Corporate Sales and Fulfillment Terms and Conditions
The following Corporate Sales and Fulfillment Terms and Conditions (the
"Terms and Conditions") govern the relationship between you and
Cineplex Entertainment LP ("Cineplex", "we", "our",
"us") regarding the creation of an Account (as defined below),
and/or the purchase or Corporate Products, as defined below. By
submitting an application to create an Account and/or by submitting an
order, you agree to be bound by the Terms and Conditions.
Corporate Products and Purchasing Terms
Cineplex corporate products include, but are not limited to, paper
based corporate certificates ("Certificate(s)"), plastic gift
cards, including Custom Cards (as defined below) ("Gift
Card(s)) and any other product that Cineplex may make available
to you (collectively referred to as "Corporate Products").
Prices and Quantity
Prices of the Corporate Products and/or discounts applied to the
purchase of Corporate Products are subject to change without notice.
All currency expressed herein is in Canadian dollars. The price and/or
discount quoted are not guaranteed until payment is received in full.
Cineplex shall have no obligations to provide you with advance notice of
any changes to the price and/or discounts applied to Corporate
Products. However, we may, but have no obligation to, contact you
prior to processing your order if a change in price and/or discount will
Each order must meet the minimum order requirements before orders will
be processed. Cineplex reserves the right to limit the number and
dollar value of the Corporate Products ordered.
- Payment must be made in full prior to any order being processed.
Your shipping address will determine the applicable sales taxes.
- Prices are subject to change without notice.
- Payment may be made by Visa®, American Express®, MasterCard®,
cheque, bank drafts, money order, or electronic funds transfer
- A processing fee of $15.00 (plus applicable taxes) shall be added
to each order.
With the exception of custom and rush orders, orders placed using a
credit card are typically shipped within 3 to 5 business days after
payment has been received in full. Orders paid for by cheque will be
processed within approximately 10 business days after the cheque has
cleared. Cheques must be issued by the Entity (as defined below).
Personal cheques in the name of the Account Holders (as defined below)
or any other individual will not be accepted.
All forms of payment must be made within thirty (30) days from the
receipt of your Order Confirmation (as defined below). Cineplex may, in
its sole discretion cancel or refuse to process any order for which
payment has not been received in the above noted time frame.
Orders must be submitted online via the Website and must be submitted
under the Account Holder. You must login to your Account and complete
the details. You will receive a confirmation email which will contain
the order number (the "Order Confirmation").
Ordering Custom Gift Cards
You shall be permitted to customize the Gift Card templates provide
Cineplex with customized elements, including but not limited your
organizations name, logo, tag line, image or other text (the
"Customized Elements") to produce custom Gift Cards ("Custom
Cards"). Regardless of the Customized Elements received by you, the
Cineplex name and logo will be applied to the front of each Custom Card.
Customization of the Custom Card shall apply to the front of the card
only. By ordering Custom Cards, you, in your capacity to bind the
Entity, hereby grant Cineplex with a limited license to use the
Customized Elements for the sole purpose of creating the Custom Cards.
Cineplex will provide you with production specifications for visual
verification before the Custom Cards are produced (the "Proof
Sheet"). You shall be responsible for reviewing and approving the
Proof Sheet and once you have approved it, no additional changes to the
Custom Card may be made.
Nothing contained herein, nor acceptance of the order or issuance of the
Proof Sheet obligates Cineplex to process the request for Custom Cards
if Cineplex, in its sole discretion, deems the Customized Elements to be
contrary to Cineplex's business interests or infringes or appears to
infringe the rights of any third party. Cineplex shall advise you in
writing if Cineplex deems the Customized Elements to be unacceptable.
In the event Cineplex, in its sole discretion, refuses to process the
request for the Custom Cards for any reason, Cineplex shall refund all
monies paid by you.
Cancellation of any order must be in writing and must be received by
Cineplex prior to the shipment of the Cineplex Products. Refunds will
not be issued once the Cineplex Products have been shipped to you.
For Custom Cards, written notice must be received before production of
the Custom Cards has begun. Refunds will not be issued if the order is
cancelled after the approved Proof Sheet has been received by Cineplex,
regardless of whether they have been shipped to you or not.
Re-selling of Corporate Products
Resale of Corporate Products is not permitted without the express written permission of Cineplex, and at no time shall you or the Entity be permitted to resell Corporate Products at a lower price than paid to Cineplex or Gift Cards at a price other than face value of the Gift Card. It is your sole responsibility to act in accordance with these terms and if you fail to abide by this term, Cineplex has the express right to cancel all Corporate Products purchased by you without reimbursement.
If Cineplex discovers that Corporate Products purchased through your Account are being re-sold without our consent, Cineplex may cancel unredeemed Certificates or require that all Corporate Products in your possession be returned to us at your cost and expense. Cineplex shall be under no obligation to accept any Corporate Products it believes were re-sold contrary to the provisions of this Agreement. Furthermore, Cineplex will not be responsible for the loss, financial or otherwise, this may have on you or anyone to whom Corporate Products have been resold by you if in violation of these Terms and Conditions.
Promotional Request and use of the Cineplex Brand
All requests to use Corporate Products for promotional purposes
(including, but not limited to, contests and dinner and a movie
promotions) and/or use Cineplex's name and/or logo (for any purpose)
must be submitted in writing to Cineplex for approval prior to the
beginning of the promotion, which may be withheld in the sole discretion
of Cineplex. If approval is granted, you may be required to enter into
a separate agreement regarding the permitted use of Corporate Products
and/or a trademark license agreement. If approval is granted, all
marketing materials which incorporate Cineplex name and/or logo must be
approved by Cineplex prior to its release. To obtain permission please
Shipment of Cineplex Products
In the event Corporate Products are lost, stolen or destroyed during
transit from Cineplex, or its designated distribution centre, Cineplex
shall take full responsibility for replacing the Corporate Products. Any
losses occurring after the Corporate Products have been delivered to you
shall be your sole responsibility.
Neither Corporate Products nor their value is refundable or replaceable
once shipment has been made. Expired Certificates are non-exchangeable
if unused prior to expiry date stated on the back, unless required to do
so by law. You may only return Gift Cards that are defective or are
reasonably expected to not or do not perform as intended. Cineplex has
the right to test and determine whether the Gift Cards in question are
defective and malfunctioning prior to issuing a refund/reissuance of the
Certificates Terms and Conditions
Cineplex will honour the Certificates by providing the services outlined
on the product themselves, subject to the terms and conditions on the
back of the Certificates. Certificates hold no cash value and must be
exchanged at a Cineplex theatre for the specific service identified on
the Certificates itself. Except in Quebec and where prohibited by law, certificates will expire approximately two years from the date of issue. Certificates are
NOT valid at Alliance Atlantis Cinemas. Neither the Certificates nor
their value is replaceable or refundable if lost, stolen, used without
permission and are non-exchangeable if unused prior to expiry date
stated on the back, unless required by law.
Corporate Products may also be subject to any restrictions imposed by
the distributor of a motion picture being exhibited from time to time at
any Cineplex theatre and Cineplex shall not bear any liability for costs
associated with these restrictions.
Gift Card (including Custom Gift Cards) Terms and Conditions:
Gift Cards are subject to the terms and conditions on the back of the
card themselves. They hold cash value which will be accepted at all
Cineplex theatres for the purchase of admission tickets, concessions and
merchandise and applicable taxes on the Website (some restrictions may
apply). Gift Cards are NOT valid at Alliance Atlantis Cinemas and are
not redeemable for other Gift Cards or cash, unless required by law.
Neither the Gift Card nor its value is replaceable or refundable if
lost, stolen or used without permission. Cineplex may, at its sole
discretion, replace damaged Gift Card.
Gift Card appearance may differ from image shown on store.cineplex.com.
Gift Card design is available while quantities last and Cineplex cannot
guarantee the availability of your design preference at the time an
order is placed.
Establishing an Account
Each business or organization must establish a primary account (the
"Primary Account(s)") with the option to add additional accounts
("Secondary Account(s)"). Primary Account(s) and Secondary
Account(s) are collectively referred to an "Account(s)"). Accounts
must be registered in the legal name of the business or organization
(the "Entity") and be established by an individual who has the
authority to create the Account on behalf of the Entity, and bind the
Entity to these Terms and Conditions and any orders submitted under the
Account (either the "Primary Account Holder" or the "Secondary
Account Holder", collectively referred to as the "Account
Holders"). Each Account Holder must submit his or her name and
contact information, including email address; at the time he or she
submits an application to create an Account. Account Holders
acknowledge that the Primary Account Holder will have the ability to
review all orders submitted under each Secondary Account and to view any
changes to the Account registration details, including but not limited
to the name of the Secondary Account Holder for each Secondary Account.
Verification of Account Holder Information
Cineplex reserves the right to verify that the Accounts were established
by an individual(s) that has the authority to bind the Entity to the
Terms and Conditions and any orders submitted under the Account(s) and
that the information provided on the Account opening forms is accurate.
Until such verification is complete to Cineplex's sole satisfaction, we
shall have no obligation to process any order form and/or may close the
Account(s) in question.
Change of Account Holder Status
In the event that an Account Holder is replaced with another individual
or no longer has the authority to bind the Entity to these Terms and
Conditions, the Entity shall be responsible for updating the Account
Holder's information or deactivating the Account in question. Once the
name of the Account Holder has been changed, that individual shall be
deemed to be bound to these Terms and Conditions and shall be
responsible for orders submitted under the Account in question going
forward. Notwithstanding anything contained herein, and regardless of
whether the Entity updates the Account Holder's name, the Entity shall
remain solely responsible for all orders submitted under the Account.
User name and password
Your Account may only be accessed when you use your confidential login
name and password (collectively referred to as your "login
information"). For security reasons, you must keep your login
information confidential and not disclose it to any person or permit any
other person to use it. Cineplex recommends that you choose a password
that is unique to you and not easily guessed by others. You and the
Entity are solely responsible and liable for any use and misuse of your
login information and for all orders submitted under your login
information. You must immediately notify Cineplex of any unauthorized
use of your login information, or if you know or suspect that your login
information has been lost or stolen or otherwise compromised.
incorporated into these Terms and Conditions by reference (the "Privacy
collection, use and disclosure of your personal information. By
establishing an Account and/or submitting an order, you acknowledge that
Cineplex.com Terms and Conditions
By establishing an Account and/or submitting an order through
Cineplex.com (the "Website"), you acknowledge and agree that you
Terms and Conditions by reference. If at any time you do not agree to
if applicable, delete your Account.
You acknowledge that regardless of whether your Account has been
established, Cineplex shall have no obligation to process any order if
we, in our sole discretion, determine that you or the Entity has
violated these Terms and Conditions. Cineplex shall have the right to
immediately and without notice, terminate or suspend your Account in
order to protect our business interests or in the event that the Account
has not been used for a period of more than 24 months.
You shall have the right to cancel your Account at any time.
Termination and/or suspension of the Primary Account shall immediately
result in the termination or suspension of any and all Secondary
Accounts established under the Primary Account, regardless of whether
termination and/or suspension were initiated by the Primary Account
Holder or Cineplex. Termination and/or suspension of a Secondary
Account shall only affect the Account in question and shall have no
impact on the Primary Account and/or other Secondary Account also
established under the same Primary Account.
Trademark, Copyright and Intellectual Property Rights
All trademark, copyright and other intellectual property, including, but
not limited to, images (including images of the Cineplex Products
themselves), illustrations, video clips, audio clips or articles posted
on the Website, in print or other online publication, are either the
property of Cineplex and/or its various subsidiaries or affiliated
companies (the "Cineplex IP") or the property of a third party, for
which Cineplex has been granted permission to use (the "Third Party
IP"), and are protected under applicable copyright, trademark or other
intellectual property laws or other laws of Canada.
You shall have no right to use either the Cineplex IP or the Third Party
IP or the contents of the Website, in whole or in part, without the
express written permission of Cineplex or the rightful owner of the
Third Party IP. All Entities requesting the right to use the Cineplex
IP may be required to enter into a separate license agreement and must
adhere to the guidelines set forth by Cineplex. Cineplex reserves the
right to request that you remove all references to and stop using the
Cineplex IP at any time and for any reason. You are advised that
Cineplex will aggressively enforce its intellectual property rights and
the protection of the intellectual property rights of others to the
fullest extent of the law, including the seeking of criminal
Any unauthorized use of the Cineplex IP or Third Party IP may result in
the immediate cancellation of your Account and Cineplex's refusal to
process current or future orders. In the event that this section of
the Terms and Conditions is violated by a Secondary Account Holder,
Cineplex may, in its sole discretion, terminate the Primary Account and
any and all addition Secondary Accounts established under the Primary
You acknowledge that Cineplex is not authorized to grant you the right
to use the Third Party IP in whole or in part. Should you wish to use
the Third Party IP, it is advised that you contact the lawful owner(s)
of said material and obtain their express written permission.
Representations, Warranties and Indemnities
Any illegal, fraudulent, deceptive or other misuse of the Cineplex
Products by you or the Entity, at Cineplex's option, shall deem your
Account to be in violation of these Terms and Conditions and Cineplex
shall have the right to pursue any and all remedies available to it at
law against you and/or the Entity regarding such misuse.
You and the Entity shall hold Cineplex harmless against any and all
losses, liabilities, claims, damages and expenses resulting from your or
the Entity's use and/or misuse of the Cineplex Products or the violation
of these Terms and Conditions.
You represent and warrant that you have the authority, granted by the
Entity, to (a) establish the Account; (b) place orders for Cineplex
Products on behalf of the Entity; and (c) enter into this agreement on
behalf of the Entity and bind it to these Terms and Conditions. These
terms and conditions shall be binding upon you, and the Entity and the
Entity's successors, heirs, and/or permitted assigns.
You acknowledge and agree that Cineplex assumes no liability whatsoever,
including without limitation, liability for any expense, loss, cost,
injury, damage, accident or any other matter or thing whatsoever,
however suffered or caused (including compensatory, incidental,
indirect, special, punitive, consequential or exemplary damages or
damages for loss of income or profits), directly or indirectly arising
out of or related to the goods or services provided by Cineplex under
these Terms and Conditions.
Changes to the Terms and Conditions
Cineplex may change these Terms and Conditions at any time. In the
event that you do not agree with the changes to the Terms and Conditions
your sole option is to terminate your Account. Placing an order after
the changes are in effect shall be deemed your acceptance to the new
Terms and Conditions.
Governing laws: These Terms and Conditions and any subsequent orders
shall be governed by the laws of the Province of Ontario, Canada. You
consent and submit to the exclusive jurisdiction of the courts located
in the City of Toronto, in the Province of Ontario, Canada, in all
disputes arising out these Terms and Conditions and any subsequent
Severability: These Terms and Conditions shall be deemed severable. In
the event that any provision is determined to be unenforceable or
invalid, such provision shall nonetheless be enforced to the fullest
extent permitted by applicable law, and such determination shall not
affect the validity and enforceability of any other remaining
Entire agreement: These Terms and Conditions constitute the entire
agreement between us relating to the subject matter hereof, and
supersede any prior understandings or agreements (whether electronic,
oral or written) regarding the subject matter, and may not be amended or
modified except by Cineplex as set forth above.