TERMS & CONDITIONS
When you rent a movie from our kiosk:
· You agree to be bound by the terms
· You warrant that you are legally entitled to do so in all respects; and
· You agree to use the movie only as permitted
· A valid credit card/debit card legally issued to you is required at the time of rental
· The rental period for the movie is one night. The movie must be returned by 6pm the following day
· Extra nights after the initial hire period are charged (upon return) at $4 per night for new release, $4 per 3 days for 3 day hires and $4 per 7 days for weekly DVD’s and Blu-rays. If after 14 (fourteen) days for New Releases, 15 (fifteen) days for 3 Day Hires, 28 (twenty eight) days for Weeklies, you don’t return the movie it is yours to keep and you will be charged a total of $40 for New Release Blu-rays, $30 for New Release DVDs, $20 for 3 Day Hire Blu-rays, $15 for 3 Day Hire DVDs, $15 for Weekly Blu-rays, $10 for Weekly DVDs. You then own the movie.
· You will be required to enter your mobile telephone number and your email address so that you may receive a receipt for your transaction and/or other notices relating to your transaction/s.
· If a movie is damaged by you, a fee to replace it may be charged.
If you have a problem with any movies rented:
Please call (07) 4975 1159 (5am-7pm) and we will investigate the problem.
FULL TERMS AND CONDITIONS
We are Mt Larcom News ABN: 59 778 865 569, of 14 Raglan St Mount Larcom, QLD, Australia.
You (the renter of Our Products) are referred to as the “Customer” or “You”.
The Product shall mean either pre-recorded DVDs (Digital Video Discs or Blu-rays), games in DVD format and/or CDs and/or similar Products as may be added to Our range of Products from time to time.
By renting or buying Products from Us, You agree to all of the following terms and conditions. Where any authorisation from You (or to You by a third party) is necessary in order to give effect to any such terms, then You agree that such authorisation has been given.
Renting and buying Our Products
1. A Customer who rents or purchases any Product from Our vending Machine/s (“Machine”) must be legally entitled to do so in every respect. By entering into any transaction to rent or buy a Product from Us You warrant that You are legally entitled to do so in every aspect including that the credit card/debit card used by You is legally issued to You.
2. Unless the Customer has purchased the Product, the Customer shall be entitled to retain and remain in possession of the Product for the period indicated on the Mt Larcom News Machine at the time of hire of the Product (the Initial Hire Period).
3. 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 credit card/debit card with Mt Larcom News. Fees are charged overnight/per night according to the rates noted on Our Machine and the Product is due back by 6.00PM on the day after being rented or before the host store/shopping centre closes. Extra nights are charged at $4.
4. From the time that the Products are delivered to the Customer from the Machine, the Product shall be deemed to be in the possession of the Customer. The Customer agrees to retain possession of the Product at all times during the hire period. Delivery shall be deemed to have occurred when the Customer confirms on the kiosk screen the withdrawal of the Product from the Machine.
5. The Product shall be deemed to have been received by the Customer in good order and repair and the Customer undertakes to take good care of the Product and to maintain the Product in the same good working order and repair until such time as the Product is returned to the Machine.
6. If you believe the Product you rented from us is defective you must contact the provided customer service address immediately. You agree that your exclusive remedy for a defective Product is a substitute Product of equal or lesser value for the same type of item.
7. The Customer acknowledges that the Product is hired from Mt Larcom News strictly for his/her private and personal use and the Customer accordingly agrees to be bound by the terms and conditions of the original copyright for the Product.
8. It is accepted that Mt Larcom News has secure and accurate procedures for recording all returned Products and the time of their return. If Mt Larcom News 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 be shown then You must pay the fees and compensation set out below.
a. Movies are due back on or before the due date. Please review your transaction and make a note of the day your movie/s are due, as specific movies returned after the due date will incur a further overnight charge.
b. In the event that the Customer chooses to return the Product after the initial hire period, but does return it within 14 (fourteen) days for New Releases, 15 (fifteen) days for 3 Day Hires, 28 (twenty eight) days for Weeklies, from the beginning of the initial hire period, Mt Larcom News shall be entitled to debit the Customer’s credit card/debit card with the daily hire fee for each day the Customer keeps the Product.
c. If the rented Product has not been returned within 14 (fourteen) days for New Releases, 15 (fifteen) days for 3 Day Hires, 28 (twenty eight) days for Weeklies, of the initial hire period Mt Larcom News may treat rented Product as lost or stolen and may charge You the replacement cost of the rented Product.
d.The replacement cost for the movie will be $30 for New Release Blu-rays, $25 for New Release DVDs, $20 for 3 Day Hire Blu-rays, $15 for 3 Day Hire DVDs, $15 for Weekly Blu-rays, $10 for Weekly DVDs, unless otherwise notified at the location of rental.
e. The replacement cost will be charged against the credit card/debit card used to rent the movie.
f. If a replacement cost is charged to the Customer, the Customer then becomes the legal owner of the Product.
g. You irrevocably authorise Mt Larcom News to charge the credit card/debit card used to rent the movie to recover the amount of fees or compensation payable by You under these terms and conditions, without prior notice. The fee for the initial hire period will be charged to your credit card/debit card at the time of rental and any late fee/replacement fee or the like will be applied at the time of returning the Product/s.
9. The Customer shall be liable to Mt Larcom News for any loss or damage of the Product from the time that the Product/s are delivered to the Customer until they are returned to the Mt Larcom News Machine, and in the good condition referred in paragraph 5.
10. The Product must be returned to the Mt Larcom News Machine from which it was hired and it must be returned in the original case it was dispensed in.
11. Returns must be made by following the procedures required by the Machine to successfully redeposit the Product in the Machine.
12. The Customer shall remain strictly liable for the fulfilment of the terms and conditions set out herein in respect of all and any Product hired or purchased from Us with the Customer’s credit card/debit card notwithstanding that such card may have been used by a person other than the Customer.
13. Any information processed or created or obtained by CustomSoft from any equipment operated by CustomSoft, including the CustomSoft Machine, shall be prima facie correct unless the contrary is proved by the Customer and in respect of which the onus shall rest on the Customer.
14. You give express consent for CustomSoft 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.
15. The Customer hereby indemnifies and holds CustomSoft harmless in respect of any and all claims of whatsoever nature that may arise against CustomSoft as a result of the use by the Customer of the CustomSoft Machine and/or the hiring by the Customer (or any person making use of the Customer’s credit card/debit card) of any Product. The Customer indemnifies and holds CustomSoft harmless in respect of all claim/s arising from any loss and/or damage to any of the Product and/or the CustomSoft Machine.
16. A Customer shall not authorise or allow the viewing of any rented Product by minors when Products are specifically prohibited from being viewed by minors and/or when any such viewing will contravene any relevant law in Australia. In the event that the Customer fails to act strictly in accordance with the provisions of this paragraph, the Customer indemnifies and holds CustomSoft harmless in respect of any claim of whatsoever nature that may be made against CustomSoft arising out of the hire and/or viewing by minors of Products that are prohibited by law.
17. You agree that CustomSoft 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.
18. You must provide an e-mail address in order to be eligible to hire a movie. 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 information in respect of rentals from Our Machine. Your email address will not be supplied to third parties other than Our agents or sub-contractors or partners and where it is necessary to give effect to or in the administration of your transaction/s.
19. This agreement will apply to all Products rented from CustomSoft, even if the location of the kiosk is moved, if it is combined with another kiosk or if its name or ownership changes.
20. You will notify CustomSoft immediately of any change in your address, contact telephone numbers or credit card details.
21. We may assign Our rights under this Agreement.
22. This Agreement constitutes the entire Agreement between the parties. The parties agree that for any variation, amendment or waiver of any of the terms or provision of this Agreement to be of binding force and effect as between the parties hereto, such variation, alteration or a waiver shall be required to be reduced to writing and signed by the parties hereto.
23. The Customer hereby consents to the Courts of the State Queensland as having jurisdiction in respect of any Action arising herefrom.