Village Cinemas Australia Pty Ltd ACN 006 735 002 ("Village Cinemas"), Village Movie Club ("VMC")
Terms and Conditions of Membership of Rewards Program
- INTRODUCTION
1.1 These Terms and Conditions form the basis of the Program. They are intended to protect both Members and Village Cinemas. It is a Member's responsibility to read and understand them. We ask that you read them carefully.
1.2 Use of your Membership Card or Key Tag and/or the activation of an online account at www.villagecinemas.com.au signifies your acceptance of the current Terms and Conditions of the Program. By participating in the Program you also consent to Village Cinemas’ collection, use and disclosure of your personal information in accordance with the separate Village Cinemas Privacy Policy (located at www.villagecinemas.com.au) as may be amended from time to time.
1.3 Village Cinemas reserves the right to amend, alter, withdraw or terminate the Program, any Program feature, any Rewards or Benefits or these Terms and Conditions. Members will be notified via email of any changes that may adversely affect Reward and Benefit entitlements. Membership and all related Rewards and Benefits are offered at the sole discretion of Village Cinemas.
1.4 These Terms and Conditions are effective as at 15 July 2010 and may be amended from time to time. Members should refer to www.villagecinemas.com.au for the current Terms and Conditions. - DEFINITIONS
In these Terms and Conditions, the following words and expressions shall have the meanings as defined below unless the context otherwise requires:
"$9 Movie Ticket Reward" means the right to purchase a ticket at the discounted price of $9.00, subject to availability, to a Traditional/VMax/Europa or 3D session at any Participating Cinema in Victoria or Tasmania.
"Benefits" means those additional benefits that may be offered to Members from time to time, including discounted or free tickets (other than those constituting a Reward), free or discounted food and beverage items, Member newsletters, entry into Member-only competitions or eligibility for Members-only products, services or offers.
"Free Movie Ticket Reward" means the right to receive a free movie ticket, subject to session availability, to a Traditional/Vmax/Europa or 3D session at any Participating Cinema where the requisite number of Visits has been achieved.
"Member" means a person who is recognised by Village Cinemas as a participant in the Program.
"Membership" means the participation of a Member in the Program.
"Membership Card" and "Key Tag" means a card and / or key tag issued by Village Cinemas to identify a person as a participant of the Program.
"Participating Cinemas" means those cinemas in Victoria and Tasmania at www.villagecinemas.com.au as "Participating Cinemas" for the purpose of the Program (which, unless the website says otherwise, excludes the Albury, Bendigo, Ballarat, Werribee and Warrnambool Village Cinemas locations).
"Program" means the Village VMC Reward Program.
"Reward" means a reward awarded to a Member as a result of the Member accumulating the required number of Visits, being either a $9 Movie Ticket Reward or a Free Movie Ticket Reward depending on the number of Visits accumulated.
"Terms and Conditions" means these terms and conditions of the Program as varied from time to time by Village Cinemas.
"Visit" means a visit awarded for the purchase of a movie ticket by a Member when they have presented their Membership Card or Key Tag to the cashier at the ticket box of a Participating Cinema or whilst being logged in online as a Member.
"Visit Balance" means the number of accumulated Visits. - MEMBERSHIP COST
Membership of the Program is free of charge. - MEMBERSHIP ELIGIBILITY
4.1 Membership of the Program is open to individuals residing in Australia who: (a) are aged 12 years or over and who have a valid email address; (b) complete a Membership application form online with correct and valid information; and (c) provide an individual email address unused by any other person for subscription to the Program. Membership is valid from receipt of a Membership Card and Key Tag or on activation of an online account.
4.2 A Member must enrol individually in his/her legal name and such a person may only have one open Membership account at any given time. A Member may collect Rewards and Benefits in one account only.
4.3 Membership eligibility is at the sole discretion of Village Cinemas.
4.4 Membership can only be held by an individual. Membership is not open to families, groups, companies, trusts, partnerships, other entities, government departments or agencies.
4.5 A Member may not gain Benefits or Rewards from activities or purchases undertaken on behalf of a business.
4.6 Membership, Membership Cards, Key Tag, Visit Balances, Rewards and Benefits are non transferable, are not redeemable for cash and may not be given to other individuals.
4.7 Employees of Village Cinemas or its related bodies corporate are not eligible to participate in the Program.
4.8 Membership, Benefits and Rewards are only available at Participating Cinemas. Village Cinemas may vary the number and location of Participating Cinemas and shall notify members of such changes via email. - MEMBERSHIP CARD AND KEY TAG
5.1 The Program has its own distinctive Membership Card and Key Tag. Members should keep their Membership Card and Key Tag secure.
5.2 Each Membership Card and Key Tag will be associated with one Membership number.
5.3 A Membership Card or Key Tag should be presented at the ticket box or candy bar when making any purchase.
5.4 If a Membership Card is lost or stolen the Member must immediately advise Village Cinemas and Village Cinemas will replace the Membership Card.
5.5 Village Cinemas shall be entitled to assume that any person who purports to be a Member and provides (whether in person or electronically) the Membership number to Village Cinemas is in fact the Member. Village shall be entitled to:
(a) reveal to any such person any and all information relating to the Membership; and
(b) act on any request of such a person with respect to any other matter regarding the Program without taking any further steps to verify the identity of the person.
5.6 All Membership Cards and Key Tags remain the property of Village Cinemas at all times and must only be used by Members for the purposes contemplated by these Terms and Conditions and in the manner directed by Village Cinemas from time to time.
5.7 Members who join the Program at a Participating Cinema will be allocated a Membership Card and Key Tag at that time. Membership will be active from this time. However, for the Member to receive the full Rewards and Benefits of the Program they need to complete the required enrolment form online and link their Membership number to their on-line account. - PERIOD OF MEMBERSHIP
The period of Membership for the Program is from the date of enrolment by the Member until the date that such Membership is terminated by either the Member or Village Cinemas. Membership will be automatically terminated if the Program is cancelled. - ACTIVATION OF MEMBERSHIP AND USE OF MEMBERSHIP CARD AND KEY TAG
7.1 Members who join the Program online will receive confirmation of their account activation at the end of the enrolment process. It is at this point that Membership becomes active and may be used. Members will also receive a welcome email confirming their new membership details, which will be sent to the email address specified in the application.
7.2 Members who join the Program online and have not yet obtained a Membership Card and Key Tag can collect them at any Participating Cinema then log in to the Program and update their Member details with the number on the Membership Card.
7.3 The Member should show their Membership Card or Key Tag and have it swiped by the cashier at the ticket box when purchasing tickets or be logged on as a Member when purchasing tickets online.
7.4 Use of the Membership number and/or Membership Card and/or Key Tag to secure Rewards and Benefits signifies acceptance of the Terms and Conditions. - PROGRAM BENEFITS AND REWARDS
8.1 Village Cinemas does not guarantee or warrant that any or all of the Benefits or Rewards or privileges of the Program will be available at all times. Village Cinemas reserves the right to change, modify, limit or cancel any of the Program Benefits or Rewards at any time. This includes increasing or decreasing any requirements for a Reward, changing the value of Rewards or limiting the availability of Rewards. Members will be notified via email of any changes that may adversely affect their Reward and Benefit entitlements. All other changes will be the subject of a notice on www.villagecinemas.com.au.
8.2 Earning Rewards and Visits
(a) Subject to these Terms and Conditions, a Member will receive a Reward when their Membership account shows that they have reached the required Visit Balance.
(b) A Member's Visit Balance is updated when the Member purchases a ticket to see a movie at a Participating Cinema:
(i) while on line whilst logged in as a Member; or
(ii) at the ticket box of a Participating Cinema by presenting their Membership Card or Key Tag prior to the completion of the ticket purchase.
(c) It is the Member's responsibility to remember to log in or show their Membership Card or Key Tag (as relevant). Village Cinemas is in no way liable for any loss or missed opportunity should a Member fail to log in or show their Membership Card or Key Tag.
(d) Members will earn one (1) Visit for each paid ticket to a Traditional/Vmax/Europa/3D or Gold Class session. The ticket purchased must be used by the Member to count towards a Visit and a Member cannot earn a Visit by purchasing tickets for other people. Purchasing tickets for special events where the ticket has been incorporated into the total package price, such as Movie Marathons, will count as one Visit. The price of the paid ticket has no bearing on the amount of Visits the member will earn. Visits will not be counted on tickets purchased prior to launch of the Program. Visits will not be allocated to a Member's account until up to 48 hours after the screening of the relevant movie. The redemption of a Free Movie Ticket Reward will not count as a Visit as it is not a paid ticket.
(e) If a member has picked up a replacement Membership Card and Key Tag at the ticket box, they will not be able to accrue Visits until the new Membership Card and Key Tag are activated online and linked to the Member's Membership account. Only ticket purchases made after the replacement Membership Card and Key Tag have been activated will count as Visits.
(f) Certain Village Cinema products and services, such as some coupons, vouchers, offers, Special Events and complimentary tickets are not eligible to be counted towards Visits or the earning of Rewards. Vouchers and gift cards earn Visits upon their use, not upon purchase.
(g) A Member must have accumulated a Visit Balance of five (5) in order to qualify for a $9 Movie Ticket Reward. A member must have accumulated a Visit Balance of ten (10) in order to qualify for a Free Movie Ticket Reward. After reaching a Visit Balance of 10 and becoming entitled to a Free Movie Ticket Reward, the Member’s Visit Balance will return to nil and they will start the Reward journey again.
(h) Village Cinemas may also advertise offers for which Members may earn additional Visits or may redeem for additional Rewards or Benefits.
(i) If Village Cinemas cannot confirm that Visits or Rewards were properly issued or obtained, it may refuse to record or honour the Visits or Rewards on a Member's account, or if already recorded, may cancel such Visits or Rewards.
8.3 Redeeming Rewards
Members can redeem Rewards online at www.villagecinemas.com.au whilst logged in as a Member or at the ticket box of a Participating Cinema by presenting their Membership Card or Key Tag to the cashier before completing the transaction.
Members cannot redeem Rewards for Gold Class sessions or for special events or with any other special offer, unless specified by Village Cinemas. The redemption of a Reward is subject to session availability. Rewards are valid in sessions marked “NFT”. There are no blackout periods.
Redeeming a $9 Movie Ticket Reward:
A $9 Movie Ticket Reward can be redeemed for all Traditional/Vmax and 3D sessions at all Participating Cinemas. For 3D sessions the regular $3.00 surcharge will apply and 3D glasses must be purchased separately by the Member.
Redeeming a Free Movie Ticket Reward:
A Free Movie Ticket Reward can be redeemed for all Traditional/Vmax and 3D sessions at all Participating Cinemas. For 3D sessions no surcharge will apply and 3D glasses must be purchased separately by the Member. Some sessions may have a limited number of tickets allocated for Free Movie Ticket Rewards and once the allocated number have been redeemed, no more will be made available for redemption for that session.
8.4 Expiration of Rewards and Member Visit Balance
(a) Rewards will expire two months from the date on which they are issued to a Member. The expiration date of a Reward may be extended by Village Cinemas if Village Cinemas is solely responsible for a Member being unable to redeem the Rewards prior to expiry.
(b) A Member's Visit Balance will expire each year:
(i) on 15 July, if the Member became a Member prior to 15 July 2010; or
(ii) the anniversary of the date on which Membership commenced if a Member became a Member after 15 July 2010.
8.5 Program Partner/s
The Program may include offers to Members from time to time from third party entities other than Village Cinemas. Village Cinemas accepts no responsibility or liability whatsoever with regard any matter that may arise between the Member and any third party in relation to any offer that a third party has made through the Program.
8.6 Ad hoc Promotions
Members who have their Membership Card or Key Tag scanned or buy tickets online whilst logged in as a Member, may from time to time go into the draw of an ad-hoc competition. Entry into such competitions may be subject to separate terms & conditions of those competitions.
8.7 Ad hoc Offers
Members who have their Membership Card or Key Tag scanned or buy tickets online whilst being logged in as a Member, may receive ad hoc discounts, offers and Benefits. Separate terms & conditions may apply to such offers.
8.8 Promotion prizes must be taken intact as offered and are not exchangeable or redeemable for cash. If the winner of a major prize is under 18, the prize will be awarded to that person's parent or guardian. If a prize is unavailable, Village Cinemas reserves the right to substitute a prize of equal or greater value.
8.9 Screenings
Members may be eligible to attend special screenings only available to Members or available to Members at a discounted price. Members must have their Membership Card or Key Tag scanned as proof of Membership. Membership does not guarantee entry to these screenings. - RETURNS AND/OR EXCHANGES
In the event of a return and/or exchange of any ticket purchase for which a Visit was accrued, a Visit will be deducted automatically from your Visit Balance. - WEBSITE
10.1 The terms of use in respect of the website of Village Cinemas apply to any use of the website in connection with the Program. The terms may be found at www.villagecinemas.com.au.
10.2 Village Cinemas and its respective officers, agents, employees and related bodies corporate shall not be responsible for any loss caused by a failure of the www.villagecinemas.com.au website or for any problems or technical malfunctions in connection with telephone networks, telephone lines, computer online systems, servers, access providers, computer equipment, software or e-mail failures. In addition, Village Cinemas and its respective officers, agents, employees and related bodies corporate shall not be responsible for any loss caused by traffic congestion on the internet or at any website or any damage caused to any computer or related property resulting from a person’s participation in or activities in connection with the Program. Village Cinemas reserves the right to (but is not obliged to) cancel or suspend the Program should a virus, bug or any other event or matter beyond the reasonable control of Village corrupt the security or proper administration of the Program. - MISUSE AND TERMINATION OF MEMBERSHIP
11.1 Village Cinemas reserves the right to terminate the Membership, including forfeiture of Rewards or Benefits, of any Member at any time without assigning any reason or giving any notice.
11.2 Fraud or abuse concerning Membership, Rewards and/or Benefits is subject to appropriate administrative and/or legal action by Village Cinemas.
11.3 Nothing in these Terms and Conditions shall limit Village Cinemas in the exercise of any legal or equitable rights and remedies it may have.
11.4 Subject to applicable laws, Village Cinemas will not be liable for any loss or damage whatsoever suffered by any Member as a result of any termination, suspension or cancellation of the Program or the Member's Membership. - LOCAL LAWS
12.1 The Program and a Member's entitlement to any Rewards or Benefits under the Program are subject to all laws applicable to Village Cinemas and to the Member which restrict, prohibit or limit the scope or extent of the Program or any such Rewards and Benefits. - GOVERNING LAW AND JURISDICTION
13.1 These Terms and Conditions are governed by and will be construed in accordance with the laws of Victoria, Australia irrespective of where the application for Membership has been completed by the Member. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions or the Program, the Member submits to the non-exclusive jurisdiction of the State of Victoria.
13.2 Nothing in these Terms and Conditions affects any rights a Member may have which by law cannot be excluded, including under the Trade Practices Act (Cth) (1974).
13.3 If part or all of any clause in these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.
13.4 Village Cinemas nor its officers, agents, employees or related bodies corporate make any representation or warranty as to the quality, suitability or merchantability of any goods or services offered as prizes. Village Cinemas will not be liable for any loss (including any indirect or consequential loss) or damage by reason of any act or omission, deliberate or negligent, of Village Cinemas in connection with the Program unless such liability may not be lawfully excluded, in which case liability will be limited to the greatest extent permitted by law.
13.5 Personal information collected from Members is maintained in accordance with Village Cinema's Privacy Policy, which is accessible at 'www.villagecinemas.com.au'. Personal information collected may be used for marketing/ promotional purposes as contemplated by that Privacy Policy. When your Membership Card or Key Tag is swiped or a Member is logged into their online account and purchases a ticket, information shall be recorded as part of the Member's profile (with such information to include frequency of Visits, number of tickets purchased and film/s viewed). Personal information will only be disclosed to related bodies corporate of Village Cinemas in accordance with the Privacy Policy. Contact our Privacy Officer if you would like details of the personal information Village Cinemas may hold. Privacy Officer: 1/500 Chapel Street, South Yarra, 3141, Fax: 03 9663 1972, Email: privacy@roadshow.com.au.
