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Tesco DVD Rental Terms & conditions

This version last updated 5 November 2008.

We wanted to let you know of a change to the Lovefilm group, which operates Tesco DVD Rental. With effect from 1 November 2008, your contract and account information were transferred from Video Island Entertainment Limited to Lovefilm UK Limited. Lovefilm UK Limited is another member of the Lovefilm group of companies (like Video Island Entertainment Limited is). Don’t worry, everything else stays the same and you don’t have to do anything. We have made the small changes necessary to our Terms and Conditions and Privacy Policy to reflect this transfer.

  1. Agreement to Terms and Conditions

    • Acceptance of Terms and Conditions

      1. The website www.tescodvdrental.com is a trading name of LOVEFiLM UK Limited, a member of the LOVEFiLM group of companies. References to "we", "us", our" or "the website" are references to Tesco DVD Rental. We are a company registered in England and Wales (company number 6528297, VAT number 882 5966 68), and our address for correspondence is FREEPOST RRAZ-ZJJS-XESH FREEPOST RRAZ-ZJJS-XESH
        LOVEFiLM UK Limited
        Peterborough
        PE2 6UG.
      2. Your use of this website and membership of Tesco DVD Rental is at all times subject to these Terms and Conditions as applicable to your use of the website and all applicable laws. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.

    • Changes to Terms and Conditions

      1. We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the Tesco DVD Rental website after changes are made means that you agree to be bound by such changes.

    • Membership and Billing

      1. You can find the specific details regarding your subscription with Tesco DVD Rental including your next billing date, at any time by clicking on the relevant section of the website.

  2. Website Use Terms and Conditions

    1. You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
    2. You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
    3. 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, Tesco DVD Rental will place a 'cookie' (a small text file) on any computer you use to access the Tesco DVD Rental website. When you revisit the Tesco DVD Rental website, this cookie will enable us to recognise 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.
    4. Some of the content provided on this website may not be suitable for anyone under 18 years of age. Access to such content is disabled by default. We allow you to configure filtered access to such content but also advise parents or guardians to supervise their children's use of this website.

  3. Material on this Website

    • Copyright

      1. All materials (including software and content whether downloaded or not) contained on this website are owned by Tesco DVD Rental, our affiliates and/or third party licensors, unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited licence for use of content that you may purchase from this website to use such materials, you shall not acquire any ownership rights in or to such materials. The material may not be used except as provided for in these terms, without our written permission.
      2. You acknowledge and agree that certain content on the website and on discs provided to you is the property of third party licensors and without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms and Conditions against you.

    • Trademarks

      1. All trade marks, logos, images, product and company names displayed or referred to on this website are the property of their respective owners. Nothing on this website grants you any licence or right to use, alter or remove such material.

    • Disclaimer of Contents

      1. We permit you to post reviews on the website in accordance with the procedures established on the website and provided that the content is not illegal, obscene, libellous, threatening, defamatory or otherwise objectionable to us.
      2. 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 reserve the right (but not the obligation) to remove or edit such content at our absolute discretion and at any time.
      3. Tesco DVD Rental is free to use any comments, information, ideas, concepts, reviews or techniques contained in any communication you may send to the Tesco DVD Rental website. By submitting such information, you grant us a non-exclusive, royalty-free licence to display, use, reproduce or modify that information.
      4. We do not accept responsibility for the contents of any third party website that may be linked to the Tesco DVD Rental website by way of hypertext links or other means of reference. You may not link to Tesco DVD Rental's website from another website without our prior written consent.

  4. Joining Us

    • Minimum Criteria

      1. To join Tesco DVD Rental or receive any of our services as a minimum:
        1. you must be at least 18 years of age. Persons under the age of 18 are not permitted to join Tesco DVD Rental;
        2. you must live in the United Kingdom (including Northern Ireland);
        3. you agree to provide us with personal details (including your name, email address, postal address and valid payment details), that are true and current, and you agree to update us if at any time your personal details change by updating the relevant sections of the website.
        4. If you change address, you must update your address details in the relevant section of the website 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
      2. We may refuse any application to join Tesco DVD Rental or receive our services for any reason whatsoever. Please note that by supplying your telephone number on joining us you grant us permission to contact you via phone regarding your account and any special offers or promotions that we may offer you from time to time.

  5. Tesco DVD Rental Membership

    1. Provided that you meet the Minimum Criteria, you may register as a Tesco DVD Rental website member free of charge. If you register as a Tesco DVD Rental website member, all the relevant terms of these Terms and Conditions shall apply.
    2. As a Tesco DVD Rental website member you will receive access to the Tesco DVD Rental website, although you will not be entitled to obtain chargeable Tesco DVD Rental services unless you agree to the applicable Terms and Conditions prior to registering for such services (Tesco DVD Rental services include the Rental Service, and any service or products added to the Tesco DVD Rental website in the future).

  6. Free Trial

    1. Free trials are only available to new subscribers of Tesco DVD Rental. Previous subscribers or triallists (of Tesco DVD Rental or any other service provided by the LOVEFiLM group of companies) do not qualify for a free trial.
    2. The free trial is available only once to any one person and to only one member of a household. Subsequent free trials by the same person at any address, or by another person at the same address, are not permitted.
    3. You must have internet access and valid payment details to redeem a free trial offer.
    4. Upon registering for your free trial, your method of payment will be authorised for up to three months of service - to verify your identity, and to protect us from theft and fraud. Some banks or payment card companies may reflect this authorisation against your available balance or credit limit. No actual charges, however, will be made against the card if you cancel prior to the end of your free trial.
    5. Your free trial period will commence on the date registration is completed and the account is successfully created.
    6. We will begin billing you at the end of your free trial, and thereafter on prescribed intervals, monthly unless otherwise indicated, for the Tesco DVD Rental service, unless you cancel prior to the end of your free trial. We will continue to bill you by your chosen payment method for the Tesco DVD Rental service until you complete the cancellation process.
    7. You must cancel your account before the end of your free trial to avoid charges. For instructions on how to do this, see the section on "Cancellation" below.

  7. Payment of Rental Service Subscriptions

    • Payments

      1. As a subscriber to Tesco DVD Rental, you agree that we are permitted to charge subscription fees and any other charges that you may incur in connection with your use of Tesco DVD Rental. The subscription charges will be charged on the day immediately after your free trial ends (if applicable) or on the first day you subscribe if you are not eligible for a free trial. This charge will continue on each renewal date thereafter unless and until you cancel, and regardless of how much you use the service. We will automatically charge you, using your specified payment method, each period (monthly unless otherwise specified) on or after the calendar day corresponding to the commencement of your membership. 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 wish to use a different payment method, or if there is a change in your card validity or expiry date, you may edit payment details by visiting the relevant section of the website clearly marked at the top of most pages of the website. We do not provide refunds for cancellations part-way through the billing period
      2. Please note that should your account fall into arrears, Tesco DVD Rental reserves the right to pass on your details to a collection agency for retrieval of the outstanding debt. There will be a £5 handling charge for all such cases.
      3. You agree not to hold us responsible for banking charges incurred due to payments on your account.
      4. We may, in our sole discretion, change the fees for any services at any time. We agree to notify you at least 30 days in advance of any change in fees.

    • Changing your Membership Level

      1. You may upgrade or downgrade your Tesco DVD Rental subscription as often as you like, within the relevant section of the Tesco DVD Rental website. Any reduction in your bill will take effect at the next billing period after any outstanding discs have been returned to us. Any increase in your bill resulting from an upgrade will take effect immediately, being pro-rated to the remainder of your billing period, and the increase will be charged immediately (without changing any subsequent billing dates). Additional charges, resulting from an upgrade, are non-refundable.
      2. Please note, that any change to your subscription package or your delivery address details (including your postcode) during any free trial period, will result in the termination of the free trial and the start of your regular billing as described in the "Free Trial" section above.

    • Suspending your Membership

      1. We will permit you to put your account on hold, free of charge, for up to 2 weeks. You can also suspend your account from 3 weeks to 6 months for a small maintenance charge of £1.00 per week (charged monthly). Detailed instructions on how to hold or suspend your membership can be found in our "Help" section on the website.

    • Automatic renewals of subscription

      1. Your Tesco DVD Rental subscription will be automatically renewed on a monthly basis. For your convenience, we will charge the monthly subscription fee to the debit/credit card that you provide to us during registration (or to a different payment method if you change your account information subsequently). Your membership will automatically renew for successive monthly subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews in order to avoid billing of subscription fees.

  8. Delivery and Return of Discs

    • Discs can only be delivered to addresses within the United Kingdom (including Northern Ireland and BFPO addresses); this excludes PO Box addresses.
    • We currently use Royal Mail, prepaid postage, to deliver and return the discs you have selected to view. Actual delivery times may vary for you depending on;
      1. our stock availability,
      2. your delivery address,
      3. when you make your selection, and
      4. circumstances impacting delivery by the Royal Mail.
      We reserve the right to use alternative delivery methods without prior notification.
    • Although we allow you to prioritise the order in which you would like to view discs, we cannot guarantee that such requests are met. We will endeavour to ship your next rental(s) within one business day of receiving your previous rental(s) back into our Distribution Centre.
    • You will not hold us responsible for any delays, outside our control, which relate to the mailing or delivery of discs.
    • Please note that all customers must wait a minimum of four working days before reporting a disc as not received or lost on the way back to us. It is the customer's responsibility to then report all lost discs online. We are unable to offer a refund for any discs which are paid for by the customer and then found at a later date. Customers are obliged to comply with either Royal Mail's claim compensation process or Tesco DVD Rental's process. Failure to comply with these processes, as amended from time to time, will result in a charge being made for the lost disc.
    • We reserve the right to cancel your membership if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
    • We cannot be held responsible for items belonging to you or those belonging to a third party, which are sent to us in error. Where possible, we will try to return these items, but are unable to compensate you for the loss of such items and we shall have no liability therefore.
    • You accept full responsibility for discs which are stolen whilst in your possession, and you will have to pay the full replacement costs.

  9. Use and Care for Discs

    1. You agree that you will not infringe any rights including intellectual property rights of any person including, without limitation, copying, reproducing, screening, republishing or otherwise modifying any material provided as part of the Rental Service including the discs.
    2. You agree that you will be responsible for any viewing of any disc supplied by us to you and that any minor's viewing of any discs will be restricted by you consistent with any applicable film classification applied to that disc by the British Board of Film Classification.
    3. You agree to treat the discs and their associated packaging with the utmost care at all times. You agree that we may charge your payment method if it is returned in an unreasonable condition (reasonable wear and tear accepted). In this event, we will give you advance notice before charging you. We will charge you £20 per damaged DVD and £50 per game.

  10. Cancellation

    1. As noted above, you may cancel your subscription to Tesco DVD Rental's service at any time. Cancellation requests must be via the website, www.tescodvdrental.com. To cancel, customers must notify us online via the website by clicking on the relevant section and following the instructions. This activity is tracked on the customer's account history. Immediately upon requesting cancellation, no further discs will be dispatched to you, unless they were processed by our Distribution Centre a few minutes prior to your cancellation request. We are unable to accept or guarantee cancellation requests via email or by letter (either posted, or included with returns).
    2. Please note that it is the customer's responsibility to ensure that all discs are returned, and all discs must be returned to us before the cancellation will be confirmed. All discs must be returned before the next billing date following cancellation to avoid any further charges. Once all discs have been returned, the cancellation will take effect immediately and a confirmation email will be sent to you. We reserve the right to charge a replacement cost of up to £20 for any non-returned DVDs, and £50 for any non-returned games media. To avoid problems, we advise obtaining a certificate of posting free of charge from your local Post Office when you return our discs to us. Please note we do not provide refunds or credits for any partial subscription periods.
    3. We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these terms, including, in particular the section headed Rental Discs Remain Tesco DVD Rental Property'. If we terminate your use of our service as a result of a breach of any obligation under these terms, such termination would be immediate and without notice. In this event we would give you seven days to return our discs and failure to return these discs would incur charges, as described under 'cancellation' above. If we terminate your use of our service for any other reason or no given reason, then we would give you 30 days notice of termination and would expect you to return our discs within the 30 day notice period. In this event failure to return the discs within the notice period would incur charges, as described under 'cancellation' above.

  11. Rental Discs Remain Tesco DVD Rental Property

    1. All discs remain our property at all times. 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 Tesco DVD Rental discs in any way at any time.

  12. Gift Subscription Terms and Conditions

    1. Gift subscriptions cannot be used in conjunction with any other discount, offer or promotion. Gift subscriptions are not redeemable for cash, neither refundable nor transferable. Gift subscriptions are subject to our standard Terms and Conditions.
    2. The recipient can redeem the subscription by entering the gift subscription code during the new account signup process.
    3. The validity period of the gift will vary depending on what gift is selected.
    4. Recipients of gift subscriptions must be at least 18 years old, residents of the United Kingdom and will require a valid address and debit/credit card to verify their age.
    5. Membership charges will not be taken from the recipient's payment card during the gift subscription period provided the recipient does not upgrade their tariff. If the recipient continues their membership beyond the gift subscription period they will be charged at the prevailing pricing at the time. The membership can be cancelled at any time by visiting the relevant section of the website, once logged in.
    6. At the end of the validity period of your gift, the recipient will automatically become a member of our DVD or Game Rental Services unless they cancel their membership and return all discs prior to the relevant expiry date of your gift. The membership level will be the same as the gift subscription tariff unless the recipient specifies otherwise and provides at least 5 days written notice prior to the relevant expiry date of the gift. Subsequent membership of the DVD Rental Service will be subject to the Standard Tesco DVD Rental Rental Service Terms and Conditions.

  13. General Terms and Conditions

    • Privacy

      1. We collect personal information about you through your use of this website and our services. All information that we collect about you is subject to our Privacy Policy, which forms part of these Terms and Conditions, and which may be accessed from our home page or by clicking here.

    • Promotion Codes

      1. Any promotion code or offer provided on this site cannot be used in conjunction with any other promotion, past or present.

    • Disclaimer of Warranties and Limitations on Liability

      1. Nothing in this clause 13 or otherwise in these Terms and Conditions shall exclude or in any way limit Tesco DVD Rental's liability for;
        1. fraud,
        2. death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977),
        3. liability to the extent the same may not be excluded or limited as a matter of law.
      2. This website and its contents are provided "as is" and on an "as available" basis and we make no representations or warranties of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, or interruptions in the shipment of discs, delivery or downloading of any content contained on the website, any costs, losses, expenses or damages arising from the use of the content provided on the website or any conduct by users of the website. We reserve the right to deliver discs or enable downloading of content at our sole discretion. Subject to clause 13.3, 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.
      3. Subject to clause 13.3, in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party 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.
      4. Subject to clauses 13.3, 13.4 and 13.5 our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the website, website content or our services shall not exceed in aggregate the greater of £1 and/or the total amount paid by you to us in respect of Tesco DVD Rental Services in the month preceding any such claim.

    • Applicable Law

      1. This website is controlled by Tesco DVD Rental. Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the English courts.

    • Assignment By Us

      1. You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other party.

    • Memberships are Non-Transferable

      1. Tesco DVD Rental memberships are not transferable and therefore cannot be sold or traded.

    • No Waiver

      1. If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.

    • Force Majeure

      1. We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.

    • Third Party Rights

      1. Subject to clause 13.4, and excluding the provisions of clause 3.1.2 which confers a benefit upon Third Party Licensor's as applicable, which you hereby acknowledge and agree shall be directly enforceable by such third parties, nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
      2. In accordance with clause 1.2.1, we may rescind, waive, assign, release or vary any or all of the provisions in this Agreement in any way without consent of any third party.
This version last updated 5 November 2008.