TERMS AND CONDITIONS

TERMS AND CONDITIONS

Terms & Conditions?

1. You are responsible for use of the credit card (Master Card / Visa) and the return of rented products

1.1 You are obligated to pay rental fees and any other fees / late fees extended to any products rented (whether authorised or not) by any person who uses your Master Card Visa credit card /debit card, membership card and/or password agreed with RedRoomDVD. Fees are charged overnight / per night according the the rates noted at your kiosk or store. Kiosk rentals are due back by 7PM, extra nights being charged at $2.95. If you are renting from a RedRoomDVD store, please see posted rates or helpful staff for further details.

1.2 You will return all rented products to a suitable RedRoomDVD location, in the same good condition as they were provided. For clarity, products rented from a full service RedRoomDVD store must be returned to that same store whereas products rented from a kiosk can be returned to any kiosk nationwide.

1.3 All DVDs shall be deemed to have been received by you in good order and repair.

1.4 It is accepted that RedRoomDVD has secure and accurate procedures for recording all returned products and the time of their return. If RedRoomDVD records do not show that a product has been duly returned, then the onus is on you to prove when it was returned, and that it was returned in good condition. If this cannot been shown then you must pay the fees and compensation set out below.

2. What happens if you do not return a DVD rented by you?

2.1 DVDs are due back on or before the specified due date. Please review your transaction and make note of the day your DVD(s) are due as DVDs returned after the due date will incur a further overnight charge / late fee. This fee will be $2.95 for every additional night if rented from a RedRoomDVD Kiosk - fees may vary if you are renting from a full service store, see staff or posted rates for more information.

2.2 RedRoomDVD may treat a rented product as lost or stolen if the rented product has not been returned within 11 days of rental and may charge you the Replacement Cost of the rented product.

2.3 The Replacement Cost for a standard DVD will be $35, for a disc of a TV Series will be $60, and for a Blu-Ray disc will be $50 unless otherwise notified at the location of rental.

2.4 The Replacement Cost will be charged against the Master Card / Visa credit card/debit card used to rent the DVD, or may be withheld from any prepaid rental credits.

2.5 You irrevocably authorise RedRoomDVD to charge the Master Card / Visa credit card/debit card used to rent the DVD to recover the amount of fees or compensation payable by you under these Terms & Conditions, without prior notice.

3. Default Action

3.1 You acknowledge that if any fees or compensation remain outstanding for any reason, RedRoomDVD may, without prior notice:

3.1.1 report that fact to the Credit Reference Association of Australia or other default registry; and

3.1.2 take such recovery or legal action, civil or criminal, as RedRoomDVD sees fit to obtain payment. The customer shall pay RedRoomDVD for all costs actually incurred by RedRoomDVD in the recovery of any monies owed by the customer to RedRoomDVD under this agreement including recovery agents costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.

3.2 You understand that if RedRoomDVD makes an adverse report to the Credit Reference of Australia you may not be able to obtain finance and credit until you have paid all that is due.

4. Privacy

4.1 By renting a DVD, you agree and acknowledge that RedRoomDVD and any of its related entities may exchange personal information about you including information you provide and information about your movie borrowing and purchase habits and patterns.

4.2 You give express consent for RedRoomDVD to obtain or provide credit information about you to or from a credit reporting agency which may be used for the purposes of assessing your credit worthiness.

5. Other terms

5.1 A customer who rents any Product from RedRoomDVD must be legally entitled to do so in every respect. By entering into any transaction to rent a product from us, you warrant that you are legally entitled to do so in every respect.

5.2 A Customer shall not authorise or allow the viewing of any rented product by minors when products are specifically prohibited from viewing by minors. Accordingly, in the event that the customer allows a minor to make use of his Credit Card, the Customer shall ensure that minors may not view the Product if such viewing contravenes any Act or Regulation. In the event that the customer fails to act strictly in accordance with the provisions of this paragraph, the Customer indemnifies and holds RedRoomDVD harmless in respect of any claim of whatsoever nature that may be made against RedRoomDVD arising out of the hire and/or viewing by minors of products that are prohibited by law.

5.3 The customer hereby indemnifies and holds RedRoomDVD harmless in respect of any and all claims of whatsoever nature that may arise against RedRoomDVD as a result of the use by the customer of a RedRoomDVD store or kiosk and/or the hiring by the customer (or any person making use of the customer’s Master Card / Visa credit card), of any Product. Furthermore the customer indemnifies and holds RedRoomDVD harmless in respect of all claim/s arising from any loss and/or damage to any of the Product and/or the RedRoomDVD store or kiosk.

5.4 You acknowledge that all rented products remain the property of RedRoomDVD.

5.5 You agree that RedRoomDVD is not responsible for any loss or damage or injury suffered by any person or property in any manner whatsoever arising from the service or use of any products rented.

5.6 You will not copy or alter any rented product in any way.

5.7 All products will only be rented for personal use and not for reward. You will not pass on any product to other persons for their use and you will not use the product in public displays.

5.8 You must provide an e-mail address in order to be eligible to hire a DVD. You authorise us to use your e-mail address to provide an electronic copy of your receipt as well as other communications related to your transaction. Further, you authorise us to use your e-mail address to advise you of promotions, surveys and 3rd party offers.

5.9 RedRoomDVD may vary the terms of this agreement at any time and posting on www.redroomdvd.com will be deemed sufficient notice.

5.10 This agreement will apply to all products rented from RedRoomDVD, even if the location of the store/dispenser is moved, if it is combined with another store/dispenser or if its name or ownership changes.

5.11 You will notify RedRoomDVD immediately of any change in your address, contact telephone numbers or credit card details.

5.12 The jurisdiction for all matters relating to this membership application form is NSW.