Last updated: 30 March 2018
This website is operated by DVD Locker. Throughout the site,
the terms “we”, “us” and “our” refer to DVD Locker. DVD Locker offers
this website, including all information, tools and services available
from this site to you, the user, conditioned upon your acceptance
of all terms, conditions, policies and notices stated here. By visiting
our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions
(“Terms of Service”, “Terms”), including those additional terms
and conditions and policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users of the site,
including without limitation users who are browsers, vendors, customers,
merchants, and/ or contributors of content. Please read these Terms
of Service carefully before accessing or using our website. By accessing
or using any part of the site, you agree to be bound by these Terms
of Service. If you do not agree to all the terms and conditions
of this agreement, then you may not access the website or use any
services. If these Terms of Service are considered an offer, acceptance
is expressly limited to these Terms of Service. Any new features
or tools which are added to the current store shall also be subject
to the Terms of Service. You can review the most current version
of the Terms of Service at any time on this page. We reserve the
right to update, change or replace any part of these Terms of Service
by posting updates and/or changes to our website. It is your responsibility
to check this page periodically for changes. Your continued use
of or access to the website following the posting of any changes
constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - PAYMENT METHODS
DVD Locker accepts various forms of payment, as set forth on the DVD Locker website. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. By subscribing to DVD Locker or submitting an order for other paid services offered through the site, you authorize DVD Locker, or its designated payment processor, to charge the account you specify for the purchase amount. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your DVD Locker Account upon demand. All payments are to be made in the currency designated by us. Billing We use a third-party payment processor (the “Payment Processor”) to bill the payment method you provide (your “DVD Locker Account”) for use of the Paid Services . The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for any error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. Recurring billing If you enroll for subscription-based Paid Services, you authorize DVD Locker or its payment processor to charge the applicable recurring subscription fees to your designated billing payment method. When you initially subscribe to such Paid Services, you will be charged immediately for the initial period of the subscription at the then-current fee. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring periodic charges as specified on the Services. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES FOR SUBSCRIPTION-BASED PAID SERVICES (E.G., MONTHLY FEES) WITHOUT OBTAINING ANY FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, LOG INTO YOUR ACCOUNT ON THE DVD LOCKER WEBSITE. Current information requirement YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR DVD LOCKER ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR DVD LOCKER ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE ON YOUR MY ACCOUNT PAGE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE . Auto-renewal for subscription services Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or terminate your Subscription Services at any time, log into your DVD Locker Account or contact customer service at: firstname.lastname@example.org. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Canceling paid subscriptions To cancel an ongoing, paid Individual subscription, please log into your account and follow the process described therein. Once you have cancelled your subscription, DVD Locker will stop billing you until and unless you re-subscribe under your DVD Locker account or any other. Any and all fees paid and charges made prior to cancellation or termination of your account are nonrefundable. If you have a recurring monthly subscription, all subscription amounts previously paid – including the amount paid for the month in which the cancellation occurs – are nonrefundable. Termination If DVD Locker believes that you have violated these Payment Terms or the Terms and Conditions, we may suspend or terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. All fees paid hereunder are non-refundable. DVD Locker may also in its sole discretion, and at any time, modify or discontinue the subscription service, or any part thereof, with or without notice. You agree that DVD Locker is not liable to you or any third-party for any interference with, or termination of, your access to the subscription service. We may also deactivate your account without notice to you if payment is past due, regardless of the amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription. You may update any of your billing information (including a change to your desired billing payment method) through your DVD Locker account settings on the DVD Locker Site.
SECTION 6A - TRIAL PERIOD
DVD Locker accepts a 7 day trial on customers who wish to use this option, as set forth on the DVD Locker website. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. By subscribing to DVD Locker or submitting an order for other paid services offered through the site, you authorize DVD Locker, or its designated payment processor, to charge the account you specify for the purchase amount 6 days after the trial period If we, through the Payment Processor, do not receive payment from you after this date your DVD Locker account will be suspended until payment has been made, after mutliple attempts of payment appear unsuccessful your account will be closed with immediate effect, and will not be eligable for another trail. After the trial period your subscription will be a continuous payment rolling month by month until you authorise us to cancel. Please note trial is only valid from one customer per household, DVD Locker authorises the right to cancel any trial offers without prior notice to the customer.
SECTION 7 - RETURN POLICY/REFUNDS
We do not accept returns or exchanges unless the item you purchased is proven to be defective, which must be proven by the customer. If you receive a defective item, please contact us at email@example.com with details of the product and the defect, photos, and any other necessary information and we will make best efforts to determine a workable solution. Upon receipt of the returned product, if necessary, we will fully examine it and notify you via e-mail, within a reasonable period of time, whether you are entitled to a refund or a replacement as a result of the defect. If you are entitled to a replacement or refund, we will replace the product or refund the purchase price, using the original method of payment. Refunds do not include any shipping and handling charges shown on the packaging slip or invoice. Shipping charges for all returns must be prepaid and insured by you. You are responsible for any loss or damage to items during shipment. We do not guarantee that we will receive your returned item. Shipping and handling charges are not refundable. Any amounts refunded will not include the cost of shipping. If you are a DVD Locker subscriber, you have a chance to swap your movies before they are dispatched to you. Once dispatched, no returns can be made. Late or missing refunds (if applicable) If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at firstname.lastname@example.org. For all returns, an RDC (Return DVD Code) number must be approved and issued by a DVD Locker representative before your order can be returned. Depending on where you live, the time it may take for your return to reach us, or your exchanged product to reach you, may vary. New accounts will have discs dispatched 3 days after the user registration and then the same day of each month. For example, you sign up on the 17th July and your first discs will be dispatched on the 20th July and then the 20th of each month thereafter. If you do not pick any discs or boxes in before the dispatch date, the disc allowance for that month forfeited and will not roll over. Users have up to 72 hours to pick movies after first starting their plan. After this, no refunds will be offered.
SECTION 8 - GIFT VOUCHERS TERMS AND USAGE
The use of gift vouchers fall under the following terms and
conditions: In order to use a Gift Certificate, you will need to
register an account with us through our Website. Gift
Certificates ordered through our Website will be delivered by
email or post and you will select this once you have purchased
the voucher. If you specify email, the voucher will be sent to
the email address you specify at the time of after you order. If
you specify post, the voucher will be sent to the address you
specify at the time of after you order. Our Gift Certificates
include unique numbers. Our Gift Certificates must be redeemed
on our Website, as full or part payment of products from our
Website. A Gift Certificate cannot be used to purchase a
further Gift Certificate. When ordering a Gift Certificate, you
should ensure to enter the recipient’s email address correctly.
We cannot be held responsible if the address is entered
incorrectly and someone other than the intended recipient uses
the Gift Certificate. Site offers and promotions (including
gifts with purchase and discounts) do not apply when purchasing
gift vouchers. You can check the balance of the Gift Certificate
by contacting customer service. All Gift Certificates are dated
and expire 2 years from the date of issue. Gift Certificates
cannot be exchanged for cash. Gift Certificates may only be
redeemed against products purchased in the same currency as the
Gift Certificate. Where Products purchased online with a Gift
Certificate are returned, monies owing will be refunded by a
Gift Certificate. We are not responsible if a Gift Certificate
is lost, stolen, destroyed or used without permission and no
replacement will be provided in these circumstances.
SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
SECTION 10 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 11 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 13 - PERSONAL INFORMATION
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall DVD Locker, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless DVD Locker and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - REFUNDS AND RETURNS
SECTION 22 - ELIGIBILITY TO PURCHASE
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website you must: be an individual, be 18 years of age or over; and register your real name, address, phone number, e-mail address any other details requested. By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
SECTION 23 - CHARGEBACKS
We reserve the right to cancel any subscription, if you breach any of the rules regarding our chargeback policy, You the customer cannot have any chargebacks made to us, if this rule is breached we may close down your subscription with immediate notice. We ask that you would contact us in the first instance at email@example.com and we will issue a refund if and when required.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at firstname.lastname@example.org