This document contains the terms and conditions governing your use of this Website and your purchase of any movie tickets, goods or services from Village Roadshow Gold Class Cinemas ("Gold Class") using this Website.
1. APPLICATION OF THESE TERMS AND CONDITIONS
1. You agree that your use of this Website and the purchase of any movie ticket, goods or services will be governed by these terms and conditions ("Terms of Use").
2. If Gold Class suffers or incurs any loss or damage in connection with any breach of these Terms of Use you agree to indemnify Gold Class from and against those losses and damages.
2. GOLD CLASS MEMBERSHIP
1. Membership is not required in order to purchase tickets. Gold Class offers free membership providing access to certain benefits designed for members (persons registered for membership are herein referred to as “Member”). You acknowledge that if you do not register as a Member, parts of this Website designed for Members may not be accessible to you, and certain benefits designed for Members, including, but not limited to, special offers and promotions, will not be available to you.
2. By registering as a Member you acknowledge that you are over the age of 13 and you agree to receive emails from Gold Class regarding movie times, movie information, special offers, promotions and contests and any and all other Member benefits.
3. Membership is valid at the time of registration. Once registered, Members will receive an email requesting activation, once membership is activated, a Gold Class Membership card can be picked up at the Concierge Desk at any Gold Class cinema. Members must present the card at the cinema when collecting tickets to receive special offers or promotions. Promotions are subject to individual terms and conditions for such event.
4. You agree that Gold Class may cancel your registration as a member and/or refuse you access to this Website at any time in its sole discretion.
5. Employees of Gold Class and its affiliates are entitled to become Members, but are not entitled to enter any competitions on the Website.
6. You may be asked to provide Personal Information (as defined in the Privacy Policy) to Gold Class before purchasing any movie ticket, goods or services from this Website, before entering any contest on the Website or before registering as a Member. If you do not provide that Personal Information to Gold Class, Gold Class may not be able to sell you movie tickets, goods or services, enter you into that contest or register you as a Member.
7. All Personal Information Gold Class collects from this Website will be maintained in accordance with Gold Class's Privacy Policy. Gold Class will use reasonable effort to maintain the security of any Personal Information that you provide. This Website has security measures in place to protect the loss, misuse and alteration of the information under Gold Class's control. However, no data transmission over the internet can be completely secure, and Gold Class cannot give an absolute assurance that the information you provide to us will be secure at all times.
8. Redemption for admission to any particular cinema, movie or show is subject to availability.
3. VOUCHERS & GIFT CARDS
1. Premium Vouchers are valid for the redemption of a movie ticket at any Gold Class cinema location across the US subject to the conditions on the back of the voucher.
2. Food & Beverage Vouchers are valid for redemption of food and beverage up to the value of the voucher, at any Gold Class cinema location across the US subject to the conditions on the back of the voucher.
3. Gift Cards are valid for the redemption of movie tickets or food and beverage up to the value placed on the card, at any Gold Class cinema location across the US subjects the conditions on the back of the Gift Card.
4. Redemption for admission to any particular cinema, movie or show is subject to availability.
5. Vouchers or Gift Cards cannot be redeemed for cash, must not be on-sold without the written permission of Gold Class, are non-refundable and are not available for exchange, unless required by law.
6. The use of vouchers and/or gift cards for the purchase of alcohol is subject to any and all State and Local laws pertaining to the sale and consumption of alcoholic beverages.
4. MOVIE TICKETS
1. Movie tickets can only be purchased via this Website by credit card, premium voucher or gift card. Purchased tickets can be collected by the purchaser presenting the credit card, premium voucher or gift card used for the transaction, along with the confirmations/booking number, to the concierge at the cinema.
2. Movie tickets purchased via this Website are non-refundable and are not available for exchange, unless required by law.
3. A booking fee per ticket will apply to Gold Class tickets purchased via this Website.
4. Where allocated seating applies to a showing you have the choice of choosing your own seat on the Website. Otherwise seat allocation for movie tickets purchased via this Website is on a "best available" basis and is carried out by a prescribed computer program. By purchasing movie tickets via this Website you agree that:
- 1. you will accept the seat allocated by Gold Class to each ticket purchased; and
- 2. Gold Class has made no warranties or representations to you that you will be seated in a particular seat, row or section of the relevant cinema.
5. You agree that Gold Class may at its discretion, refuse to sell movie tickets to you or withdraw any movie tickets from sale via this Website.
6. Prices on this Website include all state and local taxes, where applicable.
7. Movie tickets are made available subject to the classification of the relevant film given by the Motion Picture Association of America. Photo identification stating proof of age may be requested for films rated R or NC-17.
8. Gold Class may use techniques designed to identify fraudulent activities on the Website, such as fraudulent credit card use. If any unauthorized use of your credit card occurs as a result of your credit card purchase on the Website, you should notify your credit card provider in accordance with its reporting rules and procedures.
5. INTELLECTUAL PROPERTY RIGHTS
1. You acknowledge and agree that the copyright and other intellectual property rights in this Website and in all information and materials on this Website ("Website Content") are owned by Gold Class, its affiliates, suppliers or licensors unless expressly indicated. The Website Content is protected by Australian, US and international copyright and trademark laws.
2. You agree that you will not do any of the following without Gold Class's written permission:
- 1. use Gold Class’s trademarks, except for printing out a copy of this Website or as part of a reference to a Gold Class product or service;
- 2. reproduce, copy, modify, merge, adapt, translate, re publish, frame, upload to a third party, post, transmit, broadcast, communicate to the public or otherwise make the Website Content available to the public;
- 3. transmit or display the Website Content on any computer, system or network which permits electronic access by more than one user at a time;
- 4. use, sell, assign, rent, sublicense or otherwise deal with the Website Content except as permitted by these Terms of Use; or
- 5. Anything else which would infringe Gold Class’s rights or the rights of Gold Class’s content suppliers.
3. You may view this Website using a web "browser" so long as you don't change the form of copyright and other proprietary notices. If you are interested in a piece of content for your personal, non commercial use, you may save a single copy, print one or download one.
6. MODIFICATION OF THESE TERMS AND THIS WEBSITE
1. You agree that Gold Class may at any time, in its sole discretion, modify:
- 1. the look and feel of this Website;
- 2. the Website Content; or
- 3. these Terms of Use, with such modifications to take effect from the time that they are posted to this Website.
7. THIRD PARTY LINKS AND ADVERTISING
1. Gold Class provides hyperlinks to third party sites ("Linked Sites") for convenience only, and the inclusion of the hyperlink does not imply any endorsement of the Linked Site by Gold Class or its affiliates. In addition, the inclusion of third party advertising on this Website (whether with or without hyperlinks) is not an endorsement or recommendation of the third party advertiser by Gold Class or its affiliates.
2. You acknowledge and agree that Linked Sites are not under the control of Gold Class and that Gold Class is not liable or responsible for:
- 1. any act, omission or negligence of any person who administers or owns any Linked Site;
- 2. the copyright compliance, legality or decency of any Linked Site;
- 3. the accuracy or reliability of any information provided by any Linked Site;
- 4. any goods or services provided by any person who administers or owns any Linked Site; or
- 5. the performance of any obligations owing to by any person who administers or owns any Linked Site.
8. WEBSITE USAGE
1. You agree that in using this Website, you will not:
- 1. use parts of this Website reserved for registered Members unless you are registered as a Member;
- 2. interfere with the usage of this Website by others;
- 3. use this Website in an illegal manner;
- 4. upload, post, email or otherwise transmit any document or information to this Website that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, sexually, ethnically or otherwise objectionable or vilifying;
- 5. upload, post, email or otherwise transmit any document or information to this Website that infringes any Intellectual Property Rights of any person;
- 6. upload, post, email or otherwise 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; or
- 7. interfere with, allow unauthorized access to or disrupt this Website, the server hosting this Website, or servers or networks connected to the server hosting this Website.
9. ADVANCE BOOKINGS
All tickets purchased prior to the release date of a film are subject to the film being licensed by the distributor to Gold Class. In the event that the film is not licensed to Gold Class, a full refund will be issued with proof of purchase. No additional compensation will be paid to a patron for a cancelled screening due to a film licensing issue.
10. REPRESENTATIONS AND WARRANTIES
1. You acknowledge and agree that apart from where required by law, this Website and all Website Content are provided "as is" without warranties of any kind, express or implied.
2. You acknowledge that, apart from where stated to the contrary on this Website, Gold Class has not made any representations or given any warranties:
- 1. as to the functionality or content of this Website;
- 2. as to the accuracy or completeness of any Website Content;
- 3. that access to this Website will be uninterrupted or error free or that the Website or the server which stores and transmits the Website Content to you are free from viruses;
- 4. that any links contained on this Website will provide you with any useful information;
- 5. that any particular cinema, movie or showing will be available to you on presentation of a premium voucher, gift card or Membership card; or
- 6. that movie tickets to any particular cinema, movie or showing will be available for sale to you.
11. DISCLAIMER
1. Except as provided by law, neither Gold Class nor its affiliates nor the employees, officers and agents of Gold Class or its affiliates will be under any liability to you, in contract, tort or otherwise, in respect of any loss or damage (including consequential loss or damage, loss of profits, economic loss or loss of information) which may be suffered or incurred or which may arise directly or indirectly in respect of:
- 1. your use of this Website;
- 2. the accuracy, completeness or usefulness of any Website Content or information contained in that Website Content;
- 3. your use of any websites that this Website links to;
- 4. any movie tickets or other goods or services supplied pursuant to these Terms of Use; or
- 5. in respect of the failure of Gold Class to comply with its obligations under these Terms of Use.
12. IMPLIED TERMS
1. Where legislation implies in these Terms of Use any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of or liability under such condition or warranty, the condition or warranty will be deemed to be included in these Terms of Use. However, the liability of Gold Class for any breach of such condition or warranty or any other breach of these Terms of Use will be limited, at the option of Gold Class, to one or more of the following: 1. If the breach relates to goods:
- 1. the replacement of the goods or the supply of equivalent goods;
- 2. the repair of such goods;
- 3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- 4. the payment of the cost of having the goods repaired; and
2. If the breach relates to services:
- 1. the supplying of the services again; or
- 2. the payment of the cost of having the services supplied again.
13. MISCELLANEOUS
(a) This agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to the principles of conflict of laws; (b) if any provision of this agreement shall be held to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby; (c) no delay or failure by either party to enforce any right under this Agreement shall be deemed a waiver of that or any other right; (d) if any action shall be brought on account of any breach of or to enforce or interpret this agreement, the prevailing party shall be entitled to recover from the other, as part of the prevailing party's costs, a reasonable attorneys' fee; (e) You may not assign or delegate Your obligations under this agreement, either in whole or in part, without the prior written consent of Gold Class; (f) neither party will be liable for any nonperformance under this agreement due to causes beyond its reasonable control that cannot be reasonably avoided or overcome; (g) the headings and captions used in this agreement are used for convenience only and are not to be considered in construing or interpreting this agreement (h) this agreement, including all exhibits and documents directly referenced, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
