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The Mercury (trading as Mercury CX Incorporated – ABN 57 865 211 307) (the Company) operates the Mercury Cinema as a product and this Site and these Terms of Use (including the Conditions of Sale) govern your use of this Site. In these Terms of Use the Cinema includes both the Mercury and Iris Theatres located at 13 Morphett Street, Adelaide.

Use of this Site

By accessing this Site, irrespective of the method or platform by which you access and use this Site, you irrevocably agree to be bound by these Terms of Use including the Conditions of Sale.

Children under the age of 16 may not purchase any product or service from this Site and must obtain the permission and assistance of their parent or guardian to do this. You warrant that your use of this Site complies with all applicable laws and these Terms of Use and you unconditionally indemnify the Company for any breach of this. The Company reserves the right to deny access to this Site for any conduct that in its discretion it believes is unlawful or breaches these Terms of Use.

In using this Site, you must not:

Disrupt the operation or security of this Site or any accounts, servers, or networks connected or accessible through this Site;
Use this Site in a way that may harass, annoy or disrupt any third person, including a third person who may receive messages as a result of your use of this Site;
Submit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any material constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise breaches any applicable law;
Submit any material of any kind which infringes the rights of any other person, including material which is an invasion of any privacy rights, which is protected by copyright, trade mark or any other intellectual property right without first obtaining the permission of the owner or relevant right holder;
Submit any material of any kind which contains a virus or other harmful component;
Delete any author attribution, legal notices, or proprietary designations or labels in any material that is submitted;
Modify or delete any content on this Site or add any content to this Site; or
Attempt to gain unauthorised access to any part of this Site.
The Company reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which breach any applicable or relevant law.

Conditions of Sale

If you purchase any product or service through this Site, you agree to be bound by the Company’s conditions of sale.

Privacy Policy

The Company respects your right to privacy and has policies and procedures in place to ensure that all personal information collected by the Company is handled sensitively, securely and in accordance with regulatory requirements. By using this Site or by purchasing any products or services from this Site, or by submitting any information to this Site, you agree to the collection and use by the Company of your personal information in accordance with the Company’s Privacy Policy.

Member Programs

The Company has a number of member programs and clubs including Cinémathèque which you may choose to join. By joining any of these member programs or clubs you agree that you have reviewed and are bound by the applicable terms and conditions of each program and club.


From time to time, the Company will run competitions on this Site and you agree to review and be bound by the terms and conditions of each competition you enter.

Advertising and Other Links

This Site may contain links to third-party controlled websites (Linked Websites) including for advertising which unless expressly stated on those Linked Websites are not controlled by the Company. The Company is not responsible for the content, nor does the Company warrant the accuracy of the content on Linked Websites and you agree that your use of Linked Websites and the content contained is entirely at your own risk. You also agree that the Company is not liable or responsible for any goods or services provided by third parties that operate Linked Websites.

Discount Vouchers and other Promotional Offers

From time to time, discount vouchers and other promotional offers (Offers) may be available on this Site. You acknowledge that these may not be able to be used at all times and your use of these Offers is subject to availability of the goods or services offered as well as any other additional conditions attached to the Offers.

Session Times and Details

This Site contains movie session times and details for the Cinema which are regularly updated and subject to change and may change from time to time. The Company does not guarantee the accuracy of the movie session times and details but will use its reasonable efforts to keep the details accurate.

Cinema Complex Information

This Site may contain Cinema complex information such as Cinema trading hours and availability of parking which the Company understands is correct at the time of posting however is subject to change. The Company does not guarantee the accuracy of the Cinema complex information but will use its reasonable efforts to keep the details accurate.

Intellectual Property Rights

As between you and the Company, you agree that all intellectual property rights (including trade marks, logos, brands, graphics, images, text, software, computer programs, film clips, videos and other media) displayed on or relating to this Site are owned by the Company (or its licensors, sponsors, suppliers or related bodies corporate) and other than as expressly permitted by the Company you agree to not copy, edit, reproduce, transmit or modify any of the content contained on this Site. To the extent that you download or stream any content from this Site you may only do so for your personal and non-commercial use. You must not create a hyperlink to this Site unless the Company provides its express permission in writing.

Material You Upload onto Site

For any material you upload onto this Site or submit to the Company through this Site including on forums or participation in competitions or film reviews, you warrant that you are the owner of this material or have obtained all necessary licences to use this material and that your use of this material complies with all applicable laws, for instance the material will not defame or vilify any person. You grant the Company a perpetual, irrevocable and royalty free licence to use this material for the purposes it was provided to the Company and consent to any acts by the Company which would otherwise be an infringement of your moral rights.


If any part of these Terms of Use is held to be illegal or unenforceable by a court of law, you agree to allow the Company to amend that part to the minimum extent necessary to make that part legal and enforceable. If that is not possible, that part will be severed from the Terms of Use with all other parts remaining in full force and effect.

Supply of Alcohol

The Mercury is licensed to serve alcoholic beverages. The Company supports the responsible service of alcohol. The Company reserves the right to check the identification of any customer who wishes to purchase alcoholic beverages at the Cinemas.

Limitation of Liability

You acknowledge and agree that unless required by law, and without limiting the Australian Consumer Law or the Consumer Guarantees, this Site and its content is provided “as is” without warranties of any kind, express or implied. You also acknowledge that you use this Site and the material contained on this Site at your own risk and to the extent permitted by law, you agree that the Company (including its related bodies corporate and affiliates), its directors, officers, employees and agents exclude all liability to you or any other person including for any consequential loss or damage including indirect, incidental or special damages, or loss of business or profits, which results from your use or access of this Site and the material contained on it.


The Company may amend these Terms of Use including the Conditions of Sale from time to time in its absolute discretion and you agree to be bound by that variation from when it appears on this Site. You understand and agree that if you use the Site after the date on which the Terms of Use have changed, the Company will treat your use as acceptance of the updated Terms of Use.

Governing Law

The Terms of Use are governed by the laws of South Australia, Australia and you submit to the exclusive jurisdiction of the courts of South Australia, Australia.

Complaints and Dispute Resolution

If you have a complaint about these Terms of Use including the Conditions of Sale, please contact us at

Conditions of Sale

Purchase of Products or Services from this Site

Your purchase of any product or service on this Site forms a legally binding agreement between you and The Mercury (ABN 57 865 211 307) (the Company) on these Conditions of Sale in addition to the Terms of Use. You also agree to be liable for any breaches of the Conditions of Sale by individuals using products or services purchased by you on this Site. Children under the age of 16 may not purchase any product or service from this Site and must obtain the permission and assistance of their parent or guardian to do this.


You acknowledge the Company’s right to enforce film classification requirements set by the Australian Classification Board and you will not purchase tickets that you (and any persons on whose behalf you purchase tickets) are not legally entitled to see, for instance if you are under 15 you cannot purchase and use tickets for a film classified M15+. The Company reserves the right to insist that you provide suitable identification depending on a film’s classification.

Cinema Specific Policies

Each Cinema of the Company has specific house polices such as Responsible Service of Alcohol and may have other conditions of entry that apply from time to time. These are made available at each Cinema and you agree to be bound by these. Cameras, audio and video recorders are not permitted inside any Cinema.
Personal Information and Payment System

In addition to the collection of personal information as set out in the Company’s Privacy Policy, you consent to Australia and New Zealand Banking Group Limited (ABN 11 005 357 522) (ANZ) collecting your personal information to process payments made by you on this Site through its ANZ eGate service.

ANZ is contactable through its website and you have a right to request ANZ to access any personal information ANZ has collected relating to you.

Your payment and credit card details submitted using this Site are fully encrypted through industry standard secure software server technology. The Company recommends that you check the Verisign certificate at the time of any purchase to confirm this measure has been taken. If you suspect that unauthorised use of your credit card has occurred as a result of a purchase from this Site, you should notify your credit card provider immediately in accordance with its reporting rules and procedures.

No Free List

The Company may impose a “no free list” or “no free tickets” restriction (NFL) to certain films and screenings in its discretion. NFL is a restriction imposed for selected films and screenings upon their release. It means that no special complimentary coupons, discounts or offers are valid for use on that specific film or screening until the restriction has been lifted. Generally, the NFL restriction will last only 1-2 weeks after a film’s release, although there are exceptions.


Where you purchase concession tickets online, suitable identification must be provided at the Cinema.

Online Fees

The purchasing of products and services may be subject to booking, credit card and other fees. Our ticket pricing incorporates fees that are incurred by The Mercury. The Company reserves the right to vary the amount of this booking fee from time to time, as specified in the ticket purchasing process.

Times and Session Details

Times and session details in relation to tickets purchased thought this Site are subject to change without notice.

Cinema Complex Information

This Site may contain Cinema complex information such as Cinema trading hours and availability of parking which the Company understands is correct at the time of posting however is subject to change. The Company does not guarantee the accuracy of the Cinema complex information but will use its reasonable efforts to keep the details accurate.

Refund and Return Policy

To the extent permitted by law, and without limiting the application of Australian Consumer Law and the Consumer Guarantees, the Company’s liability to you in connection with the purchase or use of any products or services obtained from this Site is limited to either:
(a) replacement of those products or services; or
(b) a refund of the cost of purchase of those products and services.
Refunds or exchanges are not available where you simply change your mind, or where you have mistakenly purchased the wrong ticket or where you do not have a receipt for the products or services.
To the extent permitted by law:
(a) The Company its directors, officers, employees and agents exclude all liability to you and any other persons who use a product or service you have purchased from this Site including liability for any consequential loss or damage, indirect, incidental, special damages, or loss of business or profits; and
(b) you agree that the Company may retain any booking fees or other incidental costs such as postage incurred in issuing a refund.
This clause does not amend or limit the operation of clause 17 of the Terms of Use, Limitation of Liability (clause 17).

Alcoholic Beverages

Where your purchase from this Site includes a purchase of any alcoholic beverage, you warrant that you are over 18 years of age and legally entitled to purchase this product. If you are purchasing this product on behalf of someone else, the recipient must also be over 18 years of age. You or the product recipient must supply suitable photographic proof of age evidence at the point of supply at the Cinema on request by the Company. If this cannot be presented, the Company is entitled to refuse to supply the alcoholic beverage with no further compensation to you.


GST applies to the purchase of products and services from this Site and will be charged at the time of purchase.

Force Majeure

The Company’s obligations to you will be suspended for the period in which the Company is affected by any event beyond its reasonable control which shall include without limitation an act of God, fire, flood or other extreme weather event, natural disaster, strike, electricity, power or communications failure, shortage or unavailability of products or services or a change in applicable law.

No Re-Sale or Promotional Use

Products or services obtained from this Site (including vouchers) may not be re-sold for commercial or promotional purposes, bundled with other goods and services or used for promotional purposes without the Company’s prior written consent.

Terms of Use

These Conditions of Sale form part of the Terms of Use and clauses in the Terms of Use apply in the Conditions of Sale as the context requires. If there is any contradiction between the Conditions of Sale and the Terms of Use, then the Terms of Use shall take precedence.


The Mercury (which includes the Mercury and Iris cinemas) is committed to ensuring your personal information is protected. The Mercury understands and appreciates you are concerned about your privacy and about the confidentiality and security of information we may collect about you. This Privacy Policy Statement will explain how we go about treating your personal information.

In addition to this Privacy Policy Statement, there may also be specific and additional privacy provisions, which apply to our collection and use of your personal information e.g. information provided when entering a competition, subscribing to a newsletter, or participating in a survey. If there is any inconsistency between this Privacy Policy Statement and those specific and additional provisions, the specific and additional provisions will prevail.

The information we collect about you

The types of personal information we collect about you will depend on what services you use or products you acquire. This may include collecting your name and address, your email address, your contact address, credit card details and, where you have the option to comment on our services or products, whatever other information you choose to supply to allow us to provide products and services to you.

How we use your information and whom we may disclose it to

The information that we collect about you is used to help you access the services or acquire the goods that The Mercury provides more easily. The information we collect from you is strictly confidential. We do not sell, rent, loan, trade or lease the addresses stored in our databases to any third parties.

We may disclose the personal information, other information or data we collect from you if:

(a)You give us your consent.
(b)You would reasonably expect us to disclose it for another purpose, and that other purpose is related to the purpose specified to you at the time of collection.

In this way we may use your information to send you out promotional material, which you may find of interest. If you do not wish to receive any of this material you may simply choose to “unsubscribe” from our mailing lists and no further material will be sent to you.

If you post reviews or comments on the site, you grant The Mercury a non-exclusive, royalty free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the world in any media. You also grant The Mercury and its affiliates the right to use the name that you submit with any review or comment, if any, in connection with such review or comment.

Access and Content

Any personal information that we collect about customers including email addresses will be kept in a database which is accessible only by those authorised to perform normal daily tasks such as updating addresses and renewing membership.

COVID-19 compliance

As a venue, The Mercury participates in and is compliant with any and all COVID requirements from the Government of South Australia and SA Health which may include measures for distancing and contact tracing.

Our Security Procedures

Once we receive personal information from you, we take all reasonable steps to ensure that all information we collect, use or disclose is accurate, up to date and stored in a secure environment and accessed only by authorised persons.

Contact Information

We take the privacy of your information seriously and it is important that you understand how we manage your personal information. If you have any questions or comments in relation to this Privacy Policy Statement or if you wish to access your personal information or update it please contact us at or by mail addressed to:

The Mercury
13 Morphett Street
Adelaide SA 5000

You should provide us with as much detail as possible about the particular information sought, in order to help us retrieve it. An access fee may be charged. If The Mercury does not allow you to access your personal information we will provide you with the reasons for our decision.


The Mercury adheres to the following privacy principles:

The Mercury only collects personal information by fair, lawful and non-intrusive means.

The Mercury only uses or discloses information for the purpose for which it was collected unless the person has provided permission to send direct marketing material.

The Mercury takes reasonable steps within the boundaries of accepted everyday work practises to ensure that the personal information it collects, uses or discloses is accurate, complete and up-to date.

The Mercury implements systems that protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure.

The Mercury provides printed and digital means for individual access to personal information it holds about that individual on request.

The Mercury do not adopt, use or disclose, an identifier that has been assigned by a Commonwealth government ‘agency’.

The Mercury do provide methods for customers to interact anonymously whenever it is lawful and practicable to do so.

The Mercury does not transfer personal information to a recipient in a foreign country in circumstances where the information will not have an appropriate level of protection.

The Mercury does not collect sensitive information unless the individual has consented, it is required by law – or in other special specified circumstances, for example relating to health services provision and individual or public health or safety.

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