TERMS OF TRADE
1. DEFINITIONS
“Video Library” means the stock available for hire at Videohub.
“Video Library member” means the applicant for membership of the Video Library as shown on the front of this form once membership has been approved.
“Membership card” means the card issued by the Video Library to the Video Library member for the purpose of hiring goods from the Video Library.
“Hired goods” means the tapes (which includes video tapes, compact discs, or DVD’s, or games) and equipment (which includes video players, equipment that plays videodiscs, compact discs, or DVD’s, or games) hired using the Video Library member’s membership card.
2. VIDEO LIBRARY MEMBER RESPONSIBILITIES.
2.1 To comply with these rental terms and conditions, which may vary from time to time.
2.2 That rented products remain the property of Videohub”.
2.3 AGE - A Video Library member must be 18 years of age or older. If a member is found to be under 18 membership wilt be terminated immediately.
2.4 PAYMENT OF CHARGES - The hire charges for hired goods shall be paid by the Video Library member at the time of hiring.
2.5 CARE AND CONTROL OF THE HIRED GOODS - The Video Library member is responsible for care, control and correct use of the hired goods until the hired goods are returned to the Video Library. The Video Library member shall not copy or alter the hired goods. When any Video Library hired goods are faulty, the Video Library member must notify the Video Library of the fault on or before return.
2.6 PAYMENT AND LIABILITY FOR CHARGES - The Video Library member is liable for all charges incurred by the use of the membership card including extended viewing and costs for lost or damaged hired goods, where such damage is by the actions of the Video Library member or the Video Library member’s equipment.
2.7 LIABILITY FOR LATE RETURN - extended viewing is due from the expiration of the hire period and is payable on demand.
Where a Video Library member has not returned the hired goods within 5 days from the expiration of the hire period and the Video Library has attempted to contact the Video Library member by telephone and has given notice to the Video Library member by posting notice to the last advised address of the Video Library member, the hired goods are deemed to be converted by the Video Library member. Conversion is a form of theft and is a criminal offence.
On deemed conversion, the Video Library is entitled to take steps to recover the hired goods. All the Video Library’s reasonable costs, legal fees (on a party/party basis) as billed to the Video Library not as awarded by the courts, and expenses, shall be charged to the Video Library member. Where the hired goods or equipment are not returned or recovered within 14 days of the expiration of the hire period, the Video Dealer shall be entitled to replace the hired goods and the Video Library member shall thereafter be liable to pay the cost of replacement of the hired goods which shall be debited to the Video Library member’s account. The Video Library may, at its election, either refuse to accept the return of the hired goods or if it does accept return allow only a reasonable credit to the Video Library member for the second hand value of the goods against the debit made to the Video Library member’s account for the replacement cost. To hereby irrevocably and unconditionally authorise Videohub to debit the above credit card with any amounts owing from time to time on products rented on my membership number, including extended viewing fees and damages owing to Videohub, by completing and dating credit card slips.
2.8 USE OF HIRED GOODS - Where any hired goods are or are suspected to be damaged, faulty or there is a technical difficulty with the use of the hired goods, the Video Library member has a duty to mitigate possible damage to the other hired goods or the Video Library member’s own goods or equipment by immediately ceasing use and returning the hired goods.
A refund will be given by the Video Library where the hired goods were found to be faulty before the member hired them and such a fault is found in the hirer’s presence when tested on Video Library equipment.
3. THE MEMBERSHIP CARD AND MEMBERSHIP
3.1 OWNERSHIP OF THE MEMBERSHIP CARD – The membership card is the sole and exclusive property of the Video Library. Where the membership card is lost or stolen the Video Library member must notify the Video Library immediately .Any failure to so by the member, may result in liability of any unpaid library fees relating to that card.
3.2 CHANGE OF ADDRESS - The Video Library member must notify the Video Library of any change of address or telephone listed in their application form.
4. PURPOSE OF COLLECTING INFORMATION
4.1 MEMBER INFORMATION - Information from the application form is used to keep track of the hired goods and to recover debts that may be owed by the Video Library member.
4.2 INTENDED RECIPIENT OF INFORMATION - The information collected is for use solely by the Video Library or any agent appointed by the Video Library for the purpose of fulfilling clause 4.1 above. The information collected will be passed to our appointed agents for the purpose of evaluating credit-worthiness and also with relevant hiring details for the purpose of recovering outstanding goods or fees.
5. CONSEQUENCES OF THE VIDEO LIBRARY MEMBER NOT PROVIDING ACCURATELY THE INFORMATION REQUIRED BY THE VIDEO LIBRARY
If the applicant fails to supply or incorrectly supplies the information requested then the Video Library reserves the right to refuse or cancel membership.
6. RIGHTS OF ACCESS TO AND CORRECTION OF MEMBER’S PERSONAL INFORMATION - The Video Library member has the right upon request to access to information stored on that member by the Video Library and to correct such information if necessary.
7. HIRE PERIOD - The hire period is as published by the Video Library.
8. TERMINATION OF MEMBERSHIP - The Video Library reserves the right to terminate or suspend a Video Library member’s membership without notice and without giving any reasons for it’s decision. Upon termination of membership, the membership card must be returned to the Video Library.
9. HIRED GOODS FOR PRIVATE USE ONLY - The Video Library member may not publicly play or show the hired goods for public use and shall abide by all the terms and conditions of the license applying to the hired goods.
10. NO RESPONSIBILITY FOR THE CONTENT OF THE HIRED GOODS - The Video Library member has an obligation to observe the classification and ratings as applied by the government censor. The Video Library shall not be liable for any emotional distress or discomfort caused by the content of any of the hired goods in the Video Library.
11 WARRANTIES - Certain laws imply terms, conditions and warranties (‘prescribed terms’) into contracts for the supply of goods and prohibit the exclusion or restriction of those prescribed terms. Except as provided by those prescribed terms, Videohub gives no warranties in relation to its goods and services, including warranties as to condition, suitability, quality, fitness or safety of goods.
12. PRIVACY AND DATA PROTECTION STATEMENT - The Video Library shall abide by the Privacy Act 1993, and shall take all practical steps to achieve privacy protection for the Video Library member. This declaration relates to the information I have given on this form and to any subsequent information I may give to Videohub. I understand that this information may be held on computer and remain so for up to 1 year after my account has been closed. I agree that because I am a Videohub customer, the personal data which I give to Videohub will be controlled and processed electronically by Videohub and may be used for statistical marketing and account maintenance purposes. I confirm that I accept the transmission of my data to Videohub for these purposes. I understand that I have the right to access to and to ask for correction of any personal information about me held by Videohub and to-allow Videohub to furnish to its agents details of the application for the purpose of evaluating credit worthiness and relevant hiring details for the purpose of recovering outstanding goods or fees.