Gold Card Club Terms & Conditions
1.1 These Terms and Conditions form the basis of the Program. They are intended to protect both Members and Focal Point Cinema. It is a Member's responsibility to read and understand them. We ask that you read them carefully.
1.3 Focal Point Cinema reserves the right to amend, alter, withdraw or terminate the Program, any Program feature, any Rewards or Benefits or these Terms and Conditions. Members will be notified via email of any changes that may adversely affect Reward and Benefit entitlements. Membership and all related Rewards and Benefits are offered at the sole discretion of Focal Point Cinema.
1.4 These Terms and Conditions are effective as at 03 September 2013 and may be amended from time to time. Members should refer to www.focalpointcinema.co.nz for the current Terms and Conditions. Our Rewards program information can also be found here.
In these Terms and Conditions, the following words and expressions shall have the meanings as defined below unless the context otherwise requires:
“Discounted Movie Ticket" means the right to purchase a ticket at the discounted price, subject to availability, to a Traditional movie session at any Participating Focal Point Cinema in Feilding, Levin and Hastings.
"Rewards/Benefits" means those additional benefits that may be offered to Members from time to time, including discounted or free tickets (other than those constituting a Reward), free or discounted food and beverage items, Member newsletters, entry into Member-only competitions or eligibility for Members-only products, services or offers.
"Free Movie Ticket" means the right to receive a free movie ticket, subject to session availability, to a Traditional movie session at any Participating Focal Point Cinema.
"Member" means a person who is recognized by Focal Point Cinema as a participant in the Program.
"Membership" means the participation of a Member in the Program.
"Membership Card" means a card issued by Focal Point Cinema to identify a person as a participant of the Program.
"Participating Cinemas" means our cinemas in Feilding, Levin and Hastings, at www.focalpointcinema.co.nz as "Participating Cinemas" for the purpose of the Program (which, unless the website says otherwise).
"Program" means the Focal Point Cinema Gold Card Club.
"Terms and Conditions" means these terms and conditions of the Program as varied from time to time by Focal Point Cinema.
3. MEMBERSHIP COST
The membership to the Focal Point Cinema Gold Card Club is Free of Charge.
4. MEMBERSHIP ELIGIBILITY
4.1 Membership of the Program is open to individuals residing in New Zealand who: (a) are aged 15 years or over and who have a valid email address; (b) complete a Membership application form online or in-cinema, with correct and valid information; and (c) provide an individual email address unused by any other person for subscription to the Program. Membership is valid from receipt of a Membership Card.
4.2 A Member must enroll individually in his/her legal name and such a person may only have one open Membership account at any given time. A Member may collect redeem Gold Card benefits in one account only.
4.3 Membership eligibility is at the sole discretion of Focal Point Cinema.
4.4 Membership can only be held by an individual. Membership is not open to families, groups, companies, trusts, partnerships, other entities, government departments or agencies.
4.5 A Member may not gain Benefits or Rewards from activities or purchases undertaken on behalf of a business.
4.6 Membership, Membership Cards Rewards and Benefits are non transferable, are not redeemable for cash and may not be given to other individuals.
4.7 Employees of Focal Point Cinema or its related bodies corporate are not eligible to participate in the Program.
4.8 Membership, Benefits and Rewards are only available at Participating Cinemas. Focal Point Cinema may vary the number and location of Participating Cinemas and shall notify members of such changes via email.
5. MEMBERSHIP CARD
5.1 The Program has its own distinctive Membership Card. Members should keep their Membership Card secure.
5.2 Each Membership Card will be associated with one Membership number.
5.3 A Membership Card should be presented at the café/ticket office or candy bar when making any purchase.
5.4 If a Membership Card is lost or stolen the Member must immediately advise Focal Point Cinema and Focal Point Cinema will replace the Membership Card.
5.5 Focal Point Cinema shall be entitled to assume that any person who purports to be a Member and provides (whether in person or electronically) the Membership number to Focal Point Cinema is in fact the Member. Focal Point Cinema shall be entitled to:
(a) reveal to any such person any and all information relating to the Membership; and
(b) act on any request of such a person with respect to any other matter regarding the Program without taking any further steps to verify the identity of the person.
5.6 All Membership Cards remain the property of Focal Point Cinema at all times and must only be used by Members for the purposes contemplated by these Terms and Conditions and in the manner directed by Focal Point Cinema from time to time.
5.7 Members who join the Program at a Participating Cinema will be allocated a Membership Card, either at that time or via the post. Membership will be active once the card has been issued.
6. PERIOD OF MEMBERSHIP
The period of Membership for the Program is from the date of enrolment by the Member until the date that such Membership is terminated by either the Member or Focal Point Cinema. Membership will be automatically terminated if the Program is cancelled.
7. ACTIVATION OF MEMBERSHIP AND USE OF THE MEMBERSHIP CARD.
7.1 Members who join the Program online will receive confirmation of their Gold Card being delivered to them within 4-5 working days. Once the member has received their card, It is at this point that Membership becomes active and may be used. Members will also receive a welcome email and/or letter confirming their new membership details, which will be sent to the email address and/or postal address specified in the application.
7.2 Members who join the Program online and have not yet obtained a Membership Card can contact any Participating Cinema to either get their membership card mailed to them or to pick up their card in-cinema.
7.3 The Member should show their Membership Card and have it swiped by the cashier at the café/ticket office or candybar when purchasing tickets or café items from Focal Point Cinema.
7.4 Use of the Membership number and/or Membership Card to secure Rewards and Benefits signifies acceptance of the Terms and Conditions.
8. PROGRAM BENEFITS AND REWARDS
8.1 Focal Point Cinema does not guarantee or warrant that any or all of the Benefits or Rewards or privileges of the Program will be available at all times. Focal Point Cinema reserves the right to change, modify, limit or cancel any of the Program Benefits or Rewards at any time. This includes increasing or decreasing any requirements for a Reward, changing the value of Rewards or limiting the availability of Rewards. Members will be notified via email of any changes that may adversely affect their Reward and Benefit entitlements. All other changes will be the subject of a notice on www.focalpointcinema.co.nz
8.2 Earning Rewards and Benefits
(a) Subject to these Terms and Conditions, a Member will receive a Benefit/ Reward when their Membership account shows that there is a promotion currently running and their card will be able to receive the discount and/or reward.
(b) at the café/ticket office of a Participating Cinema by presenting their Membership Card prior to the completion of the ticket or café purchase.
(c) It is the Member's responsibility to remember to show their Membership Card (as relevant). Focal Point Cinema is in no way liable for any loss or missed opportunity should a Member fail to show their Membership Card.
(d) If a member has picked up a replacement Membership Card at the café/ticket office, they will not be able to receive rewards/benefits until the new Membership Card has been activated and linked to the Member's Membership account.
(e) Certain Focal Point Cinema products and services, such as some coupons, vouchers, offers, Special Events and complimentary tickets will sometimes consist of the Gold Card Benefits /Rewards.
(f) Focal Point Cinema may also advertise offers for which Members may earn additional Rewards or Benefits.
(g) If Focal Point Cinema cannot confirm that Rewards/Benefits were properly issued or obtained, it may refuse to record or honour the Rewards/Benefits used on a Member's account, or if already recorded, may cancel such Rewards/Benefits.
8.3 Redeeming Rewards/Benefits
Members can redeem Rewards/Benefits at the café/ticket office of a Participating Cinema by presenting their Membership Card to the cashier before completing the transaction.
Members cannot redeem Rewards/Benefits for special film events or with any other special offer, unless specified by Focal Point Cinema. The redemption of Rewards/Benefits is subject to session availability.
Redeeming a Free Movie Ticket:
A Free Movie Ticket Reward can be redeemed for all Traditional movie sessions at all Participating Cinemas. For online booking sessions, the regular $1.00 surcharge will apply.
8.4 Expiration of Rewards/Benefits and Promotions
Rewards/Benefits and Promotions will expire from the closing date on which they are issued to a Member. The expiration date of a Rewards/Benefits may be extended by Focal Point Cinema. If Focal Point Cinema is solely responsible for a Member being unable to redeem the Reward/Benefit or Promotion prior to expiry, you may be offered an extension on that particular Reward/Benefit or promotion (where applicable).
8.5 Program Partner/s
The Program may include offers to Members from time to time from third party entities other than Focal Point Cinema. Focal Point Cinema accepts no responsibility or liability whatsoever with regard any matter that may arise between the Member and any third party in relation to any offer that a third party has made through the Program.
8.6 Ad hoc Promotions
Members who have their Membership Card scanned or buy tickets online, may from time to time go into the draw of an ad-hoc competition. Entry into such competitions may be subject to separate terms & conditions of those competitions.
8.7 Ad hoc Offers
Members who have their Membership Card scanned or buy tickets online, may receive ad hoc discounts, offers and Benefits. Separate terms & conditions may apply to such offers.
8.8 Promotion prizes must be taken intact as offered and are not exchangeable or redeemable for cash. If the winner of a major prize is under 18, the prize will be awarded to that person's parent or guardian. If a prize is unavailable, Focal Point Cinema reserves the right to substitute a prize of equal or greater value.
Members may be eligible to attend special screenings only available to Members or available to Members at a discounted price. Members must have their Membership Card scanned as proof of Membership. Membership does not guarantee entry to these screenings.
9.2 Focal Point Cinema and its respective officers, agents, employees and related bodies corporate shall not be responsible for any loss caused by a failure of the www.focalpointcinema.co.nz website or for any problems or technical malfunctions in connection with telephone networks, telephone lines, computer online systems, servers, access providers, computer equipment, software or e-mail failures. In addition, Focal Point Cinema and its respective officers, agents, employees and related bodies corporate shall not be responsible for any loss caused by traffic congestion on the internet or at any website or any damage caused to any computer or related property resulting from a person’s participation in or activities in connection with the Program. Focal Point Cinema reserves the right to (but is not obliged to) cancel or suspend the Program should a virus, bug or any other event or matter beyond the reasonable control of Focal Point Cinema corrupt the security or proper administration of the Program.
10. MISUSE AND TERMINATION OF MEMBERSHIP
10.1 Focal Point Cinema reserves the right to terminate the Membership, including forfeiture of Rewards or Benefits, of any Member at any time without assigning any reason or giving any notice.
10.2 Fraud or abuse concerning Membership, Rewards and/or Benefits is subject to appropriate administrative and/or legal action by Focal Point Cinema.
10.3 Nothing in these Terms and Conditions shall limit Focal Point Cinema in the exercise of any legal or equitable rights and remedies it may have.
10.4 Subject to applicable laws, Focal Point Cinema will not be liable for any loss or damage whatsoever suffered by any Member as a result of any termination, suspension or cancellation of the Program or the Member's Membership.
11. LOCAL LAWS
11.1 The Program and a Member's entitlement to any Rewards or Benefits under the Program are subject to all laws applicable to Focal Point Cinema and to the Member which restrict, prohibit or limit the scope or extent of the Program or any such Rewards and Benefits.
12. GOVERNING LAW AND JURISDICATION
12.1 The Terms and Conditions of Membership of the Program are governed by and will be construed in accordance with the laws of New Zealand irrespective of where the application for Membership has been completed by the Member and submitted to the Program Operator. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions or Membership, the Member submits to the non-exclusive jurisdiction of the courts of New Zealand.
12.2 Nothing in these Terms and Conditions affects any rights a Member may have and which by law cannot be excluded, including under the New Zealand Fair Trading Act and Consumer Guarantees Act.
12.3 If part or all of any clause in these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.
12.4 Focal Point Cinema nor its officers, agents, employees or related bodies corporate make any representation or warranty as to the quality, suitability or merchantability of any goods or services offered as prizes. Focal Point Cinema will not be liable for any loss (including any indirect or consequential loss) or damage by reason of any act or omission, deliberate or negligent, of Focal Point Cinema in connection with the Program unless such liability may not be lawfully excluded, in which case liability will be limited to the greatest extent permitted by law.
Contact our General Manager if you would like details of the personal information Focal Point Cinema may hold. General Manager: 81 Manchester Street, Feilding, New Zealand 4122. Email: [email protected]