PALACE CINEMAS TERMS & CONDITIONS

This document contains the terms and conditions governing your use of this Website and your purchase of any movie tickets from Palace Cinemas Nominees Pty Ltd ACN 065 352 221.

 
1. APPLICATION OF THESE TERMS AND CONDITIONS 
 
1.1 You agree that your use of this Website and the purchase of any movie tickets will be governed by these terms and conditions ("Terms of Use").
 
1.2 If Palace suffers or incurs any loss or damage in connection with any breach of these Terms of Use you agree to indemnify Palace for those losses and damages. 
 
2. REGISTRATION
 
2.1 You may be asked to provide Personal Information to Palace before purchasing any movie tickets from this Website, before entering any competition on the Website or before registering as a member of this Website. If you do not provide that Personal Information to Palace, Palace may not be able to sell you movie tickets, enter you into that competition or register you as a member.
 
2.2 All Personal Information Palace collects from this Website will be maintained in accordance with Palace's Privacy Policy.
 
2.3 You acknowledge that if you do not register as a member of this Website, parts of this Website designed for registered members may not be accessible to you. Employees of Palace and its related bodies corporate are entitled to become members of the Website, but are not entitled to enter any competitions on the Website.
 
2.4 Palace 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 Palace's control. However, no data transmission over the internet can be completely secure, and Palace cannot give an absolute assurance that the information you provide to us will be secure at all times.
 
2.5 Palace 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 notify your credit card provider in accordance with its reporting rules and procedures.
 
2.6 You agree that Palace may cancel your registration as a member and/or refuse you access to this Website at any time in its sole discretion.
 
3. SALE OF MOVIE TICKETS
(applicable when online purchasing is available)
 
 
3.1 Movie tickets can only be purchased from this Website by credit card.
 
3.2 Movie tickets purchased via this Website will be available for collection at the relevant cinema from the ticket box office.
 
3.3 Movie tickets purchased via this Website are non-refundable and are not available for exchange, unless required by law.
 
3.4 Prices on this Website include GST where applicable.
 
3.5 Seat allocation for movie tickets purchased via this Website is on a "best available" basis and is carried out by a prescribed computer program. By purchasing movie tickets via this Website you agree that:
(a) you will accept the seat allocated by Palace to each ticket purchased; and
(b) Palace has made no warranties or representations to you that you will be seated in a particular seat, row or section of the relevant cinema. 
 
3.6 You agree that Palace may at its discretion, refuse to sell movie tickets to you or withdraw any movie tickets from sale via this Website.
 
3.7 Movie tickets are made available subject to the classification of the relevant film given by the Office of Film and Literature Classification. Where concession tickets are purchased, suitable identification must be presented upon collection of the tickets. 
3.8 All transactions are in AUD - Australian Currency.
 
3.9 All Credit card transactions are secured with 128bit SSL encryption.
 
 
4. INTELLECTUAL PROPERTY RIGHTS
 
4.1 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 Palace, its affiliates, suppliers or licensors unless expressly indicated. The Website Content is protected by Australian and international copyright and trademark laws.
4.2 You agree that you will not do any of the following without Palace's written permission:
(a) use Palace's trademarks, except for printing out a copy of this Website or as part of a reference to a Palace product or service;
(b) 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;
(c) transmit or display the Website Content on any computer, system or network which permits electronic access by more than one user at a time;
(d) use, sell, assign, rent, sub licence or otherwise deal with the Website Content except as permitted by these Terms of Use; or
(e) anything else which would infringe Palace's rights or the rights of Palace's content suppliers.
 
4.3 You may view this Website using a web "browser" so long as you don't 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.
 
5. MODIFICATION OF THESE TERMS AND THIS WEBSITE
 
5.1 You agree that Palace may at any time, in its sole discretion, modify:
(a) the look and feel of this Website; 
(b) the Website Content; or
(c) these Terms of Use, with such modifications to take effect from the time that they are posted to this Website. 
 
6. THIRD PARTY LINKS AND ADVERTISING
 
6.1 Palace 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 Palace 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 Palace or its affiliates.
 
6.2 You acknowledge and agree that Linked Sites are not under the control of Palace and that Palace is not liable or responsible for:
(a) any act, omission or negligence of any person who administers or owns any Linked Site;
(b) the copyright compliance, legality or decency of any Linked Site;
(c) the accuracy or reliability of any information provided by any Linked Site;
(d) any goods or services provided by any person who administers or owns any Linked Site; or
(e) the performance of any obligations owing to by any person who administers or owns any Linked Site.
 
6.3 Telstra’s digital advertising network is responsible for placing some of the advertising on this site.  To make this advertising more relevant to you, anonymous information about the previous web browsing activity of your computer on sites within Telstra’s network is collected and used to associate your computer with one or more pre-defined interest categories. Advertising that matches those interest categories may then be served to your computer.  This interest based advertising does not change the amount of advertising you receive, it just makes it more relevant.  You can learn more about the interest based advertising conducted by Telstra here.  General information about interest based advertising is available from the industry website www.youronlinechoices.com.au, and you can also opt out of some or all interest based advertising here.
 
7. WEBSITE USAGE
 
7.1 You agree that in using this Website, you will not:
(a) use parts of this Website reserved for registered members unless you are registered as a member;
(b) interfere with the usage of this Website by others;
(c) use this Website in an illegal manner;
(d) 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; 
(e) upload, post, email or otherwise transmit any document or information to this Website that infringes any Intellectual Property Rights of any person; 
(f) 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
(g) interfere with or disrupt this Website, the server hosting this Website, or servers or networks connected to the server hosting this Website.
 
8. REPRESENTATIONS AND WARRANTIES
 
8.1 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.
 
8.2 You acknowledge that, apart from where stated to the contrary on this Website, Palace has not made any representations or given any warranties:
(a) as to the functionality or content of this Website; 
(b) as to the accuracy or completeness of any Website Content; 
(c) 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; 
(d) that any links contained on this Website will provide you with any useful information; or
(e) that movie tickets to any particular movie or session will be available for sale to you.
 
9. DISCLAIMER
 
9.1 Except as provided by law, neither Palace nor its affiliates nor the employees, officers and agents of Palace 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:
(a) your use of this Website;
(b) the accuracy, completeness or usefulness of any Website Content or information contained in that Website Content;
(c) your use of any websites that this Website links to;
(d) any movie tickets or other goods or services supplied pursuant to these Terms of Use; or
(e) in respect of the failure of Palace to comply with its obligations under these Terms of Use.
 
10. IMPLIED TERMS
 
10.1 Where legislation implies in these Terms of Use any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of or liability under such condition or warranty, the condition or warranty will be deemed to be included in these Terms of Use. However, the liability of Palace for any breach of such condition or warranty or any other breach of these Terms of Use will be limited, at the option of Palace, to one or more of the following:
(a) If the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) If the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
 
11. GOVERNING LAW
 
11.1 These Terms of Use shall be construed in accordance with and shall be governed by the laws in force in the State of Victoria.
 
11.2 You irrevocably submit to and accept the exclusive jurisdiction of any of the Courts of the State of Victoria or the Commonwealth of Australia and any courts of appeal from these courts.