1. Definitions and interpretation
In these Terms and Conditions:
- Event: means any event, to take place at the date and time specified on the University’s website, in relation to which the University sells tickets including concerts, theatrical, musical or spoken word performances, conferences, courses, exhibitions, and sporting events.
- Package: means a package which relates to products or services to be supplied by or on behalf of the University in connection with an Event including food, drink and programmes.
- Ticket: means a ticket permitting attendance at an Event.
- University: means The University of Birmingham Edgbaston Birmingham B15 2TT, and ‘our’ ‘we’ and ‘us’ shall be construed accordingly.
- Venue: means the location at which the Event is to be held.
2. Placing an order
- By placing an order for any Ticket or Package, you agree to be bound by these Terms and Conditions. If you have any queries regarding their contents, please contact us, using the contact details set out below, before placing your order. You should store a copy of these Terms and Conditions for future reference.
- By placing an order for any Ticket or Package, you warrant that you are legally capable of entering into binding contracts, that you are at least 18 years old, that the information you supply about yourself is complete and accurate, and that (unless otherwise specified) the information relates to you and not any other person. You must inform us of any change to the contact details you provide when placing your order.
- Your order constitutes an offer to the University to buy the Ticket or Package. Orders/offers made by you are subject to acceptance by the University, and the contract between the University and you (“Contract”) will only be formed when the University sends you an e-mail confirming that the University has accepted your order (“the Acceptance”). The University is under no obligation to accept any order/offer made by you (and shall not, for the avoidance of doubt, accept any liability for any failure or inability of its website or other systems to process any order/offer made or attempted to be made by you but not accepted by it). The Contract will relate only to those Tickets or Packages which the University has confirmed it will provide in the Acceptance. The University will not be obliged to supply any other Ticket or Package not contained in any Acceptance.
3. Prices and payment
- The prices of Tickets and Packages will be as quoted on the University’s website at the time you place your order. It is always possible that, despite the University’s reasonable efforts, some Tickets and Packages may be incorrectly priced. If the University discovers an error in the price of the Tickets or Packages you have ordered, then the University will contact you to inform you of this error and give you the option of continuing to purchase the Tickets or Packages at the correct price or cancelling your order. In those circumstances, the University will not process your order until the University has your instructions. If the University is unable to contact you using the contact details you provided during the order process, it will treat the order as cancelled and notify you in writing. Prices for Tickets and Packages may change from time to time, but those changes will not affect any order in relation to which you have received an Acceptance.
- The prices of Tickets and Packages are subject to the addition of costs or charges in relation to booking fees, bank charges, postage, carriage and insurance as set out on the University’s website. If you order any Ticket or Package for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes.
- You agree to make all payments due to the University under this Contract, in advance, without set off or any other deduction.
- The University accepts payment via Visa, Visa Debit, Mastercard and Maestro. The University will use its reasonable endeavours to ensure that all of the information you provide to it when paying for any Ticket or Package is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on the University’s part it will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you provide to it.
- The University does not accept liability for a payment not reaching the correct University account due to you quoting incorrect personal details, or if payment is refused or declined by your credit/debit card supplier for any reason. If your credit/debit card supplier declines payment, the University is under no obligation to bring this fact to your attention. You should check with your bank or card issuer that payment has been deducted from your account.
- Refunds, if applicable, will only be made to the credit/debit card used for the original transaction. If you become entitled to a refund under these Terms and Conditions, the refunds will be paid in Pounds Sterling and the University will not be responsible for any losses you suffer as a result of currency exchange fluctuations or exchanges. You must follow any refund instructions provided by the University in the manner set out in those instructions.
- To prevent fraud, and to protect both you and us, we may ask you to provide additional information after the Contract comes into existence. The University is entitled to cancel, without notice or liability, any Contract which it reasonably suspects to have been made fraudulently.
4. Tickets and Packages
- Tickets and Packages are sold subject to availability, and may be restricted to a maximum number or sold subject to certain restrictions, as published on the University’s website(s). Where any Ticket or Package purchased by you includes a concession, the University is entitled to require you to provide proof of eligibility at the point of (and thereafter), and as a pre-cursor to, entry to the Event.
- A valid Ticket must be produced to gain entry to an Event. Please notify the University, before placing your order, of any access requirements.
- Tickets are at your risk from the point of delivery or collection onwards, and from that point onwards the University will not be required to replace any Ticket which has been lost, stolen, defaced, damaged or destroyed.
- If any Ticket purchased by you relates to an allocated seat, the University reserves the right to provide an alternative seat, so long as it is of an equal or greater value.
- Tickets and Packages are for personal use, and are non-transferable. If you attempt or have attempted to re-sell or transfer any Ticket or Package, we are entitled to cancel the Ticket or Package without notice or liability. Any Ticket or Package acquired other than pursuant to these Terms and Conditions, and any rights attaching to such Ticket or Package, shall be void and non-refundable.
- We will use our reasonable endeavours to send Tickets and Packages to you by email or by post at the details nominated by you when placing your order. We may, at our discretion, make the tickets available for collection at a location nominated by us rather than send them by post or email.
- If you are expecting your Tickets or Packages to arrive by post, please let us know if they have not reached you 72 hours before the time at which the Event is scheduled to start. If you do not do so, and as a consequence are unable to attend the Event or redeem your Packages, we will have no liability to you.
- When collecting any Tickets or Packages, you must present the bank card used to purchase them or, if you are a student of the University, your student identity card. Other methods of identification or proof of purchase will not be accepted.
- When you receive your Tickets or Packages, please inspect them and notify us promptly of any errors made by you when placing your order. If you do not do so, we may refuse to allow you entry to the Event, and/or to redeem your Packages, without liability.
- You agree to abide by any regulations, policies, processes or conditions advertised by the University as applicable to the Event.
- The University reserves the right to reschedule, change the Venue in relation to the provision of, or alter the content of, any Event. In circumstances where it does so, and its actions amount to a material change (to be determined at the discretion of the University acting reasonably), you will be offered a refund of the price paid by you to us for the Ticket and any related Package (but not any associated fees, charges, costs and expenses).
- The University reserves the right to cancel any Event at its sole discretion. In the event that it does so:
- 3.1 The University will use its reasonable endeavours to publicise the cancellation on its website. You are responsible for checking this information prior to the Event; and
- 3.2 The University will refund the price by you to us for the Ticket and any related Package (including any associated fees, charges, costs and expenses paid by you to the University).
- The University reserves the right to terminate, without liability, the provision of any Event, including excluding you from it (or any related services) after its commencement if, in the University’s sole discretion, it considers that you are impeding the smooth progress of the Event or other of the University’s activities or your presence is bringing or threatening to bring the University into disrepute.
- Where the University is not the Event organiser it is not responsible, unless stated otherwise in writing, for the content or delivery of the Event. To the maximum extent permitted by law the University facilitates your access to such Event on the basis that it excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which might have otherwise take effect in relation to the provision of the Event.
- Children under the age of 11 must be supervised at all times and supervision of children shall be by not less than 1 adult per 10 children. The University reserves the right to ask parents and supervisors to remove children if, in the opinion of the University, they are causing a disturbance.
- The University cannot guarantee late admission to any Event. You may only leave and re-enter a Venue during an Event at the discretion of the University.
7. Limitation of liability
- Except for any legal responsibility that the University cannot exclude or restrict in law (such as for death or personal injury caused by negligence, fraud or fraudulent misrepresentation):
- The University’s total liability in contract, tort, misrepresentation or otherwise arising in connection with the performance or contemplated performance of the Contract will be limited to the price of the Tickets and any related Packages purchased by you.
- The University will not be liable to you for loss of profit, loss of data, loss of business or depletion of goodwill nor for any indirect or consequential liability, loss or damage which arises out of or in connection with the Contract, and will not (by way of example only) be responsible for any travel or accommodation costs incurred. You are strongly advised to take out insurance against cancellation of any event if your travel costs are likely to be substantial.
8. Technology and prohibited items
- The recording of audio or visual material at any Venue by you is prohibited. Unauthorised recording equipment or recordings may be confiscated and destroyed or deleted. By attending an Event, you consent to the recording of yourself as a member of the audience. The University may use such recordings without consent or payment.
- The bringing and distribution of sponsorship, promotional or marketing materials into any Venue are prohibited.
- Mobile telephones must be switched off during an Event as directed by the University. Alcohol may only be consumed as authorised and permitted by the University. Smoking is not permitted other than within a designated smoking area as directed by the University.
- Animals (other than assistance dogs), laser pens, explosives, weapons, illegal substances, and comestibles and containers (other than as permitted by the University) may not be brought into any Venue.
- The University reserves the right to conduct security searches from time to time and confiscate any item which, in its reasonable opinion, may cause danger or disruption to other members of the audience or the Event or is prohibited under these Terms and Conditions.
- Your personal information will be collected and stored by the University, its affiliates, agent, contractors or service providers (including its e-commerce provider (currently WorldPay (UK) Limited)) for the following purposes:
- 1.1 To directly provide any information, Tickets or Packages requested by you;
- 1.2 To enable third parties to process and manage your information to enable the University to provide any information, Tickets or Packages requested by you;
- 1.3 For security, administrative and legal purposes;
- 1.4 To update and enhance the services provided by the University;
- 1.5 To evaluate the performance of the University’s activities;
- 1.6 For marketing purposes to inform you about similar products or services that the University provides, but you may stop receiving these at any time by contacting the University.
- Any personal information will only be used in accordance with data protection legislation in force from time to time. By placing any order for Tickets or Packages or otherwise interacting with the University’s website, you consent to the collection and use of the information you voluntarily submit, for the purposes described above.
- The University reserves the right to delay performance of or cancel this Contract in the case of any strike, lockout, disorder, adverse weather conditions, power outage, third party interference, impossibility of the use of transport, impossibility of the use of public or private telecommunications networks, breakdown of equipment or computer systems or websites, unavailability of key staff or key materials, health or safety concerns, third party occupation of the University’s premises, fire, explosion, accident or stoppage of or affecting the University’s business or work which is beyond its reasonable control (an ‘Event Outside the University’s Control’), or issues regarding eligibility, suitability, unavailability of delivery or the unavailability of spaces or stock, and which prevents or hinders the performance of its obligations under this Contract.
- The University may cancel any Contract at any time with immediate effect if you do not pay the University when you are supposed to, or you break the Contract in any other material way and do not correct the situation within such time as the University asks you to.
- The University may change these Terms and Conditions from time to time without notice. Changes will apply to any subsequent transactions with the University. Please read the Terms and Conditions immediately prior to placing any order.
- Nothing in these Conditions excludes or limits the liability of the University for death or personal injury caused by the University’s negligence, fraud, or fraudulent misrepresentation.
- 9.6 Nothing in these Terms and Conditions shall give you any right to use or exploit in any way any intellectual property contained in or relating to any Events, Tickets or Packages unless expressly agreed by the University in writing.
- In no event will the University be liable as a result of your use, inability to use, or the results of use, of its website, any websites linked to its website, or the materials or information contained at any or all such sites.
- You may not transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it, without the University’s prior written consent. The University may transfer, assign, charge, sub-contract or otherwise dispose of this Contract, or any of the University’s rights or obligations arising under it, at any time during the term of the Contract.
- All legal notices given by you to the University must be given by recorded post or by hand to The Registrar and Secretary’s Office, The University of Birmingham, Edgbaston, B15 2TT. Routine communications given by you to the University may be sent by email to firstname.lastname@example.org or by post to University of Birmingham Central Box Office, Edgbaston, Birmingham, B15 2TT. The University may give notice to you at the e-mail or postal address you provide to the University when placing an order, or by posting on the University’s website. Notice will be deemed received and properly served immediately when posted on the University’s website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice on you 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 e-mail, that such e-mail was sent to the e-mail address specified by you.
- Each right or remedy of the University under this Contract is without prejudice to any other right or remedy of the University whether under the Contract or not. If the University fails, at any time during or following the term of this Contract, to insist upon strict performance of any of your obligations under the Contract this shall not constitute a waiver of such rights or remedies. A waiver by the University of any default shall not constitute a waiver of any subsequent default. No waiver by the University of any of its rights shall be effective unless it is communicated to you in writing at the e-mail or postal address you provide to the University when placing an order.
- If any provisions in these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision will to that extent be severed from the remaining provisions which will continue to be valid to the fullest extent permitted by law.
- For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
- Each of you and the University shall, in connection with this Contract, comply with all applicable laws, statutes, regulations and sanctions relating to anti-bribery and anti-corruption, including but not limited to the Bribery Act 2010.
- Each of you and the University shall, in connection with this Contract, comply with all applicable laws, statutes, regulations and codes relating to modern slavery, including but not limited to the Modern Slavery Act 2015.
- Each of you and the University shall, in connection with this Contract, observe all relevant provisions of the Counter-Terrorism and Security Act 2015 and the provisions of any relevant associated guidance and shall provide to each other all necessary assistance and information to enable the other to comply with their duties and obligations arising under that Act and any relevant associated guidance in relation to the subject matter of this agreement.
- Each of you and the University shall not, in connection with this Contract, unlawfully discriminate either directly or indirectly on such grounds as gender, race, colour, ethnic or national origin, disability, sexual orientation or age within the meaning of the Equality Act 2010 or any re-enactment thereof and all legislation and directives relating to equality and discrimination.
- Any disputes or concerns shall be addressed in accordance with the following complaints procedure:
- If you have a complaint, comment or concern, discuss this with a member of staff. After speaking to a member of staff, if you are still not happy you can follow the complaints procedure below.
- Email your complaint to email@example.com.
- The University will aim to acknowledge your complaint in writing within two working days.
- The University will aim to settle your complaint within 10 working days.
- Where the University’s complaints procedure is exhausted by you then you and the University will attempt to settle the dispute by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. The mediation will take place in Birmingham. Alternatively, an online dispute resolution service is also available, supported by the European Commission: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
- If you have a complaint, comment or concern, discuss this with a member of staff. After speaking to a member of staff, if you are still not happy you can follow the complaints procedure below.
- This Contract will be governed by and construed in accordance with English Law. The English Courts will have exclusive jurisdiction to deal with any dispute which may arise out of or in connection with the Contract subject to clause 9.17.