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