Terms & Conditions

This Site

The Media Resource Centre Inc. (ABN 57 865 211 307) (the Company) operates the Mercury Cinema as a product and this Site and these Terms of Use (including the Conditions of Sale) govern your use of this Site. In these Terms of Use the Cinema includes both the Mercury and Iris Theatres located at 13 Morphett Street, Adelaide.

Use of this Site

By accessing this Site, irrespective of the method or platform by which you access and use this Site, you irrevocably agree to be bound by these Terms of Use including the Conditions of Sale.

Children under the age of 16 may not purchase any product or service from this Site and must obtain the permission and assistance of their parent or guardian to do this. You warrant that your use of this Site complies with all applicable laws and these Terms of Use and you unconditionally indemnify the Company for any breach of this. The Company reserves the right to deny access to this Site for any conduct that in its discretion it believes is unlawful or breaches these Terms of Use.

In using this Site, you must not:

Disrupt the operation or security of this Site or any accounts, servers, or networks connected or accessible through this Site;
Use this Site in a way that may harass, annoy or disrupt any third person, including a third person who may receive messages as a result of your use of this Site;
Submit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any material constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise breaches any applicable law;
Submit any material of any kind which infringes the rights of any other person, including material which is an invasion of any privacy rights, which is protected by copyright, trade mark or any other intellectual property right without first obtaining the permission of the owner or relevant right holder;
Submit any material of any kind which contains a virus or other harmful component;
Delete any author attribution, legal notices, or proprietary designations or labels in any material that is submitted;
Modify or delete any content on this Site or add any content to this Site; or
Attempt to gain unauthorised access to any part of this Site.
The Company reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which breach any applicable or relevant law.

Conditions of Sale

If you purchase any product or service through this Site, you agree to be bound by the Company’s conditions of sale.

Privacy Policy

The Company respects your right to privacy and has policies and procedures in place to ensure that all personal information collected by the Company is handled sensitively, securely and in accordance with regulatory requirements. By using this Site or by purchasing any products or services from this Site, or by submitting any information to this Site, you agree to the collection and use by the Company of your personal information in accordance with the Company’s Privacy Policy.

Member Programs

The Company has a number of member programs and clubs including Cinémathèque which you may choose to join. By joining any of these member programs or clubs you agree that you have reviewed and are bound by the applicable terms and conditions of each program and club.

Competitions

From time to time, the Company will run competitions on this Site and you agree to review and be bound by the terms and conditions of each competition you enter.

Advertising and Other Links

This Site may contain links to third party controlled websites (Linked Websites) including for advertising which unless expressly stated on those Linked Websites are not controlled by the Company. The Company is not responsible for the content, nor does the Company warrant the accuracy of the content on Linked Websites and you agree that your use of Linked Websites and the content contained is entirely at your own risk. You also agree that the Company is not liable or responsible for any goods or services provided by third parties that operate Linked Websites.

Discount Vouchers and other Promotional Offers

From time to time, discount vouchers and other promotional offers (Offers) may be available on this Site. You acknowledge that these may not be able to be used at all times and your use of these Offers is subject to availability of the goods or services offered as well as any other additional conditions attached to the Offers.

Session Times and Details

This Site contains movie session times and details for the Cinema which are regularly updated and subject to change and may change from time to time. The Company does not guarantee the accuracy of the movie session times and details but will use its reasonable efforts to keep the details accurate.

Cinema Complex Information

This Site may contain Cinema complex information such as Cinema trading hours and availability of parking which the Company understands is correct at the time of posting however is subject to change. The Company does not guarantee the accuracy of the Cinema complex information but will use its reasonable efforts to keep the details accurate.

Intellectual Property Rights

As between you and the Company, you agree that all intellectual property rights (including trade marks, logos, brands, graphics, images, text, software, computer programs, film clips, videos and other media) displayed on or relating to this Site are owned by the Company (or its licensors, sponsors, suppliers or related bodies corporate) and other than as expressly permitted by the Company you agree to not copy, edit, reproduce, transmit or modify any of the content contained on this Site. To the extent that you download or stream any content from this Site you may only do so for your personal and non-commercial use. You must not create a hyperlink to this Site unless the Company provides its express permission in writing.

Material You Upload onto Site

For any material you upload onto this Site or submit to the Company through this Site including on forums or participation in competitions or film reviews, you warrant that you are the owner of this material or have obtained all necessary licences to use this material and that your use of this material complies with all applicable laws, for instance the material will not defame or vilify any person. You grant the Company a perpetual, irrevocable and royalty free licence to use this material for the purposes it was provided to the Company and consent to any acts by the Company which would otherwise be an infringement of your moral rights.

Severability

If any part of these Terms of Use is held to be illegal or unenforceable by a court of law, you agree to allow the Company to amend that part to the minimum extent necessary to make that part legal and enforceable. If that is not possible, that part will be severed from the Terms of Use with all other parts remaining in full force and effect.

Supply of Alcohol

The Mercury Cinema is licensed to serve alcoholic beverages. The Company supports the responsible service of alcohol. The Company reserves the right to check the identification of any customer who wishes to purchase alcoholic beverages at the Cinemas.

Limitation of Liability

You acknowledge and agree that unless required by law, and without limiting the Australian Consumer Law or the Consumer Guarantees, this Site and its content is provided “as is” without warranties of any kind, express or implied. You also acknowledge that you use this Site and the material contained on this Site at your own risk and to the extent permitted by law, you agree that the Company (including its related bodies corporate and affiliates), its directors, officers, employees and agents exclude all liability to you or any other person including for any consequential loss or damage including indirect, incidental or special damages, or loss of business or profits, which results from your use or access of this Site and the material contained on it.

Amendment

The Company may amend these Terms of Use including the Conditions of Sale from time to time in its absolute discretion and you agree to be bound by that variation from when it appears on this Site. You understand and agree that if you use the Site after the date on which the Terms of Use have changed, the Company will treat your use as acceptance of the updated Terms of Use.

Governing Law

The Terms of Use are governed by the laws of South Australia, Australia and you submit to the exclusive jurisdiction of the courts of South Australia, Australia.

Complaints and Dispute Resolution

If you have a complaint about these Terms of Use including the Conditions of Sale, please contact us at info@mrc.org.au