GENERAL TERMS AND CONDITIONS OF SALE

The terms “you” and “your” refer to the person who purchases products (hereinafter the “Customer” or “Customers“) through our website (hereinafter the “Platform“).

FOURS CINEMA provides its Customers with a Platform that:

• Offers Customers cinema tickets to an extensive selection of films from different cultures, particularly from India, and live events tickets (hereinafter the “Tickets”);
• Offers Customers different stationery and accessories products including but not limited to key-chains, mugs, and t-shirts (hereinafter the “FourS Supplies”); and
• Offers event planning services for live performances and events of local talent featuring singers, dancers, and bands (hereinafter the “Service” or “Services”).

Together the Tickets and FourS Supplies may be referred to as “Product” or “Products”.

By using this Platform to purchase Products online, you accept and agree to be bound by the Agreement. You represent that you are of legal age to enter into this Agreement. This Agreement contains important information about your rights and obligations and sets out the restrictions and exclusions to which you may be subject.

This Agreement legally binds the Customer and FOURS CINEMA (hereinafter the “Parties”). The Parties shall be entitled to invoke the Agreement and to take any and all measures necessary to ensure compliance with them.

For further information about your rights and obligations, we suggest you read the applicable laws and regulations.

AUTHORIZATION TO USE ELECTRONIC DOCUMENTS

You hereby authorize the exchange of documents and information between you and FOURS CINEMA over the Internet, by e-mail or by telephone. You agree that this Agreement is equivalent to an original written Agreement between you and FOURS CINEMA. You also agree that all agreements, notices, information, and other communications that we provide to you electronically satisfy any legal requirement that such communications be made.

OTHER DOCUMENTS, AGREEMENTS AND POLICIES

The use of the Platform as well as FOURS CINEMA’s activity is governed by various policies. These include the Platform’s Terms of Use, Privacy Policy (hereinafter the “Other Policies“). You acknowledge that you have read the Other Policies and agree to be bound by their terms and conditions.

Notwithstanding the foregoing, the provisions of this Agreement take precedence over the provisions of the Other Policies. In the event of any inconsistency between the provisions of this Agreement and those of the Other Policies, the provisions of this Agreement shall apply.

GEOGRAPHICAL AREA

The Products and Services offered on the Platform are for the geographical area of Canada.

PRODUCTS AND SERVICES

The characteristics and terms of the Products and Services sold and offered by FOURS CINEMA are defined on the Platform. Product prices are also defined on the Platform. The prices for the Services are offered by a request for quotation. The display of this information on the Platform is authoritative, but FOURS CINEMA reserves the right to modify this information as it sees fit, in compliance with applicable legal and regulatory provisions.

REGISTRATION, USERNAME AND PASSWORDS

Some of the features available on the Platform require registration, in particular by creating an account. If you choose to register for such a feature, you agree to provide true and current information about yourself as required by the registration process and to promptly update such information as necessary to ensure that it remains accurate and complete.

You acknowledge that you are responsible for:

• maintaining the confidentiality of any passwords you choose or are assigned as a result of your registration;
• all activities that occur under your username or password; and
• exit from your account at the end of each session.

In addition, you agree to notify FOURS CINEMA of any unauthorized use of your username or password. In the event that you fail to comply with the obligations set forth in this section, FOURS CINEMA shall not be liable for any loss or damage arising therefrom.

ACCOUNT SUSPENSION, RESTRICTED ACCESS, TERMINATION

In the event of a serious breach of this Agreement, or if FOURS CINEMA has reason to believe that your actions require it to protect its safety and integrity, that of its other Customers or third parties, for fraud prevention or investigation purposes, FOURS CINEMA may decide to:

• Restrict access to and use of the Platform to the offending Customer;
• Suspend the offending Customer’s account, either temporarily or permanently, depending on the seriousness of the acts observed.

ORDER OF PRODUCTS AND SERVICES

Any person placing a Product order on the Platform, or the legal entity duly represented by the individual placing the Product order on the Platform, as the case may be, is the Customer and is consequently the person contracting with FOURS CINEMA.

The Product order placed by the Customer via the FOURS CINEMA Platform constitutes an order (hereinafter the “Order“) and gives rise to the formation of a contract between the Parties (hereinafter the “Contract“). When ordering a Product via the Platform, the Customer must approve the Order.

The Contract is formed upon receipt of an Order confirmation by the Customer and once the quotation has been accepted by the Customer and received by FOURS CINEMA.

Following the Order, details of the Products purchased will be included in a confirmation e-mail sent to the Customer by FOURS CINEMA. An invoice summary will be sent to the Customer by email following the Order or will be available in the Customer’s personal space on the Platform.

An Order is not binding on FOURS CINEMA until it has been paid in full by the Customer.

PRICE

All prices are in Canadian dollar (CAD) unless otherwise indicated. Prices displayed on the Platform do not include applicable taxes. These are added when your Order is confirmed.

Although FOURS CINEMA makes every effort to provide an accurate description of its prices, there is always a risk of error. FOURS CINEMA then reserves the right to correct its prices and any erroneous information, to modify the prices of the Products and Services or any other modification of this Agreement, at any time, in compliance with the applicable legal and regulatory provisions of public order.

In the event that a price is incorrect, FOURS CINEMA reserves the right to cancel your Order and the fees charged and will contact you to offer you a new Order at the adjusted price or a refund in accordance with the terms of this Agreement and applicable legal and regulatory provisions of public order.

PAYMENT TERMS

9.1. General payment terms

For all Orders, payment terms are established by FOURS CINEMA, at its discretion, and are subject to change. FOURS CINEMA allows payment to be made by the following methods:

• Visa
• Mastercard.

The payment platform is managed by WooCommerce.

FOURS CINEMA is not responsible for the information requested by WooCommerce and this information is requested in accordance with WooCommerce’s terms of use.

Payments must be approved by the financial institution that issued the credit or debit card. The Customer must be legally authorized to use the card that will be used to pay for the Order. FOURS CINEMA guarantees that it does not collect any banking data from Customers. In the event that the Product offered to the Customer does not benefit from chargeback and that the Consumer Protection Act (RLRQ, c. P-40.1) is applicable, FOURS CINEMA undertakes not to take any money from the Customer until the Product has been shipped or delivered electronically.

FOURS CINEMA may occasionally provide discounts, rebates and promotional codes for the benefit of Customers. Customers can find out about these by e-mail and/or by consulting the Platform.

9.2. Special provisions for Orders

The Customer may not pay in instalments. Full payment must be made in a single instalment.

PRODUCT AVAILABILITY

Availability of certain Products may be limited. FOURS CINEMA may modify or withdraw Products at any time without notice. If a Product ordered is not or is no longer available, FOURS CINEMA will notify you by e-mail, and will offer you the choice between:

• Refund of the unavailable Product, and shipment or electronic delivery of the remainder of the Order, if applicable.
• Replacement of the unavailable Product with another equivalent Product at the same price.

CANCELLATION OF ORDERS AND CHARGES

FOURS CINEMA reserves the right to limit quantities, refuse or cancel any Order, including after an Order has been submitted, even if the Order has been confirmed and invoiced. If your Order is cancelled after your payment has been processed, you will receive a full refund from FOURS CINEMA in accordance with the applicable legal and regulatory provisions and this Agreement. Cancellation of an Order by FOURS CINEMA does not incur any cancellation fees.

Order cancellations are made on the Platform or by e-mail. If the Order is paid in full, the Customer will receive a full refund. FOURS CINEMA will reimburse the fees to the Customer in accordance with the applicable legal and regulatory provisions and this Agreement.

If the Customer has received the Order after cancellation, the Customer must return the Product to FOURS CINEMA.

To the extent permitted by law, if FOURS CINEMA finds that a cancellation notice was given in bad faith or in an illegitimate attempt to avoid payment for Products actually received and enjoyed, FOURS CINEMA reserves the right to reject your refund request.

DELIVERY POLICY

FOURS CINEMA offers its Products and Services throughout Canada.

The delivery times indicated on the Platform run from the time the Order is validated on the Platform.

These delivery times are estimates and not guarantees.

FOURS CINEMA offers home delivery of FourS Supplies throughout Canada.

FOURS CINEMA delivers Tickets electronically by e-mail.

FourS Supplies are delivered by third-party companies: Purolator, Canada Post, FedEx, DHL and UPS (hereinafter the “Shippers“).

In the event that FourS Supplies purchased on the Platform are lost in transit, FOURS CINEMA must be notified within thirty (30) days of the initial announced delivery date, or in the absence of such date, within thirty (30) days of the purchase date, in order to initiate a claim to trace the missing FourS Supplies. FourS Supplies declared lost after the thirty (30) day period cannot be traced and will not be reimbursed, it being the Customer’s responsibility to initiate any claim with the Shippers.

If the Customer is a consumer within the meaning of the Consumer Protection Act (RLRQ, c. P-40.1), and has not received delivery of the FourS Supplies within thirty (30) days following the agreed delivery date, or failing that following the purchase date, the Customer may send FOURS CINEMA a cancellation notice. FOURS CINEMA will then proceed with the refund of the order within fifteen (15) days following receipt of said notice. If the Customer receives the FourS Supplies after the refund, it must be returned to FOURS CINEMA unused and in its original packaging.

Any signature obtained by the Shippers at the delivery address indicated by the Customer at the time of the order constitutes confirmation of receipt of the FourS Supplies by the Customer.

FEES AND OTHER TAXES

Unless otherwise indicated, prices do not include the applicable federal or provincial sales tax.

Taxes will be shown separately in the Order summary, accessible by the Customer before payment, as well as in the Order confirmation received following every Order, as applicable.

You must pay all sales, use, goods and services, harmonized sales and other taxes and duties related to your Order.

EXCHANGE AND REFUND POLICIES

14.1. Non-defective FourS Supplies exchange and refund policy

FOURS CINEMA does not provide refunds or exchanges for non-defective FourS Supplies purchased on the Platform, with the exception of FourS Supplies that do not conform to the description on the Platform, or where the FourS Supplies received by the Customer are not the FourS Supplies ordered by the Customer (these two scenarios hereinafter referred to as “FOURS CINEMA’ Mistake”).

The request for refund or exchange of the FourS Supplies must be made within thirty (30) working days of receipt of the Order, and the FourS Supplies must be returned unused and in its original, sealed and undamaged packaging.

In the event of return of the non-defective FourS Supplies by mail, due to FOURS CINEMA’ Mistake, FOURS CINEMA will be responsible for the shipping costs of returning the non-defective FourS Supplies and shipping the replaced FourS Supplies to the Customer.

14.2. Defective FourS Supplies general exchange and refund process policy

In the case of defective FourS Supplies purchased on the Platform, the Customer may request the repair of the FourS Supplies, an exchange or a refund within thirty (30) working days of receipt of the Order.

The defective FourS Supplies may be returned by mail to FOURS CINEMA’s offices located at 6-8445 rue de Londres, Brossard, in the province of Quebec (J4Y 0P1), Canada.

In the event of return of the defective FourS Supplies by mail, FOURS CINEMA will be responsible for the shipping costs of returning the defective Product and shipping the repaired or replaced FourS Supplies to the Customer.

For any other reason, in the event of return or exchange of the FourS Supplies by post, transport costs will be borne by the Customer.

14.3. Tickets refund

Once purchased and fully paid, Tickets are final sale. No refunds will be issued.

14.4. Canceled, postponed, rescheduled, and moved events and shows

Occasionally, events and shows are canceled, postponed, rescheduled to a different date or time, or moved to a different venue:

14.4.1. Canceled event or show

No action is required to obtain a refund. FOURS CINEMA will issue a refund to the original method of payment used at time of purchase.

14.4.2. Postponed, rescheduled, or moved event or show

The Tickets are still valid, and no further action is required. However, FOURS CINEMA may approve refunds, or the option to choose between a refund or a credit, for the event or show. Any refund and/or credit policies are determined on an event-by-event basis by FOURS CINEMA, and may be subject to limitations set by FOURS CINEMA.

If FOURS CINEMA approves refunds and/or credits, FOURS CINEMA will send the Customer a notification explaining the options, and the Customer may submit a request for a refund or credit. Alternatively, the Customer may simply keep the Tickets to the postponed, rescheduled, or moved event or show.

TICKET TRANSFER AND RESALE

The Client can transfer Tickets to another person (a friend or a family member).
The Client cannot resale Tickets.

EXCLUSION AND LIMITATION OF LIABILITY

Limited under applicable public policy laws applicable to you, FOURS CINEMA shall in no event be legally liable to the Customer or any other person for any damages incurred, including, without limitation, material or pecuniary loss suffered, loss of revenue, deprivation or diminution of profits, increased expenses, decrease in performance or goodwill, relationship difficulties between employees, officers, representatives, agents, customers or service providers of the Customer, and/or business interruption whatsoever, arising out of, in connection with or related to the Products and Services provided or to be provided by FOURS CINEMA, whether the damage is direct or indirect, foreseeable or fortuitous, concurrent or consequential, and even occurring outside the scope of the Contract. Nor can FOURS CINEMA be held responsible for market fluctuations and variations and their direct or indirect consequences for the Customer.

Moreover, subject to applicable laws, FOURS CINEMA makes no warranties, conditions, or undertakings of any kind whatsoever and gives no warranty other than as expressly set forth on the Platform. FOURS CINEMA excludes, including but not limited to the foregoing, any liability for claims related to normal wear and tear, misuse of the Product or Services or unlawful use thereof. FOURS CINEMA’s liability in the event of proceedings arising from these terms and conditions of online purchase shall be limited to the purchase price paid by the Customer to FOURS CINEMA for the Order in question.

FOURS CINEMA shall not be held liable for the Customer’s inattention, recklessness, carelessness, negligence or slight, heavy, serious, gross or intentional fault, in particular if the Customer fails to follow the recommendations of FOURS CINEMA in offering its Products and Services.

FOURS CINEMA shall not be liable for any damages or claims related to misuse, abuse, modification, improper selection, or misappropriation of the Product or Service.

Subject to the limitations of applicable laws of public order, in particular the Consumer Protection Act (RLRQ, c. P-40. 1) where applicable, the Customer hereby agrees to indemnify, defend and hold harmless FOURS CINEMA, its officers, directors, agents, employees, service providers, subcontractors and trainees, from and against any and all claims, demands or legal proceedings, including court costs and attorneys’ fees, brought by any third party resulting from or arising out of the Customer’s breach of this Agreement, the Other Policies or the documents referred to in this Agreement or the Other Policies.

FORCE MAJEURE

FOURS CINEMA shall not be held liable for the total or partial non-fulfillment of any of its obligations towards the Customer, nor for any damages or losses that the Customer may suffer if the non-fulfillment or delay of the Orders and the cancellation of shows or events result from a force majeure or natural disaster.

Force majeure refers to all events beyond the control of FOURS CINEMA, unforeseeable and unstoppable, of any nature whatsoever natural disasters, bad weather, fires, floods, avalanches, landslides or subsidence, strikes, earthquakes or other seismic threats, nuclear or ecological threats, pandemics, epidemics, lockdowns, wars, insurrections, political crises, cyber-attacks, strikes, sabotage, embargoes, interruptions or delays in transportation or communications (including interruption of service of a computer server, including a cloud server), tooling accidents and scrapping of important parts during manufacture duly noted by the Customer or one of its representatives, acts or regulations emanating from public authorities, civil or military, (including delays in obtaining authorizations or permits of any kind), including in all cases the respective direct or indirect consequences of the aforementioned events, which have the effect of offering the agreed Product temporarily or permanently unperformable.

If such an event occurs, as defined above, FOURS CINEMA must notify the Customer in writing, and the agreed performance deadlines are automatically extended by the duration of the event. If the duration of the force majeure event exceeds six (6) months, the Customer may terminate the Contract by means of a clear written notice sent to FOURS CINEMA, by post, registered mail or e-mail.

MEDIATION

Before going to court, the Parties agree to jointly appoint and have recourse to a mediator in the event of a dispute concerning the performance, application, or interpretation of this Agreement.

APPLICABLE LAW AND JURISDICTION

This Agreement shall be interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein.

This Agreement shall be treated in all respects as a distance selling contract governed by the laws of the Province of Quebec, without regard to principles of conflict of laws.

Subject to applicable laws, including the Consumer Protection Act (RLRQ, c. P-40.1), any dispute between FOURS CINEMA and Customers shall be submitted to the competent court, pursuant to section 19 hereunder.

Notwithstanding any attribution of jurisdiction and applicable law, if the Customer is a consumer within the meaning of the Consumer Protection Act (RLRQ, c. P-40.1), then any dispute relating to these terms and conditions shall be governed by the law applicable within the Province of Quebec, and shall necessarily be brought before the competent court pursuant to the rules of the Code of Civil Procedure of Quebec (RLRQ, c. C-25.01).

COMPETENT COURT

Subject to applicable laws, including the Consumer Protection Act (RLRQ, c. P-40.1), any dispute between FOURS CINEMA and Customers shall be submitted to the courts of the Province of Quebec, regardless of the Customer’s place of residence.

Notwithstanding any attribution of jurisdiction and applicable law, where the Customer is a consumer within the meaning of the Quebec Consumer Protection Act (RLRQ, c. P-40.1), then any dispute relating to these Terms and Conditions shall be governed by the laws of the Province of Quebec, and shall necessarily be brought before a court of competent jurisdiction pursuant to the rules of the Code of Civil Procedure of Quebec (RLRQ, c. C-25.01).

HEADINGS, GENDERS AND NUMBERS

The headings of the sections of this Agreement are for convenience only and are not intended to restrict or limit the interpretation of these provisions. The Parties do not intend that they be used to interpret the clauses of the Agreement.

Where the context so requires and it is expedient or proper to do so, the terms accorded with a gender shall also include all genders, with the necessary adaptations.

Where the context so requires, and where it is expedient or appropriate to do so, words in the singular also include all the plurals, with the necessary adaptations, and vice versa.

MINORS

FOURS CINEMA reminds you that the Platform is intended for use by adults, not minors. If certain advertisements on the Platform are intended for minors, any purchase of a Product or Service may only be made by an adult, and use of the Platform by a minor must be made under the supervision of a parent or guardian.

TRANSFER

You may not assign your rights or obligations under this Agreement without FOURS CINEMA’s express written consent.

APPLICATION

The Parties are bound by this Agreement and acknowledge that they are aware of each other’s rights and obligations.

CONSUMER PROTECTION

The provisions of this Agreement are not intended to replace the Consumer Protection Act (RLRQ, c. P-40.1), which takes precedence when the situation so requires within the meaning of said Act.

INTERPRETATION

This Agreement shall be interpreted in accordance with the rules of the Civil Code of Quebec (L.Q. 1991 c. 64). The clauses shall be interpreted one by one, giving each clause the meaning that results from the Agreement as a whole.

LANGUAGE: FRENCH AND ENGLISH

In the event of any problem of definition or interpretation between the English and French versions of this Agreement, the French version shall prevail.

INDIVISIBILITY OF AGREEMENT

Each provision of this Agreement shall constitute a separate and distinct whole, and any determination by a court of competent jurisdiction that any provision hereof is invalid or unenforceable shall not affect the validity or enforceability of any other provision hereof.

ENTIRE AGREEMENT

This Agreement, the Other Policies, terms and conditions incorporated herein by reference or referred to herein, constitute the entire Agreement between you and FOURS CINEMA relating to the terms and conditions of sale, use of the Platform and transactions conducted on or from the Platform. They supersede any prior agreements or understandings (whether electronic, oral, or written) regarding the subject matter hereof, and may only be modified in writing in accordance with this Agreement.

NO WAIVER

FOURS CINEMA’s failure to enforce any provision hereof or to act upon any breach hereof by you or any third party shall not in any way waive FOURS CINEMA’s right to enforce any terms hereof or to act upon similar breaches in the future.

MODIFICATION OF CONDITIONS

FOURS CINEMA reserves the right to modify, alter or otherwise update this Agreement. FOURS CINEMA will notify Customers by e-mail thirty (30) days prior to the effective date of such modifications.

If the Customer does not accept the present Agreement or, as the case may be, the Agreement as amended, the Customer must not, or must no longer, use the Platform. The Customer will have at the latest, thirty (30) days after the entry into force of the modifications to send a notification to FOURS CINEMA.

Use of the Platform by the Customer after modifications means that the Customer agrees to abide by and be legally bound by the modified Agreement. FOURS CINEMA will notify Customers of any changes to these Agreement thirty (30) days in advance.

CONTACT
For all return, exchange, refund and cancellation of Orders, please contact the contact person by e-mail: info@fourscinema.com
Phone number: +1 514 377-9234

By placing an Order, the Customer declares that he/she has read and understood this Agreement and that the entire Agreement contains no illegible or incomprehensible clauses, and the Customer accepts the entire Agreement WITHOUT RESERVATION.

Last update February 15, 2024.