By visiting the Fatso website, by signing this agreement, or by subscribing to our on-line DVD rental service, you agree to the terms of this agreement and to such changes as may be made from time to time to these terms. The current terms of your agreement are displayed on the Fatso website. Fatso reserves the right to change these terms at any time by posting new terms on its website. Fatso will endeavour to provide notice of any changes, unless indicated otherwise in the terms. You will be deemed to have accepted such new terms if you use the Fatso website or Fatso services after such changes take effect. The term "DVD" includes Blu Ray discs and such other media as we may adopt from time to time.
Information which you provide
By joining Fatso you confirm and agree that:
You are at least 18 years of age;
Throughout the term of the agreement you will provide and maintain a valid credit card or a valid direct debit authority or any other payment method approved by us ("approved payment method");
That the information you have provided is true, accurate, current and correct;
You will maintain and keep that information up to date in the My Account section of the website;
You will not disclose to any other person your password and other login information and that you will take full and personal responsibility for any activity which occurs in respect of your account (whether or not you have disclosed your login information to any other person);
In the event that you suspect that your account has been or might be interfered with, without your authority, you will notify Fatso and change your password immediately.
Any notice or other communication to you may be by email to your email address as notified to us. Notices will be deemed served once they have been sent from Fatso's mail server irrespective of whether the email is received.
Information about you which we obtain through your use of Fatso services, is subject to our Privacy Policy which you may view on our website.
You have registered using your true legal identity and have not previously operated a separate Fatso account.
Getting started
Once you have completed the registration process and registered as a member, your membership will be come active immediately, subject to you complying with our terms and conditions.
Free trial
If you are on a free trial:
To avoid being charged your first monthly subscription after the free trial period, you must cancel your account before the free trial ends, and return all currently rented DVDs in accordance with the cancellation provisions set out in clause 4.1;
If you have not so cancelled, your subscription will be debited automatically and you will become a full subscribing member according to your selected pricing plan and your first month's subscription will be debited immediately upon the expiration of the trial period;
Only one introductory free trial is permitted per household;
If you change your deal or suspend the service while on a free trial, you forfeit any benefits relating to the trial.
We reserve the right to terminate any free trial without notice. You will be required to return all DVDs immediately.
What Fatso will do
Forwarding DVDs to you
Fatso will use New Zealand Post or some other delivery service of its choosing to deliver DVDs to you. You must allow usual New Zealand Post delivery times, and Fatso is not responsible for any delayed or misdirected mail. Rental requests are fulfilled Monday to Friday and we will update the 'DVDs at home' section of the website with the current status of dispatched discs. We will include a postage paid envelope for the return of the DVDs.
Supply of DVDs
Fatso will use its best endeavours to supply DVDs in accordance with your rental queue. However individual titles are subject to availability. If we are unable to supply you with a requested DVD then we will endeavour to send you another one from your rental queue. You can view your currently rented DVDs by visiting the 'DVDs at home' section of the website.
The terms of your chosen plan are set out on our website. If you change your membership plan, the change will take effect on your next billing date.
Returning DVDs
You agree to return all DVDs in the freepost envelopes provided. If you lose the freepost envelope you must return the DVD at your own expense or request a replacement envelope to be sent to you. Fatso will not be responsible for any delays caused by having to provide a replacement envelope. Fatso may request the return of any DVD at any time and you will then post it to us promptly.
Fatso will update your rental history and 'DVDs at home' section of the website when it receives back a DVD from you. In the event that you have posted a DVD to us and we have not indicated that we have received that disc, then you must advise us as soon as possible.
A DVD is deemed returned when we receive that DVD at our postal address and have logged the DVD as returned in our dispatch system.
What you will do
Payment of subscription
You will pay your subscription in advance at the beginning of your subscription period and monthly thereafter, or other such period as specified in the terms of your selected payment plan. Until you cancel, Fatso will charge your subscription calculated on a periodical basis in accordance with the terms of your selected payment plan. You can view your historical payments by visiting Billing History;
If your monthly subscription is not paid within 7 days of the due date, we may engage our debt recovery agent to recover any unpaid subscription, any charges relating to unreturned discs, administration charges, or any other applicable charges including any collection costs and/or legal fees incurred as a result;
The subscription rate for your membership package may be viewed on our website. Fatso may change the subscription rate at any time.
One off fees such as purchase fees for DVDs offered for sale must be paid immediately at the time of purchase.
Subscriptions fees are non refundable.
Lost or damaged DVDs
Fatso endeavours to send out undamaged DVDs. While they are in your care and control, you will handle them with care so as to ensure that they do not become damaged or go missing;
In the event that a DVD becomes damaged or goes missing, or is not returned when requested, Fatso may charge to your approved payment method the recommended retail price, purchase price or replacement cost, which ever is the higher, of each damaged, missing or not returned DVD;
If you receive a DVD in damaged condition you will notify us promptly;
Suspension or cancellation of membership
Suspension or Cancellation by the Member
You may cancel your Fatso subscription at any time by contacting Fatso directly on 0800 232 876. Cancelling your account will stop additional DVDs being dispatched to you. The cancellation will take effect and billing will stop once all your currently rented DVDs have been received by Fatso (but we may still send you (including by electronic means) news, information or promotional material which we believe may be of interest to you, until you unsubscribe to receiving that material). There are no refunds or credits for partial monthly subscription periods;
You may suspend your membership by advising us through the Fatso website. The suspension will take effect and billing will stop once all your currently rented DVDs have been received by Fatso. While your membership is suspended we will not send you any DVDs (but we may still send you (including by electronic means) news, information or promotional material which we believe may be of interest to you, until you unsubscribe to receiving that material). You will not be charged a monthly subscription so long as you have returned to us all rented DVDs.
Fatso's right to suspend or cancel
Fatso may at any time cancel or suspend your membership with effect from your next monthly subscription payment day.
If the information provided by you to Fatso is untrue and inaccurate, not current or incomplete, or if you are otherwise in breach of the terms of this Agreement, Fatso may at any time cancel or suspend your membership with immediate effect, and refuse any and all current and future use of the Fatso service. In that event you will not be entitled to a refund of any part of your monthly subscription.
Return of DVDs on suspension or cancellation
Upon suspension or cancellation of your membership (whether by you or by us) you will immediately return all DVDs. If any DVDs are not returned in undamaged condition within 7 days of the cancellation or suspension, we may charge you the recommended retail price, purchase price or replacement cost, of the DVD which ever is the higher and/or continue to charge you a subscription fee until the discs are returned.
Sale to you of DVDs
Fatso may from time to time offer DVDs to you for sale. Unless otherwise stated, such offer will be of DVDs previously rented by us to our customers, and are therefore available in an "as is" condition and subject to such damage as may have been suffered by them while rented. Each DVD is sold without its case or cover.
If you accept any offer, the purchase price and postage cost (if any) will be charged immediately using your approved payment method.
Protection of Intellectual Property
Copyright
Copyright in the material on the website is owned by Fatso unless otherwise indicated. You may view the site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for your own personal non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the contents of the site are strictly prohibited.
Intellectual Property in DVDs
You may use the DVDs solely for non-commercial home viewing at your given address. You must respect and comply with all intellectual property rights of any person in respect of the DVDs.
Trademarks
All trademarks, logos, images, product and company names referred to in this website are the property of their respective owners. You may not use these means of identification for any purpose.
Access to website
You will access the website and use it solely for its intended purpose and you will not interfere with it or create any connection to it or link to it without the express written permission of Fatso.
Members' Reviews
Fatso permits members to post reviews on its website and submit suggestions, ideas, comments, questions or other information. Members may not submit content which is, or might be construed to be, illegal, obscene, threatening, defamatory, an invasion of privacy, infringing any other person's intellectual property rights or otherwise injurious to third parties, or objectionable. Fatso reserves the right (but not the obligation) to remove or edit such content.
Use of members' material
Any opinions, advice, statements, or other information submitted by members on the Fatso website are those of the respective authors and not of Fatso. Fatso will not be held liable for any loss or damage caused by the reliance by any person on information obtained through the Fatso website. You should rely on your own judgment to evaluate the information, opinion, advice, or other content available through the Fatso website. If you review or submit material to Fatso, you grant it a non-exclusive, royalty free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, distribute and display such content, and use it so as to modify or improve the Fatso website.
Ownership of Fatso
Fatso is owned by Screen Enterprises Limited and is the trading name of that company. Every reference in this agreement, on the website, or otherwise to Fatso is a reference to Screen Enterprises Limited.
Disclaimers
Problems beyond our control
Fatso will not be liable for any failure or unavailability of our service, including the website, which are beyond our reasonable control. In any other event, our liability will be limited to a refund, or partial refund, of your monthly subscription calculated by reference to the period during which the service was unavailable.
Linked websites
Linked websites are not under the control of Fatso and we are not responsible for the conduct of companies linked to our website. Those links are provided for convenience only and may not remain current or be maintained. Links to those websites should not be construed as an endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other sites unless specifically stated.
