Terms & Conditions of Use

Filmster

Detailed Terms and Conditions (the "Terms") can be found on this page after this summary. They apply wherever there is a contradiction between, and/or an omission from this Summary.

When you rent or buy a DVD:

You agree to be bound by the Terms.
You warrant that you are legally entitled to do so in all respects; and
You do so for the stated hire period and at the applicable rate for that period; and
You agree to use the DVD only as permitted.
You must return the DVD to the same machine from which you rented it.
You are permitted to keep the DVD for as many days as you like. If, after a 10 days, you don't return the DVD, it is yours to keep and you will be charged $39.50 and then own the DVD
If a DVD is damaged by you, a fee to replace or repair it may be charged.

If you have a problem with any DVD rented or purchased:

Please email service@filmster.com.au and we will investigate the problem.

Return the damaged or problem DVD to the machine/store where you rented it.

Full Terms and Conditions

We are Filmster, ABN 45 922 812 103 , and are referred to below as "Filmster" or "us" or "our".

You (the renter or purchaser of our products) are referred to as the "Customer" or "you".

The "Product" shall mean either pre-recorded DVD's (Digital Video Discs), games in DVD format and/or CD's and/or similar products as may be added to our range of products from time to time.

By renting or buying products from us, you agree to all of the following terms & conditions. In addition where any authorisation from you (or to you by a 3rd party) is necessary in order to give effect to any such terms, then you agree that such authorisation has been given.

Renting and/or buying our products

1. A Customer who rents or purchases any Product from our vending machines (“Machine”) must be legally entitled to do so in every respect. By entering into any transaction to rent or buy a Product from us, you warrant that you are legally entitled to do so in every respect.

2. From the time that the Product are delivered to the Customer from the Machine, the Product shall be deemed to be in the possession of the Customer. The Customer agrees not to part with possession of the Product. Delivery shall be deemed to have occurred when the customer confirms the withdrawal of the Product on the screen. The Customer undertakes to take good care of the Product and to maintain the Product in the same good working order and repair as when the Product was delivered to the Customer until such time as the Product is returned to the Machine from which it was rented.

3. The product shall be deemed to have been received by the customer in good order and repair.

4. The Customer acknowledges that the Product are hired from Filmster strictly for his private and personal use and accordingly the Customer agrees to be bound by the terms & conditions of the original copyright, and undertakes not to reproduce, sell, hire or in any other way make use of the Product for commercial gain.

5. The Customer shall be liable to Filmster for any loss or damage to the Product from the time that the Product are delivered to the Customer until same are returned to the same Filmster Machine from which it was rented, and in the good condition referred to in paragraph 3 above.

6. Unless the Customer has purchased the product, the Customer shall be entitled to retain and remain in possession of the Product for the period indicated on the Filmster Machine at the time of hire of the Product, which for the purposes hereof shall be referred to as the "Initial Hire Period".

7. The Product must be returned to the Machine at which they were delivered to the Customer in the original case that it was dispensed.

8. Returns must be made by following the procedures required of the Machine to successfully redeposit the Product into the Machine.

9. In the event that the Customer chooses to return the Product after the Initial Hire Period, but does return it within 10 days from the beginning of the Initial Hire period, Filmster shall be entitled to debit the Customer's credit card with the daily hire fee for each day the Customer keeps the product. This charge shall hereinafter be referred to as the "Extra Day Rental".

10. In the event that the Customer fails to return the Product as aforesaid within a period of 10 (ten) days from the Initial Hire date, Filmster shall be entitled to debit the Customer's credit card with the Sale Price of that DVD. The Sale Price of DVD's rented out but not returned within this 10 day period shall be $39.50 per Product. The Product will then become the legal property of the Customer.

11. The Customer shall remain strictly liable for the fulfillment of the terms and conditions set out herein in respect of all and any Product hired or purchased from us with the Customer's credit card, notwithstanding that such card may have been used by a person other than the Customer himself.

12. Any information processed or created or obtained by Filmster from any equipment operated by Filmster, including the Filmster Machine, shall be prima facie correct unless the contrary is proved by the Customer and in respect of which the onus shall rest on the Customer.

13. The Customer shall not authorise or allow the viewing of any Product by minors which Product are specifically prohibited from viewing by minors. Accordingly, in the event that the Customer allows a minor to make use of his Credit Card, the Customer shall ensure that minors may not view the Product if such viewing contravenes any Act or Regulation. In the event that the Customer fails to act strictly in accordance with the provisions of this paragraph, the Customer indemnifies and holds Filmster harmless in respect of any claim of whatsoever nature that may be made against Filmster arising out of the hire and/or viewing by minors of Product that are prohibited by law.

14. The Customer hereby indemnifies and holds Filmster harmless in respect of any and all claims of whatsoever nature that may arise against Filmster as a result of the use by the Customer of the Filmster Machine and/or the hiring by the Customer (or any person making use of the Customer's Credit card), of any Product. Furthermore the Customer indemnifies and holds Filmster harmless in respect of all claim/s arising from any loss and/or damage to any of the Product and/or the Filmster Machine.

15. We may assign our rights under this agreement.

16. This Agreement constitutes the entire Agreement between the parties. The parties agree that for any variation, amendment or waiver of any of the terms or provision of this Agreement to be of binding force and effect as between the parties hereto, such variation, alteration or a waiver shall be required to be reduced to writing and signed by the parties hereto.

17. The Customer hereby consents to the Courts of the State of New South Wales as having jurisdiction in respect of any Action arising herefrom.