Your usage of iMOZI is subject to the following Terms and Conditions:
1. Each time you rent a DVD or other product from this Automated Kiosk (the “Product”) you must swipe a credit card.
2. By swiping a credit card you hereby certify to iMOZI Canada Inc. (”iMOZI”) that:
(a) you are 18 years of age or older;
(b) the credit card you are using is legally issued to you; and
(c) you agree to all these Terms and Conditions.
3. You are subject to these specific terms and conditions:
(a) You agree to be responsible for and guarantee payment to IMOZI of all charges related to the rental or purchase of the Product as indicated on the kiosk screen;
(b) For each Product that you rent, IMOZI will obtain a credit card pre-authorization in an amount not to exceed the amount of the Replacement Value (as established in Clause 5) to ensure that you return the Product;
(c) If you return the Product within ten (10) minutes of the time of your rental, you will not be charged for the rental;
(d) If you rent the Product on any given day and return it the next day before 7 PM, you will be charged $1.00;
(e) You will also be charged $1.00 for each additional day that you keep the Product to a maximum of twenty-five (25) days;
(f) You will be deemed to have purchased the Product if you do not return the Product within twenty-five (25) days of your rental of the Product. On the twenty-sixth(26th) day, the credit card you used to rent the movie with will be charged $25.00 plus tax. ($1.00 per night x 25 nights)
4. You acknowledge that we have the right to conduct sales and/or rental promotions from time to time. As such, during the time period of any such promotion, the charges in these Rental Terms and Conditions may be less than what is listed.
6. Without limiting anything else in these Terms and Conditions, you will be deemed to have purchased the product if:
(a) the Product is returned damaged including any tampering or damage to the RFID sticker (Radio-frequency identification) on the Product; or (b) you do not return the original box or other materials included in the box when you rent the Product.
7. If you choose to purchase the Product, or you are deemed to have purchased the Product, the purchase will be on an “as is” basis. IMOZI makes no warranties nor are there any implied warranties for the merchantability or fitness of the Product for any particular purpose.
8. In no event will IMOZI, its affiliates, agents, successors, directors, officers, employees or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive or aggravated damages (including without limitation, damages for loss of data, income, loss of or damage to property and third party claims) or any other damages of any kind, arising out of or in connection with: your rental of the Product, your operation of the kiosk, IMOZI’s collection or usage of your credit card information, your return of the Product or any advertisement contained on this kiosk, whether or not IMOZI has been advised of the possibility of such damages. This exclusion of liability will apply to the fullest extent permitted by law. This provision will survive your purchase of the Product or your return of the Product.
9. You shall indemnify IMOZI, its affiliates, agents, successors, directors, officers, employees or other representatives from any damage or loss to any person or property, including, but not limited to, the kiosk, arising out of the use of the Kiosk or the purchase or rental of the Product.
10. When you rent a DVD from IMOZI, you will receive an e-mail receipt of your rental or purchase, if you provided an email address. By requesting an e-mail receipt, you consent to receiving electronic communications from us. These communications may include notices, disclosures, agreements, product specials, discounts and promotions. If you do not wish to receive any such communication, you may elect to unsubscribe to such communications via the Website link provided in your e-mail receipt or any such communications.
12. Privacy Statement. We consider your privacy to be of utmost importance. Our personal information practices are governed by our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy on our Website at www.imozidvdkiosk.com to understand our practices.
13. This Agreement will be construed and governed by the laws of the jurisdiction where the kiosk is located.
Membership Terms and Conditions
In addition to the above, as a member, you simply select the DVD(s) you want to rent in the normal manner, select your title, swipe your card, and the DVD will be dispensed right there and then for no charge. Once you’ve watched the DVD(s), you can return it to the kiosk and take out any other DVD(s) using the process described above. You can rent as many DVD(s) as per your plan using this method and there will be no additional charges to your account, just the monthly fee and a one-time $25.00 refundable deposit. You can cancel at anytime (pro-rated credit will be issued for partial months and deposit refunded). Your plan will automatically be renewed on the same day each month, with the monthly fee charged to the default credit card on your account. Customer is responsible for lost or damaged discs in the amount of $25.00. Contact Customer Service at any time to upgrade or cancel your plan. All cancellations must be made via email at customercare@imozi.com. Cancellation will end all charges going forward, so long as all your DVD(s) have been returned. In the event you cancel and your DVD(s) are not returned, you will lose your $25.00 deposit.
Privacy Policy
This web site (”Imozi.com”) is published and maintained by iMOZI Canada Inc (”iMOZI”).
In accordance with federal privacy legislation, iMOZI is governed by the following Privacy Policy.
The Policy explains what personal information is collected from our users and how it is used. It also explains how you can ask questions, make suggestions, and comment on our privacy practices. You may opt-out of our use of your personal information for marketing offers at any time. If you make a request or complain to any of our departments, we will only collect enough contact information to be able to respond to you. We inform our employees about the importance of privacy and periodically update them about our Privacy Policy and related policies.
By subscribing to theiMOZI movie rental service, purchasing a movie or otherwise using any iMOZI service, you consent to the collection, use and disclosure of your personal information in accordance with this Policy.
This Privacy Policy also explains how you can contact us if you have a question about our Privacy Policy, want to change or update your personal information or change your preferences concerning our use and disclosure of your personal information.
For the purpose of this Privacy Policy, “personal information” refers to information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization. iMOZI will not collect, use or disclose your personal information in a way that is incompatible with this Privacy Policy.
Processing of Orders and Subscriptions
When you subscribe to the iMOZI movie rental service or purchase a movie, we ask for your email address and a password, for your name, postal code, telephone number and a valid credit card number.
We use this information to process your rental requests. We use your telephone number for the sole purpose of contacting you in the event of an order-related issue, and not for marketing or other purposes.
We request that you provide a valid credit card number for billing purposes.
We use your email address to issue you a transaction receipt, notify you that selected movies in your profile are available for rent, to answer inquiries, provide service and support, update you about your membership and to communicate with you when necessary concerning billing, the administration of your account and the processing of your rental or purchase requests.
As these functions are necessary to the proper administration of your subscription account, we do not offer an opt-out from such email communication.
Rental History
We track and retain your order history so that you can access the movies you have rented previously. You can access your history in the Account section of the website. This information is available to you alone and is not disclosed to other users, members or unaffiliated third parties.
Guest Services
When you become a member of iMOZI, we ask for your name and email address. We use your name and email address to track your visit to our website, to determine how many guests visit our website and to communicate to you about your account. This information is not disclosed to other users, members or unaffiliated third parties.
Email for Marketing Purposes
As a member or guest of imozi.com, you may receive email communications from us to inform you about new movies, promote new or additional services or contain special offers from iMOZI and our corporate affiliates. You may opt-out of receiving such email communications by adjusting your Email Settings in the Account or by contacting customer care. If you do not opt-out, we will use your personal information for these marketing purposes. However, your information is not disclosed to other users, members or unaffiliated third parties.
Cookies and Web Logs
When you visit the iMOZI website, cookies are placed on your hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. We use sessional cookies to help us track items you select, to match your address and order and to assist in the log in to your account. We use permanent cookies to help us track use of our website, such as the number and frequency of visits to our pages and which parts of our website are visited. Most browsers will allow you to disable cookies, or allow only sessional cookies to be placed. If your browser is set to allow sessional cookies only, your use of the website will be unaffected. If your browser is set to disable sessional cookies, you will not be able to log in, create or update a rental list or use the Account section pages.
IMOZI collects aggregate information concerning usage of the website through automatically logged information. iMOZI does not use any personal information while generating this information, nor does it relate any of this information to an individual member or user.
Personal Information Protection
Updating Your Personal Information
You may update or change your personal information anytime by visiting the Account section.
When We Disclose Your Personal Information
IMOZI will not sell, license, trade or rent your personal information to or with unaffiliated third parties. iMOZI will not otherwise disclose your personal information except as described below.
IMOZI may share certain information about you, including your contact and financial information, with our business partners where necessary or appropriate. In the event that certain services provided to you by or through iMOZI or one of its business partners are to be provided to you by a substitute service provider, your information may be transferred to the substitute service provider provided that such substitute entity agrees to be bound by the terms of this Privacy Policy in effect at the time of performance of the services.
IMOZI may also disclose personal information about its members to a third party if a law, regulation, search warrant, subpoena or court order legally requires or authorizes us to do so, to enforce and protect the terms and conditions of our agreement(s) with you or the Terms of Use applicable to our website, or to collect on outstanding accounts.
IMOZI also reserves the right to disclose and/or transfer personal information to a third party in the event of a proposed or actual purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal or financing of all or any portion ofiMOZI or of any of the business or assets or shares of Imozi.com, provided the third party represents that it will continue to use the information for the purposes set out in this Privacy Policy and in accordance with applicable privacy protection laws.
Retention of Your Personal Information
We retain your personal information, including contact account, rental history and financial information, for the period that you remain a member, for the purposes described above, and following the termination or suspension of your rental membership for such further periods as required by applicable laws or limitation periods and as necessary to allow us to guard against fraud and unauthorized further free trials or other promotions. In the event you decide to reactivate your account with Imozi.com, you may be prompted to confirm your personal information at that time if your personal information continues to be retained by iMOZI for the purposes described above.
How We Protect Your Personal Information
IMOZI makes all commercially reasonable efforts to protect your personal information from loss, unauthorized access, misuse or theft. We use a secure server (SSL) and encrypt all transmissions of personal information by you. We limit access to your account information with login and password protection features. We encourage you to change your password regularly and to provide us with accurate information through the Account section feature.
Only those iMOZI employees who have a legitimate business purpose for accessing the personal information collected by us are authorized to do so. Unauthorized access to or use of personal information by an employee is prohibited and constitutes grounds for disciplinary action. In addition, our management systems are configured so as to block or restrict employee access from those without access privileges.
Links to Third Party Sites
This website may offer links to other third party websites. You should be aware that operators of linked websites may also collect your personal information (including information generated through the use of cookies) when you link to their websites. iMOZI is not responsible for how such third parties collect, use or disclose your personal information, so it is important to familiarize yourself with the privacy policies of these websites before providing your personal information on those sites.
Changes to Privacy Policy
Changes to this Privacy Policy may be made from time to time by iMOZI and affiliates, and the modified form of the Privacy Policy will take effect 15 days after posting on this page.
Governing Law
We will not share your personal information except with your consent or in accordance with federal privacy legislation.
Contacting Us
In the event that you have any questions about the iMOZI Privacy Statement or if you have reason to believe that we may have failed to adhere to this Privacy Statement, you may contact us by sending an email to customercare@imozi.com.
Last Modified: October 15, 2009
