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Terms and Conditions
Acceptance of Terms & Conditions These Terms & Conditions govern your use of the
Movietrak Web site. By using the Movietrak Web site, you accept and agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, you should not use the
Movietrak Web site.
Changes to Terms & Conditions Movietrak
reserves the right, from time to time, with or without notice to you, to change these Terms & Conditions at its sole discretion. The most current version of these Terms & Conditions can be reviewed by clicking on the "Terms & Conditions" hyperlink located at the bottom of most pages of the
Movietrak Web site. The most current version of the Terms & Conditions will supercede all previous versions. Your use of the
Movietrak Web site after changes are made means that you agree to be bound by such changes.
Membership and Billing You can find the specific details regarding your subscription with
Movietrak at anytime by clicking on the "My Account" tab, located at the top of the pages of the
Movietrak Web site.
- Free Trials
Free trials are only available to new subscribers of the
Movietrak service. Previous subscribers or trialists of Movietrak, DVDs365, Qflicks or Mailbox Movies,
do not qualify for a free trial. Only one free trial may be redeemed per household and a free trial may not be combined with any other offer. You must have internet access and a valid credit/debit card to redeem a free trial offer.
People who break this rule will be charged the monthly subscription, without
notice, for any additional trial taken.
Upon registering for your free trial, your credit card will be authorized for approximately three months of service. No charges, however, will be made against the card unless you do not cancel prior to the end of your free trial period or you do not return DVDs before the end of the trial.
The free trial will end once you have rented the maximum allowed DVDs for the trial period
or at the end of the period of your trial, whichever is reached first. The DVD limit for
your trial period is displayed in the "My Account" section. You may choose to become a full member at any time during the free trial period.
We will begin billing your credit card for monthly subscription fees for the
Movietrak Service once you have rented the next DVD after your maximum allowed
or your trial period has ended, whichever is reached first, unless you cancel prior to the end of your free trial and return DVDs before the end of the trial. We will continue to bill your credit card on a monthly basis for the
Movietrak Service until you cancel.
You must cancel your account and return DVDs before the end of your free trial period to avoid charges to your credit card. For instructions on how to do this, see the section on 'cancellation' below.
Movietrak reserves the right to change the free trial offer without notice.
- Billing
As a subscriber to Movietrak, you agree that we are permitted to charge your credit card a monthly subscription fee and any other charges you may incur in connection with your use of
Movietrak. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal
thereafter, unless you reach the maximum DVDs allowed for a package before the
end of the period. The maximum number of rentals for a
subscription period is shown in the package information section and also in
the "My Account" section.
Standard Packages: If the maximum number of rentals has been reached for
a subscription
period, you will be charged for the next subscription period once the next
DVD, after your maximum allowed, has been sent to you.
Lite Packages: If the maximum number of rentals has been reached for a subscription
period, your account will be put "on-hold". You can
then choose to wait until your next payment date before further DVDs are sent
or you can log in to your account and start the next subscription period
immediately. We will automatically charge your credit card each month on or after the calendar day corresponding to the commencement of your
membership unless you choose to start the next subscription period earlier.
All fees and charges are non-refundable. 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. If you want to use a different credit card or if there is a change in your credit card validity or expiry date, you may edit your credit card information by clicking on the "My Account" button, available at the top of most pages of the
Movietrak Web site. If you have not cancelled your subscription and your credit card expires we reserve the right to automatically change the expiration date on your credit card.
- Annual Membership
A discounted annual membership is available for each
subscription package. The fee is charged for one year's subscription in
advance. We do not provide refunds or credits for any partial annual subscription
period.
- Automatic Renewals
Your Movietrak subscription will be automatically renewed
each month. For your convenience, we will charge the
regular subscription fee to the credit card you provide to us during registration (or to a different credit card if you change your account information). Your membership will automatically renew for successive
periods' subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate
it, or you choose to start the next subscription period earlier having rented
the maximum allowed for the period. You must cancel your membership before it renews in order to avoid billing of subscription fees to your credit card.
- Expired or Invalid Credit Cards
The terms we agree with you are dependent on a valid
credit card being available for charging each month. Should your credit card
expire, or reach its credit limit, we send you a reminder to that effect.
If you do not update your card details and continue to keep your rented disks
you will be charged at the rate of £1.50 per day for each disk not returned.
This is to allow us to continue to provide a high level of service to other
members.
If you have any difficulties with your credit limit, then we advise you to
freeze your account (disks must be returned before freezing takes effect) and
unfreeze when funds become available.
In all circumstances you must return disks to us when you are failing to make
payment, to avoid unnecessary charges and potential legal action.
- Delivery and Return of DVDs
We currently use the Royal Mail, first-class postage prepaid, to deliver and return the DVDs you have selected to view. Actual delivery times may vary for you depending on (i) our stock availability, (ii) your delivery address, (iii) when you make your selection and (iv) circumstances impacting delivery by the Royal Mail. Any delays in the Royal Mail delivery times are outwith the control of
Movietrak. Movietrak, therefore, is not responsible for Royal Mail postal delays or misdirected mail.
It is your responsibility to ensure that your address has been entered correctly, including your postcode.
If you change address, you must update your address details in My Account
to ensure that no DVDs are sent out to the wrong address. Please ensure
this is done before you move as you will be liable for any DVDs posted to the
wrong address. You may wish to use our Freeze facility during your move.
You agree to treat the DVDs and their associated packaging with the utmost care at all times. You agree that you may need to compensate
Movietrak for any DVD lost or returned in an unacceptable condition (beyond reasonable wear and tear) - and that you allow
Movietrak to charge such compensation to your credit card. We will notify you of any such charges. Should a member withhold payment and fail to return DVDS when requested, then
Movietrak will pursue the member for the cost of these DVDs and all associated legal and recovery expenses.
- DVDs Lost or Delayed in the Post
If a DVD is delayed or lost in the post this should be reported using Report a Problem on the website. If the DVD has been lost in return, a form declaring postal loss will be
sent to you for completion. A receipt of posting should be attached if this was obtained from a Post Office when the DVD was returned.
If you have been affected by a postal delay or loss we recommend that you obtain
a receipt of posting for any further DVDs returned by you. A receipt of posting
must be attached to the form declaring postal loss for second or
subsequent losses. For any DVD reported missing, the form declaring
postal loss must be returned within 7 days, otherwise you will be charged the
full recommended retail price of the DVD. Any fraudulent declarations will
result in termination of your account and immediate and full prosecution.
- Cancellation
As noted above, you may cancel your subscription to Movietrak
at anytime. It is essential to cancel your membership no later than the day before your next
payment date, so that you are not charged for a month's membership, and before returning
your last DVD so that we do not send another.
It is also essential to cancel via the web site to ensure that your payments are ceased in the proper manner. Please note the onus is on you to cancel.
To cancel, click the "My Account" tab and follow the instructions under the heading "Cancel My Membership." We do not provide refunds or credits for any partial monthly
or annual subscription periods. Upon cancellation, you must return any outstanding DVDs to
Movietrak prior to your next payment date, getting a receipt of
posting as proof of return. If the DVDs are returned after your next payment date you will be charged for the next month's subscription (We allow 2 days to compensate for any postal delay). Failure to return such DVDs will result in your credit card being billed for such items.
If we have sent a DVD to you that you have not received, you must notify Movietrak
of this within 7 days of it being dispatched and before cancelling, otherwise you will
be billed for the item.
Account Access You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. In order to provide you with an easy-to-use service,
Movietrak will place a 'cookie' (a small text file) on any computer you use to access the
Movietrak Web site. When you revisit the Movietrak web site, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.
Disclaimers of Warranties and Limitations on Liability The
Movietrak Web site and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the
Movietrak Web site or its contents. We assume no liability or responsibility for any errors or omissions in the content of the
Movietrak Web site, any failures, delays, or interruptions in the shipment of DVDs, delivery of any content contained on the
Movietrak Web site, any losses or damages arising from the use of the content provided on the
Movietrak Web site, or any conduct by users of the Movietrak web site. We reserve the right to deliver DVDs at our sole discretion. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
In no event shall Movietrak, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Intellectual Property
You may use any Movietrak DVDs for your
personal use (and that of your family and friends) only at the address shown on
your account. Commercial exploitation or copying of our DVDs is not permitted.
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Copyright
All content included on the Movietrak Web site, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of
Movietrak or its suppliers and is protected by United Kingdom and international copyright laws. The compilation of all content on this site is the exclusive property of
Movietrak and protected by U.K. and international copyright laws. They should not be reproduced or used without express written permission from
Movietrak.
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Commercial Exploitation
You may not sell, lease, lend, license, hire out for any reward, use in a manner
inconsistent with the rights of the copyright owners or commercially exploit any
of Movietrak DVDs in any way, at any time.
- DVD duplication
You agree not to make any unauthorised copies of any Movietrak DVDs.
Entertainment and Web Site Content We distribute film, television, and other audio-visual entertainment. In addition, the
Movietrak 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
Movietrak Web site are those of the respective authors or producers and not of Movietrak
or its shareholders, directors, officers, or employees. Under no circumstances shall
Movietrak 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
Movietrak Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the
Movietrak Web site.
We permit you to post reviews on the Movietrak Web site in accordance with the procedures established on the
Movietrak Web site and provided that the content is not illegal, obscene, libellous, 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
Movietrak Web site; however, we reserve the right to remove or edit such content at anytime without notice.
Use of Information Submitted Movietrak
is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the
Movietrak Web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the
Movietrak Web site or other Web sites. Furthermore, by posting any information on our site, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information.
Your Conduct on the Movietrak Web Site By accessing the
Movietrak 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
Movietrak Web site. You also agree not to interfere with the servers or networks connected to the
Movietrak Web site or to violate any of the procedures, policies or regulations of networks connected to the
Movietrak Web site, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the
Movietrak Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the
Movietrak Web site for any unlawful purpose.
Limitations on Use You must be 18 years of age or older to use the
Movietrak service. Unless otherwise specified, the content on the Movietrak Web site is for your personal and non-commercial use and we grant you a limited license to access the
Movietrak Web site for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the
Movietrak Web site without our express written consent. Any unauthorized use of the
Movietrak Web site or its contents will terminate the limited license granted by us.
Right to Terminate We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason
whatsoever. One reason that we may do so is if we
believe that you are in breach of any obligation under these terms, including,
in particular the section headed 'Commercial Exploitation'. In the event that
we do so we will give you seven days to return our DVDs and failure to return
these DVDs will incur charges, as described under 'Cancellation' above.
Terms and Conditions last updated 18 May 2005.
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