Terms & Conditions
TERMS & CONDITIONS - WEBSITE AND MEMBERSHIP
Effective Date: 17 February 2023
Welcome to Kismet!
These Terms govern use of the Website, Kismet Socials and membership of Kismet. Terms and Conditions - Promotions are set out below these Terms. Kismet (including the Website) is owned and operated by Kismet Movies Pty Ltd as The Trustee for Kismet Unit Trust (ABN 90 421 068 474). If you continue to use the Website or Kismet Socials or if you join Kismet, you acknowledge that you have reviewed, understood and agree to comply with these Terms.
Capital City (ex Darwin, Hobart and Canberra) means Sydney, Melbourne, Brisbane, Adelaide and Perth.
Identifying Information means information provided by you when you contact us, join Kismet, engage with Kismet Socials, or do business with us and may include your name, address, email address and phone number.
Kismet means the movie club operated by us.
Kismet Content means any content (including audiovisual content), materials, writing, images or other information made available on the Website or Kismet Socials or that we may otherwise make available to you and includes each Kismet Movie.
Kismet Member means a member of Kismet.
Kismet Movie means a movie that we distribute.
Kismet Movies Pty Ltd means Kismet Movies Pty Ltd as The Trustee for Kismet Unit Trust (ABN 90 421 068 474).
Kismet Movie Event means a screening of a Kismet Movie which may include drinks and/or food before or after the screening, an introduction to the movie or a discussion/Q&A after the screening and/or a live performance.
Kismet Movies IP is all intellectual property that is owned by us and/or that is licensed to us including, but not limited to, the contents, layout, design, colours, appearance, graphics, imagery and code for the Website and Kismet Socials as well as all copyright, trade marks (registered and unregistered) and other intellectual property contained or utilised in the Website, Kismet Socials or the Kismet Content.
Kismet Socials means Kismet operated pages hosted by Facebook, Instagram, Twitter, Youtube and any other social media platforms.
Terms means these Terms & Conditions.
us, we, our means Kismet Movies Pty Ltd.
User means a user of the Website or Kismet Socials.
Website means the website hosted at www.kismetmovies.com
you or your refers to you, a User and/or Kismet Member, as applicable.
Your Content means any content (including audiovisual content), materials, writing, images or other information made available to us by you via the Kismet Socials or that you may otherwise make available to us.
2. AGE RESTRICTION
You must be aged 18 years or older or aged 15-17 years, have the consent of your parent or guardian and your parent or guardian agrees to these Terms, before using the Kismet Socials, joining Kismet or purchasing or redeeming tickets to any Kismet Movie Event. Some Kismet Movies will have a classification requiring viewers to be aged 15+ or 18+. You will only purchase or redeem tickets to a Kismet Movie Event if you are old enough to view that Kismet Movie in accordance with its classification.
3. TERRITORIAL RESTRICTION
There is no territorial restriction on use of the Website or Kismet Socials. In order to join Kismet you must reside in or near a Capital City (ex Darwin, Hobart and Canberra).
4. KISMET MEMBERSHIP
Anyone satisfying the Age Restriction and Territorial Restriction may join Kismet. Membership of Kismet is free. If you join Kismet, you will be asked to provide us with Identifying Information. Kismet Members will receive email invitations to Kismet Movie Events. Kismet Movie Events may take place in any or each Capital City (ex Darwin, Hobart and Canberra). We may also send to you reminders of upcoming Kismet Movie Events to which you hold tickets.
Your Kismet membership (including any tickets to Kismet Movie Events which you receive as a Kismet Member) is personal to you and not transferrable. You can cancel your Kismet membership at any time by logging into your Kismet account and cancelling your membership. There is also a login link in the footer of any email from us to manage your account. Alternatively, you can contact us as set out in the Contact section below. If you opt out of receiving communications from us you are cancelling your Kismet membership.
5. MEMBER BENEFITS
As a Kismet Member, you will have the opportunity to purchase tickets to Kismet Movie Events in your Capital City (ex Darwin, Hobart and Canberra) by clicking on the link in the invitation. Kismet Members will receive exclusive access to the Kismet Lounge (an online members area of the Website offering premium content including video content, production notes and interviews with cast and filmmakers).
We will use our reasonable endeavours to proceed with Kismet Movie Events as planned but reserve the right to modify any Kismet Movie Event, for example by substituting the Kismet Movie to be screened due to availability of talent or for any other reason. In the event a Kismet Movie Event is cancelled, rescheduled or relocated, your payment card will be credited with the ticket price paid by you, less any booking fee retained by our ticketing partner Humanitix in accordance with their Terms & Conditions. Ticketholders who received a complimentary ticket may attend another Kismet Movie Event.
6. ACCEPTABLE USE
You agree that:
(a) all information that you provide to us via the Website, Kismet Socials or otherwise will be accurate, complete and honest and you will update all such information as necessary so that it remains at all times accurate, complete and honest;
(b) you will not use the Website or Kismet Socials for any unlawful purpose or any purpose prohibited under these Terms;
(c) you will not use the Website or Kismet Socials in any way that could damage the Website, Kismet Socials or our general business;
(d) you will only use the Website and Kismet Socials for personal use; and
(e) you will comply with the laws of all applicable jurisdictions in your use of the Website and Kismet Socials.
You further agree not to:
(a) infringe any rights in Kismet Movies IP;
(b) upload or otherwise disseminate any computer viruses or other software that may damage our property or the property of any other User;
(c) download, copy, store or transmit any Kismet Content or attempt to do the same, other than as may occur in the ordinary course of accessing the Kismet Website and Kismet Socials for personal and legal purposes;
(d) reverse engineer, disassemble or hack any code or software from or on the Website or Kismet Socials; or
(e) violate the security of the Kismet Socials through any unauthorised access, circumvention of encryption or other security tools, scraping, data mining or interference with any host, user or network.
You further agree not to use Kismet Socials:
(a) to harass, abuse or threaten any other person or to otherwise violate any other person's legal rights;
(b) to violate any intellectual property rights of us or of any third party;
(c) to upload or otherwise disseminate any computer viruses or other software that may damage the property of us or of any User;
(d) to publish or distribute any obscene or defamatory material;
(e) to publish or distribute any material that incites violence, hatred or discrimination towards any person, group or community; or
(f) to gather information about others unlawfully or use information obtained about others for any purpose.
If you become aware of any unacceptable use of the Website or Kismet Socials please report it to us at firstname.lastname@example.org
We reserve the right to:
(a) monitor, review, edit or delete any of Your Content, whether or not you have breached these Terms; and
(b) determine in our sole discretion whether to terminate your membership of Kismet and/or access to Kismet Socials.
7. THIRD PARTY TERMS AND FEES
By using the Website or Kismet Socials you may incur third party charges from your mobile, internet or other provider.
8. EXCLUSION OF LIABILITY
For the purpose of this clause, “us” and “we” includes all of Kismet Movies Pty Ltd’s officers, directors, employees, affiliates, agents and other authorised representatives.
You acknowledge and agree that:
(a) the Website and Kismet Socials are provided on an “as is” basis, may contain errors and may change at any time without prior notice;
(b) if we provide any links to third party websites, we are not responsible for the content of such third party websites;
(c) Kismet Movie Events may be modified, for example by substituting the Kismet Movie to be screened for any reason.
To the fullest extent permitted by law we hereby expressly exclude:
(a) all warranties, guarantees, representations or terms (whether express or implied) except for those expressly set out in these Terms;
(b) any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, safety, legality or suitability for a particular purpose of the Website, Kismet Socials and Kismet; (c) any liability for damage, loss, cost or expense including legal costs and expenses, whether direct or indirect, incurred by you in relation to loss of data or otherwise in connection with your use of the Website, Kismet Socials or membership of Kismet.
To the fullest extent permitted by law, you waive all of your legal rights of action against us and fully release us from any claim you may have including for loss, damage, injury or death howsoever arising out of or in relation to your use of the Website, Kismet Socials or membership of Kismet including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of Kismet Movies Pty Ltd.
We take no responsibility for the actions or omissions of Users and we have no liability for any breach of these Terms by any User.We have no liability for monitoring third party content which is posted or uploaded to the Kismet Socials.
You hereby indemnify us (which, for the sake of clarity, also includes any of our officers, directors, employees, affiliates, agents and other authorised representatives) in relation to any and all claims, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) which may arise from or relate to your membership of Kismet, your use or misuse of the Website or Kismet Socials or your breach of these Terms.
10. AMENDMENT OF THESE TERMS, THE WEBSITE AND KISMET SOCIALS
You hereby acknowledge and agree that we may change these Terms, the Website and/or Kismet Socials at any time. If you continue to use the Website or Kismet Socials or maintain your membership of Kismet, as applicable, following any amendment of these Terms you will be deemed to have confirmed and agreed to the amended version of these Terms.
11. INTELLECTUAL PROPERTY
You hereby acknowledge and agree that, as between us and you, we own all intellectual property rights in the Kismet Content and nothing in these Terms amounts to a transfer of any intellectual property rights from us to you. You hereby acknowledge and agree that you will not infringe Kismet Movies IP in any way. If you use any Kismet Movies IP for a lawful purpose you will not remove any copyright or other intellectual property notices.
You grant us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free and transferrable right and licence to use Your Content in any way we choose.
To the extent that you hold any moral rights in connection with Your Content, you hereby consent to us making any material alterations to Your Content and doing or omitting to do any acts which would otherwise infringe your moral rights under the Copyright Act 1968 (Cth) in relation to Your Content.
You represent and warrant to us that you have all necessary rights to grant the licences and to provide the consents set out in this clause and you agree not to copy or otherwise use any other User’s content without their express written consent.
We may immediately terminate these Terms, as between you and us, at any time, with or without cause. These Terms terminate automatically if we cease to operate the Website, Kismet Socials and Kismet for any reason.
If you have joined Kismet, you may terminate these Terms at any time by logging into your Kismet account, cancelling your subscription and then ceasing to use the Website and Kismet Socials. There is also a login link in the
footer of any email from us to manage your account. Alternatively, you can contact us as set out in the Contact section below.
Upon termination of these Terms, any sections which would by their nature be reasonably expected to survive termination shall remain in full force and effect, including the Exclusion of Liability, Indemnity and Intellectual Property sections. If we terminate or suspend your membership of Kismet, you agree not to join Kismet under a different identity or to recommence using the Website or Kismet Socials without our express permission in writing.
No assignment: You must not assign, sub-license or otherwise deal in any way with your rights under these Terms without our prior written consent.
Notices: We may serve legal notices on you at the email address that you provide to us upon joining Kismet (or such updated email address notified by you to us from time to time) or at any of your social media accounts from which you have engaged with Kismet Socials. You may serve any legal notices on us at email@example.com (or such updated email address notified by us to you from time to time) or at our physical address set out below in the Contact Us section. Email notices will be deemed to have been received upon transmission confirmed by a delivery receipt. Hard copy notices sent by prepaid post in Australia will be deemed to have been received five (5) business days after posting.
Disputes: If any dispute arises between you and us under these Terms we will try to resolve it directly with you before resorting to legal action and we ask that you do the same.
15. CONTACT US
You can contact us at:
ABN 90 421 068 474
28 Queen St
TERMS & CONDITIONS - PROMOTIONS
Effective Date: 17 February 2023
Participation in the Promotion is subject to the Terms. By entering the Promotion, you agree to be bound by the Terms. Only entries that comply with the Terms will be considered valid and eligible to win a Prize.
The Promoter is Kismet Movies Pty Ltd as the Trustee for Kismet Unit Trust ABN 90 421 068 474, 28 Queen St, Chippendale, NSW 2008, firstname.lastname@example.org
The Promotion is a game of skill. Chance plays no part in determining the Winner/s.
Judges means the employees and/or contractors of the Promoter who the Promoter nominates to judge the entries into the Promotion.
Kismet Movies Pty Ltd means Kismet Movies Pty Ltd as The Trustee for Kismet Unit Trust (ABN 90 421 068 474).
Prize means the prize/s described on the relevant Promotion Page.
Prize Supplier means any third party supplying a Prize.
Promotion means the applicable promotion for which we are the Promoter.
Promotion Page means the social media and/or website page/s at which you can enter the Promotion.
Purpose means conducting the Promotion and/or for promotional and marketing purposes (including direct marketing).
Terms means these Terms and Conditions – Promotions and the additional terms and conditions set out on the applicable Promotion Page.
us, we, our means Kismet Movies Pty Ltd.
Winner/s means the winner/s of a Prize in a Promotion, as judged in accordance with these Terms. you or your refers to you, an entrant in a Promotion.
2. WHO CAN ENTER THE PROMOTION
You are eligible to enter the Promotion if you are:
(a) ordinarily resident in Australia (unless the Promotion page states otherwise); and
(b) aged 18 years or over; or
(c) aged 15-17 years, have the consent of your parent or guardian to enter and your parent or guardian agrees to these Terms; and
(d) not a director, manager, employee of the Promoter, retailers, suppliers, associated entities and agencies associated with this Promotion, or any immediate family member of any of those persons.
Judging of entries will be carried out by the Judges in NSW. All valid entries will be judged based on the skill shown in the entry submission. The entry or entries selected by the Judges as displaying the highest degree of skill will be the winner/s (Winner/s). The Judges’ decision is final and no correspondence will be entered into. Winner/s will be notified in one or more of the following ways:
(a) at the social media account used to enter the Promotion;
(b) by phone; or
(c) by email.
The Prize is as detailed on the relevant Promotion Page. All taxes (excluding GST), which may be payable as a consequence of receiving the Prize are the sole responsibility of the Winner/s.
The Promoter is not liable for any loss, damage or injury suffered (even if caused by negligence) as a result of the Winner(s) accepting and/or using the Prize, except for any liability which cannot be excluded by law. Promoter is not responsible or liable for any loss, damage or injury suffered by any winner arising from or in connection with the Prize or resulting from the conduct of any Prize Supplier.
5. PRIZE WINNERS
Winner/s will be notified within two business days of the closing date of the Promotion and Prize/s will be despatched to the Winner/s within five days of notification unless otherwise stated on the applicable Promotion Page.
The Promoter will make reasonable efforts to identify and locate the Prize Winner/s. If any Prizes (other than perishable Prizes) remain unclaimed within seven days after Prize notification, another Winner/s may be selected and notified in the same manner as set out above.
The Promoter assumes no responsibility for any failure to receive an entry or to contact a Winner because of inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may (with the approval of the relevant authority where necessary) modify, cancel, terminate or suspend the Promotion.
6. PRIZE SUBSTITUTION
In the event that the Prize (or any part of the Prize) becomes unavailable for any reason, the Promoter may substitute a Prize (or the relevant part of a Prize) with a Prize of equal or greater value.
7. USE OF PERSONAL INFORMATION
Personal information including your name, address, social media account name, telephone number and/or email may be collected and used for the Purpose. This may require disclosure to third parties, including local regulatory authorities and the Promoter’s agents or third party service providers.
8. INTELLECTUAL PROPERTY AND MORAL RIGHTS
By entering this Promotion, you license the Promoter (including its assigns, licensees and successors) to use the content of their entry in any way the Promoter wishes (including modifying, adapting, copying, publishing, broadcasting or communicating the entry whether in original or modified form in whole or in part) in all media in perpetuity without payment.
By entering this Promotion, you consent to the Promoter dealing with their entry content in any way that may otherwise infringe your moral rights and agree not to assert their moral rights (wherever such rights are recognised) in respect of their entry against the Promoter or its assigns, licensees or successors.
You warrant that your entry is not in breach of any third party intellectual property rights.
You consent to the Promoter using your name, likeness, image and/or voice in the event that they are a winner in any media for an unlimited period of time without payment for the purpose of promoting the Promotion (including any outcome) and/or promoting the business of the Promoter.
10. SOCIAL MEDIA PLATFORMS
If the Promotion is hosted on a social media platform, you:
(b) release such social media platform from all claims based on, related to or arising from the Promotion; and
(c) acknowledge and agree that this Promotion is in no way sponsored, endorsed, administered or affiliated with such social media platform.
The Promoter is not responsible for any loss, damage or injury resulting from entering or participating in this Promotion including arising from any comments made, or material published, by third parties about the participant on any social media platform in connection with this Promotion.
11. GENERAL PROMOTION CONDITIONS
Promoter accepts no responsibility for late, lost or misdirected entries or other communications. Entries will be deemed void if illegitimate, forged, manipulated or tampered with in any way or for non-compliance with these Terms.
Should your contact details change during the Promotion Period, it is your responsibility to notify the Promoter.
The Promoter reserves the right to request verification of any Promotion entrant’s social media profile and of the age, identity and address of Winners and any other information relevant to entry into or participation in the Promotion. Failure by the Promoter to enforce any of its rights does not constitute a waiver of those rights.
The Winner may have rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter. These Terms do not exclude, restrict or limit those statutory rights in any way. However, to the extent that it is permitted to do so, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, without limitation:
(a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
(b) any theft, unauthorised access or third party interference;
(c) any entry that is late, lost, altered, damaged or misdirected due to any reason beyond the reasonable control of the Promoter;
(d) any variation in market value to that stated on the applicable Promotion Page;
(e) any tax implications; or
(f) the Prize/s or use of the Prize/s.
If for any reason beyond the reasonable control of the Promoter this Promotion is not capable of running as planned, the Promoter reserves the right in its sole discretion to take any action that may be available to it, and to cancel, terminate, modify or suspend the Promotion or amend these Terms, unless to do so would be prohibited by law.