Detailed Terms & Conditions
  1. The parties to this agreement shall are: Flickxpress(Proprietary) (hereinafter referred to as the “Flickxpress”) of #37761, 2nd Floor, 43rd Cross, 9th Main, 5th Block, Jayanagar, Bangalore and The person/s renting or purchasing the product/s from the Flickxpress (hereinafter referred to as the “Customer”).
  2. The “Product/s” shall mean either pre-recorded DVD’s (Digital Movies Discs) and/or any other product offered for rental and/or sale from Flickxpress Automated DVD Rental Units (“Flickxpress Automated Unit”).
  3. Flickxpress Automated Units shall mean machines owned and/or franchised by Flickxpress, from which Customers may rent and/or buy a DVD using either a Credit card and/or Flickxpress Membership Card.
  4. The Customer hereby agrees to hire from Flickxpress who agrees to rent to the Customer, from time to time, the Product/s on the terms and conditions recorded herein.
  5. Flickxpress shall deliver the Product/s to the Customer by way of automatic dispensing by means of a Flickxpress Automated Unit installed at the location from where the Product/s are collected by the Customer and which location shall be referred to as “the Premises”, during the usual hours of operation of the Premises.
  6. The Customer, upon receipt of delivery of the Product/s agrees to be bound by the terms hereof and accordingly the Customer acknowledges that he has read and understood the terms and conditions recorded herein.
  7. On entering into this Agreement, the Customer shall furnish, to Flickxpress, their details which shall constitute due authorisation by the Customer in favour of Flickxpress to debit the Customer’s account and/or credit card account with any amount due by the Customer to the Flickxpress in accordance with the terms and conditions recorded herein.
  8. On entering into this Agreement Flickxpress (or the Flickxpress’s agent) shall furnish the Customer with a magnetic numbered card and this will contain the Customer’s personal details as well as a Personal Identification Number (hereinafter referred to as the “FlickxpressCard”). The card shall be designated for use only at the Flickxpress Automated Kiosk.
  9. Together with the said Flickxpress card the Customer shall be given one personal secret number (Personal Identity Numbers [“PIN”]), which will enable the Customer or those persons, including minors, duly authorised by the Customer to have access to the Flickxpress Automated Unit. It shall be the responsibility of the Customer to ensure that the PIN assigned to him remains secret.
  10. Money paid by the Customer on his Flickxpress Card shall be allocated to the Customer’s FlickxpressCard. Thereafter, each time the Customer makes use of the FlickxpressCard for the purposes of hiring or purchasing the Product/s, the rental or the purchase price due in respect of the Product/s selected by the Customer shall be deducted from the balance standing to the credit of the Customer’s FlickxpressCard. The rental or the purchase price due in respect of any Product/s hired or purchased by the Customer shall be determined in accordance with a tariff published by the Flickxpress.
  11. Customer shall be obliged to make use of any amount paid by the Customer on his Flickxpress Card within 12 (twelve) months of the date on which such amounts are paid to the Flickxpress, failing which any balance standing to the credit of the Customer’s FlickxpressCard shall be forfeited to Flickxpress without any recourse.
  12. Products rented must be returned to the Flickxpress Automated Unit using the same membership card that was initially used to rent the product. . The procedures for returning the Product (as shown at the Flickxpress Automated Unit) must be followed. Products must be returned in the special Red plastic case in which they were received.
  13. The Customer acknowledges that the Product/s are hired from the Flickxpress strictly for his private and personal use and accordingly the Customer undertakes not to reproduce, sell, hire or in any other way make use of the Product/s for commercial gain.
  14. The Customer shall be liable to the Flickxpress for any loss and/or damage to the Product/s from the time that the Product/s are delivered to the Customer until same are returned to Flickxpress.
  15. In the event that the Customer fails to return the Product/s, Flickxpress shall be entitled to debit the Customer’s FlickxpressCard and/or forfeit the Deposit amount
  16. In case of the daily plan, In the event that the Customer fails to return the Product/s to the Flickxpress Automated Unit within a period of 10 (Ten) days, Flickxpress shall be entitled to debit the Customer’s Flickxpress Card and/or forfeit the Deposit amount with the deemed purchase. This shall amount to a purchase by the Customer of the Product/s and accordingly the Customer shall thereafter not be obliged to return the Product/s to the Flickxpress Automated Unit.
  17. The Customer shall not authorise or allow the viewing of any Product/s by minors which Product/s are specifically prohibited from viewing by minors. In the event that the Customer fails to act strictly in accordance with the provisions of this paragraph 17, the Customer indemnifies and holds Flickxpress harmless in respect of any claim of whatsoever nature that may be made against the Flickxpress arising out of the hire and/or viewing by minors of Product/s that are prohibited from viewing by minors.
  18. In the event that the Customer fails to comply with any terms and conditions contained herein, Flickxpress shall be entitled to demand that the Customer, forthwith return the Flickxpress Card to Flickxpress. Upon receipt by the Flickxpress of the Customer’s Flickxpress Card, Flickxpress shall refund to the Customer, any such amount then standing to the credit of the Customer and duly allocated to the Customer’s Flickxpress Card after deducting therefrom any amount due by the Customer to Flickxpress and arising from any cause whatsoever.
  19. This Agreement shall terminate, automatically in the event that the money paid by the Customer and allocated to the Customer’s Flickxpress Card is either utilized in full or forfeited. This Agreement shall be renewed automatically on receipt, by Flickxpress, of further payments made by the Customer to be allocated to the Customer’s Flickxpress card.
  20. The Customer hereby indemnifies and holds the Flickxpress harmless in respect of any and all claim/s of whatsoever nature that may arise against the Flickxpress as a result of the use by the Customer of the Flickxpress Automated Unit and/or the hiring by the Customer (or any person making use of the Customer’s FlickxpressCard or other card), of any Product/s. Furthermore the Customer indemnifies and holds Flickxpress harmless in respect of all claim/s arising from any loss and/or damage to any of the Product/s and/or the Flickxpress Automated Unit.
  21. Flickxpress can be contacted in writing at #37761, 2nd Floor, 43rd Cross, 9th Main, 5th Block, Jayanagar, Bangalore or by email: help@Flickxpress.com or by fax +91 80 22446992
  22. This Agreement constitutes the entire Agreement between the parties hereto who acknowledge that no other ancillary agreement exist. Furthermore, 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.
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