TERMS OF USE
Welcome to Curzon Home Cinema (“CHC”) your virtual cinema, your theatre at home to watch category defining independent and foreign language films, provided by Curzon (Curzon Cinemas Limited (Reg No.00283280), 20-22 Stukeley Street, London, WC2B 5LR, UK).
CHC includes a secure cloud based high-definition video on demand platform on a “per individual buy” temporary basis to you in the Territory (as defined below). CHC is available to internet-connected devices and also via a number of applications (e.g. Amazon Fire TV and Stick, mobile applications) to access and view digitised versions of feature films, documentaries and other digital content (collectively “Content”).
These Terms of Use are subject to change from time to time, without prior written notice and such changes will apply to any purchases made after such changes have been posted. Please read these Terms of Use before each purchase to understand your legal rights, remedies and obligations; if you do not agree to these Terms of Use, do not place any order.
On our help page, you will find useful information and find help:
Frequently Asked Questions (“FAQ”)
Chatbot here to help you 24⁄7
Live chat customer service feature is available to you during Mon-Fri 8am to 9pm then weekend 9am to 8pm, outside these hours you may email us.
1. Getting ready
1.1. Registration:
To place an order to watch any Content, please register for a personal CHC account via the website or any third party services giving access to CHC. Select a password (keep it safe as per 1.4 “Security” below) and provide the information on the registration form. All data provided to us will be treated in accordance with the Privacy Policy. Once you have created an account you will have to log in to your account each time before you can view Content on CHC Service. By registering you are confirming that you are 18 years of age or older. If you are aged between 16 and 18, please ask your parent(s) or guardian(s) to register; these Terms of Use are for the attention of your parent(s) or guardian(s) who remain liable to us on your behalf for the use you make of CHC. Your account may be used to place an order on CHC or on Curzon Cinemas (e.g. to buy cinema tickets).
1.2. Placing an order:
Clicking on the “Watch Now” to rent or, if available, any other order option(s) such Offline viewing icon will allow you to place an order, select your preferred payment method and proceed by entering your payment details. It is your responsibility to check the details of your order and payment carefully before confirming your order. Your order constitutes an offer to rent Content on CHC which we may or may not accept, at our discretion. Orders that are accepted will be notified to you by way of our order acceptance screen (“Order Acceptance Screen”), resulting in a contract formed between you and us. A summary of the information contained in the Order Acceptance Screen will also be emailed to you at the email address you gave us upon registration. Contracts may only be concluded in English.
1.3. Paying for your order
1.3.1. Payment methods – you can pay via debit or credit cards, via digital wallet accounts that you hold (e.g. PayPal, Apple Pay, Google Pay), via available membership credits or voucher codes.
1.3.2. If a payment is not successfully settled, you remain responsible for any uncollected amounts.
1.3.3. We may in its sole discretion offer vouchers for reduction of the price. Details on the condition for the redemption of such vouchers will be provided at the relevant time.
1.3.4. All prices are inclusive of VAT. Prices may be adjusted from time to time in our sole and absolute discretion.
1.4. Security your account:
You will keep your password and your username/password combination (“Credentials”) secure and will not to allow anyone else to use them, especially anyone under the age of 18 years old without your supervision. YOU ARE FULLY RESPONSIBLE AND LIABLE FOR ALL ACTIVITY CARRIED OUT UNDER YOUR ACCOUNT (WHETHER BY YOURSELF, BY SOMEONE UNDER YOUR CARE OR BY ANYONE WHO HAS BECOME AWARE OF YOUR CREDENTIALS THROUGH YOUR DELIBERATE ACT OR NEGLIGENCE). You will notify us immediately if you become aware of or suspect any unauthorised use of your Credentials.
1.5.
You will not create additional registration accounts for the purpose of abusing the functionality of CHC or to seek to pass yourself off as another user.
2. Service
2.1. Service availability:
CHC is available at homecinema.curzon.com
2.2. Viewing window:
The Content you rent on CHC is available for a period of 30 days (from Order Acceptance Screen) during which you can start your viewing over a period of 48 hours (from the start of your viewing).
2.3. Device:
2.3.1. Authorised device: You may access CHC only via authorised devices, which may include computer, mobile tablet, internet enabled television, home video equipment or other authorised device capable of receiving CHC (each a “Device”). CHC is presently only available on select android Devices due to security issues.
2.3.2. Device number limitation: you may have up to 5 registered Devices and may deregister 1 of your Devices per 30-day period.
2.3.3. Content providers may request stricter restrictions relating to the number and type of Devices to be in place . We will use reasonable endeavours to inform you of any such restrictions.
2.3.4. System requirements: to access the Content, your Device will need to comply with minimum system and security requirements, please refer to our FAQ.
2.4. Territory:
CHC 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 and St Helena and including all their respective territories (“Territory”) and with a debit or credit card registered at that address. Except where portability features are expressly made available for the Content you ordered before leaving the Territory, 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 we may use technologies to verify your location.
2.5. Promotion and advertising:
We may, in our sole discretion, offer from time to time voucher codes for reductions in the price of accessing Content on CHC or the opportunity to watch identified Content for no charge. Details of and conditions on how to redeem such vouchers will be provided at the relevant time (e.g. time limit, quantity limit etc).
2.5.1. We may include advertising, promotions, promotional bannering on CHC from time to time, at our sole discretion.
2.5.2. Promotion code: Any promotion code or offer provided on CHC or via any Device cannot be used in conjunction with any other promotion code or offer, past or present.
2.5.3. Joint promotions: we may offer promotions in conjunction with third parties which will require, if you would like to participate, that we share your personal information with such third parties. Please note that these third parties are responsible for their own privacy practices.
2.6. Customer support:
If you need any assistance using CHC please refer to our help page.
2.7. Content update:
The Content available on CHC is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features.
2.8. Offline Content:
Some Content may be available for temporary download and offline viewing (“Offline Content“) on mobile Devices. Limitations may apply to Offline Content (e.g. type of supported Devices, maximum number of Devices that can contain Offline Content, limited viewing period or countries where you can view Offline Content).
2.9. Quality of the service:
The quality of the display of the Content on CHC may vary by Device, it depends on a number of factors (e.g. your location, available bandwidth and/or your internet connection) (together “Your Connection”). Some Content may be available in high definition, subject to Your Connection and Device capacity. You are responsible for Your Connection and any associated costs.
2.10. Repair and maintenance:
Access to parts or all of CHC may be restricted from time to time to allow for repairs, maintenance or updating. We reserve the right to withdraw, take down or amend all or any part of CHC and/or Content at any time. We reserve the right to change, modify, suspend or discontinue CHC.
2.11. Third party software:
CHC is available via a third party software whose quality may vary depending on the Device (e.g. functionalities and features). The use of CHC is subject to third party licenses which will be kept up to date via automatic updates of CHC and its related third-party software.
2.12. Disclaimer:
We use reasonable efforts to include accurate and up-to-date information on CHC; however, we do not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up to date, or fit or suitable for any purpose. The Content and information on CHC is provided for your general information purposes only. It does not constitute technical, financial, legal advice or any other type of advice and should not be relied on for any purposes. Any reliance you place on any of such information is at your own risk, subject to any mandatory statutory requirement or your statutory rights.
2.13. Interactive Services:
Certain interactive functionalities may be made available on CHC from time to time (“Interactive Services”). Interactive Services may allow you to post your own ratings, comments or reviews in connection with your use of CHC (“Your Reviews”). By posting Your Reviews, 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 Your Reviews. You warrant and undertake to us that: (a) you have the right and title to post Your Reviews and to grant to us the rights and licences in respect of Your Reviews; (b) all Your Reviews shall be lawful and shall comply with all policies available on CHC; © none of Your Reviews 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 us 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 Your Reviews on CHC, the full duration of protection of Your Reviews. 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 Your Reviews. You acknowledge that Your Reviews does not represent our views. You accept that we are entitled to moderate Your Reviews and, without prior notice to you, to delete or remove them at our reasonable discretion. We are under no obligation to moderate, nor to pre-screen or approve Your Reviews that may be posted on CHC.
2.14. Feedback:
We appreciate hearing your feedback regarding CHC or otherwise; however, you agree not to share unprotected ideas, advertising or marketing or promotion suggestions, patent applications, models, prototypes, or any information, written or oral, especially if you regard them as confidential (“Feedback”). Any Feedback made to us is deemed to be our property and we will not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such Feedback.
3. Membership
We may, in our sole discretion, offer from time to time our membership scheme available to you. Our membership may be redeemed on CHC as well as in Curzon cinemas.
3.1. Our membership gives you access to a number of membership credits which may be redeemed on CHC to place an order. To do so please log in to your account, select the Content you would like to watch, press ”Watch Now”, your available membership credit will appear for you to use then press “Redeem”; alternatively, the pricing displayed will already take into account your membership discount, choose your preferred method of payment to proceed with your order.
3.2. Please visit our Membership Terms and Conditions for more information.
4. Account cancellation, abuse related suspension
4.1. Cancellation of your order:
4.1.1. You may cancel your purchase at any time up to the expiry of 14 days after receipt of the Order Acceptance Screen by contacting us (via our help page). If you used vouchers to pay, 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.
4.1.2. As a consumer, you have legal rights in relation to the provision of Content if it (a) is not of satisfactory quality, not fit for the purpose of watching or not as described; or (b) we are unable to supply the Content. If you experience any of the above, please contact us (via our help page). We will ask you to provide certain details to verify the information on your account and identify the issue but we will never ask you for your payment card details or to make a payment to resolve such issue. If you registered for CHC using a third party service (e.g., Amazon Fire TV or stick or similar account) and wish to cancel your purchase, you will need to do so through said third party. For certain payment methods, the issuer of your payment method may charge you a foreign transaction fee or other charges, please check with your payment method service provider for details.
4.1.3. 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 or refund. We will pay all price reduction within fourteen (14) days of agreeing to do so, via the same payment method unless otherwise agreed.
4.1.4. If it can be ascertained that the Content caused damage to other digital content or your Device (as defined in 2.3 below), you are also entitled to compensation for the damage caused or to get the damaged item repaired.
4.1.5. Legal rights: Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
4.2. Cancellation by us:
We reserve the right to suspend, restrict or terminate your access to CHC and/or to the Content anytime without notice if we have reasonable grounds to believe that you breached any of these Terms of Use. This shall not limit our right to take any other actions against you as we may consider appropriate to defend its rights or those of other persons, in our sole discretion.
5. Ownership
We control the rights to CHC and the Content. We and our licensors reserve all rights. CHC is made available to you for your personal and non-commercial use only.
5.1. Limited use:
The use of any Content, information or materials on CHC other than as provided in these Terms of Use is strictly prohibited.
5.2. Protection of the Content:
The Content is protected by technology safeguards (e.g. Digital Rights Management) (“Content Protection”). You agree not to archive, reproduce, distribute, modify, display, deep-link, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these Terms of Use) the Content and/or any information contained on or obtained from or through CHC. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the Content Protection; use any robot, spider, scraper or other automated means to access CHC; remove any proprietary notices or labels on the Content; decompile, reverse engineer or disassemble any software or other products or processes accessible through CHC; insert any code or product or manipulate the Content on CHC or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with CHC, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of CHC if you violate these Terms of Use or are engaged in illegal or fraudulent use of CHC. If you in any way fail to comply with the above restrictions, you agree to pay all damages we incur. We will cooperate with the authorities in prosecuting you if you breach these restrictions or otherwise attempt to defraud us or any other parties through your use of CHC or the Content. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of these Terms of Use and we expressly reserves all rights and remedies available to us at law or in equity.
5.3. Contacting us:
If you believe that you are the owner of the copyright or other rights in any material(s) appearing on CHC, please contact us (via our help page).
6. Third party services
6.1.
While using CHC, you may have access to services provided by third parties. We are not responsible for such services, which are governed by the third parties’ own applicable terms and conditions. Please read them carefully.
6.2. Hyperlinks:
Links to other websites may be provided from time to time, for your convenience only. We are not responsible for the content of such websites and do not endorse such websites or the material contained therein. You agree that we will not be liable to you in respect of any aspect of your accessing such websites, lack of access and/or any loss or damage which you may suffer by using those websites. If you decide to access linked websites, you agree to do so at your own risk and that you will not involve us in any complaint or dispute between the third party responsible for the relevant website and yourself.
7. Agreement
7.1. Limitation of Liability.
If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use 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 contract. To the extent permitted by law, we will not be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your order or use of CHC, even if we were aware or has been advised of the possibility of such damages. You agree not to use the Content for any commercial, business or resale purposes, therefore we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Notwithstanding anything to the contrary contained herein, our liability to you will at all times be limited to the amount paid by you when placing your order up to a limit of £1,000 except in the event of death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law. You acknowledge that if no amount is paid by you when placing the order, you shall be limited to injunctive relief only unless otherwise permitted by law, and you shall not be entitled to damages of any kind from us, regardless of the cause of action.
7.2. Indemnity.
You agree to indemnify us for any loss or damage that we may incur, including without limitation legal fees, arising from your use of the Content or CHC or your use of any information obtained through CHC other than as permitted under these Terms of Use.
7.3. Events beyond our control.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract with you that is caused by any event, act, omission or circumstance beyond our 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, pandemic, 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). Our performance of any contract with you is deemed to be suspended for the period that the Force Majeure Event continues, we shall have an extension of time to perform our obligation so affected for a duration equal to that of the Force Majeure Events. We shall use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event. If we are prevented from, or delayed in, performing of any contract with you by any Force Majeure Event for a continuous period of more than 30 days, either of us may terminate such contract with immediate effect on written notice, in which case neither of us shall have any liability to the other party (but without affecting any rights and remedies that arose before such termination).
7.4. Severability.
If any part, term, or provision of these Terms of Use 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.
7.5. 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 1.2 above is binding on you and us and on our successors and assigns. You may not transfer, assign, charge or otherwise dispose of any contract with us (or any of your rights or obligations under it) without our prior written consent.
7.6. Third-party rights.
These Terms of Use are not intended to confer, and do not confer, any rights or remedies on any person other than you and us, except that any Curzon group company may enforce any right or remedy expressly conferred on such Curzon group company under these Terms of Use.
7.7. 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.
7.8. 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.
8. Contact Us
8.1. Help page:
On our Help page, you will find useful information and find help:
Frequently Asked Questions (“FAQ”) Chatbot here to help you 24⁄7 Live chat customer service feature is available to you during Mon-Fri 8am to 9pm then weekend 9am to 8pm, outside these hours you may email us.
8.2. Registration information:
CURZON CINEMAS LIMITED (Registration No.00283280 – incorporated in England and Wales), 20-22 Stukeley Street, London, WC2B 5LR, England (“Curzon”).
9. Complaints
9.1. If you have a complaint, please contact us at [email protected] or Live Chat via our help page, 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.
9.2. 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:
OFCOM VOD Complaints 5th Floor Riverside House 2a Southwark Bridge Road London SE1 9HA
9.3. If the dispute is not resolved after a complaint is made to Ofcom, Curzon 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 Curzon 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. Curzon currently provide the details of this ADR provider: ADR Group Address: 160 Fleet Street London, EC4A2DQ United Kingdom
Contact information Email address: [email protected] Website: www.consumer-dispute.co.uk Phone: 02036005050 Further information can be found here