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Acceptance of Terms and Conditions

These Terms and Conditions govern your use of the DVDjam Web site. By using, visiting, or browsing the DVDjam Web site, you accept and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not use the DVDjam Web site.

Alterations to Terms of Conditions

DVDjam Pty Ltd reserves the right, from time to time, with or without prior notice to you, to alter these Terms of Use at our sole discretion. The Terms & Conditions can be reviewed by clicking on the "Terms & Conditions" located under "CUSTOMERS - General Information" of the DVDjam Web site. The most current version of the Terms & Conditions will supersede all previous versions. Your use of the DVDjam Web site after changes are made means that you agree to be bound by such changes. We will endeavor to notify you of any changes via email.

Privacy

Any information submitted on the DVDjam Web site is subject to our Privacy Policy. Please review our Privacy Policy to understand our practices. By using the Web site you accept and consent to these practices.

Membership and Billing

You can find the specific details regarding your membership account with DVDjam at anytime by clicking on the "My Account" tab, located at the top of the pages of the DVDjam Web site.

Billing (Postal & Melbourne CBD Plans)

As a subscriber to DVDjam, you agree that we are permitted to charge your credit card according to your selected plan, be it monthly or weekly subscription and any other charges you may incur in connection with your use of DVDjam. The subscription fee will be billed at the beginning of your subscription and, for monthly subscriptions,on each monthly renewal thereafter unless you cancel. You can check the commencement date for your next renewal period in the "My Account" section of the DVDjam Web site. We will automatically charge your credit card each month on the calendar day corresponding to the commencement of your subscription to DVDjam. In the event your DVDjam Plan subscription began on a day not contained in a given month, we will bill your credit card on the last day of such month. For example, if you became a member on January 31st, your card would be billed on February 28th. 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 expiration date, you may edit your credit card information by clicking on the "My Account" button, available at the top of the pages of the DVDjam Web site. Please refer to our cancellation terms as below.

Automatic Renewals

Your DVDjam 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 (or to a different credit card if you change your account information). Your membership will automatically renew for successive monthly subscriptions, without prior notice to you, unless 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. Upon cancellation you will be given seven (7) days to return any outstanding rentals. Non returned rentals will attract continued subscription fees.

Cancellation

As noted above, you may cancel your membership to DVDjam at anytime. To cancel, click the "My Account" tab and follow the instructions under the heading "Change / Close / Suspend My Account." We do not provide refunds or credits for any partial periods. Upon cancellation, you will be given seven (7) days to return any outstanding products. Failure to return such rentals will result in your credit card being billed the charges for such items in accordance with the terms as below.

Loss / Damage / Non-Return

We reserve the right to charge your Credit Card or other payment method for any loss or damage that has occurred during the rental of goods belonging to DVDjam. You will be notified in advance of any charges that may arise. Charges issued will be on a Per Item basis and will be a minimum of $29.95 (inc. GST) or more depending on replacement costs whichever is the greater. Failure to pay any charges will result in the matter being raised as a Legal issue.

However if you believe you are not responsible for the loss or damage, we will consider your case on its merit and on receipt of a written explanation.

Fraudulent / Suspicious Acts

If DVDjam suspects any fraudulent or suspicious acts, we retain the right to place all accounts on hold or suspension, review activity and demand any items to be returned to DVDjam without prior warning. Matters in this instance will incur charges as per above and may also be raised as a Legal issue.

Gift Certificates/Vouchers/Coupons

Gift Certificates / Vouchers / Coupons are available for sale on request. These are subject to specific terms and conditions.

Account Access

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you have full right to request access to all personal information held as stated within our Privacy Policy. You are also responsible to ensure your personal information is accurate and complete. You can maintain and update your personal information by clicking on the "My Account" button, available at the top of the pages of the DVDjam Web site.

Disclaimers of Warranties and Limitations on Liability

The DVDjam Web site and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the DVDjam Web site or its contents. We assume no liability or responsibility for any errors or omissions in the content of the DVDjam Web site, any failures, delays, or interruptions in the delivery of any content contained on the DVDjam Web site, any losses or damages arising from the use of the content provided on the DVDjam Web site, or any conduct by users of the DVDjam Web site. 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 DVDjam, 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

Copyright

All content included on the DVDjam Web site, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of DVDjam Pty Ltd its suppliers and is protected by Australian and International copyright laws. The compilation of all content on this site is the exclusive property of DVDjam Pty Ltd, and protected by Australian and international copyright laws. They should not be reproduced or used without express written permission from DVDjam Pty Ltd.

Trademarks

All trademarks not owned by DVDjam Pty Ltd that appear on the DVDjam Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DVDjam Pty Ltd. Any images of persons or personalities contained on the DVDjam Web site shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.

Web Site Content Disclaimers

We distribute merchandise, movies, games, television, and other filmed entertainment products. Under no circumstances shall DVDjam Pty Ltd 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 DVDjam Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the DVDjam Web site.

Rental Service Styles

DVDjam offers two subscription styles with rental plans to suit from 1 to 5 DVDís out at any one time. The two options are :

Postal Delivery : DVDjam uses Australia Post to deliver DVDís to you and receive DVDís back from you. On return of each DVD we send another from your list. Please allow for Australia Post delivery times. DVDjam is not responsible for delayed or misdirected mail. Rental requests are fulfilled Monday to Friday. You can review at anytime your current rentals by visiting ďMy ListĒ at the top of the DVDjam website page.

Melbourne CBD Delivery : DVDjam delivers your DVDís to selected outlets in the Melbourne CBD area every weekday. You can collect your next DVD the day after each return.

Use of Information Submitted

DVDjam Pty Ltd is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the DVDjam 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 DVDjam 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 DVDjam Web Site

By accessing the DVDjam 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 DVDjam Web site. You also agree not to interfere with the servers or networks connected to the DVDjam Web site or to violate any of the procedures, policies or regulations of networks connected to the DVDjam Web site, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the DVDjam Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the DVDjam Web site for any unlawful purpose.

Limitations on Use

You must be 18 years of age or older to use the DVDjam service. Unless otherwise specified, the content on the DVDjam Web site is for your personal and non-commercial use and we grant you a limited license to access the DVDjam Web site for that purpose. You may not download, 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 DVDjam Web site without our express written consent. Any unauthorized use of the DVDjam Web site or its contents will terminate the subscription granted by us.

A DVDjam member may not have more than one active membership, whether this is by use of name, e-mail address, an alias or combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained by this way, such as gift vouchers, promotional benefits and the value therein.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any reason.

Links

Some of the hyperlinks on the DVDjam Web site may lead to other Web sites that are not controlled by, or affiliated with, DVDjam. In addition, other Web sites may link to the DVDjam Web site. DVDjam has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.

   
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