Terms and Conditions of the VILLAGE MOVIE CLUB
These terms are issued by Village Cinemas Australia Pty Ltd ACN 006 735 002 ("Village Cinemas") to govern the Village Movie Club ("VMC").
Terms and Conditions of Membership of the VMC
1.1 These Terms and Conditions set out the details of the VMC and the rights and obligations of both the Members and Village Cinemas. It is each Member's responsibility to read and understand them. By joining the VMC you accept these Terms and Conditions.
1.3 Village Cinemas reserves the right to amend, alter, withdraw or terminate the VMC, any feature of the VMC, any Rewards or Benefits at its sole discretion. Membership and all related Rewards and Benefits are offered at the sole discretion of Village Cinemas.
1.4 These Terms and Conditions may be amended from time to time. Members should refer to www.villagecinemas.com.au for the current Terms and Conditions.
In these Terms and Conditions, the following words and expressions have the meanings defined below unless the context otherwise requires:
"$9 Movie Ticket Reward" means the right to purchase a movie ticket at the discounted price of $9.00, subject to availability, to a Traditional/VMax or 3D session at any Participating Cinema in Victoria or Tasmania. Surcharges apply, and the Member will be required to purchase 3D glasses (if needed).
"Benefits" means those additional benefits which may be offered to Eligible Members from time to time, including discounted or free tickets (other than those constituting a Reward), discounted or free food and beverage items, Member newsletters, entry into Member-only competitions or eligibility for Members-only products, services or offers.
“Eligible Member” is a Member who has consented to receiving special offers from Village Cinemas and is eligible to accrue Visits and receive Benefits and Rewards.
“Ineligible Member” is a Member who is not eligible to receive Benefits and Rewards.
"Free Movie Ticket Reward" means the right to receive a free movie ticket, subject to session availability, to a Traditional/Vmax or 3D session at any Participating Cinema where the requisite number of Visits has been achieved. The Eligible Member will be required to purchase 3D glasses (if required).
"Member" means a person who is recognised by Village Cinemas as a participant in the Program and includes an Eligible Member and Ineligible Member.
"Membership" means the participation of a Member in the Program.
"Membership Card", “Digital 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 “Village Cinema”branded cinemas in Victoria and Tasmania which participate in the VMC (Note that non-Village Cinema branded cinemas such as Albury, Bendigo, Rosebud, Sorrento, Warragul and Warrnambool cinema locations are not Participating Cinemas for the purpose of the VMC).
"Reward" means a reward awarded to an Eligible Member as a result of the Eligible 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 VMC 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 when purchasing a movie ticket whilst being logged in online as a Member.
"Visit Balance" means the number of accumulated Visits calculated in accordance with clause 8.
- MEMBERSHIP COST
Membership of the VMC is free of charge.
- MEMBERSHIP ELIGIBILITY
4.1 Membership of the VMC is open to individuals residing in Australia who: (a) are aged 14 years or over; (b) complete a Membership application form online with correct and valid information (where required); (c) provide a valid email address unused by any other person for subscription to the Program; and (d) agree to the Terms and Conditions. Membership is effective from activation of an online account.
4.2 A Member must only have one open Membership account at any given time. An Eligible Member may accrue Visits and 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 An Eligible Member may only gain Benefits or Rewards from activities or purchases undertaken in a personal capacity. An Eligible Member cannot 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 may join the VMC and enjoy the Rewards and Benefits offered to Eligible Members however they are not permitted to enter any competitions or draws.
4.8 Membership, Benefits and Rewards are only available at Participating Cinemas. Village Cinemas may vary the number and location of Participating Cinemas..
- MEMBERSHIP CARD AND KEY TAG
5.1 VMC has its own distinctive Membership Card, Digital Card and Key Tag. Members should keep their Membership Card, Digital Card and Key Tag secure.
5.2 A Member’s Membership Card, Digital Card and Key Tag and email address will correspond with one Membership number only.
5.4 If a Membership Card or Key Tag is lost or stolen the Member must immediately advise Village Cinemas and Village Cinemas will replace the Membership Card or Key Tag at the ticket box on next visit. All Members will be provided a Digital Card accessible upon membership activation. The Digital Card will be available on all Smartphone devices after login at m.villagecinemas.com.au.
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 that 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 VMC 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 A patron may be allocated a Membership Card and Key Tag at a Participating Cinema. However, to become a Member the patron must complete the required application form online and link their Membership number (which is printed on the Membership Card and Key Tag) to their email address and on-line account. To become an Eligible Member, the patron must consent, as a minimum, to receive special offers from Village Cinemas and movie-related offers plus offers from other businesses. If the patron does not consent to receive special offers from Village Cinemas and other businesses, they will be an Ineligible Member.
- TERMINATION OF MEMBERSHIP
Membership may be terminated by either the Member or Village Cinemas. To terminate its Membership, a Member must unsubscribe via their Village Movie Club homepage or email the Customer Service team (email@example.com). Membership will be automatically terminated if the VMC is cancelled. Village Cinemas may terminate a Member’s Membership if:
- The Member has not been awarded at least one Visit in the preceding 12 month period; or
- if it considers that it is reasonable to do so.
- ACTIVATION OF MEMBERSHIP AND USE OF MEMBERSHIP CARD AND KEY TAG
7.1 At the end of the online application process, Members will receive an email requesting the Member confirm their Membership by following the link in the email. 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 When logging into the website, Members may opt-in, at their own risk, to stay logged into the website after the initial session concludes. Subject to the computer settings, if the opt-in is selected the website will keep the Member logged in and remember the Membership details until the Member manually logs out. Members using shared or public computers should log out after each session to ensure the security of their Membership is maintained.
7.3 Members who join the VMC online are automatically assigned a Digital Card, members can obtain a Membership Card and Key Tag at any Participating Cinema. The Member should then log in to the VMC and update their Member details with the number on the Membership Card. Visits cannot be accrued on the card until the Membership number stated on the Membership Card is linked to the email address and online account.
7.4 The Member must show their Membership Card, Digital 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 in order to accrue a Visit.
7.5 Every use of the Membership number and/or Membership Card and/or Digital Card and/or Key Tag to accrue Visits and 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 VMC will be available at all times. Village Cinemas reserves the right to change, modify, limit or cancel any of the 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.
8.2 Earning Rewards and Visits
(a) Subject to these Terms and Conditions, an Eligible Member will receive a Reward when their Membership account shows that they have reached the required Visit Balance. Ineligible Members are not eligible to receive a Reward.
(b) A Member will earn one (1) Visit (which will be reflected in the Member’s Visit Balance) when the Member purchases a ticket to see a movie at a Participating Cinema:
(i) (online) 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) Only paid tickets to a Traditional/Vmax/ 3D or Gold Class session are eligible to be counted as a Visit. The ticket purchased must be used by the Member to count as a Visit. However, when more than one (1) Member is present at the ticket box at the time of purchase those Members who present their Membership Card, Digital Card or Key Tags at the ticket box and have them scanned will be credited with one (1) Visit. 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 Eligible 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) Certain Village Cinema products and services, such as some coupons, vouchers, offers, Special Events and any complimentary tickets are not eligible to be counted towards Visits or the earning of Rewards. Tickets which are not purchased at the ticket box or via villagecinemas.com.au are not eligible to be counted as a Visit. Vouchers and gift cards earn Visits upon their use, not upon purchase.
(f) A Member must have accumulated a Visit Balance of five (5) and be an Eligible Member in order to qualify for a $9 Movie Ticket Reward. A Member must have accumulated a Visit Balance of ten (10) and be an Eligible Member in order to qualify for a Free Movie Ticket Reward. Upon redeeming the Free Movie Ticket Reward, the Eligible Member’s Visit Balance will be reduced by 10 and they will start the Reward journey again. Eligible Members who qualify for a Reward will receive an email informing them of the Reward including its expiry date. Rewards cannot be used after the expiry date.
(g) Village Cinemas may also advertise offers where Members may earn additional Visits or Eligible Members may redeem their Visit Balance (or part thereof) for additional Rewards or Benefits.
(h) 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.
(i)_ Ineligible Members may accrue Visits in accordance with clause 8.2. However, only Eligible Members qualify for a $9 Movie Ticket Reward and Free Movie Ticket Reward.
8.3 Redeeming Rewards
(a) Eligible Members can redeem Rewards online at www.villagecinemas.com.au whilst logged in as an Eligible 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.
(b) Eligible 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.
(c) Rewards are valid in sessions marked “NFT”. There are no blackout periods.
(d) 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. Surcharges apply, and 3D glasses must be purchased separately (if required) by the Member.
(e) 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 however 3D glasses must be purchased separately (if required) by the Member.
8.4 Expiration of Rewards and Member Visit Balance
(a) Rewards will expire two months from the date on which they are issued to an Eligible Member. The Eligible Member can log on to their online VMC account to redeem the $9 Movie Ticket Reward or the Free Movie Ticket Reward, as the case may be. Alternatively, those Eligible Members with a Membership Card, Digital Card or Key Tag linked to their online account can redeem the Rewards at the ticket box by presenting the Membership Card, Digital Card or Key Tag.
(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 VMC business partner/s
The Program may include offers to Eligible Members from time to time from third parties 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 Film-based Promotions
Eligible 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 a film-based competition. Entry into such competitions may be subject to separate terms & conditions of those competitions.
8.7 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.
- 8.8 Film-based Offers
Eligible Members who have their Membership Card or Key Tag scanned or buy tickets online whilst being logged in as a Member, may receive film-based discounts, offers and Benefits. Separate terms & conditions may apply to such offers.
Village Cinemas may host special screenings which are only available to Eligible Members where entry is complimentary or at a discounted price. Prior to admission, Eligible Members must have their Membership Card, Digital Card or Key Tag scanned as proof of Membership. Membership does not guarantee entry to these screenings as seating is limited. 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.
10.2 Village Cinemas and its respective officers, agents, employees and related bodies corporate shall not be responsible for any damage or loss resulting from a person’s participation in or activities in connection with theVMC. Village Cinemas reserves the right to (but is not obliged to) cancel or suspend the VMC and will notify Members accordingly.
- 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 participation in the Program, including an Eligible Member's entitlement to any Rewards or Benefits, are subject to all laws applicable to Village Cinemas and to the Eligible Member which may 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 Neither 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.