Introduction 1.1 The Conditions and the Privacy Policy apply to all Gold Cards. You will be required to confirm that you agree to be bound by the Conditions during the purchase process. Please read them carefully and make sure that you understand them before you sign up. They do not affect your legal rights. 1.2 Shetland Arts may change the Conditions at any time as described in clause 10 below. 1.3 The Conditions were last updated on 17/11/17. We recommend that you print and keep a copy of these Conditions for future reference. Definitions 2.1 In the conditions, the following words have the meanings set out against them: ● ● ● ● ● ● ● ● ● ● ● ● ●
Agreement: the agreement between you and Shetland Arts for the purchase and use of a Gold Card. Shetland Arts: Shetland Arts Development Agency, the organisation identified in clause 4.2. Mareel Cinema: the cinema, comprised of two screens, in Mareel, which is a venue owned and operated by Shetland Arts. Shetland Arts Box Office: the box office managed by Shetland Arts which handles ticketing for Mareel and other events. Conditions: these written terms and conditions. Initial period: a period of 12 or 3 months from the Start Date (dependant on the product purchased). Legitimate Grounds: where the User is unable to use his or her Gold Card for a continuing period of two calendar months due to medical reasons. Privacy Policy: privacy policy is set out at www.mareel.org/privacy-policy/ Start Date: the date on which a Gold Card is issued by Shetland Arts. Subscription Period: the Initial Period and any extended period (whether for a month or a year) for which a Gold Card is purchased. Gold Card: the card described in clause 6.1 giving the User access to Mareel Cinema during the Subscription Period, subject to the conditions. User: the person named as such on the Gold Card You: the person who enters into an Agreement for the purchase of a Gold Card
Purchase Process 3.1 You may purchase a Gold Card in person through the Shetland Arts Box office, or in full from the Shetland Arts Website. A paper copy application form is available on request. 3.2 Your purchase will be processed and you will receive confirmation whether or not your membership(s) is/are accepted. Alternatively, all or part of your purchase may be declined for any reason, in which case you will be notified as soon practicable.
3.3 The creation of an Agreement between you and Shetland Arts will only occur when Shetland Arts confirms acceptance of your purchase and applies the membership status to your box office account (as per clause 6). 3.4 When deciding whether or not to accept your purchase Shetland Arts may use certain information about you, including any received from credit reference agency checks. In particular, Shetland Arts may pass your details to credit reference agencies for them to check against certain public and private databases. Credit reference agencies may keep a record to use in future security checks. This helps to protect you and us against fraudulent transactions. 3.5 By applying for a Gold Card(s), you confirm that: 1. You are legally capable of entering into a binding contract; 2. You are at least 18 years old; and 3. You are a resident in the UK. 3.6 You understand that by purchasing a Gold Card, you are committing to pay the full annual subscription fee for the Initial Period (12 or 3 months, dependant on the product selected). Payment of the full annual subscription fee may be made by Monthly Direct Debit or by Annual Payment. (see clause 8 below) 3.7 If you pay by Annual Payment, no refund of the annual subscription fee for the Initial Period which is paid in advance will be made unless you cancel the subscription under clauses 5 (Cancellation Rights), 10 (Changes), or 11 (Legitimate Grounds) 3.8 If you pay by Monthly Direct Debit, you will have to pay all instalments of the annual subscription fee unless you cancel under clauses 5 (Cancellation Rights), 10 (Changes), or 11 (Legitimate Grounds) Agreement 4.1 The Agreement shall include your application form, the Conditions, and the Privacy Policy. No other terms shall apply. 4.2 The Agreement is between you and Shetland Arts Development Agency, a registered charity in Scotland (SCO37082), with the address Mareel, Lerwick, Shetland, ZE1 0LA and VAT registered (671 2655 32). Cancellation Rights 5.1 Shetland Arts may cancel the Agreement in circumstances referred to in clause 12. 5.2 You may cancel the Agreement at any time before the end of the period of seven working days starting on the Start Date if your Gold Card has not been used during that
period. (For the purpose of this clause 5, “working day” means Monday to Friday, excluding any public or bank holiday on which the bank in Scotland are closed.) 5.3 To cancel, you will need to contact Shetland Arts by email, phone or writing within the time period set out in clause 5.2. 5.4 You will receive a full refund of any subscription fee paid, less an administration fee of £5. Gold Cards 6.1 If your application is accepted, Shetland Arts will issue the User Gold Card. 6.2 The Gold Card will be valid from the day the membership status is applied to the box office account. 6.3 The Gold Card is not transferable and only the User will be entitled to use it at the Mareel Cinema. Terms of Use For Gold Cards 7.1 The User accepts the Conditions by using a Gold Card 7.2 A valid Gold Card entitles the User to: 1. Access to Mareel Cinema every day of the week (subject to Mareel Cinema being open) 2. One seat (subject to availability) for any film screening open to the general public; 3D glasses must be purchased separately or brought to screening, glasses cost £1); but 3. It does not entitle the user to free or discounted screenings of alternative content, as defined by Shetland Arts (this includes Screenplay and other Shetland Arts’ Festival events). 4. Exclusive offers for other Shetland Arts events and products (to be emailed via members newsletter). 5. Exclusive Kiosk Offers (to be emailed via members newsletter). 6. Exclusive offers in Mareel Cafe Bar. 7.3 All film screenings are subject to normal restrictions such as age certifications. The User shall have no preferential rights of access for any screenings. The User is not entitled to use the Gold Card in conjunction with any other promotions offered at Mareel unless otherwise stated and the Gold Card cannot be used to prove the User’s age.
7.4 The User may book a ticket in advance in person, over the phone, or via the Shetland Arts website. 7.5 To use the Gold Card, the User must log in to their Shetland Arts Box Office account to purchase tickets. Any applicable discounts will be applied automatically at the basket stage. Should the User require to book a ticket using an account other than their own box office account (eg. booking with friends and family), the User may do so by typing their membership ID, found on the bottom of their Gold Card, or in their membership account details, into the Voucher Code box at the checkout stage. Tickets may also be booked in person, or over the phone, using the User's own Box Office account. The User must show their Gold Card and be able to provide photographic proof of identification when collecting tickets, to confirm their eligibility for membership discounts. 7.6 The Gold Card is only valid for one performance at any one time and cannot be used to obtain a ticket for another performance before the film presentation for which it has been used comes to an end. 7.7 The Gold Card will be valid from the date it is activated on the users box office account for the Initial Period, unless terminated by you or Shetland Arts under clauses 5.2, 10, 11 or 12. 7.8 At the end of the Initial Period, the Gold Card will continue to be active on a month to month rolling basis until terminated by you or Shetland Arts. Payment of Annual Subscription Fees 8.1 The annual subscription fee must be paid in advance by Annual Payment or by Monthly Direct Debit, but in either case must be paid in full for the whole Initial Period. 8.2 Shetland Arts reserves the right to increase the annual subscription fee payable by Monthly Direct Debit to reflect the cost to Shetland Arts of accepting payments by instalments. Such changes shall not take effect during the Initial Period and shall be notified to you in writing at least one month before they come into effect. 8.3 Monthly Direct Debit 8.3.1 If you opt to pay by Monthly Direct Debit, you agree to pay the full annual subscription fee for the Initial Period in 12 (or 3 dependant on product selected) equal monthly instalments during the Initial Period. 8.3.2 An administration fee of £30 will be charged to set up the Monthly Direct Debit. In the event of the Monthly Direct Debit being cancelled by you an additional £30 fee will be charged for each new Monthly Direct Debit set up on the account.
8.3.3 (a) When Shetland Arts accepts your application for a Gold Card, you will pay for your first month’s subscription via debit or credit card (b) Each instalment for the remaining months shall be paid in advance by Monthly Direct Debit from a nominated bank account. You will need to fill in the Direct Debit instruction included in the Agreement correctly prior to submitting your application form. Each payment will be debited on the same day of each month. If this date falls on a weekend or a bank holiday payment will be debited by your bank on the previous or next working day. Please check with your bank for details. 8.3.4 Unless you cancel your subscription at the end of the Initial Period in accordance with the Agreement, the Subscription Period will automatically be extended after the Initial Period and you will continue to pay the subscription fee each month. 8.3.5 If you want to change the bank account to be debited, you must inform staff at Shetland Arts of this change and allow at least three weeks for this process to change. Failure to notify of any changes resulting in non-payment of the Monthly Direct Debit will incur a £30 admin fee to rectify the payments. 8.3.6 If, during the Initial Period, Shetland Arts does not receive any monthly payment or you seek to terminate the Agreement except as permitted in clauses 10 or 11, Shetland Arts may terminate the Agreement and deactivate the Gold Card as described in clause 12 below. Shetland Arts will be entitled to recover damages from you, which may include reasonable administration expenses caused by the incident and the fees and expenses that Shetland Arts may reasonable and properly incur to recover the outstanding subscription fees which are due to shetland Arts under the Agreement for the remainder of the Initial Period. 8.4 Annual Payment 8.4.1 If you opt to pay the full Annual Payment, you agree to pay the annual subscription fee for the Initial Period in a single advance payment. 8.4.2 You may pay the annual subscription fee by debit card, credit card or cash. 8.4.3 At least six weeks before the end of the Initial Period, Shetland Arts will offer you the opportunity to pay the subscription fee for the next year by debit or credit card, or to move to pay by Monthly Direct Debit. 8.4.4 If this Agreement is terminated during the Initial Period (or any Subscription Period) on Legitimate Grounds (as described by clause 11), Shetland Arts will refund the amount paid for any full months remaining less one month. Extending your Gold Card 8.5 At the end of your Initial Subscription Period any subsequent Monthly Direct Debit fees and the Annual Payment will be those in force on the date the Initial Period expires.
Lost or Stolen Cards 9.1 The Use should report any lost or stolen Gold Cards to Shetland Arts immediately. 9.2 If the Gold Card is lost or stolen, Shetland Arts will charge an administration fee to replace it. The charge is currently £15 but this may be changed by Shetland Arts to reflect its administration costs. Once the fee is paid, Shetland Arts will provide the user with a replacement card. 9.3 If the subscription is paid by Monthly Direct Debit, the amount of the administration fee will be debited directly from your bank account. If a Monthly Direct Debit is not in place, you will need to pay the administration fee before Shetland Arts will send out a new card. 9.4 For the avoidance of doubt users will not be entitled to a Gold ticket until the replacement card has been received and is presented to Shetland Arts in accordance with clause 7.5. Changes 10.1 Subscription fees may be increased by Shetland Arts to reflect changes in standard ticket prices, inflation, Shetland Arts’ costs, additional taxes and costs that are not imposed by Shetland Arts. Any increase in the subscription fee will be notified to you at least one month before it comes into effect. Increases shall not take effect during any Initial Period, except as described in clause 10.2. 10.2 If there is a change in the rate of VAT or any other tax, or any other tax is imposed, Shetland Arts will be entitled to change the subscription fees to reflect such changes, at any time including during the Initial Period. This change will only affect you during the Initial Period if you are paying by Monthly Direct Debit. Shetland Arts’ will give not less than one month’s notice of any increase and the Monthly Direct Debit amounts after expiry of such notice will be adjusted accordingly. Any other changes shall take effect as described in the remainder of this clause 10. 10.3 If do not cancel the subscription following the Initial Period increases in the subscription fees will take effect after expiry of any notice given to Shetland Arts under clause 10.1 or 10.2 as follows: 1. If you pay the fees by Monthly Direct Debit, the Direct Debit amounts after expiry of the notice will be adjusted accordingly; 2. If you pay the fees in advance, the increase will take effect at the end of the period for which fees have been paid. 10.4 Shetland Arts reserves the right to make changes to the Conditions on giving you at least one month’s prior written notice. 10.5 If:
1. You are paying by Monthly Direct Debit and these changes either increase the monthly instalments payable or are otherwise to your disadvantage during the Initial Period, or 2. You have paid by Annual Payment and the changes are to your disadvantage, you will have 30 days from the notice date in which to terminate Agreement. 10.6 If you terminate the Agreement under clause 10.5 and you are paying by Monthly Direct Debit, you may stop making payments from one month after the date of the direct debit which follows you telling us you wish to terminate. If you have paid by Annual Payment, you will not be entitled to any refund of the subscription fee. Termination by you 11.1 You may terminate the Agreement during the Initial Period only on Legitimate Grounds. You must notify Shetland Arts in writing of your request to terminate, stating the reason for termination and enclosing any supporting evidence. The application must be made by post or via email to the Mareel Box Office. 11.2 If Shetland Arts accepts that the User has Legitimate Grounds and you are paying by Monthly direct Debit, the Agreement will terminate one month after the date of the Direct Debit which follows receipt of the application referred to in clause 11.1 by the Mareel Box Office. If you have paid by Annual Payment, Shetland Arts will repay you an amount equal to the value of the remaining full months’ subscription fee less one month. 11.3 If Shetland Arts does not accept the request for termination, the Agreement shall continue in force. If you are paying by Monthly Direct Debit, you must continue to pay the subscription fee for the remainder of the Initial Period. If you have paid by Annual Payment, you will not be entitled to any refund of your subscription fee. 11.4 In the event of termination on Legitimate Grounds, the User may not re-subscribe for a Gold Card until 6 months after the termination date. 11.5 If you are paying by Monthly Direct Debit, you may terminate the Agreement any time after the Initial Period by giving one full month’s notice. Notice must be given to Shetland Arts in writing by post or via email. Termination will take effect one month after the date of the Monthly Direct Debit which follows receipt of your notice to terminate. PLEASE NOTE: due to shetland Arts current payment processes, if you are paying by Monthly Direct Debit, any Gold Card will be automatically deactivated if you cancel the Monthly Direct Debit. If you wish to cancel your Monthly Direct Debit, please do not do so until after the date on which your Gold Card expires or terminates. Shetland Arts will confirm this date in writing on receipt of your termination notice. 11.6 Additionally, you may terminate the Agreement at any time if Shetland Arts commits a serious breach of the Agreement.
11.7 On termination, the Gold Card will be de-activated and, if payment is made by Monthly Direct Debit, the debits will be stopped and any refunds due will be paid. Suspension and Termination By Us 12.1 Shetland Arts may suspend the Agreement and temporarily deactivate the Gold Card if: 1. You miss any payment. Shetland Arts will contact you by email or letter and if payment is made on request, Shetland Arts will reactivate the Gold Card within 28 hours of payment. Users will not be entitled to a Gold ticket until the Gold Card has been reactivated and, for the avoidance of doubt, no refunds will be given for cinema tickets purchased by the User between the date the Gold Card is deactivated until the date it is reactivated; 2. Shetland Arts suspects any fraud in any matter connected to entering into or performing the Agreement including providing false information on the application form; or 3. The User breaches any of Mareel and/or Shetland Arts’ general Terms and Conditions. 12.2 Shetland Arts may terminate the Agreement immediately on any one of the following grounds: 1. For your fraud (or our reasonable suspicion of your fraud) in any matter connected to entering into or performing the Agreement including providing any false information on the application form; 2. In the event of fraudulent or persistent or serious misuse of the Gold Card; 3. If you miss a payment and fail to make that payment within 28 days of a request from Shetland Arts to make it, or if you miss more than one payment; 4. Material breach of the Agreement by you that has not been corrected by you within reasonable time. 12.3 If Shetland Arts terminates the Agreement under this clause 12, Shetland Arts may keep any subscription payments that have been received. Where you have paid by Annual Payment, Shetland Arts may refund any subscription fees paid for any full months after the termination date but shall be entitled to retain a fair amount to reflect the loss to Shetland Arts from terminating the Agreement in such circumstances. This right does not limit any other rights Shetland Arts may have against you. 12.4 On termination, Shetland Arts will deactivate the Gold Card. 12.5 Shetland Arts reserves the right to terminate, withdraw or suspend the Gold Card subscription arrangements, and the Agreement, at any time for any reason on reasonable notice in writing you. Shetland Arts will refund the fees paid by you in advance for any remaining full months after the termination date. Questions and Complaints
Any questions or complaints you may have in relation to the Gold Card or a notification of change in your circumstances should be directed to Shetland Arts. Information Provided You confirm that the information you provide (including contact information) is accurate and complete and that you are authorised to provide such Personal Information. It is your responsibility to ensure that such Personal Information is kept up to date, and Shetland Arts will not be responsible for errors or omissions in your Personal Information at any time. You may update your details at any time by contacting Shetland Arts. The terms of the Privacy Policy apply to our use of Personal Information. In addition, you authorise Shetland Arts to (i) transfer and disclose Personal Information to professional advisers and such other parties as is necessary for the administration of Shetland Arts’ business (including financial decisions), or if required to disclose such information required by law; and (ii) use any Personal Information to provide you with information about offers, products and/or services offered by Shetland Arts by ticking the opt-out box on the application form or notifying Shetland Arts at any time during the Agreement. Shetland Arts’ Liability 15.1 Mareel Cinema may be closed on a temporary basis from time to time, including for refurbishment or due to Force Majeure Event (as described below). Details on such closures can be found on Shetland Arts Website. 15.2 Shetland Arts will not be liable or responsible for any failure to perform, or delay in performance that is caused by events outside its reasonable control (Force Majeure Event), including any act, event, non-happening,omission or accident which may be due to the following: 1. Strikes, lock-outs or other industrial action; 2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war; 3. Fire, explosion, adverse weather, snowfall, ice, storm, flood, earthquake, subsidence, epidemic or other natural disaster; 4. Disruption to or failure of the railways, shipping, aircraft, motor transport or other means of public or private transport; 5. Disruption to or failure of public and private telecommunications networks or utility supplies; 6. Closure or limited access to Mareel on ground of reasonable health and safety concerns; 7. Any governmental act, decree, legislation, regulation or restriction 15.3 Shetland Art’s liability for faulty Gold Cards is limited to the remedies described in clause 9.
15.4 Shetland Art’s liability for its breach of the Agreement is limited to the annual subscription fee. 15.5 Shetland Arts will not in any event be liable for: (a) any loss of profit, revenue, business, contract, goodwill, or other financial or economic loss or damage; or (b) any indirect loss or damage which is not reasonably foreseeable as likely to occur in the ordinary course of events. 15.6 Shetland Arts does not exclude or restrict its liability for fraud, for death or personal injury resulting from its negligence or that of its agents or for any other liability that it cannot restrict or exclude by law, and nothing in this clause 15 shall operate to exclude, restrict or limit this liability. General 16.1 The Agreement and any disputes or claims arising out of or in connection with it (including non-contractual disputes or claims) are governed by the laws of Scotland and are subject to the jurisdiction of the courts of Scotland. 16.2 Shetland Arts does not accept amendments by you to the Conditions. 16.3 You may not transfer any of your rights or obligations under the Agreement to another person without Shetland Arts’ prior written consent. 16.4 If the Agreement is terminated by either party for any reason, neither party will lose any rights which have already accrued. 16.5 If, at any time, Shetland Arts does not require you to comply with any part of the Agreement, this will not prevent it from doing so in future. 16.6 If any part of the Agreement is disallowed or held to be ineffective by any court or other competent body, the rest of the Agreement will not be affected.