"Card" means a card issued by HarbourLights which can be used to join the Club.
"Charges" means the charges payable by You for the supply of the Card and membership of the Club.
"Cinema" means the Harbour View cinema.
"Club" means the Loyalty Card, a loyalty scheme promoted by HarbourLights Cinema.
"Earned Points" means Points earned by You by Use of Your Card (excluding Introductory Points).
"Guest Services" means HarbourLights Guest Services facility.
"Introductory Points" means Points credited to Your Card at the time of joining the Club.
"Mobile Apps" means HarbourLights mobile app and any other similar applications developed for different operating systems.
"Points" means loyalty points issued by HarbourLights.
"Points Price" means the number of Points You will need to redeem to purchase an item.
"Terms" means these Terms and Conditions.
"We/Us/Our" means HarbourLights.
"Website" means Our Website at www.HarbourLightscinema.co.fk
"You/Your" means any person who joins the Club and/or Uses a Card.
These Terms will apply to any contract between Us for the sale of the Card to You. Please read these Terms carefully and make sure that You understand them, before ordering the Card or joining the Club using our Website. Please note that before placing an order You will be asked to agree to these Terms. If You refuse to accept these Terms, You will not be able to order the Card.
Please check these Terms to ensure You understand them as they will apply at the time that You accept them.
1. Information about Us
1.1 We operate the Website www.HarbourLightscinemas.co.fk
HarbourLights is owned and operated by Stanley Services Limited, a company registered in the Falkland Islands company number 8257 and with Our registered office at Stanley Services Limited, Airport Road, Stanley, Falkland Islands, FIQQ 1ZZ.
1.2 Contacting Us:
(a) To cancel your contract with us, thereby cancelling your access to the Card and the Club, You should let Us know by contacting HarbourLights Box Office whose details can be found on Our Website. HarbourLights Box Office can be contacted to provide Website support in relation to the Card. If You Use this method, We will email You to confirm that We have received Your cancellation. If You send Us Your cancellation notice by email or by post, then Your cancellation is effective from the date that We receive Your email or letter to Us and We shall confirm receipt of the same.
(b) If You wish to contact Us for any other reason, including because You have any complaints, HarbourLights Box Office can be contacted Using the details provided on the Website.
(c) If We have to contact You or give You notice in writing, We will do so by email or by pre-paid post to the address You provide to Us when registering for the Card.
1.3 Website support.
HarbourLights Box Office can be contacted to provide Website support in relation to the Card.
All images Used in promoting the Card on Our Website or through other methods are for illustrative purposes only.
3. Use of Our Website
3.1 Your Use of Our Website is governed by these Terms and Our Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to You.
3.2 You may only purchase the Card from Our Website if You are at least 18 years old.
3.3 You confirm that You have authority to enter into the Terms, Use Our Website and purchase the Card.
3.4 These Terms and any document expressly referred to in them constitute the entire agreement between You and Us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between Us, whether written or oral, relating to its subject matter.
3.5 You acknowledge that in entering into these Terms You do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
3.6 You and We agree that neither of Us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
4. How We Use Your personal information
5. How the terms are formed between You and Us
5.1 The Card is issued and promoted by HarbourLights. The Card is not a credit card, debit card, charge card, or cheque guarantee card, and remains the property of HarbourLights at all times. You cannot accrue any interest on the Card.
5.2 All copyright, trade marks and all other intellectual property rights in and in relation to the Card shall at all times remain the property of HarbourLights or its licensors.
5.3 Cards can only be used at HarbourLights cinemas in the Falkland Islands.
5.4 All purchases of goods and/or services using the Card are subject to availability, normal age restrictions, any other relevant standard terms and conditions and any relevant promotion terms, all of which are available on the Website.
5.5 The Card does not give preferential rights of access for any film or presentation which are not open to the general public.
5.6 You may only join the Club once and the same email address cannot be Used to activate more than one Card.
5.7 Joining is subject to availability. Your application to join is an offer to join and HarbourLights retains the discretion not to accept Your offer. If HarbourLights accepts Your offer it will take payment from You and notify You that the transaction is complete, and at this point there will be a contract between You and HarbourLights.
6.1 To join You will be required to pay the Charges. The Charges will be as notified to You at the time of joining, except in cases of obvious error. Payment of the Charges may be made by cash (in the Cinema) or by debit/credit card (in the Cinema or using the Website). The published Charges will be inclusive of any applicable taxes and Card delivery costs.
6.2 Upon joining, Your Card may be credited with Introductory Points and/or a multiple or bonus Points or other offer, as notified to You at the time of joining. Introductory Points cannot be spent during the 3 days after You join.
6.3 Before You can redeem any Points on Your Card, You must activate it. Until You activate Your Card, You will not be able to redeem Your Points, and You will not be eligible for certain offers and promotions.
6.4 If You join the Cinema, You will receive Your Card at the time of joining, and You can activate Your Card by completing the paper form supplied with the Card (which may take up to 14 days for Us to process) or straightaway via the Website or (if applicable) by Mobile App. If You join via the Website or (if applicable) through the Mobile App, Your Card will be activated during the joining process, and Your Card will be delivered to You within 14 days of joining by post to the address given during the joining process.
6.5 You can earn Points on: (a) purchases in Cinema (including at automatic ticket machines) of tickets for standard Film and Event Cinema screenings, food and drink, (b) purchases via the Website and Mobile Apps of tickets for standard Film and Event Cinema screenings, in each case subject always to paragraph 7 (above) and subject also to the following. Unless otherwise stated on the Website or at the point of purchase, You cannot earn Points on: purchases of tickets for charity and special screenings; purchases via Websites other than the Website; purchases from any separate franchised areas within the Cinema; purchases of goods and services sold on behalf of a third party (e.g. tickets for an event run by a third party, coin-operated amusement / gaming / vending machines); purchases of Privilege cards, cinema vouchers, paper gift vouchers, and electronic gift cards; and purchases of products or services which You pay for with Points or vouchers. Points are earned at the rate of 2.5 Points for every complete £1 spent in any one transaction (e.g. spending £10 will earn You 25 Points). We reserve the right to change the rate at which You earn Points and/or the list of transactions upon which You can earn Points from time to time: visit the Website or ask in Cinema for up to date details. To the extent that such a change constitutes a change to these Terms, the provisions of Paragraph 4 will apply.
6.6 HarbourLights may offer multiple or bonus Points on certain products as selected by HarbourLights from time to time in its sole discretion. Such extra points will be treated as Earned Points for the purpose of these Terms. During multiple or bonus Points events, items which are already included in multiple or bonus Points promotions are excluded unless otherwise stated at the point of purchase.
6.7 To earn Points for a transaction at Cinema, You must present Your Card at the till before making Your purchase. To earn Points for a transaction via the Website or a Mobile App, You must log in when prompted at the time of purchase. If You redeem Points as part of a transaction, You will only earn Points on the part of transaction paid for with cash or credit / debit card. You cannot earn Points on purchases made before You joined the Club. Until You activate Your Card, Earned Points will expire 28 days after they Were earned.
6.8 Once You have activated Your Card, You can check the balance of Points and other incentives on Your Card at any time online on the Website or in the Cinema. HarbourLights will keep a record of transactions made Using the Card to ensure that Your HarbourLights Points balance is correct.
6.9 Introductory Points will be credited to Your account 3 days after the day You joined. Points earned from the purchase of a ticket will be credited to Your account within 24 hours of the performance. Points earned from other transactions will be credited to Your account within 24 hours of the transaction. In circumstances of system failure, We may be temporarily unable to award Points and Your account balance may be incorrect or out of date.
6.10 You can redeem Your Points against: (a) purchases of tickets for standard film screenings or via the Website or Mobile Apps, and (b) purchases at Cinemas of selected food and drink items as published on the Website from time to time, in each case subject always to paragraph 7 (above) and subject also to the following. Unless otherwise stated on the Website or at the point of purchase, You cannot redeem points against: purchases of tickets for charity and special screenings; purchases via Websites other than the Website; purchases from any separate franchised areas within the Cinema; purchases of goods and services sold on behalf of a third party (e.g. tickets for an event run by a third party, coin-operated amusement / gaming / vending machines). The number of Points You will need to redeem to purchase a particular item (the Points Price) will be as published on the Website from time to time. Information regarding the transactions against which You can redeem Points and the applicable Points Prices from time to time will be correct at the time of publication but is subject to alteration. The Points Price may be influenced by factors such as: level of demand; cost of supply; time, date, day; location of cinema; and/or type of screening. We reserve the right to change the transactions against which You can redeem Points and/or the applicable Points Prices from time to time: visit the Website or ask in Cinema for up to date details.
6.11 Points cannot be redeemed until Your Card is activated and the Points credited to Your account, and Introductory Points cannot be redeemed during the 3 days after the day You joined the Club. You must have the full number of Points needed for any one item You wish to purchase. To redeem Your Points in Cinema You must present Your Card at the till before making Your purchase. To redeem Your points on the Website or Mobile App, log in where prompted and follow on screen instructions. To redeem Your Points at an automatic ticket machine, insert Your Card and follow on screen instructions. The Points redeemed will be then deducted from the total on Your Card. Introductory Points will be deducted prior to any Earned Points.
6.12 Unless otherwise notified at the time of purchase, Points cannot be earned or redeemed in conjunction with any other discount, offer or promotion. Points cannot be exchanged, sold or transferred. Earned Points have no cash redemption value. HarbourLights will reverse the associated Points earned or redeemed if a transaction on which Points are earned or redeemed is cancelled or reversed or when an item is returned.
6.13 If You do not Use Your Card to earn/redeem Points for a period of 2 years, any remaining balance of Introductory Points will expire. (Checking the balance on Your account does not constitute Use of Your Card for these purposes).
6.14 Earned Points will expire 2 years after they Were earned.
6.15 Points which have expired cannot be transferred to a new Card or redeemed.
6.16 Introductory Points cannot be refunded to You if they have expired or have been redeemed or spent, or if they Were issued to You for free. However, You can ask Us at any time to refund to You any unexpired or unused Introductory Points on Your card which You have paid for, if the following conditions are satisfied: the amount to be refunded is at least £5.00 (note that We reserve the right to change this amount); We have no reason to suspect that Your request is part of a fraudulent or criminal activity; and We are not prohibited from carrying out Your request by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority. You must make Your refund request by ringing Guest Services. HarbourLights will charge an administration fee of £5.00 to process Your request (and We reserve the right to change this fee). You will be given details of the applicable fee at the time You make Your request, and You can decide then whether to proceed. Fees incurred will never result in Your getting into debt on Your Card account. Introductory Points will be refunded at cash value as applicable at point of joining (pro-rated if already partly redeemed). Refunds will be paid back to the credit/debit card Used for the relevant transaction (for cash transactions refund will be by cheque sent to the registered address or the address of the payer, as applicable). To comply with Our legal obligations, We may need to verify Your identity before processing Your request. We can refuse to process Your request if You do not co-operate with Our verification process. We will not apply the redemption fee and minimum amount stated above if You have joined the Club via the Website or (if applicable) a Mobile App, and then ask Us to cancel Your Card within the period of 14 days beginning on the day after You joined the Club (to avoid any doubt, if You cancel after this period You will be liable to pay a redemption fee and the minimum amount stated above will apply). We will not apply the redemption fee and minimum amount stated above if You ask Us to cancel Your Card because You are not happy with a material change We have made to these Terms pursuant to Paragraph 4 and You make Your cancellation request no later than 90 days after the material change takes effect.
6.17 You must keep Your Card secure and in Your possession at all times, as if it Were cash. If Your Card is lost or stolen, You should immediately report this to Us by ringing Guest Services.
6.18 HarbourLights will then cancel the lost or stolen card. If You subsequently find or retrieve a Card which You have reported lost or stolen, You must destroy it immediately.
6.19 Introductory Points are not covered by the Financial Services Compensation Scheme, nor by any other compensation scheme. This means that if HarbourLights becomes insolvent, the balance on a Card may become valueless and unusable.
6.20 If Your Card is not activated and it is lost or stolen, the Points on it will be lost.
6.21 If You report an activated Card lost or stolen, We will issue a new Card credited with any Points remaining on Your old Card account, subject to the following:
(a) We cannot reimburse any Points Used between the loss / theft and the time when the loss / theft is registered on Our systems;
(b) We reserve the right not to issue a replacement Card where We reasonably believe: that the notified loss or theft has been caused by Your breach of these Terms; You are or have been engaged in fraudulent or other unlawful conduct; and/or You have been banned on reasonable grounds from entering any Cinema.
6.22 You must treat Your Card with care, and not damage it, tamper with it or otherwise misuse it. If Your Card is damaged or defective, please contact the Box Office to request a replacement card. We reserve the right not to provide a replacement Card where We reasonably believe that the damage or defect has been wilfully caused by You, in which event We may cancel Your Card and arrange for a refund of any outstanding Introductory Points on Your Card.
6.23 Replacement cards will be available to collect from the Box Office. We reserve the right to charge a reasonable replacement card fee to cover Our costs, in accordance with Our standard fee rate (no fee will apply to replacement of a defective Card where We are responsible for the defect).
6.24 Your Card does not have an expiry date. You may cancel Your Card at any time by contacting Us as set out in paragraph 41 with Your cancellation request, and You must return the Card to Us. As part of this request You can ask Us to refund to You any unexpired and unused Introductory Points You have paid for, subject to the requirements of paragraph 25 above.
6.25 We may cancel Your Card if it has no remaining balance of unexpired Points. We may also cancel Your Card if We reasonably believe that: (a) You have seriously breached these Terms; (b) You are or have been Using Your Card in an abusive, fraudulent or unlawful manner; and/or (c) You have been banned on reasonable grounds from entering any Cinema. In this event, We reserve the right to not refund any unexpired and unused Introductory Points on Your Card. You will not be able to Use Your Card after it has been cancelled.
6.26 We reserve the right to stop issuing Cards at any time. We may also on not less than 30 days' prior notice terminate or suspend the Club. Such notice may be given by email to the current address registered with Us (if You have a current valid registration) or by posting the notice on the Website. We may terminate or suspend any aspect of the Club without notice if so required by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority. In the event of such a termination You can request a refund in accordance with paragraph 25 and We will not apply the minimum amount and administration fee provisions.
6.27 Our shopping pages will guide You through the steps You need to take to place an order with Us. Our order process allows You to check and amend any errors before submitting Your order to Us. Please take the time to read and check Your order at each page of the order process.
7. Our right to vary these Terms
7.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms Were last updated and which Terms Were changed.
7.2 Every time You purchase the Card from Us, the Terms in force at the time of Your order will apply to the Terms between You and Us.
7.3 HarbourLights reserves the right to amend these Terms from time to time by posting the amended Terms online at www.HarbourLightscinemas.co.uk. Where the changes are to ensure compliance with law or regulation, or for security reasons, or are non-material, the amended Terms will take effect when posted. Where the changes are material, the amended Terms will take effect on the date specified in the notice, which will be at least 30 days after posting. If You are not happy with a material change notified in this way, You can terminate Your agreement with Us under these Terms by cancelling Your Card.
8. Our liability
8.1 We only supply the Card for domestic and private Use. You agree not to Use the product for any commercial, business or resale purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.2 We do not in any way exclude or limit Our liability for:
(a) death or personal injury caused by Our negligence;
(b) fraud or fraudulent misrepresentation;
8.3 Except as expressly stated in these Terms, We do not give any representation, warranties or undertakings in relation to the Card. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, We will not be responsible for ensuring that the Card is suitable for Your purposes.
9. Events outside Our control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
9.2 An Event Outside Our Control is defined as any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the Use of railways, shipping, aircraft, motor transport or other means of public or private transport.
9.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact You as soon as reasonably possible to notify You; and
(b) Our obligations under the Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Products to You, We will arrange a new delivery date with You after the Event Outside Our Control is over.
9.4 You may cancel these Terms affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact Us. If You opt to cancel, You will have to return any relevant products You have already received.
10. Communications between Us
10.1 When We refer, in these Terms, to “in writing”, this will include email.
10.2 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
11. Other important terms
11.1 We may transfer Our rights and obligations under these Terms to another organisation, but this will not affect Your rights or Our obligations under these Terms. We will always notify You in writing or by posting on this Webpage if this happens.
11.2 You may only transfer Your rights or Your obligations under these Terms to another person if We agree in writing.
11.3 These Terms are between You and Us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
11.5 If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
11.6 These Terms are governed by Falkland Islands law. This means the Terms for the purchase of the Card through Our Website and any dispute or claim arising out of or in connection with it will be governed by Falkland Islands law, unless specified as UK Law e.g. Film age restrictions. You and We both agree to that the courts of the Falkland Islands will have non-exclusive jurisdiction.