Terms and Conditions

WELCOME TO WESTDALE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING TICKETS.

Your use of this website, and other services offered by Westdale Cinema Group (“Westdale”) is conditioned on your acceptance without modification of the following Terms of Use (the “Terms of Use”). If you use this website or purchase ticket(s), that action is the equivalent of your signature and indicates your acceptance of these Terms of Use and that you intend to be legally bound by them.

Acceptance of Terms of Use

This is an agreement between you and Westdale regarding your access to and use of the Westdale theatre venue, the Westdale website and any content posted at/in and/or linked to the foregoing (collectively, the “Westdale Services”). These Terms of Use also provide benefits to Westdale’s employees, agents, affiliates, contractors, service providers, suppliers and other persons, and those benefits (including, without restricting the generality of the foregoing, limitations on liability) extend to those persons, and where such benefits are provided, the term “Westdale” shall be construed as including those persons.

Westdale may, in its sole discretion, which need not be reasonable, change these Terms of Use from time to time as it relates to future use of the Westdale Services, by posting revised Terms of Use on the Westdale website. By using the Westdale Services after these revised Terms of Use have been posted, you signify your acceptance and agreement to be bound by the revised Terms of Use. You may not change the Terms of Use in any manner.

Services, Payment and Registration

The Westdale Services will allow you to, among other things, purchase tickets for and attend cinematic screenings and other events.  

Westdale uses software and services provided by a third party (a “Ticketing Provider”) to facilitate ticket sales and payment therefor.  You may be required to register with the Ticketing Provider.  When you provide your information in connection with registration and/or a ticket purchase, that information, along with other relevant personal information about you, is provided to the Ticketing Provider for the purposes of facilitating such payment. You hereby consent to the collection, use and disclosure of your personal information by and to the Ticketing Provider for the foregoing purposes. You further acknowledge and agree that the Ticketing Provider may also collect your personal information and/or other information about you and the collection and use of such information will be subject to the terms of the Ticketing Provider’s privacy policy. You acknowledge and agree that we shall have no liability to you in connection with the use and disclosure of your personal information when collected by the Ticketing Provider.  At present, Westdale uses software and services called “Veezi”, provided by Vista Entertainment Solutions Limited, who provides the following privacy policy.  Westdale reserves the right to change the Ticketing Provider we use without notice to you.

Use of Site and Premises

You may only use the Westdale Services and the content thereof in the manner outlined in these Terms of Use and in no other manner. Neither the Westdale Services nor the content thereof may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the prior written permission of Westdale. Unauthorized use of the Westdale Services and/or the content thereof may violate applicable copyright, trademark or other intellectual property laws or other laws (the word “law” as used herein includes regulations and other subsidiary legislation). Except as expressly authorized herein, you are not permitted to engage in any resale or commercial use of the Westdale Services or the content thereof; any framing, embedding, derivative or other use of the Westdale Services or the content thereof; any downloading or copying of content or information from the Westdale Services; or any use of data mining, robots, or similar data gathering and extraction tools on the Westdale Services.

You are prohibited from contributing, posting or transmitting to, by or through the Westdale Services any infringing, unlawful, threatening, libelous, defamatory, offensive, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, or any content consisting of or containing software viruses, malicious exploits or other malicious code, political campaigning or opinion, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead.

In its sole discretion, which need not be reasonable, in addition to any other rights or remedies available to Westdale and without any liability whatsoever whether in tort, contract, or any other theory of law, equity or civil law, Westdale at any time and without notice may terminate or restrict your access to all or any component of the Westdale Services without cause or justification.

Westdale’s failure or delay to enforce any of the Terms of Use shall not operate as a waiver of any of its rights and privileges contained herein.

Westdale reserves the right to refuse entry onto its premises to, or to eject from its premises, any person or persons they deem to be disruptive, unsafe, or to be interfering with the ability of others to enjoy the Westdale Services, without refund, in its sole and absolute discretion which need not be reasonable in its exercise.

Ownership, Trademarks and Copyright

The Westdale Services, their design, all text, graphics, content, video, audio (including any dramatic and/or cinematographic works presented at the Westdale theatre venue) and the selection and arrangement of the Westdale Services and content are the property of Westdale, and/or its subsidiaries, affiliates, third party providers and distributors (“Third Parties”), and are protected under the copyright laws of Canada and other countries. None of the content found on the Westdale website, or displayed, presented or distributed at the Westdale theatre venue, may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Westdale or the applicable Third Parties. All software used in provision of the Westdale Services is the property of Westdale or its software suppliers and protected by Canadian and international copyright laws.

The name ‘Westdale’ and all other related trademarks and design marks displayed on the Westdale Services are registered and/or common law trademarks of Westdale. Other trademarks and design marks appearing on the Westdale Services are trademarks of their respective owners. Nothing contained on the Westdale Services should be construed as granting, by implication or otherwise, any license or right to use or disparage any trademarks.

Customer Content

By submitting information in any form, including without limitation text, audio, video and image, in connection with your use of the Westdale Services (“Customer Content”) you automatically grant, and you represent and warrant that you have the right to grant, to Westdale a worldwide, exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to do with the Customer Content anything that you could do, including, without restricting the generality of the foregoing, use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and commercialize any such Customer Content throughout the world in any media, now known or later developed, in any way and for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, whether in tort, contract or any other theory of law, equity or civil law, and free from any obligation of confidence, and you waive any and all moral rights in the Customer Content.

You represent, warrant and covenant that you are the owner all right, title and interest to all Customer Content. If Customer Content or any particular Customer Content was captured, recorded or otherwise created by someone else, you agree to obtain and retain a written assignment of rights and waiver of moral rights from such person. You agree to produce an executed copy of such assignment and waiver to Westdale upon request.

Privacy

You have read Westdale’s Privacy Policy, the terms of which appear on the Westdale website and are incorporated into these Terms of Use, and you agree that the terms of that policy are reasonable. You consent to the collection, use and disclosure of your personal information by Westdale in accordance with the terms of and for the purposes set out in Westdale’s Privacy Policy.

LIABILITY DISCLAIMER – READ THE FOLLOWING CAREFULLY

NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, WESTDALE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WESTDALE SERVICES AND/OR ANY CONTENT OR SERVICES PROVIDED AT THE WESTDALE THEATRE VENUE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WESTDALE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF THE OPERATION OF THE WESTDALE SERVICES, OR ANY OF THE CONTENT OR DATA FOUND ON THE WESTDALE WEBSITE OR PRESENTED AT THE WESTDALE THEATRE VENUE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS IN RESPECT OF THE WESTDALE SERVICES, ITS CONTENT, INFORMATION OR DATA, AND ANY SERVICES, CONTENT OR PRODUCTS OFFERED AT THE WESTDALE THEATRE VENUE, INCLUDING THOSE ARISING BY STATUTE OR OTHERWISE IN LAW, INCLUDING, WITHOUT RESTRICTING THE GENERALITY OF THE FOREGOING, ANY WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR PURPOSE, TITLE OR NON-INFRINGEMENT.

WESTDALE IS NOT RESPONSIBLE FOR LATE, LOST, INCOMPLETE, ILLEGIBLE, MISDIRECTED, MISREPRESENTED OR STOLEN MESSAGES, MAIL OR OTHER DATA OF ANY KIND OR NATURE WHATSOEVER, UNAVAILABLE NETWORK CONNECTIONS, FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS, ON-LINE FAILURES, HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES OR ANY OTHER COMMUNICATIONS FAILURES OR CIRCUMSTANCES AFFECTING, DISRUPTING OR CORRUPTING COMMUNICATIONS.

WESTDALE ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE, WHETHER IN TORT, CONTRACT OR ANY OTHER THEORY OF LAW, EQUITY OR CIVIL LAW, FOR ANY DAMAGES TO, OR ANY VIRUSES AFFECTING YOUR COMPUTER EQUIPMENT (INCLUDING A WIRELESS TELECOMMUNICATION COMPUTING DEVICE SUCH AS A SMARTPHONE OR TABLET) OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE WESTDALE SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS, TEXT, IMAGES, VIDEO, AUDIO OR OTHER DATA FROM THE WESTDALE SERVICES, REGARDLESS OF WHETHER OR NOT WESTDALE KNEW OR SHOULD HAVE FORESEEN OR KNOWN OF SAME.

Release

YOU HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE WESTDALE, ITS PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THE FOREGOING OR THEIR RESPECTIVE AFFILIATES (COLLECTIVELY, THE “RELEASEES”) FROM ANY AND ALL LIABILITY TO YOU, YOUR HEIRS AND NEXT OF KIN FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES ON ACCOUNT OF INJURY, INCLUDING PERMANENT DISABILITY, DEATH OR DAMAGE TO PROPERTY (COLLECTIVELY, “CLAIMS”) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE RELEASEES NEGLIGENCE, BREACH OF ANY DUTY OF CARE, INCLUDING ANY STATUTORY DUTY, BREACH OF CONTRACT, OR ANY OTHER ACT OF THE RELEASEES IN RESPECT OF, THE WESTDALE SERVICES OR YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, CONSUMPTION, PREPARATION, HANDLING OR TRANSPORTATION OF FOOD OR BEVERAGES OF ANY KIND IN CONJUNCTION WITH OR IN ANY WAY CONNECTED TO YOUR USE OF THE WESTDALE SERVICES.  

Maximum Liability

IF WESTDALE SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE FUNCTIONS OR USES OF THE WESTDALE SERVICES OR ITS CONTENT, OR ANY OF THE SERVICES OFFERED ON THE WESTDALE SERVICES, INCLUDING, WITHOUT LIMITATION, CONSUMPTION, PREPARATION, HANDLING OR TRANSPORTATION OF FOOD OR BEVERAGES OF ANY KIND IN CONJUNCTION WITH OR IN ANY WAY CONNECTED TO YOUR USE OF THE WESTDALE SERVICES, THE ABSOLUTE MAXIMUM LIABILITY OF WESTDALE WILL IN NO EVENT EXCEED IN THE AGGREGATE $20 CAD.  

IN NO EVENT WILL WESTDALE BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ECONOMIC LOSS, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, EQUITY, CIVIL LAW, STATUTORY LIABILITY OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WESTDALE SERVICES OR ITS CONTENT, THE OPERATION OF THE WESTDALE SERVICES OR ANY FAILURE OR DELAY IN THE OPERATION OF THE WESTDALE SERVICES EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES, INCLUDING, WITHOUT LIMITATION, CONSUMPTION, PREPARATION, HANDLING OR TRANSPORTATION OF FOOD OR BEVERAGES OF ANY KIND IN CONJUNCTION WITH OR IN ANY WAY CONNECTED TO YOUR USE OF THE WESTDALE SERVICES.  

Indemnification

YOU WILL INDEMNIFY AND SAVE HARMLESS WESTDALE AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES AND AGENTS FROM AND AGAINST ANY CLAIM, CAUSE OF ACTION OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL, ACCOUNTING AND OTHER PROFESSIONAL FEES, BROUGHT AS A RESULT OF (1) YOUR USE OF THE WESTDALE SERVICES OR ITS CONTENT; (2) YOUR BREACH OF ANY OF THE TERMS CONTAINED IN THESE TERMS OF USE; (3) YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY OR YOUR CAUSE OF OR CONTRIBUTION TO THE INJURY OR DEATH OF A THIRD PARTY.  

Survival

The provisions above that follow the heading “Liability Disclaimer” will survive the termination of your access to the Westdale Services.

Feedback

Westdale welcomes your feedback and comments regarding the Westdale Services. By submitting or providing us with comments, messages, suggestions, ideas, concepts, feedback or other information about the Westdale Services, Westdale and/or its operations, other than Customer Content, which is dealt with above (the “Submissions”), you hereby: (i) represent and warrant that none of the Submissions are confidential or proprietary to you or to any other party; (ii) represent and warrant that none of the Submissions breach any agreement to which you are a party; and (iii) grant Westdale an exclusive fully paid-up, royalty-free, perpetual, irrevocable, unrestricted, transferable, sub-licensable, worldwide right and license to do with the Submissions anything that you could do, including, without restricting generality of the foregoing, use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and commercialize the Submissions in any way and for any purpose whatsoever. You also waive in favour of Westdale and its successors and assigns any and all of your moral rights in and to all Submissions. Furthermore, you agree that Westdale is not responsible for the confidentiality of any Submissions.

Governing Laws, Jurisdiction

You consent and submit to the exclusive jurisdiction of the Courts of Ontario (including the Federal Court of Canada to the extent the same has jurisdiction) located in or closest to the City of Hamilton, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the Westdale Services and these Terms of Use. This agreement and its performance will be governed by the laws of the Province of Ontario, Canada, including the federal laws of Canada applicable in that Province.  

The United Nations Convention on Contracts for the International Sale of Goods, also known as the “Vienna Convention” shall not apply to these Terms of Use or the agreements herein.  

Electronic Communications

When you visit the Westdale Services online or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Westdale website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Severability

These Terms of Use will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms of Use.

Headings

The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

Entire Agreement

These Terms of Use, together with those incorporated or referred to in these Terms of Use, constitute the entire agreement between us pertaining to the subject matter of these Terms of Use, and supersede any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter of these Terms of Use, and may not be amended or modified except by Westdale as set out above. There are no representations, warranties or other agreements between us express or implied, in connection with the subject matter of these Terms of Use, except as specifically set out in these Terms of Use or in those incorporated or referred to in these Terms of Use. No party has been induced to enter into these Term of Use in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included in these Terms of Use or in those incorporated or referred to in these Terms of Use.

Enquiries

Please direct enquiries to Westdale’s business address at:

Westdale Cinema Group

Address:
1014 King street west
Hamilton, ON
L8S 1L4

[email protected]