Video Anytime - Terms and Conditions

The following terms and conditions are set forth by:

Anytime Interactive Pty Ltd (ACN 095 857 917)
Trading as Video Anytime
Unit 3, 455 Prinsep Road, Jandakot WA

Hereinafter called the "Company"

PRELIMINARY
The Company offering the temporary use of VHS,CD,DVD,video game products does so in accordance with current law relating to those products and that the Customer agrees to use such products exclusively for private use and will not publicly broadcast copy or duplicate products nor remove, deface, or alter any of the products or packaging.

IT IS AGREED AS FOLLOWS:

1. PRELIMINARY: The preliminary forms part of and is integral to this agreement

2. SUPPLY OF PRODUCTS: The Company will deliver the products by means of Automatic Dispensers 24 hours per day or from within the video store if applicable within the advised opening hours of that store. The products will be supplied in good physical and working condition.

3. SUPPLY OF MEMBERSHIP CARD: With the undersigning of this contract the Company will supply to the Customer a coded magnetic membership card which will contain information to identify the Customer (Buster 24h Card). This card will allow the Customer access to the Buster 24h dispensers owned by the Company as well in-store terminals where applicable. For each card, two PIN numbers are assigned for security purposes and to allow secured access to Buster 24h Dispensers. One of the numbers is reserved for minors to restrict access to adult rated titles.

4. AMOUNT DUE ON RENTAL: The Customer will from time to time charge their membership card with cash funds. This may be done at a dispenser or a site set up by the Company for such purpose. When the Customer uses their membership card, the value of goods chosen will be deducted from the card's total according to the rates specified for those goods. The credits loaded by the Customer onto their membership card must be utilised within 12 months from the date of loading of the card. If the amount of credit on the card is depleted to the point that there is insufficient amount on the card to cover a minimum rental, the Customer will be advised via the Buster 24h terminal screen. In this case, the Customer may re-charge the card with additional amounts which will be added to any balance already on the card. If any credit on the card are not utilised with a 12 month period, such credit may be forfeited by the customer and the Company will be under no obligation to refund such credit amounts.

5. USE AND OWNERSHIP OF PRODUCTS: The Customer agrees to use the goods rented exclusively for private use and will comply with all laws pertaining to such goods. The Customer agrees not to copy, sell, or combine the goods with other goods for sale. By taking delivery of the goods, the Customer only becomes custodian of such goods but will treat the goods with care and diligence and with the knowledge that ownership of the goods remains with the Company. In case of tampering or damage to the goods, the Customer will pay the value of the goods as compensation to the Company.

6. RETURNING OF GOODS: The Customer may keep the goods for a maximum period of 15 days from the date of hire and in doing so will be charged the appropriate fee for those goods according to the period held. The Customer concedes being aware that he alone is responsible for the care of the rental goods and in case the goods are held beyond the 15th day, he may be subject to prosecution under the appropriate law and all associated costs being payable by the Customer. In the case where the goods are not returned by the due date, the Company may take action to recover the goods and the Customer guarantees to pay all additional amounts outstanding on the hire of the goods as well as any costs incurred by the Company in recovering the Goods or outstanding amounts.

7. OBJECTIVE RESPONSIBILITY: In regard to paragraphs 5 and 6 of this agreement, the Customer agrees that he will ensure that use of any hired goods by third parties will be done so in accordance with this agreement.

8. INFORMATION ON RENTALS: The Customer agrees not to challenge the information relating rental transactions and accepts that the information recorded by the Buster24h computer is accurate and reliable.

9. PRODUCTS RESTRICTED FOR OVER 18 ONLY: The Customer acknowledges being aware of laws that restrict rental and showing of products to persons under the age of 18 years. The customer agrees not to make known their PIN or to give their membership card to any third party. Consequently by signing this agreement, the Customer expressly exempts the Company from any responsibility in this regard.

10. LOSS OF MEMBERSHIP CARD: The magnetic membership card (Buster 24h Card) issued to the Customer always remains the property of the Company and is supplied for the exclusive personal use of the Customer under the terms and conditions stipulated in this agreement. In the case where the card is lost and/or stolen, the Customer must advise the Company in writing within 24 hours of such loss. Until such advice is received by the Company, it will not be held responsible for the use of the card by any other persons. The Company is under no obligation to refund any portion of unused credits remaining on cards that have been lost or stolen.

11. DEFAULT: The Company reserves the right request the return of the membership card at any time and to suspend access to the Buster 24h dispenser where the Customer has violated any of the conditions set out in this agreement. In such case, the Company will refund to the Customer any credit balance remaining on the Buster 24h Card after deducting any penalties outstanding. In the event that there is insufficient credit balance on the Buster 24h Card to pay for amounts outstanding or items not returned, the Customer authorises the Company to charge such amounts owing to the Customer’s credit card nominated on this agreement.

12. DURATION OF AGREEMENT: This agreement is for an un-specified time. It will be considered terminated once the balance on the Customer's membership card becomes zero and will be automatically renewed when the Customer re-charges their card with funds according to paragraph 4 of this agreement. The Customer has the ability to terminate this agreement by advising the Company in writing. The agreement will be considered terminated after 21 days of receipt of the advice by the Company. In this case, the Customer must return the membership card and will forfeit the balance of any funds on the card.

13. PRIVACY ACT, 1988, part three, “A”: The Customer gives consent to the Company to obtain or provide credit information about the Customer to or from a credit reporting agency which may be used for the purposes of assessing the credit worthiness of the Customer. The Customer is also aware and gives consent that in the event of default, the Company may provide all available information about the Customer to a credit reporting agency and may obtain any other information about the Customer for the purpose of recovering any overdue amounts or items not returned by the due date. The Customer authorises the Company to communicate with the Customer from time to time to advise of promotions and other matters related to the Company’s products, services and other business matters.

14. RESOLUTION OF DISPUTES: Where there is any dispute between the parties in regard to any conditions to this agreement, it shall be resolved by an independent arbitrator.