All transactions on the Cinépolis India Website, monetary and otherwise, are non-refundable, non-exchangeable and non-reversible, save and except in the event of proven gross negligence on the part of Cinépolis India or its representatives, in which event the User agrees that the User shall only be entitled to a refund of the amount actually paid by the User and actually received by Cinépolis India with respect to the purchase of tickets/ updates of member accounts/ purchase of virtual cards / gift voucher amounts / whether through the use of virtual card, credit card charge, card debit card, smart card or cash, which amount shall constitute liquidated damages. Cinépolis India or its Representatives shall not be liable for refund of any amount paid for purchasing tickets on line or availing any other Services on the Cinépolis India Website, save and except in the event of proven gross negligence on the part of Cinépolis India or its Representatives, then Cinépolis India or its Representatives, as the case may be, shall pay liquidated damages amounting to the actual amount paid by the User and actually received by Cinépolis India with respect to the purchase of tickets/ updates of member accounts/ purchase of virtual cards / gift voucher amounts / whether through the use of virtual card, credit card charge, card debit card, smart card or cash, which amount shall constitute liquidated damages.
UNDER NO CIRCUMSTANCES SHALL Cinépolis India OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE Cinépolis India WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Cinépolis India HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Cinépolis India'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT OF THE AMOUNT ACTUALLY PAID FOR BY ANY USER WHILE AVAILING ANY OF THE SERVICES ON THE Cinépolis India WEBSITE.
The Cinépolis India Website features a lot of content that is provided by third parties. Cinépolis India, its Representatives or any of its data or content providers shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon. In the event of the User suffering any loss or damage pursuant to reliance on such information and/or Content on the Cinépolis India Website or any third party websiteor due to the use of services, Cinépolis India or its Representatives shall not be liable in any manner and the User shall use such information at its sole risk. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis. The Content may vary depending upon the User's browser limitations. Cinépolis India, or its Representatives, including content providers assume no responsibility for the timeliness, deletion, mis or non delivery or failure to store any User communications or personalization settings or deliveries. No action should be taken or omitted to be taken in reliance upon information on the Cinépolis India Website. Users should obtain specific professional advice concerning specific matters and Cinépolis India or its Representatives accepts no responsibility for any loss resulting from reliance on any information or Content contained on the Cinépolis India Website or in respect of any information on any other sites to which the Cinépolis India Website may be linked. You expressly agree that Cinépolis India or its Representatives are not responsible or liable for, and shall be released and held harmless from: telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; any conditions or events of force majeure or beyond the reasonable control of Cinépolis India or the Cinépolis India Website that may cause any or all of the Services to be disrupted or corrupted; "Force Majeure" shall mean and includes without limitation riots, floods, earthquake, storm, terrorist activities or actions, war, act of God, civil disturbance of any nature whatsoever, any governmental or municipal action or the failure of any telephonic or electronic equipment hardware or software programmes, network, Internet, virus corruption or other failure or malfunctions of any kind or any other event analogous to the foregoing. any printing or typographical errors in any materials or Content associated with or with respect to any or all of the Services; any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in any or all of the Services or the acceptance, possession, or use of any prize or prizes with respect to any Service, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. None of the above shall be taken to exclude liability for fraud.