ACCEPTANCE OF TERMS OF USE

These "Terms Of Use" govern your use of the MovieMart™ Service either through Website or any MovieMart Store, hereinafter referred to as "Service". The Service is owned and operated by MovieMart. (hereinafter referred to as "MovieMart™") and is offered to you (hereinafter referred to as "Member") as per your agreement with and acceptance of this document (hereinafter referred to as "Membership"). By clicking the box entitled "I Have Read and Accepted The Terms Of Use" as part of the registration process, Members accept all items in the Terms & Conditions and agree to abide by and be legally bound by the Terms & Conditions. By browsing, visiting and using the MovieMart™ Website & using services, you accept and agree to abide by these Terms & Conditions. If you do not agree to these Terms & Conditions, you should not use the MovieMart™ Website/Service. These Terms & Conditions are an ongoing contract between you and MovieMart™ and apply to your use of the MovieMart™ service and Website. These Terms & Conditions affect your rights and hence, please read them carefully.

CHANGES TO TERMS OF USE

MovieMart™, reserves its right, from time to time, with or without notice to you, to change these Terms & Conditions in our sole and absolute discretion. The most current version of these Terms & Conditions can be reviewed by clicking on the "Terms & Conditions" located at home page of the MovieMart™ Website. The most current version of the Terms & Conditions will supersede all previous versions. Your use of the MovieMart™ Website or continued use of our service after changes are made means that you have agreed to be bound by such changes.

PRIVACY

Any information submitted on the MovieMart™ Website/Stores/Call Centers is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. number of movies selected from the list of movies provided.

NO DUE DATES OR LATE FEES:

You may keep the DVDs/ VCDs delivered to you as long as you want without any time limit restrictions. However, DVDs/VCDs delivered with time limits to be returned within the prescribed time limits failing which late fees would be levied as per plan chosen by you 

FREE & PROMPT DELIVERIES & PICK UPS:

DVDs/VCDs ordered by you will be delivered to you and picked up from you free of cost. It would remain our endeavor to deliver/pick up DVDs/VCDs as soon as possible subject to availability of ordered DVDs/VCDs at that time and order meets our regular optimum logistic plans. All discs are bar coded and encased in a plastic protective sleeve. These are assets of MovieMart and hence have to be returned back with the discs.

MEMBERSHIP AND BILLING

You can find the specific details regarding your subscription with MovieMart™ at any time by clicking on the "Your Account" link, located at the top of the pages of the MovieMart™ Website.MovieMart offers various payment options- cheque,cash, credit card, etc. hereinafter called the Payment Method.

BILLING

By using the MovieMart™ service, you are expressly agreeing that we are permitted to bill you subscription fee on recurring basis as per plan chosen, any applicable tax and any other charges you may incur in connection with your use of the MovieMart™ service. Additional charges may include charge related to DVD/VCD you fail to return in stipulated time, or a plan change you request. As used in these Terms & Conditions, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel your membership. You may inquire about your membership details any time by visiting our Website. We will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we will bill you on the last day of such month. For example, if you became a paying member on January 31st, you would next be billed on February 28th. All fees and charges are non-refundable and there are no refunds or credits for partially used periods would be allowed. 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 either email or by posting changes on Website. You should update yourself for these changes by visiting our Website. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information on MovieMart™ Website . If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorisation for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

CHANGE OF PLAN:

You have the discretion to change your plan once in a calendar month by paying additional deposit/subscription, if applicable.. Change of Plan would be effective from the date on which Member's request and money collected. Your new subscription cycle would commence from the date of your change of plan request processed.

PAUSE FACILITY

Members can use 'Pause' facility which allows them to put the service on hold for a limited period. Member can use pause facility by informing us by email at support@moviemart.in. In this period of pausing of membership no bills will be raised on the member. Also pausing of membership will be allowed only if there are no outstanding dues and no DVDs/VCDs in the member's possession. Pause will be allowed for the maximum period of days for each type of plan.
After expiry of the Pause Period the service will be automatically activated.

ALLOCATION, DELIVERY AND RETURN OF RENTED DVDs/VCDs

All active members are entitled to borrow a disc. We offer a complimentary delivery-pick up service.  All movies with time limits borrowed are due to be returned with in the stipulated time limit by default. Members who fail to return a movie with time limit within the specified time frame will be charged a late fee per title for every subsequent day, unless and until the disc is returned. The onus to return a title rests with the member. The definition of day refers to a day date calendar and not a 24 hour period. Pick-ups / deliveries will be done only once in the given time slot and will not return again in the event of the disc not being available / no authorized person to accept the disc.

We reserve the right to allocate and ship DVDs/ VCDs among our subscribers in any manner that we, in our sole and absolute discretion, determine. In addition, we will, in our sole and absolute discretion, determine the quantity of DVDs/ VCDs we purchase for any particular title and the level of staffing and number of shipments to be processed at each distribution centre.  and we may not deliver your next DVDs/ VCDs on the same day that we receive one from you. At present, our goal is to deliver the DVDs/ VCDs listed highest in your queue.

Other factors that may affect delivery times, include, but are not limited to, (i) the distance between the distribution centre from which your DVD/ VCD was shipped and your delivery address, (ii) the timing of your placement or adjustment of movies in your queue. (iii) circumstances impacting delivery by the third party logistic company. We use the services of a third party logistic company to deliver and pick up movies you decide to watch.

We may not process returns or deliveries on Sundays or Holidays. We make no guarantee as to the shipping and delivery of DVDs/ VCDs and may in our sole and absolute discretion, change our business practice regarding allocation, delivery and shipping, without notice. We may from time to time revise these Terms & Conditions but we will not necessarily provide you notice of the revisions. It is up to you to review the Terms & Conditions frequently to determine if there have been changes.

You may inquire status of any shipment/pickup request by visiting our Website

You undertake not to distribute / permit other persons or members to take the DVD / VCD discs rented by you to any third person during the period you have rented the same from MovieMart. Should we at any time discover such actions on your part, we reserve the right to take appropriate action against you, including but not limited to canceling your membership and forfeiting the amount deposited by you and immediately terminating your membership with us . Further, you undertake that the discs rented by you are for your personal viewing only and not to be shown to the public at large or in your building society premises.

We may not be able to deliver the movies on same day due to weather conditions or any other unavoidable circumstances. You will not be compensated for the lost day and we will not give you additional movies or additional day because of someday non delivery

DAMAGED DISCS

All discs sent to you have been checked to be in a working condition prior to dispatch. Upon receipt of the discs, you must ensure that the same is playable on your respective player. Any anomaly, if found, must be reported to us by email. Failure to check and/or report the same will be constituted as your having received a playable disc. At the time of pick-up, our courier executive will check for any scratches or damage to the disc and will intimate you accordingly. Upon receipt of the disc, we will verify the same.

In the event of a disc being damaged, we will email you and intimate you about the same. The determination of a disc being "damaged" will be at the sole discretion of MovieMart™. Accordingly, we will charge you MRP of title (which may includes even 1 damaged disc from a set of 2 or 3 discs). All such damage charges will be chargeable against your refundable security deposit. A top-up of the refundable security deposit will be required by the due date of the next billing cycle failing which your membership will be terminated.

CANCELLATIONS

You may cancel your membership with MovieMart at anytime either online through our Website. We do not provide refunds or credits for any partial monthly membership periods. We issue a refund within seven working days to the member only. Before cancellation, you are required to return any outstanding discs. Failure to return such discs will be charged to your refundable security deposit. MovieMart™ reserves the right to terminate your membership for any or no reason at its sole discretion.

REFUND OF SECURITY DEPOSIT

In the event that your membership is cancelled, we will refund your security deposit after ensuring all outstanding charges applicable have been processed. We refund your deposit iby cheque within seven working days , subject to return of DVD/VCDs in your possession failing which same will be charged to your refundable security deposit. MovieMart reserve the right to terminate your membership for any or no reason at its sole discretion.

ACCOUNT ACCESS

You are responsible for maintaining the confidentiality of your account, password & membership details and for restricting access to your computer.

REFERRAL PROGRAM

All members who register with the services of MovieMart™ shall automatically become members of the Referral Programme in which you are allowed to refer other people to become members in the Referral Programme.

MovieMart™ reserves the right to audit your membership, including your referrals from time to time to check fraud, breach of this agreement or any illegal activity.

Members may not use spam to obtain referrals. You may not use spam to gather referrals, "Spam" includes

• Unsolicited email, i.e., email sent to people you do not know personally, unless those people have expressly asked to receive email announcing programs of this type.
• Mass, bulk or "junk" emails of any kind, unless those people have expressly asked to receive email announcing programs of this type.
• Use the net, chat room or message board postings that are unrelated to the topic of discussion of the particular news group, chat room or message board.

If MovieMart™ has reasonable evidence that a particular member has used spam to gain referrals, it has the right to terminate the spammers' membership. In addition the member may be subject to government penalties and other legal consequences under the law applicable. Our anti-spam policy provides more details and is incorporated by reference into this agreement.

YOUR RELATIONSHIP WITH MOVIEMART™

Your relationship with the company is that of an independent customer. You are not an employee or agent of MovieMart™ . Neither you nor other members are authorized to make any statement or representations on behalf of MovieMart™, its website or referral program. MovieMart™ will not be bound by, or be liable for any statement or representation made by you or by any member of the referral program.

If any conflict of interest exists over the specific conditional offers / benefits provided to you from time to time and these Terms and Conditions, the Terms and Conditions shall supersede such specific conditional offers or benefits.

YOUR RELATIONSHIP WITH OTHER MEMBERS

You agree not to make any misrepresentations to any members' referrals or potential referrals regarding the Referral Program or MovieMart™ , including, but not limited to statements with respect to compensation typically received by members of the program or with the compensation that potential members are likely to receive.

TERMINATION OF THE PROGRAM

MovieMart™ may terminate the Referral Program at any time, by posting the termination on the website and/or sending an email to your email id provided while registering for the service.

TERMINATION OF MEMBERSHIP

MovieMart™ may terminate your Membership without prior notice of your Material Breach of this agreement. "Material Breach" includes:

• Any violation of any of the provisions of this agreement
• Acting unlawfully in relationship to MovieMart™ or the website.
• If there is a breach of our Anti-Spam Policy.
• For providing incomplete, false, bogus or otherwise incorrect information to us.
• Creating duplicate or illegal Memberships.

If we cancel your membership as provided above, MovieMart™ will send you a cheque equivalent to the Security Deposit minus any money you owe to MovieMart™ within Seven days from the date of cancellation.

MEMBERSHIPS ARE NOT TRANSFERABLE:

Your membership, password and accrued reward points are personal to you and are not transferable. You may not allow anyone else to use your password, reward points or membership. You may not use anyone else's password or membership or act to accrue reward points for anyone else. You are responsible for keeping your password secret. MovieMart™ is not liable for any damage caused by any disclosure of your password. You may create a membership only for yourself; you should not establish Membership on behalf of anyone else.

ACCOUNT ACCESS; INDENTITY PROTECTION

In order to provide you with ease of access to your account, MovieMart™ will place a cookie (a small text file) on any computer from which you access the MovieMart™ Website. When you revisit the MovieMart™ Website, this cookie will enable us to recognize 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. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. Users of public or shared computers should log out at the completion of each visit to the MovieMart™ Website.

If you find that you're a victim of identity theft and it involves a MovieMart™ account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. MovieMArt™ reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. MovieMart™ is not obligated to credit or discount a membership for holds placed on the account by either a representative of MovieMart™ or by the automated processes of MovieMart™.

MEMBER REVIEWS

We permit you to post reviews on the MovieMart Services on our Website. By submitting a review, you agree to the terms hereunder and acknowledge that such postings and all information therein will be posted on our Web site. 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. However, the use of a pseudonym that will be publicly displayed with the review is permitted so long as it is individualized and not otherwise misleading. We do not regularly review the content posted on the MovieMart Web site; however, we reserve the right to reject, remove or edit such content at anytime without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the movie's creative personnel; or a discussion of MovieMart policies or services.

DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY

The MovieMart™ service and Website and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the MovieMart™ Website, its contents or our service. We assume no liability or responsibility for any errors or omissions in the content of the MovieMart™ Website, any failures, delays, or interruptions in the shipment of DVD/VCDs, delivery of any content contained on the MovieMart™ Website, any losses or damages arising from the use of the content provided on the MovieMart™ Website, or any conduct by users of the MovieMArt™ service or Website. We reserve the right to ship DVD/VCDs in our sole and absolute 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.

In no event shall MovieMart., its shareholders, directors, officers, or employees be liable (jointly or severally) to you 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 the MovieMart™ Website, its contents or our service. 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.

INTELLECTUAL PROPERTY
Copyright

All content included on the MovieMart™ Website and delivered to subscribers as part of the service, including DVD/VCDs, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of MovieMart., or its suppliers and is protected by the Indian and international copyright laws. The compilation of all content on this site is the exclusive property of MovieMart™ ., and protected by the Indian and international copyright laws. Content shall not be reproduced or used without express written permission from MovieMart., or its suppliers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the MovieMart™ Website, not to insert any code or product or manipulate the content of the MovieMart™ Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. MovieMart™ reserves the right to terminate your membership hereunder if MovieMart™, in its sole and absolute discretion, believes that you are in violation, such violations including the copying of DVD/VCDs rented to you by us or the copying or other unauthorized use of our proprietary content. MovieMart™ does not promote, foster or condone the copying of DVD/VCDs or any other infringing activity. The use of DVD/VCDs rented to you by us is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms & Conditions for notifying us of the presence of any allegedly infringing content on the MovieMart™ Website.

The DVDS are for private home use only.Any form of public exhibition is strictly prohibited.The contents may only be screened on a single television device within a single private dwelling at any given time and may not be transmitted on any cable or similar television transmission system distributing a signal to more than one television device or dwelling.The use of Movie Mart DVDs are strictly prohibited in video parlors, retail establishments, cinemas, hotels restaurants, guest houses, bars clubs, hospitals, nursing homes, ships,buses, aircrafts, trains, cooperative housing societies, apartment blocks or other similar surroundings. Violating of the above terms and conditions may result in the member being liable for prosecution under various copyrights, and censorship regulations.If any member violets these terms will do so at his/her own risk The contents remain the property of the copyright owner and all rights are reserved. Copying/duplication of the contents are strictly prohibited.

TRADEMARKS

MovieMart™ is a trademark of MovieMart . The MovieMart™ logo, moviemart.in, are trademarks or service marks of MovieMart. The MovieMart™ Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of MovieMart. The trademarks, service marks and trade dress of MovieMart™ may not be used or reproduced without prior written approval from MovieMart. and may not be used in connection with any product or service that is not affiliated with MovieMart™, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of MovieMart™, or in any manner that disparages or discredits MovieMart™. Other trademarks that appear on the MovieMart™ Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MovieMart™. Any images of persons or personalities contained on the MovieMart™ Website are not an indication or endorsement of MovieMart™ or any particular product or our service unless otherwise indicated.

ENTERTAINMENT AND WEBSITE CONTENT

We distribute movies, that have been appropriately certified by the Central Board of Film Certification, and we reserve the right to display and promote the filmed entertainment or other information on our Website to you in any manner we choose in our sole and absolute discretion. In addition, the MovieMart™ Website allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the MovieMart™ Website are those of the respective authors or producers and not of MovieMart™, or its shareholders, directors, officers, or employees. Under no circumstances shall MovieMart™, or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the MovieMart™ Website/Stores. It is your responsibility to evaluate the information, opinion, advice, or other content available through the MovieMart™ Website.

USE OF INFORMATION SUBMITED

MovieMart., is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to MovieMart™ ("Content"), including, without limitation, responses to questionnaires or through postings to the MovieMart™ Website without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the MovieMart™ Website or other Websites. Furthermore, by posting any Content on our site, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future.

Please note MovieMart™ does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media materials or ideas transmitted to MovieMart™. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against MovieMart™ and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

SERVICE TESTING

From time to time, we test various aspects of our service, including service levels, plans, promotions and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

ELECTRONIC COMMUNICATIONS

By using the MovieMart™ service, you consent to receiving electronic communications from MovieMart™. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured films or other entertainment information or offerings. These communications are part of your relationship with MovieMart™ and you receive them as part of the MovieMart™ subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

YOUR CONDUCT ON THE MOVIEMART WEBSITE

By accessing the MovieMart™ Website, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the MovieMart™ Website. You also agree not to interfere with the servers or networks connected to the MovieMart™ Website or to violate any of the procedures, policies or regulations of networks connected to the MovieMart™ Website, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the MovieMart™ Website, conduct yourself in a vulgar or offensive manner while using our service, or use the MovieMart™ Website for any unlawful purpose.

LIMITATIONS OF USE

You must be 18 years of age or older to subscribe to the MovieMart™ service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. While MovieMart™ does distribute products that may be watched by children, we do not intentionally seek to collect information from individuals 13 years of age and younger (see also "Profiles" below). Unless otherwise specified, the content on the MovieMart™ Website is for your personal and non-commercial use and we grant you a limited license to access the MovieMart™ Website/Stores for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the MovieMart™ Website without our express written consent. MovieMart™ does not promote, foster or condone the copying of DVD/VCDs or any other infringing activity. Any unauthorized use of the MovieMart™ Website or its contents will terminate the limited license granted by us.

LINKS

Some of the hyperlinks and banners on the MovieMart™ Website may lead to other Websites that are not controlled by, or affiliated with, MovieMart™ . In addition, other Websites may link to the MovieMart™ Website. MovieMart™ has not reviewed these Websites and is not responsible for the content or privacy policies of these Websites.

CLAIMS OF COPYRIGHT INFRINGEMENT

It is the policy of MovieMart™ to respect the intellectual property rights of others. MovieMart™ does not promote, foster or condone the copying of DVD/VCDs or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the MovieMart™ Website, or know of someone who is making unauthorized use of the content of the MovieMart™ Website, please notify us of your concern by submitting a written notice to us at the following address:

MovieMart
A-11/1,First Flr,Naraina Indl Area,Phase-1
New Delhi-110028
Attn Mr.Pardeep Kumar

Your notice must be signed and contain the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material on the MovieMart™ Website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.