Terms and Conditions - UK Events
Last Updated 21 March 2018
1. Who we are and about these terms
1.1 Time Out Live organizes live events (“Event(s)”), tickets (“Tickets”) to which are offered for sale at www.timeout.com (“the Website”) and in some cases on Third Party sites. Events are hosted by Time Out England Limited, a company incorporated in England and Wales with its principal place of business at 77 Wicklow Street London WC1X 9JY (“Time Out”, “us” or “we”). In some instances, we may partner with event producers to assist us with hosting the Event(s) (“Event Producers”), or with a third-party venue provider (“Venue”).
1.2 These are the terms and conditions which apply to your purchase of tickets for Events, as well some of the terms and conditions which apply to your attendance at Events ("Terms"). By purchasing a ticket and/or by attending an Event, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not purchase a ticket or attend an Event. You should read these Terms carefully before purchasing your ticket. We recommend you save a copy of them for your future reference.
1.3. You acknowledge that additional restrictions and additional terms may apply to Events and/or Venues depending on the Event for which you purchase tickets. For Events where alcoholic beverages are available, access may be restricted to individuals over the age of 18. You agree to consult the relevant Event description for details of any additional terms or restrictions before purchasing your ticket (“Additional Terms”). You acknowledge that these Terms and Additional Terms apply to ticket holders, whether or not the ticket holder is the purchaser of tickets for Events.
2. Release and Limitation of Liability, Assumption of Risk
2.1. You warrant and represent that you are at least 18 years old.
2.2. You acknowledge that attendance at, or participation in, an Event and/or attendance at, use of, or access to, any Venue is at your own risk and may be hazardous and may involve risk of serious personal injury or death or loss or damage to your personal property and other risks.
3. About our Events
3.1. You should ensure you arrive promptly for the Event. If you arrive late to the Event you may not be allowed to enter. The determinations of whether you arrived late, as well as the decision whether to allow late entrants to any Event, are within the sole discretion of Time Out, Event Producers and/or the Venue. If you are not permitted to enter, Time Out will not refund fees or any other costs paid by you.
3.2. Time Out and the Venue reserve the right in their discretion, to request that any person leave an Event, including for safety and security considerations. No refund of fees or any other costs will be made in these circumstances.
3.3. You acknowledge that Time Out, Event Producers and/or Venues may impose certain measures before allowing access to an Event or Venue, including, but not limited to, searches of the Ticket holder’s person and/or x-ray scans of clothing, bags and other items. The following non-exhaustive list of items may not under any circumstance be brought into any Venue: explosive substances or materials, pyrotechnics, offensive weapons and firearms (including replica or toy firearms), projectiles and similar devices; sharp items e.g. knives (including Swiss army knives) scissors, cutlery and/or screwdrivers; spray paint; padlocks and/or chains; items that make a noise (e.g. whistles); banners, placards and/or flags; alcohol; any other items which in our opinion pose a health and safety risk to, or affect the enjoyment of, the other visitors in any way (“Prohibited Items”). You may be refused entry to the Venue, or may be ejected from it, and required to surrender any tickets you hold without refund, if you refuse searches or refuse to surrender Prohibited Items.
3.4. You acknowledge that the Venue, timing, speakers and other elements of any Event are subject to change without notice.
3.5. Please ensure you take care of your personal possessions as neither Time Out, Venue, Event Producers nor other Event Entities can accept any liability for them.
3.6. Personal arrangements including travel, accommodation or hospitality relating to an Event which have been arranged by you are at your own risk.
3.7. You are responsible for your transport to and from the Event and other costs not specifically included in the price of the Ticket (such as drinks, snacks and meals not included in the price).
3.8. You may not take photographs, film, sound recordings or any other recordings at Events for any trade or commercial purpose without the express written consent of Time Out and, as applicable, Event Producers, Venue or others.
3.9. Additional restrictions on items which may be taken into an Event Venue may also apply (e.g. your own food and drink).
4. Fees and Payment
4.1. Details of the ticket price for each Event will be set out on www.timeout.com (“the Ticket Price”). The Ticket Price shown includes tax.
4.2. Ticket Prices may change at any time, but price changes will not affect confirmed purchases.
4.3. Payments for ticket purchases are processed by PayPal.
4.4. When you purchase a ticket to an Event you are accepting these Terms in addition to any specific terms that PayPal requires that you accept to complete the purchase. Upon receipt of confirmation of payment from PayPal that PayPal has received your payment for the Event, Time Out will issue you an e-ticket or e-ticket(s) to the Event by email to the email address you have provided.
4.5. It is your responsibility to ensure that the email address you provide to us is valid.
4.6. Subject to applicable law, you may not resell, or transfer tickets purchased through the Website commercial gain or any commercial purpose
5. Refunds and cancellations
5.1. You cannot get a refund if you have purchased a Ticket to an Event and you have changed your mind or you can no longer attend the Event.
5.2. If an event is rescheduled to another date, your tickets will be valid for the rescheduled date.
5.3. You are also not entitled to a refund if an understudy appears in place of a show's headline star or a headlining artist changes from the ones advertised on a music festival line-up.
5.4. If the Event you have booked is cancelled, rescheduled or has changed location, you are entitled to a refund of the face value of the Ticket Price (which does not include booking fees or postage fees).
5.5. If the face value of the Ticket Price has been reduced, the refund will be for the discounted face value of the Ticket Price.
5.6. If you do not attend an Event for which you purchased a ticket, Time Out will not refund your Ticket Price
5.7. Time Out will notify you of such refund via e-mail within a reasonable period of time and will endeavour to process the refund due to you as soon as possible.
5.8. All refunds will be processed using the same method used by you to make payment for your Ticket.
5.9. Time Out may cancel any Event at any time prior to its commencement for any reason. If it does so, Time Out will refund you the Ticket Price. Time Out is not responsible for any cost or damage of any postponement or cancellation.
5.10. Subject to applicable law, Time Out may, in its discretion, refuse to refund the Ticket Price where Time Out is forced to cancel part or all of an Event for reasons beyond its control.
6. Feedback and Complaints
6.1. Events are designed to provide an enjoyable and high-quality experience for those attending. In the event of a complaint, comment or feedback (“Feedback”), email firstname.lastname@example.org. Please provide any Feedback to Time Out within 14 days of the Event ending. We take Feedback seriously and will aim to investigate and respond to any complaints as quickly as possible. You grant to Time Out a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
7. Your Personal Data and Data Protection
7.1. By placing an order and purchasing a Ticket through the Website, you agree to provide only accurate and complete registration information and you will keep that information up to date if it changes. You must never use another Website user’s account without obtaining their prior consent. You are solely responsible for any and all access to the Website by persons using your account and so we suggest you keep your account password secure. You must notify us immediately if you become aware of any unauthorised use of your account.
7.3. Time Out may use all the information that you supply to us in purchasing a Product (such as your name, address, email address, telephone number, etc.) for the purposes of:
a) completing the transaction;
b) statistical analysis;
c) sending you news of our special events, offers, promotions and newsletters either by post, email, SMS or through any social network (you can manage your preferences using your user account and can opt out of receiving such communications at any time); and
d) market research.
7.5. Filming and photography may take place at Events by Time Out and/or the Venue where the Event is held. You acknowledge that all films and photography taken by Time Out are owned by Time Out, including any copyrights therein. You consent and acknowledge that films and photography may be taken of you at Events and you consent to your image and likeness being used by Time Out on the Website and micro-sites, applications, in all media, including but not limited to print, application, website, digital and social channels and for marketing and promotions without any payment to you.
8. Service access
8.1. While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
9. Visitor material and conduct
9.1. Your use of the Website must be compliant with these Terms. If you, in our sole discretion, are deemed to have been or are carrying out any of the following prohibited activities, we reserve the right to take such action as we deem necessary, which may, without limitation, include suspension or termination of your account, the revocation of any unredeemed vouchers in connection with the Product that have been purchased by you and preventing you from re-enrolling or joining the Website under a new account:
(a) Posting or transmitting to or from the Website any material:
i) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
ii) which violates or infringes in any way upon the rights of others; or
iii) for which you have not obtained all necessary licences and/or approvals; or
iv) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(b) Misusing the Website (including, without limitation, by hacking) by:
i) creating multiple accounts under your name, any aliases or using accounts as may have been created by other individuals however which, in the sole determination of Time Out, are being managed by you; or
ii) using the Website, any user account, or any content therein for any other commercial purpose, including to compete directly or indirectly with Time Out; or
iii) using the Website, or any user account, to purchase Tickets for resale, financial speculation, exceeding quantity limits for purchasing Tickets or for any other reason, fraudulent or otherwise, unless expressly permitted under the terms of these Terms; or
iv) using the Website to solicit, advertise to or contact Merchants or Website end-users to become users of any other services provided by or through you which would be directly, indirectly or potentially competitive with Time Out, including, without limitation, offering current or previously offered Offers; or
v) accessing or selling your access to the Website, to repurpose for any reason, Tickets that have been purchased through the Website; or
vi) fraudulently reprinting, copying, reproducing or distributing any vouchers in relation to a Product.
(c) Inputting invalid or incomplete details for the purchase of Tickets or creation of user accounts (including without limitation name, address, phone number).
10. Links to and from other websites
10.1. We may provide links on www.timeout.com to the websites of other companies, whether affiliated with us or not (“Third Party Websites”). Links to Third Party Websites are provided solely for your convenience. If you use these links, you leave the Time Out website. Time Out does not control, and is not responsible for any Third-Party Website, its content or availability. If you decide to access any of the Third-Party Websites linked to the Website, you do so entirely at your own risk.
10.2. Time Out makes no representations regarding any information you obtain from or products you purchase from Third Party Websites and expressly disclaims any and all warranties relating to Third Party Websites, their products, services or otherwise. This disclaimer does not affect your statutory rights against the Third-Party sellers or Third-Party Websites.
11. Intellectual Property
11.1. The Website is the exclusive property of Time Out. Any copying, distributing, transmitting, posting, linking, deep linking or otherwise modifying the Website without the express written permission of Time Out is strictly prohibited. Any violation of this clause may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and criminal penalties.
11.2. The Website contains 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 Website 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. You may not modify, publish, transmit or 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 written 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 can be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website 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.
12. Our liability
12.1. Our liability for losses you suffer as a result of us not adhering to these Terms, including deliberate breaches, is strictly limited to the purchase price of the Ticket you purchased and will only relate to losses which are a foreseeable consequence of us breaching these Terms. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. If there is no purchase price for the Ticket our liability is limited to fifty pounds (£50.00).
12.2. Clause 12.1 does not include or limit in any way our liability: (a) For death or personal injury caused by our negligence; (b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or (d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.3. We are not responsible for indirect losses which happen as a side effect of the main loss or damage, even in cases where such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of data; and
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
13. Force Majeure
13.1. Time Out shall not be in breach of these Terms or liable for delay in performing, or failure to perform, any of the obligations set out herein if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances, Time Out shall be entitled to a reasonable extension of the time for performing such obligations.
14.1. If Time Out delays or fails to enforce any of these Terms it shall not mean that Time Out has waived its right to do so.
15.1. Time Out shall be entitled to assign any of Time Out’s rights and obligations under these Terms provided your rights are not adversely affected.
16.1. 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.
17. Third Party Rights
17.1. Any person who is not a party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any section of these Terms.
18. Entire Agreement
18.1. These Terms and any specially agreed terms constitute the entire agreement between the parties and supersede any previous terms and conditions, agreement or arrangement between the parties.
18.2. Each of the parties agrees that it has not entered into these Terms 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 or not) other than as expressly set out in these Terms.
19. Governing Law and Jurisdiction
19.1. These Terms 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.
20.1. Time Out England Limited, a company registered in England and Wales under company number 01782049, whose registered office is at 77 Wicklow Street, London WC1X 9JY.