Terms of use - Criterion Theatre

Terms and Conditions for Visitors

This website www.criterion-theatre.co.uk (the “Site”) is owned and operated by the Criterion Theatre Trust (“us”, “our” or “we”) which is a limited liability company incorporated in England and Wales with Registered Number 2759117 and whose Registered Office is at Edelman House, 1238 High Road, Whetstone, London N20 0LH

We are also a Registered Charity with the Charity Commission No. 1014891

Our VAT number is: 606 105 776

We are members of the Society of London Theatre and the Society of Ticket Agents and Retailers.

This document is only available in English.

The following constitutes a legal agreement between a visitor (“you”) and us with respect to our website service, the terms of which are set out below. You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of this Site. If you are under 18 but at least 15 years of age, you must present this Agreement to your parent or legal guardian. Children under the age of 15 may not register on this Site, and parents or legal guardians may not register on their behalf.

Our site is established to enable you to have information about the Criterion Theatre in London and also about our current theatrical productions as well as past and future productions, events, special offers and services. It also enables you to chose and purchase tickets from our site for the productions at the theatre but these purchases can be made and are permitted strictly pursuant to the terms and conditions set out below.

1. ACCESSING OUR SITE

1.1 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the details we provide on our Site without notice (see below).

1.2 We reserve the right from time to time, to restrict access to some parts of our Site, or to our entire Site.

1.3 You will be subject to our Site Terms and Conditions of Use in force at the time that you order tickets from the Site, unless we are required to make any changes to either or both of them by operation of law or governmental authority.

1.4 We will not be liable for any loss or damage suffered as a result of any unavailability of the Site including but not limited to any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data.

1.5 We may require you to change your password or any other information which permits you access to certain parts of our Site.

2. OUR SITE CHANGES REGULARLY

2.1 We aim to update our Site regularly, and may change the content at any time. If the need arises, we reserve the right to suspend access to part of the Site or all of the Site, or to close the Site indefinitely. Any of the content of the Site including, without limitation trademarks, buttons, icons, logos, text, graphics, photographs and images (“Site Content”) may be out of date at any given time. We are under no obligation to update such Site Content and we are not liable to you or to any third party as a result of any such failure to update or to make changes.

2.2 We reserve the right at any time and from time to time to modify the Site, or any part thereof, or to discontinue the same temporarily or permanently without notice to you and without any liability to you or to any third party;

3. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy and Cookies Policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

4. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS OF USE

We have the right to revise and amend these Terms and Conditions of Use from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. These changes become effective immediately they are posted on the Site and your further uses of the Site after that time constitutes your agreement to be bound by those changed terms.

These terms were last updated on 18 February 2016.

5. RELIANCE ON INFORMATION POSTED

Commentary and other matters posted on our Site are not intended to amount to advice or information on which you should place legal reliance. We therefore disclaim all liability and responsibility arising from any reliance placed on such matters by any visitor to our Site, or by anyone who may be informed of any of its contents.

6. TERMS AND CONDITIONS FOR THE PURCHASE OF TICKETS

Our website service permits you to seek and purchase tickets from this Site for all of the theatrical productions and events detailed on this Site. You may only purchase these tickets online strictly in accordance with our Ticketing Terms and Conditions.pdf . and by using our Site to purchase tickets you agree to be bound by both these Website Terms and Conditions of Use and also by our Ticketing Terms and Conditions which are deemed to form part of this Agreement.

7. OUR LIABILITY

7.1 The Site Content displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, hereby expressly exclude:

7.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

7.1.2 any liability for any direct, indirect, consequential or special loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it (including any software or systems you use to access the Site).

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

8. YOUR WARRANTIES

YOU WARRANT that:

8.1 you are a resident of the United Kingdom;

8.2 you are at least 18 years of age;

8.3 any credit card you use to purchase tickets, products or services has not been acquired by you by, or as a result of, any unlawful or illegal activity anywhere in the world.

9. YOUR AGREEMENTS

YOU AGREE that:

9.1 it is your responsibility to provide accurate current full and complete personal information (“Personal Data”) on any online form you submit to us and/or if you are required to register with us. You agree to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us will be correct;

9.2 it is your responsibility to ensure that your email address and Personal Data are kept up to date and current so that you must notify us by email at [email protected] of any changes. We will only use your Personal Data in accordance with the Data Protection Act 1998 and our Privacy and Cookies Policy;

9.3 it is your responsibility to maintain the confidentiality and security of your Personal Data especially your name and any password or user name which you use or are given by us in connection with this Site. You will not allow others to use your name and you will notify us immediately of any unauthorised use of your name and you agree to indemnify and hold us harmless, for any improper, unauthorised or illegal uses of the same. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

9.4 you will not make any use of the Site or any information on it for commercial purposes.

10. SYSTEM REQUIREMENTS

10.1 You are responsible for making all arrangements necessary for you to have access to our Site including ensuring that any particular device or software you use will be compatible with the Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and Conditions of Use, and that they comply with them.

10.2 Variation in computer, browser and operation will create differences in visual layout and usability of the Site. We have taken considerable care to minimise these differences, but we cannot be held responsible for specific operational differences.

11. MISUSE OF THE SITE

11.1 Whilst we will utilise anti-virus protections, you must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

11.2 By breaching the provision in 11.1 above, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

11.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

11.4 We reserve the right to suspend or terminate your access to the Site or parts of it at our sole discretion for legal or operational reasons or if we believe that you are in breach of any provision of this Agreement. If your access has been suspended or terminated as a result of your breach of any provision you will not be permitted to re-access the Site without our prior consent.

11.5 You will only use the Site for the purposes referred to in this Agreement and you must not access the Site or use information gathered from it to send unsolicited e-mails.

12. INDEMNITY

You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors’ or attorneys’ fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms and Conditions of Use of the Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.

13. ASSIGNMENT

13.1 You may not transfer or otherwise deal with your rights and/or obligations under these Terms and Conditions of Use.

13.2 We may sub-contract, transfer or otherwise deal with our rights and/or obligations under these Terms and Conditions of Use in whole or in part.

14. TICKETS FOR OUR THEATRICAL PRODUCTIONS

14.1 If you purchase theatre tickets from any website linked to our Site you will be contracting directly with a third party seller and not with CRITERION THEATRE TRUST or any of our subsidiaries or affiliates. All purchases made via such third party website will be subject to that third party website’s terms and conditions. You agree that any transactions, dealings or arrangements (including without limitation buying any theatre tickets, or services) you carry out on any third party site shall be direct with such third party (on the terms and conditions (if any) of such third party) and not with us. You agree that we are not liable in any way in relation to such transactions, dealings or arrangements which are at your own risk and responsibility;

14.2 From time to time third parties may link to our site without our express consent or knowledge. We are not responsible in any way for any dealings which you may have with these unauthorised sites or for any content which may be displayed or linked to by these third parties. If you do come across any link which is or may be offensive or otherwise unsuitable or inappropriate to us or our visitors please let us know by contacting [email protected];

15. VENUE HIRE

Any information on the Site relating to the hire of the theatre or any part of the theatre premises is for general information only and may not be accurate, complete or up to date. It is not possible to make a booking for the hire of the theatre or any part of the theatre premises via the Site without going through our venue hire booking process. The hiring of any part of the theatre premises will be subject to additional terms and conditions which will be provided as part of our venue booking process.

16. INTELLECTUAL PROPERTY RIGHTS

16.1 All intellectual property content on the Site including without limitation the Site Content is owned by us or licensed to us and is protected by international copyright laws. Your use of them is governed by this Agreement, certain end-user licence agreements, and applicable law.

16.2 You will infringe our rights if you copy or reproduce any part of the Site save for:

16.2.1 a temporary copy of any part of the Site which is automatically made or retained by your browser as you browse the Site; or

16.2.2 you printing out a copy of these Terms and Conditions of Use which we would request you to do; or

16.2.3 you printing out any pages from the Site; or

16.2.4 your own personal use provided that:

16.2.4.1 no documents or related photographs, graphics or images on the Site are modified in any way;

16.2.4.2 no photographs, graphics or images on the Site are used separately from the corresponding text; and

16.2.4.3 our copyright and trade mark notices and this permission notice appear in all copies.

Other than for the above three exceptions you must not copy the intellectual property in question for any purpose.

16.3 You will not attempt, permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright;

16.4 For the purposes of this Clause 16, “copy” and “copying” shall include non-literal copying as well as the copying of the structure and form of the Site and any elements within it.

17. LIMITATION OF LIABILITY

17.1 We have the right to withdraw any theatrical production, event or service and to remove all reference to the same from the Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such withdrawal;

17.2 We will not be liable for any loss or damage suffered as a result of any unavailability of the Site including but not limited to any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data;

17.3 We will not be liable for any loss or damage suffered by you as a result of errors or omissions on the Site (including but not limited to any listing of or reference to our theatrical production events or services).

17.4 We will not be liable for any loss or damage suffered by you as a result of any use by you or reliance placed on the Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data;

17.5 We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon the Site;

17.6 The Site is provided “as is” and you acknowledge that despite our reasonable endeavours the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by e-mail to [email protected];

17.7 We reserve the right to deactivate your Email registration with us if it has not been active for a period of 6 months or more, and to remove it from the database if no communication has been received from you for a further 12 months after deactivation has occurred;

17.8 It is the responsibility of third parties on this Site to ensure that any content submitted by them for inclusion on the Site complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such content;

17.9 Links to any third party websites on the Site are provided solely for your convenience. If you use these links, you leave this Site. We have not reviewed all of these third party websites and do not control and are not responsible for any third party websites or their content or availability. We therefore do not endorse, recommend 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 Site, you do so entirely at your own risk;

17.10 We welcome ‘hot links’ to the Site, but not ‘deep linking’ by which we mean that you may not include a link to our Site, or display the contents of our Site, surrounded or framed or otherwise surrounded by content not originating from us without our consent. Any unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and may result in the termination of this Agreement or other remedies as set out in this Agreement.

18. DISCLAIMERS

18.1 To the maximum extent allowed by applicable law we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.

18.2 To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed ten pounds (£10).

18.3 Under no circumstances shall we be liable for any unauthorised use of the Site or any unlawful use you make of theatre tickets purchased from our ticket agencies.

19. THIRD PARTY RIGHTS

This Agreement is only for the benefit of you and us and no other person can claim a benefit from this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to this Agreement.

20. LAW AND LEGAL NOTICES

This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. English Law governs this Agreement and your use of the Site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site.

21. ACKNOWLEDGEMENTS

You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the Site. You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and your continued use of the Site after such a change will constitute your acceptance of the changes.

22. INFORMATION ABOUT ONLINE DISPUTE RESOLUTION:

The European Commission provides a platform (the “ODR platform”) for the out-of-court resolution of disputes concerning contractual obligations arising from online contracts for sales or services. The ODR platform is accessible via the following link: http://ec.europa.eu/consumers/odr.

Our email address is: [email protected]

By clicking the accept button you acknowledge that you have read, understood and agree to be bound by the Terms and Conditions of this Agreement and by our Privacy and Cookies Policy both of which are available from every page of our website www,criterion-theatre.co.uk;.

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