This Site is operated by Casuarina Place P/L trading as Gympie Cinema (ABN 85 091 919 390) (Gympie Cinemas). We value your interest in our Cinema and appreciate your visit to our Site.
These Terms set out how we allow you to access and use our Site, how we display information about our products and services, and the conditions that apply to purchases made on our Site.
You should read these Terms in conjunction with the Event Privacy Policy.
Browsing, accessing, using, or purchasing any products through the Site forms a legally binding agreement between you and Event, and you accept and agree to be legally bound by these Terms. If you do not agree to be bound by these Terms you must cease accessing and using this Site.
In these Terms unless the context otherwise requires:
(a) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(b) Cinemas means the cinemas listed on this Site as Gympie Cinemas
(c) Intellectual Property means any copyright, patent, trade mark, design, or other related statutory or common law right, anywhere in the world, whether registered or capable of registration or not.
(d) Product means any good or service provided or offered for sale or rental by Event, including (without limitation):
(i) movie tickets and alternative content tickets;
(ii) 3D glasses;
(iii) gift vouchers;
(iv) food and beverage items; and
(v) accessories and ancillary services.
(e) Site means this website.
3.1 Accessing and using this Site
You must only access and use the Site in accordance with these Terms and any applicable law.
Gympie Cinemas reserves the right to deny access to this Site for any conduct that it has reasonable grounds to consider is unlawful or breaches these Terms.
3.2 Prohibited activities
You must not, and must not attempt to or assist any other person to:
(a) use any of the content on this Site (including movie session times) for commercial purposes or gain or to establish or operate your own product or offering;
(b) use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site;
(c) interfere with or disrupt the operation of this Site or the servers or networks that host the Site;
(d) interfere with security-related or other features of the Site;
(e) use this Site in a way that may harass, annoy or disrupt any third person, including a third person who may receive messages as a result of your use of this Site;
(f) use this Site to transmit, submit, convey or transfer any material or information that:
(i) is unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent, including without limitation any material constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise breach any applicable law;
(ii) infringes the rights of Event or of any other person;
(iii) is the personal information of any other person without that person’s consent, or would otherwise infringe another person’s privacy rights;
(iv) is protected by copyright, trade mark or any other intellectual property right without first obtaining the permission of the owner or relevant right holder, or would otherwise infringe the intellectual property rights of any person;
(v) contains or comprises any malicious software of any description.
Event may refer fraudulent, abusive, or illegal activity to the relevant law enforcement authorities and reserves its rights to disclose the full details of any such conduct (including any associated personal information) to those authorities.
4.1 Information published on the Site
Event publishes information on the Site, including about:
(a) movies and movie session times;
(b) prices for goods and services;
(c) Cinema trading hours; and
(d) Cinema facilities and access.
This information is regularly updated and may change from time to time. Event uses reasonable efforts to ensure that information published on the Site is accurate and up to date.
4.2 Advertising and links to third-party websites
Event may, from time to time, publish on the Site links to websites controlled by third parties (Linked Sites), including for advertising purposes. Unless expressly published otherwise, Linked Sites are not controlled by Gympie Cinemas.
Event is not responsible for and does not warrant the accuracy of any content of any Linked Site. You agree that your use of or navigation to any Linked Site is entirely at your own risk.
4.3 Site maintenance
The Site may be unavailable or operate with reduced functionality from time to time due to maintenance or reasons of Force Majeure. Event provides no warranty that the Site will be operational at all times.
4.4 Intellectual property and material
As between you and Event, you agree that all intellectual property rights (including trademarks, logos, brands, graphics, images, text, software, computer programs, film clips, videos and other media) displayed on or relating to this Site are owned by Event (or its licensors, sponsors, suppliers or related bodies corporate). Apart from the personal, non-commercial use of the content of this Site, you must not do any of the following unless you have received the prior written permission of Event:
1. reproduce, reformat, reuse, transmit (including broadcast), communicate, adapt, distribute, sell, modify, store in a retrieval system or publish or otherwise use any of the material on this Site (including without limitation any underlying source code or other data);
2. interfere with, or attempt to interfere with, the proper working of this Site, (including, for example, by making excessive traffic demands on this website); or
3. reproduce Event’s trademarks or logos on another website.
For any material you upload onto this Site or submit to Event through this Site including on forums, review websites or participation in competitions, you warrant that you are the owner of this material or have obtained all necessary licences to use this material and that your use of this material complies with all applicable laws, for instance the material will not defame or vilify any person. You grant to Event a perpetual, irrevocable and royalty-free licence to use this material for the purposes it was provided to Event, and consent to any acts by Event which would otherwise be an infringement of your moral rights.
5.1 Consent to collection, handling and use of personal information
Event collects, handles and uses your personal information in accordance with the Event Privacy Policy, available at www.eventcinemas.com.au/terms/privacy.
By using this Site or by purchasing any products or services from this Site, or by submitting any information to this Site, you agree to the collection, handling and use by Event of your personal information in accordance with this policy.
5.2 Cookies
Event uses ‘cookies’ and other technologies to track your use of this Site and to adjust the content displayed on this Site. You can disable cookies and the tracking technologies we use via your browser settings, and still access the Site.
6.1 Formation of contract
Your use of the Site and/or purchase of any product or service through this Site forms a legally binding agreement between you and Event. This clause 7 sets out the terms that govern the sale of products to you via the Site.
6.2 Age restriction
Children under the age of 16 must obtain the permission and assistance of their parent or guardian to purchase any product or service through this Site.
6.3 Acknowledgements
This clause sets out Event’s policies that may affect your ability to obtain or use any goods or services you purchase via this Site.
Film classification
The Australian Classification Board makes classification decisions about films under the Classification (Publications, Films and Computer Games) Act 1995. Event may require proof of age identification in order to permit a person entry to a film session.
Alcohol
Event supplies alcohol at its Cinemas in accordance with its responsible service of alcohol obligations as applicable at each venue and reserves its right to require proof of age identification in order to supply alcohol to any person.
Cinema specific policies
Specific admittance or conduct policies may apply at each of Event’s cinemas and may include access restrictions.
Concession tickets
Event may require valid identification before permitting entry to a person holding a concession ticket.
No Free List/No Free Tickets Restrictions
Event may impose a “no free list” or “no free tickets” restriction (NFT) to certain films and screenings in its discretion. NFT is a restriction imposed for selected films and screenings upon their release. It means that no special complimentary coupons, discounts or offers are valid for use on that specific film or screening until the restriction has been lifted. Generally, the NFT restriction will only last the first few weeks after a film’s release, although there are exceptions.
Force Majeure
Each party will not be in breach of these Terms and Conditions and will not have any liability to the other party if it is prevented from complying with any of its obligations under these Terms and Conditions by reason of Force Majeure. “Force Majeure” means any act, event or circumstance beyond the reasonable control of the party affected by Force Majeure, and includes, without limitation, casualties, war, rebellion, revolution, blockades, riots, insurrection, strikes, lockouts, labour or industrial problems, civil unrest, embargoes, domestic or international disturbance, acts of terrorism, outbreak of disease, virus, pandemics or epidemics, world and/or regional health threats, governmental actions or delays, fire, hurricanes, earthquakes, storms, floods, other natural catastrophes or severe weather conditions or acts of God, travel or health advisories, orders or recommendations issued by any relevant government authorities or international bodies or agencies, or damage or destruction of the relevant Cinema.
If there is a Force Majeure that prevents Event from being able to provide you with a Product that you have purchased from this Site, then Event has the right to terminate the contract relating to that Product and will refund all amounts paid by you for that Product.
Distributor Conditions and Restrictions
The supply to you of any film-related Products is subject to any conditions, limitations or restrictions imposed by the relevant studio or distributor for that film.
6.4 Prices
When you purchase Products through the Site, you will be shown the total purchase price which includes:
(a) the price of the Products;
(b) surcharges for additional items such as 3D glasses;
(c) online booking fees;
(d) credit card fees; and
(e) GST.
By confirming your purchase you agree to pay the total purchase price in accordance with these Terms.
6.5 Disclosure of customer details to payment processor
In addition to the collection of personal information as set out in the Event Privacy Policy, you consent to National Australia Bank Limited (ABN 12 004 044 937), Commonwealth Bank of Australia (ABN 48 123 123 124) and PayPal Australia Pty Ltd (ABN 93 111 195 389) collecting your personal information to process payments made by you on this Site through their payment gateway services.
Your payment and credit card details submitted using this Site are fully encrypted through industry-standard secure software server technology. Event recommends that you check the SSL/TLS certificate at the time of any purchase to confirm this measure has been taken. If you suspect that unauthorised use of your credit card has occurred as a result of a purchase from this Site, you should notify your credit card provider immediately in accordance with its reporting rules and procedures.
6.6 Refund and return policy
Subject to clause 8, refunds or exchanges are not available if you:
(a) simply change your mind about Products you have purchased;
(b) have mistakenly purchased the wrong Product (including mistakes relating to session times, dates or cinema venue); or
(c) are unable to provide proof of purchase.
6.7 No Re-Sale or Promotional Use
Products or services obtained from this Site (including movie tickets and vouchers) may not be re-sold, on-supplied or transferred for commercial, consumer or promotional purposes, bundled with other goods or services, or used for promotional purposes without Event’s prior written consent.
You acknowledge and agree that unless required by law (and without limiting the Australian Consumer Law or Consumer Guarantees) this Site and its content is provided “as is” without warranties of any kind, express or implied. You also acknowledge that you use this Site and the material contained on this Site at your own risk. To the extent permitted by law (and without limiting the Australian Consumer Law or Consumer Guarantees), Event and you each:
1. exclude all warranties;
2. exclude liability for any indirect or consequential loss or damage including loss of profits and loss of revenue; and
3. limit their liability to any one or more of the following:
(a) in relation to goods, replacing or repairing the goods or supplying an equivalent item, or paying the costs or replacing, repairing or hiring an equivalent item; or
(b) in relation to services, the re-supply of the services or payment of the cost of having the services re-supplied.
These Terms are governed by the laws of Queensland, Australia.