Definitions The Company, we and us means The Birks Cinema Ltd. Compatible Devices means a device compatible with the Platform as listed in these terms. “Birks Streaming Member” means a person that has supplied the requisite information and accepted membership of the Platform and Membership has a corresponding meaning. Birks Streaming Member Account means an account held by a Member with The Company for the purposes of renting Platform Content through the Platform. Platform Content means a film or TV series or an episode of a TV series or any other product or content provided by us for buying or renting through the Platform. Platform means the digital content platform provided by us (and/or by our third party service providers on our behalf) and includes all pages of and all information, material, text, graphics and facilities on the Platform. Rental Content means Platform Content which has been rented by a Member and is available for viewing for a specific time period.
Acceptance of Terms These terms form the basis on which you agree to use The Company’s Platform to buy or rent our films and TV series. These terms represent a legally binding agreement between you and The Company. By using the Platform (which includes accessing the Platform, creating an account, and/or buying or renting any Platform Content), you accept these terms and agree to abide by them. If you need to contact us about the Platform, you can do so by contacting us through our About Us page. We reserve the right to change these terms. If we do so, then prior to any subsequent purchase of any Platform Content, you will receive an email notifying you of the updated terms to the email address you provided when creating your account.
Use of the Platform The Platform permits you to rent our Platform Content for your personal use in accordance with these terms, including any terms specific to particular Platform Content. To buy or rent Platform Content you must be 16 years or older and located in a territory where the particular Platform Content is authorised to be available. You agree not to use or attempt to use the Platform from outside this territory. We may use geo-filtering / geo-blocking technologies to verify your compliance and prevent access outside this territory. You are responsible for ensuring that all persons who access the Platform through your internet connection are aware of these terms and that they comply with them.
Technology Requirements You are responsible for making all arrangements necessary for you to access the Platform including ensuring you employ technology capable of utilising the Platform. Use of the Platform requires Compatible Devices, certain software (fees may apply) and internet access. Use of the Platform may be affected by the performance of these factors and these requirements are subject to change at any time. We will use reasonable endeavours to give you notice of any changes.
Compatible Devices and Software The system requirements are detailed in the Help page.You acknowledge that the Platform may not work on all Compatible Devices set out above, particularly older devices, browsers and/or operating systems. High-speed internet access is strongly recommended.
Purchase and Payment To use the Platform you must become a Member and you must agree to these terms. The fees to rent Platform Content are specified on the Platform and will be indicated to you before you confirm payment. Fees are subject to change from time to time without notice. Once you have submitted your order for the purchase or rental of any Platform Content you will not be able to cancel your order. Payment processing for buying or renting Platform Content is handled by a third party payment gateway provider. When buying or renting Platform Content you will need to enter your credit card details into the payment system before you are able to view the Platform Content. All payments via this system are processed using SSL (Secure Socket Layer) protocol, where sensitive information is encrypted to protect your privacy. If you suspect there has been a fraudulent credit card transaction recorded in respect of the Platform you must contact The Company directly to resolve your complaint. The Company will cooperate with the third party payment gateway to provide reasonable assistance in resolving any complaint. The Company accepts no liability for any losses you may incur as a result of any breach of terms either by yourself or by our third party payment provider and if you have any complaints regarding the payment process you need to raise these with The Company directly.
Member Accounts Some important details about your Member Account: ● Don’t reveal your account information to anyone else; ● You are solely responsible for maintaining the confidentiality and security of your Member Account and for all activities that occur on or through your Member Account; ● You agree to immediately notify The Company of any security breach of your Member Account; ● The Company shall not be responsible for any losses arising out of the unauthorised use of your Member Account; ● If you create a Member Account and/or use the Platform on someone else’s behalf, you warrant that you have that person’s authority to do so. You also accept all liability and the consequences for any breaches of these terms resulting from any unauthorised activity you conduct. You shall not access or attempt to access a Member Account that you are not authorised to access. You agree to provide accurate and complete information when you become a Member, and as you use, the Platform and you agree to update such information to keep it accurate and complete.
Renting Platform Content Platform Content is available to Members to rent for streaming via the Platform. Platform Content is only available within the territories in which the particular Platform Content is authorised to be available. The Platform Content will be available to you to start viewing on Compatible Devices upon successful payment for the Platform Content and subject to the speed of your internet connection and as follows:
● Rental Content will be available for you to view immediately from payment of the rental fee for the period of time specified on the Platform. ● You may pause and rewind the Rental Content. Stopping, pausing, or restarting Rental Content does not extend the available time for viewing. You may discontinue your viewing and resume later. ● Rental Content may be viewed for an unlimited number of times during the rental period.
Platform Service and Availability We may modify, suspend, or discontinue the Platform or any Platform Content at any time with or without notice to you. We will not be liable for any unavailability of the Platform or of any Platform Content if you have breached any of these terms or for any unavailability beyond our control. If you have paid for Platform Content but we have failed to make it available to you, then our liability for any such unavailability will be limited to the purchase price for that Platform Content. You acknowledge that not all of our film and television programmes listed on our website are available for purchase nor will they become so in future.
Rules of Use You shall use the Platform and the Platform Content strictly in accordance with these terms. You will be authorised to use Platform Content only for personal, non-commercial use. You may not make any Platform Content available for any commercial purpose, educational purpose or any other purpose not expressly authorised in these terms. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to the Platform and the Platform Content for any reason, or to interfere with, remove or alter any digital rights management information on the Platform or the Platform Content, or to attempt or assist another person to do so. You must not abuse or misuse the Platform by attempting to compromise the service by employing technologically harmful means or material. You will not use the Platform for any purpose which is unlawful, not authorised by us or otherwise conflicts with these terms. Your use of the Platform may be monitored and controlled by The Company or its service provider for compliance purposes at any time.
Third Party Material Some information contained in the Platform may link you to sites that are not owned or under the control of The Company. The Company assumes no responsibility or liability for the content of those sites or otherwise for any third party material that may feature on the Platform.
Objectionable Material We aim to include UK rating information when available for all Platform Content. You may personally consider some Platform Content to contain offensive, indecent, or objectionable content and some Platform Content may also contain explicit material. Subject to applicable censorship laws the Platform provides Platform Content at your sole risk and The Company shall have no liability to you for material that you may consider to be offensive, indecent, or objectionable. Some Platform Content may be sold on an age restricted basis. It may be unlawful for you to knowingly purchase some Platform Content if you don’t meet the minimum age requirement. In purchasing Platform Content we rely on your agreement that you are old enough to legally purchase the particular Platform Content. If we have reasonable grounds to believe you are not old enough then we may cancel your Membership.
Intellectual Property The Platform and the Platform Content contain information and material that is owned by The Company and/or its licensors and/or service providers, and is protected by applicable intellectual property and other laws, including those relating to copyright. The Company reserves for itself and such third parties all such rights in all jurisdictions throughout the World. You must not (and must not permit others to) authorise or assist any other person to remove or interfere with any copyright notices contained in any Platform Content. We take infringement of our copyright (and that of our licensors and service providers) seriously. You must: ● only use the Platform Content and related information and materials in the course of using the Platform in compliance with these terms and not for any other purpose; ● not download, upload, copy, reproduce, communicate to the public, transmit, publish, broadcast, modify, manipulate, rent, lease, loan, sell, distribute, or create any derivative works of any Platform Content or any part of it; ● not copy, reproduce, modify or manipulate any part of the Platform and/or Platform Content in any manner; ● not exploit the Platform or Platform Content in any unauthorised way whatsoever. We reserve all rights and remedies available to us to prevent any infringement of intellectual property we or our licensors or service providers own that is comprised in the Platform or Platform Content. The Company’s trade marks, service marks, graphics, and logos used in connection with the Platform are the intellectual property of The Company. Other trade marks, service marks, graphics, and logos used in connection with the Platform or with Platform Content may be the trademarks of their respective owners. You are granted no right or licence with respect to any of the aforesaid trade marks and any use of such trade marks.
Termination We may: ● terminate the agreement created between you and The Company pursuant to these terms; and ● suspend access to the Platform (or any part thereof) or any Platform Content at any time without notice. Provided you are not in breach of these terms we will reimburse you for any Platform Content you have successfully paid for but has not been made available to you in accordance with clause 7 at the time of termination or suspension. We will not be liable if for any reason the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform or to Platform Content. We have the right to disable any Membership at any time, if in our opinion you have failed to comply with any of these terms. You may cease to use the Platform at any time.
Disclaimer Your use of the Platform is at your own risk. The Company does not guarantee, represent or warrant the uninterrupted or error-free use of the Platform and shall not be liable for any loss arising from such events including but not limited to loss, corruption, attack, viruses, interference, hacking, or other security intrusion or any other factors beyond The Company’s and/or its licensors’ and/or its service providers’ reasonable control, including but not limited to the nature of your Compatible Device or internet connection. To the extent permitted by law, the Platform and the Platform Content are provided by The Company without warranties or guarantees of any kind, other than the statutory protection afforded to you by applicable legislation.
Limitation of Liability The Company’s liability shall be limited as set out in these terms and otherwise to the amount of any liability that may arise under any applicable legislation and solely in respect of the failure to comply with any guarantee corresponding to The Company’s supply of goods or services relating to the Platform or any Platform Content. The Company expressly excludes any liability for any direct, indirect or consequential loss or damages incurred by any user in connection with the Platform or in connection with the use, inability to use, or results of the use of the Platform.
Waiver and Indemnity You agree to indemnify and hold The Company, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these terms and your use of the Platform. The Company reserves the right to take any action we believe necessary to recover any sums you owe us. You agree that, in such circumstances, you will be liable for all costs and expenses incurred by us including, but not limited to, legal fees, collection fees, arbitration costs and court costs.
Miscellaneous These terms constitute the entire agreement between you and The Company regarding the Platform. If any part of these terms is held invalid or unenforceable the remaining parts of these terms shall remain in full force and effect. Our failure to enforce any right or provisions under these terms will not constitute a waiver of such provision or any other provision. We will not be responsible for failure to fulfil any obligation due to causes beyond our control. We may notify you with respect to the Platform by sending an email message to your Member email address. Notices shall become effective immediately when issued by us.
Governing Law These terms and your use of the Platform and Platform Content are governed by the jurisdiction where The Company is based for any claim or dispute relating in any way to your use of the Platform.