KISMET MOVIES

________

Effective Date: 4 April 2022

Welcome to Kismet!

These Terms govern use of the Website, Kismet Socials and membership of Kismet. 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 be bound by these Terms. We only agree to your use of the Website and Kismet Socials and your membership of Kismet if you agree to these Terms.

1. DEFINITIONS

‘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 or do business with us and includes 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 Kismet Movies.

‘Kismet Member’ means a member of Kismet.

‘Kismet Movie’ means a movie that we make available to Kismet Members.

‘Kismet Movies’ 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.

‘User’ means a user of the Website or Kismet Socials.

‘Website’ means the website hosted at www.kismetmovies.com  

‘Your Content’ means any content (including audiovisual content), materials, writing, images or other information made available by you via the Kismet Socials or that you may otherwise may make available to us.

2. YOUR AGREEMENT AND REPRESENTATIONS

By continuing to use the Website, Kismet Socials and/or joining Kismet, you represent and warrant to us that:

(a)     you have legal capacity to enter these Terms; and

(b)     you have complied with and will continue to comply with all of these Terms.

3. AGE RESTRICTION

There is no age restriction on use of the Website or Kismet Socials or membership of Kismet. However, 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. If you are under the age of 18, you must obtain the consent of your parent or guardian before using the Kismet Socials or joining Kismet and they must agree to these Terms.  

4. 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).

5. 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 take place in 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 membership of Kismet.

6. 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 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 did not purchase a ticket may attend another Kismet Movie Event.

7. ACCEPTABLE USE

You agree that:

  1. 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;
  2. you will not use the Website or Kismet Socials for any unlawful purpose or any purpose prohibited under these Terms;
  3. you will not use the Website or Kismet Socials in any way that could damage the Website, Kismet Socials or our general business;
  4. you will only use the Website and Kismet Socials for personal use; and
  5. 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 or the intellectual property rights of any third party;

(b)     upload or otherwise disseminate any computer viruses or other software that may damage our property or the property of any third party Kismet Member;

(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 contact@kismetmovies.comWe 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.

8. THIRD PARTY TERMS AND FEES

By purchasing or redeeming an offer of complimentary tickets to any Kismet Movie Event, you agree to the terms of our ticketing partner Humanitix which can be accessed here: https://www.humanitix.com/au

By using Kismet Socials, you agree to the terms of use of the applicable social media platform.

By using the Website or Kismet Socials you may incur third party charges from your mobile, internet or other provider.

9. EXCLUSION OF LIABILITY

For the purpose of this clause, “us” and “we” includes all of Kismet Movies’ officers, directors, employees, affiliates, agents and other authorised representatives.

You acknowledge and agree that:

  1. your use of the Website, Kismet Socials and membership of Kismet if applicable, is undertaken voluntarily and absolutely at your own risk;
  2. the Website and Kismet Socials are provided on an “as is” basis, may contain errors and may change at any time without prior notice;
  3. if we provide any links to third party websites, we are not responsible for the content of such third party websites;
  4. 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:

  1. all warranties, guarantees, representations or terms (whether express or implied) except for those expressly set out in these Terms;
  2. 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;
  3. 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.

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.

10. INDEMNITY

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.

11. AMENDMENT OF THESE TERMS

You hereby acknowledge and agree that we may amend these Terms from time to time. If you continue to use the Website or Kismet Socials or maintain your membership of Kismet, as applicable, following any such amendment you will be deemed to have confirmed and agreed to the amended version of these Terms.

12. CHANGES TO WEBSITE AND KISMET SOCIALS

We may, in our sole discretion, change or update the Website or Kismet Socials at any time.

You acknowledge, agree and accept that we take no responsibility for, and to the maximum extent permitted by law we shall not be liable in any way for, the Website or Kismet Socials being temporarily or permanently unavailable, for any reason.

13. 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 use any Kismet Movies IP for any unlawful or infringing purpose. If you use any Kismet Movies IP for a lawful purpose you will not remove any copyright or other intellectual property notices.

You hereby acknowledge and agree that you will not infringe Kismet Movies IP in any way, including electronically or by registration of any trade marks, business names or domain names.

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. This licence includes a right and licence to:

(a)     reproduce, copy, alter or make derivate works from Your Content;

(b)     display, communicate to the public, broadcast or transmit Your Content; and

(c)      authorise any other person, company or organisation to use Your Content.

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.

14. PRIVACY

Through your use of the Website or Kismet Socials or your membership of Kismet, you may provide us with some of your personal information. By using the Website or Kismet Socials or joining Kismet, you authorise us to use, deal with and disclose your information in accordance with our Privacy Policy.

Refer to our Privacy Policy to find out what information we collect, how and why we collect it and your rights in relation to it.

15. TERMINATION

We may immediately terminate these Terms, as between you and us, at any time, with or without cause. We specifically reserve the right to terminate these Terms, as between you and us, if you breach these Terms in any way. 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. 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.

16. GENERAL

Australian Consumer Law: You may have certain rights, warranties, guarantees and remedies under the Australian Consumer Law, contained in the Competition and Consumer Act 2010 (Cth), and, if such rights, warranties, guarantees and remedies cannot be restricted, modified or excluded by us then they continue to apply despite anything to the contrary set out in these Terms. Our liability to you is governed solely by these Terms, our Privacy Policy and the Australian Consumer Law, to the extent that it applies.

Applicable law: Your use of the Website and membership of Kismet is subject to the laws of New South Wales and each party submits to the exclusive jurisdiction of the courts of New South Wales. Your use of the Kismet Socials is governed by the law set out in the applicable platform’s terms of use.

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.

Severability: If any clause or sub-clause of these Terms is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances, the remainder of these Terms shall continue in full force and effect.

No waiver: Waiver of any part of these Terms will not constitute a waiver of any other part of these Terms.

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 office@kismetmovies.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.

Separate agreements: You may have other legal agreements with us including our Privacy Policy. Those other legal agreements are separate from and in addition to these Terms. These Terms do not alter, amend, revise or replace the terms of any other legal agreements you may have with us. To the extent of any inconsistency between these Terms and our Privacy Policy, our Privacy Policy will apply.

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.

17. CONTACT US

You can contact us at:

Kismet Movies

ABN 90 421 068 474

contact@kismetmovies.com

28 Queen St

Chippendale

NSW 2008

Australia

 

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