TERMS AND CONDITIONS OF MEMBERSHIP AND RENTAL
Acceptance of Terms and Conditions
These Terms and Conditions govern your use of the OUTvideo DVD Rental Web site. By using, visiting, or browsing the website, you accept and agree to be bound by these Terms and Conditions.
If you do not agree to these Terms and Conditions, you should not join as a member, and should not complete any transactions as a member. On each subsequent use of the website, you will click ACCEPT whcih means that you reiterate that you accept these conditions, and that you have also read the latest version of them, and accept any changes that may have occurred between that occaision and the date your joined initially.
Changes to Terms of Conditions
The OUT Group Pty Ltd, trading as OUTvideo, reserves the right, from time to time, with or without notice to you, to make changes to these Terms and Conditions at our sole discretion. The most current version of these Terms and Conditions can be reviewed by clicking on the "Terms & Conditions" hyperlink located at the bottom of the pages of the OUTvideo website.
The most current version of the Terms and Conditions will supersede all previous versions. Your subsequent use of the website means that you agree to be bound by such changes. We will notify you of any changes via email.
Parties to the agreement
The OUT Group Pty Ltd, trading as OUTvideo is situated at 108 St Kilda Rd, St Kilda 3182, in the State of Victoria. Our postal address is PO Box 1041, Elwood 3184.
Our credit card merchant facility is in the name of The OUT Group Pty Ltd.
You as the member are the other party to this agreement, and your name and address are stated as per your membership form, and any subsequent revisions you make to your membershiop information online, by phone, by post or by email.
Privacy
Any information submitted on the OUTvideo website is subject to our Privacy Policy, the terms of which are available on the PRIVACY link at the bottom of the page. By using our website you accept and consent to these policies and practices.
Membership
You can find the specific details regarding your membership account with OUTvideo at anytime by clicking on the "My Account" tab, located at the top of the pages of the website.
Billing
As a member of OUTvideo Online DVD rentals, you agree that we are permitted to charge your credit card for the transactions you make via your log-in. Such transactions require the log in and password stipulated by you. You should keep these private at all times, as they are the key to your authority to operate on your membership, and thus incur fees on your account, which you have authorised to be charged to your credit card.
You agree to pay all fees, including all goods and services tax and any other charges that may from tuime to time be added by Governments (State or Federal) that you may incur in connection with your use of our services.
The useage fees will be billed on the day that your requested DVDs are mailed to you. In the event your credit card is declined, we will keep your order active for 24 hours, and attempt to contact you by phone and email to establish the problem, rectify the payment, and then despatch your order. Should your payment not be finalised within 24 hours of placing your order, the DVDs will be returned to the rental stock, and your order cancelled. We will charge an administration fee of $5 for such cancellations, which will be added to your account, to be paid on the occaision of your next rental.
We do not store your credit card number against your membership, and you will need to enter your card details on each occaision you purchase from us.
Credit Card Payments
While our website is a secure server, our credit card transactions are not done online. The information is viewed directly from the secure server, and your credit card is then manually processed. Should there be any discrepancies between the automated pricing and the actual pricing, these will be manually adjusted before we make any charges to your credit card. All charges appear from The OUT Group on your credit card statements.
Rental Period
The rental period is 11 days from the day we despatch the movies, until the day we receive them back. This should allow you to have the movies for 6 to 7 days. You may of course return them at any time before this. However we suggest that you place the movies in the provided return envelope no later than the date shown on your return slip. If you are concerned that you are returning them after the date shown on your return slip, then you may choose to return the DVDs and the mailer in an Express Post or Courier envelope to make it quicker.
Such charges are at your own expense. If you wish to return the movies by Registered Post, this is also at your expense, however remember that this may add an extra day to the return postage time. If you live in a remote area, the Express Post may take up to 3 days to get to you (instead of 1). You will therefore have 1 or 2 less days to view the movies (bearing in mind they need to leave you by the date on the return slip).
Fines
We allow 1 working day for the movies to arrive to you. We allow you to have the movies for 7 days. We allow 3 days for the movies to come back to us. So basically, the movies need to back with us on the 11th day after they are despatched to you. If they are not, then overdue fees will begin to accrue at the rate of $1 per day (up to $5 per week) PER MOVIE. The overdue fees will be charged to your account on the next time we despatch movies to you (added to that rental cost).
If your overdues fees are over a total of $5, and you have not rented in the ensuing 3 months, we will charge your credit card on file for the overdue fees, and forward the receipt to you by normal mail. You give us authority to make this charge by accepting these conditions.
Cancellation
You may cancel your membership to OUTvideo Online Rentals at any time - either by not utilising your account, or by emailing us to request that we close your account.
We do not provide refunds or credits (in part or in full) for any services which may be requested, underway or completed at the time of this request.
We may choose to cancel your membership if you damage our goods, do not return our goods, refuse to make good for your loss, or lodge a claim with your financial institution to reverse payment of any credit card charge made by us for services operated through your account.
Loss / Damage / Non-Return
You remain responsible for all losses from the time they leave our premises, until they are returned to our PO Box. We reserve the right to charge your credit card or other payment method for any loss or damage that OUTvideo incurs should goods not be returned at all or prior to their specified date. You will be notified in advance of any charges that may arise.
Charges issued will be on a Per Item basis and will be a minimum of $10.00 and up to $100.00 per item (inc. GST) depending on replacement costs. While you give us an unequivocal right through your membership application to charge your card for this replacement fee, please note that failure to pay any charges (or your request for a reversal of such charges through your financial institution) will result in the matter being raised as a legal issue.
If any items have been reported lost, returned or damaged and have not been received by OUTvideo or have arrived at our PO Box damaged (excluding fair wear and tear), these charges will be effected immediately. If any items that have been reported lost or returned and are subsequently satisfactorily received by OUTvideo after charges have been incurred, OUTvideo will issue a full refund of all charges with the exception of the overdue fees that would have applied for the period that the goods were perceived as lost or damaged.
Where the loss or damage is due to actions by Australia Pot and its servants, you will need to pay us for the replacement value of the items, and then seek the reimbursement for the lost or damaged items from Australia Post.
Verification of Identity
If you are going to be a regular renter with us, we need to make sure your are the account holder of your credit card. We therefore require proof that you are the card holder. To this end we ask you, on completion of your first rental, to provide us with either
1. a photocopy of the front and rear of your credit card OR
2. a photocopy of the front page of your credit card statement (you may photocopy the statement and black out any purchases or your credit limit with a black marker)
These will be stored with a copy of your rental agreement in a locked office, with alarmed security out of hours. If in the future you dispute a charge from us, or you claim that you have not used our service, then we need to be able to provide a copy of your rental agreement and this Identification to our bank in order to validate the charge.
If you feel strongly about not providing this information, then the alternative is that you lodge a $100 deposit with us by cheque or money order, which will be held on file as a security for the discs that you have in your possession, and will be refunded on written request once all DVDs have been returned to us.
Region Coding
As per information supplied on our website in the FAQ section, we advise that under current Victorian Office of Fair Trading decisions, that we are not obliged to provide refunds, replacements or any other restitution where the reason that items will not play is due to region coding issues. As the point of purchase is in Victoria, any such claims should be directed to the Victorian Office of Fair Trading.
Pricing
Our current pricing is shown on the FAQ page, and is subject to change without notice. The cost of our postage service is posted on the FAQ page, and is also subject to change without notice. Our computer is set to automatically calculate prices of your rental selections, and to automatically add the correct shipping cost. We advise that while the online system may give a total, we always check this manually before we manually charge your credit card.
Fraudulent / Suspicious Acts
We reserve the right to log your personal information, including but not restricted to your IP Address, and all personal details filled out by you, and to gather other information on you from publically available sources, or from Credit Reference Agencies, in order to verify your identity. If OUTvideo suspects any fraudulent or suspicious acts, we retain the right to place all accounts on hold or suspension, review activity and demand any items to be returned to us without prior warning.
Referral Discounts and other offers
Offers may be made from time to time and they are to be requested at the time of order. They cannot be retroactively applied. Offers carry an expiry date which should be adhered to, and cannot be extended by our staff.
Account Access
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you have full right to request access to all personal information held as stated within our Privacy Policy. You are also responsible to ensure your personal information is accurate and complete. You can maintain and update your personal information by clicking on the "My Account" button, available at the top of the pages of the OUTvideo website.
Disclaimers of Warranties and Limitations on Liability
The OUTvideo website and its contents are provided "as is" and we make no representations or warranties of any kind with respect to it or its contents. We assume no liability or responsibility for any errors or omissions in the content, nor any failures, delays, or interruptions in the delivery of any content contained on the website, any losses or damages arising from the use of the content provided on the website, or any conduct by users of the website or host companies. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
In no event shall OUTvideo or The OUT Group Pty Ltd, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Similarly, we cannot be held responsible for any damage to your DVD hardware or computer hardware from the use of our products, whether properly or improperly.
Intellectual Property and Copyright
All content included on the OUTvideo website, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of The OUT Group Pty Ltd and/or its suppliers and is protected by Australian and International copyright laws. The compilation of all content on this site is the exclusive property of The OUT Group Pty Ltd, and protected by Australian and International copyright laws. They should not be reproduced or used without express written permission from The OUT Group Pty Ltd, and such permission will only be given in writing, in response to a written request posted to our address as above, by registered post.
Limitations on Use
You must be 18 years of age or older to use the OUTvideo Online Rental service. Unless otherwise specified, the content on the OUTvideo website is for your personal and non-commercial use and we grant you a limited license to access the site for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the site without our express written consent. Any unauthorised use of the site or its contents will terminate the limited license granted by us. You may not link directly to any product or graphic from any other site without prior approval.
An OUTvideo member may not have more than one active membership, whether this is by use of name, e-mail address, an alias or combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained by this way on all memberships which may be linked to you, in the past, present and future.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any reason whatsoever. We do not need to advise you of the reason if your behaviour or actions are in breach of this agreement.
Entire Agreement
These Terms and Conditions, when read in conjunction with the information in our FAQ section, and other information provided by us on our website, form the entire agreement between our company as the supplier, and yourself as the customer.
Signed this 19th day of April 2007.
Paul Hollingworth
Managing Director
The OUT Group Pty Ltd
ABN 57 123 949 968
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