PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ATTENTION IS DRAWN TO THE LIMITATION OF LIABILITY CONTAINED IN SECTION 9 BELOW.
1. Your Relationship With Curzon Home Cinema
C) When you use the CHC Services, you may have access to services provided by other Curzon group companies and companies outside the Curzon group (“Third Party Services”). CHC is not responsible for Third Party Services and your use of Third Party Services shall be governed by the applicable terms and conditions of such Third Party Services.
D) CHC reserves the right to change these Terms at any time without prior notice and such change will be effective from the time of posting the revised terms and conditions of service on the Website. Please look at the bottom of this page to see when these Terms were last updated. Every time you purchase access to Content from CHC, the Terms in force at the time of your order will apply to the contract between you and CHC. It is important that you are familiar with the most up-to-date Terms. You must stop using the CHC Services if you do not agree with any changes to the Terms.
E) Access to parts or all of the CHC Services and Website may be restricted from time to time to allow for repairs, maintenance or updating. CHC reserves the right to withdraw, take down or amend all or any part of the CHC Services, Website and/or Content at any time. CHC reserves the right to change, modify, suspend or discontinue the CHC Services at any time.
2. The CHC Services
A) The CHC Services include a secure cloud based high definition video on demand platform that offers video on demand services by a “per individual buy” basis to customers in the Territory (as defined below). The CHC Services are available to Internet-connected devices and also via applications on Amazon Fire TV and Stick, Samsung Smart televisions, Apple TV and selected Internet-connected Pay TV set-top boxes (Virgin Media TiVo boxes and Freetime by FreeSat) as well as mobile applications on Apple and selected Android devices. The CHC Services are provided on a temporary rental basis for a limited period of time and you may not download, stream rip or otherwise copy any of the materials provided through the CHC Services. The CHC Services allow you to access and view digitized versions of feature films, documentaries and other digital content (collectively “Content”) by streaming a copy to a Device (as defined below).
B) CHC may also offer via the Website certain interactive functionality, including user ratings and comments (“Interactive Services”). Interactive Services may allow you to post your own content in connection with your use of the CHC Services (“User Content”). By posting such User Content, you agree that it is not and cannot be considered as confidential or private. You are solely responsible and liable for the content, accuracy, completeness and legality of User Content. In particular, you must ensure that you have the legal right under all applicable laws to post any User Content on or through the Interactive Services or the Website or in connection with the use of any CHC Services, or transmit to or share such User Content with other users. This means you must either be the sole owner of all the intellectual property and other rights in such User Content or have the prior written agreement of any third-party owner of such rights to make use of the User Content in question for the purposes set out in these Terms. You warrant and undertake to us that: (a) you have the absolute unfettered right and title to post any User Content and to grant to CHC the rights and licences in respect of such User Content specified in the Terms; (b) all User Content shall be lawful and shall comply with our standards (such as acceptable use policies) contained in the Terms or otherwise specified on the Website; (c) no User Content does or will violate or infringe any third-party rights (including copyright, trade marks, rights of privacy or publicity or any other proprietary or personal rights) or contain defamatory or otherwise unlawful material. You grant CHC the worldwide, payment-free and transferable right and licence (with the right to grant sub-licences) to use, reproduce, publicly display, edit, modify, translate, disclose, communicate, broadcast, distribute and format in any manner we choose all or any part of any User Content via the Website and within the scope of the CHC Services. This grant of rights is for the full legal term of protection of such rights. To the fullest extent permitted by law, you further irrevocably waive, and agree not to assert against CHC or its affiliates or sub-licensees, any so-called "moral rights" that you may have in any User Content. You acknowledge that User Content (whether posted by you or others) does not represent CHC’s views. Any comments, views and opinions made in relation to such curated Content are not the views of CHC. Inclusion of such curated content and any related materials including without limitation commentaries, views and opinions on the Website and/or CHC Services does not imply any endorsement of such the material or any of the views, opinions and comments contained therein and CHC shall not be responsible for such Content.
C) You accept that CHC is entitled (but may not be obliged) to review the Website and, without prior notice to you, to delete or remove from the Website any User Content in CHC’s reasonable discretion, including User Content that, in CHC’s reasonable judgement, violates the Site Terms, or might be offensive or illegal, or might violate the rights (or harm or threaten the safety) of Website users or others. While CHC reserves the right to moderate the use of any CHC Services, CHC may not be under any obligation to oversee, monitor or moderate any Interactive Service that CHC provides on the Website, nor to pre-screen or approve any User Content that may be posted to the Website or on any Interactive Service.
D) If you encounter another user on the Website who is violating any of the Terms, please report the User to CHC’s support service at email@example.com
3. How to Use the CHC Services
You agree: to keep your password and your user name secure and confidential and not to allow anyone else to use your user name address or your password to access the Website or the CHC Services especially anyone under the age of 18 years old; to refrain from doing anything which would assist anyone who is not a registered user to access any secure area of the Website or the CHC Services; and to refrain from creating additional registration accounts for the purpose of abusing the functionality of the Website and the CHC Services or to seek to pass yourself off as another user. CHC cannot check the identities of people using the CHC Services with your password or user name. CHC will not be responsible for any losses suffered by you where your log in name or password is used by someone else to access the CHC Service unless due to CHC’s negligence. You agree to notify CHC immediately if you become aware of or suspect any unauthorised use of your password or user name. You are solely responsible for any activities that occur in relation to your registered account with CHC. YOU ARE FULLY RESPONSIBLE AND LIABLE FOR ALL USE OF, AND ALL ACTIVITY CARRIED OUT UNDER YOUR ACCOUNT (WHETHER BY YOURSELF OR BY A THIRD PARTY WHO HAS BECOME AWARE OF YOUR USER NAME AND PASSWORD THROUGH YOUR DELIBERATE ACT OR NEGLIGENCE).
In order to pay for any content you will be offered two options:
i. Either use your credit or debit payment card for each single payment. Card details will not be stored by CHC; CHC do not store any financial information. All transactions are made on our behalf by Stripe, compliant with the Payment Card Industry Data Security Standards (PCI-DSS) and the Payment Application Data Security Standards (PA-DSS). For debit card payments, the following cards are accepted: American Express, Maestro, Mastercard and VISA.
ii. Or, use an e-wallet facility by registering via the PayWizard payment service and link your PayWizard account to your CHC account.
You shall ensure that the information provided by you at registration shall be accurate and current. You can change this information at any time via the Website.
If you want to terminate your registration please contact CHC at firstname.lastname@example.org and CHC will delete your registration.
Your registration details shall be protected by encrypted software.
B) Age Restriction: You must be aged 18 or over to use the CHC Services.
C) Viewing Period: When you rent Content you are permitted access during the 48 hour period from the time the contract for the purchase of such Content is formed in accordance with section 3.K (“Viewing Period”).
D) Territory: The CHC Service is only available to customers who have an address located in the United Kingdom, The Republic of Ireland, the Channel Islands, the Isle of Man, Gibraltar, Malta and St Helena and including all their respective territories (“Territory”) and with a debit or credit card registered at that address. You may not stream or attempt to stream any content from anywhere outside the Territory or to use any technology to obscure or disguise your location. You acknowledge that CHC may use technologies to verify your location.
E) Usage Rules:
i. You may access the CHC Services and the Website only via authorised devices, which may include a computer entertainment system, a personal computer, a mobile tablet, an internet enabled television, home video equipment or another authorized device capable of receiving the CHC Services (each a “Device”). Content providers may stipulate restrictions relating to the number and type of Devices which may access particular content. CHC will use its reasonable endeavours to inform you of any such restrictions. CHC Services are presently only available on select Android Devices due to security issues.
ii. The CHC Services are currently available on a number of platforms or applications such as BT TV, Amazon Fire TV, Virgin (via Virgin Media TiVo box), Samsung Smart TV, Freesat, Apple TV and mobile applications on Apple and selected Android devices. Therefore your access to the CHC Services may require you to use another service, electronic guide, platform, portal or network gateway integrated with or used by your Device, which may be operated by a third party. Where this is the case, access to such services will be subject to terms and conditions imposed by the third party. You should read and understand the terms and conditions of such third party before you access those services, which are not the responsibility of CHC. If you encounter any difficulties using those services or have any complaints then you should contact the third party provider.
iii. It is your responsibility to ensure that you are able to comply with the minimum system requirements set out at section 3.G below. To the extent permitted by law, CHC accepts no responsibility for any lack of functionality and/or failure to provide any of the CHC Services that is due to your equipment not complying with the minimum system requirements.
iv. CHC does not guarantee that the CHC Services, the Website or any of the Content is virus free. CHC recommends that you install virus protection or similar protective software on your Devices.
v. You are responsible for making all arrangements necessary for you to have access to the CHC Service or the Website and for all connection and other charges incurred in visiting and accessing the CHC Services or the Website.
vi. Subject to your payment of any applicable fees (including relevant taxes) for access to Content and your compliance with these Terms, CHC grants you a non-exclusive, non-transferable, non-sub-licensable, limited license during the applicable Viewing Period to access and view the Content for Personal, Non-Commercial Use only (“Limited License”) by streaming the Content to the Devices as set out in section 4.F below. As used in these Terms, “Personal, Non-Commercial Use” means the viewing of such Content where no fee or other payment or consideration of any kind (other than the initial payment you make to access the Content) is charged or received, which takes place in your private home or, if outside your private home (for example in an office, hotel, airplane, airport) is limited to private viewing by yourself and specifically excludes any public presentation even if no payment is charged. Except for the Limited License described above you may not, without limitation, copy, reproduce, republish, transmit, retransmit, post, edit, modify, record, commercially exploit, broadcast, download, communicate to the public or distribute in any manner the CHC Services, the Content, the Website or its webpages or materials or the computer codes of elements comprising the CHC Services.
vii. You understand and agree that any and all content on the CHC Services, including without limitation the Content, text, photos, scripts, artwork, images, sounds, music, trailers, data and metadata, interactive features and other copyrightable materials and the like and the trademarks, service marks and logos contained therein (“Protected Content”) are owned or controlled by CHC or licensed to CHC by content providers who own such Protected Content and are protected by the laws of England and Wales and of other applicable jurisdictions. Nothing in these Terms or your usage of the CHC Services entitles you to any rights in any of the Protected Content on the CHC Services.
viii. Any use other than that allowed under section 3.E. (vi) is strictly prohibited and no other use by you may be undertaken without CHC’s prior written authorisation.
F) Number of Devices: You may access Content on up to 10 different Devices owned by yourself. CHC reserves the right to change the number of Devices you can access the Content on at its sole discretion.
G) Minimum system requirements: In order to access Content, your Device will need to comply with the following minimum system requirements:
Internet Explorer 11 and Windows 8.1
Edge and Internet Explorer 11 on Windows 10
Safari (from version 9.1 onwards) on Mac OS X 10.11 and above (El Capitan)
Mozilla Firefox (version 47 onwards)
Google Chrome (version 35 onwards)
Windows Vista and above
OS X 10.5.7 and above
Apple iOS 9 and above
Samsung Smart TV - 2013 models and above
Virgin Media Tivo service
Amazon FireTV and Stick
Android - selected Devices only
Apple TV - 4th generation boxes 9.0 and above
Google Chromecast compatible
H) Suspending/Deleting your account: CHC reserves the right to suspend, restrict or terminate your access to the CHC Services and/or Content anytime without notice if CHC has reasonable grounds to believe that you have breached any of these Terms. This shall not limit CHC’s right to take any other actions against you that CHC considers appropriate to defend its rights or those of other persons.
CHC may terminate your registration and account at its sole discretion. CHC will notify you at the email address you gave upon registration if it does so.
I) Security: The Content is protected by Digital Rights Management security. You agree not to attempt to circumvent any such security measures implemented by CHC in respect of the Content.
J) Advertising: CHC may include such advertising, promotions, promotional bannering on the Website and as part of the CHC Services as it shall determine in its sole discretion.
K) Placing an order: To purchase certain Content on the CHC Services, you must place an order by hitting the “Watch Film” icon, which will take you to the order confirmation screen, which will ask to select your payment option. If you are paying via Paywizard then you will be requested via an additional step to enter your PIN in order to place your order. If you select the debit/credit card option you will be required to input the payment details. It is your responsibility to ensure that you have checked the details of your order carefully before confirming your order. Your order constitutes an offer to us to purchase access to Content, and we may or may not accept your order in our discretion. Where we accept your order, we shall notify you of our acceptance by transferring you to our order acceptance screen ("Order Acceptance Screen"). The order will only be accepted (and the resulting contract between you and us will only be formed) when we transfer you to the Order Acceptance Screen. A summary of the information contained in the Order Acceptance Screen will also be emailed to you at the email address you gave upon registration. Contracts may only be concluded in English.
L) Membership discount: If you hold certain types of Curzon Cinemas memberships you may be entitled to a discount on the CHC Services. You can find information about membership at http://www.curzoncinemas.com/membership. Registering for a free Curzon Home Cinema account does not automatically register your details for a paid Curzon Cinemas Membership.
M) Technical Issues: If you experience any technical problems in using the CHC Services please contact our customer service team via: Live Chat service on www.curzonhomecinema.com or email email@example.com
4. Customer Restrictions
You agree that you will not assist any third party to or attempt to:
A) Copy, sell, rent, lease, re-distribute, broadcast, sublicense, transfer, reproduce, transmit, modify, alter, emulate or assign any right to the Content or the Website in any way edit, modify translate or create derivative works or adaptations of the Content;
B) Remove any proprietary notices or labels on the Content or Website:
C) Disable, bypass, remove, change, modify, deactivate, impair or otherwise circumvent any safeguards, encryption, security measures, copy protection technology or other digital rights management system in which any of the Content is protected or which is otherwise incorporated on the Website, in the CHC Services, Devices or Content;
D) use the Content, the CHC Services and/or Website for any illegal or commercial purposes;
E) Duplicate or otherwise reproduce any content (including without limitation the Content) contained on the CHC Services or Website in any physical form or medium or memory or device now known or hereafter devised;
F) Damage, hack, crack, copy, reverse-engineer reproduce, decompile, disassemble or otherwise interfere with the Website, CHC Services or Content.
If you in any way fail to comply with the above restrictions, you agree to pay all damages incurred by CHC. CHC will cooperate with the authorities in prosecuting you if you breach these restrictions or otherwise attempt to defraud CHC or any other parties through your use of the Website, CHC Services or the Content. CHC reserves the right to take any action CHC may deem appropriate in its sole discretion with respect to violations or enforcement of the Terms and CHC expressly reserves all rights and remedies available to CHC at law or in equity.
5. Content Availability
A) CHC reserves the right to change the CHC Services, the Website and the content of the Website including without limitation the Content from time to time as it shall determine. CHC makes no guarantees that any particular item of Content will be available for any period of time.
B) From time-to-time there will be curated content as part of the CHC Services. Any comments, views and opinions made in relation to such curated Content are not the views of CHC. Inclusion of such curated content and any related materials including without limitation commentaries, views and opinions on the Website and/or CHC Services does not imply any endorsement of such the material or any of the views, opinions and comments contained therein and CHC shall in no way be responsible for such Content.
A) General: All prices are inclusive of any applicable taxes (including VAT). Payments in relation to the CHC Services must be made via debit or credit card payments or through the e-wallet facility PayWizard. For PayWizard payment, you will have to set up a separate account through the PayWizard website and such payments will be governed by the terms and conditions which govern the PayWizard website and registration. CHC will not store any personal data that PayWizard shall collect for your registration on PayWizard. The only personal data that CHC will store is the personal data that you have given CHC on your opening of your CHC account (i.e. names, email, postcode). When you register with PayWizard you will have to confirm that the credit card you are registering is your own. Please see PayWizard terms and conditions at www.paywizard.com/index.php/legal. You should read these terms and conditions carefully before registering with PayWizard.
B) Voucher / Discount to purchase price: CHC, in its sole discretion, may from time to time offer vouchers for reductions in the price of accessing Content on the CHC Services or the opportunity to watch a specific film for no charge. Details of and conditions on how to redeem such vouchers will be provided at the relevant time (e.g. may be time limited, quantity limited etc).
C) Cancellation and Refunds: You may cancel your purchase of the CHC Services at any time up to the expiry of 14 days after the day on which the contract was formed in accordance with section 3.K above. To cancel a purchase, you just need to let CHC know that you have decided to cancel. By writing an e-mail to CHC at firstname.lastname@example.org or contact CHC’s Customer Services team by telephone on 0330 500 1331 or by post to Curzon Cinemas Ltd, 22 Stukeley Street, London WC2B 5LR. If you are e-mailing CHC or writing to CHC please include details of your order to help CHC to identify it. If you send CHC your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send CHC the e-mail or post the letter to CHC. For example, you will have given CHC notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail CHC before midnight on that day. Where you have exercised your right to cancel in accordance with this section 6.C, CHC will refund you the price you paid for the CHC Services to the PayWizard account you used to pay. If you used vouchers to pay for the CHC Services we may refund you in vouchers. Please note that your right to cancel shall not apply in the event that you have already commenced streaming of the applicable Content.
7. SATISFACTORY QUALITY / Technical Issues / Complaints
A) As a consumer, you have legal rights in relation to the provision of Content which is (a) not of satisfactory quality, not fit for the purpose of watching or not as described; or (b) CHC is unable to supply the Content to your Amazon Fire TV devices, Freetime by Freesat set top box, Samsung TV or Virgin TiVo box. If you experience any of the above when using the CHC Services, please use the Live Chat customer service available on the Website for immediate assistance or contact email@example.com. The Live Chat customer service or our email support will ask you to provide certain of your details to verify the information on your account and identify the issue. You may be entitled to (i) repair or replacement of the Content unless it is impossible, it is disproportionate, it would take an unreasonable amount of time, or it would cause you significant inconvenience; or to (ii) price reduction and in the case of failure to supply as set above in 7.A(b), reduction of the full amount of the price you paid. CHC will pay all price reduction within fourteen (14) days of agreeing to do so, via the same payment method unless otherwise agreed.
B)These legal rights are not affected by your right of return and refund in section 6.C above or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
C) If it can be ascertained that the Content caused damage to other digital content or your device, CHC will repair the damage at its cost within reasonable time and without significant inconvenience or compensate with an appropriate payment.
D) If you have any complaints, please contact firstname.lastname@example.org or Live Chat, we will respond to a complaint within ten (10) working days and give a substantive response within twenty (20) working days. If you wish to complain about CHC’s substantive response, please contact Ofcom within twenty (20) working days by submitting its complaint form http://stakeholders.ofcom.org.uk/broadcasting/on-demand/complain. Alternatively, for any complaint you can contact Ofcom by telephone on: 0300 123 3333 or 020 7981 3040. If you have a text phone you can call 020 7981 3043 – please note that this number only works with special equipment used by people who are deaf or hard of hearing. Alternatively, you can contact Ofcom by post at the following address:
2a Southwark Bridge Road
London SE1 9HA
If the dispute is not resolved after a complaint is made to Ofcom, CHC will (1) confirm that it cannot settle the complaint with you; (2) provide you with the details of a certified provider of Alternative Dispute Resolution services (“ADR”) competent to deal with the complaint, and (3) confirm whether CHC has to use such ADR provider. If you and us do agree to use an ADR provider, you have twelve (12) months to submit a complaint, otherwise the ADR provider may refuse to deal with it.
CHC currently provide the details of this ADR provider: ADR Group
160 Fleet Street
Email address: email@example.com
Further information can be found here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show
8. Links To Curzon Cinemas Website and Other Websites
The Website or CHC Services display and/or may provide links to other websites from time to time. You agree that these links are only being provided for your convenience only. CHC has no control over any third party websites and is not responsible for the content of such websites. Inclusion of links on the Website does not imply any endorsement of such website or the material contained therein or any association with their operators and CHC shall in no way be responsible for the content of such websites. CHC is not responsible for the availability of such websites. You agree that CHC will not be liable to you in respect of any aspect of your accessing such websites and/or any loss or damage which you may suffer by using those websites. If you decide to access linked websites, you do so at your own risk. Without limitation CHC will not be liable in respect of any information on any such websites or any purchases, transactions or agreements you may enter into on such websites. You agree that you will not involve CHC in any complaint or dispute between the third party responsible for the relevant website and yourself.
Limitation of Liability. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract. You agree not to use the Content 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. Nothing in these Terms shall operate to limit or exclude liability for death or personal injury caused by negligence of CHC, or CHC’s fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
Indemnity. You agree to indemnify CHC for any loss or damage that may be incurred by CHC, including without limitation legal fees, arising from your use of the Content, Website or CHC Services or your use of any information obtained through the Website otherwise than as permitted by these Terms.
Events beyond CHC’s control. CHC will not be liable or responsible for any failure to perform, or delay in performance of, any of CHC’s obligations under any contract with you that is caused by any event, act, omission or circumstance beyond CHC’s reasonable control ("Force Majeure Event"). A Force Majeure Event includes any strike, lock-out or other industrial action (other than by CHC staff), 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, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks (including the world wide web) and the acts, decrees, legislation, regulations or restrictions of any government). CHC’s performance of any contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and CHC shall have an extension of time for performance for the duration of that period. CHC shall use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which CHC’s obligations under the contract may be performed despite the Force Majeure Event. If CHC is prevented from, or delayed in, performance of any contract with you by any Force Majeure Event for a continuous period of more than 30 days, either party may terminate such contract with immediate effect on written notice, in which case neither party shall have any liability to the other party (but without affecting any rights and remedies that arose before such termination).
Severability. If any part, term, or provision of these Terms shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
Assignability. You may not assign, sub-license or otherwise dispose of any of your rights under these Terms. Without limiting the foregoing, any contract formed in accordance with section 3.K is binding on you and CHC and on CHC’s respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of any contract with CHC (or any of your rights or obligations under it) without CHC’s prior written consent.
Third-party rights. These Terms are not intended to confer, and do not confer, any rights or remedies on any person other than the parties to these Terms, except that any Curzon group company may enforce any right or remedy expressly conferred on such Curzon group company under these Terms.
Law and Jurisdiction. These Terms shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English Courts.
OFCOM / Regulator
CHC is an On-demand programme service ("ODPS") and is regulated in the UK under rules set out in Part 4A of the Communications Act 2003 by the communication regulator, OFCOM.
Contacting CHC: If you believe that you are the owner of the copyright or other rights in any material(s) appearing on the Website or part of CHC Services, or if you have any other problem or complaint about CHC Services or posted materials, please contact us at firstname.lastname@example.org or Curzon Cinemas Ltd, 22 Stukeley Street, London WC2B 5LR.
These Terms were last updated on 13th April 2017.