Another contributing factor, though most likely relevant to Hereditary, is release contracts. An example would be certain major releases from particular studios. If you want to be able to exhibit it, you are required to meet x terms and conditions. In some cases, this will be x presentations per day; a minimum run of x weeks, regardless of performance; a requirement to use your largest auditorium, often regardless of sales - as in, another picture is outselling it, but will remain in a smaller auditorium to comply with contract requirements; etc. Show 1 This Site and these TermsThis Site is operated by The Greater Union Organisation Pty Ltd trading as Event Cinemas (ACN 000 024 439) (Event). We value your interest in our Cinemas and appreciate your visit to our Site. These Terms set out how we allow you to access and use our Site, how we display information about our products and services, and the conditions that apply to purchases made on our Site. You should read these Terms in conjunction with the Event Privacy Policy. Browsing, accessing, using, or purchasing any products through the Site forms a legally binding agreement between you and Event, and you accept and agree to be legally bound by these Terms. If you do not agree to be bound by these Terms you must cease accessing and using this Site. 2 InterpretationIn these Terms unless the context
otherwise requires: (a) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth). (i)movie tickets and alternative content tickets; (e) Terms means these terms and conditions as amended by Event from time to time, and include the Event Privacy Policy www.eventcinemas.com.au/terms/privacy. 3 Using this Site3.1 Accessing and using this Site You must only access and use the Site in accordance with these Terms and any applicable law. Event reserves the right to deny access to this Site for any conduct that in its discretion it believes is unlawful or breaches these Terms. 3.2 Prohibited activities You must not, and must not attempt to or assist any other person to: (a) use any of the
content on this Site (including movie session times) for commercial purposes or gain or to establish or operate your own product or offering; Event may refer fraudulent, abusive, or illegal activity to the relevant authorities and reserves its rights to disclose the full details of any such conduct (including any associated personal information). 4 Site content4.1 Information published on the Site Event publishes information on the Site, including about: (a)movies and movie session times; This information is regularly updated, and may change from time to time. Event uses reasonable efforts to ensure that information published on the Site is accurate and up to date, but does not guarantee the accuracy of any information published on its Site. 4.2 Advertising and links to third party websites Event may, from time to time, publish on the Site links to websites controlled by third parties (Linked Sites), including for advertising purposes. Unless expressly published otherwise, Linked Sites are not controlled by Event. Event is not responsible for and does not warrant the accuracy of any content of any Linked Site. You agree that your use of or navigation to any Linked Site is entirely at your own risk. 4.3 Site maintenance The Site may be unavailable or operate with reduced functionality from time to time due to maintenance. Event provides no warranty that the Site will be operational at any time, and no warranties in relation to the content of any other website linked to or from the Site.
All copyright, trade marks, and other Intellectual Property rights subsisting in or in respect of the Site and
any materials displayed or used on the Site, including any photographs, images, text, audio or visual material, or source code, are owned by or licensed to Event, and may not be copied, reproduced, communicated, adapted, distributed, sold, modified, published, or otherwise used without Event’s express prior written consent. 5 Member programs, competitions, and promotionsFrom time to time, Event may offer or operate other promotions, including through this Site (Promotional Offers). Promotional Offers may include: (a )member programs and clubs including CineBuzz; Participation in or acceptance of any Promotional Offer may be subject to availability, not applicable to or available for all Cinemas, and be subject to additional terms and conditions. By participating in or accepting a Promotional Offer you
agree to review and be bound by any applicable terms and conditions. 6 Privacy6.1 Consent to collection and use of personal information Event collects and handles your personal information in accordance with the Event Privacy Policy, available at www.eventcinemas.com.au/terms/privacy. By using this Site or by purchasing any products or
services from this Site, or by submitting any information to this Site, you agree to the collection and use by Event of your personal information in accordance with this policy. 6.2 Cookies Event uses ‘cookies’ and other technologies to track your use of this Site and to adjust the content displayed on this Site. You can disable cookies and the tracking technologies we use and still access the Site. 7 Purchasing products via the Site7.1 Formation of contract Your use of the Site and/or purchase of any product or service through this Site forms a legally binding agreement between you and Event. This clause 7 sets out the terms that govern the sale of products to you via the Site. 7.2 Age restriction Children under the age of 16 must obtain the permission and assistance of their parent or guardian to purchase any product or service through this Site. 7.3 Acknowledgements This clause sets out Event’s policies that may affect your ability to obtain or use any goods or services you purchase via this Site. Film classification The Australian Classification Board makes classification decisions about films under the Classification (Publications, Films and Computer Games) Act 1995. Event may require proof of age identification in order to permit a person entry to a film session. Alcohol Event supplies alcohol at its Cinemas in accordance with its responsible service of alcohol obligations as applicable at each venue and reserves its right to require proof of age identification in order to supply alcohol to any person. Cinema specific policies Specific admittance or conduct policies may apply at each of Event’s Cinemas, and may include access restrictions. Concession tickets Event may
require valid identification before permitting entry to a person holding a concession ticket. No Free List/No Free Tickets Restrictions Event may impose a “no free list” or “no free tickets” restriction (NFT) to certain films and screenings in its discretion. NFT is a restriction imposed for selected films and screenings upon their release. It means that no special complimentary coupons, discounts or offers are valid for use on that specific film or screening
until the restriction has been lifted. Generally, the NFT restriction will only last the first few weeks after a film’s release, although there are exceptions. Disrupting events Event’s obligations to supply to you Products you have purchased via this Site may be suspended due to circumstances outside Event’s reasonable control (Force Majeure events), such as extreme weather or natural disasters, fire, industrial action, electricity, power or communications failures or shortages, or changes to law. Distributor Conditions and Restrictions The supply to you of any film related Products is subject to any conditions, limitations or restrictions imposed by the relevant studio or distributor for that film. 7.4 Prices When you purchase Products through the Site, you will be shown the total purchase price which includes: (a) the price of the Products; By confirming your purchase you agree to pay the total purchase price in accordance with these Terms. 7.5 Disclosure of customer details to payment processor In addition to the collection of personal information as set out in the Event Privacy Policy, you consent to National Australia Bank Limited (ABN 12 004 044 937), Commonwealth Bank of Australia (ABN 48 123 123 124)
and PayPal Australia Pty Ltd (ABN 93 111 195 389) collecting your personal information to process payments made by you on this Site through their payment gateway services. Your payment and credit card details submitted using this Site are fully encrypted through industry standard secure software server technology. Event recommends that you check the SSL/TLS certificate at the time of any purchase to confirm this measure has been taken. If you suspect that unauthorised use of
your credit card has occurred as a result of a purchase from this Site, you should notify your credit card provider immediately in accordance with its reporting rules and procedures. 7.6 Refund and return policy Subject to clause 8, refunds or exchanges are not available if you: (a) simply change your mind about Products you have purchased; 7.7 No Re-Sale or Promotional Use Products or services obtained from this Site (including movie tickets and vouchers) may not be re-sold, on-supplied or transferred for commercial, consumer or promotional purposes, bundled with other goods or services, or used for promotional purposes without Event’s prior written consent. 8 Exclusion of warranties and limitation of liability8.1 This clause prevails This clause prevails over all other clauses in these Terms. To the extent permitted by law, this clause states Event’s entire liability, and your sole and exclusive remedies, for: (a) the performance, non-performance, purported performance, or delay in performance of any obligation Event has under these Terms, or in respect of any representation made on this Site; or 8.2 Your rights You may be entitled to certain statutory rights and guarantees to consumers that cannot be excluded, including those provided for under the Australian Consumer Law. Nothing in these Terms is intended to exclude or restrict any of your statutory rights as a consumer or Event’s liability for: (a) any breach of the obligations implied by law; or 8.3 Event’s obligations In performing any of its obligations under these Terms, or under any contract it has with you, Event’s only duty is to exercise reasonable care and skill. 8.4 Exclusion and limitation of liability 9 Governing lawThese Terms are governed by the laws of New South Wales, Australia. 10 ContactIf you have questions about our services, this Site, or these Terms, you can contact Event by email on: [email protected] Cinebuzz Club Terms and Conditions 1. Introduction: 1.1 These Terms and Conditions are for the Cinebuzz Rewards Program. Your participation in the Program will be governed by these Terms and Conditions. They are intended to protect both Members and the Program Operator. It is a Member’s responsibility to read and understand them. We ask that you read them carefully. 1.2 Use of your Membership Card or Membership Number signifies your acceptance of the current Terms and Conditions of the Program. 1.3 These Terms and Conditions are effective as at 1 July 2014. These Terms and Conditions, including any Benefits of the Program, may be amended from time to time by the Program 1.4 Every Member is subject to these Terms and Conditions. 2. Definitions: 3. Types of Membership 3.1: Cinebuzz Rewards 3.2: Cinebuzz Rewards Crew 3.3: Cinebuzz Rewards for Students 3.4: Cinebuzz Rewards for Seniors 4. Membership Tiers: 5. Membership cost: 6. Membership: 6.1: General Criteria
Those aged 60 years and over may join the Cinebuzz Rewards for Seniors Program; 6.2: Criteria for Cinebuzz Rewards Crew Membership 6.3: Criteria for Cinebuzz Rewards for Students Membership 6.4: Criteria for Cinebuzz Rewards for Seniors Membership 6.5 Criteria for different tiers of Membership: 6.5.1: All Members will fall into one of two tiers within the
Program. Either: 6.5.2: Earning Status Credits for tier assessment 7. Membership Card 7.1 The Program has its own distinctive Membership Cards. There are separate distinctive Membership cards for: 7.2 VIP Membership Cards have a member since date on them. Regardless of whether the member is downgraded from Cinebuzz VIP to standard membership they can to continue to use their Cinebuzz VIP card. 7.3 If a base tier Cinebuzz Rewards Member meets the criteria at any time to move to VIP Membership tier status, the Member will be issued with a new VIP Membership Card for which they now qualify. 7.4 The Member’s existing balance of Reward Points is retained if and when a Member changes status from any one tier to another. 7.5 Members should keep their Card secure. 7.6 The Card is not transferable and must not be given to other individuals to secure benefits from the Program. 7.7 The Membership Card should be presented at the point of sale when making any purchase. 7.8 If a Membership Card is lost or stolen the Member must immediately advise the Program Operator. In the first instance the Program Operator will replace the Membership Card. Thereafter the Member may be charged a replacement fee of $10 at the Program Operator’s discretion. 7.9 The Program Operator shall be entitled to assume that any person that purports to be a Member and provides (whether in person or through any electronic, telecommunications or other media) the Membership Card or Membership Number to the Program Operator is in fact the Member. The Program Operator shall be entitled to reveal to any such person any and all information relating to their Membership and Membership bookings, and treat and act on any request of such a person with respect to any other matter regarding the Program without taking any further steps to verify the identity of the person. 8. Period and Form of Membership 9. Activation of Membership 9.1 Members who join the Program online or via mobile app will be allocated, while enrolling online or via mobile app, a temporary online version of a Membership Card and associated details. From that point, their Membership is active and may be used, including the ability to both earn and redeem Reward Points. Members who have joined online or via mobile app should collect their actual Membership Card when they next attend any Participating Cinema. To do so they need to print off from their online Membership homepage a copy of their online membership card. They should present this print off to staff in cinema who in turn will scan the document and provide them with their actual Membership Card. 9.2 Members who join the Program in cinema will be provided a permanent Membership Card with a Membership Number at that time. The Member can earn Reward Points from that time. However, for the Member to complete enrolment and fully activate their Membership, they must go online at cinebuzz.com.au and provide details to complete their enrolment. In the case of the activation of enrolment for a Cinebuzz Rewards Crew Member, this enrolment must be completed by the parent or guardian of the person being enrolled. Once that process is completed, Reward Points can be redeemed as set out in these Terms and Conditions. 10. Program Benefits 10.1 No Guarantee 10.2 Earning Reward Points Standard sessions for Family Pass earn 400 points, Screen Saver earns 75 points. Screensaver tickets with Vmax Surcharges earn 100 points. Telstra Thanks tickets earn 50 points for standard and 75 for Vmax sessions. Telstra tickets do not qualify for the online bonus points. Moonlight GA can be redeemed at 600 and Moonlight Gold Grass can be redeemed at 1500 points. Moonlight GA Earn 100. Moonlight Gold Grass Earn 250. 10.3 Redeeming Reward Points Members can redeem Reward Points for Free Movie Tickets. The number of Reward Points needed will vary depending on the Membership type and the session type the Member is redeeming the ticket for. Please see cinebuzz.com.au for details of the number of Rewards Points that are required to redeem a Free Movie Ticket. The Program Operator may, at its sole discretion from time to time, offer a reduced points redemption requirement for any particular movie, session, cinema, member type or any combination thereof. Reward Points will be removed from the Member’s account at the time of booking a redemption ticket but may not appear as removed until up to 24 hours after the session in which they were redeemed. Free Movie Tickets for redemption may not be available for all sessions or any sessions marked as No Free Tickets (NFT). Free Movies Tickets are not available on film titles distributed in Australia by Universal Pictures International Australasia Pty Ltd. Where Free Movie Tickets are available for redemption, the number available for redemption in each session is limited and once these have been used others will not be made available for redemption. Members may be able to redeem Reward Points for items other than Free Movie Tickets at certain times as specified by the Program Operator. Reward Points redemption of Free Movie Tickets must be booked online or via the mobile app at cinebuzz.com.au No Free List The Company may impose a “no free list” or “no free tickets” restriction (NFT) to certain films and screenings in its discretion. NFT is a restriction imposed for selected films and screenings upon their release. It means that no special complimentary coupons, discounts or offers and Cinebuzz Reward Points redemption are valid for use on that specific film or screening until the restriction has been lifted. Generally, the NFT restriction will last only 1-2 weeks after a film’s release, although there are exceptions.
10.4 Reward Points expiry 10.5 Flash Promotions and offers 10.6 Screenings
10.7 Program Partners 10.8 Additional Cinebuzz Rewards Crew Member Benefits 10.9 Additional Cinebuzz Rewards for Students Member Benefits 10.10 Additional Cinebuzz Rewards for Seniors Member Benefits 10.11 Additional VIP Member Benefits 11. Required methods of cinema bookings to receive Program Benefits 11.1 In order to ensure that Member bookings can be tracked to deliver Program Benefits, Members must log in to their accounts when making paid ticket bookings either online or via mobile App, or scan/present their Membership Card to the cashier at the beginning of the transaction when purchasing in cinema. 11.2 Reward Points redemption of Free Movie Tickets must be booked online, via mobile app at cinebuzz.com.au or in cinema. Members must sign into their online account and follow the prompts associated with online redemption bookings. 12. Termination and Liability 12.1 If in the Program Operator’s reasonable opinion, a Member is using their Membership in an abusive or fraudulent way, has failed to comply with these Terms and Conditions, has committed an unlawful act or causes wilful damage to the Program Operator’s property, the Program Operator has the right to: 12.2 Fraud or abuse concerning the Membership and/or privileges and Benefits may be subject to appropriate administrative and/or legal action by the Program Operator. 12.3 On the death of a person who is a Member the Membership will automatically terminate. 12.4 The Program Operator reserves the right to terminate the Program at any time without assigning any reason or giving any prior notice. 12.5 All Benefits, offers and rewards will be forfeited on termination of a Membership or on termination of the Program. The Program Operator (and its related bodies corporate and Program Partners) will have no further liability to any Member on termination of the Member’s membership or termination of the Program. 12.6 To the extent permitted by law (and including without limiting the application of the Australian Consumer Law and the Consumer Guarantees): 12.7 Nothing in these Terms and Conditions of Membership shall limit the Program Operator in the exercise of any of its legal or equitable rights and remedies. 13. Local laws and possible tax liability 13.1 The Program and the Member’s entitlements to any Benefits under the Program are subject to all laws applicable to the Program Operator and to the Member which restrict, prohibit or limit the scope or extent of the Program or any Benefits or privileges. 13.2 Rewards under the Program may be subject to tax liability. Any tax liability, including disclosure, connected with the receipt or use of the programs is the responsibility of the Member. 14. Reserved right to amend the Program 14.1 The Program Operator reserves the right to amend or alter the Terms and Conditions of the Program at any time. All interpretations of these Membership rules and regulations and conditions shall be at the sole discretion of the Program Operator. 15. Governing Law and jurisdiction 15.1 The Terms and Conditions of Membership of the Program are governed by and will be construed in accordance with the laws of New South Wales, Australia irrespective of where the application for Membership has been completed by the Member and submitted to the Program Operator. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions or Membership, the Member submits to the non-exclusive jurisdiction of the courts in the State of New South Wales. 15.2 Nothing in these Terms and Conditions affects any rights a Member may have and which by law cannot be excluded, including under the Australian Consumer Law. 15.3 If part or all of any clause in these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect. 16. Privacy Policy 17. Contact Us Contact us Privacy Officer You should provide us with as much detail as possible about the particular information sought, in order to help us retrieve it. An access fee may be charged. If you wish to make a complaint about a privacy matter, we will examine the complaint and endeavour to respond within 14 days. If you are dissatisfied with our response, you may refer the matter to the Australian Information (Privacy) Commissioner (see www.oaic.gov.au). The Company reserves the right to change this privacy policy at any time. The Company will notify any changes by posting an updated version of the policy on its website.
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