Xtra-Club Service Definitions
“Data Protection Acts” means the Data Protection Act 1988 and the Data Protection (Amendment) Act 2003;
“Xtra-Club Service” means the Xtra-Club service offered by Xtra-vision to qualifying residents in the Territory;
“The Territory” means Ireland;
“Xtra-Club Package” means an individual Xtra-Club Package offered as part of the Xtra-Club Service governed by the rules of that particular package, which rules will contain, but will not be limited to, the number of Rental Discs that a member may have on hire at one time, the Xtra-Club Service Fee, the types of Rental Discs that can be rented under the individual package;
“Xtra-Club Service Fee” means the regular periodic charge that will be debited from the Member’s debit or credit card associated with the Member’s Xtra-Club Package;
“Trial Period” means a period offered to you as a trial, you may cancel your membership before the expiration of your trial period subject to Clauses 9.1-9.3 below.
“Xtra-Club Member” means a person who has registered for, and has been approved, to join the Xtra-Club Service for which he/she/ has applied to join (and the terms “you”, “your”, “Member” and “Membership” shall be construed accordingly);
“Xtra-Club Service Fee Date" means the date on which the monthly Xtra-Club Service Fee is charged to your debit or credit card;
“Minimum Membership Period” means the minimum period for which you must remain a member and pay the Xtra-Club Service Fee after joining or re-joining the Xtra-Club Service. Your minimum period will be notified to you upon joining;
"Xtra-Club Package Rules" means the rules of the Xtra-Club Package to which you have applied to become a Member;
“Rental Discs” means rental media offered or rented to a Member as part of the Xtra-Club Service applicable to the Member. Where an individual rental transaction is comprised of a number of discs as a set, e.g. a “box set” then all discs and related packaging will be as if they were a single disc for the operation of these Terms;
“Xtra-vision” means Xtra-vision Entertainment Limited, with registered number 526619 and its registered address at Greenhills Road, Tallaght, Dublin 24 and with VAT number 3180151KH;
“Xtra-vision Account” means the account specifically assigned by Xtra-vision to the Member when the Member registers for an Xtra-Club Package.
1. Xtra-Club Service Terms and Conditions
1.1 These terms and conditions (the "Terms”) form a contract between you and Xtra-vision in relation to the Xtra-Club Service. You agree that on completion of your registration as a Member of the Xtra-Club Service, you would like Xtra-vision to immediately commence the provision of the Xtra-Club Service to you. Registration with the Xtra-Club Service entitles you to select one of the Xtra-Club Packages available from Xtra-vision in an Xtra-vision store or otherwise offered for the rental of a fixed or unlimited number of titles depending on your Xtra-Club Package in return for payment to Xtra-vision of the Xtra-Club Service Fee. The details of your chosen Xtra-Club Package, including your Xtra-Club Service Fee are available from your local Xtra-Vision store or from the Customer Service Team using the details in clause 9.2 below.
2. Becoming an Xtra-Club Member
2.1 You must provide Xtra-vision with details of your name, your postal address in the Territory, your mobile telephone number, e-mail address and payment card details. By doing so, you agree to be bound by these Terms and agree to Xtra-vision processing your personal details in accordance with the Data Protection Acts and Data Protection Notice set out below. If you do not agree to these Terms, you should not become an Xtra-Club Member.
2.2 You must also familiarise yourself with the provisions of Xtra-Club Package Rules for which you have applied. These are available from Xtra-vision stores and forms part of these Terms by reference. You may not rent Rental Discs in excess of your Xtra-Club Package on the same Xtra-vision Account.
2.3 Once your application for membership to any Xtra-Club Service has been approved, Xtra-vision shall begin to deduct from your credit or debit card the Xtra-Club Service Fee for the relevant Xtra-Club Package (Clause 6 below). Please note that all Xtra-Club Service Fees are taken in advance.
2.4 Xtra-vision reserves the right at its sole discretion to refuse any application for an Xtra-Club Package.
3. Age Restrictions
3.1 The Xtra-Club Service is only available to persons over the age of 18. If you are requesting a Rental Disc for any other person, you hereby confirm that the intended recipient of the Rental Disc is of the appropriate age to view such Rental Disc and that any minor's viewing of any Rental Disc(s) will be restricted by you in a manner consistent with any classification applied by the Irish Film Classification Office. If a child watches an age-restricted Rental Disc when they are not of the relevant age, they may become upset by the content of such Rental Disc. Xtra-vision urges you to act responsibly when choosing a Rental Disc for viewing by someone else and shall not under any circumstances be liable to you or any third party for any loss or damages arising from the breach by you of guidelines or classifications set out by the Irish Film Classification Office.
4.1 Xtra-vision may, from time to time, offer a trial for a specified period of any Xtra-Club Package as advertised on our website, in store or elsewhere ("Trial Period").
4.2 Any Trial Period will start immediately after you have successfully registered for the Xtra-Club Service and end on the date specified on your Xtra-Club registration form (the “Xtra-Club Registration Form”). Any trial is only available to new members of the Xtra-Club who and have successfully completed validation checks (pursuant to clause 7). Only one trial may be redeemed per Xtra-vision Account. The Xtra-vision Account to which Trial Period has previously been applied will not qualify for further trials, save at Xtra-vision’s sole discretion. Xtra-vision reserves the right to withdraw or cancel any trial offer at any time before or during the Trial Period, and the right to reject any application for a trial.
5. Use of a Website
5.1 If Xtra-vision offers a website to assist you in the management of your Xtra-Club Package, Xtra-vision will send a confirmatory e-mail to you, send a username and password to enable you manage your account on the website (the “Site”). You may not share this username or password with any third party. You are solely responsible for all use of and for protecting the confidentiality of your email verification, username and password. You must notify Xtra-vision immediately of any unauthorised use of them or any other breach of security regarding the Site that comes to your attention.
6. Payment of Xtra-Club Service Fees
6.1 You must pay the appropriate Xtra-Club Service Fee by credit or debit card and provide Xtra-vision with all the necessary details. Xtra-vision will charge the applicable Xtra-Club Service Fee monthly in advance directly to your credit or debit card. The first payment of the Xtra-Club Service Fee shall be made after you have successfully registered for the Xtra-Club Service and thereafter will continue to be charged on an agreed periodic basis, e.g. monthly, on the same date of each month UNLESS AND UNTIL you cancel the Xtra-Club Service in accordance with clause 9 below. We may offer additional payment methods at some future time, the rules relating to each payment method will be published when and if any are launched.
6.2 Xtra-vision does not provide refunds for cancellations that are part-way through a billing period or during the Trial Period. Where the Xtra-Club Service Fee Date does not recur in a particular month (e.g. 31st January, but no 31st February), you will be charged on the closest preceding date to the Xtra-Club Service Fee Date (e.g. 28th February) for that month.
6.3 Xtra-vision will inform you by email of any changes to the Xtra-Club Service Fee not less than 30 days in advance of any such changes. If you do not agree to such changes to the Xtra-Club Service Fee, please cancel your Xtra-Club Package in accordance with the cancellation provisions set out in clause 9 below. If you do not cancel your Xtra-Club Service, you will be deemed to have accepted the new changes, and any change to your Xtra-Club Service Fee will be charged to your credit or debit card accordingly.
6.4 You confirm that the payment card that is being used is your card and there are sufficient funds or credit facilities to cover the Xtra-Club Service Fee. You also confirm that the expiry date of your payment card allows for the Xtra-Club Service Fee to be charged to your credit or debit card. If Xtra-vision cannot charge the Xtra-Club Service Fee to your payment card, your membership to the Xtra-Club Service will be suspended or terminated. If you wish to change your card details, you may do so by using our website.
7. Validation Checks
7.1 All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the card issuer or transacting entity of your payment refuses to authorise payment to Xtra-vision, Xtra-vision will not be liable for any delay or non-availability of the Xtra-Club Service or refusal to you of the Xtra-Club Service or any delay or non-acceptance of changes requested by you to your Xtra-Club Package such as an upgrade. Xtra-vision reserves the right to require further proof of identification and age.
8. Return of Rental Discs
8.1 You must return Rental Discs to the Xtra-vision store from which they were rented in the same condition as they were given to you by Xtra-vision (fair wear and tear accepted). If damage is caused to any Rental Discs whilst rented to you or you lose any Rental Discs, you will be personally liable for any such loss or damage and you expressly authorise Xtra-vision to debit from your credit or debit card or other payment method an amount equal to the replacement cost of the Rental Discs(s).
9. Cancelling your Xtra-Club Service
9.1 By Xtra-vision:
In the event that your Xtra-Club Package is cancelled by Xtra-vision for a reason unrelated to your breach of these Terms, Xtra-vision will refund such of your pre-paid monthly Xtra-Club Service Fee that relates to the period after the date of cancellation on a pro rata basis. Xtra-vision reserves the right to cancel or suspend the Xtra-Club Service for any reason. However, in the event that Xtra-vision cancels your Xtra-Club Package, Xtra-vision will use all reasonable efforts to give you at least 7 days’ prior notice by emailing you at the most recent email address that you have provided to Xtra-vision (except where Xtra-vision cancels due to a breach of these Terms by you, in which case Xtra-vision is entitled to cancel without notice to you).
9.2 By You:
You may notify Xtra-vision of your wish to cancel your Xtra-Club Membership at any time by telephoning 1890 789789, if calling from the Republic of Ireland or 08458736244 if calling from Northern Ireland and speaking to a member of Xtra-vision’s Customer Service Team. Xtra-vision’s phones are manned Monday- Friday 9:00am - 5:30pm, outside of these hours, you may leave a voicemail and a member of Xtra-vision’s team will call you back. When you notify Xtra-vision of your wish to cancel the Xtra-Club Service, Xtra-vision will not take any further payments provided that your Minimum Membership Period has expired and you have returned all Rental Discs to Xtra-vision before your next Xtra-Club Service Fee Date. You may continue to use the Xtra-Club Service up to close of business on the day prior to your next Xtra-Club Service Fee Date. To avoid any further charges, you must ensure that all Rental Discs have been returned to the Xtra-vision store from which they were rented by close of business on the day immediately prior to the next Xtra-Club Service Fee Date. If you notify Xtra-vision of your wish to cancel your Xtra-Club Membership before the Minimum Membership Period has expired you must pay the Xtra-Club Service Fees that would be due to expiration of the Minimum Membership Period.
9.3 If you have notified Xtra-vision that you wish to cancel your Xtra-Club Service but you fail to return any Rental Discs to Xtra-vision by the next Xtra-Club Service Fee Date, Xtra-vision shall be entitled to charge you the appropriate Xtra-Club Service Fee until you return all Rental Discs to Xtra-vision. If you cannot return the Rental Discs to Xtra-vision in accordance with these Terms (for example, because they are lost or damaged) Xtra-vision reserve the right to charge you a charge up to the original retail value of the items that you have not returned in addition to all outstanding Xtra-Club Services Fees due up to the to the expiration of the Minimum Membership Period. In the event that you cannot return any items rented, in order to minimise the charges payable by you please contact the Xtra-vision Customer Services Team using the contact details in clause 9.2 below at the earliest time possible after you become aware of the issue. Xtra-vision will email you to confirm cancellation of your Xtra-Club Service. All references to ‘return’ or ‘returned’ in these Terms mean that Xtra-vision must have received and accepted such items. For further information about Xtra-vision’s cancellation policy and returning Rental Discs please see ‘Return of Rental Discs’, ‘Cancelling your Xtra-Club Service’ and ‘Care and Ownership - Rental Discs below.
9.3 You have no other cancellation rights except those expressly set out in these Terms and, unless Xtra-vision has otherwise expressly agreed, Xtra-vision has no obligation to refund to you any money paid to Xtra-vision under these Terms.
10. Failure of Payment
10.1 If Xtra-vision is unable to charge your debit, credit card or other payment method for Xtra-Club Service Fee Date and Xtra-vision has not received all Rental Discs in good condition within 7 days of the Xtra-Club Service Fee Date, Xtra-vision shall be entitled to charge you an amount up to the original retail value of such non-returned or damaged Rental Discs in addition to the Xtra-Club Services Fuees due to the expiration of the Minimum Membership Period. You agree that Xtra-vision may charge such cost to your nominated payment method. Xtra-vision will notify you of any such charges by email. You also acknowledge that Xtra-vision may engage a debt recovery agency or other legal methods in order to recover such unpaid amounts from you, including any costs and expenses incurred as a result of taking such action.
11. Care and Ownership - Rental Discs
11.1 You agree to take care of the Rental Discs and any accompanying packaging and/or documentation supplied with them, and to maintain all Rental Discs in good condition. Xtra-vision will remain the owners of the Rental Discs at all times.
12. Our Liability to You
12.1 Xtra-vision will make all reasonable efforts to ensure that all Rental Discs will correspond with their relevant description and that they will be of satisfactory quality and fit for the purpose for which they are rented (i.e. non-commercial, domestic use). Xtra-vision will carry out its obligations under these Terms with reasonable skill and care. Xtra-vision does not make any other representations or warranties about the Rental Discs or Xtra-vision’s performance of its obligations under these Terms.
12.2 Save in the case of death or personal injury caused by Xtra-vision’s negligence, or where Xtra-vision has acted fraudulently, Xtra-vision’s total liability to you for any losses suffered by you will never exceed the amount of your Xtra-Club Service Fee paid by you in any one month of your Xtra-Club Membership.
12.3 Xtra-vision accept no responsibility for any loss or damage caused by Xtra-vision (or Xtra-vision’s employees, agents or sub-contractors) where such loss is: a) not a foreseeable result to both you and Xtra-vision (as at the time that you submit your order) of a breach of the relevant legal duty by Xtra-vision; b) related to a business; or, c) related to loss or damage to premises or property unless caused by Xtra-vision’s gross negligence or wilful misconduct.
12.4 The above limitations on Xtra-vision’s liability do not affect your non-excludable statutory rights as a consumer.
12.5 You are responsible for the use of the Rental Discs that you obtain from Xtra-vision. Xtra-vision excludes all liability, to the extent permitted by law, for any losses or damages you suffer from your use or attempted use of Rental Discs in countries outside the Territory.
12.6 Except in respect of a payment obligation, neither Xtra-vision nor you will be liable to the other for any failure to perform any obligation owed to the other due to reasons beyond each party’s reasonable control, for example, industrial disputes, fire, storms, failings of the internet or public communications networks, or technical difficulties.
13. Further Obligations to Xtra-vision
13.1 You agree that you will use the Rental Discs for personal, private use. You agree that you will not use the Rental Discs for any commercial or illegal purpose or for any other purpose prohibited by these Terms. You agree to abide by the terms of any copyright or other notice contained on any Rental Discs, including for example the prohibition on a) copying any of the Rental Discs; b) renting or otherwise supplying them to third parties; or c) allowing minors to view unsuitable material. You must ensure that the health of viewers will not be adversely affected by the viewing of a Rental Discs (for example, epileptics watching films containing strobe lighting).
13.2 If you breach these Terms, your Xtra-Club Service shall terminate immediately without notice being given to you.
14. Variation of Terms and Assignment
14.1 In the event that Xtra-vision changes these Terms, Xtra-vision shall take all reasonable and appropriate steps to make you aware of such changes, for example, by prominently displaying the amended version in store or on our website, Xtra-vision.ie or xtra-vision.co.uk. If you do not agree to the Terms as amended, please cancel your Xtra-Club Membership in the manner set out in clause 9 above.
14.2 You agree that Xtra-vision may assign any of Xtra-vision’s rights and/or transfer, sub-contract or delegate any of Xtra-vision’s obligations under these Terms. Where Xtra-vision does so, Xtra-vision will take steps to ensure that it does not affect your ability to rely on the rights that you may have under these Terms. These Terms are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
15. Waiver and Severance
15.1 Any failure or delay by Xtra-vision in exercising any right or remedy under these Terms shall not prevent Xtra-vision from being able to enforce that, or any other right or remedy at a later time. If any provision of these Terms is held to be invalid or unenforceable by any court or other competent authority, all other provisions will remain in full force and effect.
15.2 If you have any complaints or queries concerning Xtra-vision’s service, the rental or purchase of any products from Our Site, technical problems etc, you can contact our Service Team by:
16.1 Except where you cancel your Xtra-Club Membership (which you must do by contacting the Customer Service Team by one of the means above) Notice will be deemed received either when an email is received in full or else on the next business day if it is received on a weekend or public holiday in the place of receipt or three days from the date of posting where any notice is posted.
17. Governing Law and Jurisdiction
17.1 These Terms are governed by and shall be construed in accordance with Irish law and the Irish Courts shall have the exclusive jurisdiction to deal with any dispute which may arise out of or in connection with these Terms.
Data Protection Notice for the Xtra-Club Service
1. While you are a Member, it is necessary for Xtra-vision to collect and process personal data relating to you (your “Personal Data”). Xtra-vision will use your Personal Data to administer your account and for all purposes which are reasonably incidental to your relationship with Xtra-vision. Xtra-vision may use your Personal Data in connection with loyalty schemes and to provide other value added services. Xtra-vision may also contact you for marketing purposes, subject to any preferences expressed in the Xtra-Club Registration Form.
2. As part of Xtra-vision’s drive to ensure the highest level of customer satisfaction, Xtra-vision may review details of your usage patterns in aggregate and anonymous form to assist in identifying overall customer trends and preferences. Xtra-vision may also look at your specific usage patterns so that we can provide you with marketing information which is more tailored to your individual preferences.
3. From time to time, Xtra-vision may disclose your Personal Data to third parties acting on our behalf in connection with the activities referred to above, in accordance with and to ensure compliance with these Terms. Xtra-vision has appropriate contractual arrangements with such third parties to ensure that your Personal Data remains safe and secure and is only processed by such third parties in accordance with Xtra-vision’s instructions.
4. Xtra-vision may keep your details for a reasonable period after you cancel your Xtra-Club Membership but shall not keep it for any longer than is necessary and only for use for the purposes mentioned above.
5. You are entitled to access a copy of your Personal Data and to have any inaccurate or misleading data amended or erased. If you would like to avail of these rights please write to us at: Xtra-vision Head Office, Greenhills Retail Park, Greenhills Road, Tallaght, Dublin 24. Please also inform Xtra-vision if any of your details change (e.g. address, phone, e-mail).
6. Xtra-vision makes use of CCTV for security purposes. Signs informing you of this are displayed in all Xtra-vision stores where CCTV is in operation and Xtra-vision will only retain CCTV images for as long as it is legally entitled to do so.
7. Xtra-vision also refers to any subsidiaries or holding company of Xtra-vision or any subsidiary of such holding company and their respective legal successors or assigns from time to time.