Acceptance of Terms of Use

By using and/or visiting this website (collectively, including all Content available through Zip.tv, Zip.ca, Inc. and any successors of Zip.ca and any entities controlled by Zip.ca, collectively "Zip.ca ", the Zip.ca domain name, the "Zip.ca Website", or "Website" or "Site "), you signify your assent to both these terms and conditions (the "Agreement") and the terms of Zip.ca Inc.'s Privacy Policy and which are incorporated herein by reference.

This Agreement describes the terms and conditions under which you may use the Site. This Agreement constitutes a legally binding agreement between Zip.ca Inc. (and any successors of Zip.ca and any entities controlled by Zip.ca, collectively "Zip.ca"), and you, the user of the Site (hereinafter "you, " and collectively with other users of the Site, "User " or "Users "). If you use the Site as an employee of, on behalf of, or for the benefit of your employer or other entity, you represent to Zip.ca that you have the power and authority to accept this Agreement on behalf of your employer or company. You and your company will be deemed Users under this Agreement. If you do not agree to this Agreement or if you do not have the power and authority to accept this Agreement on behalf of your company, you may not use this Site and Zip.ca is unwilling to grant you access to the Site. Zip.ca may revise this Agreement at any time by updating this Agreement on the Site. You agree that your continued use of the Site after such modifications constitutes your acceptance of the revisions to the Agreement. By accessing the Site you acknowledge that you have read and understood this Agreement. This Agreement was last revised on October 17, 2011

If you do not agree to any of these terms or any part of this Agreement, then you will not use the Zip.ca Website.

Zip.ca Online^TM / Requirements

You must be at least 18 years of age or older. You agree to provide true, accurate, current and correct information about yourself. You also agree to maintain and update your information on your My Account page.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

As the Zip.ca Website is not intended for children under 13, if you are under 13 years of age, then please do not use the Zip.ca Website—there are lots of other great web sites for you. Talk to your parents about appropriate sites.

To join Zip.ca Online DVD Rental you must be a resident of Canada with a valid Canadian address, and have a valid credit card.

DVD PLAN

Membership Plans

During the life of your membership, we will continue to bill your credit card on a monthly basis for the Zip.ca Online standard DVD rental plan (or such other membership plan offered by Zip.ca Online which you select) until your rental membership is suspended and all Outstanding Rentals are returned to Zip.ca Online. "Outstanding Rentals" are those rentals listed as currently out to you in your ZipList. The Zip.ca Online 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 Zip.ca Online from time to time. Any shipments of DVDs over and above the published thresholds shall be billed to you at the then published rates. Any shipments below the published thresholds may not be carried forward to subsequent months. In addition to the standard plan, Zip.ca Online offers alternative plans to meet your viewing needs and budget. You can find specific details on all plans offered by Zip.ca Online by visiting your My Account page and clicking on Membership Details. Should you choose an alternate plan, the plan will take effect immediately and you may be charged a fee for the difference in increasing your plan for the remainder of your billing period, however no partial refunds or credits will be provided for the difference in lowering your plan.

Your Zip.ca Online DVD rental membership may be suspended indefinitely or for a specific term at any time subject to the terms of this Agreement. Visit your My Account page for suspension instructions.

Membership Fees and Billing

You may change your membership plan at any time by visiting your My Account page. As a member of Zip.ca Online, you agree to pay a monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of Zip.ca Online. 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 Zip.ca. In the event your credit card fails because it has expired, as a courtesy we will automatically update your card's expiry date. 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. In such instances, your monthly membership fees will be charged to your credit card therein. 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 Zip.ca Online 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 your My Account to see the commencement date of your membership with Zip.ca Online 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 always give you advance notice of these changes on the website, and sometimes also 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 your My 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 Zip.ca Online, Zip.ca Online may take all remedies against you to collect such fees owed and may recover from you all costs and expenses incurred by Zip.ca Online to collect such fees, including reasonable attorney's fees and expenses and such fees and expenses incurred by Zip.ca Online personnel in the collection of such fees.
In addition to monthly membership plan fees, you agree to pay a $1 charge for each Blu-ray rental received (commencing November 1st, 2011) as well as charges related to “Gotta Have It” rentals, shipments above your threshold (applicable on Limited Plans) and any other additional service fees as indicated on Zip.ca.

Right to Suspend by Zip.ca

Zip.ca Online reserves the right, at any time, to suspend the membership of any member with or without reason in Zip.ca Online's sole discretion. If such suspension takes place during a billing period for a reason other than a breach of this Agreement by the member, Zip.ca Online 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 this Agreement may be considered by Zip.ca Online to be a material breach of this Agreement and that we may provide to you a written notice to the last e-mail address for you on record with Zip.ca Online 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 Zip.ca Online, that you have not breached this Agreement, Zip.ca Online may suspend your membership without further notice. Zip.ca Online will not refund any membership fees paid by you prior to the suspension of your membership for breach of this Agreement. 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.

Zip.ca Online respects and protects the intellectual property rights associated with the DVDs. Accordingly, and notwithstanding the foregoing, Zip.ca Online will charge you the retail value of the DVD if Zip.ca Online becomes aware, as determined in its sole discretion, that you have copied, altered or performed the DVD in a manner that violates this Agreement. Zip.ca Online further reserves the right to suspend the membership of any member who copies, alters or performs the DVDs in a manner which violates this Agreement.

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.

Delivery of DVDs

Zip.ca Online 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 Zip.ca Online. 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. Zip.ca Online is not responsible for delayed or misdirected mail.

Plans, Introductory Offers and Promotions

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 Rogers Video Direct 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 Zip.ca Online. Any attempt to obtain an additional Promotional Offer without authorization by Zip.ca Online 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 Zip.ca Online 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 your My Account page and clicking on Membership Terms.

If your Promotional Offer is a free trial period, or a predetermined number of free Zip.ca rentals, unless otherwise specified by the Promotional Offer which you are eligible to receive, we will continue to send your ZipListed titles and will begin billing your credit card for monthly membership fees for Zip.ca's most popular 3 DVD Unlimited plan (unless your plan was changed by contacting member services) at the end of the Promotional Offer period. If you do not wish to continue on as a paying member of Zip.ca, you must cancel your DVD rental account prior to the end of your Promotional offer. 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. This is not a charge and will only appear temporarily.
Please note, Zip.ca Free Trials and/or Promotional Offers include the rental of DVDs. Blu-ray discs are also available to members on Free Trials and/or Promotional Offers, at a cost of $1 per Blu-ray rental. By agreeing to these Terms, you agree to incur any charges related to Blu-ray rentals. Such fees will be applied to the credit card provided upon sign up and billed monthly on your next billing date, as indicated in the “My Account” section of the Zip.ca website.

Zip.ca Fair Usage Policy

Our Unlimited rental plans are designed without any rental caps on them so you can watch as many movies and TV shows as possible in a month. In order to ensure our members enjoy the best service possible, Zip.ca may limit access to certain benefits such as ZipRefill, Pre-shipments, etc for members on Unlimited rental plans with excessive usage. Zip.ca may also give priority to those that have lower shipments in the form of priority in shipping, assignment of titles, etc.

Copying or Altering DVDs

You acknowledge that all DVDs are the property of Zip.ca Online. You may not copy or alter any rented DVD in any way. You acknowledge that Zip.ca Online 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.

Fulfilling Rental Requests

DVD 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.

Caring for Rented DVDs, Damaged Rental DVDs

You agree and undertake to:

1. handle the DVDs with care so as not to damage them
2. not use any type of solution on Zip.ca Online DVDs
3. never keep DVDs in direct sunlight or heat
4. always keep the DVDs in their rental sleeves when not in use
5. to treat the DVDs and their packaging with the utmost care at all times.
6. to report damaged DVDs to Zip.ca Online immediately through your ZipList page.

Zip.ca Online reserves the right to charge the current retail price for any DVD that is not returned to Zip.ca Online 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. Zip.ca Online will email you before charging your credit card or debiting your chequing account.

Lost DVDs

Occasionally you may misplace a rented DVD. If you have lost a DVD, you must report it lost to Zip.ca Online as soon as possible. Zip.ca Online 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, Zip.ca Online 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 this Agreement.

Stolen DVDs

Occasionally rented DVDs may be stolen in transit. Zip.ca Online 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, Zip.ca Online reserves the right to suspend service until a Stolen DVD Form has been completed, whereupon Zip.ca Online 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. Zip.ca Online will contact you to discuss this before charging your credit card or debiting your chequing account.

Gift Memberships

We offer for sale on the Zip.ca website various Gift Memberships redeemable for the Zip.ca service. Anyone may purchase a Gift Membership. Gift Memberships are non-refundable. Gift Memberships are not redeemable or refundable for any cash. Gift Memberships are valid and redeemable up to and including two years from the date of purchase. Gift Memberships are valid only in Canada. Gift Memberships cannot be combined with any other special or free offers except for the introductory free trial period as described in the General Terms of Use. The recipient of a Gift Membership must have a valid credit card to activate the Gift Membership. Gift Memberships and their use are subject to our full general Terms of Use.

ZipRewards

Zip.ca Online rewards its active members through the distribution of ZipRewards points which may be redeemed for free gifts and free DVD rentals. Only active members are eligible to receive ZipRewards. Zip.ca Online reserves the right to change limit, refuse to award, suspend or cancel the ZipRewards program at any time with, or without notice. Abuse of the ZipRewards system will result in disqualification from redemption.

ZipRewards are not transferable nor are they redeemable for cash. If a member's rental account is suspended, the member's ZipRewards may be suspended or lost. ZipRewards are subject to the terms and conditions set forth on the "ZipRewards " page. Zip.ca Online reserves the right to change or alter the ZipRewards program at any time.

Purchase of New or Used DVDs

Zip.ca Online offers a selection of new and used DVDs for sale. At this time, Zip.ca Online cannot accept orders by telephone, fax or e-mail. All orders must be placed online using a valid credit card. Sorry – Zip.ca Online does not currently sell to non-Canadian residents or ship DVDs outside of Canada and does not accept alternate methods of payment.

Zip.ca Online uses Canada Post to ship all DVDs via first class mail. 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. Zip.ca Online is not responsible for delayed or misdirected mail.

In the event the purchase price of the DVD (plus applicable taxes and any other charges you incur) cannot be collected with the credit card information you have provided, or in the event of non-payment, reversal of payment or charge back by a credit card company or other payment provider, Zip.ca Online may take all remedies against you to collect such fees owed and may recover from you all costs and expenses incurred by Zip.ca to collect such fees, including reasonable attorney's fees and expenses and such fees and expenses incurred by Zip.ca Online personnel in the collection of such fees.

Zip.ca Online wants you to be completely happy with your purchase. If you are not completely satisfied with any new DVD purchased through Zip.ca Online, you may return the DVD for a full refund within thirty (30) days of the day your order shipped subject to the terms and conditions set forth in our Return Policy.

Advertisement of Programs are Not Offers to Sell or Rent

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 Zip.ca Online only upon Zip.ca Online providing an order acceptance notice to your email address.

ENTERTAINMENT AND WEBSITE CONTENT

The Zip.ca Online 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 Zip.ca Online website are those of the respective authors or producers and not of Zip.ca Inc. or its shareholders, directors, officers, or employees. Under no circumstances will Zip.ca Inc. or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Zip.ca Online website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Zip.ca Online website. We permit you to post reviews on the Zip.ca Online website in accordance with the procedures established on the Zip.ca Online 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 Zip.ca Online website; however, we reserve the right to remove or edit such content at anytime without notice.

Use of Information Submitted

Zip.ca Inc. is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the Zip.ca Online 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 Zip.ca Online 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.

Your Conduct on the Zip.ca Online Website

By accessing the Zip.ca Online 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 Zip.ca Online website. You also agree not to interfere with the servers or networks connected to the Zip.ca Online website or to violate any of the procedures, policies or regulations of networks connected to the Zip.ca Online website, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Zip.ca Online website, conduct yourself in a vulgar or offensive manner while using our service, or use the Zip.ca Online website for any unlawful purpose.

Links

Some of the hyperlinks on the Zip.ca Online website may lead to other websites that are not controlled by, or affiliated with, Zip.ca Inc. In addition, other websites may link to the Zip.ca Online website. Zip.ca Online has not reviewed these websites and is not responsible for the content or privacy policies of these websites.

User Generated Video

Zip.ca Online Website

This Agreement apply to all users of the Zip.ca Online Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Zip.ca Online Website may contain links to third party websites that are not owned or controlled by Zip.ca Online. Zip.ca Online has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Zip.ca Online will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Zip.ca Online from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Zip.ca Online Website and to read the terms and conditions and privacy policy of each other website that you visit.

Website Access

A. Zip.ca Online hereby grants you permission to use the Website as set forth in this Agreement, provided that:

1. your use of the Website as permitted is solely for your personal, non-commercial use;
2. you will not copy or distribute any part of the Website in any medium without Zip.ca Online's prior written authorization;
3. you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and
4. (iv) you will otherwise comply with the terms and conditions of this Agreement.

B.In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Zip.ca Online immediately of any breach of security or unauthorized use of your account. Although Zip.ca Online will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Zip.ca Online or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Zip.ca Online servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Zip.ca Online grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Zip.ca Online reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Content.

Posting Video to Zip.ca Online. You may submit your video to Zip.ca Online. All uploaded video will be made publicly available. Zip.ca Online does not monitor uploaded video, but reserves the right to delete without prior notice if content is found to be objectionable at Zip.ca Online's sole discretion.

You agree not to submit a video or any material that:

1. your use of the Webs,
2. is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or is otherwise inappropriate;
3. that could misrepresent Zip.ca Online;
4. is an advertisement or solicitation of business;
5. is intended to impersonate another person;
6. is harmful to minors;
7. makes or provides instructional information about illegal activities, such as making or buying illegal weapons or illegal substances; or
8. violates any third party's privacy;
9. is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post such material to Zip.ca Online.

User Content

A. The Zip.ca Online Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Content") and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content are published, Zip.ca Online does not guarantee any confidentiality with respect to any submissions.

B. You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with User Content, you affirm, represent, and/or warrant that:

1. you own or have the necessary licenses, rights, consents, and permissions to use and authorize Zip.ca Online to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Website and this Agreement; and
2. you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Website and this Agreement.

For clarity, you retain all of your ownership rights in your User Content. However, by submitting the User Content to Zip.ca Online, you hereby grant Zip.ca Online a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Zip.ca Online Website and Zip.ca's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Zip.ca Online Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Zip.ca Online Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Website and under this Agreement. The foregoing license granted by you terminates once you remove or delete a User Content from the Zip.ca Online Website.

C. In connection with User Content, you further agree that you will not:

1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Zip.ca Online all of the license rights granted herein;
2. publish falsehoods or misrepresentations that could damage Zip.ca Online or any third party;
3. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
4. post advertisements or solicitations of business:
5. impersonate another person. Zip.ca Online does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Zip.ca Online expressly disclaims any and all liability in connection with User Content.

Zip.ca Online does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Zip.ca Online will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. Zip.ca Online reserves the right to remove Content and User Content without prior notice. Zip.ca Online will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Content removed from the Website more than twice. Zip.ca Online also reserves the right to decide whether Content or a User Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Zip.ca Online may remove such User Content and/or terminate a User's access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.

D. In particular, if you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification including:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All communications should be directed to Zip.ca Online customer service through http://www.zip.ca/help. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your notice may not be valid.

E. You understand that when using the Zip.ca Online Website, you will be exposed to User Content from a variety of sources, and that Zip.ca Online is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Zip.ca Online with respect thereto, and agree to indemnify and hold Zip.ca Online, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

License to Zip.ca Online.

By submitting video or any other material to Zip.ca Online, you hereby grant Zip.ca Online a worldwide, non-exclusive, royalty-free, irrevocable, sublicenseable and assignable license to use, reproduce, distribute, make derivative works of, publicly perform and publicly display your video on the Site, and to distribute your video (and derivative works thereof) in multiple media formats and through any media channels.

Intellectual Property Rights

The content on the Zip.ca Online Website, except all User Content (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Zip.ca Online, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Zip.ca Online reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Zip.ca Online Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Zip.ca Online Website or the Content therein.

ZipRatings, Comments and Tags

Users may place or otherwise associate comments with video. Such comments may misrepresent your video, may rate your video, or may be otherwise disparaging, defamatory, embarrassing, or unfavorable. Zip.ca Online does not review, control or monitor comments placed by users and you hereby disclaim any liability for the same.

Placement and Distribution of Content

You agree that Zip.ca Online shall have the right to include or otherwise associate advertising, promotional, and other content with video. You hereby waive and agree never to assert against Zip.ca any moral rights that you may have in your video during and after the term of this Agreement.

GENERAL

Electronic Communications

By accessing this website or sending electronic mail to Zip.ca Online you are communicating with Zip.ca Online electronically and by doing so, you agree to receive communications from Zip.ca Online electronically, including any notice required to be provided pursuant to this Agreement.

Limitations on Use

Unless otherwise specified, all content on the Zip.ca Online website is for your personal and non-commercial use and we grant you a limited license to access the Zip.ca Online 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 Zip.ca Online website without our express written permission. Any unauthorized use of this website or its contents will terminate the limited license granted by us.

Disclaimers

THE MATERIALS, INFORMATION AND SERVICES PROVIDED AT THIS WEBSITE AND THROUGH THE ZIP.CA ONLINE PROGRAMS DESCRIBED HEREIN ARE PROVIDED "AS IS" AND 'AS AVAILABLE", AND ZIP.CA ONLINE, 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. ZIP.CA ONLINE 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 ZIP.CA ONLINE 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. ZIP.CA ONLINE 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 ZIP.CA ONLINE 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 UNLESS OTHERWISE INDICATED.

ZIP.CA ONLINE RESERVES THE RIGHT TO LIMIT QUANTITIES.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE ZIP.CA ONLINE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ZIP.CA ONLINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ZIP.CA ONLINE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ZIP.CA ONLINE WEBSITE. ZIP.CA ONLINE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ZIP.CA ONLINE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZIP.CA ONLINE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

In no event shall Zip.ca Online, its affiliates and/or parent, or any of their officers, directors, employees, agents or shareholders 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.

IN NO EVENT SHALL ZIP.CA ONLINE, ITS AFFILIATES AND/OR PARENT, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ZIP.CA ONLINE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT ZIP.CA ONLINE, ITS AFFILIATES AND/OR PARENT, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT SHALL ZIP.CA ONLINE, ITS AFFILIATES AND/OR PARENT, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS BE LIABLE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES FORMORE THAN TWENTY NINE CANADIAN DOLLARS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION

Indemnity

You agree to release, indemnify and hold Zip.ca Online, its affiliates and/or parent, or any of their officers, directors, employees, agents or shareholders and assigns (in this section, also "we ") 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 Zip.ca Online 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 Zip.ca Online 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 Zip.ca Online, 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.

You agree to defend, indemnify and hold harmless Zip.ca Online, its affiliates and/or parent, or any of their officers, directors, employees, agents or shareholders and assigns against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Zip.ca Online Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Zip.ca Online Website.

Copyright and Trade Marks

Copyright © 2004 - 2006 Zip.ca Inc. All rights reserved. All content on the Zip.ca Online website, including without limitation trademarks, graphics, text, logos, video clips and software remain the property of Zip.ca Inc. or its suppliers 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.

Right to Suspend by Zip.ca Online

Zip.ca Online reserves the right, at any time, to suspend or terminate the membership of any member with or without reason in Zip.ca Online's sole discretion, subject to any specific provisions applicable to any particular Zip.ca Online membership.

Miscellaneous

The Website is controlled and offered by Zip.ca Online from its facilities in Ontario, Canada. Zip.ca Online makes no representations that the Zip.ca Online Website is appropriate or available for use in other locations. Those who access or use the Zip.ca Online Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

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.

The Agreement 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 this Agreement or to any services offered by Zip.ca Online will be brought and heard in Ottawa, Ontario Any claim or dispute between you and Zip.ca Online that arises in whole or in part from the Zip.ca Online Website shall be decided exclusively by a court of competent jurisdiction located in Ottawa, Ontario, Canada.

You agree that:

1. the Zip.ca Online Website shall be deemed solely based in Ottawa, Ontario, Canada; and
2. the Zip.ca Online Website shall be deemed a passive website that does not give rise to personal jurisdiction over Zip.ca Online, either specific or general, in jurisdictions other than Ottawa, Ontario, Canada.

This Agreement, together with the Privacy Notice and any other legal notices published by Zip.ca Online on the Website, shall constitute the entire agreement between you and Zip.ca Online concerning the Zip.ca Online Website. YOU AND ZIP.CA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ZIP.CA ONLINE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any term of this this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Zip.ca Online's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Zip.ca Online reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes.

Your use of the Zip.ca Online Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

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 Zip.ca Online is strictly prohibited. Unauthorized use of any materials at this website may violate copyright, trade-mark and other laws. If you breach any of this Agreement and legal restrictions, your authorization to use this website automatically terminates.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Zip.ca Online without restriction.

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1. INTRODUCTION

In this Service Agreement (the “Agreement”), “you” and “your” refer to each user or customer, and “we”, “us” and “our” refer to On Location Kiosk Inc. This Agreement explains our obligations to you, and your obligations to us in relation to the products (“Products”) and services (“Services”) that you rent (“Rent” or “Rental”), use or purchase from our kiosks (“Zip.ca Kiosk”). This Agreement applies regardless of whether you have paid for such Rental or if you have received a free Rental as part of any trial program or promotion.

2. FEES AND PAYMENT

(a) Each time you Rent a Product from a Zip.ca Kiosk, you must swipe a credit card (VISA, MasterCard or AMEX). By swiping a credit card, you certify to us that:
   (i) you have reached the age of majority in your province of residence;
   (ii) the credit card you are using is legally issued to you;
   (iii) you agree to this Agreement; and
   (iv) you are using the Product for home entertainment purposes only, and will not reproduce, broadcast, transmit or publicly perform the content or otherwise use the Product in any way that would infringe the rights of any third party.
(b) You may not Rent a Product if:
   (i) the pre-authorization is rejected by your credit card issuer;
   (ii) you have more than three (3) Products currently Rented using the same credit card; or
   (iii) you are doing anything that is a breach of this Agreement.
(c) To ensure the return of our Products, you authorize us to obtain a credit card pre-authorization in the amount of thirty ($30.00) each time you Rent a Product.
(d) As consideration for each Product you Rent, you agree to pay us the rental fee (the “Rental Fee”) that is displayed at the Zip.ca Kiosk at the time of Rental per each 24 hour period or part thereof (a “Day”). The beginning of the rental period is calculated from the instant the Product is dispensed from the Zip.ca Kiosk and ends when the Product is returned. In the event of the Daylight Savings time changes, you must return the rental one hour earlier than it is due in the fall, and you have one hour more before you must return it in the spring. The machines count 24 hours as per GMT time. The Rental Fee is not pro-rated and you must pay the full Rental Fee for each Day or part Day; for example, a Rental period of 25 hours would constitute two Days. You are not required to pay any Rental Fee if you return the Product to the Zip.ca Kiosk within ten (10) minutes from the instant that the Product is dispensed. Otherwise, the Rental Fee is not refundable under any circumstances.
(e) If you have entered a valid promotion code into the Zip.ca Kiosk for a free or reduced Rental Fee, your Rental Fees will be waived or reduced during the specified promotional period, and normal Rental Fees will begin accruing at the end of such promotional period. But for the reduced or waived Rental Fees during the promotional period, all other terms and conditions of this Agreement apply to you. Any promotion codes must be entered at the time of Rental. Promotion codes cannot be retroactively applied to past Rentals.
(f) If you return the Product within twenty-five (25) Days of when you Rented it, your credit card will be charged the Rental Fee, multiplied by each Day or part Day during the rental period. Returns are accepted at any Zip.ca Kiosk.
(g) If you do not return the Product within twenty-five (25) Days, you will be deemed to have purchased the Product. On the end of the twenty-fifth (25th) Day, the credit card you used to Rent the Product will be charged a replacement fee of fifty dollars ($50.00).
(h) No returns will be accepted, and no refunds of any fees will be provided, after twenty five (25) Days.
(i) You are responsible for all fees for Rental or purchase of Products. You must reimburse to us all costs and expenses (including reasonable legal fees) we incur to collect such fees.
(j) Should you choose to purchase a Product, or if you are deemed to have purchased a Product as contemplated in this Agreement, the purchase is on an “as is” basis. Your credit card will be charged at the time you purchase the Product. We expressly disclaim, to the extent permitted by law, all representations, warranties, conditions and guarantees relating to the Product.
(k) All fees and prices are exclusive of sales, goods and services / harmonized and value-added taxes.
(l) When you Rent or purchase a Product from a Zip.ca Kiosk, you will receive an e-mail receipt if you provided an email address.

3. DAMAGED PRODUCTS

Without limiting anything else in this Agreement, you will be deemed to have purchased the Product if:
(a) the Product is returned damaged, including any tampering or damage to the radio-frequency identification sticker on the Product; or
(b) You do not return the original box or other materials that were included in the box when you Rented the Product.

4. MODIFICATIONS TO AGREEMENT

Except as otherwise provided in this Agreement, you agree that we may, without notice to you:
(a) revise the terms and conditions of this Agreement, including the return policy;
(b) change the Services and Products provided under this Agreement at any time; and
(c) change the Rental Fee or other fees paid by you.
Any change will be binding and effective immediately after the revised Agreement is posted by Zip.ca Kiosk. You must agree to the then-current terms in order to Rent or purchase a Product or use our Services.

5. Privacy

We consider your privacy to be of utmost importance. Our personal information practices are governed by our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy on our Website at (www.Zip.ca) to understand our practice.

We and our affiliates may also use (but will not disclose) your email to promote and market additional goods, services and special offers to you that we believe will be of interest. You can elect not to receive such information by exercising the opt-out shown at the time your email address is requested, or by calling us at 1.888.947.5467.

We may collect your information, such as Rental or purchase history, and aggregate it with other data for statistical purposes, and share such aggregated data with our affiliates. However, you cannot be identified by such aggregate data.

6. DISCLAIMER and limitation of liability

ALL PRODUCTS AND SERVICES RENTED, SOLD OR PROVIDED FROM OUR ZIP.CA KIOSKS ARE PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, GUARANTEES, WARRANTIES OR CONDITIONS OF ANY KIND WITH RESPECT TO THE PRODUCTS (INCLUDING THE CONTENT OF SUCH PRODUCTS), SERVICES AND THE ZIP.CA KIOSKS INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE HAVE NO RESPONSIBILITY FOR ANY PATENT OR LATENT DEFECTS IN ANY PRODUCTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT PROVIDED BY OR THOUGH OUR ZIP.CA KIOSKS OR FOR ANY CONTENT IN ANY PRODUCT RENTED OR SOLD FROM OUR ZIP.CA KIOSKS, OR ANY FAILURES, DELAYS, INTERRUPTIONS IN OUR SEVICE(S). IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR ZIP.CA KIOSKS IS ACCURATE COMPLETE OR CURRENT.

IN NO EVENT SHALL WE, OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUCCESSORS AND ASSIGNS BE LIABLE (JOINTLY OR SEVERALLY) UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING FOR LOSS OF USE, DATA OR PROFITS, OR DAMAGE TO EQUIPMENT, regardless of the form of action or the theory of liability, ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS (INCLUDING THE CONTENT OF SUCH PRODUCTS), SERVICES OR THE ZIP.CA KIOSKS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE.

THE TOTAL AGGREGATE LIABILITY, IF ANY, OF US, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUCCESSORS OR ASSIGNS, FOR ANY AND ALL LOSSES OR DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE PRODUCTS (INCLUDING THE CONTENT ON SUCH PRODUCTS), SERVICES OR THE ZIP.CA KIOSKS, INCLUDING WITHOUT LIMITATION, DAMAGES FOR BREACH OF CONTRACT, DAMAGES FOR INJURIES TO PERSONS (INCLUDING DEATH) OR PROPERTY, REGARDLESS OF THE FORM OF ACTION OR THE THEORY OF LIABILITY, IS LIMITED TO THE RENTAL FEE. THE RIGHT TO RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IS YOUR EXCLUSIVE REMEDY.

7. SEVERABILITY

You agree that the terms and conditions of this Agreement are severable. If any term or condition is declared invalid or unenforceable by a court of competent jurisdiction, that term or condition will be deemed to be invalid only to the extent of such invalidity or unenforceability, and the remaining part, and all other terms and conditions of the Agreement, will remain in full force and effect.

8. ENTIRE AGREEMENT

You agree that this Agreement and any agreement incorporated by reference is the complete and exclusive agreement between you and us regarding the subject matter herein and supersedes all prior agreements, representations and undertakings, whether established by custom, practice, policy or precedent. There are no understandings, inducements, commitments, conditions, representations or warranties of any kind, whether direct, indirect, collateral, express or implied, oral or written, other than as contained in this Agreement. This Agreement may only be modified in writing signed by our authorized representative.

9. NON-ASSIGNMENT

You may not assign this Agreement, or any rights or obligations, to any person. We may assign this Agreement, and any rights or obligations, to any person at any time, with or without notice to you.

10. NOTICES

All notices to be provided by either party to this Agreement to the other shall be in writing and shall be validly given if sent by email, personal or courier delivery or by ordinary mail as follows:

(a) to us: Customer Service, Zip.ca Kiosk, 26 Auriga Drive, Ottawa, Ontario, CANADA, K2E 8B7 or kiosk@zip.ca

And

(b) to Customer: at the email provided by you.

Any notice sent by email shall be deemed to have been received upon receipt, by personal or courier delivery on the date of delivery, and by post on the 5th calendar day after mailing.

11. SURVIVAL

Any provision herein, which expressly or by its nature survives termination or completion of this Agreement, including Sections 4, 5, 6, 7, 8 and 12, and all releases, indemnities, waivers and disclaimers, shall survive such termination or completion of this Agreement until they are satisfied or by their nature expire.

12. GOVERNING LAW

You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the Province of Ontario, Canada, excluding its conflicts of law rules. You and we each submit to the exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts of that province. You agree that any action, suit or application will be brought and heard in Ottawa, Canada and hereby waive any argument you may have that such location is not convenient for you.

13. English Language

The parties hereto confirm that it is their wish that this Agreement, as well as all other documents relating hereto, including all notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents, y compris tout avis, qui s’y rattachent, soient rédigés en langue anglaise.