STER-KINEKOR CLUB TERMS AND CONDITIONS

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1. TERMS AND CONDITIONS

1.1. These terms and conditions form the basis of the SK CLUB. They are intended to protect both you and Ster-Kinekor Theatres. It is your responsibility to read and understand them. Please pay special attention to all the terms and conditions printed in bold.

1.2. Every member is subject to these terms and conditions, which member is deemed to have read and unconditionally accepted.

1.3. Ster-Kinekor Theatres reserves the right in our sole discretion to withdraw, replace, vary, amend or add to these terms and conditions from time to time (including but not limited to the earning and burning of Points, participating cinemas), in which case the amended terms and conditions will supersede and replace any previous terms and conditions with effect from the date on which it is posted on this website. We will endeavour to give you advance notice of any changes prior to their implementation wherever possible. You will be bound by the latest terms and conditions posted on this website (which will replace any previous terms and conditions) each time you access and/or use this website, the Card, and/or interact or engage with Ster-Kinekor Theatres and your access/use/interaction constitutes acceptance of these terms and conditions as may be modified from time to time.

1.4. The SK CLUB Card may only be used in accordance with these terms and conditions.

1.5. These terms and conditions will prevail notwithstanding any publicity material published by Ster-Kinekor Theatres.

1.6. Please visit these terms and conditions on a regular basis to familiarise yourself with the latest version. We also recommend that you print and keep a copy of these terms and conditions for future reference if you have applied for a SK CLUB Card on Ster-Kinekor Theatres' website.

1.7. If you do not agree to these terms and conditions or any amendment to these terms and conditions you may terminate your membership at any time by writing to Ster-Kinekor Theatres at PO Box 76461, Wendywood, Johannesburg, South Africa, 2144 or e-mail us at skclub@sterkinekor.com stating that you no longer wish to be a member of the SK CLUB and you will be automatically removed from the SK CLUB.

1.8. Ster-Kinekor Theatres shall be entitled to sell, cede, assign, delegate or in any other way alienate or dispose of any or all of its rights and obligations under the SK CLUB without the prior approval of any member. Members may not sell, cede, assign, delegate or in any other way alienate or dispose of any or all of its rights and obligations under the SK CLUB.

2. DEFINITIONS

Unless a contrary intention clearly appears from the context, the following expressions shall have the following meanings:

2.1. "active member" means a member who has earned or spent Points on their SK CLUB Card within a consecutive 12 (twelve) month period;

2.2. "Base Points" means 100 (one hundred) Points which a member will earn when purchasing one movie ticket per transaction in accordance with these terms and conditions;

2.3. "Bonus Points" means additional Points awarded to members for certain promotional activities at Ster-Kinekor Theatres' discretion from time to time;

2.4. "burn" means the spending of Points by redeeming Rewards;

2.5. "Double Points" means twice the Base Points earned for the transaction;

2.6. "the Effective Date" means the 25th of November 2016

2.7. "Free Ticket" means a movie ticket which may be obtained by burning the stipulated amount of accumulated Points in accordance with these terms and conditions;

2.8. "General Terms and Conditions" means Ster-Kinekor Theatres' general terms and conditions set out on the Ster-Kinekor Theatres' website, www.sterkinekor.com, which includes our Privacy Policy, applying to customers' attendance at Ster-Kinekor Theatres’ Cinemas Complexes amended from time to time;

2.9. "Half-Price Tuesday" means 50% off 1 (one) movie ticket purchased by the member for each unique show time on any Tuesday including 3D movies, Cine Prestige, IMAX and movies in their first week of release;

2.10. "inactive Card" means a Card that has not been used for a period of 12 (twelve) consecutive months and no Points have been burned or earned in such time;

2.11. "Kick-start points" means the number of points earned by members upon sign up, which will be stipulated on the Membership Pack, amended from time to time;

2.12. "Mailer" means the movie mailer as well as other communication sent to SK CLUB Card holders who have subscribed and agreed to receive such movie mailer and communication from Ster-Kinekor Theatres;

2.13. "member" means a person who has validly consented to join and participate in the SK CLUB by filling in an application form and whose application has been accepted by Ster-Kinekor Theatres;

2.14. "Membership form" means the application form you complete online, at cinema or in your Membership Pack when you sign up to become a member of the SK CLUB;

2.15. "Membership Pack" means either the SK Club 2D, 3D, Seniors + or VIP membership pack;

2.16. "minor" means a person who is under the age of 18 (eighteen) years and who has not been emancipated and/or is a person lacking capacity;

2.17. "online" means either Ster-Kinekor Theatres' website, mobi site or via any Ster-Kinekor Theatres mobile phone application;

2.18. "Parent" means the parent of the minor or a person lacking capacity and includes a legal guardian;

2.19. "Participating Cinemas" means all Ster-Kinekor Theatres’ Cinema Complexes, including Cinema Nouveau and Cinema Prestige in South Africa only, except IMAX cinema’s where burning of Points will not be accepted;

2.20. "Points" means the currency used in the SK CLUB in accordance with these terms and conditions, which points are redeemable against certain stipulated Rewards and are valid for a 12 (twelve) month rolling-period from the date on which they are earned;

2.21. "Promotion" means selected items displayed at discounted prices as a special promotion or marked as being on or part of a promotional offering;

2.22. "Privacy Policy" means Ster-Kinekor Theatres' Privacy Policy set out at www.sterkinekor.com/privacypolicy which forms part of the General Terms and Conditions;

2.23. "Registered members" are members who have signed up and activated their Card providing Ster-Kinekor Theatres with the minimum information required;

2.24. "Reward" means any of the facilities, discounts, services or arrangements offered or available to a member from time to time as a result of membership in the SK CLUB including earning and spending points;

2.25. "sign up" means the completion of the member's personal information either online or at any Ster-Kinekor Theatres’ Cinema Complex at the Box Office Counter;

2.26. “activation” means linking your SK CLUB Card to your account;

2.27. "sign in" means logging in to your SK Club account;

2.28. “regrading” means movement from any tier in the SK Club to another;

2.29. “tier” means the existing or future levels within SK Club including, but not limited to Seniors +; VIP and Kids;

2.30. "SK CLUB" means the programme we offer to all qualifying customers who have applied for this programme, on these terms and conditions.

2.31. "SK CLUB Card" or "Card" means the Ster-Kinekor Theatres Club Card operated and issued by Ster-Kinekor Theatres containing a data storage magnetic strip/barcode issued to members of the SK CLUB;

2.32. "SK CLUB Partner" means any company or person who has contracted with Ster-Kinekor to offer Rewards to SK CLUB members from time to time;

2.33. "Ster-Kinekor Theatres" means Ster-Kinekor Theatres, a division of Primedia (Pty) Ltd, Registration number 2005/044403/07, a company incorporated under the laws of South Africa and having its physical address at the Ster-Kinekor Office Park, 185 Katherine Street, Sandton, Johannesburg, 2144.

2.34. "SST" means a Self Service Terminal which are located in all Ster-Kinekor Theatres Cinema Complexes which allows you to book movies and check your Points balance;

2.35. "System" means the computerised system and/or point of sales terminal utilised by Ster-Kinekor Theatres which accepts Cards and calculates Points, prints receipts and updates Ster-Kinekor Theatres' central computer system;

2.36. "terms and conditions" means these terms and conditions applicable to the SK CLUB, your Card and membership, as amended from time to time, and includes the General Terms and Conditions;

2.37. "our website" or "Site" means www. sterkinekor.com and includes the site www.sterkinekor.mobi.

2.38. "VAT" means the value-added tax payable in terms of the Value Added Tax Act of 1991, as amended;

2.39. "we", "us" and "our" means Ster-Kinekor Theatres;

2.40. "you" and "your" means the member of the SK CLUB;

3. INTERPRETATION

3.1. In this agreement, unless the context clearly indicates a contrary intention, expressions, which denote:

3.1.1. The singular shall include the plural and vice versa;

3.1.2. Any gender shall include the other genders;

3.1.3. Natural persons shall include a juristic person and vice versa;

4. THE SK CLUB

4.1. The SK CLUB is owned, operated and promoted by Ster-Kinekor Theatres, a division of Primedia (Pty) Ltd [Registration number 2005/044403/07].

4.2. Ster-Kinekor Theatres may without limitation and unilaterally change, replace, temporarily suspend or terminate the SK CLUB and SK CLUB Card at any time with immediate effect upon notice to the members.

4.3. In the event of termination for any reason whatsoever, members will forfeit any Points which you may have accumulated, without recourse.

4.4. Who qualifies?

4.4.1. The SK CLUB Card is available to all adults with a valid SA identity document and all minors with valid legal guardian or parental consent agreed to by signing the application form in the Membership Pack.

4.4.2. Membership is only available to individuals in their personal capacity and families, groups, companies, trusts, partnerships, other entities, government departments, agencies are not eligible.

4.4.3. The SK CLUB is not open to permanent or casual employees of Ster-Kinekor and their immediate families.

4.5. SK CLUB Membership

4.5.1. Membership is in Ster-Kinekor Theatres' sole discretion and we may accept or reject any membership application.

4.5.2. Membership will be established in your personal capacity and your name as it appears on the application form and as confirmed and/or amended on registration.

4.5.3. Only you may earn Points and redeem Rewards on your SK CLUB card.

4.5.4. Only one SK CLUB Card application per person will be accepted. If more than one Card has been assigned to a member in error, the accounts will be combined and the Points transferred to the new single account, less any duplicated Points from the same activity. If a Card has been assigned to two different members in error, the members will be given new Card numbers and allocated Points according to proven transactions by the member.

4.5.5. The SK CLUB Card will be issued on acceptance of application for membership.

4.5.6. Termination by Ster-Kinekor Theatres

4.5.6.1. Ster-Kinekor Theatres may terminate your membership at any time by written notice to such effect;

4.5.6.2. Membership shall terminate without notice if the member:-

4.5.6.2.1. dies or is sequestrated; or

4.5.6.2.2. fails to comply with these terms and conditions; or

4.5.6.2.3. fails to sign in within a period of 12 (twelve) months from the date of signing up; or

4.5.6.2.4. fails to use his/ her Card for a period of 12 (twelve) consecutive months; or

4.5.6.2.5. provides Ster-Kinekor Theatres or its representatives or agents with incorrect or misleading information relating to the SK CLUB; or

4.5.6.2.6. in any way abuses his membership or the SK CLUB Card; or

4.5.6.2.7. misuses any of the Rewards and/or services which are available to members from time to time; or

4.5.6.2.8. makes use of threatening, abusive or insulting language or behaving in a threatening, abusive or insulting manner when dealing with any Ster-Kinekor Theatres staff member or a patron of any Ster-Kinekor Theatres’ Cinema Complex.

4.5.7. Termination by You

4.5.7.1. You may terminate your membership at any time by giving written notice to Ster-Kinekor Theatres to such effect to skclub@sterkinekor.com or post to Ster-Kinekor Club, P.O. Box 76461, Wendywood, 2144.

4.5.7.2. If you applied for membership through a SK CLUB representative, you may also terminate your membership by giving written notice to Ster-Kinekor Theatres by e-mail to skclub@sterkinekor.com or post to Ster-Kinekor Club, P.O. Box 76461, Wendywood, 2144 within 5 (five) business days.

4.5.8. Where membership has been terminated by either Ster-Kinekor Theatres or you:

4.5.8.1. you/your representative must return the Card to us immediately;

4.5.8.2. you will forfeit any Points you may have earned on your Card.

4.5.8.3. in the event of illegal or fraudulent use of the Card, we reserve the right to lay criminal charges.

4.6. The Agreement

4.6.1. The member and Ster-Kinekor Theatres shall have a contractual relationship on the terms and conditions set out herein as well as our General Terms and Conditions regarding your interaction with us and ours with you. By signing the application form you shall be deemed to have accepted such terms and conditions. A Parent who has given consent to a minor by signing the application form shall be deemed to have accepted and assisted the minor in accepting such terms and conditions.

4.6.2. This Agreement may be cancelled by us in the circumstances referred to in clause Termination by Ster-Kinekor Theatres and by you in terms of clause Termination by You.

4.6.3. If any part of this Agreement is disallowed or held to be ineffective by any court or other competent body, the rest of the Agreement will not be affected.

5. SIGNING UP FOR THE SK CLUB

5.1. How do I sign up?

5.1.1. Membership Packs

5.1.1.1. Ster-Kinekor Theatres offers Membership Packs to new applicants and Seniors + Membership Packs to applicants 60yrs and above.3D glasses which are required to watch a 3D movie are not included and must be purchased separately by the member at his/her own cost.

5.1.1.2. VIP Membership Pack – A member who watches 15 (fifteen) different movies in a year will qualify for and be regraded to VIP membership status free of charge. The member will be contacted by SK CLUB and advised of his/her regrade. Arrangements will be made for the member to collect his/her new VIP Card at any Participating Ster-Kinekor Theatres Cinema Complex upon proof of valid identification.

5.1.1.3. Seniors + Membership Pack – The Card will be supplied to members over the age of 60 who have supplied Ster-Kinekor Theatres with a valid identity number at the time of application. Due to the nature of the Rewards earned by Seniors + members, the Seniors + Membership Pack does not earn points. If a member is in possession of the SK CLUB membership at such time, his/her existing SK CLUB membership will regraded. Any Points accumulated on the SK CLUB Card will have to be redeemed prior to regrading to the Seniors + CLUB programme and any Points not redeemed or unable to be redeemed will be forfeited with the receipt of the new Seniors + Membership Pack.

5.1.2. Eligibility for Membership Packs

5.1.2.1. SK CLUB – any new applicant may apply for membership;

5.1.2.2. Seniors + - any new and or existing member who is 60 years and over may apply for membership;

5.1.2.3. VIP – any existing member who watches 15 or more movies in a year will qualify for and be regraded to VIP membership status free of charge. The member will have to collect his/her new VIP Card at any Participating Cinema upon proof of valid identification. Your upgrade is calculated from the 1st date of the month you were upgraded to the 1st day of the same month in the next year. Once you are a VIP member you will remain a VIP member for a period of one year. In order to retain VIP member status you will need to watch 15 or more different movies in the VIP membership year. VIP members who retain their status will get double Kick-Start Points within 7 (seven) days of each VIP membership year. If you do not watch the stipulated minimum number of movies during the membership year to retain your VIP membership, you will automatically revert to being a normal SK CLUB member and will subsequently receive the normal SK CLUB rewards.

5.1.3. Sign Up

5.1.3.1. If you do not currently hold a SK CLUB Card and would like to become a member, you will need to make an application at any one of the Participating Cinemas.

5.1.3.1.1. Participating Cinema - complete all the fields in the application form on one of the Membership Packs at any Participating Cinema at the Box Office Counter by filling in your full name, date of birth, and contact details. If you are a minor, your parent is required to produce his/her identity document, contact details and sign the application form giving you consent to become a member. You will receive your Card at the time of joining. The Card will need to be activated by going to the SK website, under Clubs, click activate. Compete the form. You will receive a confirmatory e-mail, which contains a link for activation to be utilised to complete the sign up process for you to be able to receive the rewards.

5.1.3.2. Online - complete all the fields in the application form online for one of the Membership Packs by filling in your full details (Not available for minors and members applying for a Seniors + Membership Pack). You will receive an e-mail which contains a link for registration online which when selected, will direct you to the website to complete your Club activation Once you receive your Card it will immediately be activated for you to be able to receive the Reward. You will still be required to Sign-In to receive the additional Rewards stipulated in clause.

5.1.3.3. Only new applicants may fill in the application form in the Membership Pack. Members who want to have their Cards re-issued or replaced will not be eligible to make application for the new Membership Pack.

5.1.3.4. If you do not receive a SMS within 21 (twenty-one) business days of application to inform you that you have successfully applied for the SK CLUB, please send an e-mail to skclub@sterkinekor.com or contact Ticketline on 0861 MOVIES (668437)*.

5.1.3.5. On Sign up & Activation you will be entitled to the following Rewards:

5.1.3.5.1. Half-price Tuesdays

5.1.4. Sign In

5.1.4.1. Once you have signed up to be a member you have 3 months (90 days) to activate your Card and start earning Points, failing which, your Card will automatically expire.

5.1.4.2. Seniors + members DO NOT need to sign in. Seniors + Rewards are automatically available to the member upon sign in.

5.1.4.3. You can sign in to activate your Card at any one of the Participating Cinemas or online.

5.1.4.4. Participating Cinema - Upon signing up to be a member, you will receive a confirmatory e-mail, which you have provided containing a reference number and link. To apply in a Participating Cinema, you will require to produce the reference number to register your Card. You will be required to complete the registration with your identity number, and any other details you are requested to provide. The details you submit here will replace or correct your details supplied on the in store Membership Pack application form. Once the sign-in process has been completed, your additional Rewards will be available as detailed in clause The following Rewards will be applicable:

5.1.4.5. Online – Upon signing up to be a member, you will receive a confirmatory email, to the email address which you have provided. To apply online, you will be required to select the link, which will direct you to a website where your registration can be completed. You will be required to complete the registration with your identity number, and any other details you are requested to provide. The details you submit here will replace or correct your details supplied on the in store Membership Pack application form. Once the sign-in process has been completed, your additional Rewards will be available:

5.1.4.6. Online Profile

5.1.4.6.1. If you provide us with more information about yourself, we will be able to personalise our interaction with you and enable us to provide you with information around movies opening and to contact you with SK CLUB invitations and promotions.

5.1.4.6.2. You will be able to view your Points balance and keep your profile updated.

5.1.4.7. The following Rewards will be applicable:

Sign Up

Un-registered

Signed In (Registered)

   

Half Price Tuesdays

 

'Un-redeemable' Points

Kick Start Points

'Un-redeemable' Points

Membership Expiry

Double Points Thursdays

   

Redeemable Points

-

-

Discounted Online and Ticketline booking fees

5.2. Existing CLUB Card Members

5.2.1. Existing CLUB members will be required to Sign-in in order to qualify for the discounted rate, earning and burning of Points.

5.2.2. Existing CLUB members can, from the Effective Date, earn and burn Points. Existing CLUB members' membership can be terminated without notice if the member fails to use his/her card for a period of 12 (twelve) months and may forfeit any Points they may have earned.

5.3. Replacement Packs

5.3.1. SK CLUB, Seniors + and VIP members whose Cards have been lost, damaged or stolen or existing SK CLUB members can have their Cards immediately replaced at the Box Office Counter at any Participating Cinema on presentation of positive identification at no Replacement Fee.

5.4. Personal Details

5.4.1. It is your duty to ensure that the personal information you provide is accurate and complete and by providing such information, you undertake that you are authorised to provide such personal information. Ster-Kinekor Theatres will endeavour to correctly capture all personal information provided by you but we will not be responsible or liable for errors or omissions in your personal information at any time.

5.4.2. If you have signed up and signed in with us, you can amend as well as ensure that your personal information is accurate, current and complete, by:

5.4.2.1. checking your profile online;

5.4.2.2. calling Ticketline on 0861 MOVIES (668437) (Standard rates apply – Free minutes do not apply).

5.4.2.3. asking for assistance at the Box Office;

5.4.3. If your details are not correct you may be excluded from marketing campaigns and promotions with Ster-Kinekor Theatres.

5.4.4. All personal information gathered or provided to us will be utilised in terms of Ster-Kinekor Theatres' Privacy Policy, to which you agree.

5.4.5. You may change your details electronically or at any one of our Participating Cinemas with proof of valid identification.

5.4.6. You have the legal right at any time upon written notice to:

5.4.6.1. obtain access to your personal information being held by Ster-Kinekor Theatres; and

5.4.6.2. request the correction of your personal information; or

5.4.6.3. object to us using your Personal Information in terms of our Privacy Policy; or

5.4.6.4. request the deletion of your personal information being held by us.

6. THE SK CLUB CARD

6.1. The SK CLUB Card is not a credit card, debit card or gift card and can only be used by the registered member. Proof of identity may be requested at any time. You cannot accrue any interest on the Card.

6.2. The Card does not have to be renewed and there are no additional membership fees. However, if you have not used your Card for a period of 12 (twelve) consecutive months, your Card will expire and your membership from the SK CLUB will be automatically terminated. Upon expiry, all Rewards and Points, if any, will be forfeited.

6.3. If you have not signed in and activated your CLUB Card within 12 (twelve) months of signing up (joining) to the CLUB, your Card will also expire and your membership will be automatically terminated.

6.4. The Card does not give preferential rights of access for any movie or presentation; nor does it give access to films or presentations which are not open to the general public.

6.5. Ster-Kinekor Theatres reserves the right to withdraw, suspend or cancel this card for any reason at any time at its discretion, without recourse.

6.6. The member is responsible for the use and safety of the Card. Ster-Kinekor Theatres will not be responsible for lost, stolen or damaged Cards. If your Card is lost or stolen, this must be reported at any Ster-Kinekor Theatres Cinema Complex at the Box Office Counter where the lost or damaged card may be replaced at Ster-Kinekor Theatres' sole discretion or contact Ticketline* on 0861 MOVIES (668437) to report the Card lost or stolen. Upon receipt of telephonic and written advice of the loss or theft of a Card we will suspend use of the Card and such Card will no longer be valid.

6.7. The member accepts liability for and indemnifies the Company against any loss, cost and expense Ster-Kinekor may sustain from the use of a lost or stolen card.

6.8. The Card remains the property of Ster-Kinekor Theatres to whom it must be returned upon request or if found. If found, please hand in at any Ster-Kinekor cinema or post to Ster-Kinekor Club, P.O. Box 76461, Wendywood, 2144.

6.9. The Card cannot be redeemed for cash in part or in whole, is non-transferable, non-exchangeable and non-refundable and must not be sold or offered for resale or used for advertising, promoting or other commercial purposes or to enhance the demand for other goods and/or services or dealt with in any other manner except as set out in these terms and conditions unless Ster-Kinekor Theatres' prior written consent is obtained.

6.10. We reserve the right to monitor the transactions and use of your Card at any time, without prior notice.

7. POINTS

7.1. Points cannot be purchased; they can only be earned. Only activated members can earn Points.

7.2. How do I earn Points?

7.2.1. You will earn Base Points from the day you Sign-In with us on each movie ticket purchased by you for each unique show time including 2D, 3D movies, movies in their first week of release and including IMAX & Cine Prestige;

7.2.2. To earn Points for a transaction at Box Office, you must present your Card at the till before making your purchase. To earn Points for a transaction Online, you must sign in first before processing online transaction. To earn points at Self-service station, you must swipe your card before starting the booking.

7.3. To earn points at Food and Beverage, you must present your card to the cashier before placing your order. You will earn:

7.4. 100 points for a Mega combo

7.5. 200 points for a Sharing combo

7.6. 200 points for Promotional / Up Take combo

7.6.1. If you do not swipe your Card or provide your details as above, you will not earn Points. No Points will be awarded retrospectively.

7.6.2. Points can only be earned by the holder of the Card. Points do not have a cash value and cannot be redeemed under any circumstances for cash in part or in whole, are non-transferable, non-exchangeable and non-refundable and cannot be sold.

7.6.3. The purchase of one movie ticket at any Participating Cinema, will earn you 100 Points.

7.6.4. The purchase of one movie at Cine Prestige will earn you 200 Points;

7.6.5. The purchase of one movie at Imax Theatres will earn you 150 Points.

7.6.6. Points cannot be earned on the following:

7.6.6.1. on a Free Ticket purchased with accumulated Points;

7.6.6.2. on a complimentary ticket or a readmission voucher;

7.6.6.3. purchases of tickets of events hosted by third parties;

7.6.6.4. the purchasing of individual (non-combo) confectionary/catering items;

7.6.6.5. the purchasing of airtime;

7.6.6.6. the purchasing of 3D glasses;

7.6.6.7. error transactions, as a result of fraud, or pursuant to any illegal, ineligible or unauthorised transaction;

7.7. Please Note: Your Points will only reflect and be available 24 (twenty-four) hours after earning. You will need to save evidence of your Points entitlement until the Points appear on your Card.

7.8. Members will earn the following Points:

7.8.1. Base Points;

7.8.2. Kick-start Points on Sign-Up;

7.8.3. Double Points on Thursday when booking a movie ticket;

7.9. Extra Points may be earned or awarded at Ster-Kinekor Theatres' sole discretion.

7.10. If we are offline when you book a ticket and you have presented your Card, we will manually capture your Points and you will still earn Points on the booking.

7.11. Ster-Kinekor Theatres reserves the right to change the earning rate and/or value of Points at any time, at its discretion. Due notice will be given of any changes.

7.11.1. Ster-Kinekor Theatres reserves the right to change the conversion value of Points at any time, at its discretion. Notice will be given of any changes.

7.12. Statements of Points and Points Balance

7.12.1. If you are an active member and you have a Points balance, you can access your statement online.

7.12.2. You can also check your Points balances online, by calling Ticketline* on 0861 MOVIES (668437), at the Box Office Counter or SST at any Participating Cinema; 7.12.3. It is your duty to check your Points balance. If you find any errors on any of your statements, you must let us know in writing together with documentary evidence as to why you think there is an error within 30 (thirty) days of noticing such error. We will, in our sole discretion, determine whether an error did occur and whether such error will be corrected. We will not be held liable for any undisputed error or omission.

7.13. Validity of Points 7.13.1. As mentioned in clause Termination by Ster-Kinekor Theatres and where membership has been terminated by either Ster-Kinekor Theatres or you: above, any inactive and/or unregistered Card will automatically expire at the end of the 12 (twelve) month period and any Points attached to inactive Cards will be forfeited.

7.13.2. All Points earned but not redeemed within 12 (twelve) months of being earned will be subject to automatic expiry. Therefore, please ensure you use your points before the 12 (twelve) month period is over. You will receive communication from SK CLUB as a reminder of your Point redemption milestones and expiration timelines. Points balance can also be viewed on an SST or enquiring at any Participating Cinema.

7.13.3. Points earned where a ticket has been cancelled/refunded for whatever reason will be deducted from your Points balance on your Card.

7.13.4. Points attached to a lost or damaged Card can be transferred to your new replacement Card provided they have not been spent prior to reporting the lost or damaged Card and obtaining a replacement Card.

7.14. Booking a Movie

7.14.1. There are many ways to Book a movie and earn Points at Ster-Kinekor Theatres:

7.14.1.1. at our cinemas (Box Office and SSTs) and swipe your Card; or

7.14.1.2. online when entering in your Card number when booking a ticket;

7.14.1.3. when booking on Ticketline* * on 0861 MOVIES (668437) providing your Card number.

7.14.2. Certain Booking Fees may be applicable.

7.14.3. Movie ticket prices differ per Participating Cinema.

7.14.4. The transaction fee charged for the use of credit cards is between you and your bank and cannot be supplied upfront by Ster-Kinekor Theatres.

7.14.5. You can Burn Points by Booking a movie at Ster-Kinekor Theatres:

7.14.5.1. at our cinemas (Box Office and SSTs) by simply swiping your Card; or

7.14.5.2. online when entering in your Card number when booking a ticket. Please note that when burning online, a booking fee is applicable;

7.14.5.3. Please refer to the below table indicating booking channels, fee's applicable and where you burn your Points

Booking Channels

Complimentary Ticket Redeemable

Booking Fee Applicable

Member Profile Log In

Check Points Balance

Redeem/Burn Points

Website

N

Y

Y

Y

N

Mobisite

N

Y

Y

Y

N

App

N

Y

Y

Y

N

Ticketline

N

Y

N

Y

N

Facebook

N

Y

N

N

N

SST

Y

N

Y

Y

Y

Box Office

Y

N

Y

Y

Y

Certain booking fees may be applicable.

7.14.6. Being a member of the SK CLUB does not guarantee seating or ticket availability.

7.15. Age restrictions and other terms and conditions related to specific screenings must be adhered to.

7.15.1. To see the latest movie information, the location of Participating Cinemas, show times and trailers please visit us online.

8. SK CLUB REWARDS

8.1. What Rewards are you entitled to?

8.1.1. If you sign up as a new member you will be entitled to the following Rewards:

8.1.1.1. Half price Tuesdays;

8.1.2. If you sign up as a Seniors + member you will NOT be entitled to the following Rewards:

8.1.2.1. Savings every day on the purchase of movie tickets at any Participating Cinema, including Cine Prestige, Cinema Nouveau, Opera and Live Theatre;

8.1.3. If you SIGN IN you will be entitled to the following Rewards: (These Rewards do not apply for Seniors + Members)

8.1.3.1. Half price Tuesdays;

8.1.3.2. Earn Base Points when you swipe your Card when booking a ticket at a Participating Ster-Kinekor Theatres’ Cinema Complex, including Cine Prestige and IMAX theatre;

8.1.3.3. Earn Kick-Start Points;

8.1.3.4. Earn Double Points on Thursdays;

8.1.3.5. Earn Bonus Points;

8.1.3.6. Exclusive, Promotions and Competitions;

8.1.3.7. Exclusive MoviEmail if you agree for us to mail it to you;

8.1.4. VIP members get the following Rewards:

8.1.4.1. Half price Tuesdays;

8.1.4.2. Earn Base Points when you swipe your Card when booking a ticket at a Participating Ster-Kinekor Theatres Cinema Complex, including Cine Prestige;

8.1.4.3. Earn Kick-Start Points;

8.1.4.4. Earn Double Points on Thursdays;

8.1.4.5. Earn Bonus Points;

8.1.4.6. Exclusive, Promotions and Competitions;

8.1.4.7. Invitations to Premieres;

8.1.4.8. a free birthday movie ticket valid on your birthday upon presentation of your ID or automatically when booking via the SST;

8.1.4.9. Exclusive MoviEmail if you agree for us to mail it to you;

8.1.5. In order to receive the exclusive rewards, promotions and competitions available monthly to SK CLUB members, you will have to agree to be communicated to in a manner selected on the Membership Pack or online. The Rewards above are only valid on presentation of the Card and are only valid for the member.

9. BURNING POINTS AND GETTING REWARDS

9.1. Only members who produce their Card can burn their Points.

9.2. Once your Points balance reaches a minimum of 1000 Points at any time, you will be able to, but not obliged to burn your Points.

9.3. Points can be burned at Participating cinemas for:

9.3.1. movie tickets including tickets for 3D movies as long has you have enough Points earned. Important note – the price of a 3D ticket excludes the glasses required to watch the movie.

9.4. Points can only be burned if you have at least 1000 Points. For more information go online, contact Ticketline* on 0861 MOVIES (668437) or ask our staff at Participating Cinemas.

9.5. Points can be burned at any Participating Cinema irrespective of the movie price, except at IMAX and not for movies during its first week of release;

9.6. All transactions for burning of Points is irrevocable and irreversible.

9.7. If you choose not to burn your Points you can accumulate and save as many as you wish within the Points expiry period of 12 (twelve) months from date of earning.

9.8. You will not be able to burn Points in part and /or combine with any other form of payment i.e. you cannot pay for a ticket with part Points and part cash/credit card payment.

9.9. Your Points balance will be reduced by the equivalent value spent.

9.10. No change will be given on Points burned and used against the purchase of a movie ticket.

9.11. Points and/or the Card cannot be utilised in conjunction with any other special, promotion and/or discount and /or any club or other offerings.

9.12. It is your responsibility to track and redeem your Points balance and activity.

9.13. Ster-Kinekor reserves the right to amend the Rewards from time to time at its sole discretion.

9.14. Points redemption is subject to online system availability. Ster-Kinekor Theatres does not guarantee that its System will always be online and available for Card transactions, and accordingly reserves the right to temporarily reject the tender of any Point redemption if the System is offline.

10. MARKETING AND COMMUNICATION

10.1. Subscribing to communication from Ster-Kinekor Theatres

10.1.1. By joining the SK CLUB you give us permission to communicate with you, and you will receive mailers and other communication from Ster-Kinekor Theatres from time to time..

10.1.2. We will from time to time actively highlight relevant offers for you based on your member profile information. All offers however will be made available to all members through various standard communication channels and platforms.

10.1.3. Although Ster-Kinekor Theatres will use best endeavours to communicate with you during business hours, by subscribing to receive mailers and other communication from Ster-Kinekor Theatres, you agree that you may receive these at any time of the day or night, specifically, you agree that we may communicate with you on:

10.1.3.1. Sundays and/or public holidays contemplated in the Public Holidays Act, 1994 (Act No. 36 of 1994);

10.1.3.2. Saturdays before 09h00 and after 12h00; and

10.1.3.3. all other days between the hours of 19h00 and 08h00 the following day.

10.1.4. You hereby confirm that as on the date of joining SK CLUB, you have not registered yourself on any registry in which you have registered a pre-emptive block, either generally or for specific purposes, against any communication that is primarily for the purpose of direct marketing. In the event, that you have registered yourself on such a registry, you hereby confirm that you do not have any objection to receiving mailers and or other communication (promotional or otherwise) from Ster-Kinekor.

10.2. Unsubscribing to communication from Ster-Kinekor Theatres

10.2.1. If at any time you decide you would rather not receive the mailer and/or other communication from Ster-Kinekor Theatres, please amend this in your profile page or utilise the “unsubscribe” option available at the end of every communication.

10.2.2. We need to process all unsubscribe communication internally, so you may continue to receive marketing communication for a period of up to 21 (twenty-one) business days after your request.

10.2.3. Unsubscribing may mean that you won't be able to participate fully in the SK CLUB because you won't get updates on promotional offers, SK CLUB updates, additional Point earning opportunities and other Rewards that the SK CLUB has to offer.

10.2.4. If you have received communication in error, please inform us as soon as possible on Ticketline* 0861 MOVIES (668437) so that we can correct the error and prevent any further inconvenience to you.

11. LIMITATION OF LIABILITY

11.1. Subject to the provisions of the Consumer Protection Act number 68 of 2008, Ster-Kinekor Theatres gives no warranties nor do Ster-Kinekor Theatres, and/or each and any of its respective members, employees, contractors, sub-contractors, agents, workmen or representatives (hereinafter referred to as “the Company”) accept responsibility or liability for any damage, loss, claim, or other liability or expense of whatever kind or nature, - consequential, special, or otherwise- whether for death, personal injury, loss, damage to property or otherwise, including but not limited to medical claims and legal expenses, or from or in relation to the SK CLUB and/or the use or redemption of any Points and/or any other cause whatsoever and you and any parent and/or guardian of a minor child hereby indemnifies the Company against any such claim as aforementioned and from any cause whatsoever that may be instituted against the Company unless such injury, loss or damage results from the negligence or wilful misconduct of Ster-Kinekor.

11.2. In particular and further to clause Subject to the provisions of the Consumer Protection Act number 68 of 2008, Ster-Kinekor Theatres gives no warranties nor do Ster-Kinekor Theatres, and/or each and any of its respective members, employees, contractors, sub-contractors, agents, workmen or representatives (hereinafter referred to as “the Company”) accept responsibility or liability for any damage, loss, claim, or other liability or expense of whatever kind or nature, - consequential, special, or otherwise- whether for death, personal injury, loss, damage to property or otherwise, including but not limited to medical claims and legal expenses, or from or in relation to the SK CLUB and/or the use or redemption of any Points and/or any other cause whatsoever and you and any parent and/or guardian of a minor child hereby indemnifies the Company against any such claim as aforementioned and from any cause whatsoever that may be instituted against the Company unless such injury, loss or damage results from the negligence or wilful misconduct of Ster-Kinekor Theatres. Ster-Kinekor Theatres shall not be liable to any member for:-

11.2.1. termination or suspension of the SK CLUB and/or SK CLUB Card;

11.2.2. inability to earn or burn Points due to circumstances beyond its control, such as being off line;

11.2.3. any delay in replacing a lost or stolen Card or any unauthorised use of a Card;

11.2.4. any failure by you to inform us that a transaction is subject to the SK CLUB;

11.2.5. the closure of any of our Participating Cinemas on a permanent or temporary basis from time to time for any reason whatsoever;

11.3. a force majeure event i.e. any event out of its control;

11.4. Ster-Kinekor Theatres' total liability for all claims shall not exceed a sum equal to the refund of any unexpired and unused Points on your Card.

12. COMPETITIONS

12.1. Promotions and Competitions held in terms of the SK CLUB are only open to current members.

12.2. Please see our standard terms and conditions relating to Promotional Competitions as well as the specific terms for each particular Competition.

13. PARTNERS OF THE SK CLUB

13.1. A SK CLUB Partner may impose additional conditions. Please read each Partner's rules regarding the Reward they offer.

13.2. Ster-Kinekor Theatres shall not be bound to or be responsible for any obligations arising from any Rewards offered by a SK CLUB Partner if such SK CLUB Partner breaches its contractual obligations to Ster-Kinekor.

13.3. In order to claim Rewards from SK CLUB Partners, you must present your SK CLUB Card.

14. GENERAL

14.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between Ster-Kinekor Theatres and you in relation to their subject matter. To the extent permitted by law, all conditions and warranties implied by law, statute or otherwise are expressly excluded. The purchase of any items using the SK Club Card shall be subject to a separate contractual relationship between you and us and is in addition to these terms and conditions.

14.2. The Agreement shall in all respects be governed by and be construed in accordance with the law of the Republic of South Africa and all disputes, actions, and other matters in connection therewith shall be determined in accordance with such law.

14.3. Members shall not have any claim or right of action arising from any undertaking or warranty not included in these terms and conditions. No representations

14.4. Members may not rely on any representation or term express, understood or implied, which allegedly induced them to become a Member of the SK CLUB, unless such representation is recorded herein or in writing and signed by a duly authorised representative on behalf of Ster-Kinekor Theatres.

14.5. If any provision of these terms and conditions is found to be invalid by any Court having competent jurisdiction the invalidity of such provisions shall not affect the validity of the remaining provisions of these terms which shall remain in full force and effect.

14.6. Any indulgence granted by Ster-Kinekor to any member shall not constitute a waiver of its rights against the member and we shall not thereby be precluded from exercising our rights against any member concerned, whether having arisen in the past or arising in the future.

15. QUERIES OR COMPLAINTS

If you have any queries or complaints concerning the SK CLUB, your membership, Points, Rewards or your Card please visit your local Participating Ster-Kinekor Theatres Cinema Complex or call Ticketline* on 0861 MOVIES (668437). * Standard Rates Apply – Free Minutes do not apply

SK CLUB TERMS AND CONDITIONS (Version 2.0 dated NOVEMBER 2016)