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VIVIFY TERMS OF USE

Summary

By hiring equipment from Vivify, you agree to our Terms and Conditions and Privacy Policy.  In particular, you agree to return hired Equipment immediately following your movie session, and to not remove the Equipment from the cinema.  You are liable to us for any theft or loss of, or damage to the Equipment, and must not use the Equipment if you have a health condition which may be affected by the use of the Equipment.

1    Application of terms

1.1    These Terms apply to your use of the Website.  By accessing and using the Website or Services:

a.    you agree to these Terms; and

b.    where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

1.2    Children under the age of 18 may not access or use the Website or Services.  Parents, guardians or caregivers may access or use the Website or Services on behalf of their children.

1.3    If you do not agree to these Terms, you are not authorised to access and use the Website or Services, and you must immediately stop doing so. 

 

2    Changes

2.1    We may change these Terms at any time by updating them on the Website.  Unless stated otherwise, any change takes effect immediately.  You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.

2.2    We may change, suspend, discontinue, or restrict access to, the Website or Services without notice or liability.

2.3    These Terms were last updated on 14/05/2019.  

3    Definitions

In these Terms:

Cinemas means participating cinemas who are Vivify customers

Equipment means the closed-caption equipment, or any other equipment supplied by us

Fees means the applicable fees set out on our Website or as agreed otherwise in writing between you and us, as may be updated from time to time in accordance with clause 4.6.

Force Majeure means an event that is beyond the reasonable control of a party, excluding:

  • an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care; or

  • a lack of funds for any reason.

 

including and similar words do not imply any limit

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

personal information means information about an identifiable, living person

Services means the short-term rental of Equipment at Cinemas

Terms means these terms and conditions titled Terms of Use

Underlying System means any network, system, software, data or material that underlies or is connected to the Website

User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website

We, us or our means Vivify Limited

Website means www.vivify.co.nz

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

 

4    Your obligations

 

4.1    You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

4.2    If you are given a User ID, you must keep your User ID secure and:

 

a.    not permit any other person to use your User ID, including not disclosing or providing it to any other person;

b.    not impersonate someone else or claim their identity; and

c.    immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to support@vivify.co.nz.

 

4.3    You must:

a.    not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and

b.    unless with our agreement, access the Website via standard web browsers only and not by any other method.  Other methods include hacking, scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

4.4    You must obtain our written permission to establish a link to our Website.  If you wish to do so, email your request to support@vivify.co.nz.

4.5    You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.

4.6    You must pay us the Fees.  The Fees exclude GST, which you must pay on taxable supplies.  We may increase the Fees at any time by updated the Fees page on the Website, and correct Fee errors that may inadvertently occur.

 

5    Intellectual property

 

5.1    We (and our licensors) own all proprietary and intellectual property rights in the Website and Services (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

5.2    All content referring to listed movies and Cinemas belongs to their corresponding companies, distributors, or studios.

5.3    Equipment or Services obtained from the Website may not be re-sold, on-supplied, or transferred for commercial, consumer, or promotional purposes.

5.4    No content may be reproduced, published, or transmitted without our prior written consent. Any infringement of our intellectual property, trade mark or copyright, may result in civil and/or criminal penalties.

5.5    In the case of a claim against Vivify for copyright infringement, we will review and remove any content which is in violation of the relevant copyright laws.

6    Disclaimers

6.1    Vivify provides its Website and Services on an “as-is” basis, with no guarantee or warranty of any kind, either express, or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose.

6.2    We give our best effort to ensure all information is accurate, but Vivify will not accept liability for any information that may be inaccurate.

6.3    To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

a.    the Website being unavailable (in whole or in part) or performing slowly;

b.    any error in, or omission from, any information made available through the Website;

c.    any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website.  To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and

d.    any site linked from the Website.  Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

6.4    We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries.  You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

7    Services

7.1    By accessing the Services to rent the Equipment, you agree:

a.    to return the Equipment to the Cinema staff immediately at the end of the relevant movie session that the Equipment was hired for, but in any event no later than 4 hours following the beginning of the relevant movie session;

b.    at all times you must not remove the Equipment from the Cinema;

c.    to only use the Equipment for its intended purpose of viewing subtitles at the Cinema;

d.    that you will not use the Equipment if you have a health condition that may be affected by the use of the Equipment (including, without limitation, a history of photosensitive epilepsy or any other nerve condition sensitive to flickering light, or a heart condition) and that we have no responsibility to you in the event of any health issues that occur during your hire of the Equipment;

e.    that you will immediately stop using the Equipment should you experience any disorientation, involuntary movements such as eye twitching and muscle twitching, dizziness or nausea;

f.    the Equipment is hired to you at your own risk with respect to loss or damage to the Equipment, and you accept that you may be liable to us for the loss or damage of our Equipment;

g.    to reimburse us for the replacement cost of the Equipment if any act or omission by you results in theft or loss of, or damage to the Equipment;

7.2    Vivify reserves the right to terminate the Services (including Equipment rental) and these Terms, and to take immediate possession of the Equipment if you fail to comply with this clause 7.1 or these Terms generally.

7.3    The Website may contain Cinema information including information on movies with closed-captions that are correct at the time of posting. However, this infromation is subject to change and despite our resonable effrots we are not responsible to you for the accuracy of this information.

 

 

8    Liability

 

8.1    To the maximum extent permitted by law:

a.    you access and use the Website and Services at your own risk; and

b.    we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, the Services, the Equipment, or your access and use of (or inability to access or use) the Website.  This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

8.2    Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.  To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.

8.3    To the maximum extent permitted by law and only to the extent clauses 8.1 and 8.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, the Services or the Equipment, or your access and use of (or inability to access or use) the Website, must not exceed NZD100.

9    Privacy policy

9.1    You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you.  For example, we may need to have your contact information in order to provide you with updates from our Website. 

9.2    When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993 and our Privacy Policy.

9.3    We may also collect technical information whenever you log on to, or visit the public version of, our Website.  This may include information about the way users arrive at, browse through and interact with our Website.  We may collect this type of technical information through the use of cookies and other means.  Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognise your browser.  If you want to disable cookies, you may do so by changing the settings on your browser.  However, if you do so, you may not be able to use all of the functions on the Website.  We use the technical information we collect to have a better understanding of the way people use our Website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs.  We may also use this information to assist in making any advertising we display on the Website more personalised and applicable to your interests.

 

9.4    You have the right to request access to and correction of any of the personal information we hold about you.  If you would like to exercise these rights, please email us at support@vivify.co.nz.

10    Suspension and termination

 

10.1    Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

10.2    On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

11 General

11.1    If we need to contact you, we may do so by email or by posting a notice on the Website.  You agree that this satisfies all legal requirements in relation to written communications.

11.2    These Terms, and any dispute relating to these Terms, the Website or Services, are governed by and must be interpreted in accordance with the laws of New Zealand.  Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms, the Website or Services.

11.3    For us to waive a right under these Terms, the waiver must be in writing.

11.4    We are not liable to you for any failure to perform its obligations under these Terms to the extent caused by Force Majeure.

11.5    Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 8, 11.1, continue in force.

11.6    If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity.  If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms.  The remainder of these Terms will be binding on you.

11.7    These Terms set out everything agreed by the parties relating to your use of the Website and Services and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms.  The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms. 

11.8    If you have a complaint or require our support, please do not hesitate to contact us by emailing support@vivify.co.nz.