Terms and Conditions
These Terms of Service are a legal agreement ("the Agreement") between you and Quick Play Rentals (“Quick Play Rentals”) stating the terms that govern your use of Quick Play Rentals (the "Service"). Please read the entire Agreement carefully. You must accept and abide by the terms of the Agreement as presented in order to use the Service. Changes, additions, deletions or counteroffers will not be accepted. If you do not agree to the terms of the Agreement, do not use the Service.
Quick Play Rentals may from time to time amend, supplement or modify the terms of the Agreement. It is your responsibility to check the Terms of Service or Agreement (available at Quick Play Rentals Kiosks and online at www.QuickPlay Rentals.com) periodically for changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. If you do not agree to be bound by the Agreement as changed or amended, you must stop using the Service.
Your use of the Service, and any purchases and/or rentals of media items, including but not limited to DVDs, Blu-ray DVDs, and video games (hereinafter “Goods”) made through or in connection with the Service are subject to the provisions of this Agreement.
2. User Account and Service Security.
Account and Password. As a user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else, and must not use, or attempt to access or use anyone else's Account. You are entirely responsible for all purchases and other activities that occur on or through your Account, and you agree to immediately notify Quick Play Rentals of any unauthorized use of your Account or any other breach of security. You, and not Quick Play Rentals, are solely responsible for any losses arising out of unauthorized use of your Account.
3. Goods Rental.
When you rent Goods through or in connection with the Service, you will be charged a Goods rental fee (“Rental Fee”) for the Rental Period (hereinafter defined). The Goods Rental Fee will appear on the Kiosk display screen, before the Kiosk prompts you to provide of swipe your payment card, and before you complete the rental transaction through the Kiosk. The Rental Period begins when you complete the rental transaction at a Kiosk (“Start”) and ends at 11pm (local time) on the date following the Start Date (“End”). If you do not return rental Goods to a Kiosk as of the end of the Rental Period, or the end of each Additional Rental Period (hereinafter defined), you agree that Quick Play Rentals may charge to you, and you agree to pay to Quick Play Rentals, the Rental Fee for each Additional Rental Period. The Rental Fee for Additional Rental Periods is posted on the “wings” of the Kiosk. Please review this information carefully before you rent any Goods through the Service. Notwithstanding anything to the contrary, Quick Play Rentals will not charge Rental Fees, and you are not required to pay to Quick Play Rentals any Rental Fees (for a single rental item), as of the beginning of the tenth consecutive Rental Period. Provided that you paid to Quick Play Rentals all Rental Fees due and owing, as of the beginning of the tenth consecutive Rental Period, you shall be deemed to have purchased the rental Good, and the rental Good shall be yours to keep.
For purposes of the Agreement, each 24 hour period following the end of a Rental Period shall be considered to be an Additional Rental Period.
In addition, and notwithstanding anything to the contrary, when you rent Goods through or in connection with the Service, you will be charged for, and agree to pay, any applicable taxes related to the rental.
You agree that you may only rent up to 5 Goods at any one time.
Rental Goods may be returned to any Quick Play Rentals. For a list of Kiosk locations please visit www.Quick PlayRentals.com
If a Good is returned damaged (as determined by Quick Play Rentals in its sole discretion), without its original box, packaging, or other product or information, Quick Play Rentals may assess to you, and you agree to pay, additional fees in an amount not to exceed the replacement value of the Good.
For unreturned goods you agree to pay the full purchase price of the goods (as determined by Quick Play Rentals in its sole discretion). Full Purchase price may be revised as determined by Quick Play Rentals in its sole discretion.
At the time of rental, Quick Play Rentals will seek an authorization from your payment card company equal to the Rental Fee (plus applicable taxes) for the Rental Period for each Good that you rent. If the authorization is received, the actual charge to your account at the time of the rental will only be for the Rental Fee (plus applicable taxes) for the initial Rental Period. Quick Play Rentals is authorized to charge your card for any additional Rental Fees, Rental Fees for or related to Additional Rental Periods, Goods replacement fees, and any other fees that you incur in connection with the Service or the Agreement. You agree to provide Quick Play Rentals with an alternate, valid payment card if any Rental Fees or other fees incurred in connection with the Service are declined for any reason. If your payment card is declined, Quick Play Rentals reserves the right to charge to you interest for overdue charges at the then-highest current rate allowable on British Columbia contracts. Finally, you agree to pay all collection fees, including but not limited to reasonable attorneys fees, incurred by Quick Play Rentals to collect amounts due and owing to Quick Play Rentals in connection with the Agreement or Service.
4. Online Reservation for Rental Goods.
You may reserve Goods for rental by utilizing Quick Play Rentals online Goods reservation system, which is available at www.QuickPlayRentals.com. If you reserve Goods for rental, Quick Play Rentals will hold the reserved item for pick up by you until 12 a.m. on the date you place the reservation. If you reserve Goods for rental, but do not retrieve reserved Goods within the aforementioned timeline or period, Quick Play Rentals will charge to you, and you agree to pay, the Goods Rental Fee for the initial Rental Period. The charge is in consideration of Quick Play Rentals holding the Good(s) for you and not releasing it for rental to another customer.
5. Goods Purchase.
You may purchase Goods through or in connection with the Service for the Goods purchase price (“Goods Purchase Price”). The Goods Purchase Price will appear on the Kiosk display screen after you select the title or Good that you wish to purchase. If you purchase Goods through or in connection with the Service you will also be charged for, and agree to pay, any applicable taxes related to the purchase.
All sales of Goods in connection with the Service are final. Quick Play Rentals does not accept returns of Goods purchased through the Service. Notwithstanding the foregoing, if Quick Play Rentals determines (at its sole discretion) that Goods purchased through the Service are defective, Quick Play Rentals may exchange the defective Goods for non-defective Goods. Customers wishing to exchange Goods purchased through the Service must contact Quick Play Rentals at 250-261-0743 within 30 days of the date of the transaction that relates to the defective Goods.
6. Electronic Communications.
When you rent or purchase Goods through the Service, you may request to receive an email receipt of your rental or purchase. By requesting an email receipt, you consent to receive electronic communications from us. These communications may include notices, disclosures, agreements, product specials, discounts and promotions. If you do not wish to receive any communications, you may elect to unsubscribe to all communications via the Website link provided in non-transactional email communications to you. If you terminate your subscription to non-transactional communications, you will no longer receive transaction receipts via email from us.
7. Security & Privacy.
8. Age Requirement for use of the Service.
The Service is available only for individuals who are eighteen (18) years of age. Quick Play Rentals is relying on your representation that you are at least 18 years of age; Quick Play Rentals would not enter this Agreement with you and would not allow you to access the Service but for your representation that you are at least 18 years of age. If you are under the age of 18, you may use the Service only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If you are a parent or legal guardian entering into this Agreement for the benefit of an individual under the age of 18, be advised that you are fully responsible for the individuals use of the Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the Service.
9. Electronic Signatures and Contracts.
Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and to pay for such purchases and/or rentals. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on this Service.
10. Intellectual Property.
Trademarks. Quick Play Rentals service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Quick Play Rentals. You are granted no right or license with respect to any of the aforesaid trademarks and/or any use of such trademarks.
Quick Play Rentals, in its sole discretion, reserves the right to modify, suspend or discontinue the Service at any time and in any way, in whole or in part, with or without notice, and with no liability to you. Quick Play Rentals further reserve the right, in its sole discretion, to terminate this Agreement with you and/or your use of the Service (or any part thereof) at any time, with our without notice, for any or no reason. In particular, if you fail, or Quick Play Rentals suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Quick Play Rentals with a valid payment card or with accurate and complete Registration Data (hereinafter defined), or failure to safeguard your Account information, Quick Play Rentals, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under or in connection with the Service; and/or (ii) preclude access to the Service (or any part thereof).
12. Survival. The provisions of Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18 and 19 will survive termination of this Agreement.
13. General Compliance with Laws.
You agree to comply with all local, provincial, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
14. No Responsibility for Third-Party Materials or Web sites.
Certain content, Goods, and services available via the Service may include materials from third parties. You acknowledge and agree that Quick Play Rentals is not responsible for examining or evaluating the content or accuracy of any such third-party material. Quick Play Rentals does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials, or for any other materials, Goods, or services of third parties.
15. Disclaimer of Warranties; Limitation of Liability.
QUICK PLAY RENTALS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OR ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME QUICK PLAY RENTALS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. QUICK PLAY RENTALS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, “WORMS”, “TROJAN HORSES”, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION OR HARMFUL COMPONENTS, AND QUICK PLAY RENTALS DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL GOODS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF WARRANTIES MAY NOT APPLY TO YOU.
BY USING THE SERVICE, YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST QUICK PLAY RENTALS IN CONNECTION WITH YOUR USE OF THE SERVICE AND THE KIOSKS. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL QUICK PLAY RENTALS, ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, OR WORK STOPPAGE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF QUICK PLAY RENTALS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL QUICK PLAY RENTALS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (1) THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE OR (2) $100.
16. Waiver and Indemnity.
By using the Service, you agree to indemnify and hold Quick Play Rentals, and its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this Agreement, and/or your use of the Service.
Quick Play Rentals reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following the posting of changes will mean that you accept and agree to the Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
18. Governing Law; Remedies.
This Agreement constitutes the final and entire agreement between you and Quick Play Rentals related to the subject matter hereof, and supersedes any prior agreements between you and Quick Play Rentals relating to the subject matter of the Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Quick Play Rental’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. Quick Play Rentals will not be responsible for failures to fulfill any obligations due to causes beyond its control.
20. Your Information.
If you have any questions or comments regarding the Service or the Kiosks, or require assistance in using the Kiosks, please contact Quick Play Rentals Customer Care at 250-261-0743.
22. English Language.
This Agreement and all related documents have been drawn up in the English language at the express wish of the parties. Le présent contrat et tous les documents reliés ont été redigés en langue anglaise à la demande expresse des parties.