HOYTS Business Portal - Terms of Use

Welcome to HOYTS Business Portal. HOYTS Business Portal allows our corporate customers to purchase Vouchers, Gift Passes and Gift Cards from us.

Please read this document carefully. It sets out legally binding provisions which regulate your use of HOYTS Business Portal (including any desktop and mobile versions of it) and the Products that we make available through it. Our Products are also subject to our Product Terms at hoyts.com.au/pages/terms-and-conditions. Please note that before placing an order for any Products on HOYTS Business Portal, you will be asked to agree to these Terms of Use. If you refuse to accept these Terms of Use, you will not be able to order any Products from HOYTS Business Portal.

To assist you, we have prepared summaries of our Terms of Use at the start of each section below. The summaries are not a substitute for reading the operative provisions of our Terms of Use (i.e. those at the start of each section below). The operative provisions of Our Terms of Use are legally binding. Our summaries are not legally binding, and do not limit the scope or operation of the operative provisions.

Operative Provisions

1. Acceptance and modification of these Terms of Use

Summary: By using HOYTS Business Portal, you are deemed to have agreed to our Terms of Use. We may change our Terms of Use from time to time.

  1. You may only access, browse and use HOYTS Business Portal (including any desktop and mobile versions of it) and purchase Products through HOYTS Business Portal if you accept these Terms of Use. By accessing, browsing and/or using HOYTS Business Portal, and/or by placing any order for Products through HOYTS Business Portal, you will be deemed to have confirmed that you have read and understand, and wholly and unconditionally agree to be legally bound by, and accept, these Terms of Use and any information linked to from these Terms of Use (including our Product Terms and Privacy Policy).
  2. We may modify and/or replace these Terms of Use from time to time.
  3. We will always upload the latest version of these Terms of Use to this webpage.
  4. If you do not accept these Terms of Use, you must not and cannot use HOYTS Business Portal or any part of it.

2. Definitions and Interpretation

Summary: Capitalised terms in these Terms of Use are defined in this clause.

2.1. Definitions

  • Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
  • Brandtix means a product advertised by us on HOYTS Business Portal as “Brandtix” as an add-on to an E-Voucher which permits limited customisation of certain graphical elements of the E-Voucher artwork.
  • Business Day means Monday - Friday excluding public holidays in New South Wales.
  • Business Hours means 9:00am - 5:00pm on Business Days.
  • E-Voucher means a product advertised by us on HOYTS Business Portal as an “e-voucher” or “e-cinevoucher” or “e-CineVoucher”, that can be exchanged for a movie ticket by the holder of the product, subject to the applicable Product Terms.
  • Gift Card means a product advertised by us on HOYTS Business Portal as a “Gift Card” or e-Gift Card” that can be exchanged for a movie ticket or other HOYTS goods or services by the holder of the product subject to the applicable Product Terms.
  • Gift Pass means a product advertised by us on HOYTS Business Portal as a “gift pass”, “cine gift pass” or “e-cine gift pass” or “e-CineGiftPass” that can be exchanged for a movie ticket by the holder of the product, subject to the applicable Product Terms.
  • Candy Bar Voucher means a product advertised by us on HOYTS Business Portal as a “candy bar voucher or e-candy bar voucher” that can be exchanged for a food or beverage item at a HOYTS cinema by the holder of the product, subject to the applicable Product Terms.
  • Movie Ticket Voucher means a product advertised by us on HOYTS Business Portal as a “voucher”, “e-voucher”, “cine voucher” or “e-cine voucher” or “e-CineVoucher” that can be exchanged for a movie ticket by the holder of the product, subject to the applicable Product Terms.
  • Voucher means a Movie Ticket Voucher or Candy Bar Voucher (as applicable).
  • GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
  • HOYTS Business Portal means the HOYTS Business Portal web portal, the homepage URL of which is [insert webpage] and also includes any content, images, text and other information appearing on any page or screen of the portal and any source code and object code in the portal.
  • HOYTS Business Portal Account means your account on HOYTS Business Portal that is setup when you register on HOYTS Business Portal.
  • Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
  • Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
  • Non-Excludable Guarantee means a non-excludable guarantee implied into these Terms of Use by the Australian Consumer Law or any other applicable law.
  • Personal Property Securities Register means the Personal Property Securities Register established under the Personal Property Securities Act 2009 (Cth).
  • Privacy Policy means our Privacy Policy located at hoyts.com.au/pages/privacy-policy
  • Products means Vouchers, Gift Passes and Gift Cards
  • Product Terms means the terms and conditions located at store.hoyts.com.au/terms-and-conditions
  • Registered User means a corporate or other legal entity whose registration on HOYTS Business Portal is accepted by us.
  • Terms of Use means the terms and conditions set out on this webpage, as amended by us from time to time.
  • we, our and us means The HOYTS Corporation Pty. Limited ACN 006 082 551 of Level 50, 680 George Street, Sydney NSW 2000 Australia.
  • you means you, the person who accesses HOYTS Business Portal for any reason, whether or not you are a Registered User of HOYTS Business Portal, and where you access HOYTS Business Portal using any HOYTS Business Portal Account, it also refers to the holder of that HOYTS Business Portal Account.

2.2. Interpretation

  1. Headings and underlinings (and the summaries at the start of each section of these Terms of Service) are for convenience only and do not affect the construction of these Terms of Service.
  2. A provision of these Terms of Use will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party's legal representative prepared the provision.
  3. Unless specified expressly to the contrary, currency refers to Australian dollars.
  4. A reference to a statute or regulation includes amendments thereto.
  5. A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms of Use.
  6. A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
  7. A reference to time is to time in New South Wales.
  8. A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
  9. The words “includes”, “including” and similar expressions are not words of limitation.

3. Unregistered users

Summary: You cannot order Products on HOYTS Business Portal until you become a Registered User.

  1. Unregistered users of HOYTS Business Portal may not order Products through HOYTS Business Portal and may only access HOYTS Business Portal to register for a HOYTS Business Portal Account.

4. Registration

Summary: Your registration on HOYTS Business Portal is subject to our approval. You and your company are both responsible for your or their breach of our Terms of Use and for the security of your login credentials.

  1. Registration on HOYTS Business Portal for a HOYTS Business Portal Account is only available to corporations registered in Australia or New Zealand.
  2. We reserve the right to accept or reject any registration on HOYTS Business Portal in our absolute discretion.
  3. If you submit an application to register on HOYTS Business Portal, you:
      1. will be deemed to have irrevocably warranted that during the application process you provided truthful and accurate information only;
      2. will be deemed to have irrevocably warranted that you applied for registration on HOYTS Business Portal on behalf of and with the authority and consent of any corporation whose name you entered into the HOYTS Business Portal account registration form for that corporation to be registered as a Registered User on HOYTS Business Portal and for it to be legally bound by these Terms of Use;
      3. will be deemed to have irrevocably agreed to be jointly and severally liable for any breach of these Terms of Use by that corporation.
  4. You must ensure that you provide a valid email address at the time of registration.
  5. We reserve the right to send an email to you with a hyperlink which requires you to verify that you are the owner or operator of the email address entered by you during registration and to cancel/not approve your registration on HOYTS Business Portal if your rights to the email address are not so verified, or where you do not satisfy any of our other eligibility criteria.
  6. If any of your contact details or other information which you provide during the registration process change, you must promptly update your registration details in your HOYTS Business Portal Account with your up-to-date details and information.
  7. You must not provide your HOYTS Business Portal Account name or the password for your HOYTS Business Portal Account to any person. You agree and acknowledge that you shall be solely responsible for the confidentiality of your username and password and any use of your HOYTS Business Portal Account (including unauthorised use).
  8. You must immediately notify us if you become aware of any unauthorised use of your HOYTS Business Portal Account.

5. Ordering and paying for Products

Summary: You can order and pay for Products via HOYTS Business Portal by adding the Products to your shopping cart and checking out. Minimum quantities apply to certain orders.

  1. Our shopping pages on HOYTS Business Portal will guide you through the steps you need to take to place a Product order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
  2. To purchase a Product you must complete the online ordering process, which requires you to:
      1. select the Product(s) you wish to order and in the case of Gift Cards, selecting the amount you wish to be loaded onto each Gift Card;
      2. nominate a method of delivery;
      3. provide billing and delivery details. Delivery is only available to one address for all Products purchased in a single order.
  3. If you choose to include a message with any Products order, it is your responsibility to make sure your message is not unlawful, obscene, defamatory, indecent, offensive or inappropriate. Although we are not obliged to review your message, we reserve the right to refuse to include your message if it falls into any of the aforementioned categories.
  4. From time to time, a Product card design that you select may become unavailable. If this occurs we will send you the relevant Product with an alternative design.
  5. When purchasing Vouchers from HOYTS Business Portal, you must purchase a minimum of 50 Vouchers with your order. No minimum quantities apply with respect to any other Products.
  6. Any order placed by you via HOYTS Business Portal will constitute an offer to purchase the Products specified in the order for the prices specified on HOYTS Business Portal. After you place an order for any Products via HOYTS Business Portal, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. We will only be deemed to have accepted your order if we issue an Acceptance Confirmation in respect of the order as described in clause 5.7.
  7. If we accept your order, we will confirm our acceptance to you by sending you an e-mail that confirms that the order has been accepted with a purchase reference number (that must be provided when making any enquires in relation to the order) (Acceptance Confirmation). A contract between you and us for your purchase and our supply of the Products specified in your order will only be formed when we send you the Acceptance Confirmation.
  8. All Products purchased on HOYTS Business Portal are subject to the applicable Product Terms. You should consider the applicable Product Terms of each Product in deciding whether to acquire Products from us.
  9. If you provide any Product purchased from HOYTS Business Portal to another person, you must ensure that the recipient of the Product is aware of and agrees to the Product Terms and the relevant expiry date.
  10. Orders will be dispatched by us as soon as reasonably practicable and will be delivered by Australia Post to Australian and New Zealand business street addresses only. PO Boxes are not accepted. We do not guarantee delivery dates. All mail is subject to Australia Post timings and terms and conditions. We take no responsibility for orders damaged or lost in transit, or for late, lost or misdirected mail and will not replace or refund value for Products that are lost, stolen, delayed or damaged in transit.

6. Order cancellation

Summary: Orders can only be cancelled in limited circumstances.

  1. We are not obliged to accept your order and may accept or reject your order, or cancel and deactivate your Products if your registration is deemed fraudulent, if the Product is unavailable, payment is not received, if there is an error in your order, or we reasonably suspect you to be using HOYTS Business Portal in breach of these Terms of Use.
  2. If we are unable to supply you with a Product (Non-Suppliable Product), because the Product is not in stock or no longer available, we will inform you of this by e-mail and we will not process your order. If you have already paid for Non-Suppliable Products, we will refund you the full amount including any delivery costs charged as soon as possible.
  3. It is always possible that, despite our reasonable efforts, some of the Products on HOYTS Business Portal may be incorrectly priced. If we discover an error in the price of the Products advertised on HOYTS Business Portal you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled. Please note that we do not have to provide Products to you at any incorrect (lower) price.
    1. You cannot cancel an order after we issue Acceptance Confirmation in respect of the order.
    2.  
  4. We reserve the right to cancel an order and/or to place a stop on and/or to deactivate the relevant Products the subject of any order if:
      1. your order is not accepted at the nominated delivery address;
      2. we believe (or reasonably suspect) that your order is fraudulent or you have otherwise breached these Terms of Use or any Product Terms;
      3. we believe (or reasonably suspect) that you have used or will use the Products for a fraudulent or unlawful purpose;
      4. you report that the Products have not been delivered, have been stolen or damaged in transit.
  5. The Products can be exchanged for HOYTS products and services in accordance with the relevant Product Terms by any person in possession of the Products. You should therefore ensure that you the Products are not provided by you to persons who are not the intended recipients of the Products. We are not obliged to cancel or deactivate any Products that we have supplied to you as a result of your inadvertent or mistaken distribution of the Products to any person. Risk of loss of any Products passes to you when we dispatch the Products from our premises or computer systems or servers.

7. Pricing and Payment Options

Summary: You can pay us online through HOYTS Business Portal, by credit card over the telephone or by electronic funds transfer into our account. We don't control the payment gateway used on HOYTS Business Portal and we are not responsible for it or its security practices.

  1. Each Registered User must pay the fees and charges set out on HOYTS Business Portal (or as otherwise agreed between us and the Registered User in writing) for each Product purchased through HOYTS Business Portal (Product Fees), plus any GST that is applicable in respect of the supply of the Products to the Registered User. Any applicable GST is payable at the same time as the Product Fees.
  2. You must pay the total amount of the sale plus any delivery and handling fees as indicated on HOYTS Business Portal and any fees associated with using a credit card (MasterCard, Visa and American Express) as indicated on HOYTS Business Portal.
  3. Payment for Products can be made to us:
    1. when making an order, by using your credit card via a third party Payment Gateway integrated into HOYTS Business Portal that we use to process payments made to us via HOYTS Business Portal;
    2. following you submitting an order via HOYTS Business Portal, and receiving an invoice from us, by telephone to us using your credit card or via electronic funds transfer into our nominated bank account.
    3. We will not process your order until payment.
  4. Any payment made pursuant to clause 7.3(b) must be made within 7 days of the date of the order made via HOYTS Business Portal.
  5. By making an order for Products, you represent and warrant that:
    1. you are 18 years of age or over and you are authorised to use the credit card that is being used to make the purchase; and
    2. all of the information you provide to us is accurate and complete.
  6. You indemnify us for all losses, costs, expenses or damages that we may suffer if:
    1. any of the information you provide to us is not correct;
    2. any representation or warranty you make proves to be untrue; or
    3. you breach any provision of these Terms of Use or any applicable Product Terms.
  7. We utilise a third party payment gateway provided by Westpac Banking Corporation ABN 33 007 457 141 (Payment Gateway) to process payments made to us via HOYTS Business Portal.
  8. If you are, or if you become a Registered User, each time you make a payment using the Payment Gateway you will be deemed to have acknowledged, understood and agreed:
      1. that the Payment Gateway may be affected by delays, defects, faults and/or other matters which render the Payment Gateway unusable. These matters may be caused by factors including technical difficulties with the performance or operation of our or the Payment Gateway's software or hardware or due to problems or malfunctions with the Internet or other telecommunications networks;
      2. that except in respect of any Non-Excludable Guarantees, we do not warrant, guarantee or represent that unauthorised access to information and data cannot occur, and that we are not responsible for the performance or non-performance of the Payment Gateway;
      3. that you have relied on your own independent assessment and judgment in determining whether the Payment Gateway meets your requirements; and
      4. acknowledged, understood and agreed to the privacy policy of the Payment Gateway provider, copies of which are available on the Payment Gateway provider website.
  9. You must pay all costs associated with accessing HOYTS Business Portal, including internet access costs, web browser and computer and smartphone equipment costs, telecommunications costs, data costs, roaming charges and, if you are a Registered User, Product Fees.

8. Availability of HOYTS Business Portal

Summary: HOYTS Business Portal might go offline from time to time.

  1. Subject to clauses 8.2, 8.3 and 8.4, while you are a Registered User of HOYTS Business Portal, we agree to use our best endeavours to ensure that HOYTS Business Portal is available at least during Business Hours on Business Days.
  2. The availability of HOYTS Business Portal will be subject, in addition to any other provisions set out in these Terms of Use, to any planned and unplanned maintenance of HOYTS Business Portal and/or our hosting providers.
  3. You agree and acknowledge that the accessibility and use of HOYTS Business Portal is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which HOYTS Business Portal operates, interfaces with or connects to.
  4. We do not guarantee that HOYTS Business Portal or access thereto will be uninterrupted or error-free.

9. Usage Restrictions

Summary: We own HOYTS Business Portal and all IP in the platform. You cannot infringe our IP rights. You cannot on-sell, distribute or supply any Products that you obtain from HOYTS Business Portal without HOYTS's prior written consent.

  1. You may not make any use of HOYTS Business Portal except as permitted by these Terms of Use and may not do, or authorise the commission of, any act that would or might invalidate or be inconsistent with our Intellectual Property Rights in HOYTS Business Portal. Without limiting the foregoing provisions, you must not, under any circumstances, sell or resell access to HOYTS Business Portal or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicense, copy or duplicate HOYTS Business Portal or any content you obtain via HOYTS Business Portal. In addition, you must not, nor may you permit any person to:
    1. copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance HOYTS Business Portal and/or any content in HOYTS Business Portal (except as may be expressly permitted by the Copyright Act 1968 (Cth));
    2. do any act that would or might invalidate or be inconsistent with our Intellectual Property Rights or those of our licensors;
    3. use HOYTS Business Portal in any way that infringes our rights or the rights of any third party;
    4. use HOYTS Business Portal to create any product or service that competes with HOYTS Business Portal; or
    5. take any steps to circumvent any technological protection measure or security measures in HOYTS Business Portal.
    6.  
  2. You must not use HOYTS Business Portal or any part of HOYTS Business Portal in any way which is in breach of these Terms of Use or any statute, regulation, law or legal right of any person.
  3. You must not on-sell, distribute or supply any Products to any third party unless you have our prior written consent in each case. We may impose any conditions on the granting of any such consent that we deem to be appropriate in our absolute discretion. If you on-sell, distribute or supply any Products you must ensure that you do so in compliance with all applicable laws, regulations and codes of conduct. Without limiting the foregoing provisions, if you on-sell, distribute or supply any Products via email, you must ensure that you do so in compliance with the provisions of the Spam Act 2003 (Cth).
  4. If we have any reason to suspect any fraud or misuse of HOYTS Business Portal or of any Products by you, we may suspend or block your access to HOYTS Business Portal pending the outcome of any investigation that we may make with respect to the matter.

10. Acceptable use Policy

Summary: You cannot use HOYTS Business Portal for any illegal purpose or to violate any person's legal rights.

    1. using HOYTS Business Portal to violate all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited;
    2. using HOYTS Business Portal in relation to crimes such as theft and fraud is strictly prohibited;
    3. using HOYTS Business Portal in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of "pirated” software or otherwise, is strictly prohibited;
    4. introduction of malicious programs into our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited;
    5. revealing your account password to others or allowing use of your HOYTS Business Portal Account by others is strictly prohibited;
    6. using another person's name, username or password or otherwise attempting to gain access to the HOYTS Business Portal Account of any other person is strictly prohibited;
    7. using HOYTS Business Portal to make fraudulent offers of goods or services is strictly prohibited;
    8. using HOYTS Business Portal to carry out security breaches or disruptions of network communication is strictly prohibited. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access or corrupting any data. For the purposes of this paragraph, "security breaches" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
    9. using HOYTS Business Portal to execute any form of network monitoring which will intercept data not intended for you is strictly prohibited;
    10. using HOYTS Business Portal to circumvent user authentication or security of any of our hosts, networks or accounts or those of our customers or suppliers is strictly prohibited;
    11. using HOYTS Business Portal to interfere with or deny service to anyone is strictly prohibited;
    12. using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person's use of HOYTS Business Portal is strictly prohibited;
    13. sending unsolicited email messages through or to users of HOYTS Business Portal in breach of the Spam Act 2003 is strictly prohibited;
    14. using HOYTS Business Portal to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited; and
    15. use of HOYTS Business Portal in breach of any person's privacy (such as by way of identity theft or "phishing") is strictly prohibited.You agree that:

11. Confidentiality and Intellectual Property Rights

Summary: We own HOYTS Business Portal and all IP in HOYTS Business Portal. We also own all improvement suggestions that you make regarding HOYTS Business Portal.

  1. As between you and us, we own all Intellectual Property Rights in HOYTS Business Portal and the Products.
  2. You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to you.
  3. You have no rights in HOYTS Business Portal or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to you pursuant to these Terms of Use.
  4. You agree that any Intellectual Property Rights in any comments that you may provide to us in connection with HOYTS Business Portal or requests for new HOYTS Business Portal features (each, an Improvement Suggestion) becomes our sole and exclusive property immediately upon you uploading or posting that Improvement Suggestion to HOYTS Business Portal or otherwise providing the Improvement Suggestion to us, and you hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to us effective as soon as you provide each Improvement Suggestion to us or upload or post an Improvement Suggestion to HOYTS Business Portal, pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. You consent to the infringement by us and any third party we authorise, of all Moral Rights that you may have in any Improvement Suggestions.
  5. You grant us a non-exclusive, royalty-free licence to use any branding that you provide to us via HOYTS Business Portal (Customer Branding) for the purpose of applying that branding to one or more E-Vouchers ordered by you with any Brandtix add-on.
  6. You must not take any step to invalidate or prejudice our (or our licensors') Intellectual Property Rights in HOYTS Business Portal or otherwise. Without limiting the foregoing provisions, you must not register any security interest or purchase money security interest on the Personal Property Securities Register with respect to HOYTS Business Portal, or otherwise encumber or charge the rights granted to you by these Terms of Use.

12. Responsibility for third party claims

Summary: We are not responsible for any claims made by third parties.

  1. You agree and acknowledge that you are solely responsible for and you indemnify us in respect of any loss and damage we may incur in connection with any claims and/or complaints made by any third party where the claim is caused directly or indirectly by: 
      1. your use of HOYTS Business Portal;
      2. your Customer Branding; and/or
      3. your goods and/or services and/or your advertising and/or sales and/or marketing practices.

13. Hyperlinks

Summary: We are not responsible for third party sites.

  1. We do not represent, recommend or endorse any websites to which we have linked from HOYTS Business Portal via hyperlink or otherwise.

14. Liability

Summary: Our liability is limited.

  1. Except in respect of any Non-Excludable Guarantees, we do not represent that the information on HOYTS Business Portal is accurate, correct, up-to-date or error free.
  2. To the extent possible by law, we are not liable to you for any indirect, special or consequential loss or damage incurred by you, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.
  3. Except in respect of any Non-Excludable Guarantees, to the maximum extent permitted by law (and if permitted by law), we will not have any liability to you for any loss or damage howsoever incurred in relation to your use of or inability to use HOYTS Business Portal, with respect to any of the circumstances addressed in clause 12.1, or in connection with any Product.
  4. Any goods and services supplied by us through HOYTS Business Portal may come with implied non-excludable guarantees which are regulated by the Australian Consumer Law. The extent of the implied guarantees depends on whether you are a 'consumer' of goods or services within the meaning of that term pursuant to the Australian Consumer Law as amended. Where you are a 'consumer' for the purposes of the Australian Consumer Law, we are required to provide and shall be deemed to have provided the following mandatory statement to you: “our goods come with guarantees that cannot be excluded under the Australian Consumer Law. you are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. you are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
  5. If the goods or services supplied by us to you through HOYTS Business Portal are supplied to you in your capacity as a 'consumer' of goods or services within the meaning of that term in the Australian Consumer Law as amended you will have the benefit of certain non-excludable guarantees in respect of those goods or services and nothing in these Terms of Use excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods or services are subject to a non-excludable guarantee implied by the Australian Consumer Law and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to s 64A of the Australian Consumer Law, we limit our liability for breach of any such non-excludable guarantee implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by us to you, in respect of each of the goods and services, where it is fair and reasonable to do so, at our option, to one or more of the following:
    1. if the breach relates to goods:
      1. the replacement of the goods or the supply of equivalent goods;
      2.  
      3. the repair of such goods;
      4.  
      5. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      6.  
      7. the payment of the cost of having the goods repaired; and
    2.  
    3. if the breach relates to services:
      1. the supplying of the services again; or
      2. the payment of the cost of having the services supplied again.
  6. Any warranty against defects provided by us to you in your capacity as a 'consumer' under the Australian Consumer Law is in addition to your other rights and remedies under a law in relation to the goods or services to which the warranty relates.
  7. Except in respect of any Non-Excludable Guarantees, all conditions, warranties and guarantees implied in these Terms of Use are excluded.
  8. To the extent that our liability is not otherwise excluded by these Terms of Use, subject to any Non-Excludable Guarantees, our liability to you is limited to the aggregate sum of the Product Fees paid by you to us.

15. Termination

Summary: We or you can terminate your HOYTS Business Portal Account at any time.

  1. We may terminate these Terms of Use and your access to HOYTS Business Portal or any part of it at any time.
  2. We may take down or discontinue HOYTS Business Portal or any part of it or take HOYTS Business Portal or any part of it offline at any time.
  3. Termination of these Terms of Use and access to HOYTS Business Portal does not affect any of our or your accrued rights.
  4. The provisions of clauses 2, 3, 4, 6, 7, 9, 10, 11, 12, 14 and 15 and any other provisions which by their nature survive termination, shall so survive termination of these Terms of Use or termination of your HOYTS Business Portal Account.
  5. If you are a Registered User, you can terminate your HOYTS Business Portal Account at any time by requesting that we do so.

16. Notices

Summary: Notices between you and us are deemed to be delivered at different times, depending on how and when they are sent.

  1. Any notice issued to you from us or from you to us shall be in writing and issued by hand delivery or post. Where sent from us to you, we shall use your contact details contained in your HOYTS Business Portal Account.
  2. You may contact us or send a notice to us using our contact details that are specified on HOYTS Business Portal.
  3. Any notice issued by hand shall be deemed delivered upon delivery.
  4. Any notice issued by post shall be deemed delivered 3 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally.

17. General

  1. Summary: We reserve our rights.
    Other rights: All rights not expressly granted to us in these Terms of Use are expressly reserved by us.
  2. Summary: We reserve the right to change these Terms of Use.
    Amendment: HOYTS Business Portal and these Terms of Use may be amended by us at any time. Before placing an order for any Products on HOYTS Business Portal, you will be asked to agree to these Terms of Use. If you refuse to accept these Terms of Use, you will not be able to order any Products from HOYTS Business Portal.
  3. Summary: You cannot transfer your rights under these Terms of Use unless we approve the transfer. We can transfer our rights and obligations at any time.
    Assignment: You may not assign, transfer, license or novate your rights or obligations under these Terms of Use without our prior written consent. We may assign, transfer, license or novate our rights or obligations under these Terms of Use at any time.
  4. Summary: If part of these Terms of Use are not legally binding, the rest still are.
    Severability: If any part of these Terms of Use is deemed invalid by a court of competent jurisdiction, the remainder of these Terms of Use shall remain enforceable.
  5. Summary: We and you are not partners, employers or employees of each other.
    Relationship: You and us are independent contracting entities and these Terms of Use do not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise.
  6. Summary: Our liability is only limited to the extent permitted by law.
    Australian Consumer Law: The exclusions and limitations of liability set out in these Terms of Use shall apply to the fullest extent permissible at law, but we do not exclude or limit liability which may not be excluded or limited by law. Without limiting the foregoing provisions, we do not exclude liability under the Australian Consumer Law which is prohibited from being excluded.
  7. Summary: Unless otherwise agreed, these Terms of Use set out our entire agreement with you.
    Entire Agreement: These Terms of Use and any information linked to from these Terms of Use (including the Product Terms and our Privacy Policy), and any other written agreements that we may enter into with you regarding HOYTS Business Portal, constitute the entire agreement between you and us regarding your use of HOYTS Business Portal and to the extent possible by law, supersede all prior understandings, representations, arrangements and agreements between you and us regarding its subject matter.
  8. If we have entered into a separate written agreement with you regarding your use of HOYTS Business Portal, to the extent of any inconsistency between that agreement and these Terms of Use that agreement shall prevail.
  9. Summary: These Terms of Use will be subject to the law in force in New South Wales.
    Jurisdiction: These Terms of Use will be interpreted in accordance with the law in force in New South Wales. You and us irrevocably submit to the non-exclusive jurisdiction of the courts situated in New South Wales.
  10. Summary: If you have any questions please contact us.
    Contacting us: If you have questions or if you wish to make a complaint about the Products ordered via HOYTS Business Portal, please contact us by telephone or post using the contact details on the Contact Us section of HOYTS Business Portal.