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Terms and Conditions

The Movie Card eftpos Prepaid Gift Card Conditions of Use (Terms & Conditions)

Definitions  

Card means The Movie Card.

Card Number means the number that appears on the back of your Card.

PIN means the 4-digit Access PIN printed on the back of your Card.  

This Card is issued by EML Payment Solutions Limited ABN 30 131 436 532, AFSL 404131 (‘we/us/our’). In these conditions ‘you’ are the Card purchaser or user. EML Payment Solutions Limited (“EPSL”) is the issuer of the Card and authorises The Movie Card Pty Ltd ABN 23 621 449 769 to distribute the Card. If you acquire the Card you will have a contract with us.

  1. Using the Card, you agree to be bound by these Terms and Conditions. You must give these conditions to the user of the Card if that is not you. The Card remains our property.
  2. This Card is an eftpos prepaid gift card that can be used for electronic transactions, to purchase goods and services at participating retailers listed on The Movie Card website. The Card will be activated upon purchase at point of sale. The card is valid from the date of activation.Based on variations of applicable state laws, the expiry period for your card may vary. The relevant expiry period is printed on the back of your card and you can also check the remaining period of use and the card balance at http://ec2-54-79-116-59.ap-southeast-2.compute.amazonaws.com/check-your-balance/. It is your responsibility to record the date of purchase of the Card. The Card is not a credit card and nor is it linked to a deposit account with us.
  3. Each participating retailer will accept the Card in accordance with these Terms & Conditions and any applicable law and subject always to the individual trading terms of each participating retailer.
  4. We are not liable for the goods or services you purchase with our Card. Any purchase made with a participating retailer constitutes a transaction between you as the holder of the Card and the relevant retailer. You acknowledge and agree that we are not a party to that transaction, and is not in any way responsible or liable in relation to that transaction. Any dispute about goods or services purchased with a Card must be resolved with the retailer. If you think there has been an incorrectly processed transaction on your Card please contact the retailer where the transaction took place. We are unable to reverse transactions approved or processed by any retailer.
  5. The Card cannot be used to make transactions that exceed the available balance. For such a transaction you need to pay the difference by another method if the merchant agrees.
  6. This Card is not reloadable. To check the card balance, card expiry and full conditions of use, go to www.themoviecard.com.au. For balance enquiries, you will be required to enter both the Card Number and Access PIN on your Card prior to getting access to the card information. The card cannot be used after expiry. At expiry, the remaining available balance will be forfeited. We will not give you any notice before this happens.
  7. The Card cannot be used to obtain or redeem cash and cannot be used for making direct debit, recurring, or regular instalment payments. Authorisations may be declined at some merchants (such as gambling merchants or merchants who choose not to accept prepaid cards). We are not liable in any way when an authorisation is declined for any particular transaction except where the authorisation has been declined because of an act or omission on our part.
  8. You acknowledge that we may allow access to the services offered on this site to anyone who enters a valid Card number and 4-digit PIN. Your PIN is simply our way of identifying you. It does not offer you any protection or security if your Card is lost, stolen or damaged. Remember to treat your Card like cash. You are solely responsible for any loss caused by use of your Card and PIN by you or any other person, including any use not approved or contemplated by youee Your Card will not be replaced if misused, lost, stolen or damaged. If you notice any error or suspect any unauthorised use relating to the Card, you should notify The Movie Card immediately on 1300 395 762 during business hours or alternatively you can send an email to info@ec2-54-79-116-59.ap-southeast-2.compute.amazonaws.com.
  9. You are encouraged to make your own enquiries by contacting individual cinemas for up to date information. It should be understood that the inclusion of any cinema or product on out website does not mean that the publisher warrants in any way that your requirements will be satisfied.
  10. If you have a problem with a purchase made with the Card, or a dispute with a merchant, you must deal directly with the merchant involved. If you cannot resolve the dispute with the merchant, you can contact The Movie Card on 1300 395 762 during business hours or alternatively you can send an email to info@ec2-54-79-116-59.ap-southeast-2.compute.amazonaws.com.
  11. Any refunds on Card transactions are subject to the policy of the specific merchant. If the Card expires or is revoked before you have spent any funds resulting from a refund (whether or not the original transaction being refunded was made using the Card) then you will have no access to those funds.
  12. The Cards are available for purchase from specific authorised retailers listed on The Movie Card website. We cannot guarantee the validity of any Card purchased from any other retailer including any auction website or discount website who is not listed as one of our certified retailers. Any Card not purchased from a certified retailer may be fake or counterfeit or associated with fraudulent activity. We will not be liable to you or any other person for any loss arising from any purchase of our Cards from a retailer who is not listed as a certified seller.
  13. We may restrict or stop the use of the Card if suspicious activities are noticed.
  14. If you wish to make a complaint about your Card you can send an email to support@emerchants.com.au .
  15. You are responsible for checking your transaction history online and knowing your available balance, which can be checked at www.themoviecard.com.au.
  16. Information will be disclosed to third parties about the Card, or transactions made with the Card, whenever allowed by law, and also where necessary to operate the Card and process transactions. A full privacy policy can be viewed at www.themoviecard.com.au.
  17. At any time we may add or remove participating retailers and/or where the Card may be redeemed and/or add or remove goods or services which may be purchased with the Card.
  18. We reserve the right to change these Terms and Conditions at any time. Any changes to the Terms and Conditions can be viewed at www.themoviecard.com.au.
  19. These Terms are to be construed and enforced in accordance with the laws of NSW, Australia. Any dispute arising from your receipt or use of a Card is exclusively subject to the jurisdiction of the courts of NSW, Australia.

Website Terms and Conditions of Use

The Movie Card website, www.themoviecard.com.au (the “Website”) is owned and operated by The Movie Card Pty Ltd (ABN 23 621 449 769) (“TMC”, “we”, “us”, “our”). The following are the terms and conditions governing your use of the Website (“Terms and Conditions”).

A reference to “Terms and Conditions” also includes our Privacy Policy and any other conditions or requirements contained within this Website. 

By using the Website you accept these Terms and Conditions by accessing or using any part of the Website after you have first accessed a page providing a link to them.  If you do not accept these Terms and Conditions, you will need to exit this Website immediately.

You acknowledge and accept these Terms and Conditions (which may be varied) each time you or any other person accesses on your behalf, any part of this Website, regardless of the means by which the Website is accessed, and whether such access is authorised or not.

These Terms and Conditions are in addition to any terms that apply to the use of any Card purchased from or issued by TMC or to any related services.

Use of this Website – You are responsible for the use of this Website by anyone who uses it in connection with your Card. You fully indemnify us in respect of all use of this Website by you, with your consent or in connection with your Card, except to the extent that we have expressly authorised that use.

Promotions and Competitions – For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms and Conditions, those terms and conditions will prevail.

Collection of Personal Information – We collect personal information about you in order to respond to your enquiries and to provide customer service functions to you and for purposes otherwise set out in our Privacy Policy at themoviecard.com.au. We may disclose that information to third parties that help us deliver our services (including IT suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services and products to you. Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at info@ec2-54-79-116-59.ap-southeast-2.compute.amazonaws.com. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms and Conditions.

Intellectual Property – The Website and its contents are subject to copyright, trademark and other intellectual property laws. The intellectual property is owned or controlled by TMC or, in the case of some material, third parties, including third party cinemas. You may view this Website and its contents using your web browser and make a reasonable number of copies of parts of this Website solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, republication, display or communication, of any site content is strictly prohibited.

Trade Marks – This Website contains registered trade marks and other trade marks that are protected by law. Except as expressly authorised by us in writing, the use of any of these trade marks, whether owned by us or authorised to be used by us, is strictly prohibited and no implied licence is authorised.

Third Party SitesThe Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, TMC does not control, endorse, sponsor or approve any such third party websites or their content nor do we provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.

Disclaimer – To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the content on this Website, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error or typo free or free from viruses, or that this Website will be secure. We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Liability Limited – Except to the extent required by law, including the Australian Consumer Law, neither TMC nor its related companies, affiliates, directors, officers, employees, agents, service providers, other contractors, successors or assigns will be liable for any losses, damages, liabilities, claims or expenses (including legal costs and defence or settlement costs) whatsoever, whether in contract, tort (including negligence), statute or otherwise, arising out of, or in any way related to, the use of this Website or any site linked to it. This limitation applies to all direct, indirect, consequential, special, punitive or other losses, damages, liabilities, claims or expenses you or others may suffer, including for loss of profits, business interruption or loss or corruption of data or information. Our liability for a breach of a condition or warranty which is implied by law and cannot be excluded is limited, to the maximum extent possible, to one of the following at TMC’s option: the supply of the goods or services again; or the payment of the cost of having the services supplied again or repaired.  

Hacking – You will not hack into, change or otherwise interfere with the operation of this Website or any information contained within it.

Jurisdiction – This Website is provided for use by Australian residents only. Your use of this site is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.

This Website may be accessed throughout Australia and overseas. Without limiting the above disclaimer, TMC makes no representations that the content of this site complies with the laws, including intellectual property laws, of any country outside Australia. You access this site from outside Australia at your own risk and are responsible for complying with the laws in any place where you access the site or where anything you publish or upload can be accessed.

Variations to these Terms and Conditions – These are our current Terms and Conditions. We may at any time vary these Terms and Conditions by publishing the varied terms and conditions on this Website. Where appropriate we will provide a period of notice that we reasonably consider that appropriate to a particular change.

PRIVACY POLICY

  • The Movie Card Pty Ltd (Australian Company Number (ACN) 621 449 769) is committed to protecting and respecting your privacy.
  • This policy (together with our Terms and Conditions of Use and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
  • Information collection 
    • In order to provide a better service to you, we may collect and process the following data about you:
      • information that you provide by filling in forms on our site www.themoviecard.com.au (“our site“). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information at other times, for example in connection with a promotion or when you report a problem with our site;
      • if you contact us, we may keep a record of that correspondence;
      • we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;
      • details of your visits to our site and the resources that you access.
      • none
    • We only retain personal data for so long as it is necessary. Data may be archived as long as the purpose for which the data was used still exists.
  • Uses made of the information 
    • The purposes for which information may be used by us include:
      • ensuring that content from our site is presented in the most effective manner for you and for your computer;
      • providing you with alerts, newsletter, education materials or information that you requested or signed up to;
      • carrying out our obligations arising from any contracts entered into between you and us;
      • allowing you to participate in interactive features of our service, when you choose to do so;
      • designing and conducting surveys/questionnaires for client profiling/segmentation, statistical analysis, improving and furthering the provision our products and services;
      • complying with laws and regulations applicable to us or any of our affiliates in or outside Australia;
      • legal proceedings, including collecting overdue amounts and seeking professional advices;
      • researching, designing and launching services or products including seminars/events/forums;
      • To answer enquiries; or
      • purposes directly related or incidental to the above.
    • We intend to use your data in direct marketing and we require your consent (which includes an indication of no objection) for that purpose. By using our site, unless you tell us otherwise, you agree that:
      • your name, contact details (including address, contact number, email address), products and services information, transaction pattern and behaviour, background and demographic data held by us from time to time may be used by us in direct marketing;
      • the following classes of services, products and subjects may be marketed to you:
        • services and products related to our site and/or our affiliates (including marketing affiliates programs we are a part of);
        • reward, loyalty or privileges programmes, promotional offers and related services; and
        • invitations to events such as seminars/webinars/tele-seminars, conferences, live programs or events.
      • We may conduct direct marketing via fax, email, direct mail, telephone and other means of communication or send e-newsletters to you. You may choose not to receive promotional materials, by simply telling us (see below for contact details), and we will cease to do so, without charge.
  • Disclosure of your information 
    • We will keep the personal data we hold confidential but may provide information to:
      • personnel, agents, advisers, auditors, contractors, financial institutions, and service providers in connection with our operations or services;
      • our offices, affiliates, business partners and counterparts (if any);
      • persons under a duty of confidentiality to us;
      • persons to whom we are required to make disclosure under applicable laws and regulations in or outside Australia; or
      • actual or proposed transferees or participants of our services in or outside Australia.
  • Cookies 
    • Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.
    • A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive.
    • We use the following cookies: 
      • Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services. 
    • Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
    • We may use the following third party web analytic services on the website. The service providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyse how visitors use the website. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to evaluate use of the website. These analytic services may use the data collected to contextualise and personalise the marketing materials of their own advertising network.
    • Google Analytics
    • Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google’s ability to use and share information collected by Google Analytics is in accordance with their policies: http://www.google.com/policies/privacy/partners/
    • You can prevent Google’s collection and processing of data by using the Google Ads Settings page or downloading and installing their browser plug-in (https://tools.google.com/dlpage/gaoptout).
    • You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site. 
  • Security 
    • All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
    • Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
  • Changes to our privacy policy
    • Any changes we may make to our privacy policy in the future will be posted on this page.
  • Data transfers
    • We may hold your data on servers in Australia and any other territories as we see fit from time to time. We may also transfer your data to our overseas offices or to any people listed at Clause 3 above, who may be located in or outside of Australia, including None.
  • Your consent and rights
    • By using our service, making an application or visiting our website, you consent to the collection and use of your information and other activities as outlined in this policy.
    • Under the Privacy Act (the “Act“), individuals have the right:
      • to check whether we hold personal data about you and to access such data;
      • to require us to correct as soon as reasonably practicable any data relating to you that is inaccurate;
      • to ascertain our policies and practices in relation to personal data and the kind of personal data held by us; and
      • to withdraw your consent to the use of your personal data for marketing purposes and we shall not use your personal data for marketing purposes after you communicate your withdrawal of consent to us.
    • You may exercise your opt-out right by notifying us if you wish to withdraw your consent to the use of your personal data for direct marketing purposes. Please send requests to opt-out and for access to data, correction of data, information regarding policies and practices and kinds of data held, questions or complaints to:
    • The Movie Card Pty Ltd
      info@ec2-54-79-116-59.ap-southeast-2.compute.amazonaws.com
    • In accordance with the Act, we have the right to and may charge a reasonable fee for processing any data access request.
  • Last updated: 22 November 2017