Terms & Conditions

PROMOTIONAL TERMS AND CONDITIONS

Promotional Code Terms & Conditions

HOYTS Kiosk Black Card Terms of Use 

 

GENERAL TERMS AND CONDITIONS

HOYTS Kiosk Pty Ltd

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 movie:

- You agree to be bound by these Terms; and

- 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 movie only as permitted and for personal use; and

- You agree that all rentals must be returned before 9pm at the end of the rental period or additional rental day charge(s) will apply; and

- You agree that you will check the store or shopping centres open hours to avoid restricted access to the kiosk before 9pm; and

- You are permitted to rent the movie for as many nights as you like, provided you pay the applicable initial hire rate for the movie and any additional rental days beyond the initial rental period. Initial rental day is charged at $3.99 per night – before 9pm; and

- If after 10 days, you don't return the movie, it is yours to keep and you will be charged $49.90, which includes late fees and an additional $10.00 for the movie; and

If a movie or case is damaged, lost or stolen by you, a $10.00 fee to replace or repair the movie of case may be charged to the credit card or debit card used to rent the movie in addition to any additional rental days charges.

If you have a problem with any movie rented or purchased, please visit hoyts.com.au or call 1300 656 893 and we will investigate the problem. Please note that you will be required to return any damaged or problem movie to the machine where you rented it from.

 

Full Terms and Conditions

We are HOYTS Kiosk Pty Ltd (formally Oovie Pty Ltd), ABN 16 113 727 450, of Level 50, World Square, 680 George Street Sydney NSW 2000, Australia, and are referred to below as "HOYTS Kiosk" or "us" or "our".

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

The "Product" or its plural shall mean either pre-recorded movies (Digital Video Discs or Blu-Ray), TV Shows, games in movie format and/or CD's and/or similar products as may be added to our range of products from time to time and its casing.

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 kiosk 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 is 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 successfully returned to a HOYTS Kiosk Machine and a Return Receipt has been issued to your email.

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 is hired or sold from HOYTS Kiosk strictly for his/her 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 HOYTS for any loss or damage to the Product from the time that the Product is delivered to the Customer until the Product is returned to any HOYTS Kiosk machine in good condition as specified in point 3.

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 HOYTS Kiosk 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 may be returned to any HOYTS Kiosk machine in Australia and it must be returned in the original case that it was dispensed in.

8. Returns must be made by following the procedures required by 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 movie within 10 days from the beginning of the Initial Hire Period, HOYTS Kiosk shall be entitled to debit the Customer's credit or debit card with the daily hire fee of $3.99 for each additional day the product is kept. This charge shall hereinafter be referred to as the "Extra Day Rental".

10. All rentals must be returned before 9pm at the end of the rental period or extra day rental charge(s) will apply. Customers are responsible for checking the store or shopping centre's open hours where the HOYTS Kiosk is located, to avoid restricted access to the kiosk before 9pm.

11. In the event that the Customer fails to return the Product within 10 (ten) days of the movies Initial Hire Period, HOYTS Kiosk shall be entitled to debit the Customer's credit or debit card with a "Max Day Rental" charge of that movie. The Max Day Rental charge of movies rented but not returned within this 10 day period shall be $49.90 per Product, regardless of the daily hire fee applicable to that Product and the Product will become the legal property of the Customer and theirs to keep.

12. The Customer shall remain strictly liable for the fulfilment 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 or debit card, notwithstanding that such cards may have been used by a person other than the Customer themselves.

13. Any information processed or created or obtained by HOYTS Kiosk from any equipment operated by HOYTS Kiosk, including the HOYTS Kiosk 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.

14. The Customer shall not authorize or allow the viewing of any Product by minors when the Product is specifically prohibited from viewing by minors. Accordingly, in the event that the Customer allows a minor to make use of their credit card or debit 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 HOYTS Kiosk harmless in respect of any claim of whatsoever nature that may be made against HOYTS Kiosk arising out of the hire and/or viewing by minors of Product that are prohibited by law.

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

16. The Customer is responsible for providing correct details at time of initial hire or purchase, including email address. HYOTS will send receipt details and reminder notices to the email address provided. HYOTS is not responsible for any failure by the Customer to receive these email notifications, including without limitation, as a result of technical difficulties, the Customer providing an incorrect email address, or failing to provide updated email address details.

17. We may assign our rights under this agreement.

18. 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.

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