Terms & Conditions
Gift Cards and e-Gift Vouchers
Standard Terms and Conditions:
- This competition is only open to UK residents, excluding employees of Picturehouse Cinemas Limited or any of its subsidiary companies, their families, agents or anyone else connected with this promotion. No third party entries, bulk entries or entries submitted by agents will be accepted. Picturehouse Cinemas Limited reserves the right to verify the eligibility of entrants. Picturehouse Cinemas may require such information as it considers reasonably necessary for the purpose of verifying the eligibility of an entry and the prize may be withheld until and unless Picturehouse Cinemas is satisfied with the verification.
- Entrants must be over 18 and warrant such by entering this competition/prize draw.
- Entries not complying with these terms and conditions will be invalid.
- Entries received after the expiry date are invalid.
- The instructions provided at the point of entry form part of the terms and conditions of this competition/prize draw, and in the event of a conflict, these terms and conditions take precedence.
- Winner(s) will be notified of the expiry date specific to the competition/prize draw via email or through the Picturehouse Facebook page (in the case of the latter the winner(s) is/are responsible for seeking out the notification themselves), dependent upon the manner in which the competition/prize draw was entered. The announced winner(s) is/are responsible for contacting Picturehouse Cinemas within a week of such notification.
- The announcement of the winner(s) will include contact details for the winner(s) to use in order to claim their prize.
- In the event the announced winner(s) does not contact Picturehouse Cinemas within the deadline outlined above the company reserves the right to issue the prize to another entrant(s) and the original announced winner(s) will have no claim to any prize issued.
- Picturehouse Cinemas will not be responsible for any inability of a prize winner to take up the specified prize.
- Picturehouse Cinemas reserves the right to provide substitute prize(s) of similar value should the specified prize(s) become unavailable for reasons beyond its control. Cash or credit alternatives will not be offered. None of the prizes are transferable.
- Picturehouse Cinemas accepts no responsibility for incorrectly completed, lost or delayed entries, notices, acceptances, tickets or other documents related to the prize(s). Incomplete, inaudible or illegible entries will be disqualified. Picturehouse Cinemas shall not be responsible for technical errors in telecommunications networks, internet access or anything else preventing entry to any competition.
- In the event of fraud, abuse, and/or an error affecting the proper operation of this competition/prize draw, including the allocation of more prizes than are available, Picturehouse Cinemas reserves the right to end or suspend the competition/prize draw; amend these terms and conditions; declare void the notification of winner(s); and/or to allocate available prizes by conducting a simple draw from all wrongly allocated winners.
- If any provision of these terms and conditions is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.
- The winner(s) may be required to participate in publicity connected with this competition/prize draw. It is a condition of entry that the winner(s) agree to their name and city of residence being made publicly available if they win.
- Entrants' data will be collected, stored and processed for the purposes of administering and assessing this competition/prize draw.
- Picturehouse Cinemas reserves the right to suspend, cancel or amend the competition/prize draw and/or review and revise these terms and conditions at any time without giving prior notice and by continuing to take part in the promotionsubsequent to any revision of these terms and conditions, entrants shall be deemed to have agreed to any such new or amended terms.
- This competition/prize draw is governed by English Law and is subject to the exclusive jurisdiction of the English courts.
**EXPIRED** MEMBERSHIP FLASH SALE 2017 - TERMS AND CONDITIONS **EXPIRED**
The Picturehouse Flash Membership Sale applies to the follow Membership types: Individual Member, Individual Member Plus, Retired Individual and Retired Member Plus. All Student Memberships are exempt from the offer.
Stratford East Membership is excluded from the offer but patrons can purchase a Central or London Membership which can be used at this cinema.
Current Picturehouse Members can only renew their Membership with a 40% discount if their Membership is within 90 days of expiry. Members taking part in the offer can only renew their current Membership type; upgrades cannot be made. Those who renew do not get any further renewal discounts.
The discount does not apply to Direct Debit sign-ups or Gift Membership items.
The offer can only be redeemed online (www.picturehouses.com/membership) or via the telephone (0871 902 5747; calls cost 13p per minute plus your telephone company’s access charge).
The offer is not available in person, at the box office.
The offer is valid from 11.59pm on Thursday 23 November and expires at 11.59pm on Friday 24 November.
Promotion not valid in conjunction with any other offer or discount.
Picturehouse Cinemas standard terms and conditions apply.
Family Fun Pack at Stratford Picturehouse, London
£20 family fun-pack includes four tickets (must include on adult and one child) and a Kids’ Combo Drink and Popcorn per child.
DEAL TERMS - Extra kids in the group get tickets for £5 (including Kids’ Combo popcorn and drink). Children must be under 15. Excludes premium-price screening and regular clubs. £2 supplement per person for 3D films. This is subject to the standard Ts & Cs above.
- The cinemas participating in the Picturehouse Rewards Scheme ("the Scheme") are Stratford Picturehouse, London and Picturehouse at FACT, Liverpool ("the Participating Cinemas").
- No other Picturehouse cinemas are participating in the Scheme and items purchased there will not contribute to Scheme members’ points totals.
Joining the Scheme
- Membership of the scheme is free and will be given on application.
- Scheme members are required to provide their first and last names, email address, mobile telephone number and date of birth.
- Scheme members are requested to provide other information including contact details and details of their preferences.
- Scheme members can request a Reward card when they visit one of the participating cinemas.
- Picturehouse Members will be signed up to the scheme automatically as part of their membership benefits.
- Picturehouse Members can use their membership card as a Reward card.
- The scheme is not open to Picturehouse staff.
- Scheme members will earn one point for each complete pound (£1) that they spend at the Participating Cinemas provided that their Reward card is presented at the time of the purchase (or added to an online purchase by using the ‘Use Membership’ facility on the website).
- Points cannot be added to a Scheme member’s account retrospectively.
- Points are added to Scheme members’ accounts overnight and so will not be ready for use until the following day.
- The Participating Cinemas may, at their discretion, hold promotions at various times to enable Scheme members to earn additional points.
- Points do not have an expiry date.
- Points have no value until converted into Rewards.
- Scheme members can use points on their account to claim Rewards offered by the Participating Cinemas.
- Details of the Rewards available will be on display at the Participating Cinemas.
- The total on Scheme Members’ accounts will be reduced by the number of points redeemed.
- The Participating Cinemas may, at their discretion, hold promotions at various times to enable Scheme members to use their points to obtain additional Rewards.
5 Points can not be used to get free tickets to premium priced events.
- If Scheme members use points to get a free ticket for a 3D film they will still need to pay the 3D supplement (including the payment for glasses).
- Scheme members must keep their accounts active by adding points or claiming rewards regularly.
- Scheme Members’ accounts will expire (and all the points will expire) if the account has not used for two years or more.
- We reserve the right to withdraw accounts at our sole discretion if we reasonably believe that there has been any abuse or attempted abuse of the scheme.
- The Scheme does not have an expiry date. However, we reserve the right to end it at any time by giving a minimum of six months notice which shall be given by notifying Scheme Members on the picturehouses.co.uk website.
- The Scheme is operated by Picturehouse Cinemas Limited, Power Road Studios 114 Power Road - Chiswick - London W4 5PY
- The Scheme is operated at Picturehouse Cinemas Limited sole discretion and may be amended or withdrawn at any time.
Picturehouse Membership Terms and Conditions:
1. WHO WE ARE
- Picturehouse Cinemas Limited is a limited company registered in England as company number 2310403 and its registered office is 8th Floor, Vantage London, Great West Road, Brentford TW8 9AG. Our registered VAT number is 9973368 53.
This website (www.picturehouses.com) is owned and operated by us (referred to in these terms and conditions simply as our website).
2. APPLICATION OF THESE TERMS & CONDITIONS
- Please read these terms and conditions carefully and make sure that you understand them before applying for a Membership (you may wish to print a copy for your records). By accessing our website you are agreeing to these terms and conditions but they do not affect your legal rights. If you do not agree with the terms and conditions you should not apply for a Membership, use our website or place an order.
- If you think there is a mistake in these terms and conditions or you have any questions, then please contact us to discuss.
- We may occasionally amend these terms and conditions and you should check them each time you place an order. These terms and conditions were last amended on 15 March 2018.
- You are only eligible for a Membership if you are aged 16 or older and are resident in the UK or Ireland. By submitting an order you are promising to us that you are at least 16 years old. We may at any point ask for proof of your age.
3. TYPES OF MEMBERSHIP
We offer different types of Membership:
- Individual Membership
- Member Plus
- Student Membership
As well as an upgrade to Premium Membership for Individual and Plus members on renewal in certain circumstances (referred to as the ‘Premium upgrade’ or ‘Premium membership’) (please see clause 10 for more details about the premium upgrade).
The benefits of these different types of Membership are detailed in clause 7 below. When you purchase a Membership, you will select a Membership category which will determine the cinemas at which you can use your free tickets and may also give you access to certain other offers and benefits specific to cinemas within your chosen category from time to time (please see clause 7.3 below). The locations and cinemas currently available which can be associated with each type of Membership are as follows:
- Picturehouse Central located at Corner of Great Windmill Street and Shaftesbury Avenue. Piccadilly, London, W1D 7DH.
- Clapham Picturehouse located at 76 Venn Street, London, SW4 0AT
- Crouch End Picturehouse located at 165 Tottenham Lane, London N8 9BY
- East Dulwich Picturehouse located at 116A Lordship Lane, London, SE22 8HD
- Gate Picturehouse located at 87 Notting Hill Gate, London, W11 3JZ
- Greenwich Picturehouse located at 180 Greenwich High Road, Greenwich, London, SE10 8NN
- Hackney Picturehouse located at 270 Mare Street, London, E8 1HE
- Ritzy Picturehouse located at Brixton Oval, Coldharbour Lane, London, SW2 1JG
- Arts Picturehouse located at 38–39 St Andrew’s Street, Cambridge, CB2 3AR
- The Cameo located at 38 Home Street, Edinburgh, EH3 9LZ
- Cinema City located at St Andrew’s Street, Norwich, NR2 4AD
- City Screen Picturehouse located at 13–17 Coney Street, York, YO1 9QL
- Duke’s at Komedia located at 44–47 Gardner Street, Brighton, East Sussex, BN1 1UN
- Duke of York’s Picturehouse located at Preston Road, Brighton, East Sussex, BN1 4NA
- Exeter Picturehouse located at 51 Bartholomew Street West, Exeter, EX4 3AJ
- Harbour Lights Picturehouse located at Ocean Village, Southampton, SO14 3TL
- The Little Theatre Cinema located at St Michael’s Place, Bath, BA1 1SF
- Picturehouse @ FACT located at 88 Wood Street, Liverpool, L1 4DQ
- Phoenix Picturehouse located at 57 Walton Street, Oxford, OX2 6AE
- Regal Picturehouse located at 2 Boroma Way, Henley-on-Thames, Oxfordshire RG9 2BZ
- Stratford-upon-Avon Picturehouse located at Windsor Street, Stratford-upon-Avon, CV37 6NL
- Stratford Picturehouse located at Salway Road, London, E15 1BX
- Picturehouse at Science And Media Museum located at Science And Media Museum Little Horton Lane, Bradford, BD1 1NQ.
Please Note:The number, location and opening hours of Picturehouse Cinemas in any area or category may change during your Membership period. A list of current Picturehouse Cinemas is available from our website and the Membership helpline.
4. APPLICATION OF THESE TERMS & CONDITIONS
- You may apply for a Membership by completing the application form and making payment on our website or subscribing at the kiosk in a Picturehouse Cinema or by telephone on the Picturehouse phone line [0871 902 5747]. You may not apply for a Membership for anyone other than yourself.
- You may apply to renew your Membership online through your MyPicturehouse account, by calling the Membership Helpline or at the kiosk in any Picturehouse Cinema.
- Up until the point at which you place an online order, you can review it and make changes to it. Please take the time to check your order before submitting it. If you submit an order in error you will have the opportunity to cancel this as detailed in clause 5.
- If you place your order on a Saturday, Sunday or bank holiday, the order will be processed and confirmed usually by the following business day in the UK.
- When placing an order you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to place the order and purchase Membership from us using those payment details. If we do not receive payment authorisation or any payment authorisation is subsequently cancelled, we may immediately terminate or suspend your access to your Membership. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.
- We are not obliged to accept your order and can refuse to do so for any reason. We may also be unable to accept your order because:
We will let you know if this is the case and will not charge you for the Membership you have attempted to order.
- we have identified an error in the price or description of our services;
- we are unable to obtain authorisation for your payment;
- you do not meet the eligibility to order criteria as set out in these terms and conditions.
- If you have applied online and your application is accepted, we will send you a booking confirmation email containing the details of the temporary Membership number(s) and you will need to collect your Membership card at any Picturehouse Cinema. However, if you qualify for the upgrade to Picturehouse Premium Membership on renewal then your Membership card(s) will be posted to your address specified on your application form (see clause 7).
- If you have applied in a Picturehouse Cinema and your application is accepted, we will send you a booking confirmation email (provided that you specify your e-mail address on your application form) confirming receipt of your order and issue you with a Membership card. However, if you qualify for the upgrade to Picturehouse Premium Membership on renewal then your Membership card(s) will be posted to your address specified on your application form (see clause 7).
- The creation of an agreement between you and us for the Membership you register for will only occur when we confirm acceptance of your application and, if you purchased your Membership online, issue details of your temporary Membership number to you.
- All Memberships are annual. You understand that by purchasing a Membership you are committing to pay the full annual subscription fee in advance for that Membership for the period of 12 months (subject to these terms and conditions).
- No refund of the annual subscription fee for the period which is paid in advance will be made unless you cancel in accordance with clause 5 below or we are in breach of these terms and conditions in which case clause 14 applies.
- To purchase and use a Picturehouse Student Membership, a valid student ID is required and may be requested at any time.
- Please note that as part of the order process (whether online or at a Picturehouse Cinema) you will be asked to register a Member’s account called a “MyPicturehouse account” with us and registration is for a single user only. When you receive your Membership card (see clause 4) you will need to activate your Membership via your MyPicturehouse account in order to access the full benefits of your Membership. On registration, you will be asked to choose a user name and password (this will be your “ID”) this is personal to you. The email address that you provide must correspond to a named email account and not a generic or shared email account.
- You must not share your ID or give access to your MyPicturehouse account through your ID to anyone else. We may suspend or cancel your subscription and terminate the agreement and your Membership if you share your ID without our consent.
- You are responsible for all use of your Membership whether by you or anyone else who is using your ID and you must prevent unauthorised use of your ID.
- If you believe there has been any theft or unauthorised use of your ID or any payment information, you must notify us immediately at 0871 902 5747 or via email@example.com and immediately change your password by using the ‘Forgot your password?’ function on our website.
- We recommend that you change your user password regularly. Changes to your ID can be made by logging in to your “Manage My Account” section of your MyPicturehouse account.
5. CANCELLATION RIGHTS
- If you applied for your Membership via our website, you may cancel the Membership at any time within 15 days from the date your application is accepted and you receive our email containing your temporary Membership number (as referred to in clause 4 above). This period is known as the cancellation period.
- To cancel, you will need to contact the Membership helpline by phone, or in writing by email or post, and let us know of your decision to cancel or you can use our template cancellation form (please request one by emailing firstname.lastname@example.org) within the cancellation period.
- If you cancel in accordance with this clause 5 you will receive a full refund of any subscription fee you have paid for your Membership although, if you visit Picturehouse cinema(s) during the cancellation period, you will be charged and must pay for any free tickets used and/or other costs incurred by us arising from the visits to the cinema by you during that time, in which case the amount refunded will be reduced accordingly and, in certain circumstances, could mean that no refund is due.
- Refunds will be paid back to the credit, debit or charge card used to purchase the Membership (or such other method as we may need to use, such as BACS transfer) within 14 days of receipt of your notification to cancel.
6. MEMBERSHIP DISCOUNTS AND OFFERS
- In order to claim the food and beverage discounts referred to in 7 below, you must show your valid Membership card at the appropriate Picturehouse Cinema kiosk or bar or where the relevant discount or offer is available via our website, by inputting the relevant details on our website or Picturehouse App as directed.
- To claim the Membership discounts on the Picturehouse booking line, you will need your Membership number and will be required to pass security to access your account.
- We may occasionally make additional discounts and offers available to Picturehouse Members. The additional discounts and offers made available to Members are discretionary and may be withdrawn or amended at any time without notice. You will need to show your valid Membership card to claim these additional discounts and offers and they may also be subject to time restrictions, availability and other terms and conditions.
- To avoid disappointment, please ensure you check the terms and conditions for a promotional offer before trying to redeem it.
- We are not responsible for promotions related to our services where such promotions are published on external websites or other media.
7. FREE TICKETS, DISCOUNTS AND USING THE MEMBERSHIP CARD
- A valid Membership card entitles the holder to: discounted tickets at every Picturehouse Cinema; and the following free tickets every Membership year:
- Picturehouse standard Membership includes four free tickets;
- Picturehouse Membership Plus includes eight free tickets;
- Picturehouse Student Membership includes two free tickets.
Discounts on food and beverages purchased in every Picturehouse Cinema as follows:
- Picturehouse Student Membership: 25% discount; and
- Picturehouse standard Membership and Picturehouse Membership Plus: 10% discount (unless you have been upgraded to Picturehouse Premium Membership, in which case you will receive 20% discount).
Additional benefits of Membership Plus
- If you are a Membership Plus Member, you will have the following additional benefits:
- You will be entitled to bring up to three guests to any performance, each of whom will receive the same discount on the price of tickets as you for that performance; and
- We will give you an additional Membership card which can be given to any friend or family member. This additional card will be linked to your Membership and will cease upon expiry of your Membership. You are forbidden from charging a fee for the use of this additional card and if you do we may cancel your Membership.
- Free tickets cannot be used for premium priced events (such as Screen Arts shows or free-list-suspended films), and a 3D supplement will be payable on any 3D films unless you have been upgraded to Picturehouse Premium Membership (see clause 7(l) below).
- The free tickets can only be used in the following categories of Picturehouse Cinemas depending on the Picturehouse cinema category which is associated with the Membership:
- Central category: all Picturehouse Cinemas;
- London category: all Picturehouse Cinemas except Picturehouse Central;
- Regional category: all regional Picturehouse Cinemas except Picturehouse at Science And Media Museum;
- Members may book their free tickets in advance (either online or in person at the category of Picturehouse Cinema which is included in their Membership) for programmed performances (please see (h) below for details of booking tickets online).
- Free tickets will only be valid whilst you have a current and valid Membership
Food and beverage discounts
- The discount on food and beverages is subject to exclusions of any other promotions and special offers which may apply to those purchases at that time and is for the named Membership cardholder only and available only on production of a valid Membership card. The discount is not applicable to group bills or party bookings. The manager’s decision is final.
Booking tickets and claiming discounts
- To use the Membership card in the Picturehouse Cinema (whether to book tickets or to use any of the other benefits associated with Membership), the Member must present it at a Picturehouse Cinema Kiosk or bar. The Membership card will be scanned to check its validity, and additional identification may be requested. If the Membership card is validated, the Member will be issued with the ticket for the chosen screening and time subject to availability or granted the applicable benefit or discount. If the Membership card is not validated, the Picturehouse Member may be advised to contact the Membership helpline and no tickets or other benefit will be available until the Membership card is validated.
- Your Membership card is not transferable or for sharing (please however see clause 7.
- All film screenings are subject to normal restrictions such as age certifications, and to Picturehouse Cinemas’ Terms Of Admission. The Member shall have no preferential rights of access to any screenings, except special screenings organised for Members.
- The Membership card must be shown when the tickets (including e-tickets) are checked before entering the relevant auditorium. Entrance will not be permitted without the Member presenting the Membership card.
Additional benefits if you are upgraded to Premium Membership
- If you have standard Membership or Membership Plus and you have been upgraded to Premium membership (please see (10) below), you will receive the following additional benefits:
- no upgrade fees or additional charges for 3D films (although a charge will be payable for the purchase of 3D glasses);
- 20% off food and beverages purchased in every Picturehouse Cinema
- your personalised Membership card will be sent to you by post so you won’t need to collect your new card from a Picturehouse cinema.
8. PAYMENT OF ANNUAL MEMBERSHIP FEES
- The annual Membership fee for each type of Membership is available from our website, Picturehouse Cinemas and the Membership helpline or notified to you during the Membership application process and includes VAT. If the rate of VAT changes between your order date and the date we supply our services, we will adjust the rate of VAT that you pay, unless you have already paid for the Membership in full before the change in the rate of VAT takes effect.
- The annual Membership fee must be paid in advance at the same time as applying for Membership.
- Payment can be made using a debit, credit or charge card, Picturehouse gift cards and e-Gift vouchers or by direct debit. We accept all major credit or debit cards, including VISA, Mastercard and American Express.
- During the checkout process (if you are applying online) you will be asked for your payment details. By completing these you are confirming that the bank account information / debit or credit card is yours. All card payments are subject to authorisation by your card issuer.
- To make any payment by credit, debit or charge card, you must provide the cardholder’s name and email address, the card number, the card security code, the card expiry date and (where applicable) the card start date and/or issue number.
- We reserve the right to increase the annual Membership fee but this will not affect any order you have already placed and which we have accepted for the relevant Membership period before the increase took effect.
- We will notify you at least 10 days in advance of your next renewal period any changes to your Membership fee that will apply upon next renewal.
- We make every effort to ensure that the correct prices are displayed on our website. However, if we realise services have been given the wrong price, we will correct this without delay.
- If we discover an error in the price of the Membership or any other services you have ordered before they are provided to you, we will contact you to inform you of this error and will give you the option of continuing to purchase at the correct price or cancelling your order. If we are unable to contact you, we will treat the order as cancelled and notify you accordingly.
- Please note that if a pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide our services to you at the incorrect (lower) price.
9. AUTOMATIC RENEWAL IF PAYING BY DIRECT DEBIT
- If you choose to make continuous payment by Direct Debit with your bank, your Membership subscription will automatically continue at the end of your Membership period and the Membership period will be extended for a further year unless you notify us you do not wish to renew.
- We will notify you at least 10 days in advance of the renewal date to inform you that your renewal is due and of any increase in the Membership fee.
- If you want to change the bank account to be debited, you may telephone the Membership helpline to provide the new Direct Debit details. You will need to cancel your old Direct Debit instruction directly with your bank. You must give us at least three weeks to process these changes.
10. UPGRADE TO PICTUREHOUSE PREMIUM MEMBERSHIP AND OTHER OFFERS
- We will automatically upgrade your standard Membership or Plus Membership (but not your Student Membership) to Premium Membership (at no extra charge) if you renew your Membership after your first year provided that you pay the applicable Membership fee before expiry of your first Membership year. This means you will continue to enjoy the benefits of your Standard Membership or Plus Membership with the extra benefits of Premium Membership (please see 7(l) for more details). As long as you keep renewing, this upgrade to Premium Membership will also apply to every Membership year after this year. If you cease to be a Member and you wish to become a Member again, you will have to purchase a standard Membership (or Plus Membership) for one year before you will be entitled to an upgrade to Premium Membership again.
- We may also make other offers available to you at the date of renewal (or otherwise) but such offers are discretionary and may be withdrawn or changed by us from time to time. Details of current offers (if any) will be published on our website.
11. LOST, STOLEN OR DEFECTIVE CARDS
- You will need to telephone the Membership helpline as soon as possible to report any lost or stolen Membership card.
- For the avoidance of doubt, no refunds will be given for cinema tickets purchased by you between the date the card was lost, stolen or damaged or a replacement card was requested and the date the you receive your new card. You will not be entitled to a discounted ticket until the replacement card has been received and is presented as necessary at a Picturehouse Cinema to obtain or collect tickets and to gain entry to the auditorium. You will be able to collect a replacement card at any Picturehouse Cinema, if you can answer certain security questions (for example, your name and membership number) to allow staff to access your account.
- We will charge the following administration fees for each replacement Membership card we have to issue to:
You can also access a digital version of your Membership card by using our app.
- Free of charge to any Members who are in their first year;
- £5 for Members who have a Premium Membership card (to be paid at a Picturehouse Cinema) and the replacement card will be posted to your home address.
- We may make minor changes to these terms and conditions from time to time to correct errors, to clarify terms, to comply with any law or regulation that applies to us, or to update these terms and conditions to reflect changes to the way our systems work or enhancements to the Membership scheme. You will not be specifically notified of such changes, but they will be on our website. To see the most up-to-date version of these terms and conditions, please always check our website. No such changes shall disadvantage you or a Picturehouse Member.
- Additionally, we reserve the right to make other more material changes to these terms and conditions in which case we will notify you of the change by contacting you using the details you have provided. This will usually be by email but we may contact you using a different method of communication, for example by post. If these changes are to your disadvantage, you may terminate your Membership within 30 days from the date we have notified you of the changes. In order to do so you must notify us in writing of your request to terminate, stating the reason for termination. Following receipt of your termination notice we will refund the Membership fee paid by you after deducting an amount equal to the value of the use of the Membership Card by you prior to the termination date. Refunds will be paid back to the credit, debit or charge card or other method of payment used by you in purchasing the Membership (or such other method as we may need to use, such as BACS transfer) as soon as reasonably practicable. On termination, we will deactivate your Membership card.
13. INFORMATION PROVIDED
- You confirm that the personal information you provide that identifies you (including contact information) is accurate and complete, and that you are authorised to provide such personal information. It is your responsibility to ensure that such personal information is kept up to date, and we will not be responsible for matters arising from errors or omissions in personal information at any time. You may update your own details at any time online via your MyPicturehouse account (where the relevant function is available) or by contacting the Membership helpline.
- We will use your personal information in accordance with the Picturehouse Privacy Notice. The Privacy Notice contains more detail about how we collect and use your personal information and you should read it carefully and make sure that you understand it before applying for Membership.
- When communicating with you, we will use the contact information (email address and phone numbers) provided in your MyPicturehouse account. It is therefore important that you keep your contact details updated.
14. ISSUES WITH YOUR MEMBERSHIP
- We promise to provide the Membership services to you with reasonable skill and care and to use reasonable efforts to promptly remedy any faults of which we become aware. However we do not provide any other promises or warranties about Picturehouse Membership, our website or services.
- You have the right to terminate your Membership where:
- we have told you about an error in the price or description of our services you have ordered and you do not wish to proceed;
- there is a risk that supply of our services may be significantly delayed because of events outside our control;
- we have suspended or have notified you that we are going to suspend supply of our services for technical reasons for a period of more than 14 consecutive days; or
- where we have failed to comply with these terms and conditions in a serious way and we are unable to cure such failure within a reasonable time period.
- If you wish to terminate your Membership for any of the reasons detailed in this clause 14 please notify us by e-mailing us or writing to us at the contact details provided at picturehouses.co.uk/contact. Your Membership will end and your Membership card will be de-activated and invalidated as soon as we receive your notification and we will refund you in full the Membership fee you have paid less a deduction for the price of any use you have made of your Membership up to and including the date of your termination notice.
15. YOUR LEGAL RIGHTS
As a consumer, you have legal rights in relation to services that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau. Nothing in these terms and conditions will affect these legal rights.
16. SUSPENSION AND TERMINATION BY PICTUREHOUSE
- We may suspend your Membership and temporarily deactivate your Membership Card or terminate your Membership (in our discretion) if:
- you fail to make any payment to us when due;
- we suspect any fraud in any matter connected to your Membership;
- any significant misuse of your Membership or Membership card;
- you breach any of our Terms of Entry (insert link) or you engage in any behaviour or activity that is disruptive to or damaging to any Picturehouse Cinema;
- any other serious breach of these terms and conditions which is either not capable of cure or which (if capable of cure) is not cured by you within the reasonable time period we specify.
- If we terminate your Membership under this clause 16, we may refund any Membership fee you have paid but shall be entitled to deduct the price of any services you have used since the start of your Membership and a fair amount to reflect the loss to us from terminating the Membership in such circumstances. This right does not limit any other rights we may have against you.
- On termination, we will deactivate and invalidate your Membership card.
17. OUR LIABILITY
- If we fail to comply with these terms and conditions, we are responsible for any loss or damage that you suffer that is a foreseeable result of us breaking this agreement or failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable either if it is obvious that it will happen or if at the time of your application both you and we knew it might happen.
- Please note though that Picturehouse cinemas may be closed on a permanent or temporary basis from time to time, including for refurbishment or due to an event outside our control (as described below). We do not accept any liability for loss or damage in these circumstances. Details of such closures can be found on our social media channels or by calling the Membership helpline.
- We will not be liable or responsible for any failure to perform or delay in performance that is caused by events outside its reasonable control, including any act, event, non-happening, omission or accident which may be due to the following:
We do not exclude or restrict our liability for fraud, or for death or personal injury resulting from its negligence or that of its contractors or agents, and nothing in this clause shall operate to exclude, restrict or limit this liability.
This agreement is between us and you and no other person shall have any rights to enforce this agreement.
If we do not insist that you perform any of your obligations under these terms and conditions, or do not enforce or delay enforcing its rights, that will not mean that we have waived our rights nor that you do not have to comply with those obligations unless we have confirmed this in writing to you.
English law governs these terms and all aspects of the relationship between us and you, The English courts shall have non-exclusive jurisdiction to hear any dispute or claim arising out of or in connection with these terms and conditions. This means you may bring a claim to enforce your consumer protection rights in connection with these terms and conditions in England or in the EU country in which you live.
We will only write and communicate with you in the English language.
- Strikes, lockouts or other industrial action
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war
- Fire, explosion, adverse weather, snowfall, ice, storm, flood, earthquake, subsidence, epidemic or other natural disaster
- Disruption to or failure of the railways, shipping, aircraft, motor transport or other means of public or private transport
- Disruption to or failure of public or private telecommunications networks, the Internet, utility supplies or postal services
- Closure of or limited access to Picturehouse Cinemas on the grounds of our reasonable health and safety concerns
- Any governmental act, decree, legislation, regulation or restriction
18. QUESTIONS AND COMPLAINTS
- All complaints or queries should be addressed to the Customer Care Team by post (c/o The Ritzy, Brixton Oval, Coldharbour Lane, London SW2 1LG) or by email (email@example.com) or by phone (0871 902 5747).
- Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to use alternative dispute resolution. The European Commission has established a website for online dispute resolution which is available at www.ec.europa.eu/consumers/odr, and which is designed to assist consumers in resolving disputes online without having to go to court.
Last updated 15 March 2018
Gift Cards and e-Gift Vouchers
- Gift Cards and e-Gift Voucher
- The Gift Card or e-Gift Voucher is valid for use in Picturehouse Cinemas. The value on the Gift Card or e-Gift Voucher can be used towards payment for the purchase of cinema tickets, food and beverages, merchandise or a Picturehouse Membership card. To use your Gift Card or e-Gift Voucher to make a purchase on the Picturehouse App or by calling the booking line, your Gift Card or e-Gift Voucher must have enough funds to cover the whole transaction. To use your Gift Card or e-Gift Voucher in person at our cinema, Gift Cards or e-Gift Vouchers may be used as part payment towards the total cost of the transaction. Gift Cards or e-Gift Vouchers may not be used to purchase other Gift Cards or e-Gift Vouchers. Currently, Gift Cards and e-Gift Vouchers cannot be used online.
- You may give the Gift Card or e-Gift Voucher to anyone else to use but the Gift Card or e-Gift Voucher may not be re-sold. Please make sure that you and/or the recipient keep the Gift Card or e-Gift Voucher safe.
- For transactions in Picturehouse Cinemas, where the value on the Gift Card or e-Gift Voucher is less than the total Transaction Value, the user will be required to make up the difference in price by any acceptable means other than another Gift Card or e-Gift Voucher. No part payments using a Gift Card or e-Gift Voucher can be made on the Picturehouse App or ticket booking line.
- Gift Card or e-Gift Voucher validity period: The Gift Card or e-Gift Voucher shall be valid for 24 months from the date of original purchase or, if later, the date of the last card payment or top-up made. Once the entire balance has been used and no top-up has been made within 30 days from that date, the Gift Card or e-Gift Voucher will be deactivated and cannot be re-used. Any balance unused at the end of the validity period will be cancelled and no refund will be given.
- When the Gift Card is used, the amount of the Transaction Value will be deducted from the balance on the Gift Card. The balance may be checked in our cinemas at any till point.
- By purchasing a Gift Card or e-Gift Voucher you are expressly requesting that you and/or a User are able to immediately start using the Gift Card or e-Gift Voucher from the date of receipt of our email that confirms acceptance of your order.
- Gift Cards and e-Gift Vouchers may not be exchanged for cash.
- Defaced, illegible or photocopied Gift Cards will not be accepted.
- The Gift Card or e-Gift Voucher does not entitle the User to preferential treatment over other Cineworld customers for the purchase of cinema tickets, merchandise, food and beverages and/or the Picturehouse Membership access to cinemas or otherwise.
- The Gift Card or e-Gift Voucher does not entitle you to any credit or other form of financial accommodation.
- Other taxes or costs may exist in relation to the Gift Card or e-Gift Voucher that are not imposed by us.
- The number, location and availability of Picturehouse Cinemas in any area are subject to change. A list of current Picturehouse Cinemas is available from www.picturehouses.co.uk or on written request to the Customer Services Department enclosing a stamped self-addressed envelope.
- Cancellation rights
- You may cancel your purchase of the Gift Card or e-Gift Voucher and claim a refund at any time up to fifteen (15) calendar days from (and including) the day on which you receive our email confirming acceptance of your order (the "Cancellation Period"). If the Gift Card or e-Gift Voucher has been used before your cancellation has been processed, you will only receive a refund of the balance remaining on the Gift Card or e-Gift voucher at that time. If you asked us to send the Gift Box or Unlimited Gift Box to you by Recorded Delivery First Class post, then the premium paid for such postage will be deducted from the amount refunded to you.
- If you wish to cancel your purchase of a Gift Card, please send it by registered post to the Customer Services Department, enclosing the Gift Card with your written request to cancel. It is your responsibility to return the Gift Card at your own cost and risk. If you wish to cancel your purchase of an e-Gift Voucher, please write to, email or call the Customer Services Department stating the e-Gift Voucher code and your wish to cancel.
- Once the Cancellation Period has expired, you will not be able to cancel your purchase of the Gift Card, e-Gift Voucher or claim any refund in that respect.
- Defective Gift Cards, e-Gift Vouchers and Gift Box Vouchers
- If the Gift Card is defective, you must return it to the Customer Services Department as soon as possible in order to receive a free replacement. If the e-Gift Voucher code does not work, you must contact the Customer Services Department by phone or email as soon as possible so the e-Gift Voucher code can be cancelled and a new e-Gift Voucher code may be issued to you. Our liability in such cases is limited to replacement of the defective Gift Card or issue of a new e-Gift Voucher code to the same value of the outstanding balance on the original Gift Card or e-Gift Voucher at the time of replacement.
- Questions and complaints
- Any questions or complaints you may have in relation to the Gift Card or e-Gift Voucher should be directed to the Customer Services Department.
- No other out-of-court complaint or redress system or compensation scheme exists in relation to the Gift Card or e-Gift Voucher.
- Except as expressly provided in the Conditions, all warranties, conditions or other terms in favour of you or the User implied by Statute or common law are excluded to the fullest extent permitted by law.
- Nothing in the Conditions is intended to limit our liability for fraud or death or for personal injury caused by our negligence, or shall it be construed to do so.
- We shall in no circumstances be liable if one or several Picturehouse Cinemas is/are closed permanently or temporarily or if a Picturehouse website is unavailable for whatever reason, or if a particular film or item of merchandise, food or beverage is unavailable for whatever reason.
- We shall not be liable to you or the User by reason of any failure or delay in performing any of our obligations in relation to the Gift Card, Gift or e-Gift Voucher under the Conditions if the failure or delay was due to any cause beyond our reasonable control.
- We shall not be liable to you or the User in respect of any indirect or consequential loss, damage, costs or expenses or other claims for consequential compensation whatsoever which arise out of or in connection with the Gift Card or e-Gift Voucher.
- Our liability to you or the User shall not exceed the amount paid by you for the Gift Card or e-Gift Voucher.
- We shall not be liable to you or the User in the event of loss, theft, unauthorised use or re-sale of any Gift Card or e-Gift Voucher.
By booking Content with Picturehouse Entertainment you are entering into an Agreement with Picturehouse Entertainment and agree to be bound by the Booking Confirmation and these Terms and Conditions.
Please read these Terms and Conditions before booking with Picturehouse Entertainment. If you do not agree with these Terms and Conditions you may not book an Event with Picturehouse Entertainment.
- PICTUREHOUSE ENTERTAINMENT LIMITED of 7thFloor Vincent House, 30 Orange Street, London, WC2H 7HH (the "Distributor"); and
- The "Exhibitor" as defined on the Booking Confirmation.
(A) The Distributor distributes content in the Territory and wishes to license the right to exhibit certain Events to the Exhibitor.
(B) The Exhibitor is the owner of certain cinema(s) or other establishments with cinema quality facilities and wishes to accept the licence described in the Booking Confirmation.
(C) The Distributor has agreed to make available to the Exhibitor certain Event(s) on the terms set out on these Terms and Conditions.
It is agreed as follows:
1 Definitions and Interpretation
- In these Terms and Conditions, the following terms shall have the following meanings: “Agreement”: means these Terms and Conditions and the applicable Booking Confirmation; “Content Provider(s)”: means the owner of the rights in the Event(s); “Distributor's Share”: has the meaning given to it in the applicable Booking Confirmation; “Event(s)”: means the performances as further detailed in the Booking Confirmation;
“Booking Confirmation”: means the Booking Confirmation for the applicable Event containing Event-specific terms agreed between the Distributor and the Exhibitor; “Event Schedule Term”: has the meaning given to it in the applicable Booking Confirmation; “Format”: means live by satellite or recorded by DCP or Blu-Ray, as applicable, as detailed in the Booking Confirmation; “Gross Box Office”: means all sums actually and indefeasibly received by Exhibitor, for any right or license to exhibit the Event(s); “Net Receipts”: means the Gross Box Office net only of VAT and any actual verifiable refunds; “Screening(s)”: means the various screenings of the Event(s) to be held at the licensed Site(s); “Site(s)”: means the venues where the Event(s) will take place, as detailed in the applicable Booking Confirmation; and “Territory”: means the country where the Exhibitor is located.
- Clause and Schedule headings are for ease of reference only and shall not affect the construction of the Agreement.
- The terms 'include' and 'including' shall be construed without limiting the words preceding them.
- Subject to the full execution of these Terms and Conditions and in consideration of the agreement by the Exhibitor to pay to the Distributor the Distributor’s Share, the Distributor shall grant a non-exclusive, revocable, non-transferable license to the Exhibitor for the duration of the applicable Event Schedule Term the right:
- to exhibit and screen the Event(s) in the Territory on the terms set out herein and the applicable Booking Confirmation; and
- to promote and market the Screenings, provided that no such licence shall take effect until the Exhibitor has received a Booking Confirmation from the Distributor.
- The parties agree and acknowledge that these Terms and Conditions do not:
- create an obligation to enter into any Booking Confirmation; or
- create an obligation for Distributor to license any Event(s) to the Exhibitor and the Exhibitor is not under the obligation to accept any licence of any Event(s).
- Exhibitor remains at liberty to screen content from another licensor or distributor.
- The licence granted in respect of each Event is for the non-exclusive right to exhibit the Event(s) for broadcast in High Definition in the Format, as applicable, at the Sites(s) as further set out in the applicable Booking Confirmation.
- Where the Format is live, as listed in the relevant Booking Confirmation:
- the Distributor shall supply the Event(s) to industry technical standards. In order to ensure the technical quality of the transmissions the live feed on the day of the Event(s) shall be broadcast no later than one hour prior to the actual commencement of the Event(s) to verify the signal and to permit troubleshooting and correction of any problems. The Distributor may provide additional satellite tests that will be notified to Exhibitor;
- the Exhibitor shall:
- participate in satellite signal path tests for the transmission signal for each Event(s), the timing of which shall be notified to the Exhibitor with sufficient notice for any changes or repairs to be organised ahead of the Event(s);
- adjust its technical receivers to correspond to the relevant tuning information distributed ahead of each Event(s);
- ensure that a qualified projectionist technician is available and on duty for the satellite tests and for each live broadcast and shall provide the contact details of such nominated projectionist to the Distributor in advance of such test and broadcast;
- promptly report any technical issues to the nominated technical support helpline notified to it. The Exhibitor shall periodically review its equipment to ensure and maintain the good local quality of Event(s) licensed under the Booking Confirmation; and
- use reasonable endeavours to clear the Site(s) of members of the public for Satellite Transmission tests by the Content Provider on the day of the Screening for two hours prior to the exhibition time, if this is not possible the Exhibitor shall check the signal via a TV monitor at the Site(s);
- the Exhibitor confirms that the satellite receiving equipment currently fitted in Exhibitor’s Site(s) is suitable for the live downlinking of the Event(s) and that the minimum industry standards for HD projection and satellite equipment are met; and
- the Exhibitor agrees to comply with the minimum standards for HD projection and satellite equipment, that is HD projector resolution of 1920x1080 capable of displaying 50i 16x9 image format with no less than 7000 lumens brightness. Satellite equipment must be capable of outputting this format, including digital 5.1 and stereo sound. The Exhibitor will ensure that the satellite dish, receiver, projector and all related satellite equipment to be used has proper technical support and supervision in advance of the Event(s) as well as on the day of the Event(s). In the event that the Distributor (acting reasonably) has any doubts about the technical capability of the satellite equipment or its operation the Distributor shall not be obliged to supply the Event(s) to the Exhibitor. Any technical specification that does not adhere to the above standards will require the Distributor's prior written approval.
- Where the Format is recorded, as listed in the Booking Confirmation:
- the Distributor shall provide each individual Event(s) on a Digital Cinema Package (“DCP”) or Blu-Ray, whichever is applicable, to the Exhibitor in advance of the screening date. The Exhibitor shall test the DCP or Blu-Ray on its arrival and shall notify the Distributor immediately if there are any problems with regards to the DCP or Blu-Ray;
- the Exhibitor confirms that the equipment currently fitted in Exhibitor’s cinemas meets that the minimum industry standards for HD projection; and
- where the Exhibitor is screening the Event(s) via DCP the Exhibitor confirms that they have the capacity to do the same and they will ingest the content onto their servers upon receipt.
- The Distributor shall provide a pre-paid return shipment package with each DCP. The Exhibitor shall return each DCP within 5 days of its last screening date of each individual Event. The costs of delivery pursuant to Clause 3.3.1 and of return shipment to the Distributor shall be charged back to the Exhibitor.
4 Payment Terms
- The Exhibitor shall be entitled to issue up [3 pairs] of complimentary tickets per Screening. Any concessionary tickets issues will be in good faith and on legitimate grounds. Any illegitimate concessionary tickets issued and/or any complimentary tickets issued over the threshold set out in this Clause 4.1 shall be calculated as full price tickets for the purposes of calculating the Gross Box Office.
- The Exhibitor shall pay to the Distributor the Distributor’s Share and the Satellite Fee, if applicable, as set out in the relevant Booking Confirmation.
- Unless otherwise agreed in the Booking Confirmation, the Exhibitor shall pay the Distributor's Share to the Distributor within ten (10) days following the end of the Event Schedule Term.
5 Reporting Obligations
- The Exhibitor will provide the Distributor with weekly ticket sales reports detailing the number of tickets sold, the ticket prices and the Net Receipts in the run up to the Screening(s) commencing from the on sale date for any and all applicable Event(s).
- Reports issued by the Exhibitor hereunder will include all information requested by the Distributor and, in any event the following: i) the Gross Box Office ii) the Net Receipts iii) the number of admissions iv) the number of concessionary admissions v) the number of complimentary tickets issued vi) the number of refunds issued vii) the ticket prices used viii) the number of admissions possible at full capacity.
- Without prejudice to the Distributor's other rights and remedies, the Distributor may charge the Exhibitor daily interest on late payment of the amounts due, at a rate of 4% (four per cent) per annum above the then base lending rate at Barclays Bank plc (at the date the payment was due), from the due date until the date of the actual payment (both before and after any judgement). If the Exhibitor fails to pay or procure payment of any sums due to the Distributor and/or its Content Provider(s) in accordance with these Terms and Conditions and/or the relevant Booking Confirmation then the Exhibitor will pay such sums on demand and will also reimburse the Distributor and/or its Content Provider(s) for any and all expenses (including without limitation legal fees) incurred by the Distributor and/or its Content Provider(s) in recovering such amount(s).
- The Distributor and/or its authorised representative shall have the right upon written request to full access to, and audit of, the books and records of the Exhibitor insofar as they relate to the applicable Event(s) and to payments due to the Distributor and/or its Content Provider(s) as appropriate. The costs of any such audit shall be the Distributor's unless errors exceeding the lesser of 5% (five per cent) and £100 (one hundred pounds sterling) of the sums due to the Distributor shall be found in which case the costs shall be paid or reimbursed by the Exhibitor. In the event that such examination reveals that monies are due to the Distributor and/or its Content Provider(s) such monies shall be paid over to the Distributor and/or its Content Provider(s) together with interest calculated in accordance with Clause 5.3 above within 30 (thirty) days of the results of such examination being expressed to the Exhibitor.
The Exhibitor and the Distributor shall use their reasonable endeavours to promote the Event(s) via the following activities:
- Exhibitor Responsibilities:
- the Exhibitor undertakes that it shall utilise all communication channels to adequately and professionally promote the Event(s), including within the Sites(s), online and via email. The Exhibitor must provide a link via the appropriate section of its website to the website of the Content Provider(s);
- all Exhibitor generated marketing materials (or altered provided materials) shall be submitted for approval by the Distributor and/or its Content Provider(s) in accordance with Clause 7 below. In no event may the Exhibitor alter any logos and/or credits on marketing materials provided by the Distributor and/or its Content Provider(s); and
- the Exhibitor shall adhere to any and all marketing obligations specified in these Terms and Conditions and any applicable Booking Confirmation; and
- Distributor's Responsibilities:
the Distributor will, in liaison with the Content Provider(s) where relevant, use its reasonable endeavours to provide the Exhibitor with access to any marketing materials which exist for the applicable Event, or example:
- digital delivery of posters; and/or
- other marketing materials as discussed in good faith.
- All marketing materials created by the Exhibitor (including without limitation printed advertisements, brochure advertising, posters, flyers, postcards and online and email advertising), all marketing materials supplied to the Exhibitor which are subsequently altered by the Exhibitor (excepting customary resizing of images) and all press releases created by the or on behalf of the Exhibitor will be subject to prior approval of the Distributor. Such approval may be exercised in the Distributor's absolute discretion. For the avoidance of doubt, all materials supplied to the Exhibitor by the Distributor and used unaltered do not require further approval of the Distributor.
- Where any approval or consent is required, the party seeking such approval or consent shall afford the other a reasonable opportunity to consider the matter or materials in respect of which its approval or consent is sought and any such approval or consent shall not be unreasonably withheld or denied and if given it shall be communicated in a timely manner. In no event may approval be deemed due to non-response to a request. All approvals or consents given under the Agreement are to be signified in writing.
8 Representations and Warranties
- The parties represent that they have full power and authority to enter into and perform their obligations under these Terms and Conditions and any applicable Booking Confirmation.
- The Distributor warrants that it has been, or will be, granted a licence in respect of the Event(s) covered by the applicable Booking Confirmation to enable it to grant the rights granted to the Exhibitor hereunder.
- The Distributor warrants that, to the best of its knowledge, the grant of a licence to the Exhibitor of the rights in the Event(s) will not infringe the intellectual property rights, including but not limited to any copyrights in the audio-visual recordings, or the moral rights of any third party. Notwithstanding the foregoing the Exhibitor shall be responsible for the payment of any royalties that may become due to rights management societies in the Territory as a result of the Exhibitor's exhibition of the Event(s).
- The Exhibitor warrants that it shall keep the Sites(s) available, and in a good state of repair and cleanliness, for the Screenings and shall use all reasonable care and skill so that the Site(s) and the Screenings shall be of the highest quality.
- The Exhibitor warrants that it shall only exhibit the Events in accordance with the terms of this Agreement.
- The Exhibitor undertakes to not knowingly put the Distributor in breach of any agreement between the Distributor and the Content Provider.
- The Exhibitor warrants that it shall not act in any manner which may (i) be harmful to the goodwill of the Distributor and/or its Content Provider(s), or (ii) bring the Distributor and/or its Content Provider(s) into disrepute, or (iii) be defamatory, obscene or otherwise actionable, or (iv) detrimentally affect or prejudice or infringe the business or intellectual property rights of the Distributor and/or its Content Provider(s).
- The Exhibitor shall maintain and observe commercially reasonable measures (both technological and procedural) to monitor and prevent misappropriation of the Distributor's and/or its Content Provider's property. Where the Exhibitor receives a digital file or tape of the Event(s) for a recorded Screening(s) the Exhibitor shall carry out such commercially reasonable continual security control checks as are required to ensure the security of the digital files. The Exhibitor shall immediately notify the Distributor of any materially significant vulnerability in its internal security system of which it becomes aware. The Exhibitor shall promptly notify the Distributor of any infringement of the Exhibitor's, the Distributor's and/or the Content Provider(s) intellectual property or trademarks which may come to the Exhibitor's notice, including any unauthorised third party reception or recording of any performance.
- The Exhibitor shall screen the Event(s) in their entirety without any cuts or alterations. The Exhibitor will not alter or impair any copyright notice or acknowledgement of the Distributor's and/or the Content Provider(s) other intellectual property rights or any credit(s) that may appear in the Event(s) and/or the associated marketing materials, including all copyright, trademark and similar notices that need to be used and displayed, including any production and sponsorship credits. Moreover the Exhibitor shall not exhibit, during the Screening of the Event(s), any other image than those transmitted by the Distributor and/or its Content Provider(s), unless having first obtained the written consent of the Distributor.
- The Exhibitor acknowledges that the Distributor and/or its Content Provider(s) may seek sponsorship for the Event(s) and in such instances the content and/or marketing materials provided may include details of such sponsorship. In no event may the Exhibitor remove any sponsorship messaging without the Distributor's prior approval. The Exhibitor shall not be entitled to any remuneration as a result of such sponsorship.
9 Liabilities and Indemnities
- The Exhibitor will indemnify, defend and hold harmless the Distributor and each of its directors, trustees, officers, shareholders, employees, agents, representatives, affiliates, successors, and permitted assigns, as applicable, from and against all claims, damages, costs and fees (including reasonable external legal fees and court costs) arising out of or in connection with the Exhibitor's breach of any covenant, undertaking, representation or warranty given by the Exhibitor herein.
- Nothing in this Agreement shall exclude a party’s liability for fraud or theft by it or its employees or death or personal injury caused by its negligence or that of its employees, agents or subcontractors as applicable.
- The Distributor shall have no liability whatsoever in respect of any claim for loss or damage (and related costs and expenses) and other liability whatsoever from any person attending the Event(s) which arises in respect of any breach in the security or safety of the Site(s) or of the negligence on the part of the employees at the Site(s), and the Exhibitor fully and expressly indemnifies the Distributor in respect of any such claim.
- All indemnities provided pursuant to this Agreement will be subject to the Distributor seeking to rely on such indemnity: (i) promptly notifying the Exhibitor in writing of such claim; (ii) giving the Exhibitor reasonable information, assistance and co-operation required to defend such suit, claim, or proceeding; and (iii) allowing the Exhibitor sole control of the defence and all related settlement negotiations, provided that it shall conduct such defence and settlement negotiations without taking or failing to take any action which would be prejudicial to the Distributor without prior written consent.
- Neither party shall, in any manner whatsoever, be liable or otherwise responsible for any delay or default in, or failure of, performance resulting from or arising out of or in connection with any Event of Force Majeure and any such delay, default in, or failure of, performance shall not constitute a breach by either party hereunder. As used herein, "Event of Force Majeure" in respect of a party shall mean any reasonably unforeseeable act, cause, contingency or circumstance beyond the reasonable control of such party, including without limitation, to the extent beyond the reasonable control of such party, the cancellation or postponement of an Event(s) as a result of transmission, broadcast, recording or technical problems of any kind, the cancellations by the artist(s), the artistic value of the Event(s), replacement in the casting and/or changes in the Event(s) timing, any governmental action, order or restriction (whether foreign, federal or state), war (whether or not declared), public strike, riot, labour dispute, act of God, public disaster or laboratory dispute.
- The total liability of the Distributor to the Exhibitor whether arising from tort (including negligence), breach of contract or otherwise under or in connection with this Agreement shall be limited to the Distributor's Share.
10 Termination and Action on Termination
- Either party may terminate these Terms and Conditions without cause by giving 3 (three) months written notice to the other. For the avoidance of doubt, in such circumstances termination of these Terms and Conditions shall not affect the parties' obligations and liabilities to each other in respect of any Event in respect of which the applicable Event Schedule Term has not expired.
- These Terms and Conditions and any Booking Confirmation shall automatically and immediately terminate immediately by written notice to the other if the other is the subject of a petition for a bankruptcy order or becomes insolvent or enters into any arrangement, scheme or composition with its creditors or if any of the other parties assets are subject of any form of seizure, or the other party goes into liquidation either voluntarily (otherwise than for reconstruction or amalgamation) or compulsorily, or a receiver or administrator is appointed over any or all of the other party’s assets.
- Either party may terminate any applicable Booking Confirmation by written notice to the other if the other commits any material breach of any of the provisions of the Agreement in relation to an Event and, in the case of a breach capable of remedy, fails to remedy the same within 7 (seven) days of receipt of a written notice giving full particulars of the breach and requiring it to be remedied. In the event of repeated breaches of these Terms and Conditions and/or any applicable Booking Confirmation by the other, either party may terminate both these Terms and Conditions and any applicable Booking Confirmation by written notice to the other.
- In the event that any Content Provider(s) shall terminate a licence agreement with the Distributor for any reason whatsoever with the result that the Distributor may no longer grant the rights to the Exhibitor in respect of any applicable Event(s), the Distributor shall inform Exhibitor and the applicable Booking Confirmation will terminate immediately and the Distributor shall have no further liability to the Exhibitor in respect of that Event.
- In addition to the above rights, the Distributor shall have the right to terminate these Terms and Conditions and/or any applicable Booking Confirmation in the event that the Exhibitor is subject to numerous technical difficulties during broadcasts of Event(s) which threaten the reputation of the host venue of the Event(s), the Distributor and/or the Content Provider(s).
- On termination, or expiry, of each Booking Confirmation:
- the Exhibitor will immediately return any digital files or tapes of the Event(s), delete any local recordings of the Event(s) and return or destroy any recordings of the Event(s), marketing and/or promotional materials created;
- all monies due to the Distributor at the date of termination shall be immediately due and payable by the Exhibitor;
- clauses which are expressly intended to survive the expiry or earlier termination of these Terms and Conditions or any added Booking Confirmation shall survive in full force and effect; and
- each party will remain liable to the other for any sums which are due but have not been paid and any other breaches of these Terms and Conditions or any added Booking Confirmation.
11 General Provisions
- Any notice or other document to be served under the Agreement shall be in writing and may be delivered or sent to the party to be served at its address first above written or at such other address designated from time to time by notice by the party concerned. Any notice or other document shall be sufficiently served if delivered by hand or sent by prepaid first class recorded delivery post addressed to the person designated for that purpose. Notices shall be deemed to have been served three (3) working days after the date when posted or, if personally delivered, when delivered.
- The Exhibitor shall comply with all filing and payment obligations with rights management societies in the Territory and shall promptly pay any and all taxes and duties due as a result of exhibiting the Event(s).
- The Agreement may not be modified except in writing signed by the parties hereto.
- The Distributor shall be freely entitled to assign or transfer the benefit of the Agreement to any third party. The Exhibitor shall not be entitled to assign or transfer the benefit of the Agreement without the Distributor’s prior written consent.
- Any delay by a party in exercising or its non-exercise of any right granted to that party under the Agreement shall not be deemed a waiver of that right.
- Nothing in the Agreement will be deemed to constitute a partnership between the parties nor constitute either party as the agent of the other party for any purpose.
- Confidential Information.
- The parties agree to treat with the strictest confidentiality any Confidential Information (as defined in Clause 11.7.2 below), in particular trade secrets of the other party, which may come into their possession in connection with this Agreement, and to neither pass it on to third parties nor exploit it in any other way. This applies to any unauthorized third parties, that is, also unauthorized employees of the parties, insofar as the sharing of information is not part of the proper fulfilment of the contractual obligations. The parties agree that, when in doubt, the parties shall seek consent from the other before sharing any information. In addition, any applicable statutory data protection regulations also apply.
- "Confidential information" shall mean any information that one party discloses to the other in connection with the Agreement, whether in written, verbal, visual, or electronic form, and which is identified as “Confidential“ (or whose confidential nature is self-evident from the circumstances). In particular, any technical and marketing-relevant information about movie theatres, even if these are not marked “Confidential“, shall be deemed to be confidential.
- Information is not considered as Confidential Information for purposes of this Agreement if:
- it has been legally acquired from third parties which are not bound by an obligation to maintain confidentiality and which did not receive this information through a violation of the data protection regulations; and/or
- one of the parties has discovered such information independently and without recourse to information provided by the other party; and/or
- the information involved has become known publicly through no fault of or without assistance from one of the parties.
- Each party agrees at the cost of the requesting party to execute, acknowledge and deliver such further instruments and to do all such further acts and things as may be necessary or appropriate to give full effect to the Agreement.
- Excluding the Content Owner's ability to bring claims against the Exhibitor for improper use of its content, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
- Except to the extent of any misrepresentation or breach of warranty which constitutes fraud, the Agreement (constituting these Terms and Conditions and the applicable Booking Confirmation) constitutes the entire agreement between the parties relating to the transactions contemplated by these Terms and Conditions and the applicable Booking Confirmation and supersedes any and all prior understandings or agreements whether oral or written.
- The applicable Booking Confirmation shall form part of the Agreement upon full execution thereof.
- These Terms and Conditions shall be read in conjunction with the applicable Booking Confirmation. In the event of any conflict between these Terms and Conditions and the applicable Booking Confirmation, the terms of the applicable Booking Confirmation shall prevail.
- These Terms and Conditions and any and all Booking Confirmations may be executed in counterparts, each of which shall constitute an original but which, when taken together, shall constitute one instrument. A counterpart signature page of these Terms and Conditions and any Booking Confirmation executed by a party and sent by facsimile or transmitted electronically as a tagged image format file (TIFF) or in portable document format (PDF) shall be treated as an original, fully binding and with full legal force and effect, and the parties waive any rights they may have to object to such treatment.
- The Agreement (and any non-contractual obligations arising in connection with it) shall be construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts thereof.