TERMS & CONDITIONS

Terms & Conditions

Version 1.0 09/07/13

Lincoln Performing Arts Centre is owned and operated by University of Lincoln.  In this section you’ll find information about our terms and conditions.

Part 1 of these terms sets out the terms that apply to the use of our Website

Part 2 of these terms sets out the terms that apply to all tickets purchased from University of Lincoln whether in person, by telephone or online.

Part 3 of these terms sets out the additional terms that apply to tickets purchased from University of Lincoln online.

PART 1 – TERMS & CONDITIONS OF WEBSITE USAGE

This agreement applies as between you, the User of this Website and University of Lincoln, the owner(s) of this Website.

1.1 Definitions And Interpretation

In this Agreement the following terms shall have the following meanings:

Content – means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website.

University of Lincoln – means University of Lincoln, (University of Lincoln, University of Lincoln, Brayford Pool, Lincoln LN6 7TS).

Service – means collectively any online facilities, tools, services or information that University of Lincoln makes available through the Website either now or in the future.

System – means any online communications infrastructure that University of Lincoln makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links.

User / Users – means any third party that accesses the Website and is not employed by University of Lincoln and acting in the course of their employment.

Website – means the website that you are currently using (www.lpac.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

1.2 Intellectual Property

Subject to the exceptions in Clause 3 of these Terms and Conditions, all material published on the Lincoln Performing Arts Centre website (unless stated otherwise), is the property of the University of Lincoln and must not be copied or distributed for any commercial purpose. This includes, but is not limited to, the University of Lincoln’s and Lincoln Performing Arts Centre’s logo, graphics, website design and contents.

Subject to the exceptions in Clause 3 of these Terms and Conditions, The University of Lincoln permits the taking of copies of material published on its web pages for personal use only, in electronic or hard copy form, providing that the copyright notice, below, is retained on each copy. Making alterations to any of the pages, or using content in any other work or publication, other than for quotation purposes, will be a direct breach of the University of Lincoln’s copyright and may result in civil action.

The University of Lincoln’s prior written permission must be obtained for any other use of material contained in its web pages.

1.3 Third Party Intellectual Property

Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

1.4 Links To Other Websites

The University of Lincoln provides hypertext links to third party websites not affiliated with the University of Lincoln for the convenience of users only. By linking to these websites the University of Lincoln in no way endorses the contents, views or information held on such sites.

1.5 Privacy

Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click here.

1.6 Disclaimers

Whilst every effort has been made to ensure that all graphical representations of products and / or descriptions of services available from University of Lincoln correspond to the actual products and / or services, University of Lincoln is not responsible for any variations from these descriptions.

1.7 Availability Of The Website

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

University of Lincoln accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

1.8 Limitation of Liability

To the fullest extent permitted by the law, the University of Lincoln nor any of its officers or employees shall be liable for any loss, additional costs or damage howsoever arising, suffered as a result of using the University of Lincoln’s website or hyperlinks provided to third party websites. Users should be aware that they use the Website and its Content at their own risk.

1.9 Previous Terms And Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

1.10 Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to enquiries@lpac.co.uk Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

1.11 Law And Jurisdiction

These terms and conditions and the relationship between you and University of Lincoln shall be governed by and construed in accordance with the Law of England and Wales and University of Lincoln and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

PART 2 – TERMS AND CONDITIONS OF SALE

2.1 Ticket Exchange and Resale Policy

Once sold, tickets cannot be exchanged or refunded except as outlined below:

Please ensure all tickets purchased are correct at the time of booking.

We will exchange tickets for a performance of the same show on request provided these are received at the Box Office at least 72 hours in advance. Where tickets for the alternative performance or seats are at a higher rate, then the difference will be due from the customer. No refund will be made if seats at the alternative performance are cheaper that the original performance.  There is a £1.00 charge per ticket exchanged.

You may ask the Box Office to resell tickets for a performance but we cannot guarantee a resale and we will always sell remaining tickets before returned tickets. There is a £1.00 charge per resold ticket.

The exchange and resale services apply to Lincoln Performing Arts Centre promoted performances only and may not apply to performances staged by others. Similarly, the exchange and resale services are not available for tickets bought through ticket agents or for non-Lincoln Performing Arts Centre performances held outside of the venue.

In the event of a performance being cancelled, then full refunds or credits will be offered to those who purchased tickets. Our liability shall be limited to the value of the tickets purchased.

2.2 Rules of admission

You need a valid ticket which must be produced on arrival in order to enter the auditorium, and at any other reasonable time if requested.

The paper or electronic ticket remains the property of University of Lincoln.

Please check carefully the event, venue, date and time printed on the front of your ticket as mistakes cannot always be rectified after the booking has been confirmed.

Any advertised running time may change so please check with the Box Office on the day of the performance.

We reserve the right to refuse admission in reasonable circumstances or to request any ticket holder to leave the theatre and take appropriate action to enforce this right.

If you arrive later than the advertised start time or you need to leave the auditorium for any reason then you may be asked to wait until a suitable break in the performance before you can take your seat. This may be the interval.

To ensure audience safety, University of Lincoln may conduct occasional security searches which may include searching your bag before entering the auditorium.

Your ticket can only be refunded in the event that the performance is cancelled. Details of our Ticket Exchange and Resale Policy are set out above.

In the event of a cancelled performance or a performance that has to be abandoned part way through, we will not be liable for additional expenses incurred such as for travel or accommodation.

Reselling your ticket for profit or commercial gain makes it void.

We reserve the right to make alteration to the advertised details for the performance at short notice (for example cast changes). In these instances University of Lincoln is not obliged to refund the ticket or exchange for another performance.

On rare occasions the performance or public areas may be filmed, sound recorded or photographed. Buying a ticket affirms your consent to the filming, sound recording and/or photography of yourself as a member of the audience and possible subsequent broadcasts/publication.

We cannot be held responsible for the loss or damage to your personal property whilst at the venue.

The unauthorised use of cameras, videos or any other sort of audio or visual recording equipment is strictly forbidden in the auditoria.

Mobile phones, pagers and digital watches must be turned off at all times in the auditorium.

All children over the age of 18 months must occupy their own seat. Please check with the Box Office if there is a lower age limit before arriving at the theatre.

Strobe lighting, smoke effects (including smoking on stage), loud bangs and gunshots are sometimes used in productions. Please contact the Box Office for further details, but bear in mind that this information may not be able to be confirmed before the first night of any production.

For Health & Safety reasons, wheelchair users are not permitted to transfer into fixed seating.

Drinks glasses are not permitted in the auditorium at any time. Drinks in plastic screw top bottles or small cartons pierced with a straw, are permitted in the auditorium. In addition, cabaret style events usually permit all types of drink provided these are in plastic glasses.

2.2 Our liability

2.2.1

Our liability to you (whether in contract, tort (including negligence) or otherwise) is limited to the purchase price of the Tickets you have purchased.

2.2.2 In the unfortunate event that a performance has to be cancelled or abandoned part way through, we will not be liable for any accommodation, travel or other costs you incur.

2.2.3 We will not accept liability for any indirect, special or consequential losses, including (for example) loss of profits, revenue, contracts, data or goodwill.

2.2.4 These terms of use do not affect your statutory rights as a consumer.

2.2.5 Nothing in these terms limits our liability for death or personal injury caused by our negligence or for any other matter for which it would be illegal for us to limit, or attempt to limit, our liability.

2.3 Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This section does not affect your statutory rights.

2.4 Notices

All notices given by you to us must be given to University of Lincoln at University of Lincoln, Brayford Pool, Lincoln LN6 7TS or by email to enquiries@lpac.co.uk.  We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in section 7 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.

2.5 Events outside our control

2.5.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event).

2.5.2 A Force Majeure Event includes any act, event, omission or accident beyond our reasonable control and includes (as well as others) such things as: terrorist attack, fire, flood or natural disaster, epidemics, impossibility of the use of means of public or private transport, or public or private telecommunications networks or the threat of any of these things.

2.5.3 If a Force Majeure Event occurs, we may have to cancel a performance or abandon it part way through and our obligations to you are deemed to be suspended for the period that the Force Majeure Event continues. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event. Please note section 6.2 above.

2.6 Other Matters

2.6.1 We may transfer, assign, charge, sub-contract or otherwise dispose of any Contract at any time, but you may not do so without our prior written consent.

2.6.2 If we fail to exercise any of our rights under any Contract, this will not amount to a waiver by us of those rights.

2.6.3 If any part of these terms or of any Contract is unenforceable, this will not affect the enforceability of any other part.

2.6.4 We intend to rely upon these terms and any document expressly referred to in them in relation to the subject matter of any Contract.

2.6.5 Part 2 and Part 3 of these terms, together with any document referred to in these terms, constitute the whole agreement between you and us.

2.7 Changes

2.7.1 We may revise these terms of use at any time by amending this page. You should check this page from time to time to take notice of any changes we have made, as they are binding on you.

2.7.2 Any Contract will be subject to the terms in force at the time that you order Tickets from us, unless any change to these terms is required to be made by law or governmental authority (in which case it may apply to orders previously placed by you).

2.8 Law & jurisdiction

These terms and Contracts for the purchase of Tickets through our website will be governed by English law. Any dispute over or claims arising from these terms or any Contracts will be subject to the exclusive jurisdiction of the English courts, although we retain the right to bring proceedings against you for breaking these terms or any Contract in your country of residence or any other relevant country.

PART 3 – TERMS & CONDITIONS OF ONLINE SALES

3.1 Information about purchasing tickets from University of Lincoln website

3.1.1 The website at www.lpac.co.uk (our website) is owned and operated by University of Lincoln.

3.1.2 This page and any documents referred to on it tell you the terms and conditions on which we supply tickets or other items to you from our website. Please read these terms carefully before ordering any Tickets or other items from our website.

3.1.3 By carrying out any transaction on our website, you are deemed to accept these terms. If you do not accept the terms then you should not continue with your purchase from our website.

3.2 Payment details, prices & delivery

3.2.1 The price of any Tickets will be as quoted on our website, except in cases of obvious error.

3.2.2 The price shown for each event or item will include any VAT (if applicable), but exclude any postage costs or booking fees that may apply.

3.2.3 If you are under 18 years old you may purchase Tickets only with the involvement of your parent or guardian.

3.2.4 Payment for all Tickets must be by credit or debit card. We accept all major credit and debit cards, with the exception of Diners Club International and American Express. We will not charge your credit or debit card until we confirm your order.

3.2.5 When you book Tickets on our website you can either specify that you want to collect your Tickets from our Box Office or that you want us to post them to you. If you want Tickets posted, we will charge you an additional postage charge which will be specified when you make your order. Under some circumstances we may insist on collection from box office, such as if proof of eligibility is required.

3.2.6 We will not accept any responsibility for tickets that are mislaid or lost in the post.

3.2.7 If you book Tickets for a performance which will take place within 7 days of the date of the booking, you will need to collect your Tickets from our Box Office in person.

3.2.8 An online booking fee usually applies and this will be clearly shown in the shopping basket screen at the point of confirming purchase and before entering payment details. Once you have confirmed your purchase, this is non-refundable.

3.2.9 When booking online, you will be invited to make a donation to University of Lincoln which will be added to your order total. If you do not wish to make a donation, then you can opt out on the Donations page or in the summary screen before completing your purchase.

3.2.10 University of Lincoln is a Higher Education Coporation and this is an exempt charity and it is possible to Gift Aid any donation that you give to University of Lincoln. If you are a UK tax payer and your donation qualifies for Gift Aid, please help us to maximise the benefit from your donation by ticking the relevant box on the Donate page. Click here for more information about Gift Aid.

3.3. How the contract is formed between you and us

3.3.1 After placing an order, you will receive an email from us acknowledging that we have received your order and confirming whether or not we can accept that order. The contract between us (Contract) will be formed when we send you this acknowledgement email which confirms our acceptance of your offer to purchase the Tickets.

3.3.2 The Contract will relate only to those Tickets indicated in the acknowledgement email. We will not be obliged to supply any other Tickets which may have been part of your order until acceptance of your order for those tickets has been confirmed in a separate acknowledgement email.

3.4 Links & disclaimer

We may provide links on our website to the websites of other companies, whether affiliated with us or not. We cannot accept any liability for tickets you purchase from companies to whose website we have provided a link on our website. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller in order for the transaction to proceed.