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 Berkeley Cinema Group Terms and Conditions 1.1 Terms and conditions of use These terms and conditons (Terms) of use apply to your use of the Berkeley Cinema Group website www.bcg.net.nz, our services and the operation of you Member account. You acknowledge and agree that in entering or using the Berkeley Cinema Group website you have familiarised yourself with and agree to be bound by these terms. If you have any questions about these Terms, the Berkeley Cinema Group website or the services, please contact us here at www.bcg.net.nz/contact/ We may change these Terms from time to time at any time by posting the amended terms. You acknowledge and agree that all changes will become effective from the date that they are posted and you shall be deemed to have accepted them as from the time and date that they are posted. Your use of the Berkeley Cinema Group website is also subject to the Privacy Policy, Disclaimer, MYFILM Membership Rules and other information provided on this website. 1.2 Membership If you wish to become a member of the MYFILM members reward programme (Reward Programme) please visit www.bcg.net.nz/myfilm/. The Membership Rules for the Reward Programme are available at the bottom of this page. In becoming a Member, you agree to comply with the Membership Rules) and any modification to such rules from time to time. Membership is free but not transferable. We reserve the right to terminate your membership if at any time you breach these terms and conditions. 1.3 Login Information Access to your Member account is by your designated username and password. You may change your password at any time. If you forget your password, we will send you an email containing a new password. If you become a Member, you are responsible for keeping your login information confidential and secure. Without limiting the foregoing, you agree: (a) Not to permit any other person to use your username or account; and (b) Not to disclose, or provide to any other person your password, email address or any information that may allow that person to gain access to your account. You indemnity us against any claim by a third party arising out of a breach of these terms and conditions either by you or by any person using your login information, whether or not you have authorised that person to use your login information. If we have reason to believe that there is likely to be a breach of security, misuse of the website or any unlawful activity, we may suspend and/or terminate your account without notice. 1.4 Your responsibilities You are responsible for:
1.5 Computer Errors In the event that a computer or human error results in a material misstatement of MyFilm dollars you have accumulated for dollars spent under the Reward Programme, we reserve the right to correct such error. You agree that we may take such measures to remedy the effects of such error (including, without limitation, deduction or addition of MyFilm dollars). If there is an error in any of the offers, inivitations or other promotions we provide to you, we reserve the right to correct such information. 1.6 Intellectual property rights We own, control or have the right to use and provide the website, all content on or from the website such as data, text, images, articles, photographs, illustrations, audio and video clips. Any infringement of our intellectual property rights will be fully enforced at law. You may, at your own risk, download content from this website solely for your own personal use, provided you also retain all copyright and other proprietary notices contained in the material. We are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the down loaded material. You may not, however, adapt reproduce, store, distribute, print, display, perform, publish, broadcast or create derivative works from any content of the site for public or commercial purposes without our express prior written consent. You must ensure that your access to this website is not illegal or prohibited by the laws in the country in which you access the website and does not infringe the intellectual property rights (copyright, trademark, brand etc) of any third parties. You must take your own precautions to ensure that the process which you employ for accessing the website does not expose you to the risk of viruses, malicious computor code or other forms of interference which may damage your own computer system. 1.7 Indemnity You agree to keep us indemnified against all claims, actions, losses and expenses of any nature which we may suffer or incur or for which we may become liable in respect of or arising out of these terms or your use of the website or our services including without limitation any third-party claim for intellectual property infringement in relation to your access to or use of the website or any tortious liability. 1.8 Suspension or termination of access to website You acknowledge that we may terminate, suspend or restrict your access to the website at any time without notice. Our disclaimer will nevertheless survive any such termination. 1.9 Hyperlinks You may not create a hyperlink to any page on this website without our prior consent. If you create a hyperlink to this website, you remain fully responsible for any consequences of that hyperlink, whether direct or indirect and you will be liable to us for all loss, damage, liability, costs or expense incurred by us arising from the hyperlink. 1.10 Complaints If you have a complaint relating to the website you should contact us here: www.bcg.net.nz/contact/ 1.11 General terms Entire Agreement These terms (including any terms or policies explicitly incorporated by reference) amounts to the whole of the arrangement between you and us relating to your use of the website or our services. These terms replace any prior related agreements and understandings between you and us. No Waiver No delay, neglect or forbearance in taking enforcement action in relation to any provision of these terms by any party will be a waiver, or in any way prejudice any right, of that party. Severability If any part of these terms is held to be invalid, illegal or unenforceable, that part will be severed and the remainder of these terms will remain in full force and have full effect. Subcontracting We may subcontract to any third party all or part of our obligations under these terms. Jurisdiction These terms and conditions are governed by the laws in force in New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand. Notices We will send relevant invoices and notices, if and as required under these terms to the email address nominated by you. It is your responsibility to ensure that you keep us informed of any changes to your contact details. You will be deemed to have received a notice sent by email at the time that we send it. General You must not attempt to damage, interfere or harm this Site or any network or system underlying or connected with it, including by using a robot, spider, scraper or other automated means to access this Site or the information on it for any purpose. These terms and conditions will enure for the benefit of our successors, assigns and licensees. 1.12 MyFILM Membership Rules
If you have any questions about this disclaimer, please write to:
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