Terms of Use
Welcome to Rogers Video Direct! These Terms of Use govern your use of the Rogers Video Direct website and services. The website and services are provided to you by Rogers Cable Communications Inc. and our third-party service provider, Zip.ca Inc. (Collectively “Rogers Video Direct”). By visiting the Rogers Video Direct website and subscribing to our online DVD rental service, you agree to the following terms of use. Please read them carefully.
Rogers Video Direct reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" hyperlink located at the bottom of the pages of the Rogers Video Direct website. The most current version of the Terms of Use will supersede all previous versions. Your use of the Rogers Video Direct website and/or services after changes are made means that you agree to be bound by such changes.
Any information submitted on the Rogers Video Direct website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.
Customers must be at least 18 years of age or older, be a resident of Canada with a valid Canadian address, and have a valid credit card in order to join Rogers Video Direct. You agree to provide true, accurate, current and correct information about yourself. You also agree to maintain and update your information on Your Account page.
Rogers Video Direct uses Canada Post, first class postage pre-paid, to deliver rented DVDs to and receive rented DVDs from you. Return postage of rented DVDs is paid by Rogers Video Direct. Actual delivery times may vary depending on (i) our inventory availability, (ii) your delivery address, (iii) when you place your order, and (iv) circumstances impacting delivery by Canada Post. We will send you an email letting you know when we have shipped your DVD and the anticipated time of delivery. Rogers Video Direct is not responsible for delayed or misdirected mail.
We encourage the use of our service through introductory offers and promotions ("Promotional Offer(s)"). A Promotional Offer entitles you, during the term of your Promotional Offer, to the same service provided to our paying members. A Promotional Offer is available to new first-time members only and is not available in conjunction with any other offer. Members or former members of Zip.ca Inc. are not eligible for a Promotional Offer. You must have Internet access and a valid credit card to commence a Promotional Offer.
Previous members do not qualify for a Promotional Offer period. Only one Promotional Offer may be redeemed per household or per individual. Subsequent Promotional Offers at the same mailing address, or by the same individual, or by another member of the same household will be permitted only at the discretion of Rogers Video Direct. Any attempt to obtain an additional Promotional Offer without authorization by Rogers Video Direct by any means, including, but not limited to, the provision of false or misleading information, will result in the immediate cancellation of your Promotional Offer and membership and such further action against you as Rogers Video Direct deems necessary, including, but not limited to, being charged for any and all Promotional Offers at double the normal membership rate and the institution of civil and/or criminal proceedings. You can find the specific details regarding your Promotional Offer by visiting the Your Account page and clicking on Membership Details.
If your Promotional Offer is a free trial period, unless otherwise specified by the Promotional Offer which you are eligible to receive, we will begin billing your credit card for monthly membership fees for the Rogers Video Direct plan you have subscribed to at the end of the free trial period unless you suspend your DVD rental account prior to the end of the free trial. YOU MUST SUSPEND YOUR DVD RENTAL ACCOUNT PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES TO YOUR CREDIT CARD. Please note that upon registering for your free trial, your credit card will be preauthorized for $30 which is reserved on your credit card for a limited time. No charges, however, will be made against the credit card unless you do not suspend your DVD rental account prior to the end of your free trial period.
During the life of your membership, we will continue to bill your credit card on a monthly basis for the Rogers Video Direct standard DVD rental plan (or such other membership plan offered by Rogers Video Direct which you select) until your rental membership is suspended and all Outstanding Rentals are returned to Rogers Video Direct. “Outstanding Rentals” are those rentals listed as currently out to you in your ZipList. The Rogers Video Direct standard DVD rental program is a month-to-month membership that allows members to rent as many DVDs as they want in a month, with the number of DVDs they have out at any one time determined by the plan they choose, with no late fees or due dates and free shipping both ways, subject to shipping thresholds as may be published by Rogers Video Direct from time to time. Any shipments of DVDs over and above the published thresholds shall be billed to you at the then published rates. In addition to the standard plan, Rogers Video Direct offers alternative plans to meet your viewing needs and budget. You can find specific details on all plans offered by Rogers Video Direct by visiting the Your Account page and clicking on Membership Details. Should you choose an alternate plan, the plan will take effect on the next monthly renewal date for your membership.
Your Rogers Video Direct DVD rental membership may be suspended indefinitely or for a specific term at any time subject to the terms herein. Visit the Your Account page for suspension instructions.
Each customer who signs up for the in-store coupon option will receive two (2) coupons per month valid for any movie rental (except adult). Each coupon will be valid for that same calendar month, although they cannot be used during the same visit. Customers must sign up for a Rogers Video rental account in order to redeem the coupons. All conditions for in-store rentals apply including extended viewing charges.
The coupons will be accessed through the my account section and must be printed out and brought in-stores in order to redeem. Coupons are valid for one-time use only per listed member account at any Rogers Video location in Canada. The member account name printed on the coupon and the Rogers Video account name must be same. You must be a current member of Rogers Video Direct in order to redeem the coupons. Not valid in combination with any other discount or offers. COUPONS MAY ONLY BE REDEEMED ONE AT A TIME on the members account. The coupons may not be exchanged for cash, sold, transferred or reproduced.
You acknowledge that all DVDs are the property of Rogers Video Direct. You may not copy or alter any rented DVD in any way. You acknowledge that Rogers Video Direct has no right to grant a license or any intellectual property right whatsoever in the work embodied in any rented DVD or in the performance thereof. You agree to limit your use of all rented DVDs to performing the DVD in a private non-commercial setting. You acknowledge that it is your sole responsibility to obtain all requisite permission from the owner of the copyright if you chose to perform or authorize the performance of the work embodied in any rented DVD in a manner other than a private non-commercial setting.
Rental requests are fulfilled Monday to Friday. We will send you a confirmation email when you return a DVD and when we send you another DVD. You can view current rental items by visiting My ZipList.
Please handle the DVDs with care so as not to damage them. Do not use any type of solution on Rogers Video Direct DVDs. Never keep DVDs in direct sunlight or heat. Always keep the DVDs in their rental sleeves when not in use. You undertake to treat the DVDs and their packaging with the utmost care at all times. Please report damaged DVDs to Rogers Video Direct immediately through the Your Account page or by checking the appropriate spot on their rental sleeve. Rogers Video Direct reserves the right to charge the current retail price for any DVD that is not returned to Rogers Video Direct upon termination of membership or which is returned in a non re-usable condition (reasonable wear and tear excepted). The price charged will equal to the retail price posted on major online retail websites in Canada. Rogers Video Direct will contact you to discuss this before charging your credit card or debiting your chequing account.
Occasionally you may misplace a rented DVD. If you have lost a DVD, you must report it lost to Rogers Video Direct as soon as possible. Rogers Video Direct will charge your account for the retail value of the DVD and continue providing future rentals on an ongoing basis. Should you refuse to pay the retail value of the DVD which you have lost, Rogers Video Direct may suspend or cancel your membership in its sole discretion and take such steps as necessary to recover the cost of the lost DVD, including, but not limited to, the institution of legal proceedings against you. Refusing to pay for a DVD which you have lost will be considered a material breach of these terms of use.
Occasionally rented DVDs may be stolen in transit. Rogers Video Direct treats reports of such incidents very seriously, and requires completion of a Stolen DVD Form, to assist authorities in investigating such incidents and to minimize future occurrences. A copy of this form will be provided to the Canada Post Corporation and to police authorities for investigation. In cases where DVDs have been reported stolen, Rogers Video Direct reserves the right to suspend service until a Stolen DVD Form has been completed, whereupon Rogers Video Direct may, in its sole discretion, resume service and send a replacement of the Stolen DVD, discontinue service indefinitely, or suspend your membership and charge you the retail price of any DVD that is stolen. Rogers Video Direct will contact you to discuss this before charging your credit card or debiting your chequing account.
You may change your membership plan at any time by visiting the Your Account page. As a member of Rogers Video Direct, you agree to pay a monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of Rogers Video Direct, including, but not limited to, any additional shipping costs. You also agree that we are permitted to charge your credit card, or at your election debit your chequing account, a monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of Rogers Video Direct. In the event that you choose to pay your monthly membership fee by debiting your chequing account, you agree that we are permitted to charge your credit card in the event your debit transaction is not authorized for any reason whatsoever, including insufficient funds in your chequing account. Rogers Video Direct Your membership will automatically renew for successive months, without prior notice to you, unless and until you suspend your DVD rental membership and return to Rogers Video Direct all Outstanding Rentals or we terminate it. You must suspend your DVD rental membership and return all Outstanding Rentals before your membership renews in order to avoid billing of monthly membership fees to your credit card. The membership fee will be billed at the beginning of your membership (following any free trial) and on each monthly renewal thereafter unless and until you suspend your DVD rental membership. Visit the Your Account to see the commencement date of your membership with Rogers Video Direct and for your next renewal period. We will automatically charge your credit card or debit your chequing account 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 your credit card on the last day of such month. For example, if you became a member on January 31st, your card would be billed on February 28th. All fees and charges are nonrefundable. 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 change your method of payment, use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your payment information by visiting the Your Account page. In the event you fail to pay the monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of Rogers Video Direct, Rogers Video Direct may take all remedies against you to collect such fees owed and may recover from you all costs and expenses incurred by Rogers Video Direct to collect such fees, including reasonable attorney’s fees and expenses and such fees and expenses incurred by Rogers Video Direct personnel in the collection of such fees.
Rogers Video Direct reserves the right, at any time, to suspend the membership of any member with or without reason in Rogers Video Direct's sole discretion. If such suspension takes place during a billing period for a reason other than a breach of these terms of use by the member, Rogers Video Direct will refund any pre-paid membership for a Partial Membership Period at the time of suspension.
You agree that your failure to abide by any provision of these terms of use may be considered by Rogers Video Direct to be a material breach of these terms of use and that we may provide to you a written notice to the last e-mail address for you on record with Rogers Video Direct describing this breach to you. If within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to Rogers Video Direct, that you have not breached these terms of use, Rogers Video Direct may suspend your membership without further notice. Rogers Video Direct will not refund any membership fees paid by you prior to the suspension of your membership for breach of these terms of use. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.
Rogers Video Direct respects and protects the intellectual property rights associated with the DVDs. Accordingly, and notwithstanding the foregoing, Rogers Video Direct will charge you the retail value of the DVD if Rogers Video Direct becomes aware, as determined in its sole discretion, that you have copied, altered or performed the DVD in a manner that violates the terms of use herein. Rogers Video Direct further reserves the right to suspend the membership of any member who copies, alters or performs the DVDs in a manner which violates the terms of use herein.
Upon cancellation of your membership, you will be given seven business days to return any outstanding rentals. Failure to return such rentals will result in your credit card or chequing account being charged the retail value for such items.
By accessing this website or sending electronic mail to Rogers Video Direct you are communicating with Rogers Video Direct electronically and by doing so, you agree to receive communications from Rogers Video Direct electronically, including any notice required to be provided pursuant to these terms of use.
Unless otherwise specified, all content on the Rogers Video Direct website is for your personal and non-commercial use and we grant you a limited license to access the Rogers Video Direct website 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 Rogers Video Direct website without our express written permission. Any unauthorized use of this website or its contents will terminate the limited license granted by us.
THE MATERIALS, INFORMATION AND SERVICES PROVIDED AT THIS WEBSITE AND THROUGH THE ROGERS VIDEO DIRECT PROGRAMS DESCRIBED HEREIN ARE PROVIDED "AS IS" AND 'AS AVAILABLE", AND ROGERS VIDEO DIRECT, EXCEPT AS OTHERWISE PROHIBITED BY LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ROGERS VIDEO DIRECT DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON OR AVAILABLE THROUGH THIS SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OR AVAILBLE THROUGH THE ROGERS VIDEO DIRECT WEBSITE OR ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED OR MADE AVAILABLE HEREIN, OR FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE. ROGERS VIDEO DIRECT ASSUMES NO LIABILITY WHATSOEVER FOR THE PUBLIC PERFORMANCE OR THE AUTHORIZATION OF SUCH A PERFORMANCE OF ANY WORK EMBODIED IN ANY RENTAL DVD.
PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
WHILE ROGERS VIDEO DIRECT TAKES GREAT CARE TO ENSURE OUR ADVERTISING IS ACCURATE, MISTAKES MAY OCCUR. WHEN A MISTAKE IS NOTICED WE WILL CORRECT IT AS SOON AS POSSIBLE. WHERE NECESSARY, AN ORDER MAY BE CANCELLED PRIOR TO SHIPPING THE PRODUCT.
ALL PRICES QUOTED ARE IN CANADIAN DOLLARS.
ROGERS VIDEO DIRECT RESERVES THE RIGHT TO LIMIT QUANTITIES.
In no event shall Rogers Video Direct or other third parties identified at this website be liable to any party for any special, direct, indirect, incidental or consequential damages of any kind, or any damages whatsoever, including without limitation, damages resulting from loss of use, data or profits or business interruption, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use, inability to use, or the results of use of this website, any websites linked to this site, or the materials or information or services contained or available herein, whether based on warranty, contract, tort, statute or any other legal theory. If your use of the materials, information or services from this website result in the requirement to service, repair or correct equipment or data, you assume all costs and risks.
You agree to release, indemnify and hold Rogers Video Direct, our contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorney’s fees and expenses, relating to or arising from your membership or use of your membership or any Rogers Video Direct services. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by Rogers Video Direct to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from your membership or use of your membership or any services offered by Rogers Video Direct, you will reimburse us, at a reasonable rate, for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response.
The advertisements on this website are invitations to participate in the free trial and membership plan by signing up and submitting your orders, and are not offers to sell or rent DVDs. Your fully and properly completed and submitted order constitutes your offer to rent DVDs, and your submitted order shall be deemed accepted by Rogers Video Direct only upon Rogers Video Direct providing an order acceptance notice to your email address.
Copyright © 2004, 2005 Zip.ca Inc, All rights reserved. The trade-marks ROGERS and ROGERS VIDEO DIRECT are the property of Rogers Video Direct Inc. and are protected by Canadian and international trade-mark laws. All content on the Rogers Video Direct website, including without limitation graphics, text, logos, video clips and software is provided to Rogers Video Direct Inc. under license and is protected by Canadian and international intellectual property laws. Any infringement of the rights in such a property will be protected by enforcement through the courts if necessary.
The Rogers Video Direct website allows you and other third parties to post reviews, ratings and 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 Rogers Video Direct website are those of the respective authors or producers and not of Rogers Video Direct Inc. or its partners, shareholders, directors, officers, or employees. Under no circumstances will Rogers Video Direct Inc. or its partners, shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Rogers Video Direct website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Rogers Video Direct website. We permit you to post reviews on the Rogers Video Direct website in accordance with the procedures established on the Rogers Video Direct website and provided that the content is not illegal, obscene, threatening, defamatory or otherwise objectionable to us. In posting such content, you agree not to use a false email address or otherwise mislead us or others regarding the origin of such content. We do not regularly review the content posted on the Rogers Video Direct website; however, we reserve the right to remove or edit such content at anytime without notice.
Rogers Video Direct Inc. is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the Rogers Video Direct 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 Rogers Video Direct website or other websites. Furthermore, by posting any information on our site, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information.
By accessing the Rogers Video Direct website, 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 Rogers Video Direct website. You also agree not to interfere with the servers or networks connected to the Rogers Video Direct website or to violate any of the procedures, policies or regulations of networks connected to the Rogers Video Direct website, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Rogers Video Direct website, conduct yourself in a vulgar or offensive manner while using our service, or use the Rogers Video Direct website for any unlawful purpose.
Some of the hyperlinks on the Rogers Video Direct website may lead to other websites that are not controlled by, or affiliated with, Rogers Video Direct Inc. In addition, other websites may link to the Rogers Video Direct website. Rogers Video Direct has not reviewed these websites and is not responsible for the content or privacy policies of these websites.
We offer for sale on the Rogers Video Direct website various Gift Memberships redeemable for the Rogers Video Direct service. These Gift Memberships are subject to the terms and conditions set forth on the "Gift Membership" page.
This website is administered from the offices of Zip.ca Inc. in Ottawa, Ontario, Canada. Access to the materials or services from territories where the contents of this website are illegal is prohibited. You may not use or export or re-export the materials or services at this website or any copy or adaptation in violation of any applicable laws or regulations including, but not limited to, U.S. export laws and regulations. If you access this website, you do so on your own initiative and risk and you are responsible for compliance with all applicable local laws.
You are authorized to view the materials on this website for personal, informational and non-commercial uses only. Reproduction without the express written permission of Rogers Video Direct is strictly prohibited. Unauthorized use of any materials at this website may violate copyright, trade-mark and other laws. If you breach any of the terms of use and legal restrictions, your authorization to use this website automatically terminates.
The terms of use set out herein are governed by and will be construed in accordance with the laws of the Province of Ontario and federal laws of Canada, as applicable, without giving effect to any principles of conflicts of laws. You agree that any and all actions, suits, claims or applications relating in any way to these Terms of Use or to any services offered by Rogers Video Direct will be brought and heard in Ottawa, Ontario.
Last Modified: February 27, 2006
