Website terms and conditions
This agreement applies as between you, the User of this Web Site and My Cinema Limited, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
My Cinema means My Cinema Limited, 7 Coopers Way, Temple Farm Business Park, Southend-on-Sea, Essex, SS2 5TE;
Service means collectively any online facilities, tools, services or information that My Cinema Limited makes available through the Web Site either now or in the future;
System means any online communications infrastructure that My Cinema Limited makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
User/Users means any third party that accesses the Web Site and is not employed by My Cinema Limited and acting in the course of their employment; and
Web Site means the website that you are currently using www.mycinemauk.com and any other domains of this site unless expressly excluded by their own terms and conditions.
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of My Cinema, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
Subject to the exception outlined below, you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by My Cinema.
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of My Cinema or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.mycinema.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of My Cinema. To find out more please contact us by email at [email protected] or telephone .
My Cinema makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
Availability of the Web Site
The Service is provided as is and on an as available basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
My Cinema accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
To the maximum extent permitted by law, My Cinema accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
Nothing in these terms and conditions excludes or restricts My CinemaÃ¢â€žÂ¢s liability for death or personal injury resulting from any negligence or fraud on the part of My Cinema.
Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [email protected]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction
These terms and conditions and the relationship between you and My Cinema shall be governed by and construed in accordance with the Law of England and Wales and My Cinema and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Conditions of sale
Quotation: This quotation will remain open for a period of three months from the date of our quotation. Thereafter, our offer is subject to confirmation and we reserve the right to amend or withdraw our quotation.
Quantities: We reserve the right to review our rates in the event of quantities varying from those on which our quotation has been based.
Payment Terms: New customers will be on a Pro-Forma basis initially. Unless otherwise stated in the quotation, our terms are strictly payable within 30 days from the date of the invoice for account customers.
Exchange Rates: Where goods purchased involve importation, the actual amount payable will be subject to adjustment in accordance with any currency exchange rate variances between date of quotation and date of payment. Rates can only be fixed upon receipt of payment.
Interest: We reserve the right to charge interest at 10% per month on overdue accounts.
Title: All goods and materials supplied by us shall remain our property (notwithstanding that such goods and materials may have been delivered to the site and/or have been incorporated in the works) until we have received payment in full for all sums due by you to us. Until the transfer of title, we shall be entitled to recover our goods or materials at any time and you are hereby deemed to have given us any such approval, as may be required, to enter any site in order to recover the same.
Variations: Any variations to orders must be made in writing. Additional costs may be applied depending on the variations and the current progress of the order at that time.
Cancellation: Any cancellation of orders must be made in writing. Charges will be applied for any work undertaken, or any special materials produced for that order and for any other costs or expenses incurred up to the date of cancellation, including surveys and samples. Cancellation for confirmed bookings for installers or other site workers must be made at least 72 hours in advance, otherwise full day rates or night rates will be charged.
Delivery and Inspection: All goods should be inspected on receipt of order. Any claims should be made in writing within 24 hours. It should be noted that any minor variations in wood finish colours have to be deemed as acceptable.
Acceptance: Acceptance of this quotation implies acceptance of our Conditions of Sale and Conditions of Installation, which shall remain binding unless otherwise agreed to by us in writing.
Contract: The contract between us shall be governed by and constructed in accordance with the laws of England and Wales. The parties agree to submit to the exclusive jurisdiction of the English courts.
Conditions of Installation
Where Installation is part of the quotation – To ensure that our customers receive the best product, the best installation and so the best final result, we at My Cinema require that the following conditions are met prior to the installation of My Cinema seating products. We will contact you well before installation to ensure that the above requirements are being met. We will then also carry out a final survey prior to installation.
Access – Direct motor vehicle access to the site and uninhibited and uninterrupted access to the appropriate room(s) is required. The room(s) must be free of hindrances that could obstruct the installation work (i.e. scaffolding). Additionally it is required that electricity and proper lighting are available. If the building is equipped with a lift, it too must be available to the fitters.
Floor Surface – Regardless of the floor type, the floor surface must be free of any irregularities that could obstruct proper installation of the seating. Additionally, any degree of incline must correspond to our agreed specifications.
Fixing to the Floor – In order to determine the type of fixings required, we must be informed of the type of flooring present (concrete, plywood, carpet etc) also the floor must be capable of Ã¢â‚¬ËœholdingÃ¢â‚¬â„¢ the fixingsÃ¢â‚¬â€this is of particular concern with wood flooring. The said flooring must be completed prior to the seating installation with any necessary tests carried out. Plywood flooring is to consist of two 18mm sheets cross laid. We are not responsible for any problems arising from the fixings due to an unsuitable floor, sub-floor or floor-covering.
Handover – Should further construction or installation work follow the installation of My Cinema products, the condition of the seating must be evaluated and recorded immediately by a qualified person prior to that works commencement.
Note: My Cinema reserves the right to invoice the customer for any additional costs incurred due to any absence of the above requirements.