Terms Of Use

This website (“the Website”) is operated by The Trustee for The Clockwood Trust ABN 62 540 924 940 (“Classic Cinemas” / “us” / “we”).

This Website is made available solely for access from places in Australia and to users located in, or ordinarily resident in Australia.

This document contains the terms and conditions governing your use of this Website and your purchase of any movie tickets, goods or services from Classic Cinemas using this Website ("Terms of Use"). Your access to and use of this Website is conditional on acceptance of these Terms of Use. Use of this Website indicates your acceptance of these Terms of Use.  If the Terms of Use are not acceptable to you, you must not use this web site.

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 of Use.

If Classic Cinemas suffers or incurs any loss or damage in connection with any breach of these Terms of Use you agree to indemnify Classic Cinemas for all losses and damages.

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 computer or website programming code;
  • attempt to circumvent any security features of this Website;
  • 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.

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 Classic Cinemas, 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 Classic Cinemas’ written permission:

  • use Classic Cinemas’ trademarks, except for printing out a copy of this Website or as part of a reference to a Classic Cinemas 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 Classic Cinemas’ rights or the rights of Classic Cinemas’ content suppliers.

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.

PERSONAL INFORMATION

Classic Cinemas’ Privacy Policy forms part of these Terms of Use, and includes important information about how we may retain and use personal information about you gathered in the course of your use of this Website.  By using this Website, you consent to Classic Cinemas using and retaining your personal information in accordance with the Privacy Policy.

REGISTRATION

You may be asked to provide Personal Information (such as your name, email address, telephone number, address, credit card information and date of birth) to Classic Cinemas before purchasing any movie ticket, goods or services 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 Classic Cinemas, Classic Cinemas may not be able to sell you movie tickets, goods or services, enter you into that competition or register you as a member.

All Personal Information Classic Cinemas collects from this Website will be maintained in accordance with Classic Cinemas’ Privacy Policy.

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.

You agree to keep all membership and registration information secret and accept responsibility for all actions performed by any person accessing this Website using your member account.

Classic Cinemas 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.

You agree that Classic Cinemas may cancel your registration as a member and/or refuse you access to this Website at any time in its sole discretion.

SUBMITTED DATA AND COMMENTS

For any information or material provided by you for entry into any competition hosted on this Website, or any comment made by you in respect to any information on this Website, you agree to grant us irrevocable, perpetual, royalty-free, non-exclusive, worldwide license to use, reproduce, modify, sublicense, redistribute, adapt, transmit, publish, broadcast and display that information or material and create derivative works from it.

MOVIE TICKET PURCHASES

By purchasing a ticket, you represent that you (and any persons for whom you purchase a ticket) are of an age permitted to purchase a ticket pursuant to the relevant classification for the film. Classic Cinemas reserves the right to request proof of age identification before permitting entry into films based on their classification, and refuse entry to you if you are not legally entitled entry to the film. 

Movie tickets purchased via this Website are non-refundable and are not available for exchange, unless required by law.

A booking fee per ticket will apply to all tickets purchased via this Website.

Certain film screenings may be subject to a “no free tickets” (NFT) restriction.   Classic Cinemas will not accept complimentary tickets or free passes for these film screenings until the NFT restriction is lifted.

Where allocated seating applies to a session you have the choice of choosing your own seat on the Website. Otherwise seat allocation for movie tickets purchased via this Website is on a "best available" basis and is carried out by a prescribed computer program.

You agree that Classic Cinemas may at its discretion, refuse to sell movie tickets to you or withdraw any movie tickets from sale via this Website.

PURCHASES AND GST

Prices on this Website are denoted in Australian dollars and include GST where applicable.

COMPETITION ENTRY

By entering any promotion or competition you are bound by and agree to comply with the competition terms and conditions of that competition.

MODIFICATION OF THESE TERMS AND THIS WEBSITE

You agree that Classic Cinemas may at any time, in its sole discretion, modify and part of this website, including these Terms of Use.

THIRD PARTY LINKS AND ADVERTISING

Classic Cinemas 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 Classic Cinemas 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 Classic Cinemas or its affiliates.

You acknowledge and agree that Linked Sites are not under the control of Classic Cinemas and that Classic Cinemas 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.

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, Classic Cinemas 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; 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 Classic Cinemas nor its affiliates nor the employees, officers and agents of Classic Cinemas 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 Classic Cinemas to comply with its obligations under these Terms of Use.

IMPLIED TERMS

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, to the extent permitted by law, the liability of Classic Cinemas for any breach of such condition or warranty or any other breach of these Terms of Use will be limited, at the option of Classic Cinemas, 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.  Nothing in these Terms of Use excludes, restricts or modifies any term, condition, guarantee, warranty, right or remedy implied or imposed by any law or statute or regulation (including under the Australian Consumer Law) which cannot lawfully be excluded, restricted or modified.

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.