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Terms and Conditions

 
Acceptance of Terms & Conditions

These "Terms & Conditions" govern your use of the Ebox Service either through Website or any Ebox kiosk, hereinafter referred to as "Service". The Service is owned and operated by trademark of Ebox Automated Retail Services Private Limited. (Hereinafter referred to as "Ebox") and is offered to you (hereinafter referred to as "Member") as per your agreement with and acceptance of this document. By signing on the Membership Form and/or by clicking the Ebox website entitled "I Have Read and Accepted the Terms & Conditions" as part of the registration process, Members accept all items in the Terms & Conditions and agree to abide by and be legally bound by the Terms & Conditions. By browsing, visiting and using the Ebox website & using Ebox Services, you accept and agree to abide by these Terms & Conditions. If you do not agree to these Terms & Conditions, you should not use the Ebox Website/Service. These Terms & Conditions are an ongoing contract between you and Ebox and apply to your use of the Ebox Service and Website. These Terms & Conditions affect your rights and hence, please read them careful.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ebox or its content suppliers and protected by Indian and international copyright laws. The compilation of all content on this site is the exclusive property of Ebox and protected by Indian and international copyright laws. All software used on this site is the property of Ebox or its software suppliers and protected by Indian and international copyright laws.

ELIGIBILITY
  • Any person who is 18 years or above with a valid local residence address and a contact phone number can become a member of the Ebox kiosk network.
  • Membership is granted for personal use and cannot be transferred without a written consent from Ebox.
  • The acceptance or rejection of membership is at the sole discretion of Ebox
  • No members is allowed to re-rent or lend the rented disc to a different person.
DISC RENTAL FEE, RENTAL PERIOD and RETURN TIME
  • The initial rental period (IRP) for any disc is the duration between the time the disc is rented and the following day 8 PM local time (Disc Return Time – DRT). A one night rental fee is charged at the time of disc rental (including online reservation) for this duration. The member can choose to keep the disc for additional night(s) for a maximum of 5 nights. Extra rental night fees will be charged to the membership account once the disc is returned.
  • The Rental fee varies on the type of disc and is clearly mentioned at the time of rental at the kiosk or online reservation. The following is the current rental fees and is subject to change at the discretion of Ebox.
  • DVD Movies – Rs 39 to Rs 49 per night
  • Blu-ray DVD Movies – Rs 79 to Rs 99 per night
  • Console Games – Rs 99 to Rs 129 per night
  • The disc should be returned by 8 PM the following day of the rental day to avoid any additional fees.
UNRETURNED DISCS and MEMBERSHIP SUSPENSION
  • Ebox member can keep any disc for a maximum of 5 days. If this period exceeds, the membership account is suspended for 48 hours or until the disc is returned, whichever comes first. After this period the membership account is suspended and the security deposit is forfeited.

  • If the disc is not returned, the member should also pay the extra amount for the unreturned discs in addition to forfeiting the security deposit as per fees set below:

    • DVD Movie – Rs 500

    • Blu-ray DVD Movie – Rs 1000

    • Console Games – Rs 3000

  • The membership account can be reactivated at the sole discretion of Ebox after paying the required fees.

RENTAL ELIGIBILITY
  • An Ebox member is only eligible to rent discs based on the rental plan he/she has signed up for.

DEFECTIVE, DAMAGE OR LOSS LIABILITY
  • All our Discs are original copies and they should play without any issues in any DVD players and/or gaming consoles. Some DVDs might not be compatible with certain DVD players due to region code issues. In a rare case of disc not playable, please contact our Customer Service department promptly within 30 minutes of rental time to report the defective or damaged disc. If we find that the Product was defective or damaged and not due to your fault, we will give you the promotional code for one more replacement rentals, at our discretion. Customer should return the faulty disc immediately to the nearest kiosk. The company decision is final to determine whether the disc is faulty and not due to the customer handling.

  • Each customer is solely responsible to maintain the disc and return it in good condition. In case of any damaged or lost disc, the amount for the value of the disc is claimed from the security deposit and the customer membership plan is downgraded if sufficient funds are available for the next lower plan or suspended until the required security deposit is refilled. The customer agrees to this liability clause by agreeing to the terms and conditions for each disc rented. The company decision is final to determine whether the disc is damaged or defective and not due to the customer handling.

  • You are responsible for any loss of or damage to any Product rented by you from the time that the Product is dispensed until it is returned to thisEBOX Kiosk network and we may charge the membership account up to the Maximum Charge (less the Initial Rental Period Fee), plus tax, for any Product that is lost or damaged before it is returned to a participating Ebox Kiosk.

PRIVACY

When you use this Ebox Kiosk, we will collect and gather certain information, including information by which you may be identified ('Personal Information'). Your Personal Information may include your Membership card and billing information, and such other information that you provide to us. We (and service providers assisting us) will hold and use this information for the purpose of administering the Ebox Kiosks, renting the Products to you, charging (and refunding) your Membership card for your rental or purchase, responding to your requests and communicating with you about your use of our products and services, securing payment, operating and improving the Ebox Kiosks and our related business, enforcing our rights under this Rental Agreement, aggregating your information with that of others, complying with the law and legal obligations, cooperating with law enforcement investigations or investigations with respect to public safety, and protecting the safety and security of the Ebox Kiosks, systems, the Products and our customers. If you provide to us an email address, we may also use it to send you information about offers, discounts and specials in which we think you might be interested (until you opt out of receipt of such emails). You have the right to access and request the correction of any Personal Information we hold about you and you may do so by contacting our Customer Service department. You may also opt out of receiving any promotional emails from us by contacting our Customer Service department and providing them with sufficient information to carry out your opt out request. We may share your information, including your Personal Information, with our service providers for the sole purpose of assisting us in carrying out the for Ebox services and tasks. We do not share your Personal Information with third parties to permit them to market directly to you. In the event of an assignment, sale, merger or other event pursuant to which ownership of Ebox Kiosk portion of our business changes, we may share and transfer your information to such successor or assignee or new owner, who will have the right to use and disclose your information as we did, including subject to the same restrictions that are imposed on us. We may change our privacy provisions, but unless you agree otherwise, the new provisions will only apply to information you provide after the effective date of the new provisions. The provisions of this paragraph detailing what information we collect and how we use and disclose it only governs information we gather from you through your use of the Kiosk and it does not apply to information we may gather from other sources, such as through our website, in person, through telephone calls, through emails or the mail or otherwise.

LIMITED PERMITTED USE OF PRODUCTS

By renting or purchasing a Product, you are securing a limited, terminable, non- exclusive license to view the Product in your home. All rights in the Product content are reserved by the Product content owners. You agree with respect to any Product that you rent or purchase from this Ebox Kiosk:

(A) To use the Product for home viewing purposes only;

(B) To comply with any additional limitations specified on or in the Product;

(C) Not to infringe any intellectual property rights in the Product, including, without limitation, by copying, republishing, broadcasting, transmitting, distributing, storing (including, without limitation, in electronic form) or modifying any part of the Product, whether in text, graphical, audio, video, or executable form; and

(D) Not to allow any Product that has been given a restricted ('R', 'NC17, or unrated) classification by the Motion Picture Association of India to be viewed by a person or persons below the age specified in the classification without the approval and accompaniment of their parent or guardian.

Restricting your use. We reserve the right to terminate and/or restrict your access and use of our Ebox Kiosks at any time, with or without cause. Your obligations under this Rental Agreement shall remain unaffected with respect to any prior use you have made of our Ebox Kiosks or the Products.

YOUR INDEMNITY

You hereby agree to indemnify and hold harmless the Owner of the Kiosk and its Affiliates and each of their respective officers, directors, agents, employees, contractors, consultants, successors and assigns (the 'Indemnified Parties') from any loss, costs, expenses, demands or liabilities, whether direct or indirect, incurred by any of the Indemnified Parties and arising out of any breach by you of this Rental Agreement or otherwise relating to your use or misuse of the Ebox Kiosk or your rental, purchase, use or misuse of any Product(s), including, without limitation, any loss or damage to any Product or Ebox Kiosk. We shall have the right to defend and settle any claim against any of the Indemnified Parties with counsel of our own selection. You agree to cooperate as fully as reasonably possible in the defense thereof. For purposes of this Rental Agreement, our 'Affiliate' is any company that controls, is controlled by, or under common control with, us.

DISCLAIMER AND LIMITATION OF LIABILITY

the EBOX Kiosks, the products, and our goods and services, are provided and made available 'as is', 'with all faults', and on an 'as available' basis. To the fullest extent permitted by law, all warranties, with respect to the EBOX Kiosks, the products and our goods and services, including, without limitation, all implied warranties, warranties of merchantability, fitness for a particular purpose, title and non infringement, are all hereby expressly disclaimed.

To the fullest extent permitted by law, neither we, our affiliates nor any of our or our affiliates' respective officers, directors, agents, employees, contractors, consultants, successors or assigns, shall have any liability to you for your use of the Ebox kiosks, the products, our goods or services, whether arising under contract, tort, equity, breach of statutory duty, or otherwise, including due to our or their negligence. We do not warrant and do hereby expressly disclaim any warranty or commitment regarding the content of the products, or that the EBOX Kiosks will be readily available and operative, will not be delayed or their use interrupted, or that the products or particular products will be available or properly labeled or free of defects or errors, or that the products will not harm your viewing systems.

Neither we, our affiliates, nor any of our or our affiliates' officers, directors, agents, employees, contractors, consultants, successors or assigns, shall be liable for any indirect, incidental, punitive, special, or consequential damages, or lost profits, arising out of your use of the kiosks, the products, or our goods or services, even if we or they have been advised as to the possibility thereof. In connection with any claim from you or on your behalf, the maximum liability of, its affiliates and their respective officers, directors, agents, employees, contractors, consultants, successors and assigns, is the amount of your initial rental fee for the product giving rise to the claim.

Some jurisdictions do not permit the exclusion or limitation of liability, including for negligence, and in such jurisdictions the above disclaimers may not apply to you.

GOVERNING LAW AND VENUE

This Rental Agreement will be governed by the laws of the State or Disctrict in which the kiosk is located without application of its conflicts of laws principles and, where applicable, the laws of the India. In the event of any dispute between you or any of the Indemnified Parties arising out of this Rental Agreement or the Products, you and we hereby agree that such dispute shall be brought only in the local courts, having jurisdiction thereof, and you and we hereby consent to the jurisdiction of such courts and hereby waive any objection to such jurisdiction based on inconvenient forum or lack of personal jurisdiction.

Ownership. All rights in the EBOX Kiosks and the Products are owned by us or our licensors or suppliers or their suppliers.

Interest and Collection Costs. You agree to pay any reasonable collection fees and costs we incur in collecting payment due from you, and you agree that we may charge interest on amounts that are unpaid at the highest rate permitted by applicable law from the date the amount to be paid was first due.

GENERAL

(A) We may assign our rights under this Rental Agreement at any time.

(B) Our failure to enforce the provisions of this Rental Agreement will not constitute a waiver of any of our rights under this Rental Agreement.

(C) This Rental Agreement is the entire agreement between us governing your use of the EBOX Kiosks and supersedes any prior agreement between us regarding your use of the EBOX Kiosks.

(D) If any provision of this Rental Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Rental Agreement shall remain in effect.

DVD Kiosk Closures. We reserve the right at any time to cease to provide one or a number or all EBOX Kiosks. If a particularEBOX Kiosk from which you obtained a Product has been removed or deactivated before you had an opportunity to return it, you may call our Customer Service department and that office will instruct you as to alternative methods of return.

Modifying this Agreement. We may modify this Rental Agreement at any time without notice to you, and such modification shall be applicable to any use made of the EBOX Kiosk on which such modified Rental Agreement appears. Therefore you should check this Rental Agreement carefully each time you use our Ebox Kiosks to be sure you are comfortable with its then-current version. Note that the date the Rental Agreement was last updated/effective will appear at the end of the Rental Agreement.

Customer Service and Contact Information. If you encounter any difficulties using this Ebox Kiosk or have any questions about use of this Ebox Kiosks, please call Customer Service department. In addition, you may write to us at our email address. Effective Date of this Rental Agreement begins on the first day of installation of this kiosk

CONTACT INFORMATION

If you should have any questions or comments, please contact our Customer care service phone number: 040-65647494 and: email us: - support@ebox.co.in