Terms & Conditions
Last amended: 6th April 2011
1 Terms and Conditions
1.1 Acceptance of Terms and Conditions
Your use of the Website and your use and/or purchase of OnePlay Products and Services whether accessed via the Website or any other Device is at all times subject to these Terms and Conditions as applicable (which forms a legally binding contract between you and us) and all applicable laws.
By accessing this Website or using and/or purchasing OnePlay Products and Services, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this Website and do not use and/or purchase OnePlay Products and Services.
1.2 Changes to Terms and Conditions
We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this Website and your use and/or purchase of OnePlay Products and Services will be the version that is current and displayed on this Website as at each date you access this Website or use and/or purchase OnePlay Products and Services (as applicable). Your use of this Website or your use and/or purchase of OnePlay Products and Services after changes are made means that you agree to be bound by such changes.
1.3 Membership and Billing
You can find the specific details regarding your subscription with OnePlay including your next billing date, at any time by clicking on the relevant section of the website.
2 Joining Us - Minimum Criteria
2.1 Minimum Criteria
To become a Member of OnePlay or use or purchase any of the OnePlay Products and Services, as a minimum:
- you must be at least 18 years of age. Persons under the age of 18 are not permitted to join OnePlay;
- you must live in Scandinavia or Specific European Countries; and
- you agree that you must provide us with personal details (including your name, email address, postal address and valid payment details), that are true and current, and you agree to update us (through the "My account" section of this Website) if at any time your personal details change by updating the relevant sections of the website.
2.2 Updating address details
If you change address, you must update your address details in the relevant section of the website to ensure that no Games are sent out to the wrong address. Please ensure this is done before you move as you will be liable for any Games posted to the wrong address.
2.3 Refusal of application
We may refuse any application to join become a OnePlay Member or receive to use or purchase any of OnePlay Products and Services for any reason whatsoever. Please note that by supplying your telephone number on joining us you grant us permission to contact you via phone regarding your account and any special offers or promotions that we may offer you from time to time.
3 Membership of and Subscription to OnePlay
3.1 Becoming a Member
Provided that you meet the Minimum Criteria (see clause 2 (Joining Us - Minimum Criteria) above), you may register as a OnePlay registered user of the Website free of charge (a "Member"). To become a Member you need to go to the relevant section of this Website, then submit your email address to OnePlay and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
3.2 Access to and filtering of Content
Some of the content provided on this Website or via OnePlay Products and Services may not be suitable for anyone under 18 years of age. Access to such content is disabled by default and not accessible to non-registered users. We allow Members to configure filtered access to such content, but also advise parents or guardians to supervise their children's use of this Website.
As a OnePlay Website Member you will receive access to certain sections, features and functions of the Website that are not available to non-members. After you have become a Member of OnePlay, you may also subscribe to use and/or purchase OnePlay Products and Services. Please note that there are additional Terms and Conditions that apply to your use and/or purchase of such OnePlay Products and Services.
3.4 OnePlay Products and Services:
OnePlay Products and Services include:
- the Rental Service (the additional terms and conditions for this service are set out in clauses 5, 6, 7, 8, 9 and 10);
3.5 Other Terms and Conditions, Rules incorporated
Any terms and conditions, additional usage rules or similar on this Website or on a Device relating to any OnePlay Product and Service that you use and/or purchase from us are deemed to be incorporated into these Terms and Conditions.
3.6 Changing fees and charges
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of OnePlay Products and Services. We will notify subscribers by email at least 30 days in advance of any such change. If you do not agree to the change, you may cancel your membership or subscription online through the "My account" section of the Website.
4 Free Trial
4.1 Eligibility for a Free Trial
Free trials are only available to new subscribers to the OnePlay Rental Service. Previous subscribers or triallists (of OnePlay or any other service provided by the OnePlay group of companies and any websites powered by OnePlay) do not qualify for a free trial. The free trial is available only once to any one person and to only one member of a household. Subsequent free trials by the same person at any address, or by another person at the same address, are not permitted. You must have internet access and valid payment details to redeem a free trial offer.
Upon registering for your free trial, your method of payment will be authorised for up to three months of service - to verify your identity, and to protect us from theft and fraud. Some banks or payment card companies may reflect this authorisation against your available balance or credit limit. No actual charges, however, will be made against the card if you cancel and return all discs to us prior to the end of your free trial.
Your free trial period will commence on the date registration is completed and the account is successfully created.
4.2 Billing Starts unless you Cancel
We will begin billing you at the end of your free trial, and thereafter on prescribed intervals, monthly unless otherwise indicated, for the OnePlay Rental Service, unless you cancel prior to the end of your free trial. We will continue to bill you by your chosen payment method for the OnePlay Rental Service until you complete the cancellation process. You must cancel your account (through the "My account" section of the Website) and return all discs to us before the end of your free trial to avoid charges. For instructions on how to do this, see clause 8 (Cancellation by you and Termination by us) below.
4.3 Changes to Package or Details during Free Trial
You may change (upgrade or downgrade) your subscription package once during a free trial. Any additional, subsequent change to your subscription package or any change at all to your delivery address details (including your postcode) during any free trial period will, in either case, result in the termination of the free trial and the start of your regular billing as described in this clause 4 (Free Trial).
5 Rental Service
As a subscriber to OnePlay, you agree that we are permitted to charge subscription fees and any other charges that you may incur in connection with your use of OnePlay. The subscription charges for the OnePlay Rental Service will be charged on the day immediately after your free trial ends (if applicable) or on the first day you subscribe to the OnePlay Rental Service if you are not eligible for a free trial; and, from then on, on the calendar day corresponding to the commencement of your membership subscription (each, a "Subscription Renewal Date"). This charge will continue on each Subscription Renewal Date thereafter unless and until you cancel, and regardless of how much you use the service. We will automatically charge you, using your specified payment method, each period (monthly unless otherwise specified) (your "Subscription Month") on or after your Subscription Renewal Date. All fees and charges are non-refundable. If you wish to use a different payment method, or if there is a change in your card validity or expiry date, you may edit payment details through the "My account" section of the Website. We do not provide refunds for cancellations part-way through the billing period. Please note that should your account fall into arrears, we reserve the right to pass on your details to a collection agency for retrieval of the outstanding debt. There will be a €10 handling charge for all such cases. You agree not to hold us responsible for banking charges incurred due to payments on your account.
5.2 Changing your Rental Service Level
You may upgrade or downgrade your OnePlay subscription Rental Service level as often as you like, through the "My account" section of the Website. Any upgrade or downgrade is measured by the different monthly costs of the Rental Services you are changing from and to, not by the features of those different services. That value will be displayed on the relevant section of the Website before you choose to upgrade/downgrade. Any reduction in your bill resulting from a downgrade will take effect at the next billing period after any outstanding discs have been received to us. Any increase in your bill resulting from an upgrade will take effect immediately, being pro-rated to the remainder of your billing period, and the increase will be charged immediately (without changing any subsequent billing dates). Additional charges, resulting from an upgrade, are non-refundable. Any change to your subscription package during your free trial, will result in the termination of the free trial and the start of your regular billing.
5.3 Rental Service Disc Restrictions
All of our Rental Service packages allow you to have a maximum number of discs out on rent at any one time. Once you have received that maximum number of discs, you will not receive any further discs until we have processed discs that you have returned. In addition, some of our Rental Service packages only allow you to rent a certain number of discs in any one Subscription Month (known as "capped" or " use" packages). Once you have received that maximum number of discs in a given Subscription Month, we will not send you any further discs until after we charge your next monthly subscription fee to your credit/debit card, although you may be able to purchase extra rentals (see clause 5.4 below). You may not carry over any unused portion of your disc entitlement for a given Subscription Month to the next Subscription Month.
5.4 Extra Rentals
From time to time, if you have a capped package (i.e., a package that only allows you to rent a certain number of discs in any one Subscription Month), we may give you the option to purchase extra rentals to use in those Subscription Months when you have received the maximum number of discs your package allows. This option will not be available if you are on a free trial. If this option is available to you, you will be able to access it in the "My account" section of the Website. If you have purchased extra rentals, we will automatically send the next available disc(s) from your rental list (up to your at-home maximum) and adjust your extra disc rentals balance accordingly. The cost of each extra rental will be clearly displayed on the relevant page of the Website before purchase and will be added to your account and billed on your next billing date. Each extra rental will expire 3 years from the date of purchase. Extra rentals cannot be cancelled after purchase and will not be refunded if your subscription ends for any reason.
5.5 Account Holiday
From time to time, we may make available the facility for you to take an account holiday. Unless we specify otherwise, you can take an account holiday at any time for a period of up to 90 days (and a minimum of one week) by going to the "My account" section of the Website. If this facility is available, you will be able to take no more than two account holidays in any 12 month period. Any discs returned during your holiday period will not be exchanged for new ones until the last day of your holiday. If your account holiday is longer than 5 days then you must return all discs to us within 5 days of the start of your holiday or you may be regarded as continuing to receive the service and subject to the usual monthly subscription charges. Your account holiday will end automatically on the last day of the period you selected and you will not be billed during that period.
If your account holiday extends over a billing date, then at the end of your account holiday, we will adjust the following month's subscription charge on a pro rata basis to reflect the difference between: (a) the period between the date your account holiday started and the billing date following the start date; and (b) the period between the date your account holiday ended and the billing date following the end date. If your account holiday starts and ends between billing dates, then we will reduce the amount charged at the next billing date on a pro rata basis to reflect the length of the account holiday. During an account holiday you will not be able to use the Rental Service or any service or benefit you are entitled to receive in connection with it, such as the ability of un rental subscribers to watch Films on a subscription basis on our Watch Online Service. If your rental package gives you a Monthly Allowance for our Watch Online Service, you will lose any remaining minutes when you start your account holiday. When your account holiday ends and you start paying for the Rental Service again, you will receive a Monthly Allowance on a pro-rata basis for that Subscription Month.
6 Delivery And Return Of Discs; Lost Discs
6.1 Delivery to European addresses only
Discs can only be delivered to addresses within the European Union this excludes PO Box addresses.
6.2 Delivery of discs
We currently use Post Denmark, prepaid postage, to deliver and return the discs you have selected to play. Actual delivery times may vary for you depending on our stock availability, your delivery address, when you make your selection and circumstances impacting delivery by the Postal Service.
6.3 Alternative delivery methods
We reserve the right to use alternative delivery methods without prior notification.
6.4 No guarantee of priority; no responsibility for delays, etc
Although we allow you to prioritize the order in which you would like to receive discs, we cannot guarantee that such requests are met. We will endeavor to ship your next rental(s) within one business day of receiving your previous rental(s) back into our Distribution Centre. You will not hold us responsible for any delays, outside our control, which relate to the mailing or delivery of discs.
6.5 Lost Discs; charges for lost discs; Post Denmark’s compensation process
You must wait a minimum of four working days before reporting a disc as not received or lost on the way back to us. It is your responsibility to then report all lost discs online. We are unable to offer a refund for any discs which are paid for by you and then found at a later date. You must comply with either Post Denmark's claim compensation process or our process. Failure to comply with these processes, as amended from time to time, will result in a charge being made for the lost disc. We reserve the right to cancel your membership subscription if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
The current charges are € 49 per lost game.
6.6 Items sent to us in error
We cannot be held responsible for items belonging to you or those belonging to a third party, which are sent to us in error. Where possible, we will try to return these items, but are unable to compensate you for the loss of such items and we shall have no liability therefore.
6.7 Discs stolen in your possession
You accept full responsibility for discs which are stolen whilst in your possession, and you will have to pay the full replacement costs.
7 Use And Care For Discs
7.1 Restrictions on use of discs; strictly for personal, private use, etc
You agree that you will not infringe any rights, including intellectual property rights, of any person, including, without limitation, copying, reproducing, screening, republishing or otherwise modifying any material provided as part of the any Rental Service, including the discs. You must use the discs you rent strictly for personal, private use and not for any direct or indirect commercial purpose. You must comply with the terms of any copyright notice displayed on any disc or in its contents. You may not sell, lease, lend, license, hire out for any reward, use in a manner inconsistent with the rights of the copyright owners or commercially exploit any OnePlay discs in any way at any time.
7.2 Viewing of age-restricted discs
You agree that you will be responsible for any viewing of any disc supplied by us to you and that any minor's viewing of any discs will be restricted by you consistent with any applicable game classification applied to that disc by the European PEGI organization.
7.3 Responsibility and charges for damaged discs
You agree to treat the discs and their associated packaging with the utmost care at all times. You agree that we may charge your payment method if it is returned in an unreasonable condition (reasonable wear and tear accepted). In this event, we will give you advance notice before charging you.
The current charges are € 49 per damaged game.
8 Cancellation By You And Termination By Us
8.1 Cancellation by you
As noted above, you may cancel your subscription to OnePlay service at any time. To cancel, go to the "My account" section of the website and follow the instructions under the heading "Cancel My Account". We may require you to activate cancellation via telephone. Immediately upon requesting cancellation, no further discs will be dispatched to you, unless they were processed by our warehouse a few minutes prior to your cancellation request. We are unable to accept or guarantee cancellation requests via email or by letter (either posted, or included with returns).
ATTENTION! You cannot use Fast Return when cancelling your subscription, if this occurs you decline your own cancellation.
8.2 Discs must be returned for effective cancellation
Please note that it is the customer's responsibility to ensure that all discs are returned, and all discs must be returned to us before the cancellation will be confirmed. All references to "return" or "returned" in these Terms and Conditions mean that we must have received the discs in question. All discs must be returned before the next billing date following cancellation to avoid any further charges. Once all discs have been returned, the cancellation will take effect immediately and a confirmation email will be sent to you. Upon cancellation of your subscription, any unused Watch Online viewing hours will expire.
We reserve the right to charge a replacement cost of up to € 49 for any non-returned games media.
To avoid problems, we advise obtaining a certificate of posting free of charge from your local Post Office when you return our discs to us. Please note we do not provide refunds or credits for any partial Subscription Months.
8.3 Right to cancel in certain circumstances
If you have just signed up to OnePlay and have changed your mind about subscribing, you may in certain circumstances have a legal right to cancel your membership before the service starts and receive a full refund of your first month's subscription fee. Ordinarily you may cancel the subscription within fourteen working days of the day after the date on which you subscribe if we have not already commenced providing services to you. However, by subscribing you agree that we may dispatch your first disc within that fourteen working day period and you acknowledge that by agreeing to this, this cancellation option is not available to you if we have already assigned your first disc for dispatch. If you are eligible to cancel in this manner, you may do so in accordance with the cancellation instructions in this clause 8 (Cancellation by you and Termination by us). In order to arrange a refund of your first month's subscription fee, you will then also need to contact us to advise us that you have cancelled in accordance with your statutory rights and to request a refund of your first month's subscription fee. Once you have completed these steps, we will cancel your subscription and process your refund.
8.4 Termination by us
We reserve the right to terminate or restrict your use of our service, 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 and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and without notice. In this event we would give you seven days to return our discs and failure to return these discs would incur charges, as described under clause 8.2 above. If we terminate your use of our service for any other reason or no given reason, then we would give you 30 days notice of termination and would expect you to return our discs within the 30 day notice period. In this event failure to return the discs within the notice period would incur charges, as described under clause 8.2 above.
9 Rental Discs Remain OnePlay Property
All discs remain our property at all times.
10 Gift Subscriptions
10.1 Gift subscriptions
From time to time, we may offer gift subscriptions for purchase on the Website. Gift subscriptions can only be used for the rental package specified. The rental package will state whether games are included and whether the rentals are capped (i.e., the recipient can only receive a certain number of rentals per month) or un. If the rentals are un, then the package will state how many Games or games the recipient may have out at any one time.
10.2 Certain conditions affecting gift subscriptions
Gift subscriptions cannot be used in conjunction with any other discount, offer or promotion. Gift subscriptions are not redeemable for cash, and are neither refundable nor transferable. Gift subscriptions are subject to these Terms and Conditions. The recipient can redeem the subscription by entering the gift subscription code during the new account signup process. The validity period of the gift will vary depending on what gift is selected. Recipients of gift subscriptions must be at least 18 years old, residents of the European and will require a valid address and debit/credit card to verify their age.
10.3 Recipient becomes a member if no cancellation
Membership charges will not be taken from the recipient's payment card during the gift subscription period provided the recipient does not upgrade their tariff. If the recipient continues their membership beyond the gift subscription period they will be charged at the prevailing pricing at the time. The membership can be cancelled at any time by visiting the relevant section of the website, once logged in. At the end of the validity period of the gift, the recipient will automatically become a member of our Game Rental Services unless they cancel their membership and return all discs prior to the relevant expiry date of your the gift subscription. The subscription level will be the same as the gift subscription tariff level unless the recipient specifies otherwise and provides at least 5 days written notice prior to the relevant expiry date of the gift. Subsequent subscription membership of the Game Rental Service will be subject to these Standard OnePlay Rental Service Terms and Conditions. Gift subscriptions can be cancelled at any time but no refunds or credits will be given for any unused portion of a gift subscription.
10.4 If recipient is already a subscriber
If the recipient is already a OnePlay subscriber and their existing subscription package has a lower value than their gift subscription, then they will be given the choice of either upgrading to the gift subscription package for the duration of the gift subscription or applying the value of the gift subscription to their existing subscription package. If their existing subscription package has a higher value than their gift subscription, then we will apply the value of their gift subscription to their existing subscription package. We will treat any un package as having a higher value than any capped package. If the gift subscription voucher shows a value on the front, then that is the value of the gift subscription. If it does not, then the value is as shown on the OnePlay site.
11 Prohibited Use Of The 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, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Website. You agree not to interfere with the servers or networks underlying or connected to this Website or our services or to violate any of the procedures, policies or regulations of networks connected to the Website.
You agree not to impersonate any other person while using the Website, conduct yourself in an offensive manner while using the Website, or use the Website for any illegal, immoral or harmful purpose. In order to provide you with an easy-to-use service, OnePlay will place a 'cookie' (a small text file) on any computer you use to access the OnePlay website. When you revisit the OnePlay website, this cookie will enable us to recognise you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.
12 Materials On This Website
All materials (including software and content whether downloaded or not) contained on the Website are owned by OnePlay (or our affiliates and/or third party licensors (as applicable)), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and licence for use of content that you may purchase from the Website to use such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms and Conditions, and any other relevant terms and conditions provided to you without our prior written permission.
You acknowledge and agree that certain content on the Website, and on discs provided to you is the property of third party licensors and without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms and Conditions against you.
12.2 Trade marks
OnePlay, the OnePlay logo and all other OnePlay product or service marks are trade marks of OnePlay ApS. All other trade marks, logos, images, product and company names displayed or referred to on the Website or any Device are the property of their respective owners. Nothing grants you any licence or right to use, alter or remove such material.
13 User Material
The Website or other OnePlay Products and Services may let you submit material to us: for example, you can review Games or games, create and share user collections or create your own quizzes. You may be able to upload video, images or sounds. In these Terms and Conditions, we use the term "User Material" to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. It does not include the account information you provide when you register as a Member or when you subsequently change that information.
This clause 13 (User Material) of these Terms and Conditions sets out the rights and obligations that you and we have in connection with User Material. If you review or submit User Material you are agreeing to do so on these Terms and Conditions. If you do not want to review or submit User Material on these Terms and Conditions, then you should not do so.
We do not systematically review User Material submitted by users. We are not responsible for the content of User Material. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.
We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Website or any of OnePlay Products and Services, particularly where User Material breaches this clause 13 (User Material) of these Terms and Conditions and we may do this with or without giving you any prior notice.
We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant to OnePlay an irrevocable, perpetual, non-exclusive, royalty-free, sublicensable, transferable and worldwide license to use, reproduce, modify, prepare derivative works of, display and perform that User Material in any media. The license you grant us will terminate when your User Material is removed from our website
We may link User Material or parts of User Material to other material, including material submitted by other users or created by OnePlay and/or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those on the Website or to promote, market or advertise OnePlay. We will not sell your User Material to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third party advertising which appears next to User Material.
Each time you submit User Material to us, you represent and warrant to us as follows:
- you own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract;
- your User Material is not illegal, obscene, defamatory, 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 otherwise inappropriate;
- your User Material does not advertise any product or service or solicit any business;
- your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person's consent to being identified in exactly that way in your User Material; and
- in submitting your User Material you are not impersonating any other person.
14 Links To Other Websites / Services
We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability; (b) the privacy practices, (c) the content, advertising, products, goods or other materials or resources on or available from; or (d) the use to which others make of; these websites or services. We are also not responsible for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
15 General Terms And Conditions
15.2 Promotion Codes
Any promotion code or offer provided on the Website or via any Device cannot be used in conjunction with any other promotion code or offer, past or present.
15.3 Indemnity by you
You agree to indemnify and hold the OnePlay, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions, including clause 13 (User Material) or any violation by you of any applicable laws or the rights of any third party.
15.4 Disclaimer of Warranties and Limitations on Liability
(a) Nothing in this clause 15.4 (Disclaimer of Warranties and Limitations on Liability) or otherwise in these Terms and Conditions shall exclude or in any way limit OnePlay liability for:
- fraud; or
- death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977); or
- liability to the extent the same may not be excluded or as a matter of law.
(b) The Website and its contents are provided "as is" and on an "as available" basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of the Website or its content. We assume no liability or responsibility for any errors or omissions in the content of the Website, any failures, delays, or interruptions in the shipment of discs, or our provision of the Watch Online Service. Subject to clause 15.4(a), 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.
(c) Subject to clause 15.4(a), in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party 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 such 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 clause 15.4(c) to be unenforceable, then liability will be to the fullest possible extent permitted by applicable law.
(d) Subject to clauses 15.4(a), 15.4 (b) and 15.4(c) our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the Website, or any website content or your use of OnePlay Products and Services shall not exceed in aggregate the greater of £1 and/or the total amount paid by you to us in respect of OnePlay Products and Services in the month preceding any such claim.
15.5 Applicable Law
The website and OnePlay Products and Services are controlled by OnePlay. Your use and/or purchase of the Website or OnePlay Products and Services is governed by these Terms and Conditions and construed and enforced in accordance with the laws of Denmark. Disputes arising from or in connection with your use of the website and/or your use and/or purchase of OnePlay Products and Services we provide are subject to the non-exclusive jurisdiction of the Danish courts.
15.6 Assignment/Transfer By Us
You agree that we may assign any or all of our rights and/or novate, transfer, sub-contract or delegate any or all of our obligations under these Terms and Conditions to any third party. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other third party.
15.7 Assignment/Transfer by You
OnePlay memberships, subscriptions and your other rights and/or obligations under these Terms and Conditions are not transferable and therefore cannot be sold or traded. Further, you may not assign, novate, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms and Conditions.
15.8 No Waiver
If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
15.9 Force Majeure
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Website or any of OnePlay Products and Services, or for any failure or delay by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
15.10 Third Party Rights
Subject to clauses 14.1, and excluding the provisions of clause 3.1.2 which confers a benefits on third parties and licensors as applicable, which you hereby acknowledge and agree shall be directly enforceable by such third parties, nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999. In accordance with clause 1.2, we may rescind, waive, assign, release or vary any or all of the provisions in this Agreement in any way without your consent or the consent of any third party.
15.11 Entire Agreement
In these Terms and Conditions, unless the context requires otherwise: i any phrase introduced by the words "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
16 OnePlay Contact Details
All correspondence to OnePlay, including any queries you may have regarding your use of the Website, your use and/or purchase of OnePlay products and services or these Terms and Conditions, should be sent to the address set out in clause 1. OnePlay registered office is located at smedeland 13, Glostrup, Denmark and its VAT number is DK 31 49 48 18.
Amended 6th April 2011.
- Collection and use of information
- Information storage
- Information sharing and disclosure
- Security and prevention against loss, misuse or alteration of information
- Your ability to edit and cancel your account
- Contact details
Collection and use of information
If you do not register as a Member of OnePlay, the information we collect from you is . We log your IP address in order to help diagnose problems with our servers, administer this Website and track usage statistics. Your IP address may vary each time you visit, or it may be the same, depending on the type of internet connection. Either way, it would be extremely difficult for us to identify you through your IP address, and we make no attempt to do so. If you reach this Website by clicking on a link or advertisement on another website, then we also log that information. All of this information is collected and used only in aggregate; that is, it entered into our database, where we can use it to generate overall reports on our visitors, but not reports about individual visitors.
If you choose to register as a Member of OnePlay, you will be able to take advantage of all of the features of this Website. OnePlay collects some or all of the personally identifiable information set out below when you subscribe to the OnePlay serviceregister as a Member of OnePlay, when you access and use this Website and/or when you use OnePlay products and/or services. The information we collect will vary depending on the circumstances, e.g., if you use one of our rental services packages or download film or TV content, we will collect most of this information. If you simply use some of our services (such as writing a review or entering a competition) we may only collect more information.
What we collect
- Full name
- Email address
- Telephone number
- Mobile telephone number (optional)
- Payment Card type, number and expiry date
- Date of Birth
- Information about the games, and other content that you have rented, bought, streamed or downloaded
- User Material you submit (e.g., your ratings, reviews, user collections, quiz and other user submissions)
- Information you submit for your User Profile
How we use it
- To check that a payment card is valid
- To pay your account
- To send you Games or games you would like to rent or films you would like to download
- To recommend other games, and other content that you may like to rent, buy, stream or download
- To display your favourites list to others
- To communicate with you regarding your Membership, account or purchase of OnePlay products or services -related matters
- To provide you with order and billing history information
- To contact you about the products and/or services on this Website in which you have expressed an interest
- To display your User Profile to others users of this Website (in accordance with your security settings)
- To email you offers, news and information
- To send you samples of, or marketing materials relating to, third party products or services which we believe may be of interest to you. Such materials may accompany the discs you have selected to rent, or may be sent by us separately. Please note that at no time is it necessary for us to provide your personally identifiable information to third parties in order to send you these materials
- To improve services and enhance personalisation, we may periodically obtain information about you from other third party sources from whom we have lawfully obtained this data and add it to your registration information. Additionally, authorised OnePlay personnel may update your registration information to accurately reflect any new information included in any communications received from you.
If you do not want to receive emails from us with offers, news and information, you can change your contact preferences at any time in the “My Details” area of your “My Account” page.
All information you provide to us is stored in the UK only on secure servers that are protected in secure facilites including firewall protection and located in those countries that form part of the European Economic Area or are considered to provide adequate protection for personal information under the European Union Data Protection Directive (95/46/EC).
recognise you as a OnePlay member so that we can log you in to this Website on a repeat visit;
provide you with customised content and remember preferences you specify while you are using our products or services;
deliver advertisements relevant to your interests when you visit our Website and use our products and services;
provide general internal and customer analytics to conduct research to improve our Website and our products and services; and
support security measures such as requiring re-logging into this Website after a certain amount of time has elapsed.
Information sharing and disclosure
OnePlay is committed to protecting your personal information. We will not disclose your personally identifiable information to third parties without your consent except:
- where OnePlay is required by law to disclose information to third parties;
- where the disclosure is necessary for the performance of our operations (eg. mail delivery, hosting services, protecting us from fraud, and payment of your account); or
We also may share your personal information with third parties (ie agents or sub-contractors) specifically engaged by OnePlay to provide services to us, in which case we will require those parties to keep that information confidential and secure and to use it solely for the purpose of providing the specified services to us.
Companies and individuals registered in the OnePlay Affiliate Program receive aggregate information about customers that they direct to OnePlay through links on their websites. No personally identifiable information is provided to affiliate members; the information collected from our affiliates is used strictly for the affiliates program and will not be used for general marketing purposes.
OnePlay also provides analyses of our customers in the aggregate to prospective partners, advertisers, movie distributors and other third parties. We do this so that we and our business partners can understand you better, and so we can keep bringing you first-rate services. We may also disclose, on an anonymous basis, literal statements made by our customers. At no time, however, will we disclose personal information about specific customers.
Security and prevention against loss, misuse or alteration of information
OnePlay has implemented technology and security features, as well as strict internal guidelines, to safeguard the privacy of your personal information from unauthorised access or improper use. We will continue to enhance our security procedures as new technology becomes available.
For transmitting your personal information to us, we use a secure server with a 256-bit SSL certificate from Thwate which encrypts all of your personal information. This encryption process ensures that the information you give us is protected against unauthorised interception.