Time Out Tickets
These terms and conditions apply only to a sale of tickets by Time Out and not by any of its ticketing partners who shall be responsible for such sales upon their own terms and conditions.
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Definitions and Interpretation
"Event" means an entertainment event including, without limitation, a concert, exhibition, sports, theatrical and/or music event to be held at a Venue in respect of which Time Out have the right to sell You Tickets.
"Tickets" means tickets or other types of evidence (including electronic tickets) for an Event sold by Time Out to You on behalf of the organisation responsible for the Event for the right to occupy space at or to attend an Event.
"Venue" means any facilities or locations of any nature where the Event is being held.
"Time Out" means Time Out Digital Limited.
"Time Out" and "Time Out's" shall be read accordingly.
"You" means you or anybody who in Time Out’s reasonable opinion is acting with your authority or permission. "Your" shall be read accordingly.
"Promoter" means the person firm or company staging the Event if different from Time Out and the Venue.
"Group" means group organisers, charities, travel and coach companies or other organisations that Time Out have agreed to sell to knowing that the Tickets are intended for resale.
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Incorporation
These Terms and Conditions incorporate and should be read in accordance with the Venue and/or Promoter terms, conditions and regulations, copies of which are available upon request from the Venue. In the event of any inconsistency between the terms in relation to Venue or Promoter requirements, those of the Promoter shall prevail. If no Promoter, those of the Venue shall prevail.
These Terms and Conditions are an extension of STAR ’s Code of Practice which is available from STAR (0844 879 4272, www.star.org.uk)
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Tickets
All Tickets are sold subject to availability and to these Terms and Conditions. These Terms and Conditions should be read carefully prior to purchase and any queries relating to them should be raised with us prior to purchase, as purchase of Tickets constitutes acceptance of these Terms and Conditions A valid Ticket must be produced to get into an Event. Removing any part of, altering or defacing the Ticket may invalidate Your Ticket. It is Your responsibility to check your tickets as if you have made a mistake it cannot always be rectified after purchase. Please check your Tickets on receipt carefully and contact us immediately if there is a mistake.
Time Out will not be responsible for any Ticket that is lost, stolen or destroyed. It is not always possible to issue duplicate tickets. For example for non-seated events where there is a possibility of both the original and duplicate tickets being used, compromising the licensed capacity of the venue. Duplicates may therefore be issued at the discretion of the Promoter or the Venue acting reasonably. If duplicates are being issued, a reasonable administration charge may be levied. Time Out and the Promoter reserve the right to provide alternative seats at an Event to those specified on the Ticket if the staging of the Event reasonably requires, provided they are of no less value to that stated on the Ticket. Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required. Ownership or possession of a Ticket does not confer any rights (by implication or otherwise) on You to use, alter, copy or otherwise deal with any of the symbols, trade marks, logos and/or intellectual property appearing on the Ticket.
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Price and payment
The price of the Ticket shall be the price set at the time Time Out accept Your order. All prices set are inclusive of any applicable taxes but exclusive of any booking fee, collection or delivery fee and, if applicable and requested by you any insurance product. No order will be accepted until Time Out has received full payment. You agree to us debiting or authorising the amount of the total ticket purchase price including commission, VAT, etc.) from your credit/debit card - we'll confirm to you how much this will be before you confirm the purchase.
Credit/debit card or bank account details: In an effort to minimise the effects of credit card fraud, You allow us to carry out random checks, including checks of the electoral roll, and you agree that we may request you to either fax or post to us proof of your address and a copy of a credit card recent statement before listing any tickets, making any payment or issuing any tickets. You acknowledge that your failure to supply the correct credit or debit card billing address information may result in the cancellation of your tickets. Please ensure that the billing address details you give match those on your billing statement.
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Delivery
Unless notified to the contrary, e-tickets will be issued by email to the email address supplied at the point of purchase, to be exchanged at the Venue box office for entry. No paper tickets will be issued by Time Out.
In the event that paper tickets are to be posted out by Time Out, You will be notified at the point of postage.
Tickets will only be delivered to the billing address of the debit/credit card holder unless Time Out specifically offer You the facility for Tickets to be sent to an alternative address. If Your Tickets are not being held at the Venue box office, and You have not received Your Tickets from Time Out 72 hours prior to the Event, please contact Time Out. If Tickets dispatched by Royal Mail ordinary post, special delivery or registered post are returned to Time Out as "addressee unknown" Time Out reserve the right to cancel Your booking and make a refund of the Ticket price only. Time Out reserve the right to make Tickets available for collection at the Venue box office. You will be notified by telephone, email or in writing of the arrangements for collection (using the details provided at the time of ordering) if this becomes necessary. Where there is not enough time to deliver Tickets, You will be told at the point of purchase the arrangements for collection of Your tickets. Where you are collecting your tickets from Time Out, in person, there will be no charge made for this service. If You are collecting Your Tickets from the Venue box office, You must have Your acknowledgement of order and the credit/debit card used to make the order with You. You will be able to collect Your Tickets [to be inserted by Ticket seller] hour[s] prior to the start of the Event.
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Changes to Event
The organiser of the Event and/or the Venue reserves the right to make alterations to the published Event programme where reasonably necessary.
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Refunds/exchanges
Except where Time Out offer an applicable Ticket exchange or resale facility, Tickets cannot be exchanged or refunded after purchase unless the performance is cancelled or rescheduled (subject to below) or where there is a material change to the programme of Event. Where an Event is cancelled or rescheduled (subject to below) by the Venue or Promoter, where an Event is cancelled or rescheduled due to circumstances beyond Time Out's control, or where there is a material change to the programme of the Event, You will be entitled to claim a refund from Time Out in accordance with this clause. A 'material' change is a change which, in Time Out's reasonable opinion, makes the Event materially different to the Event that purchasers of the Ticket, taken generally, could reasonably expect. The use of understudies in a theatre performance shall not be a material change. Where an outdoor Event is cancelled or curtailed because of adverse weather, Time Out shall not be liable to make any refund or pay any compensation beyond the refunds that may be payable under the Venue's or Promoter's rules. Where such a refund is sought You must bring this to Time Out's attention as soon as possible upon becoming aware of such change, cancellation or where the Event has been rescheduled, prior to the rescheduled Event. The refund for Tickets equals at least the face value price paid or, if the face value has been reduced by the organiser, the discounted face value price paid in accordance with the STAR Code of Practice. In order to claim Your refund, please apply in writing to Your point of purchase, enclosing Your complete unused Tickets, if received, promptly (which must be no later than 3 months from the scheduled date of the Event). Refunds shall only be made to the person who purchased the Tickets and, when possible, be made using the same method as was used to purchase the Tickets except, at Time Out's discretion, where payment was made by cash.
These Terms and Conditions do not and shall not affect your statutory rights as a consumer. For further information about your statutory rights contact Citizens Advice, Consumer Direct (http://www.consumerdirect.gov.uk/) or the Department for Business Innovation and Skills
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Liability
Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by You are at your own risk. Liability for the cancellation or rescheduling of an Event, or for material changes to an Event, will be limited to the refund as set forth in Section 7. Neither Time Out nor the Venue nor the Promoter will be responsible for any loss, theft or damage of Your personal belongings, other than caused as a result of Time Out's negligence or that of the Venue or the Promoter or other breach of statutory duty.
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Cancelled/rescheduled Events
It is Your responsibility to ascertain whether an Event has been cancelled or re-scheduled and the date and time of any re-scheduled Event. Where an Event is cancelled or re-scheduled, Time Out will use Time Out's reasonable endeavours to notify You using the details You provided Time Out with at the time of ordering. Time Out do not guarantee that You will be informed of such cancellation before the date of the Event. It is Your responsibility to inform Time Out of any change to the contact address, telephone number or email address You provide Time Out with at the time of ordering. For football matches, no guarantees can be given that the Event will take place at a particular time or on a particular date. Time Out, the Venue and the Promoter reserve the right to reschedule any such Event-without notice and without any liability whatsoever. The details given on football tickets are indicative only and it is Your responsibility to check the final arrangements for any matches for which you have tickets including the date and Kick-off time of any such Event.
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Use of personal details and Data Protection
Time Out’s privacy policy can be found at www.timeout.com/about/privacy.php
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Resale/use of Tickets and property
You may not re-sell or transfer a Ticket if prohibited by law. In addition, re-sales or transfers of Tickets may be prohibited for certain events subject to the specific terms and conditions of those events (for example but not exclusively limited to charity events or events where age restrictions may apply because of content of the entertainment or licensing requirements). Where a Ticket is offered for resale in line with these terms and conditions, you must provide to the buyer full details of the ticket. Full details include, if printed on the ticket, the block or tier, row and seat number. Buyers must also be made aware of these terms and conditions and any other terms and conditions that are specific to the event. You should check whether any special terms apply before offering a free Ticket for resale. Free tickets are often provided for specific reasons limiting their transferability.
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Void Tickets
Any Ticket obtained in breach of these Terms and Conditions shall be void and all, rights conferred or evidenced by such Ticket shall be void. Any person seeking to use such a void Ticket in order to gain or provide entry to an Event may be considered to be a trespasser and may be liable to be ejected and liable to legal action. Void Tickets are non-refundable.
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Restrictions on the purchase of tickets
Tickets may be restricted to a maximum number. Any such restriction shall be notified to You at the time You book the Tickets. Time Out reserve the right to cancel Tickets purchased in excess of this number and without the Agent's agreement, without prior notice unless the purchase of an excess was due to Time Out's error.
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Conditions of Admission
The management of the Venue reserves the right to refuse Ticket holders admission to the Venue in reasonable circumstances including for health and safety, licensing reasons or where a Ticket is void. The management of the Venue also reserves the right to request that Ticket holders leave the Venue at any point on reasonable grounds and may take any appropriate action to enforce this right. By way of example, the Venue may remove a Ticket holder who:
1) has behaved in the Venue in a manner which, in the reasonable opinion of the Venue has, or is likely to affect the enjoyment of other visitors; or
2) uses threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a manner which may provoke a breach of the peace; or
3) in the reasonable opinion of the Venue is acting under the influence of alcohol or drugs; or
4) fails, when required, to produce proof of identity or age. You must comply with instructions and directions given by Venue staff and stewards. No refunds will be given to Ticket holders who are refused entry or ejected due to their own behaviour as suggested in, but not limited to, the examples above.
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Restrictions and prohibitions
The use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data inside any Venue is strictly forbidden. Unauthorised recordings, tapes, films or similar items may be confiscated and destroyed. Any recording made of an Event in breach of these conditions shall belong to the Promoter. The Promoter and Venue will not be liable for any loss, theft or damage to confiscated items.
By attending an Event, Ticket holders consent to filming and sound recording of themselves as members of the audience. The Promoter may use such films and recordings (including any copies) without payment. Ticket holders shall not bring into the Venue or display or distribute (whether for free or not) at the Event any sponsorship, promotional or marketing material’s. Mobile telephones and messaging equipment must be switched off during the Event. Alcohol may only be consumed in public bars and other authorised areas. Smoking is not permitted unless within a designated smoking Area (if any). The following are not permitted within any Venue:
1) animals (with the exception of guide dogs);
2) laser pens
3) Your own food and drink (unless permitted by the Venue);
4) bottles, cans or glass containers (unless permitted by the Venue);
5) any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives);and
6) illegal substances.
The management of the Venue reserves the right to conduct security searches from time to time and confiscate any item which, in the reasonable opinion of the management of the Venue, may cause danger or disruption to other members of the audience or the Event or is one of the items not permitted in the Venue as listed above.
Every effort shall be made to admit latecomers to Events at a suitable break in the Event, which may be the interval, but late admission cannot be guaranteed. Ticket holders may only leave and re-enter the Venue during an Event at the discretion of the management of the Venue. Otherwise, there will be no re-admission or pass-outs of any kind. The obstruction of gangways, access-ways, exits, entrances or staircases, congregating in non-designated areas or seeking entry to stands or seats for which You do not hold a Ticket is strictly forbidden.
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Health and Safety
Ticket holders must comply with all relevant statutes, safety announcements and Venue regulations whilst attending the Event. If Ticket holders have any special requirements or concerns about any special effects which may be featured at the Event, prior notice should be provided when ordering Tickets. Special effects may include, without limitation, sound, audio visual, pyrotechnic effects or lighting effects.
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Dispute Resolution
If any dispute arises out of these Terms and Conditions, Time Out will attempt to settle it. To this end Time Out shall use Time Out’s reasonable endeavours to consult or negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to both parties. Although this does not restrict your rights to pursue court proceedings, if we are unable to settle any dispute by negotiation within 21 days, the parties may attempt to settle it by mediation. To, initiate a mediation a party must give written notice to the other parties to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out, the procedures to be adopted, the process of selection of the mediator and the costs involved, and which terms are deemed incorporated into this agreement.
STAR can be contacted at:
PO Box 43
LONDON
WC2H 7LD
Telephone: 0844 879 4272
email: info@star.org.uk -
Waiver
If Time Out delay or fail to enforce any of these Terms and Conditions It shall not mean that Time Out have waived our right to do so.
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Assignment
Time Out shall be entitled to assign any of Time Out’s rights and obligations under these Terms and Conditions provided that Your rights are not adversely affected.
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Severability
If it is found by a Court that any of these Terms and Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.
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Third Parties
Any person, other than the Venue or Promoter, not a party to these Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions. The Act can give rights under some contracts to third parties who are not parties to those contracts but in this case only Time Out, the Venue, the Promoter and You (or your assignees permitted hereby) have rights and obligations under this contract.
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Force Majeure
For the purposes of these Terms and Conditions, “Force Majeure” means any cause beyond Time Out’s control including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments. Time Out will not be liable to You for failure to perform any obligation under these Terms and Conditions to the extent that the failure is caused by Force Majeure. This Clause does not affect the terms of Clause 7.
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Amendments and variations
Time Out intend to rely on the written terms set out here in this document as well as the written terms and conditions of the Venue and the Promoter. You should read the terms and conditions carefully before entering into the contract to ensure that they contain everything that You consider has been agreed. If they do not then you should speak to any member of staff. After the contract has been made, these Terms and Conditions cannot be varied or amended in any respect unless both You and Time Out agree and it.
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No Partnership or Agency
Nothing in these Terms and Conditions and no action taken by You or Time Out under these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other relationship between You and Time Out beyond the relationship created under these Terms and Conditions.
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Entire agreement
These Terms and Conditions, and the terms and conditions of the Venue and the Promoter and any specially agreed terms constitute the entire agreement between the parties in connection to, its subject matter and supersede any previous terms and conditions, agreement or arrangement between the parties.
Each of the parties agrees that it has not entered into these Terms and Conditions in reliance on, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to these Terms of Conditions or not) other than as expressly set out in these Terms and Conditions.
Nothing in this clause shall operate to limit or exclude any liability for fraud. is preferable that this is in writing).
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Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in all respects in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
Time Out Offers
The following terms and conditions (the "Terms") form a binding agreement between you whether Purchaser or Merchant ("you" or the "User") and TIME OUT DIGITAL LTD ("we" or "Time Out"). By using the services offered through the software services made available by Wantsa at www.timeout.com/london/deals (the "Services" and the "Webpages" respectively), User agrees to comply with all of these Terms. If you do not agree with these Terms you must cease using the Services Webpages. We offer authorized originating users (the "Merchants") of our Services the ability to feature and publish their offers, deals, surveys and any other promotional based offerings (collectively, the "Deals") through our Webpages for purchase by individual purchasers (the "Purchasers").
1. Operation of the Services and the Webpages
Time Out shall have the right at any time to change or discontinue any aspect or feature of the Webpages and the Services, including, but not limited to, the types of Deals offered by Time Out.
You acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Time Out, and Time Out shall not be responsible for any data lost while transmitting information on the Internet. The Webpages may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Time Out, access to the Services and the Webpages may be interrupted, suspended or terminated from time to time.
2. Conduct of User
All interactions on the Webpages and through the use of the Services must comply with these Terms. User shall not post or transmit through the Webpages or through the use of the Services any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Time Out's express prior written approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in Time Out's exclusive discretion restricts or inhibits any other user, Merchant or Purchaser from using or enjoying the Services and the Webpages is strictly prohibited. User shall not use the Services and the Webpages to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of the Webpages to become users of other similar sites or offline services directly or indirectly competitive or potentially competitive with Time Out.
3. User Data
If you choose to create an account with us as a Purchaser or Merchant, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. You are solely responsible for any and all access to any Webpages by persons using your account. Please notify us immediately if you become aware that your account is being used without authorization.
4. Deals
If you chose to place an order for a given Deal, you make an offer to purchase the Deal from a Merchant on the terms, restrictions and conditions associated with the Deal. Once you place an order, you will receive a confirmation of the Deal and for those Deals requiring payment, you will be charged for the amount of the Deal. The Deal you purchase through Time Out is redeemable for goods or services by the Merchant. The Merchant, not Time Out, is the seller of the Deal and the goods and services associated therewith and is solely responsible for redeeming any Deal you purchase.
The Merchant is the holder and issuer of a Deal and as such, the Merchant shall be fully responsible for any and all damages, claims, liabilities and costs suffered by or in respect of a Purchaser, caused in whole or in part by the Merchant, as well as for any unclaimed liability arising from unredeemed Deals or portions thereof.
Intellectual Property
The Services are the exclusive property of Time Out's technical platform provider Wantsa (Canada) Inc., or are used with express permission of the copyright or trademark owner. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying the Webpages without the express written permission of time out is strictly prohibited. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and criminal penalties.
The Services and the Webpages contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Webpages are protected by copyright as a collective work under International copyright laws. Time Out may own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Time Out or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that he, she, or it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Webpages otherwise owned or operated in conjunction with Time Out shall not be deemed to be in the public domain but rather the exclusive property of Time Out, unless such site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Time Out unless otherwise stated.
User shall not submit or otherwise make available on the Webpages any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Time Out does not have any express burden or responsibility to provide User with indications, markings or anything else that may aid User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. If you chose to or are required to make available any material through utilizing the Services or the Webpages, you warrant that the owner of such material has expressly granted Time Out the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other user to access, view, store or reproduce the material for that User's personal use. User hereby grants Time Out the right to edit, copy, publish and distribute any material made available through the use of the Services or the Webpages by User.
By posting communications on or through the Webpages, User shall be deemed to have granted to Time Out a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees.
The name "WANTSA" and the associated logo are trademarks, tradenames and servicemarks of Wantsa Media (Canada), Inc. and United Media Partners Inc. The name "Time Out" and the associated logo are trademarks, tradenames and servicemarks of Time Out Group Ltd. All rights are expressly reserved. Unless otherwise indicated, all other trademarks appearing on WANTSA and Time Out are the property of their respective owners.
6. Disclaimer of Warranty
USER EXPRESSLY AGREES THAT USE OF THE SERVICES AND THE WEBPAGES IS AT USER'S SOLE RISK. THE WEBPAGES AND THE SERVICES ARE MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TIME OUT HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WANTSA, TIME OUT, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SERVICES AND THE WEBPAGES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBPAGES, OR THE SERVICES, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR DEALS PROVIDED THROUGH THE WEBPAGES. FOR THE AVOIDANCE OF DOUBT, WANTSA AND TIME OUT DO NOT HAVE CONTROL OR OWNERSHIP OF ANY DEALS AT ANY TIME AND DOES NOT GUARANTEE: (I) THE EXISTENCE AND AVAILABILITY OF ANY DEALS, OFFERS OR ADVERTISEMENTS; (II) THE TRUTH OR ACCURACY OF ANY CONTENT OR INFORMATION PLACED ON THE WEBPAGES BY A USER; (III) THE TRUTH OR ACCURACY OF STATED IDENTITIES USED BY ANY USER, ORIGINATOR OR PUBLISHER; OR (IV) THE ABILITY OF ANY ADVERTISER TO LAWFULLY CREATE AN OFFERING.
7. Limitation of Liability
IN NO EVENT SHALL WANTSA OR TIME OUT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS. IN NO EVENT WILL WANTSA OR TIME OUT'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE USE OF THE WEBPAGES AND THESE TERMS EXCEED CD$25,000.
8. Monitoring
WANTSA shall have the right, but not the obligation, to monitor the content of the Webpages and the Services at all times to determine compliance with these Terms and any operating rules established by WANTSA, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, WANTSA shall have the right, but not the obligation, to remove any material that WANTSA, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
9. Privacy
TIME OUT is committed to maintaining the security, confidentiality and privacy of your personal information. Our Privacy Policy is found here: http://www.timeout.com/about/privacy.php
10. Indemnification/Release
Merchants agree to defend, indemnify and hold harmless Wantsa, Time Out, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by Purchasers by way of the Services or the Webpages.
Merchants are solely responsible for interactions with Purchasers through the Webpages. To the extent permitted under applicable laws, User hereby releases WANTSA, Time Out and their officers, directors, employees and agents from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant's failure to comply with applicable law and failure to abide by the terms of a Deal, and any conduct or speech, whether online or offline, of any other user.
11. Termination
Time Out shall have the right to immediately terminate or suspend any passwords or accounts of User in the event of any conduct by User or which Time Out in its sole discretion, consider to be unacceptable, or in the event of any breach by User of these Terms. The provisions of Sections 2.0, 5.0, 6.0, 7.0, 9.0, 10.0 and 16.0 will survive termination of these Terms.
12. Third-Party Content
The Webpages are designed to publish Deals provided by Merchants. Accordingly Time Out has no editorial control over the content of the Deals. Any opinions, statements, services, offers, or other information or content expressed or made available by Merchants or other users are those of the respective authors or distributors and not of Time Out. Time Out neither endorses nor is responsible for the accuracy or reliability of the content of any Deal. Under no circumstances will Time Out be liable for any loss or damage caused by your reliance on information obtained through this Service.
Time Out contains links to third-party Webpages maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Time Out of the contents on such third-party sites, and Time Out hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Webpages. If you decide to access linked third-party Webpages, you do so at your own risk. Unless you have executed a written agreement with Time Out expressly permitting you to do so, you may not provide a hyperlink to the Webpages from any other Webpages. Time Out reserves the right to revoke its consent to any link at any time in its sole discretion.
13. Representations
You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Services and the Webpages. However, if you are at least 13 years old but not yet 18, you may use the Webpages in conjunction with your parent or guardian who agrees to these Terms. No one under age 13 may use the Webpages.
14. Governing Law
These terms shall be governed by and construed under the laws of England and Wales. Any suit, action or proceeding arising from or relating to these Terms must be brought, solely and exclusively in London, England, and the User irrevocably consents to the jurisdiction and venue of any such court in any such suit, action or proceedings and the User will not object to such venue.
15. Miscellaneous
These Terms and any operating rules for Time Out established by Time Out, constitute the entire agreement the User and Time Out with respect to the subject matter hereof. No waiver by Time Out of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of these Terms is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these Terms, and the remaining portions of these Terms shall continue in full force and effect. The failure of either party to exercise any of its rights under these Terms shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder. The right to use the Services and the Webpages is personal to User and is not transferable to any other person or entity.
16. Modification of Terms
Time Out reserves the right at all times to modify any of the Terms as we deem necessary or desirable and any such modifications become effective immediately upon being posted to the Webpages, provided that such changes will not apply to Deals purchased prior to the effective date of such changes. It is your sole responsibility to check the Webpages from time to time to view any such changes to the Terms. If you do not agree to any changes, if and when such changes may be made to the Terms, you must cease use of the Webpages and the Services. Your use of the Webpages after any modifications to the Terms indicates that you agree to such modified Terms.
