Terms And conditions
This document contains the
terms and conditions governing your use of
www.moviewithfrendz.com.au ("this Website")
and your purchase of any movie tickets from Frendz Entertainments ABN 41288203410 ("Frendz") using this Website.
APPLICATION OF THESE TERMS AND CONDITIONS
You agree that your use of this Website and the purchase of any movie ticket, goods or services will be governed by these terms and conditions("Terms of Use").
If Frendz suffers or incurs any loss or damage in connection with or as a direct consequence of any breach of these Terms of Use by you, you agree to indemnify Frendz for those losses and damages.
REGISTRATION
You may be asked to provide personal information, as that term is defined in the Privacy Act 1988 (Cth) ("Personal Information") to Frendz before purchasing any movie ticket, goods or services from this Website, before entering any promotion on the Website or before registering as a member of the Frendz subscription facilities . If you do not provide that Personal Information to Frendz, Frendz may not be able to sell you movie tickets, goods or services, enter you into promotional offers or register you as a member of the Frendz subscription facilities.
All Personal Information Frendz collects from this Website will be maintained in accordance with Frendz's Privacy Policy.
You acknowledge that if you do not register as a member of Frendz subcription facilities, parts of this Website designed for registered members may not be accessible to you. Employees of Frendz and its related bodies corporate are entitled to become members of Frendz subcription facilities, but are not entitled to enter any competitions or promotional offers on the Website.
Frendz will use its reasonable endeavours to maintain the security of any Personal Information that you provide. This Website has security measures in place to protect the loss, misuse and alteration of the information under Frendz's control. However, no data transmission over the Internet can be completely secure, and Frendz cannot give an absolute assurance that the information you provide to us will be secure at all times.
Frendz may use techniques designed to identify fraudulent activities on the Website, such as fraudulent credit card use. If any unauthorised use of your credit card occurs as a result of your credit card purchase on the Website, you should immediately notify your credit card provider in accordance with its reporting rules and procedures.
You agree that Frendz may cancel your registration as a member of Frendz subcription facilities and/or refuse you access to this Website at any time in its sole discretion.
MOVIE TICKETS
Movie tickets purchased via this Website can be collected by printing the ticket at home and presenting the print-out in exchange for the event tickets at the venue. Only a single copy of the printout per booking made will be accepted in exchange for the event tickets.
Movie tickets purchased via this Website are non-refundable, unless the event has been cancelled by Frendz. Under circumstances beyond Frendz' control where the event has been rescheduled to another date, the decision for patrons to use the same purchase for the new date will be made at the discretion of Frendz and communicated to the patrons who have purchased tickets.
An AUD$0.50 booking fee per ticket will apply to tickets purchased via this Website.
Credit Card fees may apply to transactions (or purchases) via this website. Please check with your credit card provider if such fees would apply.
All tickets purchased on this website are full priced tickets. Concessions on tickets for minors/children may need to be claimed via a cashback at the event venue. Frendz may request you to produce a ID card or choose another medium to identify the concession ticket holder before approving the cashback. Frendz may at any time, in its sole discretion, withdraw any offers of concession (or Cashback) as deemed appropriate.
Where allocated seating applies to a session you have the choice of choosing your own seat (from those available) using this Website. Otherwise seating for the event is on a "best available" basis on the event day.
By purchasing movie tickets via this Website you agree that:
- you will accept the seat allocated by Frendz to each ticket purchased; and
- Frendz has made no warranties or representations to you that you will be seated in a particular seat, row or section of the relevant cinema; and
- Frendz may, at its discretion, refuse to sell movie tickets to you or withdraw any movie tickets from sale via this Website ; and
- you will abide by any terms of entree or use of facilities at venues hired by Frendz and
- you will abide by any instruction (including expulsion from the venue) or direction from Frendz at the venue before, during or after the event.
CLASSIFICATION
Movie tickets are made available subject to the classification of the relevant film given by the Office of Film and Literature Classification.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the copyright and other intellectual property rights in this Website and in all information and materials on this Website ("Website Content") are owned by Frendz, its affiliates, suppliers or licensors unless expressly indicated. The Website Content is protected by Australian and international copyright and trademark laws.
You agree that you will not do any of the following without Frendz's written permission:
- Use Frendz's trademarks, except for printing out a copy of this Website or as part of a reference to a Frendz product or service;
- reproduce, copy, modify, merge, adapt, translate, re publish, frame, upload to a third party, post, transmit, broadcast, communicate to the public or otherwise make the Website Content available to the public;
- transmit or display the Website Content on any computer, system or network which permits electronic access by more than one user at a time;
- use, sell, assign, rent, sub licence or otherwise deal with the Website Content except as permitted by these Terms of Use; or
anything else which would infringe Frendz's rights or the rights of Frendz's content suppliers.
You may view this Website using a web "browser" so long as you do not change the form of copyright and other proprietary notices. If you are interested in a piece of content for your personal, non commercial use, you may save a single copy, print one or download one.
MODIFICATION OF THESE TERMS AND THIS WEBSITE
You agree that Frendz may at any time, in its sole discretion, modify:
- the presentation and outlay of this Website;
- the Website Content; and/or
- these Terms of Use (and any other terms on this Website), with such modifications to take effect from the time that they are posted to this Website.
THIRD PARTY LINKS AND ADVERTISING
Frendz provides hyperlinks to third party sites ("Linked Sites") for convenience only, and the inclusion of the hyperlink does not imply any endorsement of the Linked Site by Frendz or its affiliates. In addition, the inclusion of third party advertising on this Website (whether with or without hyperlinks) is not an endorsement or recommendation of the third party advertiser by Frendz or its affiliates.
You acknowledge and agree that Linked Sites are not under the control of Frendz and that Frendz is not liable or responsible for:
- any act, omission or negligence of any person who administers or owns any Linked Site;
- the copyright compliance, legality or decency of any Linked Site;
- the accuracy or reliability of any information provided by any Linked Site;
- any goods or services provided by any person who administers or owns any Linked Site; or
- the performance of any obligations owing to by any person who administers or owns any Linked Site.
WEBSITE USAGE
You agree that in using this Website, you will not:
- use parts of this Website reserved for registered members unless you are registered as a member;
- interfere with the usage of this Website by others;
- use this Website in an illegal manner;
- upload, post, email or otherwise transmit any document or information to this Website that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, sexually, ethnically or otherwise objectionable or vilifying;
- upload, post, email or otherwise transmit any document or information to this Website that infringes any Intellectual Property Rights of any person;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- interfere with or disrupt this Website, the server hosting this Website, or servers or networks connected to the server hosting this Website.
REPRESENTATIONS AND WARRANTIES
You acknowledge and agree that apart from where required by law, this Website and all Website Content are provided "as is" without warranties of any kind, express or implied.
You acknowledge that, apart from where stated to the contrary on this Website, Frendz has not made any representations or given any warranties:
- as to the functionality or content of this Website;
- as to the accuracy or completeness of any Website Content;
- that access to this Website will be uninterrupted or error free or that the Website or the server which stores and transmits the Website Content to you are free from viruses;
- that any links contained on this Website will provide you with any useful information;
- that any particular cinema, movie or session will be available to you ; or
- that movie tickets to any particular cinema, movie or session will be available for sale to you.
DISCLAIMER
Except as provided by law, neither Frendz nor its affiliates nor the employees, officers and agents of Frendz or its affiliates will be under any liability to you, in contract, tort or otherwise, in respect of any loss or damage (including consequential loss or damage, loss of profits, economic loss or loss of information) which may be suffered or incurred or which may arise directly or indirectly in respect of:
- your use of this Website;
- the accuracy, completeness or usefulness of any Website Content or information contained in that Website Content;
- your use of any websites that this Website links to;
- any movie tickets or other goods or services supplied pursuant to these Terms of Use; or
- in respect of the failure of Frendz to comply with its obligations under these Terms of Use.
CONSUMER GUARANTEES
The Competition and Consumer Act 2010 (Cth) imposes statutory guarantees on Frendz when it supplies goods or services to consumers pursuant to these Terms of Use. However, the liability of Frendz for any breach of such condition or warranty or any other breach of theseTerms of Use will be limited where it is reasonable to do so, at the option of Frendz, to one or more of the following:
If the breach relates to goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
If the breach relates to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
GOVERNING LAW
These Terms of Use shall be construed in accordance with and shall be governed by the laws in force in the State of Victoria.
You irrevocably submit to and accept the exclusive jurisdiction of any of the Courts of the State of Victoria or the Commonwealth of Australiaand any courts of appeal from these courts.
Privacy Policy
Frendz Entertainments
Frendz Entertainments (“Frendz”) operate a wide variety of entertainment businesses. Through its operations, Frendz from time to time gathers information from Customers and other parties with whom we deal for a variety of reasons including, in particular, to enable us to improve the nature of the services we provide. Frendz understands individuals' concerns regarding confidentiality and takes seriously its obligations in respect of all information it gathers. To safeguard that information, Frendz has implemented a program to ensure compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (“APPs”). This Privacy Policy outlines how Frendz deals with Personal Information.
WHY Frendz COLLECTS PERSONAL INFORMATION
Nature of Information
The information Frendz collects in most cases relates to Customers but can relate to suppliers and other parties we deal with (for the purposes of this Privacy Policy all such people are described as “Customers”). Information is gathered for a range of purposes, including the provision of ongoing Customer interaction and the compiling of Customer databases to enable us to more accurately market our goods and services. The type of information we collect includes such things as contact details, opinions, product/event preferences and transactional details. Frendz treats all such information which is collected and identifiable as relating to an individual as Personal Information. It is this information which is described as “Personal Information” for the purposes of this Privacy Policy.
Collection of Information
In accordance with the APPs, where practical, Customers of Frendz may deal with Frendz on an anonymous basis. However, as a provider of a wide range of services, Frendz frequently finds that it is necessary to collect Personal Information during the course of transactions.
Personal Information may be collected about Customers via the following means:
- competition entry forms;
- application forms;
- email;
- websites (including in some instances cookies);
- online transactions;
- networking functions (eg: business cards);
- over the phone;
- credit card details via credit card purchases; and
- information collected from third parties.
Information given to Customers
Upon specific request from the customer, When Personal Information is collected, they can be advised at the time of collection or as soon as practical after its collection as to:
- Frendz's contact details;
- the purpose of collection;
- the fact that the Customer can gain access to the Personal Information;
- the types of organisations to which their Personal Information may be disclosed;
- whether the Personal Information will be disclosed to overseas recipients;
- any law that requires the Personal Information to be collected; and
- the key consequences if all or some of the information cannot be collected.
Where Frendz collects Personal Information about a Customer from a third party, and the Customer has not previously consented to that third party providing the information to Frendz, Frendz will, where reasonable and practical, provide the Customer with the following information about that third party:
- the third party's contact details;
- the purpose of collection;
- the fact that the Customer can gain access to the Personal Information;
- the types of organisations to which their Personal Information may be disclosed by that third party;
- whether the Personal Information will be disclosed to overseas recipients;
- any law that requires the Personal Information to be collected; and
- the key consequences if all or some of the information cannot be collected.
Sensitive Information
Frendz will not ask a Customer for information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or details of health, disability or sexual activity or orientation, unless:
- the Customer provides their consent;
- the collection of that information is specifically authorised by law;
- the collection is necessary to lessen a serious or imminent threat to the health or safety of a person; or
- the collection of the information is necessary for the establishment, exercise or defence of a legal claim.
Customer consent
Wherever practical, Frendz will obtain the express consent of Customers to the collection of Personal Information.
In some situations, Frendz will interpret a Customer's actions as indicating that a Customer consents to the collection of Personal Information. This may occur where the Customer has provided Personal Information for a particular purpose and that purpose cannot be achieved without Frendz making use of the Customer's Personal Information. This may also occur when Frendz need to contact the customer for future events of the nature that the customer has previously interacted with Frendz.
What happens if Personal Information is not provided?
Where relevant, Frendz will endeavour to make Customers aware that Frendz may not be able to provide a proper service to them if Personal Information is not provided upon request.
MAINTENANCE AND MANAGEMENT OF PERSONAL INFORMATION
Who may view Personal Information
In general, only officers, employees or contractors of Frendz may view Personal Information. Frendz will only grant access to parties other than Frendz’s officers, employees and contractors to view Personal Information where Frendz believes that access is necessary to achieve the purpose for which the Personal Information was collected.
Frendz will only disclose Personal Information to parties other than Frendz’s officers, employees and contractors if:
- that disclosure is required to give effect to the purposes for which Frendz collected the Personal Information;
- the Customer has consented to that disclosure;
- Frendz believes that the disclosure may lessen a risk of harm to the health or safety of any person;
- Frendz believes an unlawful activity is being undertaken and the Personal Information is disclosed as part of Frendz's investigation into this activity;
- Frendz is required by law to disclose the Personal Information; or
- the disclosure is required for the enforcement of a criminal law or a law imposing a pecuniary penalty or for the protection of public revenue.
International transfers
Frendz may disclose Personal Information to countries outside Australia. We will only do so in compliance with all applicable Australian data protection and privacy laws. Frendz will take reasonable steps to protect personal information no matter what country it is stored in or transferred to.
If obtaining the Customer's consent is not practical, then the information may still be transferred if, as part of the agreement for the transfer of that information, the other organisation agrees to comply with Frendz's privacy obligations to that Customer.
Identification
Frendz does not use any prohibited identifiers (such as a tax file number) to identify its Customers.
Storage and Security
Personal Information may be stored in either hard copy form or on computer or both. Hard copy Personal Information is wherever practical, kept under locked security. Personal Information stored on computer is wherever practical, password protected. Where possible and practical, Frendz will endeavour to comply with recognised Australian and international standards relating to information security. Frendz regularly deletes andde-identifies Personal Information if the information is no longer needed by Frendz.
Updating Personal Information
Frendz regularly monitors the quality and accuracy of Personal Information that it maintains and where practical, updates that information on a regular basis. Customers can update their Personal Information at any time by contacting Frendz's Privacy Officer.
MINORS
Frendz has adopted the position proposed by the Privacy Commissioner that a young person is able to give their consent when he or she has a sufficient understanding and maturity to understand what is being proposed. Where Frendz is aware that it is gathering information from a minor, Frendz will obtain consent from a legal guardian for the collection of the information. Where this is not possible, Frendz's staff will make a determination as to the minor's understanding of why the Personal Information is being collected, before deciding to collect that information.
COMPETITIONS
Personal information gathered during competitions run by Frendz will be governed by the principles set out in this Privacy Policy unless an express statement is made in relation to privacy in the conditions of entry for the competition. If a customer wishes that their personal information is not be used for marketing activities for future events organised by Frendz, the customer is to provide a request in writing. Where a customer has not requested this specifically, Frendz assumes that the customer is aware of the Frendz privacy policy and will be recipient of such marketing information.
DIRECT MARKETING
Personal Information collected for direct marketing purposes will only be collected, used or disclosed with the consent of the relevant Customer as provided for in this Privacy Policy. In circumstances where Frendz cannot practically obtain the consent of a Customer, then Frendz may still engage in direct marketing to that Customer, but will:
- advise the Customer that he or she can be taken off the mailing list at any time; and
- display its contact details clearly in each direct marketing publication.
- Customers may be taken off any mailing list by contacting Frendz's Privacy Officer.
ACCESS TO PERSONAL INFORMATION
Customers may access their Personal Information by contacting Frendz's Privacy Officer. Access is generally granted within 30 days of that request. Frendz may impose a reasonable charge for access.
WHEN Frendz MAY WITHHOLD ACCESS TO PERSONAL INFORMATION
When access can be withheld
Access to Personal Information may be withheld in a number of circumstances. These include where:
- providing access would pose a serious and imminent threat to the life or health of a person;
providing access would have an unreasonable impact on the privacy of others;
- the information is subject to confidentiality where the person who provided the information to Frendz did so expressly on - the condition that it remains confidential;
- the request is vexatious or frivolous;
- the information relates to current or anticipated legal proceedings between Frendz and the person and the information would not be required to be discovered to a court;
- Frendz is in commercial negotiations with the person and the information would reveal Frendz's intentions;
- providing access would be unlawful or Frendz is required by a law to withhold access; or
- providing access could prejudice the investigation or detection by Frendz or by a government body of an unlawful activity or some serious or improper misconduct.
Where Frendz does withhold Personal Information, Frendz may instead choose to give the Customer a summary of that information.
Written reasons
If Frendz does withhold Personal Information, Frendz will provide written reasons.
Third party intermediary
If Frendz withholds access to Personal Information, Frendz will consider whether the provision of access to an independent third party will meet Frendz's and the relevant Customer's needs.
CONTRACTORS
Frendz may from time to time employ subcontractors to provide services to it. In these situations, Personal Information may be collected about those subcontractors. This Privacy Policy applies equally to those subcontractors.
WHO TO CONTACT
Frendz is committed to working with its Customers to obtain a fair resolution of any complaint or concern about privacy. To contact us with a compliment or complaint or a privacy question, you can:
MODIFICATIONS TO THIS DOCUMENT
Frendz may modify this Privacy Policy and the way it handles Personal Information at any time in its sole discretion.
FURTHER INFORMATION
Further information on privacy can be obtained from the Privacy Commissioner at
www.privacy.gov.au
