Usage agreement

Your usage of our DVD Kiosk is subject to the following Terms and Conditions:

1. Each time you rent a DVD or other product from this automated Kiosk (the "Product") you must swipe a credit card.

2. By swiping a credit card you hereby certify to DVD Federation that:

    (a) you are 18 years of age or older;
    (b) the credit card you are using is legally issued to you; and
    (c) you agree to all these Terms and Conditions.
     

 

3. You agree to be responsible for and guarantee payment to DVD Federation Members of all charges related to the rental or purchase of the Product as indicated on the kiosk screen. You further authorize DVD Federation Members to retain the credit card information provided and submit credit card charge slips and/or electronic payments in collection of all amounts owing to DVD Federation Members, including amounts owing for failure to return the Product or for damage to the Product.

4. You are subject to these specific terms and conditions:

    (a) If you return the Product within ten (10) minutes of the time of your rental, you will not be charged for the rental.
    (b) If you return the Product within twenty four (24) hours of the time of your rental, your rental charges will be $1.49 (some kiosks may charge +/-).
    (c) You will be charged $1.49 (some kiosks may charge +/-) for each day that you rent the Product after the first twenty four (24) hours; and
    (d) You will be deemed to have purchased the Product for the Replacement Cost if you do not return the Product within fifteen (15) days (some kiosks use +/-) of your rental of the Product. As such, you cannot return the Product nor can you receive a rebate of your Replacement Cost after this time period.

     

5. The Replacement Cost is currently calculated as $29.99 plus applicable sales tax(es) and is subject to change with market increases.

6. The rental charges and Replacement Cost charges do not include applicable goods and services tax or provincial sales tax ("Sales Tax"). You will, in addition to the amounts owing to DVD Federation Members, also pay to the applicable Sales Tax.

7. Without limiting anything else in these Terms and Conditions, you will be charged for the Replacement Cost of the Product if:

    (a) the Product is returned damaged including any tampering or damage to the RFID sticker (Radio-frequency identification) on the Product; or
    (b) you do not return the original box or other materials included in the box when you rent the Product.

     

8. If you choose to purchase the Product, or you are deemed to purchase the Product, the purchase will be on an "as is" basis. DVD Federation Members make no warranties nor are there any implied warranties for the merchantability or fitness of the Product for any particular purpose.

9. In no event will DVD Federation, its affiliates, agents, successors, directors, officers, employees or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive or aggravated damages (including without limitation, damages for loss of data, income, loss of or damage to property and third party claims) or any other damages of any kind, arising out of or in connection with: your rental of the Product, your operation of the kiosk, DVD Federation's collection or usage of your credit card information, your return of the Product or any advertisement contained on this kiosk, whether or not DVD Federation has been advised of the possibility of such damages. This exclusion of liability will apply to the fullest extent permitted by law. This provision will survive your purchase of the Product or your return of the Product.

10. You agree to indemnify DVD Federation, its affiliates, agents, successors, directors, officers, employees or other representatives from any damage or loss to any person or property, including, but not limited to, the kiosk, arising out of the use of the Kiosk or the purchase or rental of the Product.

11. This Agreement will be construed and governed by the laws of the jurisdiction where the kiosk is located and you and DVD Federation Members submit to this exclusive jurisdiction.

12. Time is of the essence.