1. Terms and Conditions
1.1 Acceptance of Terms and Conditions
Welcome to http://rental.signals.co.za (this "Website"). This Website which rents out DVD, Blu-ray, 3D Blu-ray movies and Playstation 3, XBOX 360, Wii, Nintendo DS and PSP Games Online, is owned and operated by Signals Home Entertainment CC. References to "we", "us" or "our" are references to Signals Home Entertainment CC. We are a business registered in South Africa (CK2007/020218/23), and our address for correspondence is: 652 Lansdowne Road, Lansdowne, 7780, Cape Town, South Africa (email: onlinerentals@signals.co.za). These terms and conditions ("Terms and Conditions") are deemed to incorporate our Privacy Policy, which you should read together with these Terms and Conditions.
Your use of this Website and your use and/or purchase of Signals Home Entertainment's products and services is at all times subject to these Terms and Conditions as applicable to your use of the Website (which forms a legally binding contract between you and us) and all applicable laws. By accessing this Website or using and/or purchasing Signals Home Entertainment’s products or services, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this Website and do not use and/or purchase Signals Home Entertainment’s products or services.
1.2 Changes to Terms and Conditions
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 and your use and/or purchase of our products or services will be the version that is current and displayed on this Website as at each date you access this Website or use and/or purchase our products or services (as applicable). Your use of this Website or your use and/or purchase of Signals Home Entertainment’s products or services after changes are made means that you agree to be bound by such changes.
1.3 Membership and Billing
You can find the specific details regarding your subscription with Signals Home Entertainment including your next billing date, at any time by clicking on the relevant section of the website.
2. Joining Us - Minimum Criteria
2.1 Minimum Criteria
To become a Member of Signals Home Entertainment and to purchase any of our products or 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 Signals Home Entertainment;
2. you must live in Western Cape, South Africa; and
3. you must 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 must agree to update us (through the "My account" section of this Website) if at any time your personal details change by updating the relevant sections of the website. Please ensure this is done before you move house, as you will be liable for any DVDs delivered to the wrong address.
2.2 Updating address details
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 delivered to the wrong address.
2.3 Refusal of application
We may refuse any application to become a SIGNALS Member or to use or purchase any of our products or 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.
3. Membership of and Subscription to SIGNALS
3.1 Becoming a Member
Provided that you meet the Minimum Criteria (see clause 2 (Joining Us - Minimum Criteria) above), you may register as a SIGNALS registered user of this Website free of charge (a "Member"). To become a Member you need to go to the relevant section of this Website, then submit your email address to SIGNALS and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
3.2 Access to and filtering of Content
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 and not accessible to non-registered users. We allow Members to configure filtered access to such content, but also advise parents or guardians to supervise their children's use of this Website.
3.3 Changing fees and charges
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of our products and services. We will notify subscribers by email at least 30 days in advance of any such change. If you do not agree to the change, you may cancel your membership or subscription online through the "My account" section of this Website.
4. Free Delivery of batch of DVDS/Blu-ray discs
4.1 Eligibility for Free DVDs/Blu-ray discs
One free delivery of a batch of DVDs/blu-ray discs is only available to new subscribers to the SIGNALS Rental Service. The free delivery of DVDs/Blu-ray discs is available only once to any one person and to only one member of a household. Subsequent free deliveries of dvds/blu-ray discs to the same person at any address, or to another person at the same address, are not permitted. You must have internet access and valid payment details.
4.2 Billing Starts unless you Cancel
We will begin billing you monthly unless you cancel prior to the end of your monthly period. We will continue to bill you by your chosen payment method until you complete the cancellation process. You must cancel your account (through the "My account" section of this Website) and return all discs to us before the end of your monthly period to avoid charges. For instructions on how to do this, see clause 7(Cancellation by you and Termination by us) below.
5. Rental Service
5.1 Payment and Refund Policy
As a subscriber to SIGNALS, you agree that we are permitted to charge subscription fees and any other charges that you may incur in connection with your use of SIGNALS. The subscription charges for the SIGNALS Rental Service will be charged on the day immediately after the day you subscribe, and, from then on, on the calendar day corresponding to the commencement of your membership subscription (each, a "Subscription Renewal Date"). This charge will continue on each Subscription 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) (your "Subscription Month") on or after your Subscription Renewal Date. All fees and charges are non-refundable. 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 through the "My account" section of this Website. We do not provide refunds for cancellations part-way through the billing period. Please note that should your account fall into arrears, we reserve the right to pass on your details to a collection agency for retrieval of the outstanding debt. There will be a handling charge for all such cases. You agree not to hold us responsible for banking charges incurred due to payments on your account.
5.2 Changing your Rental Service Level
You may upgrade or downgrade your SIGNALS subscription Rental Service level as often as you like, through the "My account" section of this Website. Any upgrade or downgrade is measured by the different monthly costs of the Rental Services you are changing from and to, not by the features of those different services. Any reduction in your bill resulting from a downgrade 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.
5.3 Rental Service Disc Restrictions
All of our Rental Service packages allow you to have a maximum number of discs out on rent at any one time. Our Rental Service packages only allow you to rent a certain number of discs in any one Subscription Month (known as "capped" or "limited use" packages). Once you have received that maximum number of discs in a given Subscription Month, we will not send you any further discs until after we charge your next monthly subscription fee to your credit/debit card, although you may be able to purchase extra rentals (see clause 5.4 below). You may not carry over any unused portion of your disc entitlement for a given Subscription Month to the next Subscription Month.
5.4 Extra Rentals
From time to time, if you have a capped package (i.e., a package that only allows you to rent a certain number of discs in any one Subscription Month), we may give you the option to purchase extra rentals to use in those Subscription Months when you have received the maximum number of discs your package allows. If you have purchased extra rentals, we will automatically send the next available disc(s) from your rental list (up to your at-home maximum) and adjust your extra disc rentals balance accordingly. The cost of each extra rental will be clearly displayed on the relevant page of this Website before purchase and will be added to your account and billed on your next billing date. Each extra rental will expire 3 years from the date of purchase. Extra rentals cannot be cancelled after purchase and will not be refunded if your subscription ends for any reason.
5.5 Account Holiday
From time to time, we may make available the facility for you to take an account holiday. Unless we specify otherwise, you can take an account holiday at any time for a period of up to 90 days (and a minimum of one week) by going to the "My account" section of this Website. If this facility is available, you will be able to take no more than two account holidays in any 12 month period. Any discs returned during your holiday period will not be exchanged for new ones until the last day of your holiday. If your account holiday is longer than 14 days then you must return all discs to us within 14 days of the start of your holiday or you may be regarded as continuing to receive the service and subject to the usual monthly subscription charges. Your account holiday will end automatically on the last day of the period you selected and you will not be billed during that period.
If your account holiday extends over a billing date, then at the end of your account holiday, we will adjust the following month's subscription charge on a pro rata basis to reflect the difference between: (a) the period between the date your account holiday started and the billing date following the start date; and (b) the period between the date your account holiday ended and the billing date following the end date. If your account holiday starts and ends between billing dates, then we will reduce the amount charged at the next billing date on a pro rata basis to reflect the length of the account holiday. During an account holiday you will not be able to use the Rental Service.
5.6 Delivery of discs
We currently use independent delivery companies to deliver and collect the discs you have selected to view. Actual delivery times may vary for you depending on our stock availability, your delivery address, when you make your selection and circumstances impacting the delivery.
5.7 No guarantee of priority; no responsibility for delays, etc
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 send your next rental(s) within one business day of you notifying us on your account section of website . You will not hold us responsible for any delays, outside our control, which relate to the delivery of discs.
5.8 Lost Discs; charges for lost discs
It is your responsibility to report all lost discs online. We are unable to offer a refund for any discs which are paid for by you and then found at a later date. The current charges are R150 per lost DVD, R350 per lost Blu-ray disc.
5.9 Items sent to us in error
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.
5.10 Discs stolen in your possession
You accept full responsibility for discs which are stolen whilst in your possession, and you will have to pay the full replacement costs.
6 USE AND CARE FOR DISCS
6.1 Restrictions on use of discs; strictly for personal, private use, etc
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. You must use the discs you rent strictly for personal, private use and not for any direct or indirect commercial purpose. You must comply with the terms of any copyright notice displayed on any disc or in its contents. 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 SIGNALS discs in any way at any time.
6.2 Viewing of age-restricted discs
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 Publications Board Of South Africa.
6.3 Responsibility and charges for damaged discs
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 excepted). In this event, we will give you advance notice before charging you.
The current charges are R150 per damaged DVD, R350 per damaged Blu-ray disc.
7 CANCELLATION BY YOU AND TERMINATION BY US
7.1 Cancellation by you
As noted above, you may cancel your subscription to SIGNALS's service at any time. Cancellation requests must be completed online via through the "My account" section of this website (follow the instructions under the heading "Cancel My Account"). We may require you to activate cancellation via telephone. To cancel, customers must notify us online via the website by clicking on the relevant section and following the instructions under the heading "Cancel my subscription". 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 warehouse a few minutes prior to your cancellation request. We are unable to accept or guarantee cancellation requests via email.
7.2 Discs must be returned for effective cancellation
Please note that it is the customer's responsibility to ensure that all discs are collected or returned, and all discs must be returned to us before the cancellation will be confirmed. All references to "return" or "returned" in these Terms and Conditions mean that we must have received the discs in question. 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 R150 for any non-returned DVDs, R350 for any non-returned Blu-ray disc.
Please note we do not provide refunds or credits for any partial Subscription Months.
7.3 Right to cancel in certain circumstances
If you have just signed up to SIGNALS and have changed your mind about subscribing, you may in certain circumstances have a legal right to cancel your membership before the service starts and receive a full refund of your first month's subscription fee. Ordinarily you may cancel the subscription within seven working days of the day after the date on which you subscribe if we have not already commenced providing services to you. However, by subscribing you agree that we may dispatch your first discs within that seven working day period and you acknowledge that by agreeing to this, this cancellation option is not available to you if we have already assigned your first discs for dispatch. If you are eligible to cancel in this manner, you may do so in accordance with the cancellation instructions in this clause 7 (Cancellation by you and Termination by us). In order to arrange a refund of your first month's subscription fee, you will then also need to contact us to advise us that you have cancelled in accordance with your statutory rights and to request a refund of your first month's subscription fee. Once you have completed these steps, we will cancel your subscription and process your refund.
7.4 Termination by us
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 and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and without notice. In this event we would arrange to collect our discs and failure to return these discs would incur charges, as described under clause 7.2 above. If we terminate your use of our service for any other reason or no given reason, then we will give you 30 days notice of termination and will expect you to return our discs to our delivery company within the 30 day notice period. In this event failure to return the discs within the notice period will incur charges, as described under clause 7.2 above.
8 RENTAL DISCS REMAIN SIGNAL'S PROPERTY
All discs remain the property of Signals Home Entertainment at all times.
9 PROHIBITED USE OF THIS WEBSITE
9.1 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 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.
9.2 You agree not to impersonate any other person while using this Website, conduct yourself in an offensive manner while using this Website, or use this Website for any illegal, immoral or harmful purpose. In order to provide you with an easy-to-use service, SIGNALS will place a 'cookie' (a small text file) on any computer you use to access the SIGNALS website. When you revisit the SIGNALS 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.
10 MATERIAL ON THIS WEBSITE
10.1 Copyright
All materials (including software and content whether downloaded or not) contained on this Website are owned by SIGNALS (or our affiliates and/or third party licensors (as applicable)), 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 materials may not be used except as provided for in these Terms and Conditions, without our prior written permission.
You acknowledge and agree that certain content on this 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.
11 GENERAL TERMS AND CONDITIONS
11.1 Privacy
We collect personal information about you through and in connection with your use of this website and your use and/or purchase of our products and 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 . Our Privacy Policy is deemed to be incorporated into these Terms and Conditions.
11.2 Promotion Codes
Any promotion code or offer provided on this Website cannot be used in conjunction with any other promotion code or offer, past or present.
11.3 Indemnity by you
You agree to indemnify and hold Signals Home Entertainment CC, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, members and employees, harmless from any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions or any violation by you of any applicable laws or the rights of any third party.
11.4 Disclaimer of Warranties and Limitations on Liability
11.4.1 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, including as to the accuracy, completeness or currency of this Website or its content. We assume no liability or responsibility for any errors or omissions in the content of this Website, any failures, delays, or interruptions in the shipment of discs, delivery or downloading or streaming of Content at our sole discretion. 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.
11.4.2 In no event shall we, our members, 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 such 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 clause 11.4 to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
12 Interpretation
In these Terms and Conditions, unless the context requires otherwise:
12.1 any phrase introduced by the words "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and
12.2 references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
13 Legal Charges
If we are required to instruct our attorneys to recover any money or goods from you or from any third party by virtue of your use of our products or services, you agree to be liable for and to pay all legal costs incurred by us on the attorney and own client scale including any collection commission in accordance with the rate prescribed by the Law Society of the Cape of Good Hope from time to time and any tracing costs.
14 Service address
By making use of our products and/or services, you agree that any written notices or legal process that we may choose to serve upon you may be served at the address that you have chosen for delivery of our products and/or the rendering of our services. You are entitled to appoint an alternative address for the purposes of this clause, provided that any such address must be a physical street address (not a post office or post box address) and the address must be situated in the Cape Town, Western Cape area.
15 No other conditions binding
15.1 We shall not be bound by any oral statements, recommendations or representations made by us unless they are in writing and signed on behalf of our close corporation or its duly authorised representative.
15.2 All transactions between you and us are subject to these Terms and Conditions and no other conditions will be binding on us except for the Terms and Conditions set out above.