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Terms and Conditions

PLEASE NOTE: KINO IS NO LONGER OPERATING AS A DVD RENTAL SERVICE

Acceptance of Terms & Conditions
These Terms & Conditions govern your use of the Kino web site. By using the Kino web site, you accept and agree to be bound by these Terms & Conditions.
Changes to Terms & Conditions
Kino reserves the right, from time to time, with or without notice to you, to change these Terms & Conditions at its sole discretion. The most current version of these Terms & Conditions can be reviewed by clicking on the Terms & Conditions hyperlink located at the bottom of most pages of the Kino web site. The most current version of the Terms & Conditions will supersede all previous versions. Your use of the Kino web site after changes are made means that you agree to be bound by such changes.
Membership and Billing
Details of current subscription options are available by clicking on the Plans and Prices link at the foot of most Kino website pages.

You can find the specific details regarding your subscription with Kino at anytime by clicking on the 'My Account' tab (applies to subscribers only), located at the top of the pages of the Kino web site.

To rent online from Kino you must be at least 18 years of age, have a valid credit/debit card and functional email address. The service is only available in Australia. You must be resident in Australia and have access to a regular and convenient Australia Post service.

By registering you agree to provide Kino with accurate information about yourself, to maintain its currency and to update that information if and when it changes. If Kino has reasonable grounds to doubt the validity or currency of the information, or for any other reason, we reserve the right to suspend or terminate your account and refuse you any further use of our service.

For further details about the use of information needed and used, please see the Kino Privacy Policy by clicking on the hyperlink at the foot of most Kino web site pages.

Free Trial
Free trials are only available to new subscribers of the Kino service. You must have Internet access and a valid credit/debit card to redeem a free trial offer. Previous subscribers or trialists of Kino do not qualify for a free trial. Only one free trial may be redeemed per household and a free trial may not be combined with any other offer. People who break this rule will be charged the monthly subscription, without notice, for any additional trial taken.

Upon registering for your free trial, your credit/debit card will be validated by charging your card a test amount of $1.00 at the commencement of your trial. These funds are not held by Kino and the charge is refunded once validation is completed. No monthly subscription charges, however, will be made against the card if you cancel in the 'My Account' section prior to the end of your free trial period and you return the movies to reach us within 7 days.

The free trial will end once you have rented the maximum allowed movies for the trial period or at the end of the period of your trial, whichever is reached first. The movie limit for your trial period will be displayed in the "My Account" section. The trial of the Ultra Light Express plan will be 1 DVD out at a time, maximum 2 DVDs per trial; all other plans will have a trial of 2 DVDs out at a time, maximum 4 DVDs per trial. Special Kino promotions which require the entry of a promotional code on registration will have their own movie rental limits, outlined during the promotion and registration process. Some rare and hard-to-find titles, Blu-Ray discs and other in demand titles may not be available to triallists as they are exclusive to active subscribers. You may choose to become a full member at any time during the free trial period. This can be activated through the 'My Account' section.

We will begin billing your credit/debit card for monthly subscription fees at your chosen plan level for the Kino service after you reach the maximum allowed or your trial period has ended, whichever is reached first, unless you cancel prior to the end of your free trial and return the movies within 7 days. You can change your post-trial plan during the trial, but please note that your membership will be activated and you will be charged immediately for the first month's rental. We will continue to bill your credit card on a monthly basis for the Kino service until you cancel online.

You must cancel your account online and return all movies to reach us within 7 days to avoid charges to your credit card. For instructions on how to do this, see the section on 'cancellation' below.

Kino reserves the right to change the free trial offer without notice. We reserve the right not to offer a free trial, refuse a free trial or cancel a free trial.

Billing
As a subscriber to Kino, you agree that we are permitted to charge your credit/debit card a monthly subscription fee and any other charges you may incur in connection with your use of Kino. All fees and charges are GST-inclusive unless stated otherwise. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter, unless you cancel your membership or we terminate it. In the Ultra Light Express plan you are charged when the third movie is sent to you after your monthly limit of 2 is reached, or at the start of the next monthly payment period, whichever comes first. The Kino VIP Gold Pass deal is charged annually in advance. The maximum number of rentals for a subscription period is shown in Plans and Prices and also in the 'My Account' section (subscribers only).

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 want to use a different credit/debit card or if there is a change in your credit/debit card validity or expiration date, you must edit your credit/debit card information in the 'My Account' section (subscribers only).

If the Kino rental plans change, you will be notified by email in advance of the change and the plans and prices will be changed on the Kino website. You can choose to change to a different plan by notification through the 'My Account' section in advance of the billing date.

Annual Membership
Discounted Kino VIP Gold Pass memberships are available for most subscription packages. The fee is charged in advance. Refer to Plans and Prices for details. Discounted annual subscriptions will be automatically renewed and charged for a further discounted 12 month subscription 12 months from the previous payment. To change your plan, go to 'My Account' and follow the links.

Automatic Renewals
Your Kino monthly subscription will be automatically renewed each month. We will charge the subscription fee for your chosen plan to the credit/debit card you provide to us during registration (or to a different credit/debit card if you change your account information). Your membership will automatically renew for successive periods' subscriptions unless and until you cancel or freeze your membership or we terminate it. You must cancel or freeze your membership and return all outstanding movies before it renews in order to avoid billing of subscription fees to your credit/debit card.

Freezing an account
You can freeze your account for up to 180 days in total in any 12 month period. The start date for the freeze should be the day before you post outstanding movies back. This will avoid replacements being sent before the freeze takes effect. The freeze will activate once all outstanding movies are received in dispatch. Free triallists are not able to freeze their account. To freeze your account, click on "My Account" then choose "Freeze my account". Your account will automatically re-activate at the end of the freeze. You can manually stop the freeze earlier by going to 'My Account: Freeze my account'.

Expired or Invalid Credit/Debit Cards
Membership is dependent on your provision of a valid credit/debit card being available for charging each month. Should your credit/debit card expire, or reach its credit limit, we will send you notification to that effect. We may report payment or credit/debit card defaults or dishonours to a credit reporting agency as permitted by law.

If you have any difficulties with your credit limit, then we advise you to freeze your account (movies must be returned before freezing takes effect) and unfreeze when funds become available.

In all circumstances you must return all movies to us when you fail to make payment, to avoid unnecessary charges and potential legal action.

Delivery and Return of Movies
We currently use the Australia Post service, with postage prepaid for the delivery and return of the movies you have selected. Refer to Plans and Prices for details.

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 on delivery by Australia Post. Any delays in the Australia Post delivery times are outside the control of Kino. Kino, therefore, is not responsible for Australia Post postal delays or misdirected mail. Any issues relating to non-delivery of goods by Australia Post, their agents or contractors, are not the responsibility of Kino and should be taken up with Australia Post.

It is your responsibility to ensure that your address has been entered correctly, including your postcode. If you change address, you must update your address details in My Account to ensure that no movies are sent out to the wrong address. Please ensure this is done before you move as you will be liable for any movies posted to the wrong address. You may wish to use our Freeze facility during your move. Kino will charge you for any movies lost as a result of you not maintaining your account information.

It is your responsibility to provide a secure mailbox. Movies delayed, lost or received in a damaged condition in the post, should be reported using the 'Report a Problem' link in 'My Account'. Any report relating to the non-delivery of a movie should not be made until at least 7 business days from the date of issue. If the problem persists, you should also contact Customer Service and provide us as with many details as you have available. You should also consider opening a Post office box to ensure security of delivery. If it becomes obvious that the postal service in your area is excessively unreliable, we may have to charge replacement costs and/or cancel your subscription.

You agree to treat the movies and their associated packaging with the utmost care at all times. DVD handling instructions are printed on our packaging: please take the time to read them when handling our goods. On no account should our DVDs be played in gaming consoles as significant and identifiable damage can occur to discs.

You agree that you will keep an adequate number of titles selected for your Hitlist according to the advice in the emails you may receive.

For Kino subscribers, a ‘Quick Return’ feature allows you to indicate on the website that you have posted a disc back to us. We will then send the next available title from your Hitlist on the first dispatch date after notification, without waiting until we receive the disc back in dispatch. This feature is designed to significantly reduce the turn-around wait time between discs. The feature can be activated 48 hours after a title is dispatched to you. Kino reserves the right to disable this feature for subscribers who abuse the feature by, for example, not posting a disc back when claimed. The number of discs in ‘Quick Return’ at any one time cannot exceed the total discs out at a time for your chosen plan. Kino reserves the right to charge full replacement costs for any goods not received in dispatch within 14 days after the ‘Quick Return’ facility has been activated by a subscriber unless the subscriber has notified Kino of any delay.

You agree that if you give a gift subscription, that the total cost is paid in advance. The recipient must be at least 18 years of age, have a valid credit/debit card and functional email address. The recipient is responsible for any replacement costs for loss or damage to Kino stock incurred by the recipient as per conditions below.

You agree that you may need to compensate Kino for any movie lost or returned in an unacceptable condition (beyond reasonable wear and tear), and that you allow Kino to charge such compensation to your credit/debit card. A minimum charge of $29.95 per item, or the recommended retail price, whichever is the greater, will apply. Movies which are part of a set or series which are damaged or lost may incur full replacement costs of the entire set or series depending on availability of individual items. A proportion of Kino's stock, particularly the video library, is rare, hard to find or otherwise unavailable. In the event that item(s) are not available to be purchased for replacement, a surcharge of $50/item may be applied. We will notify you of any such charges by email.

Should a member withhold payment and fail to return movies when requested, then Kino reserves the right to pursue the member for the cost of these movies as described above and all associated legal and recovery expenses.

You agree, for premium titles which are in rare supply and/or high subscriber demand, that you will return the DVD to Kino within 7 days of an emailed or posted request for its return. Failure to respond to such a request may result in the charging of full replacement costs.

Cancellation
You may cancel your subscription to Kino at anytime via the website. It is essential to cancel via the Kino website to ensure that your payments are terminated in the proper manner. Please note the onus is on you to cancel.

To avoid being charged for the next month's membership, you must cancel your membership no later than 24 hours before your next payment date and before returning your movies so we do not send another. If you cancel mid-rental period, all outstanding discs must be returned prior to the next payment date to avoid being charged. If you cancel immediately before the next payment date, all outstanding movies must be returned within 7 calendar days to avoid further monthly payments and/or replacement charges.

To cancel, click the 'My Account' tab and follow the instructions under the heading 'Cancel my account'. No refunds or credits are given for any partial monthly or Advance Payment subscription periods. Failure to return movies will result in your credit/debit card being billed for such items as outlined in 'Delivery and return of movies' above.

Account Access
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 a user-friendly service, Kino stores a cookie (a small text file) on any computer you use to sign in to the Kino web site. When you revisit the Kino web site, this cookie streamlines your direct access to your account without requiring you to retype your sign-in information.
Disclaimers of Warranties and Limitations on Liability
The Kino web site and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the Kino web site or its contents. We assume no liability or responsibility for any errors or omissions in the content of the Kino web site, any failures, delays, or interruptions in the shipment of movies, delivery of any content contained on the Kino web site, any losses or damages arising from the use of the content provided on the Kino web site, or any conduct by users of the Kino web site. Displayed images do not necessarily reflect specific versions of titles available on this site. We reserve the right to deliver movies at our sole discretion. We are not liable for any possible incompatability of our movies with your equipment. 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 Kino, its 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 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.
Intellectual Property
You may use any Kino movies for your personal use (and that of your family and friends) only at the address shown on your account. Commercial exploitation or copying of our movies is not permitted.

Copyright

All content included on the Kino Web site, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Kino or its suppliers and is protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of Kino and protected by Australian and international copyright laws. They should not be reproduced or used without express written permission from Kino. All trademarks and logos on this site are the property of their respective owners.

Commercial Exploitation

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 Kino movies in any way, at any time.

Movie duplication

You agree not to make any unauthorized copies of any Kino movies.

Entertainment and Web Site Content
We distribute movie, television, and other audio-visual entertainment. In addition, the Kino web site 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 Kino web site are those of the respective authors or producers and not of Kino or its directors, officers, or employees. Under no circumstances shall Kino or its directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Kino web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Kino web site.

We permit you to post reviews on the Kino web site in accordance with the procedures established on the Kino web site and provided that the content is not illegal, obscene, libellous, threatening, defamatory or otherwise objectionable to us. 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 to remove or edit such content at anytime without notice.
Use of Information Submitted
Kino is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the Kino web site 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 Kino web site or other web sites. Furthermore, by posting any information on our site, you grant us a nonexclusive, royalty-free licence to display, use, reproduce, modify, delete or publish that information.
Your Conduct on the Kino web Site
By accessing the Kino web site, 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, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Kino web site. You also agree not to interfere with the servers or networks connected to the Kino web site or to violate any of the procedures, policies or regulations of networks connected to the Kino web site, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Kino web site, conduct yourself in a vulgar or offensive manner while using our service, or use the Kino web site for any unlawful purpose.
Limitations on Use
You must be 18 years of age or older to use the Kino service. Unless otherwise specified, the content on the Kino web site is for your personal and non-commercial use and we grant you a limited licence to access the Kino web site 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 Kino web site without our express written consent. Any unauthorized use of the Kino web site or its contents will terminate the limited licence granted by us.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, after prior notice, for any or no reason whatsoever. In the event that we do so we will give you 7 days to return our movies and failure to return these movies will incur charges, as described under 'Cancellation' above.
Applicable Law
Your use of this website is governed by, construed and enforced in accordance with the laws of South Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of South Australia, Australia.

Terms and Conditions last updated December 2018.