Subscription Terms of Service
By ordering you are accepting the terms and conditions that relate to its supply and installation. By selecting and ordering the subscription service you are agreeing to the terms and conditions that relate to those services including any changes to them or the services in accordance with these terms and conditions.
Subscriptions
To receive Mr Cinema Premium Content, you will need a Pre-Order Pack and a Mr Cinema subscription.
ChangesTo The Service
Our services are variable and may change. This means:
• We can change the premium film titles at anytime, unfortunately we cannot guarantee the availability of any particular film as the release dates are out of our control and subject to Studio approval.
• We can replace or withdraw features or functionality of the Mr Cinema Service, or restrict their availability.
Each subscription lasts for the Minimum Term (usually 12 or 18 months) unless you, or we, are allowed to end it earlier. Your Mr Cinema subscription is a 12 month rolling Minimum Term Agreement, but can cancel up to 30 days before the end of each anniversary. For details of when a subscription can be ended earlier see General Condition 3. If we end your Mr Cinema subscription during the relevant Minimum Term we will charge you an early termination charge, unless one of the exceptions stated in the Contract applies. Unless you tell us otherwise, we may charge these amounts directly to the credit or debit card which you have provided us with details of, e.g. when you paid for the Pre-Registration Pack and, by entering into these contracts, you are authorising us to do so. We will give you reasonable notice before these charges are made. For more information about these charges please refer to General Condition 3 (‘Ending the Service”).
We can increase the price for additional films and services at any time during the Minimum Term.
We may introduce extra features or functionality to the Mr Cinema service and increase your Subscription Payment. During the Minimum Term you may choose not to receive the extra features or functionality, in which case you will not be charged for them. From the end of the Minimum
Term you will receive the extra features and functionality and pay the then current price for the Mr Cinema Service.
In all other cases during the Minimum Term, we can only increase the relevant Subscription Payment once in any 12 month period. This increase won’t affect you during the first 60 days of your subscription to your chosen service(s) and will not be more than either 10% of the standard price of your subscription or the increase in the UK Retail Price Index over the last 12 months before we tell you about that price increase, whichever is greater.
If at any time you change your chosen Service, you will pay the then current price for your Service from the day you first receive it.
The limits on price increases do not apply after the Minimum Term of the relevant contract.
The limits also don’t apply where, following a request or requirement by any regulatory authority or, as required by law (including any changes in Value Added Tax), we change any aspect of our pricing which affects your Subscription Payment directly or our pricing structures generally.
We promise to give you at least 31 days’ notice before we put the price of your Service(s) up, unless the price increase results from you changing your Service or we are required to increase our prices by law (including any changes in Value Added Tax or local tax) or because a regulatory authority requests or requires us to do so (if this happens we will try to give you reasonable notice). If you are not the payer of the relevant subscription, you must tell the payer of any price increase notice we send to you.
Installation
1. The installation of your Mr Cinema Equipment may require the agreement or consent of someone else, for example your Yacht Management Company or ETO (Electronic Technical Officer). You are responsible for ensuring that all these agreements and consents have been obtained before we install your Mr Cinema Equipment.
1.1. Additional Works
2. A “standard installation” is a pre-installation of content and testing prior to delivery.
2.1. On site installation of Mr Cinema Equipment is chargeable. We or our installation partner will advise you of these charges before we install the Mr Smith Equipment.
Warranty
Each Mr Cinema Equipment hardware is supplied with 12 warranty.The following are not covered by the warranty: faults arising from misuse, accidental or deliberate damage, damage arising from use of equipment that is not supplied by us or on our behalf with the Mr Cinema Equipment, cosmetic damage which does not affect the functionality of the Mr Cinema Equipment or damage caused by events outside our reasonable control or our equipment suppliers. Any replacement equipment will be new or ‘as new’ (previously used equipment that has been refurbished by the manufacturer or its authorised agent). We will warrant any repair or replacement until the later of the end of the original 12 month warranty period or 3 months from the date it was carried out.
Mr Cinema Subscription Terms And Conditions
These are the Terms and Conditions that you must keep to if you want to view the Mr Cinema Service on your Mr Cinema hardware on your Yacht. This contract is with Mr Cinema BV (“Mr Cinema”) which is responsible for providing the Mr Cinema Service. References below to “we” or “us” shall be read as references to Mr Cinema.
1. Eligibility
1.1. Your Mr Cinema subscription contract must stay in force at all times during your subscription to the Mr Cinema Service. If your Mr Cinema subscription ends for any reason, your subscription to the Mr Cinema Service will end automatically at the same time.
1.2. The Mr Cinema Service can only be viewed on the same Mr Cinema hardware as your Mr Cinema subscription.
2. Mr Cinema Films
We may make any of the changes specified in this Condition 2 for any reason stated.
2.1. The Mr Cinema films you receive will be as described in the current version of the Mr Cinema Newsletter and website. For details of the current films, visit www.MrCinema/home.
2.2. The titles of films are variable. We can replace or withdraw advertised, we reserve the right change or reduce the number of films available.
2.3. We may supply additional content within your Mr Cinema Service which you will not have to pay for. We can withdraw or change these channels without giving you notice. We can also change any additional Mr Cinema Service you are receiving into a channel that you must pay for if you want to continue to receive it. If we do this, we will tell you what charge will apply if you wish to continue to receive that additional Mr Cinema Channel.
2.4. We may offer you additional Channels. If we offer you these channels and you decide
to take them, they will be included in the Mr Cinema Service. We will confirm to you what charges apply to these channels and how your Mr Cinema Subscription Payment will change.
General Conditions
1. Subscription Payments
1.1. Unless we agree otherwise, you will be charged for the relevant Subscription Service(s) from the first date we enable your Mr Cinema to receive the relevant Service(s). Your first Subscription Payment may be taken at the time you order the Service. Payments must be made by direct debit or by continuous credit or debit card mandate every month in advance from this date. You are not entitled to receive the relevant Service(s) unless we have received the necessary payment instruction from you to collect payments in either of these ways.
1.2. If you select a different Service (where available ) and the change will result in a reduction
to your Subscription Payment you must give us at least 31 days notice (unless this Contract
is lawfully terminated before the end of such notice period). We can charge a reasonable administration fee if you wish to change your Service. We will let you know the amount of any fee in advance. We may alter your direct debit or credit card instruction if your Subscription Payment(s) change for any reason. We may also charge any other payment under the relevant Contract under your direct debit or credit card instruction, together with any other payments that you agree we may charge under that instruction.
1.3. We may collect your Subscription Payments for each Service you subscribe to together or separately. We will write to you telling you how and when we will collect your Subscription Payments and will notify you if these arrangements are to change.
1.4. If you have missed any payments you owe to us or provide unauthorised payment or other details, we can suspend provision to you of the relevant Service(s) without giving you notice. If the amount outstanding is the subject of a dispute we will exercise our discretion reasonably. This does not affect our right to end the relevant Contract(s) under General Condition 5 below.
1.5. We may increase your Subscription Payment(s) at any time for any reason stated in General Condition by giving you at least 30 days written notice unless General Condition 1.7 applies when we will try to give you reasonable notice.
1.6. In the Minimum Term, unless it is for a reason set out in General Condition 1.7, we may increase your Subscription Payment(s) in accordance with General Condition 1.5 only once in any 12 month period, and the increase will not be more than:
(a) 10%, or
(b) the increase in the UK retail price index over the last 12 months before we tell you about that price increase, whichever is the greater.
Any increase will not affect you during the first 60 days of your first Minimum Term, and if a price rise is delayed for this reason the 12 month period referred to above will start on the date your price would have increased but for the delay.
1.7. We may also increase your Subscription Payment(s) if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing (including any changes in Value Added Tax) which affects your Subscription Payment(s) directly or our pricing structure generally.
1.8. If you miss any payments you owe to us including for any Mr Cinema service we may charge you a reasonable fee to help pay for the extra costs we incur processing late payments , or interest at the yearly equivalent of 4% over Barclays Bank plc’s base rate for the whole period of any late payment, to compensate us for you breaking these Conditions. These fees
will not be applied to any amount you have not paid because it is the subject of an ongoing dispute between us. You will be responsible for paying all reasonable debt recovery fees/ charges incurred in recovering your debt, including fees charged by any debt collection company we use.
We may also charge you a reasonable fee that reflects the costs we incur if any payment instruction from you is returned to us because you do not have enough funds in your account, is cancelled or is not cleared by your bank.
2. Liability
2.1. Neither we, Mr Cinema or any affiliates will be liable for:
(a) any fault in your hardware caused by you tampering with it, your negligence or failure to follow our instructions or these Conditions;
(b) use of your hardware with any decoding apparatus we do not authorise;
(c) any fault in the Mr Cinema hardware or any other equipment you use, if this was supplied by a third party or under a separate contract;
(d) the act of ending this Contract according to Condition 3
(e) any delay or failure caused by events outside their respective reasonable controls; Matters outside our reasonable control include (but are not limited to) severe weather conditions, epidemic, civil disorder, terrorist activity, war and government action;
(f) any damage to separate devices or digital content that belong to you where such damage would not have been caused if you had followed our reasonable instructions;
(g) any loss or damage caused by them or their respective employees or agents in circumstances where:
(i) there is no breach of a contractual obligation or legal duty of care owed to
you by them (as the case may be) or any of their respective employees or agents;
(ii) such loss or damage was not contemplated by both you and them at the time we entered into this Contract.
(h) any loss or damage caused by them or any of their respective employees or agents to the extent that such loss or damage results from any breach by you of the relevant Conditions, unless they or their employees or agents were in breach of a legal obligation or duty of care owed by them and that breach was the most significant cause of the loss or damage.
2.2. Where we are acting as agent for Mr Cinema, we have no liability to you. This Condition shall not restrict or exclude our liability to you for death or personal injury as a result of our, Mr Cinema or its affiliates.
2.3. We are not permitted to exclude our liability for certain matters, for example we cannot exclude our liability to you if the Service(s) we supply are not of satisfactory quality or fit for purpose or do not match the description.
3. Ending the Service
3.1. You must subscribe to the Mr Cinema Service for the Minimum Term and you can cancel your subscription during the Minimum Term 30 days prior to the anniversary thereof, otherwise the agreement will rollover in to a new minimum term.
3.2. If we / Mr Cinema break these Conditions, you can end the relevant Service by giving us at least seven days written notice at any time (including during the Minimum Term).
3.3. We can immediately suspend all or part of the Service(s), and/or end the Service(s) by giving you at least seven days written notice at any time if we have reasonable grounds to suspect fraud or any other unauthorised activity.
3.4. If you or Mr Cinema want to end a Contract for any other reason, you or Mr Cinema may do so at the end of or after the relevant Minimum Term by giving the other 30 days prior notice.
3.5. We will not refund any Subscription Payments or other payments made under a Contract if we end a Contract because you have broken the Conditions. You will have to pay Mr Cinema an early termination charge if, during the relevant Minimum Term, we end your Mr Cinema Service in accordance with General Terms. The calculation of any early termination charge payable under that contract will include the Mr Cinema Service you receive and we will treat it as part of your “Option” that we assume you would have continued to subscribe to for the remainder of that minimum term.
4. Changing the Conditions
4.1. We may change any other Conditions for a reason stated in General Conditions provided that if you reasonably consider that you would be materially disadvantaged by this you may end this Contract under Condition 3.2, even if you are within your Minimum Term.
4.2. Unless the change is required to be made immediately for valid legal or regulatory reasons in which case we will notify you as soon as reasonably possible, you will receive at least 31 days notice of any changes to these Conditions. This right to vary will not be used to change the terms of any special offer which applies to you and you have accepted during the term of the offer.
5. Third Parties and Rights to Transfer the Contract(s)
5.1. We, Mr Cinema and affiliates can transfer our respective rights or obligations under these Contract(s) to any company, firm or person provided this does not affect your rights under these Contract(s) in a negative way.
5.2. These Contract(s) are personal to you and your specific Yacht. You may not transfer your rights or obligations under these Contract(s) to anyone else, and no third party is entitled to benefit under these Contract(s)
6. Notices
6.1. If we, Mr Cinema are required under these Contract(s) to give you notice it must be in writing.
We will send notices using any of the contact details we hold for this purpose.
7. Law and Geographical Limits
7.1. These Contracts are governed by Netherlands law. Any disputes under these Contracts shall be dealt with by the courts of the country whose law governs your Contract.
8 Reasons for Changes
8.1 We may make changes in accordance with the other Conditions of these Contracts for any of the following reasons:
(a) The Services are variable in nature and have variable prices (this means they may be changed, altered, improved or added to at Mr Cinema’s discretion as this ensures we respond to customer needs and remain competitive);
(b) We intend to change the way we structure our products and services;
(c) We are introducing new programmes, content, products or services;
(d) The cost to Cinema of providing the Services increases (for example, we have to pay third parties more for their content);
(e) Other costs associated with running our business increase (for example, we invest in improving customer support);
(f) We change the way we provide products and services to you (for example, we develop new technology to provide you with a better viewing experience)
(g) To help improve the security and operation of our technical infrastructure;
(h) We reorganise the way we structure or run our business;
(i) Valid legal or regulatory reasons.