Rental Terms and Conditions
Your usage of this DVD Kiosk is subject to the following Terms and Conditions:
QUICKFLICK USA, INC.
KIOSK PRODUCT RENTAL TERMS
The use of QUICKflickUSA, Inc. (hereinafter, the “Company”) kiosk product rental regardless of whether accessed via computer, kiosk, and
mobile device or otherwise are subject to these Terms. Please read these Terms carefully as they may have changed since the last time you reviewed them.
1. Each time you rent a DVD, Blu-ray, Game or other product from the Company website or automated kiosk (the "Product") you must swipe a debit or credit card.
2. By swiping or providing the Company with a debit or credit card you hereby certify to the Company that:
(a) you are 18 years of age or older;
(b) the debit or credit card you are using is legally issued to you;
(c) you authorize the Company and or its affiliates or agents to use the credit or debit card information provided by
you in collection of rental charges, purchase charges, and all amounts owing due to (i) your failure to return items,
(ii) damages to returned items, and (iii) other unpaid charges and reasonable legal fees and costs for the recovery of amounts owing; and
(d) you agree to all the Terms set forth in this Agreement.
3. For each Product that you rent, we may obtain a pre-authorization in an amount not to exceed the amount of the Replacement Value (as defined in this Agreement) to ensure that you return the Product.
4. If you rent the Product on any given day and return it the next day before 9 p.m., you will be charged US$1.35 (DVD); US$1.50 (Blu-ray); and US$2.00 (Game), plus all applicable taxes in your jurisdiction and such prices and taxes are subject to change from time to time.
5. You will also be charged US$1.35 (DVD); US$1.50 (Blu-ray); and US$2.00 (Game), for each additional night that you keep the Product.
6. The initial rental period starts when you reserve the Product on the Company’s website or when you take your Product from the kiosk (whichever occurs first) and continues until you return the Product at the kiosk from which you rented the Product.
7. You will be deemed to have purchased the Product for the Replacement Cost if you do not return the Product within fourteen (14) days of your rental of a DVD, Blu-ray product or Game. As such, you cannot return the Product nor can you receive a rebate of your Replacement Cost after this time period.
8. You further authorize the Company to retain the credit card information provided and submit credit card charge slips and/or electronic payments in collection of all amounts owing to the Company, including amounts owing for failure to return the Product or for damage to the Product.
9. You acknowledge that we have the right to conduct sales and/or rental promotions from time to time. As such, during the time period of any such promotion, the charges set forth in these Terms may be less than what is listed.
10. The Replacement Cost is currently calculated as US$25.00 (DVD), US$34.50 (Blu-ray) and US$56 (Game), plus all applicable taxes in your jurisdiction and such prices and taxes are subject to change from time to time.
11. The rental charges and Replacement Cost charges do not include applicable state and local sales tax ("Sales Tax"). You will, in addition to the amounts owing to the Company, also pay to the Company the applicable Sales Tax.
12. Without limiting anything else in these Terms, 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 radio-frequency identification (RFID) sticker on the Product; or
(b) you do not return the original box or other materials included in the box when you rent the Product.
13. If you choose to purchase the Product, or you are deemed to have purchased the Product, the purchase will be on an "AS IS" basis. The Company makes no warranties nor are there any implied warranties for the merchantability or fitness of the Product for any particular purpose. Once you have purchased the Product or you are deemed to have purchased the Product you may NOT return the Product to a Company kiosk.
14. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE KIOSKS AND ALL PRODUCTS AND THEIR CONTENTS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY AND ALL PRODUCTS. The Company makes no representations with respect to the content contained in the Product or the descriptions of any Product provided via a kiosk or the website.
15. IN NO EVENT WILL THE COMPANY, 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, THE COMPANY'S COLLECTION OR USAGE OF YOUR CREDIT CARD INFORMATION, YOUR RETURN OF THE PRODUCT OR ANY ADVERTISEMENT CONTAINED ON THE WEBSITE OR KIOSK, WHETHER OR NOT THE COMPANY 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 the return of the Product.
16. You agree to hold the Company, its affiliates, agents, successors, directors, officers, employees or other representatives, and the locations and businesses where the kiosks are located and its employees, harmless from any from any damage or loss by or to any person or property, including, but not limited to, the kiosk, arising out of the use of the kiosk or the use of any Product purchased or rented. Your sole remedy for a defective Product is replacement of the defective Product with a rental Product of the same type.
17. YOU ACKNOWLEDGE AND ACCEPT FULL RESPONSIBILITY AND GUARANTEE PAYMENT FOR ALL PRODUCTS RENTED AND/OR PURCHASED THROUGH ANY KIOSK OR THE WEBSITE. You agree that the Company and or its Affiliates may pursue all avenues of collection, including use of collection agencies to recover any amounts due and owing.
18. All disputes between you and the Company regarding your use of a kiosk or the website shall be resolved exclusively by binding arbitration under the American Arbitration Association’s rules for consumer-related disputes. Neither you nor the Company will participate in a class action or class-wide arbitration for any claims covered by these Terms. If this class action waiver is found by to be unenforceable in a particular case, then this entire arbitration clause shall be null and void in that case. This Agreement shall be governed by the Federal Arbitration Act and, where consistent, Washington law. This provision will survive the termination of your right to use any kiosk or the website.
19. These Terms, including pricing, are subject to change without advance notice at any time, but changes to material terms, such as rental rates and periods, will not affect rentals then in progress.