Terms of Use
Notice of Change: We are currently transitioning to different
timing for when you are charged for your rental. Please read the
terms and conditions at the Kiosk to determine timing of charges
for your rental
BLOCKBUSTER Express® vending kiosks (the
"Kiosks") are operated by NCR Corporation
("we", "us", or
"NCR"). NCR is licensed to operate Kiosks
under the brand, BLOCKBUSTER Express. These Terms of Use
("Terms") govern your use of the Kiosks or
Blockbusterexpress.com through your computer or mobile device (the
"Website"), and the DVD, Blu-ray, and game
discs ("Items") reserved on the Website made
available to you at a Kiosk.
Please read these Terms carefully, they may have changed since
the last time you reviewed them. You may accept and agree to
abide by these Terms as presented by clicking "Accept" on a Kiosk
or "Submit" if you are registering on the Website. By
clicking "Accept" on the Kiosk or "Submit" on the Website you agree
that it is your intent to sign and electronically submit this
document to NCR. You understand and agree that by electronically
signing and submitting this document you are agreeing to be bound
by the Terms. Changes, additions, deletions or counteroffers
will not be accepted. If you do not agree to these Terms,
click "Cancel" on the Kiosk or do not complete registration if you
are on the Website.
Rental of
Items
The initial rental period lasts one night. The initial
rental period starts when you reserve the Item on the Website or
when you take your Item from the Kiosk (whichever occurs first) and
ends at 9pm at the Kiosk from which you rented the Item on the date
following the date of rental. The rental period for each additional
night also ends at 9pm.
The initial rental charge for all Items will be
specified at the time of reservation or checkout. The
additional night charge for movies is $1 plus
tax for each additional night that you keep the
movie after the initial rental period. The additional night
charge for games is $2 plus tax
for each additional night that you keep the game after the
initial rental period.
During rental or reservation of an Item, we will seek
pre-authorization from your payment card company equal to the
initial rental rate for the Items being reserved or rented, plus
tax. Pre-authorizations typically drop off your account within
3 to 5 business days depending on your card issuer's criteria. You
further authorize us to process charges on your payment card for
any additional night charges, plus tax, incurred based on the
length of your rental up to the Maximum Additional Night
Charge.
The Maximum Additional Night Charge is $30.00 plus
applicable tax for DVDs ($31.80 in Maryland), $40.00 plus
applicable tax for Blu-ray Items ($42.40 in Maryland), and $60.00
plus applicable tax for game Items ($63.60 in Maryland). Once
you have incurred the applicable Maximum Additional Night Charge
you will not be charged further rental charges for the Item and you
may keep it. NCR reserves the right to charge you for Items
returned in a damaged condition, in an amount not to exceed the
applicable Maximum Additional Night Charge.
Timing of Charges
Items Reserved Online:
For Items reserved online, we will charge your credit or
debit card the initial rental charge plus tax at the time of
reservation of an Item. You will be
charged for any additional night charges when you return your movie
to the Kiosk.
Notice of Change: We are currently transitioning to different
timing for when you are charged for your rental. Please read the
terms and conditions at the Kiosk to determine timing of charges
for your rental.
If Pay at Return:
For Items rented at a Kiosk, we will charge your credit
or debit card the initial rental charge plus tax and additional
night charges plus tax when you return the Item to the Kiosk.
We reserve the right to process any additional
night charges and taxes on a more frequent basis. If your
payment card is declined, we have the right to collect all past due
charges from you at any time.
If Pay at Rental:
For Items rented at a Kiosk, we will charge your credit
or debit card the initial rental charge plus tax when the movie is
dispensed at the Kiosk. You will be charged for any
additional night charges plus tax when you return the Item to the
Kiosk. We reserve the right to process any
additional night charges and taxes on a more frequent basis.
If your payment card is declined, we have the right to collect all
past due charges from you at any time.
A maximum of 5 items may be rented at a time. You may
return BLOCKBUSTER Express Items to any BLOCKBUSTER Express
Kiosk. Rental terms for BLOCKBUSTER Express Kiosks differ
from rental terms at BLOCKBUSTER stores; do not require a
BLOCKBUSTER© membership; and do not count as a BLOCKBUSTER store
rental or towards any BLOCKBUSTER membership program. DVDs,
Blu-ray discs, and games you receive from BLOCKBUSTER
Online® and BLOCKBUSTER stores may NOT be returned to a
BLOCKBUSTER Express Kiosk.
Additional Rental Terms applicable to online
rentals:
You may reserve an Item online at the Website for pick-up at a
Kiosk. To complete the rental checkout process online click
"Complete Rental" and your credit card will be charged for the
initial rental charge plus tax. You will be charged the initial
rental charge even if you do not retrieve the item from the Kiosk.
Your rental is valid only at the Kiosk specified in your Cart and
is non-transferable. Upon completing a transaction, your Item will
be held for you until 9 p.m. the next business day. If you do not
pick up your rental item by 9 p.m. the next business day, the Item
will be released for others to rent. You have until 9 p.m. the next
business day after you reserve the Item to pick up and return the
Item to the Kiosk. If you use a promo code when
reserving online, the promo code discount is only applicable to the
initial night charge if the movie is picked up by 9 p.m. on the due
date. If you do not pick up the movie(s) by 9 p.m. on the due
date, you will be charged for the value of the promo code and the
promo code cannot be used again.
If you keep a rental item beyond the initial rental period, you
will be charged the applicable additional night charge (see above)
for each additional night you elect to keep the
item.
Special Programs
Certain movies come with our "In-Stock Guarantee." Our "In-Stock
Guarantee" means that if that movie is not available when you
select it at the Kiosk or when you select it to reserve online, you
will receive instructions to text a code to 39777. You will receive
a response text with a promo code valid for a discount on
your next movie rental. MSG & data rates apply. When
you send your text you agree to opt-in and receive our promotional
messages via text. You may unsubscribe from any text messages
received by replying "STOP".
From time to time, we may offer special programs or promotions,
which may include discounted pricing for certain Items.
Purchase of Items from BLOCKBUSTER Express
NCR will accept returns of used Items purchased from a Kiosk or
from the Website only if the Item was damaged or
defective when received from the Kiosk. If you wish to
receive a refund or replacement of a used Item purchased from a
Kiosk, you must call BLOCKBUSTER Express Customer Service
within 48 hours of the purchase and report such
damage and to obtain a Return Authorization Number.
Request for refunds or returns made more than 48 hours after
purchase will not be processed unless required by applicable
law.
NCR will accept returns of new Items purchased from a Kiosk
or from the Website only if (1) the Item is unopened in its
original package and condition, or (2) the Item was defective as
received from the Kiosk. To receive a replacement or a refund for a
new Item, you must contact BLOCKBUSTER Express Customer Service
within 15 days of your purchase
date and obtain a Return Authorization Number.
To reach BLOCKBUSTER Express Customer Service, call
1-877-300-2128 from 9 a.m. - 1 a.m. ET 7 days a week.
Please send your return via United States Postal Service, and be
sure to have it postmarked within the 48-hours of
receiving your Return Authorization Number. NCR does not pay
the costs of return shipping unless the Item was defective or the
Kiosk dispensed the wrong Item. For returns for which NCR
pays the shipping, NCR will refund the cost of standard postage up
to $5.00. The Return Authorization Number must be included in
your return shipment. If your product is sent to NCR without the
Return Authorization Number your return will not be
processed. Items to be returned must be shipped to: NCR
Corporation, PO Box 958068, Duluth, GA 30095 in an appropriately
sized envelope.
Upon receipt of the product with the Return Authorization
Number, you will be refunded the purchase price and sales tax onto
the credit or debit card used for payment upon confirmation by NCR
that the Item is defective, as determined by NCR in its sole
discretion. You will be refunded only the amount actually charged
to your debit or credit card account. For returns of Items that
were not defective, you will be charged a restocking fee
of $3.00 per Item returned. We reserve the right to modify the
restocking fee policy and amount at any time.
Items purchased from a BLOCKBUSTER Express Kiosk or from
the Website may NOT be returned to a BLOCKBUSTER Express Kiosk
or BLOCKBUSTER© store.
General Terms
- A valid credit card or debit card is required at time of rental
of an Item and for purchase of an Item where Items are made
available for purchase. You may only have 5 rental Items checked
out on a particular credit card at any given time. You
authorize NCR to use the credit or debit card information provided
and submit the credit or debit card charges and/or electronic
payments using any credit or debit card information provided by you
in collection of purchase charges, rental charges and all amounts
owning due to (a) your failure to return items, (b) damages to
returned items, and (c) other unpaid charges and reasonable legal
fees for the recovery of amounts owning. At the time of
checkout, NCR submits the credit or debit card charge for the total
amount stated on the check-out screen, including the initial rental
charge for each Item, the purchase amount for any purchased Items
and any applicable taxes. If you keep your rental item(s) for
more than initial rental period, NCR may periodically charge your
credit card for additional night charges until the Item is returned
(no more frequently than every three days) and upon return or when
the Maximum Additional Night Charge has been incurred, whichever
occurs first.
- Hours of operation of the Kiosks may vary from day to day and
by location.
- These Terms, including pricing, are subject to change without
advance notice at any time, but changes to material terms, such as
rental rates and periods, will not affect rentals then in progress.
Other BLOCKBUSTER Express Kiosks may have different rental terms
and pricing.
- NCR respects your privacy and has adopted practices to protect
the personal information you may provide, as described in our
Privacy Policy. You may view the Privacy Policy at http://www.blockbusterexpress.com/privacy-policy or
by touching the "Privacy Policy" button on the Kiosk screen that
allows you to insert your email address. The Privacy Policy
is incorporated into these Terms by reference and is made part of
these Terms as if fully set forth herein.
- EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE KIOSKS AND ALL
ITEMS AND THEIR CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE"
WITH ALL FAULTS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW,
WITHOUT WARRANTY OF ANY KIND. NCR MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WITH RESPECT TO ANY AND ALL ITEMS. NCR
makes no representations with respect to the content contained on
DVD, Blu-ray, or game discs or the descriptions of any movie or
game content provided via a Kiosk or the Website. You agree to hold
NCR, the locations and businesses where the Kiosks are located and
its employees harmless from any damage or loss to any person or
property arising out of the use of any product purchased or rented.
Your sole remedy for a defective rental Item is replacement of the
defective rental Item with a rental Item of the same type. IN
NO EVENT WILL NCR BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE
FORESEEABILITY OF SUCH DAMAGES.
- NCR will not be responsible for the return nor loss of any
non-BLOCKBUSTER Express Items inserted into the Kiosk.
- YOU ACKNOWLEDGE AND ACCEPT FULL RESPONSIBILITY AND GUARANTEE
PAYMENT FOR ALL ITEMS RENTED AND/OR PURCHASED THROUGH ANY KIOSK OR
THE WEBSITE (Guarantee not applicable in California). You agree
that NCR may pursue all avenues of collection, including use of
collection agencies to recover these payments.
- All disputes between you and NCR regarding your use of the
BLOCKBUSTER Express Kiosk or the Website shall be resolved by
binding individual arbitration under the American Arbitration
Association's rules for consumer-related disputes. Neither
you nor NCR will participate in a class action or class-wide
arbitration for any claims covered by these Terms. If this
class action waiver is found to be unenforceable in a particular
case, then this entire arbitration agreement shall be null and void
in that case. This Agreement shall be governed by the Federal
Arbitration Act and, where consistent, New York law. This
provision will survive the termination of your right to use any
Kiosk or the Website.
Questions and Contact Information
If you have any questions or comments regarding these Terms,
please call Customer Service at 1-877-300-2128 during our hours of
operation which are 9:00 am to 1:00am EST seven days a
week or e-mail us at service@blockbusterexpress.com. You may
also write to us at: NCR Corporation, PO Box 958068, Duluth,
Georgia 30095.
Last revised 12/14/11