BENGALI CINECLUB Terms of Use (these Terms)

 

This website (the Site) is operated by The BENGALI CINECLUB AUSTRALIA Pty Ltd ABN 86 632 877911 (BENGALI CINECLUB).

 

This Site is made available solely for access from places in Australia and to users located in, or ordinarily resident in, Australia.

 

The following Terms govern your use of this Site and any order or purchase of any product, service, merchandise or ticket (Product) from this Site. Your access to and use of the Site is conditional on acceptance of these Terms. Use of the Site indicates your acceptance of these Terms and Conditions. You are not authorised to access or use the Site if you do not accept these Terms and Conditions.

 

Who May Use This Site

 

Children under the age of 16 may not purchase any Product on this Site. If you are under the age of 16 and would like to purchase a Product on this Site, please ask your parent or guardian for permission to assist you in this.

 

Access and Use

 

You must not use this Site in any manner or for any purpose which is unlawful or contrary to any of these Terms.

 

BENGALI CINECLUB reserves the right to reject in its absolute discretion any order you place to purchase a Product, or to deny access to this Site, for any conduct that BENGALI CINECLUB, in its sole discretion, believes may breach the law, these Terms, violate the rights of BENGALI CINECLUB or third parties, or is otherwise inappropriate for continued access and use of the Site.

 

Intellectual Property

 

Content on this Site, such as graphics, logos and film clips, information, text, material, software or advertisements, (Content) is protected by Australian and international copyright and trademark law.

 

Content on the Site must not be modified, copied, reproduced, republished, framed, uploaded to a third party, posted, transmitted or distributed in any way except as expressly provided for on the Site, or as expressly authorised in writing by BENGALI CINECLUB, or as permitted by the Copyright Act. Strictly on the condition that you keep the content intact and in the same form as presented on the network, you may use the content for your personal and non-commercial use.

 

The BENGALI CINECLUB logo and name are trademarks of BENGALI CINECLUB, and may not be used as part of your business or in connection with any goods or services without the prior written consent of BENGALI CINECLUB.

 

Your Personal Information and Privacy

 

BENGALI CINECLUB' Privacy Policy (available HERE), as may be amended from time to time and incorporated herein by reference, forms part of these Terms, and includes important information about how we may collect, hold, retain, use and disclose personal information about you gathered in the course of your use of this Site or purchase of any Product from this Site. By using this Site, submitting content to this Site, or purchasing or using any Product from this Site, you consent to BENGALI CINECLUB collecting, holding, retaining, using and disclosing your personal information in accordance with these Terms and the Privacy Policy, including for direct marketing purposes.

 

Sale of Tickets

 

Tickets are also made available subject to the classification of the relevant film given by the Office of Film and Literature Classification. By purchasing a ticket, you represent that you (and any persons for whom you purchase a ticket) are of an age permitted to purchase a ticket pursuant to the relevant classification for the film. BENGALI CINECLUB reserves the right to request proof of age identification before permitting entry into films based on their classification, and refuse entry to you if you are not legally entitled entry to the film. Unless otherwise stated all transactions are denoted in Australian dollars.

 

Movie tickets are made available subject to the classification of the relevant movie given by the Office of Film and Literature Classification. 

 

In cinema

 

Movie tickets can be purchased on Site in cinema by cash, credit card.

 

Movie tickets purchased on Site in cinema are non-refundable and are not available for exchange, unless required by law. No refunds will be given if you have simply changed your mind.

 

Online channels

 

Event tickets can only be purchased via BENGALI CINECLUB online channels such as bengalicineclub.com.au by credit card transactions.

 

Event tickets purchased via the above BENGALI CINECLUB online channels can be collected at the relevant cinema from the Bengali CineClub representatives or it will be emailed to you.

 

Event tickets purchased via the above BENGALI CINECLUB online channels are non-refundable and are not available for exchange, unless required by law. No refunds will be given if you have simply changed your mind.

 

Prices shown on the above BENGALI CINECLUB online channels include GST where applicable.

 

Seat Allocation

 

Where allocated seating is applicable, seat reservations for Event tickets purchased on Site, in cinema or via the BENGALI CINECLUB online channels, are on a "best available" basis. Seats are allocated via a prescribed computer program or can be selected by the customer.

 

By purchasing Event tickets on Site, in cinema or via BENGALI CINECLUB online channels, you agree that:

 

(a) you will accept the seat reserved for each ticket purchased; and

 

(b) we make no warranties or representations to you that you will be seated in a particular seat, row or section of the relevant cinema. BENGALI CINECLUB Event Management team reserves the right to re-allocate seats at their discretion.

 

(c) You agree that we may, at our discretion, refuse to sell Event tickets to you or withdraw any movie tickets from sale.

 

Competitions and Promotional Offers

 

BENGALI CINECLUB may use the Site to run competitions and other promotional offers. You acknowledge that by participating in such competitions and promotional offers, you have read and agree to be bound by any additional terms and conditions applicable to those competitions and promotional offers and you have consented to use of your personal information in accordance with those terms and conditions and the BENGALI CINECLUB Privacy Policy (located at https://www.BengaliCineClub.com.au/pages/privacy-policy) may be amended from time to time.

 

Links and Advertisements

 

This Site includes links to other websites (Linked Websites). Unless otherwise stated at those websites, those websites are not controlled by BENGALI CINECLUB. By using those links, you acknowledge and agree:

 

• BENGALI CINECLUB is not responsible for the availability of, or in relation to, content located on or through a Linked Website;

• inclusion of a Linked Website on this Site does not imply any endorsement of the Linked Website by BENGALI CINECLUB or its affiliates or their respective directors, officers or employees; and

• you link to any Linked Website at your own risk.

To the extent that this Site contains or links an advertisement by anyone other than BENGALI CINECLUB, including referral buttons and embedded hyperlinks, (Third Party Advertisement) any such advertisement is paid for by the relevant advertiser and does not represent a recommendation or endorsement by BENGALI CINECLUB or its affiliates or their respective directors, officers or employees.

 

Where a Third-Party Advertisement contains offers of products by an advertiser, you may be permitted to accept that offer by linking to a Linked Website and executing the relevant transaction. Such product offers are not made by BENGALI CINECLUB, and the third-party supplier is solely responsible to you for the delivery to you of any product or service you purchase at a Linked Website. Before disclosing your personal information on any Linked Website, we advise you to examine the terms and conditions of those websites.

 

Important Limitations of BENGALI CINECLUB' Liability

 

The Australian Consumer Law may confer certain non-excludable rights and remedies on you in relation to access to or use of this Site and provision of a Product (Consumer Rights). BENGALI CINECLUB does not exclude any Consumer Rights, but does to the extent permitted by law exclude all other conditions and warranties implied by custom, law or statute. Subject to your Consumer Rights, and to the maximum extent permitted by law:

 

• you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties;

• you accept all risks and responsibility for all loss, damage, costs and other consequences resulting from your use of the Site or the material on or accessible through the Site;

• BENGALI CINECLUB may change any of the material on the Site at any time without notice and is not obliged to update any material on the Site;

• the Site and all Content is provided on an "as is" basis and without warranties of any kind, either express or implied;

• BENGALI CINECLUB and its suppliers do not warrant that this Site or any Content, or any user generated content, is fit for a particular purpose or of merchantable quality;

• BENGALI CINECLUB and its suppliers do not warrant that any Content or your access to this Site will be uninterrupted or error-free or that the Site or any material on or accessible through the Site is free from errors or viruses, worms, trojan horses, time bombs, cancelbots or other harmful components; or that any defects in this Site or Content will be corrected;

• BENGALI CINECLUB does not warrant that this Site or the server which stores and transmits Content to you are free of viruses or any other harmful components; or the results of your access to, this Site (including any related or Linked Website) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise; and

• BENGALI CINECLUB, its affiliates and their respective agents, employees, directors and officers exclude liability for any indirect, incidental, special or consequential damages, including (but not limited to) losses or damages for loss of business or profits, business interruption, loss of information, or damages arising out of the reliance on, use of or inability to use the material or information available on or accessible through the Site, which results from any use or access of, or any inability to use or access, this Site or any Content.

BENGALI CINECLUB' liability for breach of any implied terms, warranties or conditions is limited to the maximum extent permitted by law, and in the case of Consumer Rights, to any of the following (at BENGALI CINECLUB' option):

 

(a) in the case of services supplied or offered by BENGALI CINECLUB, at BENGALI CINECLUB' option, the supply of the services again or the payment of the cost of having services supplied again; and

 

Your Indemnity

 

BENGALI CINECLUB relies on your continued observance of these Terms. If BENGALI CINECLUB suffers any loss or damage or incurs any costs in connection with any breach by you of these Terms or any applicable law, then you agree to indemnify BENGALI CINECLUB, and its officers, directors, shareholders, employees, consultants, agents and related bodies corporate for those losses, damages and costs.

 

Generally

 

These Terms will be governed by and construed in accordance with the laws of Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Australia. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

 

We may from time to time change the terms that govern your use of this Site. Your use of this Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, this Site from time to time.

 

Conditions of Entry

 

Bring Your Id

 

Photo ID is required as proof of age for MA15+ and R18+ rated Events. 

 

Keep Your Ticket with You

 

All guests aged three and over must have a valid ticket and may be required to produce it for inspection by the Event team. Children aged two years and under must be accommodated on a ticket-holding guest's lap

 

Respect Other Guests in The Event

 

Please refrain from talking, disturbing others or putting your feet on seats or railings. Also, switch off your mobile phone or keep it on silent while in the Event.

 

Keep Prams or Strollers Out of The Way

 

While they can be taken into the cinema, please don't leave them in the aisles or exits. They may be positioned in designated wheelchair areas, however please note wheelchair users have priority, so staff may direct prams or strollers to be positioned elsewhere.

 

Filming

 

This premise may be photographed, filmed and recorded for promotional purposes and the resulting materials will be owned by BENGALI CINECLUB.

 

By entering this area, you consent to your voice and likeness being used by The BENGALI CINECLUB, its successors, assigns and licensees without compensation, for exploitation in all media now known or hereinafter devised, worldwide, in perpetuity and you hereby waive any moral, performer's or similar rights you may have in these materials to the maximum extent permissible under applicable law.

 

If you do not wish to be subject to the foregoing, please speak to a member of BENGALI CINECLUB staff.

 

Leave Electronic Equipment at Home

 

The recording, or attempted recording, of films is a serious criminal offense and BENGALI CINECLUB will report all suspected offenders to police for prosecution.

 

No filming or recording is permitted on BENGALI CINECLUB premises including foyer areas unless otherwise advised. For any questions regarding this or to seek filming permission contact BENGALI CINECLUB at info@bengalicineclub.com.au

 

Hold on to Your Personal Belongings

 

BENGALI CINECLUB does not accept responsibility for any losses or damage incurred.

 

Dress Appropriately

 

Neat, casual dress, including footwear, is the minimum standard required at all times.

 

Safety First

 

For the safety and security of guests and staff, please note recorded video surveillance and silent alarms may be in use.

 

No Outside Food and Drinks

 

Please note, no food and beverages sourced from outside BENGALI CINECLUB Cinema are allowed in the cinema.

 

Our Rights - BENGALI CINECLUB Management Reserve the Right To…

 

• Refuse guests' entry to the premises.

• Request guests leave the premises without a refund, should they breach any of these conditions of entry.

• Inspect any bag at any time on the premises. No alcohol, bottles, cans, aerosols, glass, outside food or beverages, laser pointers, large bags, personal stereos, electronic equipment, rollerblades, bicycles, scooters or skateboards are permitted, unless otherwise advised.