The terms and conditions for membership of DVD Direct are set out below and
are binding on the person making the application for membership ( herein referred
to as the "member") from the date of application of membership.
The member AKNOWLEDGES AND AGREES as follows:
1. The member must be over 18 years of age and must hold a valid credit card
to participate.
2. The member authorises Jahan Interactive Pty Ltd t/a DVD DIRECT (herein referred
to as DVD Direct) to make periodic debits to the nominated credit card account
on my behalf.
Membership and Billing
You can find the specific details regarding your subscription with DVD Direct at
anytime by clicking on the "My Account" link, located at the top of the pages
of the dvddirect.net.au Web site.
- Free Trials
From Time to time, DVD Direct will offer free trials
of it's service to new customers. These will be clearly marked
on our registration forms. You must have Internet access
and a valid credit card to redeem a free trial offer.
Free trials can only be re-deemed once per customer and/or household.
Upon the on-line processing of your application, DVD
Direct will do a pre-authorisation of $30 on your credit card
which will be held as security during your trial period.
Should you wish not to continue and all DVD discs have
been returned back in good working condition by you within
the cancellation period, DVD Direct will discard this
pre-authorisation on your credit card.
Your free 14-Day DVD Direct membership will begin when
you complete the registration process. Simply cancel anytime
in your first 14 Days, and your credit card will not be
charged. If you are enjoying DVD Direct, do nothing, and
your membership will automatically continue at the flat
monthly fee for your select account level (less any discounts or special offers
you may have) for as long as you choose to remain a member.
No commitments, no hassles. Cancel anytime.
Your trial membership is limited to 4 DVD movies during
your 14 day period.
We will begin billing your credit card for monthly subscription
fees for the Usage Plan rate that you have selected on joining
at the end of your free trial period or on your FIFTH rental unless you cancel
prior to the end of your free trial. You can view the
end date of your trial period by clicking on the "My Account"
link, located at the top of the pages of the dvddirect.net.au
Web site. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE
TRIAL OFFER AND ENSURE ALL DVD MOVIES ARE RETURNED BEFORE THIS END DATE TO AVOID CHARGES TO YOUR CREDIT CARD. We will
continue to bill your credit card on a monthly basis on the published rate plan until you cancel and have returned your DVD movies.
For security reasons, we cannot accept cancellations via
telephone or via Email - This must be done via the website through the 'My Account' screen to ensure that your account is properly closed and we do not bill your card.. However, if you need help finding this area you can email us and we'll get back to you prompty.
After you have cancelled your trial membership, you
must return any DVD discs that you have out from DVD Direct
by the end of your trial expiry date. Failure to do so will result in DVD Direct
charging your nominated credit card monthly subscription fees. To avoid charges, please ensure that all DVDs are returned by the end of published trial end date. If in doubt, please email customer service (dvdinfo@dvddirect.net.au)
- Gift Vouchers
Gift Vouchers can be used to pre-pay DVD rental for a period specified on the Voucher and Welcoming letter. Gift vouchers are transferrable BEFORE activation. Activation of the Gift Voucher is done by:
Why Do you need my credit card?
Your credit card is needed so that we may automatically continue your membership after your Voucher time has expired. You will be informed of your expiry 2 WEEKS before so that you may cancel your account if you choose. Also, we keep your credit card details on file, should you wish to purchase any ex-rental and/or new DVDs in our sales from time to time. This is the credit card that we will bill these purchases to.
After this, we will begin billing your credit card for monthly subscription fees for the
DVD Direct Normal Plan (currently $26.95) at the
end of your voucher period unless you cancel prior to the end of your pre-paid voucher time. You can view the end date of your Voucher Period by clicking on the "My Account" link, located at the top of the pages
of the dvddirect.net.au Web site. YOU MUST CANCEL PRIOR TO THE END OF YOUR
GIFT VOUCHER EXPIRY DATE TO AVOID CHARGES TO YOUR CREDIT CARD. You can also cancel via the web site on the "My Account" link and selected "Edit Membership Info". For security reasons, we cannot accept cancellations via telephone. However, if you have a queries you can you can email us and we'll get back to you prompty.
After you have cancelled your Gift Voucher Membership, you must return any DVD discs that you have out from DVD Direct. However, you will continue to be liable for subsequent membership fees for the membership plan selected by you until such time as all DVDs you have rented have been returned to us.
To verify your credit card details, initially we will conduct a pre-authorisation (preauth) of your credit card to ensure your card is valid and it has sufficient funds for security. Other than this verification, account continuation, or any loss or damage to the DVD(s), WE WILL NOT DEBIT YOUR CREDIT CARD.
The DVD Direct Normal Plan is a month-to-month subscription that
allows subscribers to rent as many DVDs as they want in the month, with
two DVD discs out at a time, with no late fees or due dates. You can upgrade or downgrade to the DVD Light or Heavy plan
which allows you to take out one or three discs out at a time for $17.95 and $36.95/month respectively.
- Billing
As a subscriber to DVD Direct, you agree that we are permitted to charge your
credit card a monthly subscription fee, any applicable sales tax and any other
charges you may incur in connection with your use of DVD Direct. The subscription
fee will be billed at the beginning of your subscription and on each monthly
renewal thereafter unless and until you cancel. We will automatically charge
your credit card every 28 days from the
commencement date of your membership. In the event your membership began on a day not contained in a given
month, we will bill your credit card on the last day of such month. We may change the fees and charges
in effect, or add new fees and charges from time to time, but we will give you
advance notice of these changes by email.
Also, we keep your credit card details on file, should you wish to purchase any ex-rental and/or new DVDs in our sales from time to time. This is the credit card that we will bill these purchases to.
- Billing (Special Offers)
Billing for special offers will begin from the day of registration and will be billed at the promotional
or special rate at the discount and duration specified. After the duration of the special has finished,
billing will resume at the standard published rates for the selected rate plan.
- Automatic Renewals
Your DVD Direct subscription will be automatically renewed on a monthly basis.
For your convenience, we will charge the monthly subscription fee to the credit
card you provide to us during registration. Your membership will automatically renew for
successive monthly subscriptions, without prior notice to you, unless and until
you cancel your membership or we terminate it. You must cancel your membership
before it renews in order to avoid billing of subscription fees to your credit
card.
- Cancellation
As noted above, you may cancel your subscription to DVD Direct at anytime. However, you will continue to be liable for the membership fees for the membership plan selected by you until such time as all DVDs you have rented have been returned to us. To
cancel, click the "My Account" link and follow the instructions under the
heading "Cancel Your Rental Membership." We do not provide refunds or credits
for any partial monthly subscription periods. .
- Ex-Rental and New DVD sales
From time to time, DVD Direct will offer ex-rental and/or new DVDs forsale through it's website.
For Ex-Rental titles, DVD Direct ensures that all discs are thoroughly checked and cleaned before being sent.
DVD Direct buffs and cleans all discs to ensure that most scratches and fingermarks are removed from the discs. As the DVD
discs are ex-rental, DVD Direct cannot guarrentee that all scratches/marks will be removed from the discs but can assure the discs will be
playable on arrvial. If the disc(s) purchased does not play, you will have 14 days to return the disc(s) back to us. DVD Direct reserves the right
to repair the disc(s) or post a refund where applicable.
New DVD Discs are sold 'shrink wrapped' but in some cases are not as these are supplied in this manor from
DVD Direct's suppliers. In this case, the DVD is visually checked to ensure there are no scratches or marks before the disc(s) are sent.
Unless faulty, DVD Direct does not offer cash refunds or exchanges.
- Games (PC-CDROM/X-Box/PS2)
DVD Direct offers a small range of entertainment titles as an extra service to customers who have been with DVD Direct for more than one month and are on the Normal (2 discs out a time) plan or higher.
- 'Fair Go' - A delivery time reduction service for Interstate and Country Customers
DVD Direct provides an additional service to assit Interstate and Country customers
in reducing their round trip delivery times. 'Fair Go' allows you to tell us when you
send your DVD Discs back to us so that we may then send your next available selection(s)
to you. This was we do not wait for your discs to be returned before sending you your next selection(s).
The only conditions of use of this service are:
- You keep to disc(s) for a minium of one night
- You inform us via the DVD Direct website that you have posted the disc before 6pm your local time
- To inform us that you have posted your disc(s), you must use the Order History Screen on your Account Mangamgent page
DVD Direct will then post your next available selection(s) on the NEXT BUSINESS DAY (when posted on a weekday). If you advise us of a return on a weekend (Sat or Sun), your next available selections will be posted out to you on the following TUESDAY.
This service is offered as a courtesy to DVD Direct customers and any abuse of this service will see it removed
from the offending party.
4. That it is the member's responsibility to have a current card credit account
with sufficient credit available in the account to permit a
direct debit in accordance with these terms. DVD Direct accepts no responsibilty for additional charges from the member's credit card finacial institution as a result of insufficent credit or overdrawn accounts.
5. That where a debit (either for membership fees or RRP in accordance with
clause 12) is rejected by the member's credit card issuer as unpaid the member
will be responsible for the outstanding amount which was to be debited and for
any costs incurred or associated with the rejected transaction including but
not limited to solicitors or collection agent costs.
6. That a delay may occur in the processing of a debit if there is a public
or bank holiday on the day or on the day after a payment is due to be made by
direct entry.
7. That a set up variation and processing fee may be applied by DVD Direct
at any during the membership and the member will be notified by DVD Direct of
any such change.
8. That the member's record and account details may be required by the member's
credit card issuer in connection with a claim made on it relating to an alleged
incorrect or wrongful debit otherwise they will be treated as confidential.
9. The member authorises DVD Direct to verify the details of the credit card
account with the member's Financial Institution. The member authorises the credit
card issuer to release information allowing DVD Direct to verify the member's
account details.
10. DVD Direct is not responsible for delayed or misdirected Internet or regular
mail.
11. Lost or Damaged DVDs/Games
The member must comply with the return packing and mailing instructions
and any other terms and conditions which are sent with the DVD stock to the
member. The member will accept full responsibility for any loss or damage
to the DVD stock if the item is not returned in the supplied return packaging. In the event of a lost DVD or game item, tbe member accepts and acknowledges that they may be requested to complete a statutory declaration indicating that they have not received the item or have posted the item back to DVD Direct. Failure to do so within the period of 30 days of notice from DVD Direct will result in the member's card being charged the RRP (Recommended Retail Price) for this item.
The member must also provide a safe and secure postal address/post box for the receipt of DVD Direct mail.
12. The member may cancel their membership at any time via the website www.dvddirect.net.au. However, the member will continue to be liable for subsequent membership fees for the membership plan selected by you until such time as all DVDs the member has rented have been returned to us.. The member HEREBY authorises DVD
Direct to debit the nominated credit card account for the subsquent membership fees for unreturned items, and the RRP (Recommended Retail Price) for damaged or lost stock in accordance with this term or clause 11.
13. The member is to allow regular delivery times for the service in accordance
with normal Australian Postal Service.
14. DVD Direct reserves the right to reject submissions for membership in violation
of these terms and condition or any incomplete or illegal submissions. DVD Direct
reserves the right to cancel membership of any member at any time.
15. Your Conduct on the dvddirect.net.au Web Site
By
accessing the dvddirect.net.au Web site, you agree not to upload, post, email or
otherwise send or transmit any material that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment associated with the dvddirect.net.au Web site. You also agree not to
interfere with the servers or networks connected to the dvddirect.net.au Web site or
to violate any of the procedures, policies or regulations of networks connected
to the dvddirect.net.au Web site, the terms of which are incorporated herein. You
also agree not to impersonate any other person while using the dvddirect.net.au Web
site, conduct yourself in a vulgar or offensive manner while using our service,
or use the dvddirect.net.auWeb site for any unlawful purpose.
16. Entertainment and Web Site Content
We distribute
movie, television, and other filmed entertainment. In addition, the dvddirect.net.au
Web site allows you and other third parties to post reviews or comments
concerning the entertainment distributed by us. Any opinions, advice,
statements, services, offers, or other information that constitutes part of the
content expressed or made available by third parties on the dvddirect.net.au Web site
are those of the respective authors or producers and not of DVD Direct or its
shareholders, directors, officers, or employees. Under no circumstances shall
DVD Direct or its shareholders, directors, officers, directors, or employees
be held liable for any loss or damage caused by your reliance on information
obtained through the dvddirect.net.au Web site. It is your responsibility to evaluate
the information, opinion, advice, or other content available through the
dvddirect.net.au Web site.
We permit you to post reviews on the dvddirect.net.au Web site in accordance with
the procedures established on the dvddirect.net.au Web site (clause 18)
and provided that the content is not illegal, obscene,
threatening, defamatory or otherwise objectionable to us. In posting such
content, you agree not to use a false e-mail address or otherwise mislead us or
others regarding the origin of such content. We do not regularly review the
content posted on the dvddirect.net.au Web site; however, we reserve the right to
remove or edit such content at anytime without notice.
17. Review Guidelines
DVD Direct suggests some guidelines in writing a useful DVD Direct movie review:
- Submit only 1 review per movie.
- Provide details to support why you enjoyed or disliked the movie.
- Don't spoil a plot by giving away endings or key plot developments.
- Compare the movie to other similar movies.
- Spell check your work -- members often disregard reviews with mistakes.
All reviews are screened before they are posted. Reviews will not be posted
if they contain:
- Harsh, profane or discriminatory language
- URLs, phone numbers, mailing or email addresses
- One-word commentaries
- Personal attacks on the movie's creative personnel
Note: Report any reviews you think don't follow these guidelines to problemreview@dvddirect.net.au.
- All submitted reviews become property of DVD Direct.
- We reserve the right to edit and/or amend submitted reviews
18. DVD Direct reserves the right to change the terms and conditions of membership at any time.
July 2005
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