Terms and Conditions:

Terms of Service

These Terms of Service are a legal agreement ("the Agreement") between you and Best Buy Canada Ltd. (“Best Buy”) stating the terms that govern your use of Best Buy Kiosks (the "Service"). Please read the entire Agreement carefully. You must accept and abide by the terms of the Agreement as presented in order to use the Service. Changes, additions, deletions or counteroffers will not be accepted. If you do not agree to the terms of the Agreement, do not use the Service.

Best Buy may from time to time amend, supplement or modify the terms of the Agreement. It is your responsibility to check the Terms of Service or Agreement (available at Best Buy Kiosks and online at http://www.moviekiosk.bestbuy.ca) periodically for changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. If you do not agree to be bound by the Agreement as changed or amended, you must stop using the Service.

1. Terms of Use.

Your use of the Service, and any purchases and/or rentals of media items, including but not limited to DVDs, Blu-ray DVDs, and video games (hereinafter “Goods”) made through or in connection with the Service are subject to the provisions of this Agreement.

2. User Account and Service Security.

Account and Password. As a user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else, and must not use, or attempt to access or use anyone else's Account. You are entirely responsible for all purchases and other activities that occur on or through your Account, and you agree to immediately notify Best Buy of any unauthorized use of your Account or any other breach of security. You, and not Best Buy, are solely responsible for any losses arising out of unauthorized use of your Account.

3. Goods Rental.

When you rent Goods through or in connection with the Service, you will be charged a Goods rental fee (“Rental Fee”) for the Rental Period (hereinafter defined). The Goods Rental Fee will appear on the Kiosk display screen, before the Kiosk prompts you to provide of swipe your payment card, and before you complete the rental transaction through the Kiosk. The Rental Period begins when you complete the rental transaction at a Kiosk (“Start”) and ends at 7pm (local time) on the date following the Start Date (“End”). If you do not return rental Goods to a Kiosk as of the end of the Rental Period, or the end of each Additional Rental Period (hereinafter defined), you agree that Best Buy may charge to you, and you agree to pay to Best Buy, the Rental Fee for each Additional Rental Period. The Rental Fee for Additional Rental Periods is posted on the “wings” of the Kiosk. Please review this information carefully before you rent any Goods through the Service. Notwithstanding anything to the contrary, Best Buy will not charge Rental Fees, and you are not required to pay to Best Buy any Rental Fees (for a single rental item), as of the beginning of the tenth consecutive Rental Period. Provided that you paid to Best Buy all Rental Fees due and owing, as of the beginning of the tenth consecutive Rental Period, you shall be deemed to have purchased the rental Good, and the rental Good shall be yours to keep.

For purposes of the Agreement, each 24 hour period following the end of a Rental Period shall be considered to be an Additional Rental Period.

In addition, and notwithstanding anything to the contrary, when you rent Goods through or in connection with the Service, you will be charged for, and agree to pay, any applicable taxes related to the rental.

You agree that you may only rent up to 5 Goods at any one time.

Rental Goods may be returned to any Best Buy Kiosk. For a list of Kiosk locations please visit http://www.moviekiosk.bestbuy.ca.

If a Good is returned damaged (as determined by Best Buy in its sole discretion), without its original box, packaging, or other product or information, Best Buy may assess to you, and you agree to pay, additional fees in an amount not to exceed the replacement value of the Good.

At the time of rental, Best Buy will seek an authorization from your payment card company equal to the Rental Fee (plus applicable taxes) for the Rental Period for each Good that you rent. If the authorization is received, the actual charge to your account at the time of the rental will only be for the Rental Fee (plus applicable taxes) for the initial Rental Period. Best Buy is authorized to charge your card for any additional Rental Fees, Rental Fees for or related to Additional Rental Periods, Goods replacement fees, and any other fees that you incur in connection with the Service or the Agreement. You agree to provide Best Buy with an alternate, valid payment card if any Rental Fees or other fees incurred in connection with the Service are declined for any reason. If your payment card is declined, Best Buy reserves the right to charge to you interest for overdue charges at the then-highest current rate allowable on British Columbia contracts. Finally, you agree to pay all collection fees, including but not limited to reasonable attorneys fees, incurred by Best Buy to collect amounts due and owing to Best Buy in connection with the Agreement or Service.

4. Online Reservation for Rental Goods.

You may reserve Goods for rental by utilizing Best Buy’s online Goods reservation system, which is available at http://www.moviekiosk.bestbuy.ca. If you reserve Goods for rental, Best Buy will hold the reserved item for pick up by you until 12 a.m. on the date you place the reservation. If you reserve Goods for rental, but do not retrieve reserved Goods within the aforementioned timeline or period, Best Buy will charge to you, and you agree to pay, the Goods Rental Fee for the initial Rental Period. The charge is in consideration of Best Buy holding the Good(s) for you and not releasing it for rental to another customer.

5. Goods Purchase.

You may purchase Goods through or in connection with the Service for the Goods purchase price (“Goods Purchase Price”). The Goods Purchase Price will appear on the Kiosk display screen after you select the title or Good that you wish to purchase. If you purchase Goods through or in connection with the Service you will also be charged for, and agree to pay, any applicable taxes related to the purchase.

All sales of Goods in connection with the Service are final. Best Buy does not accept returns of Goods purchased through the Service. Notwithstanding the foregoing, if Best Buy determines (at its sole discretion) that Goods purchased through the Service are defective, Best Buy may exchange the defective Goods for non-defective Goods. Customers wishing to exchange Goods purchased through the Service must contact Best Buy at 1-866-Best-Buy within 30 days of the date of the transaction that relates to the defective Goods.


6. Electronic Communications.

When you rent or purchase Goods through the Service, you may request to receive an email receipt of your rental or purchase. By requesting an email receipt, you consent to receive electronic communications from us. These communications may include notices, disclosures, agreements, product specials, discounts and promotions. If you do not wish to receive any communications, you may elect to unsubscribe to all communications via the Website link provided in non-transactional email communications to you. If you terminate your subscription to non-transactional communications, you will no longer receive transaction receipts via email from us.

7. Security & Privacy.

Except as otherwise expressly provided in this Agreement, the Service is subject to Best Buy’s Privacy Policy, which is hereby incorporated into the Agreement by this reference. Best Buy’s Privacy Policy is posted online at http://www.moviekiosk.bestbuy.ca. Best Buy reserves the right to change its privacy policy at any time, except as may be prohibited by law. Changes or revisions to the Best Buy Privacy Policy will be posted online at http://www.moviekiosk.bestbuy.ca.

8. Age Requirement for use of the Service.

The Service is available only for individuals who are eighteen (18) years of age. Best Buy is relying on your representation that you are at least 18 years of age; Best Buy would not enter this Agreement with you and would not allow you to access the Service but for your representation that you are at least 18 years of age. If you are under the age of 18, you may use the Service only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If you are a parent or legal guardian entering into this Agreement for the benefit of an individual under the age of 18, be advised that you are fully responsible for the individuals use of the Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the Service.

9. Electronic Signatures and Contracts.

Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and to pay for such purchases and/or rentals. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on this Service.

10. Intellectual Property.

Trademarks. Best Buy service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Best Buy. You are granted no right or license with respect to any of the aforesaid trademarks and/or any use of such trademarks.

11. Termination.

Best Buy, in its sole discretion, reserves the right to modify, suspend or discontinue the Service at any time and in any way, in whole or in part, with or without notice, and with no liability to you. Best Buy further reserve the right, in its sole discretion, to terminate this Agreement with you and/or your use of the Service (or any part thereof) at any time, with our without notice, for any or no reason. In particular, if you fail, or Best Buy suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Best Buy with a valid payment card or with accurate and complete Registration Data (hereinafter defined), or failure to safeguard your Account information, Best Buy, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under or in connection with the Service; and/or (ii) preclude access to the Service (or any part thereof).

12. Survival. The provisions of Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18 and 19 will survive termination of this Agreement.

13. General Compliance with Laws.

You agree to comply with all local, provincial, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

14. No Responsibility for Third-Party Materials or Web sites.

Certain content, Goods, and services available via the Service may include materials from third parties. You acknowledge and agree that Best Buy is not responsible for examining or evaluating the content or accuracy of any such third-party material. Best Buy does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials, or for any other materials, Goods, or services of third parties.

15. Disclaimer of Warranties; Limitation of Liability.

BEST BUY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OR ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME BEST BUY MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. BEST BUY DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, “WORMS”, “TROJAN HORSES”, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION OR HARMFUL COMPONENTS, AND BEST BUY DISCLAIMS ANY LIABILITY RELATING THERETO.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL GOODS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF WARRANTIES MAY NOT APPLY TO YOU.

BY USING THE SERVICE, YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST BEST BUY IN CONNECTION WITH YOUR USE OF THE SERVICE AND THE KIOSKS. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BEST BUY, ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, OR WORK STOPPAGE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BEST BUY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BEST BUY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (1) THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE OR (2) $100.

16. Waiver and Indemnity.

By using the Service, you agree to indemnify and hold Best Buy, and its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this Agreement, and/or your use of the Service.

17. Changes.

Best Buy reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following the posting of changes will mean that you accept and agree to the Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

18. Governing Law; Remedies.

These Terms of Use, your access and use of the Service, and the relationship between you and Best Buy is governed by the laws of the Province of British Columbia, without giving effect to its conflicts of laws provisions. You and Best Buy agree to submit to personal and exclusive jurisdiction of the Courts of British Columbia sitting in the City of Vancouver. This Section will not be construed to limit a party’s access to injunction or other equitable or mandatory injunctive relief in any other jurisdiction or affect the rights of a party to enforce a judgment or award outside of the Province of British Columbia, including the right to record and enforce a judgment or award in any other jurisdiction.

Regardless of any statute or law to the contrary, any claim or cause of action (whether arising in contract or tort, law or equity) by you arising out of related to the Terms of Use, the use of Service, or the relationship between you and Best Buy must be filed within one (1) year after such claim or cause of action arose or be forever barred.


19. Miscellaneous.

This Agreement constitutes the final and entire agreement between you and Best Buy related to the subject matter hereof, and supersedes any prior agreements between you and Best Buy relating to the subject matter of the Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Best Buy’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. Best Buy will not be responsible for failures to fulfill any obligations due to causes beyond its control.

20. Your Information.

You agree to provide accurate, current, and complete information required to register with the Service and at other times as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Best Buy may terminate your right to use any or all of the Service if any information you provide is false, inaccurate or incomplete as determined by Best Buy in its sole discretion. You agree that Best Buy may store and use the Registration Data you provide for use in providing the Service. Use of your Registration Data is subject to the terms of Best Buy’s Privacy Policy.

21. Questions

If you have any questions or comments regarding the Service or the Kiosks, or require assistance in using the Kiosks, please contact Best Buy Customer Care at 1-866-BEST BUY.

22. English Language.

This Agreement and all related documents have been drawn up in the English language at the express wish of the parties. Le présent contrat et tous les documents reliés ont été redigés en langue anglaise à la demande expresse des parties.