Our Transaction Terms have been updated and has an Effective Date of February 1, 2019


WHAT ARE THESE TRANSACTION TERMS?

These transaction terms are brought to you by ClubVR (“ClubVR”). They explain the rules for renting items from the ClubVR platform or kiosk (which we call “ClubVR Transactions”).

These transaction terms are part of the ClubVR Terms of Use and you agree to these transaction terms and the Terms of Use each time you enter into a ClubVR Transaction. IMPORTANT: These transaction terms or the Terms of Use, including what, how and when we charge for a ClubVR Transaction, may have changed since the last time you rented or otherwise transacted with ClubVR, so remember to check them prior to each rental or other transaction. Please also read the ClubVR Privacy Policy, which explains ClubVR’s information collection practices, such as the types of information ClubVR collects and how ClubVR may use that information.

FOR ANY CLUBVR PLATFORM OR KIOSK TRANSACTIONS WHERE THE RENTED ITEM IS TO BE DELIVERED TO OR PICKED UP AT A LOCATION IN A JURISDICTION THAT DOES NOT REQUIRE TAX TO BE CHARGED OR COLLECTED AND FOR ANY CLUBVR ON DEMAND TRANSACTIONS WHERE THE ACCOUNT HOLDER’S BILLING ADDRESS IS LOCATED IN SUCH A JURISDICTION, THE CHARGES ASSOCIATED WITH YOUR RENTAL/PURCHASE WILL BE STATED AT THE TIME OF YOUR TRANSACTION (WHETHER AT THE KIOSK OR RESERVING ONLINE OR VIA MOBILE APPLICATION FOR CLUBVR KIOSK TRANSACTIONS OR ON THE APPLICABLE TITLE’S PAGE FOR CLUBVR ON DEMAND TRANSACTIONS). NO TAX WILL BE ADDED TO THOSE STATED CHARGES. THEREFORE, ANY REFERENCE TO “PLUS APPLICABLE TAX” OR “PLUS TAX” IN THESE TRANSACTION TERMS DO NOT APPLY TO THOSE CLUBVR TRANSACTIONS.

HOW DOES IT WORK WHEN I RENT AN ITEM FROM THE CLUBVR PORTAL OR A CLUBVR KIOSK?

1. Each item you rent from the ClubVR platform or kiosk has a minimum rental period of one day. That one day minimum rental period is measured from the time you first receive your rental through 9:00 p.m. the next day – unless we tell you differently at the kiosk or otherwise before you rent. Please remember to account for differing time zones if you rent and return your rental at ClubVR kiosks in different time zones. Each item you can rent from a kiosk has a daily rental charge, which may vary from kiosk to kiosk. To incur a single daily rental charge, you must return your rental by 9:00 p.m. the next day in the time zone where you return your rental. For example, if the daily rental charge for a game is $1.05, you will be charged only $1.05, plus applicable tax (except for jurisdictions that do not require sales tax to be charged or collected), if you rent a game at any time on Tuesday before midnight and return it the next day (Wednesday) by 9:00 p.m. local time at the kiosk where you return your item.

2. Then, for each additional day you do not return an item by 9:00 p.m. local time, your rental continues and you will be charged an additional daily rental charge, plus applicable tax (except for jurisdictions that do not require sales tax to be charged or collected), for each item. Many ClubVR kiosks have games available for rent for $1.05 per day, plus tax (except for jurisdictions that do not require sales tax to be charged or collected), so if you keep that game for the one-day minimum rental period and return it two days later by 9:00 p.m. local time, you will be charged $3.15 plus applicable taxes (except for jurisdictions that do not require sales tax to be charged or collected). For example, if you rent a game on Tuesday but do not return it until the immediately following Friday at 6:00 p.m., you would be charged the daily rental charge for the first day, plus two additional daily rental charges, plus tax (except for jurisdictions that do not require sales tax to be charged or collected). If the daily rental charge is $1.05, you would pay a total of $3.15, plus tax (except for jurisdictions that do not require sales tax to be charged or collected). If you returned the game after 9 p.m. on Friday but on or before 9:00 p.m. on Saturday, you would incur another daily rental charge, for a total of $4.20, plus tax (except for jurisdictions that do not require sales tax to be charged or collected). And so on.

3. For some items, the daily rental charge for the minimum rental period (one day) may be different than it is for each additional day the item is not returned. For example, the daily rental charge could be $3 for the minimum rental period and $1 each additional day. In that case, if you keep that game for the one-day minimum rental period and return it two days later by 9:00 p.m. local time, you will be charged $5, plus tax (except for jurisdictions that do not require sales tax to be charged or collected).

4. Each item you rent from ClubVR also has a maximum rental period as disclosed at the kiosk screen before you pay.

5. If you keep an item through the maximum rental period, that item is yours to keep and ClubVR will charge you the maximum charge for that item. The maximum charge varies depending on the type of item you are renting and the daily rental charge(s) for the item. For example, if a game’s daily rental charge is $1.05 and its maximum charge is $17.85, then the maximum rental period for that game (before you own it and owe $15.30, plus tax (except for jurisdictions that do not require sales tax to be charged or collected)) is 17 days. Therefore, for many items, the maximum charge is equal to the daily rental charge multiplied by the number of days in the maximum rental period plus tax (except for jurisdictions that do not require sales tax to be charged or collected). See the examples in the chart below. However, if an item’s rental charge for the minimum rental period (i.e., the first day of rental) is different from the daily rental charge for each additional day, the maximum rental period will be shorter than for other items because the maximum charge will be reached faster. For example, if a game’s daily rental charge for the minimum rental period is $3 and then $1 for each additional day and the maximum charge for that game is $25 plus tax (except for jurisdictions that do not require sales tax to be charged or collected), then the maximum rental period for that game is 23 days (i.e., $25 was reached on day 23 because you owe $3.00 for the first daily rental charge and then $1.00 a day for all additional days).

6. ClubVR kiosk screens will display the daily rental charges and maximum rental periods for your rentals. Below is an example of daily rental charges (excluding tax), maximum rental periods, and the resulting maximum charges that may apply at your kiosk for some items. Charges and rental periods may vary by kiosk. Also, charges may change from time to time, so please carefully review the pricing and rental information displayed on screen each time you rent from us. Additionally, you can call us at 1.203.651.0207 with any questions.

Item:

Example Daily Rental Charge:

Example Maximum Rental Period:

Example Maximum Charge:

Game

$3.00

23 days

$69.00

System

$154.40

7 days

$1,080.80

7. The number of items you may rent at a given time is subject to ClubVR’s discretion. For instance, if you are a first time customer, you may not be allowed to rent as many items during your first transaction as a returning customer.

8. If you reserve an item online, via a mobile device, or through another ClubVR platform, your rental begins to run at that point. We will hold your reserved item at the selected kiosk until 9:00 p.m. local time (at the kiosk) the day after you place your reservation. So, for example, if you reserve an item online on Tuesday before midnight and return it before 9:00 p.m. local time (at the kiosk) the day after you place your reservation, you will be charged the daily rental charge, plus applicable tax (except for jurisdictions that do not require sales tax to be charged or collected). If you pick up your reserved item on the next day (Wednesday) and return it on Thursday by 9:00 p.m., you would incur two daily rental charges, plus tax (except for jurisdictions that do not require sales tax to be charged or collected). If you never pick up your reserved item, you will be charged for one daily rental charge, plus tax (except for jurisdictions that do not require sales tax to be charged or collected). This charge is in consideration of our holding the item for you and not releasing it for rental to another customer. Note that placing an item in your “cart” does not mean it is reserved – it is possible that someone else can complete a reservation transaction for the same item at the same kiosk before you complete your reservation. You must complete the reservation transaction (including payment card authorization, if applicable) before your reservation is secured. If you do not reserve an item, then it may or may not be available for rental at a kiosk at any given time. We make no guarantee than an item will be available for rental at any kiosk at any given time. Your rental reservation is only valid at the kiosk for which you made the reservation and is non-transferable.

9. Each time you rent from ClubVR, it is considered a single transaction regardless of how long your rental lasts or how many items you rent. You can terminate a rental transaction at any time by returning the rented items, or by keeping the items through the maximum rental period, so long as you pay the accrued daily rental charge(s), plus tax (except for jurisdictions that do not require sales tax to be charged or collected).

If you believe you rented a defective item from us, please call customer service right away at 1.203.651.0207 or This email address is being protected from spambots. You need JavaScript enabled to view it.. Otherwise we will assume that the defect occurred during your rental. YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR A DEFECTIVE RENTAL IS A SUBSTITUTE RENTAL OF EQUAL OR LESSER VALUE FOR THE SAME TYPE OF ITEM, AND CLUBVR’S LIABILITY IS FURTHER LIMITED AS DETAILED IN THE TERMS OF USE. If an item is returned damaged, as determined by ClubVR in its sole and absolute discretion, we reserve the right to assess and charge your payment card for additional fees in an amount, together with all applicable rental charge(s), not to exceed the maximum charge for that item.

WHEN AM I CHARGED FOR RENTALS FROM THE CLUBVR PLATFORM OR A KIOSK?

1. At the time of rental or reservation, ClubVR will seek an authorization from your payment card company. The amount of the authorization sought will depend on the item(s) you are attempting to rent or reserve and may also vary depending on the nature of the payment card you have provided. In some instances, the authorization sought will be equal to one daily rental charge for each item, plus tax (except for jurisdictions that do not require sales tax to be charged or collected). In some circumstances, ClubVR may increase incrementally the authorization amount on a day-to-day basis as you keep your rental items for additional days. In other circumstances, however, we may seek an authorization equal to up to five daily rental charges for each applicable item, plus tax (except for jurisdictions that do not require sales tax to be charged or collected). If you are redeeming a promotion code (described below) as part of the transaction, we may reduce the amount of the authorization sought to account for the value of the promotion code.

2. You authorize ClubVR to process charges on your payment card for all daily rental charges, plus tax (except for jurisdictions that do not require sales tax to be charged or collected), incurred based on the length of your rental. Presently, all daily rental charges and taxes (except for jurisdictions that do not require sales tax to be charged or collected) are processed at the time you return your rental – but if you rent multiple items from ClubVR at the same time, all rental charges and taxes (except for jurisdictions that do not require sales tax to be charged or collected) you owe based on the length of your rental of each item will be processed for all items when the final item is returned to a ClubVR kiosk (or, if you do not return all items, at the end of the last maximum rental period for the unreturned item(s)). ClubVR reserves the right to process rental charges and taxes (except for jurisdictions that do not require sales tax to be charged or collected) on a more frequent basis.

3. Note that if you purchase an item at the same time you rent an item, you will be charged for your purchase and rental at the time you return your rental (or, if you do not return your rented item, at the end of the maximum rental period for the rented item). In some cases, ClubVR may charge your payment card the first night’s rental fee at the time of rental or when you pick up an online reservation and may charge your payment card for the balance of your rental charges upon return of your items.

4. If your payment card is declined, we have the right to collect all past due charges from you and we reserve the right to charge you interest for overdue charges at the then-highest current rate allowed by law.

WHAT ARE PROMOTION CODES AND CLUBVR CREDITS?

Promotion codes and ClubVR Credits are promotional offers from ClubVR that provide a discount or a free day’s rental of a certain item (for its minimum rental period). Only ClubVR and others expressly authorized by ClubVR may distribute promotion codes and ClubVR Credits. Each of these promotional offers is subject to the terms and conditions disclosed in connection with or on the offer. Unless the terms in the applicable offer state otherwise, the following applies to all promotion codes and ClubVR Credits: (a) Your payment card is necessary to redeem your promotion code or ClubVR Credit and will be charged for all charges (plus applicable tax (except for jurisdictions that do not require sales tax to be charged or collected)) not covered by the promotion code used or ClubVR Credit(s) available based on the length of your rental or number of items rented; and (b) Promotion codes and ClubVR Credits are not transferable, are not for resale or auction, cannot be combined with other offers, cannot be redeemed for cash, and cannot be used as part of a promotion or otherwise offered without ClubVR’s prior written permission. Unless the terms in the applicable offer state otherwise, the following applies to all promotion codes: (a) Limit 1 promotion code per ClubVR Transaction; and (b) Promotion code applies to only 1 item per ClubVR Transaction. We reserve the right to terminate a promotion code or ClubVR Credit at any time. If you have an outstanding, unpaid balance with ClubVR or have a prior history of abuse, you may not be eligible to use a promotion code or ClubVR Credit, as determined in ClubVR’s sole discretion.

Unless the terms in the applicable offer state otherwise, the following applies to use of any credit (as opposed to a promotion code): You must have or register for an online ClubVR account to receive credits. Credits may only be used for items and as described in connection with the offer. Once you select the “USE CREDITS” or similar button at the kiosk and swipe the payment card associated with your online ClubVR account at checkout, your credit or credits will be applied to your Rental Transaction for qualifying item or items. If you rent multiple qualifying items in one Rental Transaction or rent a single qualifying item for multiple days, credits will be applied automatically until your account has no more credits or you return the item or items. Your payment card (necessary for any rental) will be charged the full daily rental rate for any additional items not covered by the credit or credits in your account, plus applicable tax (except for jurisdictions that do not require sales tax to be charged or collected), and, once your credit or credits are depleted, your payment card will be charged the full daily rental rate(s) plus applicable tax (except for jurisdictions that do not require sales tax to be charged or collected) for each day you do not return your rental by 9:00 p.m. local time (at the kiosk). Void where prohibited by law. Credit must not be copied, sold, or otherwise offered. Any other use constitutes fraud and may be prosecuted.

WHAT ARE CLUBVR CARDS?

ClubVR may offer physical and online gift cards, which are called ClubVR Cards. Use of a ClubVR Card is subject to its terms, located here. Except as detailed in the ClubVR Card Terms, these Transaction Terms apply to the rental or reservation of any item using a ClubVR Card.

RENTAL AND RETURN NOTIFICATIONS, RECEIPTS AND E-MAIL COMMUNICATIONS

To receive rental and return notifications, receipts and marketing communications from ClubVR via e-mail, provide your e-mail address on the platform or at a kiosk when prompted. Submitting your e-mail address is not required to consummate a rental transaction at a kiosk – it is optional and voluntary. By submitting your e-mail address at a kiosk, you consent to receive e-mail communications from us, which may include notices, disclosures, agreements, product specials, discounts and promotions. If you no longer want to receive e-mail communications from us, you may elect to unsubscribe using the link and instructions provided in one of the e-mails sent to you or by logging in to the Club-VR.com web site and editing your account notifications and subscriptions. Note that if you choose to unsubscribe, you may no longer receive e-mail rental and return notifications and receipts unless you re-submit your e-mail address at a kiosk for your next rental, at which point you will again receive all communications unless or until you choose to opt-out. You can also manage receipts and e-mails from ClubVR and view your rental history by establishing an account at Club-VR.com.