Terms and Conditions:

Terms & Conditions

1. You are responsible for use of the credit card and the return of rented products. All rentals must be returned to the kiosk by 9pm, following the day of rental, or before the shop the kiosk is in closes - whichever is earliest.
1.1 You are obligated to pay rental fees and any other fees extended to any products rented (whether authorised or not) by any person who uses your credit/debit card, membership card and/or password agreed with Flixbox. By swiping your card you accept that your card will be pre-authed the full amount for the first nights rental, regardless if a coupon is used.
1.2 You will return all rented products to a suitable Flixbox kiosk location, in the same good condition as they were provided.
1.3 All DVDs shall be deemed to have been received by you in good order and repair.
1.4 It is accepted that Flixbox has secure and accurate procedures for recording all returned products and the time of their return. If Flixbox records do not show that a product has been duly returned, then the onus is on you to prove when it was returned, and that it was returned in good condition. If this cannot been shown then you must pay the fees and compensation set out below.

2. What happens if you do not return a DVD rented by you?
2.1 Flixbox may treat a rented product as lost or stolen if the rented product has not been returned within 10 days of rental and may charge you the Replacement Cost of the rented product.
2.2 The Replacement Cost for a standard DVD and for a Blu-Ray disc will be $40
2.3 The Replacement Cost will be charged against the credit card/debit card used to rent the DVD, or may be withheld from any prepaid rental credits.
2.4 You irrevocably authorise Flixbox to charge the credit card/debit card used to rent the DVD to recover the amount of fees or compensation payable by you under these Terms & Conditions, without prior notice.

3. Default Action
3.1 You acknowledge that if any fees or compensation remain outstanding for any reason, Flixbox may, without prior notice:
3.1.1 report that fact to the Credit Reference Association of New Zealand or other default registry; and
3.1.2 take such recovery or legal action, civil or criminal, as Flixbox sees fit to obtain payment. The customer shall pay Flixbox for all costs actually incurred by Flixbox in the recovery of any monies owed by the customer to Flixbox under this agreement including recovery agents costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.
3.2 You understand that if Flixbox makes an adverse report to the Credit Reference of Australia you may not be able to obtain finance and credit until you have paid all that is due.

4. Privacy
4.1 By becoming a Flixbox member, you agree and acknowledge that Flixbox and any of its related entities may exchange personal information about you including information you provide and information about your movie borrowing and purchase habits and patterns.
4.2 You give express consent for Flixbox to obtain or provide credit information about you to or from a credit reporting agency which may be used for the purposes of assessing your credit worthiness.

5. Other terms
5.1 A customer who rents any Product from Flixbox must be legally entitled to do so in every respect. By entering into any transaction to rent a product from us, you warrant that you are legally entitled to do so in every respect.
5.2 A Customer shall not authorise or allow the viewing of any rented product by minors when products 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 Flixbox harmless in respect of any claim of whatsoever nature that may be made against Flixbox arising out of the hire and/or viewing by minors of products that are prohibited by law.
5.3 The customer hereby indemnifies and holds Flixbox harmless in respect of any and all claims of whatsoever nature that may arise against Flixbox as a result of the use by the customer of a Flixbox 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 Flixbox harmless in respect of all claim/s arising from any loss and/or damage to any of the Product and/or the Flixbox kiosk.
5.4 You acknowledge that all rented products remain the property of Flixbox.
5.5 You agree that Flixbox is not responsible for any loss or damage or injury suffered by any person or property in any manner whatsoever arising from the service or use of any products rented.
5.6 You will not copy or alter any rented product in any way.
5.7 All products will only be rented for personal use and not for reward. You will not pass on any product to other persons for their use and you will not use the product in public displays.
5.8 You must provide an e-mail address in order to be eligible to hire a DVD. You authorise us to use your e-mail address to provide an electronic copy of your receipt as well as other communications related to your transaction. Further, you authorise us to use your e-mail address to advise you of promotions, surveys and 3rd party offers.
5.9 Flixbox may vary the terms of this agreement at any time and posting on www.flixbox.co.nz will be deemed sufficient notice.
5.10 This agreement will apply to all products rented from Flixbox, even if the location of the store/dispenser is moved, if it is combined with another store/dispenser or if its name or ownership changes.
5.11 You will notify Flixbox contact telephone numbers or credit card details.
5.12 The jurisdiction for all matters relating to this membership application form is NZ.