Important Legal Notice
This page sets out the terms and conditions (“Website Terms”) on which we, Openaire Cinema (“we”, “our” or Openaire Cinema) provide access to our website – through which you make bookings to third party (together, “the Website”). Please read these Website Terms carefully before making any bookings through, the Website. By making bookings through the Website (whether now or in the future), you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms.
We reserve the right to change these Website Terms from time to time by changing them on this page.
These Website Terms are only available in the English language.
By accessing any part of the Website, you indicate that you accept these Website Terms. You should leave the Website immediately if you do not accept and you will not be able to make bookings through the Website.
Terms and Conditions of Use and Sale
3.1 Capacity and Age: By making an order through the Website, you warrant that:
3.1.1 You are legally capable of entering into a binding contract with Third Parties; and
3.1.2 You are at least 18 years old.
7.1. Terms of Permitted Use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis: 7.1.1. You must not misuse the Website (including by hacking or ‘scraping’).
7.1.2. Unless otherwise stated, the copyright another intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with paragraph 7.1 is prohibited.
7.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs, or any other graphics, video or audio sequences separately from any accompanying text.
7.1.4. You must ensure that our status as the author of the material on the Website is always acknowledged.
7.1.5. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.
7.2. Limitation on Use: Excepted as stated in paragraph 7.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.
7.3. Reservation of Rights: Any rights not expressly granted in these Website Terms are reserved.
9.1 General:
9.1.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you post, upload or transmit to the Website (including without limitation Reviews) (“Visitor Material”) will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
9.1.2 You represent and warrant that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.
9.2 Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:
9.2.1. breaches any applicable local, national or international law;
9.2.2. is unlawful or fraudulent;
9.2.3. amounts to unauthorised advertising; or
9.2.4. contains viruses or any other harmful programmes
9.3 Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not:
9.3.1 contain any defamatory, obscene or offensive material;
9.3.2 promote violence or discrimination;
9.3.3 infringe the intellectual property rights of another person;
9.3.4 breach any legal duty owed to a third party (such as a duty of confidence);
9.3.5 promote illegal activity or invade another’s privacy;
9.3.6 give the impression that they originate from us; or
9.3.7 be used to impersonate another person or to misinterpret your affiliation with another person
9.4 Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above, otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
9.5 Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
9.6 Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Third Party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.
9.7 Disclosure to Authorities and Courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
10.1 Third Party Websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
10.2 Linking Permission: You may link to the Website’s homepage () provided that:
10.2.1 you do so in a fair and legal way which does not damage or take advantage of our reputation;
10.2.2 you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
10.2.3 any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 9 (Visitor Materials and Reviews));
10.2.4 we have the right to withdraw linking permission at any time and for any reason.
11.1 Website Information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the functionality, Products and prices on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.
11.2 Third Party Actions and Omissions: The legal contract for the supply and purchase of Products and services is between you and the Third Party that you place your Order or booking with. We have no control over the actions or omissions of any Third Parties. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:
11.2.1 We do not give any undertaking that the services ordered from any Third Party through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
11.2.2 We encourage all our Third Parties to accept all our Orders and to communicate any rejection promptly. However, we do not guarantee that Third Parties will accept and fulfil all Orders, and Third Parties have the discretion to reject Orders at any time because they are too busy, if you fail to provide proof of age for purchases for alcohol, cigarettes or other smoking products when required, due to weather conditions or for any other reason.
11.2.3 The foregoing disclaimers do not affect your statutory rights against any Third Party.
11.3 Exclusion of Terms: We provide you with access to and use of the Website on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website and your use of it, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise).
12.1 General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
12.2 Exclusion of Liability: Subject to clause 12.1, we will under no circumstance whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:
12.2.1 any loss of profits, sales, business, or revenue;
12.2.2 loss of corruption of data, information or software;
12.2.3 loss of business opportunity;
12.2.4 loss of anticipated savings;
12.2.5 loss of goodwill; or
12.2.6 any indirect or consequential loss.
12.3 Limitation of Liability: Subject to clauses 11, 12.1 and 12.2, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or £100, whichever is lower.
12.4 Additional Costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, licence or otherwise use.
13.1 Grounds for Termination: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
13.1.1 you have used the Website in breach of paragraph 7.1 (Licence);
13.1.2 you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews);
13.1.3 you have breached paragraph 10.2 (Links to and from other websites); or
13.1.4 you have breached any other material terms of these Website Terms.
13.2 Obligations upon Termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or making bookings via the Website, we accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purpose, our agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control (“Force Majeure Event”).
15.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1 strikes, lock-outs or other industrial action;
15.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation of war;
15.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5 impossibility of the use of public or private telecommunications network; and
15.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
16.1 Privacy Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy.
16.2 Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16.3 Entire Agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
16.4 No Waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
16.5 Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
16.6 Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
17.1 These Website Terms shall be governed by and construed in accordance with English law. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.