MEMBERSHIP TERMS AND CONDITIONS – MOVING PICTURES CINEMAS

MOVING PICTURES CINEMAS LIMITED (“Moving Pictures Cinema”) is a company registered in England and Wales at Companies House under company number 11487650 and having its registered office at Archer House, Britland Estate, Northbourne Rd, Eastbourne,East Sussex, BN22 8PW.  Moving Pictures Cinema Limited is referred to in these terms and conditions as “we”, “us”, “our” or “Moving Pictures Cinema”.

Please read and retain a copy of the below terms and conditions (the “T&Cs”) carefully as these  &Cs apply to you every time you access, use, purchase a ticket or register on MOVING PICTURES CINEMA’ website (http://www.Moving Pictures Cinemacinema.co.uk) or on MOVING PICTURES CINEMA Social Media (as defined below) or sign, use or register to any of MOVING PICTURES CINEMA’s Membership Scheme (as defined in Section A.6 below) collectively, “MOVING PICTURES CINEMA’s Channels”). “MOVING PICTURES CINEMA Social Media” means Website and applications enabling you to create and share content or to participate in social networking, provided by third parties (such as Twitter, Facebook) through which MOVING PICTURES CINEMA provides services such as information, applications, ticket sales and similar activities.  Please note that you may be required to create a password to register to the Website, and Social Page. Both your email address and password will be required to log in thereafter (for security purposes, see C.15 “Privacy Policy”).

These T&Cs as well as any document expressly referred to therein represent the entire agreement between MOVING PICTURES CINEMA and you, which are to be governed and construed in accordance with the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction to settle any claim or dispute arising out of or in connection with the T&Cs.

All information relating to the T&Cs shall be supplied to you in English only and communications to you will be written in the English language.

MOVING PICTURES CINEMA reserves the right to add or amend these T&Cs from time to time, at its discretion. You agree to be bound by the updated version of the T&Cs as soon as you access, use or register on MOVING PICTURES CINEMA’s Channels.

Please ensure you have up to date information. If you purchase any ticket, goods or services via MOVING PICTURES CINEMA Website after any amendment to these T&Cs, you agree to be bound by the updated version.

By entering any MOVING PICTURES CINEMA’s Cinemas (the “MOVING PICTURES Cinemas”), you agree to be bound by the rules edited by such MOVING PICTURES Cinemas as they may be revised from time to time (the “Admission Terms of Use”).

To the extent permitted by law, all conditions and warranties implied by law, statute or otherwise are expressly excluded.

A – MEMBERSHIP:

1) Please read and retain a copy of the below terms and conditions (the “T&Cs”) carefully as by registering to any of MOVING PICTURES CINEMA’s Membership Scheme (as detailed in Section 6 below), these apply to you. MOVING PICTURES CINEMA reserves the right to add or amend these T&Cs from time to time, at its discretion. Changes will take effect as soon as they are posted on MOVING PICTURES CINEMA Website or MOVING PICTURES CINEMA Social Media except for price rises applicable to MOVING PICTURES CINEMA Membership Scheme, which will only take effect at the time of the renewal of your MOVING PICTURES CINEMA Membership Scheme.

You agree to be bound by the updated version of the T&Cs as soon as you access, use or register on the MOVING PICTURES CINEMA’s Channels. The MOVING PICTURES CINEMA Membership Scheme is subject to availability.

2) To become a member, you must be 18 or over except for the Student Members. If you are under 18, please ask a parent or guardian to register and remain liable to MOVING PICTURES CINEMA on your behalf.

3) To become a member, you must pay a membership fee (the “Membership Fee”). The Membership Fee is the fixed amount in force at the time of joining the chosen MOVING PICTURES CINEMA Membership and is payable prior to issuance of a membership card (the “Membership Card”) by means of cash, debit or credit card. Alternative means of payment may be offered in future (e.g. Direct Debit). Someone else may make payment on your behalf provided that the payer is at least 18 years of age and is responsible for your compliance with these T&Cs.

4) To become a member, you agree to apply either by providing your personal details to any of the MOVING PICTURES CINEMA’s employees or by filling a form (e.g. online application) subject to the below Private Policy.

Your application to become a Member is an offer to join one of the MOVING PICTURES CINEMA Membership that will be accepted by taking payment of the Membership Fee, which will create a contract between you and MOVING PICTURES CINEMA (the “Membership Agreement”). MOVING PICTURES CINEMA reserves the right to decline your offer.

5) Membership Cards: As a member you will be issued with a Membership Card. Your Membership Card:

a) is usable upon collection in venue or receipt of your Membership identification number (the “Membership ID”);

b) is to be presented at each of your visit in any MOVING PICTURES Cinemas or your Membership ID is to be  inserted on the MOVING PICTURES CINEMA Website to redeem your benefits online (registration to MOVING PICTURES CINEMA Website will be required). MOVING PICTURES CINEMA is entitled to request proof of your age, identity and/or residence to confirm compliance with these T&Cs or to conform to law, regulation, court order or similar public authority;

c) is to be used MOVING PICTURES Cinemas in the United Kingdom. A list of the participating cinemas is available on MOVING PICTURES CINEMA Website, subject to changes from time to time at MOVING PICTURES CINEMA’s discretion. Please visit MOVING PICTURES CINEMA Website or ask in MOVING PICTURES Cinemas for up to date details.

d) is giving you the right to enjoy the advantages on a personal and non-transferable basis and always in accordance with in these T&Cs including as per Section 6 below, subject to availability, age restriction, private hires of the MOVING PICTURES Cinemas, Admission Terms of Use and/or any relevant promotion terms applicable from time to time;

e) is to be used on its own and cannot be used in conjunction with any promotions offered by MOVING PICTURES CINEMA unless otherwise indicated;

f) is personal and cannot be assigned or transferred or exchanged or sold to anyone else; and,

g) is and remains MOVING PICTURES CINEMA’s property at all time that it is in your possession for your own personal and non-commercial use only (please keep your Membership Card safe at all times).

6) The MOVING PICTURES CINEMA Membership Scheme (the “Membership Scheme”).

a) a 10% discount redeemable against the purchase of food and beverages available at MOVING PICTURES Cinema;

b) a free birthday ticket redeemable 7 days from date of birthday; not transferrable.

For the avoidance of doubt, no guest may use your Membership Card in your absence.

7) Lost, stolen or damaged Membership Cards: You must keep your Membership Card secure and in your possession at all times. Any lost or stolen Membership Card should immediately be reported to MOVING PICTURES CINEMA at info@movingpicturescinema.co.uk. Your lost or stolen Membership Card will be deactivated. If you subsequently find or retrieve such deactivated lost or stolen Membership Card, please destroy it immediately.

You must treat your Membership Card with care, and not damage it, or misuse it. If your Membership Card is damaged or defective, please contact MOVING PICTURES CINEMA to request a replacement card. If in MOVING PICTURES CINEMA’s reasonable opinion, the damage to your Membership Card was caused by intentional recklessness, MOVING PICTURES CINEMA reserves the right not to provide a replacement Membership Card.

Replacement cards can be picked up from our box office.   A reasonable replacement card fee may be charged to cover our costs, in accordance with our standard fee rate (no fee will apply to replacement of a defective Membership Card where MOVING PICTURES CINEMA is responsible for the defect).

8) Withdrawals: MOVING PICTURES CINEMA reserves the right to withdraw your Membership if in MOVING PICTURES CINEMA’s reasonable opinion, you:

a) have used your Membership Card fraudulently, abusively or unlawfully;

b) have caused material behavioural issues;

c) have failed to comply with your obligation to keep your security information secure;

d) have seriously breached these T&Cs;

e) have been banned on reasonable grounds from entering any MOVING PICTURES Cinema.

The withdrawal of your Membership Card for the above reasons means that you will not be able to use it thereafter and it will not give rise to any form of compensation or refund to you.

9) Intellectual Property Rights: All copyright, trademarks and all other intellectual property rights in and in relation to the MOVING PICTURES CINEMA’s Membership Scheme and/or Membership Card shall at all times remain the property of MOVING PICTURES CINEMA or its underlying rights holders.

10) Data Protection and security: MOVING PICTURES CINEMA will process your personal data in order to open, administer and run your account and deal with any enquiry you may have about it. MOVING PICTURES CINEMA plays the role of the data controller. If you choose or are provided with, a user name, user identification code, password, security question & answer, verification number or any other piece of security information as part of our security procedures, you must treat such information as confidential and not disclose it to anyone. If you become aware of any unauthorised use of your security information you must inform MOVING PICTURES CINEMA immediately.

11) Cancellation, termination, discontinuation:

a) MOVING PICTURES CINEMA reserves the right to discontinue the Membership Scheme and to stop issuing Membership Cards;

b) You may cancel any Membership purchased within the first 14 days after issuance; MOVING PICTURES CINEMA will refund the Membership Fee paid to you or the person who paid the same. After such 14 days period, you may terminate your Membership Card and MOVING PICTURES CINEMA will make no refund unless your situation presents some exceptional circumstances that would justify refunding at MOVING PICTURES CINEMA’s sole discretion. For any cancellation however caused, MOVING PICTURES CINEMA is entitled to charge you at the standard rate for any instances where you have benefited by using your cancelled Membership or Card. If your usage equates the Membership Fee, no refund will occur. If your usage exceeds your Membership Fee, you will be charged at the standard rate.

12) Liability

a) Except where expressly provided, nothing in these T&Cs shall constitute a warranty or representation regarding any aspect of the MOVING PICTURES CINEMA’s Channels or products and/or services provided by MOVING PICTURES CINEMA. Where a Membership Card is defective, MOVING PICTURES CINEMA’s liability limited to the replacement of such defective Card. Where erroneous pricing information has been given to you, and the error is obvious and could have been recognised by you as erroneous, we will not be obliged to supply goods and services at the erroneous price. MOVING PICTURES CINEMA shall not be liable to you for any special, indirect or consequential losses incurred by you in any way. Neither shall MOVING PICTURES CINEMA be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these T&Cs that are caused by events outside MOVING PICTURES CINEMA’s reasonable control.

b)MOVING PICTURES CINEMA’s total liability for all claims shall not exceed the amount of the Membership Fee.

c)Nothing shall be construed as to exclude or limit MOVING PICTURES CINEMA’s liability for death or personal injury caused by MOVING PICTURES CINEMA’s negligence, for fraud or fraudulent misrepresentation committed by MOVING PICTURES CINEMA or its agents, or for any other liability which may not be excluded or limited by law.

13) Assignment by MOVING PICTURES CINEMA: MOVING PICTURES CINEMA reserves the right to assign any and all of its rights or obligations under the Membership Agreement to any company part or affiliated to the MOVING PICTURES CINEMA’s group.

14) Complaints: should you have any complaints in relation to your Membership and/or these T&Cs, please contact us at membership@Moving Pictures Cinema.co.uk.

B – TERMS OF PURCHASE

1) By purchasing any goods or service online on MOVING PICTURES CINEMA Website, you accept to be subject to the laws, regulations and any other rules applicable to online transactions. All purchase is subject to availability. Any order you make is an offer to purchase from MOVING PICTURES CINEMA via any of the MOVING PICTURES CINEMA’s Channels, MOVING PICTURES CINEMA accepts your offer (i) in cinema, when your payment is taken by MOVING PICTURES CINEMA and/or (ii) on the MOVING PICTURES CINEMA Website, when the order confirmation appears on your screen (please retain a record of the confirmation page or e-mail confirmation, if any).

2) The purchase price, booking fee and delivery cost (if any) shall be as indicated at the time of your order except in cases of obvious error where there is no obligation to provide you with the Gift Card the incorrect (lower) price. Price, delivery cost and availability information are subject to change without notice. Purchase prices are inclusive of VAT.

3) If you are a CEA card holder the individual accompanying you will be given one free ticket as this person is deemed to be present to enable you to visit the cinema, provide you with the assistance you require as a result of your disability, provided however that you purchase an applicable full price ticket for yourself for the same performance of in the same auditorium.

4) Purchase of Gift Cards:

a)The points of sale of Gift Cards are MOVING PICTURES Cinemas .

b)Please ensure the information provided when you made your offer to purchase a Gift Card is correct, Gift Cards cannot be cancelled, exchanged or refunded unless you purchased it on MOVING PICTURES CINEMA Website where you have the right to cancel your order for 14 days provided that the Gift Card has not been used.

c)The purchase price shall be as indicated at the time of your order except in cases of obvious error; there is no obligation to provide you with any Gift Card at the incorrect (lower) price. Price, delivery cost and availability information are subject to change without notice. Purchase prices are inclusive of VAT.

d)The use of the Gift Card by you or the person you are purchasing it for is subject to these T&Cs. If you are under the age of 18, you must obtain consent and assistance from your parent(s) or guardian(s) before purchasing and normal film age restrictions apply and you may not be admitted to a cinema after certain times depending upon local licensing conditions.

e)Gift Cards have no value until activated. Once activated there is a contract between you and MOVING PICTURES CINEMA, your Gift Card can be used for a period of 24 months after purchase.

f)The maximum amount of any Gift Card is GBP £50.00.

g)Your Gift Card can be used multiple times until the value on the Gift Card is zero and cannot be topped up.

h)No Gift Card can be offered for resale or resold. MOVING PICTURES CINEMA reserves the right to de-activate any Gift Card if in MOVING PICTURES CINEMA’s reasonable opinion, you: have used it fraudulently, abusively or unlawfully; have caused material behavioural issues; have failed to comply with your obligation to keep your security information secure; have seriously breached these T&Cs; have been banned on reasonable grounds from entering any MOVING PICTURES Cinema. This means that you will not be able to use it thereafter and it will not give rise to any form of compensation or refund to you.

i)Gift Cards can be used via MOVING PICTURES CINEMA’s Channels to purchase tickets, food, beverages and any other items available for sale subject always to compliance with these T&Cs provided always that it is for your own personal non-commercial use. If the amount available on your Gift Card is insufficient, you will be asked to pay the balance via other means. No cash can be given for any balance left on your Gift Card.

j)Please be vigilant and keep your gift Card safe. MOVING PICTURES CINEMA is not responsible for any loss, damage, theft or authorised use.

k)This card is not a credit, debit, charge or cheque guarantee card.

l)This card cannot be exchanged for cash or for other vouchers/gift cards.

m)All copyright, trademarks and all other intellectual property rights in and in relation to Gift Cards shall at all times remain the property of MOVING PICTURES CINEMA or its underlying rights holders.

n)MOVING PICTURES CINEMA may materially change or suspend or discontinue the Gift Card scheme at any time upon giving 30 days’ advance notice.

o)MOVING PICTURES CINEMA may assign its right to a company part of the MOVING PICTURES CINEMA group or to any business, which purchases or do so in accordance with these T&Cs.