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The Terms and Conditions
Sun Movie Club is operated on behalf of the publishers of The Sun Newspaper, News Group Newspapers Ltd, by MyMovieStream Limited.
The website www.thesunmovieclub.co.uk is a trading name of MyMovieStream Limited. References to "Sun Movie Club ", "we", "us", our" or "the website" are references to the Sun Movie Club service. MyMovieStream Limited is a company registered in England and Wales (company number 05209734).
Our Registered address is:
MyMovieStream Limited, 4a Church Court, Richmond, Surrey TW9 1JL
Our address for all correspondence is:
Sun Movie Club, 3 Britannia Trade Centre, Ryehill Close, Lodge Farm, Northampton, NN5 7UA
Our Customer Service Centre can be contacted by telephone on 0800 0087 240 (10am-5pm, Monday-Friday)
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Acceptance of Terms & Conditions
These Terms & Conditions govern your use of the Sun Movie Club website (www.thesunmovieclub.co.uk). By using the Sun Movie Club website, you accept and agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, you should not use the Sun Movie Club website.
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Changes to Terms & Conditions
MyMovieStream Limited reserves the right, from time to time, with or without notice to you, to change these Terms & Conditions at its sole discretion. The most current version of these Terms & Conditions can be reviewed by clicking on the "Terms & Conditions" hyperlink located at the bottom of most pages of the Sun Movie Club website. The most current version of the Terms & Conditions will supercede all previous versions. Your use of the Sun Movie Club website after changes are made means that you agree to be bound by such changes.
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Membership and billing
You can find the specific details regarding your subscription with Sun Movie Club at any time by logging in with you username and password and clicking the "MyAccount" link located on the navigation bar at the top of the pages of the Sun Movie Club website.
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Managing your Account
You are wholly responsible for managing and maintaining your DVD Rental account via the www.thesunmovieclub.co.uk website.
All relevant personal account details and information on the rental DVD dispatches and returns are available to you at all times via the website and you should log in regularly to manage your account. In the event that you think one or more rental DVDs may be lost in the post either on their way to you, or in the return postage, it is your responsibility to inform us in a timely manner and to complete such Lost in Post form(s) that are issued to you so that we can seek recompense from the Royal Mail.
You are obliged to provide your full, correct postal address and postcode to ensure that the DVDs you rent can be safely delivered to you. You are also responsible for updating your address details in the event of any changes, e.g. due to moving house.
Whilst you manage your account via the Sun Movie Club Website, as a courtesy, we do also send information regarding your account via email. You are obliged to provide and maintain a valid, active email address when you register your account with us and should check that email account regularly. By providing your email address, you agree that we may send such emails to you regarding your account. We recommend that you add Sun Movie Club to your "safe sender" list. Email is an imperfect communication system and we cannot be held responsible in the event that any such email(s) do not reach you.
You must provide and maintain a valid means of payment and you are obliged to ensure that funds are available for subscription payments and to update your payment details in the event of any changes or if the payment means fails for any reason.
In the event that you use the Click&Buy payment option, it is important to note that you still manage your DVD rental account via the www.thesunmovieclub.co.uk Website and that any account changes, such as upgrade, downgrade, pause, freeze or cancellation, must be made via the www.thesunmovieclub.co.uk Website and not the Click&Buy website.
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Introductory Offers
We may from time to time make introductory offers to new customers, including but not limited to discounted or subsidised subscription periods, free trials, promotional gift subscriptions or added value incentives. The specific terms of any such introductory offer will be confirmed to the new customer prior to Registration. Introductory offers are available to new customers only, are strictly one-per-household, and may not be used in conjunction with other offer.
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Free Trial
We may make the offer of a Free Trial to new users, often in connection with a partner organisation, to enable them to try the service before committing to full membership. The terms of any given Free Trial offer will be clearly defined and confirmed to new users at the point of registration. A Free Trial may be limited by a time period and/or number of rentals and/or other factors which we may vary from time to time. For example, a Free Trial offer may entitle you to "up to 4 free rentals within 2 weeks of joining", in which case the Free Trial ends on the return of the final Free Trial disc or the passing of 2 weeks, whichever is soonest. Where a Free Trial is limited by a number of days or weeks, the Free Trial period begins on the calendar day when registration was completed.
Free Trials are only available to new subscribers of Sun Movie Club. Previous subscribers or triallists of Sun Movie Club or any other DVD Rental service operated by MyMovieStream Limited do not qualify for a further Free Trial unless specifically invited back. Only one Free Trial may be redeemed per household and a Free Trial may not be combined with any other offer, unless using an Sun Movie Club Voucher Code. You must have internet access and provide a valid means of payment card to redeem a Free Trial offer.
No actual charges will be made if you cancel prior to the end of your Free Trial but, to protect Sun Movie Club against theft and fraud, your payment method will be validated to verify your identity. You chosen payment method may also be authorised for up to 3 months service and certain payment card companies or banks may temporarily reflect this authorisation against your available balance or your credit limit. We will begin billing you for the agreed monthly subscription fees for the Sun Movie Club service once you have completed your Free Trial unless you cancel prior to the end of your Free Trial. We will continue to bill you by your chosen payment method on a monthly basis for the Sun Movie Club service unless and until you cancel. You must cancel your account by logging in using your username and password and following the "how to cancel" process before the end of your Free Trial to avoid charges. For instructions on how to do this, see the section on "Account Cancellation" below.
The Free Trial is designed to show new customers the speed and convenience of Sun Movie Club's home delivery DVD Rental service and you are required to select a minimum of 15 titles immediately upon activating your Free Trial. In the event that you register for a Free Trial but fail to choose any available titles for delivery during your Free Trial, Sun Movie Club reserves the right to select titles on your behalf and/or to reactivate your Free Trial with a new start date at its sole discretion. From time to time Sun Movie Club may offer incentives as part of a Free Trial, in which case you are required to activate your Free Trial, select a minimum of 15 titles and have received at least 2 discs from us in order to receive the incentive. Any such incentives (e.g. Gift vouchers, free DVDs or any other such promotional incentives) are available while stocks last. In the event that stocks of any such incentives are exhausted, Sun Movie Club may at its sole discretion offer an alternative as a good will gesture
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Gift Subscriptions
Sun Movie Club Gift Subscriptions may be purchased by Members/non-Members as gifts to give to friends/family etc. Gift Subscriptions may be redeemed on a one-per-household basis and may not be redeemed by current or previous Members of Sun Movie Club or used in conjunction with any other offer.
If you have received a Gift Subscription, you must complete Sun Movie Club's Registration process and enter your Gift Voucher code in order to activate your Gift Subscription. The Gift Subscription period will depend on the Gift Voucher you have received and will begin when you complete your Registration. On Registration, you will be required to provide certain personal information for security reasons including name, address, date of birth, email address and a valid means of payment. Any such information will be held securely and will not be passed on to any third party without your express consent. During Registration, Sun Movie Club may offer you the option to upgrade your Gift Subscription for an additional charge. You may cancel at any time during your Gift Subscription period without obligation. At the end of the validity period of your Gift Subscription, you will automatically become a paying member of Sun Movie Club on your chosen package unless you have cancelled your account and returned any outstanding discs before the expiry date of your Gift Subscription period. Sun Movie Club operates on a monthly automatic subscription renewal basis, so you will be charged for the next membership month and each subsequent month for as long as you continue to use the service unless and until you cancel your subscription. Certain Gift Subscriptions are only open to new customers to Sun Movie Club and are strictly one per household and may have other restrictions - check your Gift Voucher terms for full details. Please keep your Gift Voucher and Gift Voucher code safe as we cannot be held responsible for lost or mislaid Gift Vouchers.
Sun Movie Club occasionally offer Promotional Gift Subscriptions, often in association with partners. Such promotional gift subscriptions are designed to show new customers the speed and convenience of Sun Movie Club's home delivery service and you are required to select a minimum of 10-15 titles immediately upon activating your Promotional Gift Subscription. In the event that you activate a Promotional Gift Subscription but fail to choose any available titles for delivery during your Promotional Gift Subscription period, Sun Movie Club reserves the right to select titles on your behalf and/or to reactivate your Promotional Gift Subscription with a new start date at its sole discretion.
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Billing
As a subscriber to Sun Movie Club, you agree that we are permitted to charge you a monthly subscription fee and any other charges that you may incur in connection with your use of Sun Movie Club. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel your account, and regardless of how much you use the service. We will automatically charge you via your chosen payment method each month on or after the calendar day corresponding to the commencement of your membership (e.g. at the end of a Free Trial). All fees and charges are non-refundable. We may change the fees, offer and charges in effect, or add new fees, offers and charges from time to time, but we will give you advance notice of these changes by email. If you wish to use a different credit card or payment method, or if there is a change in your payment card validity or expiry date, you may provide new details by logging in and following the instructions in "MyAccount", available at the top of most pages of the Sun Movie Club website. In the event that any new payment details you provide fail to validate or if we are subsequently unable to collect a payment when it becomes due, we reserve the right to attempt collection of any overdue monies using the payment details you provided previously. You are obliged to maintain a valid payment method for as long as you continue to use Sun Movie Club.
Maintaining a valid means of payment for using Sun Movie Club is entirely your responsibility and Sun Movie Club are not liable for any interest or fees that your bank or credit card company may charge you, whatever the circumstances.
In the event that we are unable to collect a given subscription payment on the monthly due date, we will continue to attempt to collect the payment via your registered payment means until the outstanding monies have been paid in full. While your account payment(s) remain overdue, we reserve the right to restrict the allocation or dispatch of DVDs at our sole discretion until the outstanding balance is cleared. The management of your DVD Rental account and the timely payment of your subscription fees are entirely your responsibility. In the event that one or more monthly payments become overdue, your subscription will remain in force with ongoing monthly subscription charges accruing until you bring your account fully up to date, irrespective of how much you use the account and whether we exercise the right to restrict the service during the period when payment is overdue.
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Automatic Renewals
Your Sun Movie Club subscription will be automatically renewed on a monthly basis. For your convenience, we will charge the monthly subscription fee via the payment method that you provided to us during registration (or to a different payment method if you change your account information subsequently). Your membership will automatically renew for successive monthly subscriptions, 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 subscription fees.
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Delivery, Return & Care of DVDs
We currently use Royal Mail First Class postage prepaid, to deliver and return the DVDs you have selected to view. Actual delivery times may vary for you depending on (i) our stock availability, (ii) your delivery address, (iii) when you make your selection and (iv) circumstances impacting delivery by the Royal Mail. We will endeavour to get the discs you have requested to you as quickly as possible. The delivery/return envelopes are designed to hold up to 3 discs each and we will dispatch the discs as efficiently as possible. We also ask that Members return up to 3 discs per envelope where possible. In the event that you return less than your full allocation in an envelope (e.g. a single disc), we will endeavour to dispatch the right amount of discs in your next dispatch so that you have your full allocation of discs "out".
As a courtesy, we also send an email notification each time we dispatch a disc or receive a returned disc. Sun Movie Club cannot be held responsible in the event that you do not receive such email notifications and it is your responsibility to manage your account via the Sun Movie Club website and to track your rental discs and their safe delivery & return. Please allow up to 4 postal days for each dispatch/return to arrive. In the event that more than 4 postal days have passed since posting and a dispatch of return has not safely arrived with you/Sun Movie Club, it is your responsibility to report the disc(s) as lost. Sun Movie Club will, at its discretion, note the disc(s) as lost and will issue replacement disc(s) in the case of a lost outbound dispatch, or release the next disc(s) in the case of a lost inbound return. In each case you will be required to complete and return a Lost Disc Form within 14 days of reporting the incident, so that we may seek recompense from the Royal Mail. Any lost disc(s), either outbound or inbound, must be reported within 30 days of posting. In the event that you fail to report a disc as lost within 30 days of posting or that you fail to complete and return a Lost Disc Form within 14 days of reporting any such incident, Sun Movie Club reserves the right to charge your account a replacement fee up to £30 each for the lost rental disc(s). Sun Movie Club reserves the right to cancel the membership of a subscriber indefinitely if it becomes apparent that the postal service in the subscriber's area is too unreliable.
You agree to treat the DVDs and their associated packaging with the utmost care at all times. You agree that you may need to compensate Sun Movie Club for any DVD lost or returned in an unacceptable condition (beyond reasonable wear and tear) - and that you allow Sun Movie Club to charge such compensation to your chosen payment means. We will notify you of any such charges.
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Package Upgrade or Downgrade
You may upgrade or downgrade your rental package at any point. The package change will come into effect immediately upon collection of the next monthly payment.
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Account Pause
You may choose to Pause your account for a 1, 2 or 3 week period (e.g. for a holiday). In such instance, you account will be put on hold for the period of the account Pause. You will be required to ensure that all discs are returned to Sun Movie Club within 3 days of the start of the account Pause and no further discs will be issued until the end of the account Pause. When the account Pause period ends, your account will automatically be re-activated and your next available discs will be dispatched. Any unused days from the subscription period prior to your account Pause will be carried over and your next billing date will change according, with subsequent billing on the new monthly date every month unless and until you cancel the service. Sun Movie Club reserve the right to limit the number of account Pauses that a Member may have.
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Account Freeze
You may choose to Freeze your account for a period of minimum of 22 and a maximum of 60 days. In such instance, you account will be put on hold from the account Freeze commencement date. You will be required to ensure that all discs are returned to Sun Movie Club within 3 days of the start of the account Freeze in order for the Freeze to take effect and no further discs will be issued until the end of the account Freeze which will be the sooner of (i) when you log on to your account and "unfreeze" your account manually or (ii) when 60 days have passed since the account Freeze came into effect. When the account Freeze ends, your account will automatically be re-activated and your next available discs will be dispatched. Any unused days from the subscription period prior to your account Freeze will be carried over and your next billing date will change according, with subsequent billing on the new monthly date every month unless and until you cancel the service. Sun Movie Club reserve the right to limit the number of account Freezes that a Member may have.
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Account Cancellation
You may make an account Cancellation Request at any time, unless there are outstanding payments or unreturned Lost in Post forms on your account, which must be received before your account may be cancelled. For security reasons, to make a Cancellation Request, you must log in to your account using your username and password and follow the "Cancellation Request" link in the MyAccount area of the Sun Movie Club website. Cancellation Requests may only be made in this way and cannot be made by telephone, email, post or other means.
When you make an Account Cancellation Request, your account will be suspended and no further rental discs will be issued. To complete your Account closure, any outstanding rental discs must arrive safely back at Sun Movie Club within 7 days of making your Account Cancellation request online, including the day the request is made. For example, if you make your Cancellation request on a Tuesday, any outstanding rental disc(s) must arrive safely at Sun Movie Club no later than the following Monday.
For your own peace of mind and to protect us against theft/fraud, it is MANDATORY that you obtain a Certificate of Postage (which is available free of charge from the Post Office) when you return your final disc(s), irrespective of whether you post the final disc(s) before or after you make the Account Cancellation request online. You should ensure that any outstanding disc(s) are returned as soon as possible after Cancellation Request, but we give a 7 day grace period to allow time for you to visit the Post Office to obtain the Certificate of Postage and to allow for weekends and any postal delays (e.g. due to Royal Mail strike action). We insist on the Certificate of Postage for the final disc(s) so that there is no room for misunderstandings as to when & where the final disc(s) were posted and this is the only means of proof that Sun Movie Club or the Royal Mail can accept. The Certificate of Postage gives you absolute proof that you have returned the discs, and when, and it means that, should any disc(s) not arrive safely, you can provide Sun Movie Club with the Certificate(s) of Postage and we can claim recompense from the Royal Mail rather than you, otherwise you are liable for up to £30 per rental disc.
In the event that any outstanding rental disc(s) are not safely received by Sun Movie Club within the 7 day period, the Account Cancellation Request will be rejected, your account will remain active and your subscription will remain in force unless and until you make a further Cancellation Request online and successfully complete your Account Closure. The only exception to this is if you supply copies of the Certificate(s) of Postage within the 7 day period showing that you have posted the final DVDs in a timely manner, so that we can complete your Account Closure and seek recompense from the Royal Mail.
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Account Access
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You will be required to enter your email address and password each time you wish to use the site.
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Account Abuse
In the event of fraudulent activity or flagrant abuse of the Free Trial or other special offers that Sun Movie Club may make, Sun Movie Club reserves the right to charge the Abuser £3.75 per rental per day at its sole discretion and will pursue collection of any such fees to the full extent of the law.
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Disclaimers of warranties and limitations on liability
The Sun Movie Club website and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the Sun Movie Club website or its contents. We assume no liability or responsibility for any errors or omissions in the content of the Sun Movie Club website, any failures, delays, or interruptions in the shipment of DVDs, delivery of any content contained on the Sun Movie Club website, any losses or damages arising from the use of the content provided on the Sun Movie Club website, or any conduct by users of the Sun Movie Club website. We reserve the right to deliver DVDs at our sole discretion. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
In no event shall Sun Movie Club, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
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Intellectual Property
You may use any Sun Movie Club DVDs for your personal use (and that of your family and friends) only at the address shown on your account. Commercial exploitation or copying of our DVDs is not permitted. In addition:
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Copyright
All content included on the Sun Movie Club website, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Sun Movie Club or its suppliers and is protected by United Kingdom and international copyright laws. The compilation of all content on this site is the exclusive property of Sun Movie Club and protected by U.K. and international copyright laws. They should not be reproduced or used without express written permission from Sun Movie Club.
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Commercial Exploitation
You may not sell, lease, lend, licence, hire out for any reward, use in a manner inconsistent with the rights of the copyright owners or commercially exploit any Sun Movie Club DVDs in any way at any time.
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DVD duplication
You agree not to make any unauthorised copies of any Sun Movie Club DVDs.
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Entertainment and website content
We distribute film, television, and other audio-visual entertainment. In addition, the Sun Movie Club website allows you and other third parties to post reviews or 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 Sun Movie Club website are those of the respective authors or producers and not of Sun Movie Club , its shareholders, directors, officers, or employees. Under no circumstances shall Sun Movie Club 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 Sun Movie Club website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Sun Movie Club website. Linked websites are not under the control of Sun Movie Club and we are not responsible for the conduct of companies linked to our website. Those links are provided for convenience only and may not remain current or maintained. Links to those websites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other sites unless specifically stated. We permit you to post reviews on the Sun Movie Club website in accordance with the procedures established on the Sun Movie Club website and provided that the content is not illegal, obscene, libellous, threatening, defamatory or otherwise objectionable to us. In posting such content, you agree not to use a false e-mail address or otherwise mislead us or others regarding the origin of such content. We do not regularly review the content posted on the Sun Movie Club website; however, we reserve the right to remove or edit such content at anytime without notice.
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Use of information submitted
Sun Movie Club is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to Sun Movie Club 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 Sun Movie Club website or service or other Web sites and/or services. Furthermore, by posting any information on our site, you grant us a nonexclusive, royalty-free licence to display, use, reproduce or modify that information. Any information submitted by you on the Sun Movie Club website is subject to our Privacy Statement. Please review our Privacy Statement to understand our practices.
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Your conduct on the Sun Movie Club website
By accessing the Sun Movie Club 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 Sun Movie Club website. You also agree not to interfere with the servers or networks connected to the Sun Movie Club website or to violate any of the procedures, policies or regulations of networks connected to the Sun Movie Club website, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Sun Movie Club website, conduct yourself in a vulgar or offensive manner while using our service, or use the Sun Movie Club website for any unlawful purpose.
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Limitations on use
You must be resident in the UK and 18 years of age or older to use the Sun Movie Club service. By subscribing, the subscriber confirms they are aged 18 or over. Unless otherwise specified, the content on the Sun Movie Club website is for your personal and non-commercial use and we grant you a limited licence to access the Sun Movie Club 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, licence, create derivative works from, or offer for sale any information contained on, or obtained from, the Sun Movie Club website without our express written consent. Any unauthorized use of Sun Movie Club website or its contents will terminate the limited licence granted by us.
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Right to terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these terms, including, in particular the section headed "No commercial exploitation". In the event that we do so we will give you seven days to return our DVDs and failure to return these DVDs will incur charges, as described under "Account cancellation" above.
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Applicable Law
The Sun Movie Club website is controlled by MyMovieStream Limited. Your use of this site is governed by these Terms And Conditions and construed and enforced in accordance with the laws of England & Wales. Disputes arising from your use of this site are subject to the non-exclusive jurisdiction of the English courts.
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Prize Draws
Sun Movie Club may from time to time operate Prize Draw promotions for which the following conditions will apply: Open to all UK residents aged 18 or over except for employees of Sun Movie Club , their families or anyone connected professionally with the promotion; Sun Movie Club only accepts one entry per household into each prize draw, unless otherwise stated; No purchase necessary to enter Sun Movie Club prize draws; No responsibility can be accepted by Sun Movie Club for lost or delayed entries; The closing date of any Sun Movie Club prize draw will be clearly stated in each case; The winner(s) of any Sun Movie Club prize draw will be drawn within 7 days of the relevant closing date at random for from all valid entries received by the relevant closing date; Each winner will be notified by email within 7 days of the draw and it is the participant's responsibility to ensure that the contact details and email address that they supply are correct; Prizes can only be dispatched on confirmation of receipt of notification by each winner, who will be asked to confirm their postal address; All prizes must be claimed within 90 days of the draw after which the prize claim will be void and the prize will be redrawn and offered to another participant; Title, surname and location of winners of Sun Movie Club prize draws can be requested by emailing customerservice@thesunmovieclub.co.uk; Prizes are subject to availability and in the event of unavailability Sun Movie Club may substitute an alternative prize of similar value and specification; Prizes may not be swapped for an alternative or cash unless this option is offered as an alternative with a specific prize draw; By entering a Sun Movie Club prize draw and submitting email and postal address information, participants are agreeing to receive marketing offers from Sun Movie Club ; If you would like to enter a Sun Movie Club Prize draw without joining as a trial member, please write to Competition Entry, Sun Movie Club, Unit 3, Britannia Trade Centre, Ryehill Close, Lodge Farm Industrial Park, Northampton, NN5 7UA stating with prize draw you wish to enter. Entries must be received by the closing date; Entry into any Sun Movie Club prize draw is deemed to be acceptance of these terms; Promoter: MyMovieStream Limited, Unit 3, Britannia Trade Centre, Ryehill Close, Lodge Farm Industrial Park, Northampton, NN5 7UA.
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These Terms and Conditions were last updated on
04/06/2008
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