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Acceptance
of Terms of Use |
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These
Terms of Use govern your use of the Pyasa.ca website
and services. By visiting the Pyasa.ca website and subscribing
to our online DVD rental service, you agree to the following
terms of use. Please read them carefully. |
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Changes to Terms of Use |
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Pyasa.ca
reserves the right, from time to time, with or without
notice to you, to change these Terms of Use at our sole
discretion. The most current version of the Terms of
Use will supercede all previous versions. Your use of
the Pyasa.ca website and/or services after changes are
made means that you agree to be bound by such changes.
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
Pyasa.ca website. |
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Privacy |
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Any
information submitted on the Pyasa.ca website is subject
to our Privacy Policy, the terms of which are incorporated
herein. Please review our Privacy Policy to understand
our practices. |
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Joining Pyasa.ca |
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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 Pyasa.ca. You agree
to provide true, accurate, current and correct information
about yourself. You also agree to maintain and update
your information on My Pyasa page. |
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Delivery
of DVDs |
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Pyasa.ca
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 Pyasa.ca. Actual delivery
times may vary depending on
- our inventory availability,
- your delivery location in Canada,
- when you place your order, and
- 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. Pyasa.ca is not responsible for delayed
or misdirected mail.
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Membership
Plans |
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The
Pyasa.ca standard program is a month-to-month membership
that allows members to rent as many DVDs as they want
in a month, with no late fees or due dates and free shipping both ways.
During the life of your membership, we will continue to bill your credit
card monthly for the Pyasa.ca standard plan until you
cancel. We will bill your credit card annually for the
Pyasa.ca annual membership plan until you cancel.
Your Pyasa.ca membership is cancelable
at any time. Visit the My Pyasa page for cancellation
instructions. |
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Copying or
Altering DVDs |
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You
acknowledge that all DVDs are the property of Pyasa.ca.
You may not copy or alter any rented DVD in any way.
You acknowledge that Pyasa.ca 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. |
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Fulfilling
Rental Requests |
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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.
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Caring for
Rented DVDs, Damaged Rental DVDs |
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Please
handle the DVDs with care so as not to damage them.
Do not use any type of solution on Pyasa.ca 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 Pyasa.ca
immediately through the Your Account page. Pyasa.ca
reserves the right to charge the current retail price
for any DVD that is not returned to Pyasa.ca 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. Pyasa.ca will contact you to
discuss this before charging your credit card. |
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Lost DVDs |
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Occasionally
you may misplace a rented DVD. If you have lost a DVD,
you must report it lost to Pyasa.ca as soon as possible.
Pyasa.ca 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, Pyasa.ca 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 lost in transit or stolen. Pyasa.ca treats
reports of such incidents very seriously, and requires
completion of a Lost or Stolen DVD Form, to assist authorities
in investigating such incidents and to minimize future
occurrences. A copy of this form will be provided to
Canada Post Corporation and to police authorities for
investigation. In cases where DVDs have been reported
lost or stolen, Pyasa.ca reserves the right to suspend
service until a Lost or Stolen DVD Form has been signed
and returned to Pyasa.ca, whereupon Pyasa.ca may, in
its sole discretion, resume service and send a replacement
of the lost or stolen DVD, discontinue service indefinitely,
or cancel your membership and charge you the retail
price of any DVD that is lost or stolen. Pyasa.ca will
contact you to discuss this before charging your credit
card.
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Membership
Fees and Billing |
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You
may change your membership plan at any time by visiting
the My Pyasa page. As a member of Pyasa.ca, you agree
to pay a monthly membership fee, any applicable tax
and any other charges you may incur in connection with
your use of Pyasa.ca. You also agree that we are permitted
to charge your credit card, a monthly membership fee,
any applicable tax and any other charges you may incur
in connection with your use of Pyasa.ca. Your Pyasa.ca
membership will be automatically renewed on a monthly
basis. Your membership will automatically renew for
successive months, without prior notice to you, unless
and until you cancel your membership or we terminate
it. You must cancel your membership before it 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 and on each monthly
renewal thereafter unless and until you cancel. Visit
the My Pyasa section to see the commencement date of
your membership with Pyasa.ca and for your next renewal
period. We will automatically charge your credit card
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.
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 My Pyasa 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 Pyasa.ca, Pyasa.ca may take all remedies
against you to collect such fees owed and may recover
from you all costs and expenses incurred by Pyasa.ca
to collect such fees, including reasonable attorney’s
fees and expenses and such fees and expenses incurred
by Pyasa.ca personnel in the collection of such fees. |
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Canceling
the Service by the Member |
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You
may cancel your membership to Pyasa.ca at anytime. To
cancel, visit the Your Account page and follow the instructions
under the heading "Cancel Membership." We
do not provide refunds or credits for any partial monthly
membership periods. Upon cancellation, you will be given
seven business days to return any outstanding rentals.
Failure to return such rentals will result in your credit
card being charged for such items. |
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Right to
Cancel by Pyasa.ca |
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Pyasa.ca
reserves the right, at any time, to cancel the membership
of any member with or without reason in Pyasa.ca's sole
discretion. If such cancellation takes place during
a billing period for a reason other than a breach of
these terms of use by the member, Pyasa.ca will refund
any pre-paid membership unutilized at the time of cancellation.
You agree that your failure to abide
by any provision of these terms of use may be considered
by Pyasa.ca 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 Pyasa.ca
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 Pyasa.ca,
that you have not breached these terms of use, Pyasa.ca
may cancel your membership without further notice. Pyasa.ca
will not refund any membership fees paid by you prior
to the cancellation 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.
Pyasa.ca respects and protects the
intellectual property rights associated with the DVDs.
Accordingly, and notwithstanding the foregoing, Pyasa.ca
will cancel 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 being charged the retail
value for such items.
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Electronic
Communications |
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By
accessing this website or sending electronic mail to
Pyasa.ca you are communicating with Pyasa.ca electronically
and by doing so, you agree to receive communications
from Pyasa.ca electronically, including any notice required
to be provided pursuant to these terms of use. |
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Limitations
on Use |
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Unless
otherwise specified, all content on the Pyasa.ca website
is for your personal and non-commercial use and we grant
you a limited license to access the Pyasa.ca 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 Pyasa.ca website without our express written permission.
Any unauthorized use of this website or its contents
will terminate the limited license granted by us. |
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Disclaimers |
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THE
MATERIALS, INFORMATION AND SERVICES PROVIDED AT THIS
WEBSITE AND THROUGH THE PYASA.CA PROGRAMS DESCRIBED
HEREIN ARE PROVIDED "AS IS" AND 'AS AVAILABLE",
AND PYASA.CA, 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. PYASA.CA
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 PYASA.CA 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. PYASA.CA 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 PYASA.CA 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.
PYASA.CA RESERVES THE RIGHT TO LIMIT
QUANTITIES. |
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Limitation
of Liability |
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In
no event shall Pyasa.ca 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. |
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Indemnity |
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You
agree to release, indemnify and hold Pyasa.ca, 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
Pyasa.ca 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 Pyasa.ca 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 Pyasa.ca, 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. |
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Advertisement
of Programs are Not Offers to Sell or Rent |
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The
advertisements on this website are invitations to participate
in the 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
Pyasa.ca only upon Pyasa.ca providing an order acceptance
notice to your email address. |
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Copyright
and Trade Marks |
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Copyright
© 2004 Pyasa.ca Inc. All rights reserved. All content
on the Pyasa.ca website, including without limitation
trademarks, graphics, text, logos, video clips and software
remain the property of Pyasa.ca Inc. or its suppliers
and is protected by Canadian and international copyright
laws. Any infringement of the rights in such a property
will be protected by enforcement through the courts
if necessary. |
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Entertainment
and Website Content |
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The
Pyasa.ca website allows 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
Pyasa.ca website are those of the respective authors
or producers and not of Pyasa.ca Inc. or its shareholders,
directors, officers, or employees. Under no circumstances
will Pyasa.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 Pyasa.ca website. It is your responsibility
to evaluate the information, opinion, advice, or other
content available through the Pyasa.ca website. We permit
you to post reviews on the Pyasa.ca website in accordance
with the procedures established on the Pyasa.ca 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 Pyasa.ca website; however,
we reserve the right to remove or edit such content
at anytime without notice. |
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Use of Information
Submitted |
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Pyasa.ca
Inc. is free to use any comments, information, ideas,
concepts, reviews, or techniques contained in any communication
you may send to the Pyasa.ca 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 Pyasa.ca 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.
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Your Conduct
on the Pyasa.ca Website |
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By
accessing the Pyasa.ca 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 Pyasa.ca website. You also agree not to interfere
with the servers or networks connected to the Pyasa.ca
website or to violate any of the procedures, policies
or regulations of networks connected to the Pyasa.ca
website, the terms of which are incorporated herein.
You also agree not to impersonate any other person while
using the Pyasa.ca website, conduct yourself in a vulgar
or offensive manner while using our service, or use
the Pyasa.ca website for any unlawful purpose. |
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General |
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This
website is administered from the offices of Pyasa.ca
Inc. in Markham, 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. 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 Pyasa.ca 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 Pyasa.ca will be brought and heard in Toronto,
Ontario, Canada. |
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