Terms & Conditions
TERMS AND CONDITIONS OF SALE
1.1 In these terms and conditions (Terms), the following words shall have the meanings set out below:
(a) Membership means a Priority Membership, an Advance Membership or a Young Bridge Membership (as applicable) and Member means the holder of such a Membership;
(b) Ticket means any ticket for attending a live event (including, but not limited to, staged theatrical performances, talks, concerts, recordings or other ticketed events) offered for sale by us or our authorised agents, and any reference to a performance shall include any of these;
(c) Theatre means The Bridge Theatre, One Tower Bridge, London, SE1 2SD;
(d) we means London Theatre Company Productions Limited, registered in England and Wales with company number 10379773 whose registered office is Hanover House, 14 Hanover Square, London, England, W1S 1HP; and us and our shall be construed accordingly; and
(e) you means you or anybody who in our reasonable opinion is acting with your authority or permission; and your shall be read accordingly.
1.2 References in these Terms to a Ticket shall also where relevant include Memberships (or a renewal, as applicable) and Bridge Theatre gift and/or credit vouchers, except to the extent that there is any inconsistency with the provisions of clause 9 (in respect of Memberships) and clause 11 (in respect of vouchers), in which case the provisions of clause 9 or clause 11 shall prevail, as applicable.
1.3 All Tickets are sold subject to availability and to these Terms, as applicable. By purchasing any Ticket, you accept that these Terms will govern that purchase for you and any members of your group. Any Ticket obtained in breach of these Terms shall be void (and non-refundable) and all rights conferred or evidenced by such Ticket, Membership or voucher shall be void.
2.1 Any purchase of Tickets is only valid when processed by us or an agent authorised by us. We are not responsible for any Tickets that have been sold through unauthorised methods.
2.2 By making a purchase you warrant to us that all details supplied by you are true and accurate. If you are under 18 years of age you may purchase Tickets only with the involvement of your parent or guardian.
2.3 Tickets may be restricted to a maximum number or sold subject to certain restrictions, such as limited or side view or a minimum age for entry. Any such restriction shall be displayed on our website or otherwise notified to you before or at the time you book. It is your responsibility to ensure that you read all notifications displayed on our website. We reserve the right to cancel any Ticket(s) purchased in excess of the maximum number (without prior notice unless the purchase of Ticket(s) in excess was due to our error, in which case we will notify you prior to cancellation).
2.4 If you purchase Tickets over our website:
(a) completion and submission of the online booking form shall constitute an offer by you to purchase Tickets subject to these Terms. Once you submit the online booking form, we will process the form, confirm that you have sufficient funds to cover the total cost of the transaction and then charge your payment card accordingly. This in itself does not constitute acceptance of your offer and no order shall be accepted until we have received full payment in cleared funds;
(b) if payment is taken, an on-screen confirmation will be displayed and we will send you a confirmation email acknowledging your booking and setting out the details of your booking. Only the email confirmation shall constitute our acceptance of your booking and create a contract with us and the contract will relate only to those Tickets indicated in the email confirmation. The only language available for the conclusion of a contract shall be English;
(c) if we receive a prompt notification that the email confirmation was not delivered successfully, then we will use reasonable endeavours to notify you of its acceptance and the details of your booking by other means.
Details of all contracts concluded online (including the method of payment but not the card details) will be kept on file by us and can be provided to you upon request.
2.5 It is your responsibility to check that any Ticket issued to you is accurate as mistakes cannot always be rectified after purchase and any corrections are at our discretion. Please contact us immediately if there are any mistakes. It is also your responsibility to inform us if there are any changes to your details once your booking has been made. You can manage your booking by logging into your account.
3. Price and payment
3.1 The price of all Tickets will be advertised on the website based on the best available information to us but we are not obliged to conclude any contract at that price. All advertised prices are inclusive of any applicable taxes but exclusive of any per transaction telephone booking or delivery fee. Any discounts are subject to availability and our discretion and cannot be booked in conjunction with or combined with any other reductions or offers.
3.2 Unless you have opted to receive an e-ticket or to collect your Tickets in person (see clause 4), the price is subject to a per order charge of £1 (£1.50 for bookings of 10+ tickets) to cover delivery and administration. If you are booking Tickets using our website, any delivery charge will be displayed as a separate item on the online booking form.
3.3 If you are paying for your Tickets using a third party credit/debit card, you must provide us with written authorisation from the card holder. We reserve the right to cancel any booking which we reasonably suspect to have been made fraudulently.
3.4 If either the amount that you pay for a Ticket is incorrect or you are able to order a Ticket that was listed for sale in error or otherwise earlier than the date on which you would be entitled to purchase that Ticket under any applicable membership, we reserve the right to cancel that Ticket (or the order for that Ticket) and refund to you the amount paid. This applies regardless of whether due to human error, an error in any price or information communicated to you or a transactional malfunction of any system operated by us.
4. Delivery and/or collection
4.1 You may opt to receive your Tickets as an e-ticket, to collect your Tickets in person from the Theatre or (subject to a delivery charge, as detailed in clause 3.2) to have your tickets posted to you. Please note, any Tickets sold at a concessionary rate must be collected in person and we do not post Tickets for performances scheduled to take place within 7 days. We reserve the right to make any Tickets available for collection at the Theatre only; if this becomes necessary, we will notify you by telephone, email or in writing of the arrangements for collection using the details provided at the time of ordering.
4.2 If you are collecting your Tickets from the Theatre, we may require the credit/debit card used to make the order and your booking confirmation if you have booked online. You may also be required to present photographic ID and proof of entitlement to any concession. If the cardholder cannot be present, please contact us at firstname.lastname@example.org.
4.3 If your Tickets are being posted, we shall use reasonable endeavours to post them to the address you provided when you made your booking (or to the billing address of the credit/debit card holder if they are not one and the same) within a reasonable time of the booking (although there may be instances where for security or other reasons we are only able to send Tickets in the weeks immediately prior to the performance). If you have not received your tickets 72 hours prior to the performance, please contact us. If Tickets are returned to us as “addressee unknown” we reserve the right to cancel your booking and make a refund of the Ticket price only. We will not accept any liability for any Tickets mislaid or lost by any postal service.
4.4 Tickets to be received as an e-ticket will be delivered to the email address provided when you registered for an online booking account on our website. You may either print your e-ticket (which must be done clearly and to scale on plain, clean, white A4 paper) or present it on your mobile device (in which case, please download it to your device in advance as mobile connectivity strength at the Theatre cannot be guaranteed). We may also require the credit/debit card used to make the order, photographic ID and proof of entitlement to any concession, as described in clause 4.2.
You may not duplicate an e-ticket and must retain it until the end of a performance. In the event of unauthorised duplication, we reserve the right to refuse entry to all relevant Ticket holders and may credit the original purchaser the face value of the Ticket(s), which will constitute full remuneration. In the event that issue a hard copy duplicate Ticket, this will render the original e-ticket void. We shall not be liable for any inconvenience caused by unauthorised duplication and shall have no responsibility for problems with printing or downloading any e-ticket.
4.5 We will not be responsible for any Ticket that is lost, stolen or destroyed. It is not always possible to issue duplicate tickets and the issue of duplicates is always subject to our reasonable discretion.
5.1 If you wish to transfer your Tickets into someone else’s name, please contact us by email or telephone at least 24 hours before the start of the performance and we will do our best to accommodate the change. An administration fee of £2 per Ticket may be charged.
5.2 Except as permitted by clause 5.1, Tickets are non-transferable and may not be resold for commercial purposes or at a premium. We reserve the right to cancel without notice any Ticket that we believe has been transferred or resold in breach of this condition, to refuse admission to the bearer or the person claiming the right to attend and to terminate any membership that person may have with us. We will blacklist any buyer who resells or offers for re-sale any Ticket through a secondary ticketing facility as defined in the Consumer Rights Act 2015.
6. Exchanges and refunds
6.1 Other than as set out in this clause, we shall not refund any Ticket(s) after purchase.
6.2 Ticket(s) may be exchanged for later performances or credit vouchers subject to availability and to an administration charge of £2 per Ticket and provided that we receive the Ticket(s) at least 48 hours before the performance is due to take place (at least 7 days in the case of bookings of 10+ tickets).
6.3 If Tickets are not returned in time to exchange them or receive a credit voucher under clause 6.2, we may at our discretion offer to resell them on your behalf (but shall in no circumstances be obliged to do so). If we successfully resell your Ticket, we will refund to you the face value of the Tickets purchased (excluding any delivery charges) minus an administration fee of £2 per Ticket. Please note, we will sell all of our own Tickets before we offer any returned Ticket for resale and we cannot guarantee the successful resale of any returned Ticket. Returned tickets may be withdrawn from re-sale at any time at your request and/or at our discretion.
We will contact you within 14 days of the performance, by e-mail where possible, to let you know whether your Tickets were resold. If you fail to hear from us within 14 days, please email us at email@example.com or call us on 0333 320 0052.
6.4 Where we are unable to perform a contract on the date(s) agreed because the performance in question has been cancelled or is abandoned when less than half the performance has taken place, we will refund to you the face value of the Tickets purchased (excluding any delivery charges). Where more than half of the performance has taken place we may, at our discretion, refund to you the face value of the Tickets purchased (excluding any delivery charges).
6.5 Refunds shall only be made to the person who purchased the Tickets and shall when possible be made by the same method used to purchase the Tickets (except, at our discretion, where payment was made by cash).
7. Alterations to performances and cancellation
7.1 All Tickets are sold subject to our right to make any alterations to any of the cast (including use of understudies where necessary) or programme details advertised on our website or anywhere else.
7.2 In the event that a performance is cancelled or re-scheduled, where there is sufficient time, we will use reasonable endeavours to notify you using the details you provided us with at the time of ordering. However, we do not guarantee that you will be informed of such cancellation or re-scheduling before the date of the performance and it shall remain your responsibility to ascertain whether a performance has been cancelled or re-scheduled. Please ensure that you inform us of any change to the contact address, telephone number or email address you provide us with at the time of ordering. (See also clause 6.4 on refunds in the event of cancellation.)
8. Conditions of entry
8.1 A valid Ticket must be produced to get into a performance. Removing any part of, altering or defacing the Ticket may invalidate your Ticket.
8.2 Children under the age of five are welcome in the foyer but will not be admitted to the auditorium unless a performance is expressly stated to permit their entry. With the exception of assistance dogs, no animals are permitted within the Theatre.
8.3 We reserve the right to provide alternative seats at a performance to those specified on the Ticket, provided these seats are of no less value to that stated on the Ticket.
8.4 We reserve the right to refuse admission and may request any Ticket holders to leave (taking any such appropriate action which may be necessary to enforce this right) before or during a performance if in our reasonable discretion we consider it to be necessary to do so. No refunds will be given to Ticket holders who are refused entry or ejected due to their own behaviour. We may also, on certain occasions, have to conduct security searches to ensure the safety of visitors.
8.5 Latecomers will be asked to wait until a suitable break in the performance before being admitted to the auditorium, but a suitable break cannot be guaranteed.
8.6 Ticket holders who leave the auditorium during a performance may only re-enter at the discretion of the management. 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.
8.7 Please note that strobe lighting, smoke effects, gunshots and pyrotechnic effects are sometimes used in productions.
8.8 Mobile phones and other electronic equipment must be switched off (not silenced) before entering the auditorium. No cans or glass containers may be brought into the auditorium.
8.9 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 a performance is strictly forbidden. Unauthorised recordings, tapes, films or similar items may be confiscated and destroyed. Any recording made of a performance in breach of these Terms shall belong to us. We will not be liable for any loss, theft or damage to confiscated items.
8.10 We (and authorised third parties) may carry out general filming and sound recording in or about the Theatre including without limitation in connection with a performance. By purchasing Tickets, you consent to you and your party being included in, and to the commercial exploitation of, such films and recordings without payment. You further agree to being filmed by police or security staff for security and crime prevention purposes.
8.11 You must comply with all relevant statutes, safety announcements, regulations of the Theatre and instructions and directions given by Theatre staff whilst attending a performance.
8.12 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, trademarks, logos and/or intellectual property appearing on the Ticket.
8.13 No Ticket can be used for advertising, promotions, contests or sweepstakes without our formal written permission, provided that even if such permission is obtained, use of our trade marks and other intellectual property is subject to our prior consent.
In this clause 9, Membership Benefits means such benefits as are from time to time available to the holder of a Membership, as notified on our website, including without limitation priority or exclusive booking periods, exemptions from administration fees and any discounts or offers at the Theatre or from external providers.
9.1 All Membership Benefits are subject to availability and to these Terms. We reserve the right to amend or withdraw any Benefits. Benefits offered by external companies are beyond our control and may be subject to change without notification.
9.2 For the avoidance of doubt, Membership does not guarantee access to Tickets in the event that available Tickets are sold out and Members may be restricted to a maximum number of Tickets pursuant to clause 2.3. Any purchase of Tickets by Members and/or use of Membership Benefits is subject to these Terms in full and we reserve the right to cancel any Membership without any refund (and demand the return of any Membership card we have issued to you) where any Ticket(s) or Membership Benefit(s) have been obtained, transferred or resold in breach of these Terms.
9.3 Membership Benefits cannot be applied retrospectively. (For the avoidance of doubt, any exemption from administration fees on Ticket exchanges or re-sales is offered subject to the date on which the exchange or re-sale is requested being within a valid Membership period.)
9.4 Priority and Advance Memberships are valid for 12 months from the date of purchase (in the case of a gift Membership, the date of activation) or renewal, subject to any longer period under the terms of any applicable promotional offer. Promotional offers are subject to availability and may be changed at any time.
9.5 Membership is for personal use only, is non-transferable and (subject to clause 9.7) non-refundable. A Membership cannot be resold or exchanged for cash.
9.6 You may cancel your Membership at any time, but except as expressly provided in clause 9.7, we will not refund any fees that you have already paid. Notice of cancellation will only take effect at the end of your then current Membership period.
9.7 You have the right to cancel a Membership within 14 days of purchase for a full refund, provided that we reserve the right to cancel any Ticket(s) you have booked with the benefit of any priority booking under that Membership (in which case we shall refund to you the face value of the Tickets purchased, excluding any delivery charges) and/or charge you for any Benefits which you have received (including any promotions, discounts or administration fee savings). For the avoidance of doubt, we do not offer any partial or pro-rata refunds of Memberships and have no liability for any unused Membership. If you wish to cancel a Membership and are eligible to do so, please contact us at firstname.lastname@example.org or call us on 0333 320 0050. Your cancelled Membership card should be returned to us at Membership, One Tower Bridge, London, SE1 2SD.
9.8 We will send you an email letting you know when your Membership is close to ending (unless you have already told us that you wish to cancel at the end of the Membership Period). Unless you have chosen automatic renewal, you will then need to arrange payment or your Membership will end on the appropriate date.
9.9 If you choose automatic renewal by continuous card authority, you agree that at the end of the initial Membership period (and of each renewal period thereafter), Membership will automatically renew for 12 months without further notice at the then prevailing rate. Your card will be charged at the point of renewal. If the price of Membership has increased, or if you are in your first year of Membership, we will give you at least 10 days’ notice. You understand that, once granted, continuous card authority shall remain in force until you instruct a cancellation in writing by sending an email to email@example.com. We reserve the right to terminate your Membership without notice if payment cannot be taken at the renewal date.
If you wish to change the card over which authority has been given, you may contact us on firstname.lastname@example.org or by telephone on 0333 320 0050. You must give us at least 2 weeks to process these changes and we reserve the right to charge a reasonable administration fee for processing changes. If your card expires before the renewal date, it is your responsibility to inform us of any changes as soon as possible.
9.10 Any Membership card we have issued to you remains at all times our property. You must inform us if your card is lost or stolen.
9.11 If you have any complaints about how we have dealt with the provision of your Membership or have any queries, please contact us at email@example.com or by telephone on 0333 320 0050.
10. Access List and Young Bridge Tickets
10.1 These Terms apply in full to Tickets sold to Access List and Young Bridge members. In addition, such Ticket holders agree to comply with the Access List and/or Young Bridge terms and conditions (as applicable).
10.2 We reserve the right to cancel and refund any discounted Tickets that contravene our eligibility policies and to cancel any Access List and/or Young Bridge membership where any Ticket(s) made available by virtue of such membership have been transferred or resold in breach of these Terms.
10.3 For the avoidance of doubt, only Young Bridge members can purchase Tickets at Young Bridge rates. If you are paying for your Tickets using a third party credit/debit card, you must provide us with written authorisation from the card holder (alternatively, a parent or guardian can purchase a gift voucher which can be redeemed by the Young Bridge member; please call us on 0333 320 0052 for more information). Full Young Bridge terms and conditions can be downloaded here.
11. Credit and gift vouchers
11.1 Vouchers may be used as part or full payment for Ticket and Membership purchases only and can be redeemed online, by phone or in person. The redemption of a voucher is strictly subject to availability and we cannot guarantee the availability of any Tickets.
11.2 Subject to these Terms, a voucher is valid for 12 months from the date of issue or purchase (as applicable) and, subject to clause 11.3, is non-refundable, non-transferable and cannot be resold or exchanged for cash. For the avoidance of doubt, no refund (either full or partial) shall be paid if a voucher is not redeemed in full.
11.3 You have the right to cancel the purchase of a voucher within 14 days of purchase. If you do cancel a voucher within such period, you will receive a full refund, provided that we shall be entitled to deduct from such refund the amount of the voucher used or redeemed prior to the cancellation date. For the avoidance of doubt, if the entire voucher has been used or redeemed you will not receive a refund. If you wish to cancel a voucher and are eligible to do so, please contact us at firstname.lastname@example.org or call us on 0333 320 0052.
11.4 A lost voucher cannot be replaced and we shall have no liability for any lost, unused or unredeemed voucher. Any Tickets or Memberships supplied following redemption of a voucher which are unused will not be replaced or refunded or be otherwise transferable except in accordance with these Terms.
12.1 Subject to clause 12.2, our total liability to you, whether in contract, tort (including, without limitation, negligence) or otherwise, is limited to the total Ticket price paid by you excluding any per transaction telephone booking and delivery fees. We shall not be liable for any indirect, special, consequential or unforeseeable losses or for any economic losses (including without limitation loss of revenues, profits, contracts business or anticipated savings) or any loss of goodwill or reputation; for any arrangements including travel, accommodation or hospitality relating to any performance; or for any loss, theft or damage of personal belongings (other than caused as a result of our negligence or other breach of statutory duty).
12.2 Nothing in these terms or conditions excludes or limits our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, for fraud or for any other liability which cannot by law be excluded or limited. Nothing in these Terms is intended to affect your statutory rights.
12.3 We will not be liable to you for failure to perform any obligation under these Terms to the extent that the failure is caused by any factors beyond our reasonable control, including (without limitation) acts 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, power failure and failure of sound or lighting equipment.
13. Data protection
14. Contact, complaints and code of practice
14.1 If you need to contact us, or if you wish to complain about your experience using or making any purchase on our website, you can do so using any of the following methods:
(a) email: email@example.com
(b) letter: The Bridge Theatre, One Tower Bridge, London, SE1 2SD.
14.2 We are a member of STAR (Society of Ticket Agents and Retailers). STAR’s Code of Practice can be accessed at http://www.star.org.uk/media/964/cop.pdf.
No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise by us of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
We shall be entitled at any time to transfer, assign, charge, sub-contract or otherwise dispose of any of our rights and obligations under a contract incorporating these Terms provided that your rights are not adversely affected, but you may not do so without our prior written consent.
Notwithstanding that the whole or any part of any provision of this agreement may prove to be illegal or unenforceable the other provisions of this agreement and the remainder of the provision in question shall remain in full force and effect.
15.4 Third Parties
Nothing contained in any contract concluded incorporating these Terms is intended to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any third party.
15.5 No partnership or agency
Nothing in these Terms or any contract concluded incorporating these Terms, and no action taken by either party pursuant thereto, is intended, or shall be deemed, to constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for by these Terms.
15.6 Amendments and Variations
No variation of any contract concluded incorporating these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives), provided that any change to these Terms that is required to be made by law or governmental authority may apply to orders previously placed.
15.7 Entire Agreement
These Terms constitute the entire terms of agreement between the parties relating to their subject matter and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to such subject matter. Each party acknowledges that in entering into a contract to which these Terms apply it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) by any person (whether party to these Terms or not) that is not set out in this agreement. Nothing in this clause shall limit or exclude any liability for fraud.
15.8 Governing Law and Jurisdiction
These Terms and any contract concluded incorporating these Terms, their construction and interpretation and any dispute or claim arising out of or in connection with them, their subject matter or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales to which the parties submit.
Website Terms and Conditions
The Terms and Conditions of Website use can be downloaded as a PDF here.
The Website is directed to people residing in the United Kingdom. We do not represent that content available on or through the Website is appropriate or available in other locations. We may limit the availability of the Website or any service or product described on the Website to any person or geographic area at any time. If you choose to access the Website from outside the United Kingdom, you do so at your own risk.
www.bridgetheatre.co.uk and www.londontheatrecompany.co.uk are owned and operated by London Theatre Company Productions Limited (registered in England and Wales, company number 10379773, registered office Hanover House, 14 Hanover Square, London, W1S 1HP). Our main office is at Three Tuns House, 109 Borough High Street, London, SE1 1NL and our main trading address is The Bridge Theatre, One Tower Bridge, London, SE1 2SD. Our VAT number is 238722592. Bridge Theatre is a registered trade mark of London Theatre Company Productions Limited. In these Terms, us or our or we refers to London Theatre Company Productions Limited; you or your refers to the user or viewer of this website.
1. Your use of the Website
1.1 All material and content contained within the Website is made available for your personal non-commercial use only. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal non-commercial use only. You must not modify the paper or digital copies of any materials that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequence or any graphics separately from any accompanying text. Any other use of the material and content of the Website is strictly prohibited. If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
1.2 All copyright, trademarks and all other intellectual property rights in all material or content contained within the Website shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorised by us. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
1.3 If you create, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and, in particular, you must not disclose it to any third party. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at firstname.lastname@example.org.
1.4 You will use the Website in accordance with all relevant laws.
1.5 You will not:
(a) copy, reproduce, transmit, transfer, publish, display, distribute, perform, sell, commercially exploit, license works from or create derivative works of any material and content contained within the Website (other than temporarily in the course of using our booking service or as permitted by law);
(b) modify or alter any part of the Website in any way;
(c) attempt in any way to gain any unauthorised access to any part of the Website, the server on which the Website is stored or any server, computer or database connected to the Website;
(d) use the Website or any part of it for any purpose which is illegal;
(e) link to or use the Website or any part of it for any purpose or in any way which in our opinion: (i) harms or takes advantage of our business or reputation; (ii) is defamatory, offensive or of an obscene or menacing character or may cause annoyance, inconvenience or needless anxiety; or (iii) suggests any form of association, approval or endorsement on our part where none exists;
(f) upload or transmit through the Website: (i) any material containing computer viruses, macro viruses, trojan horses, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures or good working order of computer or telecommunications equipment; or (ii) any material which, in our opinion, harms our business or is in any way defamatory, offensive or of an obscene or menacing character or may cause annoyance, inconvenience or needless anxiety; or
(g) use the Website in a manner which: (i) may cause the Website to be interrupted, damaged, rendered less efficient or may in any way impair the effectiveness or functionality of the Website; or (ii) violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
and you will not assist or facilitate any third party to do so.
1.6 In the event that you have any right, claim or action against any end user of the Website arising out of that end user’s use of the Website, you will pursue such right, claim or action independently of and without recourse to us.
2. Website and Terms subject to change
2.1 We reserve the right to modify or withdraw, temporarily or permanently and without notice, the Website, any part of it or any permission(s) relating to it.
2.2 We reserve the right to change these Terms from time to time. Your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether these Terms have been changed. If you do not agree to any change, you must immediately stop using the Website.
2.3 We reserve the right:
(a) to monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms or complaints relating to the Website and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website); and/or
(b) to record, preserve, trace and disclose anything which has been transmitted to, from or via the Website where required by law or where we are acting in good faith.
3. Data protection
4. Third-party links, websites and resources
The Website may contain links to websites or resources operated by parties other than us. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
5. Disclaimers and limitation of liability
5.1 Whilst we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy and accept no liability for any loss, damage or inconvenience caused as a result of reliance on such information.
5.2 The Website is provided on an “as is” and “as available” basis without any representation or endorsement. Unless specified in separate terms and conditions relating to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
5.3 Whilst we will use reasonable endeavours to maintain the Website, the Website is subject to change from time to time and we will not be liable to you or any third party if you are unable to use any part of the Website because of a modification, failure, suspension or withdrawal of all or part of the Website for any reason.
5.4 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server which makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
5.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
5.6 We shall not be liable in contract, tort (including, without limitation, negligence) or otherwise for any indirect, special, consequential or unforeseeable losses or for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings) or any loss of goodwill, reputation or business opportunity.
No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise by us of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
Notwithstanding that the whole or any part of any provision of these Terms may prove to be illegal or unenforceable the other provisions of these Terms and the remainder of the provision in question shall remain in full force and effect.
6.3 Entire Agreement
6.4 Governing Law and Jurisdiction
These Terms, their construction and interpretation and any dispute or claim arising out of or in connection with them, their subject matter or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales, provided that we also have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.