Terms and Conditions
Terms and Conditions
The use by you of the website https://timeout.com/london/shop, and related microsites, (the “Website”) and the purchase by you of a good or service (the “Product”) through the Website is conditional upon your acceptance of these Terms and Conditions (the “Terms”).
Each time you buy a Product, you are required to show your acceptance of the Terms by clicking on the button marked "I Accept". If you refuse to accept these Terms you will not be able to order a Product through the Website. The terms for membership to Time Out Black are incorporated into these Terms. You agree that your purchase of membership to Time Out Black is governed by the terms of the Time Out Black terms and conditions that can be found at http://www.timeout.com/london/things-to-do/time-out-black-terms-conditions.
We may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the current legal notice, because it is the terms and conditions at the time of purchase are binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of the Website.
1. Information about us
The Website is a site operated by Time Out England Limited (“Time Out” and “we”). Time Out is registered in England and Wales under company number 01782049 and with its registered office and main trading address at 4th Floor, 125 Shaftesbury Avenue, London WC2H 8AD. Time Out’s VAT number is GB 672 1770 31.
2. Purchasing Products
We negotiate and advertise offers, products, experiences, surveys and any other promotional based offerings (collectively, the “Offer”) with various suppliers of goods and services on behalf of our customers. The Offers are conditional upon certain requirements being met and may have specific terms and conditions attached to them, which will be displayed in relation to any specific Offer on the Website. Upon receipt of confirmation from our third party payment service provider (“Paypal”) that they have received your payment for the Product, we shall issue you with the Product. We are not the supplier of the goods and/or services under the Offer, the supplier of the goods or services will be a third party (the “Merchant”). We will issue the Products on the Merchant’s behalf and the Merchant will be solely responsible for supplying the Product. The Merchant has agreed with us that it will supply the Products bought through the Website.
3. Your status
By placing an order through the Website, you confirm that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old; and
(c) You grant us an irrevocable, non-exclusive licence to use for any purpose any content you post on the Website or which is otherwise communicated to us via any media.
4. Your personal data and data protection
By placing an order and purchasing a Product 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.
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:
- completing the transaction;
- statistical analysis;
- 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
- market research.
5. How the contract is formed between you and us
Upon receipt of your payment by Paypal following your purchase of the Product via the Website, we shall immediately confirm your order by sending a voucher to the email address provided, which will include redemption instructions on how to access the Product purchased.
6. Our status
The Merchant is the seller of the goods and/or services under the Offer and is solely responsible for ensuring the Offer and the goods and/or services are performed and comply with all applicable law.
Time Out’s obligations under these Terms are solely to issue the Product to you under the Offer. Time Out is not the seller of such goods and/or services and the Merchant is solely responsible for supplying such goods and/or services and redeeming any such Product in respect of the same pursuant to their terms and conditions of sale.
Time Out disclaims any and all responsibility or liability in relation to the Offer or for any goods or services supplied in relation to it to the maximum extent permissible by law. Neither Time Out nor its officers, employees or any third parties may be held liable whether in relation to contract, warranty, tort (including negligence), product liability, tax matters or any other form of liability for any claim, damage or loss, arising from or relating to the provision of all or any goods or services sold or agreed to be supplied pursuant to the Offer.
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller and/or the Merchant. Time Out may disclose the customer information that you provided when purchasing the Product to the Merchant, if this is required for the Merchant to provide you with the Product.
7. Consumer rights
If you are contracting as a consumer, you may cancel your contract for an Offer at any time within fourteen (14) days beginning on the day of the purchase (provided that any voucher in relation to a Product has not yet been redeemed or provided that a date that relates to a Product with a specific date has not passed during that time) (the “Cooling Off Period”). Cancellation requests should be sent directly to email@example.com and you may use the Model Cancellation Form found below. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. In this case, you will receive a full refund of the price paid for the Product in accordance with our refunds policy. The Cooling Off Period does not apply to certain types of contracts to provide accommodation, transport, catering or leisure services (for example hotel accommodation, plane, train or concert tickets, car hire or sporting events) where it has been agreed that the service will be provided on a specific date or within a specific period. Services that will begin, by agreement, before the end of the Cooling Off Period are also excluded.
To cancel your contract for an Offer, you must inform us in writing within the Cooling Off Period. This time period is critical and cannot be extended. In the event that we receive written notice within the Cooling Off Period we shall cancel your purchase of the Product and you must also destroy any associated voucher held electronically or in printed form. This provision does not affect your statutory rights.
In relation to Products purchased to attend an event or a course, circumstances outside of Time Out’s control may mean that Time Out is obliged to make minor changes to the schedule or content of any event or course. Time Out shall use its best endeavours to ensure that the event or course remains as unchanged as possible and shall make every effort to ensure that any replacements or changes are of an equivalent nature to that being changed.
Model Cancellation Form
To Time Out England at 4th Floor, 125 Shaftesbury Avenue London WC2H 8AD firstname.lastname@example.org:
I/We [*] hereby give notice that I/We [*] cancel my/our contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*].
Name of consumer(s),
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate.
8. Price and payment
The price of a Product in relation to the Offer will be as quoted on our site from time to time, except in cases of obvious error. These prices include VAT.
If there is an obvious pricing error in relation to the Offer which could have reasonably been recognised by you as a mispricing then we have the right to cancel the purchase of the Product issued in respect of the Offer and issue you with a refund in respect of the same.
9. Third Party Payment Processing
10. Our refunds policy
If we are providing a refund:
(a) Because you have cancelled your contract for an Offer within the Cooling Off Period (provided always that you have not completed the purchase of the Product during that time) we will process the refund due to you as soon as possible and, in any case, within fourteen (14) days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full.
(b)For any other reason, at our discretion, we will notify you of such refund via e-mail within a reasonable period of time. We will endeavour to process the refund due to you as soon as possible.
We will refund any money received from you using the same method originally used by you to pay for the Product.
11. Cancellation by Time Out
In the unlikely event that Time Out has to change, cancel or reschedule a date for a Product due to events beyond Time Out’s reasonable control, a full refund will be given to you. Time Out will not, however, refund travel, accommodation or any other costs that you may have incurred over and above the fee paid for the Product.
If you want to share the Website’s content with the public, we are happy for you to do so, but please do attribute Time Out.
You are permitted to print and download extracts from the Website for your own non-commercial use on the following basis:
(a) No documents or related graphics on the Website are modified in any way;
(b) No graphics on the Website are used separately from the corresponding text; and
(c) Our copyright and trade mark notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of this legal notice, any use of extracts from the Website, other than in accordance with these Terms, for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
Subject to these Terms, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.
13. Service access
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.
14. Visitor material and conduct
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 Products for resale, financial speculation, exceeding quantity limits for purchasing Products 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, Products that have been purchased through the Website; or
vi) fraudulently reprinting, copying, reproducing or distributing any vouchers in relation to a Product.
15. Links to and from other websites
We may provide links on the Website 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 Website. We have not reviewed all of the Third Party Websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the Third Party Websites linked to the Website, you do so entirely at your own risk.
We do not give any undertaking that products you purchase from Third Party Websites will be of satisfactory quality and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party sellers, Third Party Websites and/or the Merchant.
Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.
17. Intellectual Property
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.
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.
You shall not submit or otherwise make available on the Website 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 you with indications, markings or anything else that may help you in determining whether the material in question is copyrighted or trademarked. You 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 your use of the Website, 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. You also permit any other user to access, view, store or reproduce the material for their personal use. You hereby grant Time Out the right to edit, copy, publish and distribute any material made available through your use of the Website.
By posting communications on or through the Website, you 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.
18. Our liability
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 Product 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.
This 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.
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.
19. Suspension and termination
We will determine, in our sole discretion, whether there has been a breach of these Terms through your use of the Website. When a breach of these Terms has occurred, we may take such action as we deem appropriate which may result in our taking all or any of the following actions:
(a) immediate, temporary or permanent withdrawal of your right to use the Website;
(b) immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
(c) issue of a warning to you;
(d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) further legal action against you; and/or
(f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Terms. The responses described above are not limited, and we may take any other action that we reasonably deem appropriate.
20. Force Majeure
Neither party shall be in breach of these Terms nor 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, the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 30 days, the party not affected may cease to be bound by these Terms by giving 14 days’ written notice to the affected party.
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.
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.
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.
24. Moderation Notice
If you believe any content posted by another user is in breach of these Terms or in any other way infringes your rights, you can send us a formal notice (a “Moderation Notice”).
A Moderation Notice should be sent by Post to our current registered office, marked for the attention of “The Legal Department”.
The Moderation Notice should include details of:
(a) the date, time and listing of the comment(s)/content concerned;
(b) the action that you wish us to take in respect of the comment(s)/content; and
(c) the basis on which the required action is requested (e.g. alleging it to be defamatory, abusive or otherwise in breach of these terms).
On receipt of the Moderation Notice, we shall, in most circumstances:
(a) immediately suspend the comment(s)/content concerned;
(b) commence an investigation into it/them;
(c) contact the user(s) concerned with a copy of your Moderation Notice, giving them an opportunity to make representations to us in connection with their comment(s)/content and any points you made in your Moderation Notice and requesting that they respond to us within 21 days; and
(d) if we do not receive a response from the user(s) within 21 days, we will permanently delete the relevant comment(s)/content.
If we do receive a response from the user(s) within the allotted time frame, we will take a decision within 21 days on whether to reinstate the comment(s)/content, permanently delete it/them or keep it/them suspended pending further investigation.
25. Third Party Rights
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.
26. Entire Agreement
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.
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.
27. Governing Law and Jurisdiction
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.
Time Out England Limited, a company registered in England and Wales under company number 01782049, whose registered office is at 4th Floor, 125 Shaftesbury Avenue, London WC2H 8AD.