Hoad Films Terms of Use Agreement
Acceptance of Terms & Conditions
These Terms & Conditions govern your use of the Hoad Films Web site. By using the Hoad Films Web site, you accept and agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, you should not use the Hoad Films Web site.
Promotional Offers
From time to time Hoad Films may run special promotional offers. Promotional offers are only available to new subscribers of Hoad Films by entering a valid promotional code.
Previous subscribers do not qualify for these offers. Only one promotional offer may be redeemed per household and may not be combined with any other offer. You must have internet access and a valid credit/debit card to redeem a promotional offer. People who break these rules will be charged the normal monthly subscription fee without notice, no refund will be given.
Billing
As a subscriber to Hoad Films, you agree that we are permitted to charge your credit/debit card a monthly subscription fee and any other charges you may incur in connection with your use of Hoad Films. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter. We will automatically charge your credit/debit card each month on or after the calendar day corresponding to the commencement of your membership (or after you have returned the maximum number of DVDs your package permits each month, which ever comes first). All fees and charges are non-refundable. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different credit/debit card or if there is a change in your card validity or expiry date, you may edit your credit/debit card information by clicking on the "My Account" button, available at the top of most pages of the Hoad Films Web site. If you have not cancelled your subscription and your credit/debit card expires we reserve the right to automatically change the expiration date on your credit card.
Automatic Renewals
Your Hoad Films subscription will be automatically renewed each month. For your convenience, we will charge the regular subscription fee to the credit/debit card you provide to us during registration (or to a different card if you change your account information). Your membership will automatically renew for successive periods' subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership 3 working days before it renews in order to avoid billing of subscription fees to your credit/debit card.
Expired or Invalid Credit/Debit Cards
The terms we agree with you are dependent on a valid credit/debit card being available for charging each month. Should your card expire, or reach its credit limit, we send you a reminder to that effect.
If you do not update your card details and continue to keep your rented disks you will be charged £20 for each disk not returned,this is to allow us to continue to provide a high level of service to other members.
If you have any difficulties with your credit limit, then we advise you to freeze your account (DVDs must be returned before freezing takes effect) and unfreeze when funds become available.
In all circumstances you must return DVDs to us when you are failing to make payment, to avoid unnecessary charges and potential legal action.
Fraud Prevention
Hoad Films use a state of the art anti-fraud card processing system that verifies the information given at the registration stage against information stored on the card used, this is to protect us against any losses and also protects any victims of card theft.
In the event of any fraudulant activity, Hoad Films will forward any relevant information on to the police.
Delivery and Return of DVDs
Only valid UK addresses are accepted, PO Box numbers do not qualify to use our service. we currently use the Royal Mail, first-class postage prepaid, to deliver and return the DVDs you have selected to view. Actual delivery times may vary for you depending on (i) our stock availability, (ii) your delivery address, (iii) when you make your selection and (iv) circumstances impacting delivery by the Royal Mail. Any delays in the Royal Mail delivery times are out of the control of Hoad Films. Hoad Films, therefore, is not responsible for Royal Mail postal delays or misdirected mail. It is your responsibility to ensure that your address has been entered correctly, including your postcode. If you change address, you must update your address details in" My Account" to ensure that no DVDs are sent out to the wrong address. Please ensure this is done before you move as you will be liable for any DVDs posted to the wrong address. You may wish to use our Freeze facility during your move.
You agree to treat the DVDs and their associated packaging with the utmost care at all times. You agree that you may need to compensate Hoad Films for any DVD lost or returned in an unacceptable condition (beyond reasonable wear and tear) - and that you allow Hoad Films to charge such compensation to your credit/debit card. We will notify you of any such charges. Should a member withhold payment and fail to return DVDs when requested, then Hoad Films will pursue the member for the cost of these DVDs and all associated legal and recovery expenses.
If you loose the freepost return envelope provided by us, you must return the DVD in a suitable stamped envelope making sure it is protected againts bending or any other damage to the address below:
Hoad Films, PO Box 486,
WIGAN. WN3 5WL Contact us at: admin@hoadfilms.co.uk
In the event of the DVD's being damaged due to improper packaging you agree that Hoad Films may charge up to the value of £20 for each DVD, to cover the cost of a replacement.
Cancellation
As noted above, you may cancel your subscription to Hoad Films at anytime. It is essential to cancel your membership no later than 3 working days before your next payment date, so that you are not charged for a month's membership, and before returning your last DVD so that we do not send another.
Cancellation must be done via the web site to ensure that your payments are ceased in the proper manner. Please note the onus is on you to cancel. You cannot cancel over the telephone.
To cancel, click the "My Account" tab and follow the instructions under the heading "Cancel My Membership." We do not provide refunds or credits for any partial monthly subscription periods. Upon cancellation, you must return any outstanding DVDs to Hoad Films within 3 days to avoid any additional charges to your card.
Cooling off Period
New subscribers to Hoad Films that have changed their mind about subscribing have the option to cancel their subscription within 7 days and receive a full refund without penalty (under the consumer protection regulation act 2000) " the cooling off period " providing they meet the following criteria.
(i) there are no DVDs showing as dispatched in the " currently rented DVDs " section of their wish list.(ii) DVDs within their wish list do not show "in dispatch" as this means the automated dispatch system as allocated a DVD for posting and (iii) that there is no rental history in the lower section of the wish list, so to avoid catagories (i) (ii) and (iii) leave the wish list empty (this will prevent the automated dispatch system allocating DVDs to your account) to cancel prior to using our service you must contact our accounts dept. Contact us
Account Access
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. In order to provide you with an easy-to-use service, Hoad Films will place a 'cookie' (a small text file) on any computer you use to access the Hoad Films Web site. When you revisit the Hoad Films web site, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.
Disclaimers of Warranties and Limitations on Liability
The Hoad Films Web site and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the Hoad Films Web site or its contents. We assume no liability or responsibility for any errors or omissions in the content of the Hoad Films Web site, any failures, delays, or interruptions in the shipment of DVDs, delivery of any content contained on the Hoad Films Web site, any losses or damages arising from the use of the content provided on the Hoad Films Web site, or any conduct by users of the Hoad Films web site. We reserve the right to deliver DVDs at our sole discretion. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
In no event shall Hoad Films or its employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Intellectual Property
You may use any Hoad Films DVDs for your personal use (and that of your family and friends) only at the address shown on your account. Commercial exploitation or copying of our DVDs is not permitted. Each DVD contains a circular label stating property of Hoad Films, this label must not be removed or additional charges may incur.
Copyright
All content included on the Hoad Films Web site, including text, graphics, logos, designs, photographs, button icons & images remains the property of Hoad Films or its suppliers and is protected by United Kingdom and international copyright laws.
Commercial Exploitation
You may not sell, lease, lend, license, hire out for any reward, use in a manner inconsistent with the rights of the copyright owners or commercially exploit any of Hoad Films DVDs in any way, at any time.
Copying DVDs
You agree not to make any unauthorised copies of any Hoad Films DVDs.
Entertainment and Web Site Content
We distribute film, television, and other audio-visual entertainment. In addition, the Hoad Films Web site allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Hoad Films Web site are those of the respective authors or producers and not of Hoad Films or its employees. Under no circumstances shall Hoad Films or its employees be held liable for any loss or damage caused by your reliance on information obtained through the Hoad Films Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Hoad Films Web site.
As a subscriber you can post reviews on the Hoad Films Web site in accordance with the procedures established on the Hoad Films Web site and provided that the content is not illegal, obscene, libellous, threatening, defamatory or otherwise objectionable to us. In posting such content, you agree not to use a false e-mail address or otherwise mislead us or others regarding the origin of such content. We do not regularly review the content posted on the Hoad Films Web site; however, we reserve the right to remove or edit such content at anytime without notice.
Changes to Terms & Conditions
Hoad Films reserves the right, from time to time, with or without notice to you, to change these Terms & Conditions at its sole discretion.
Membership and Billing
You can find the specific details regarding your
subscription with Hoad Films by clicking on the "My
Account
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