TERMS & CONDITIONS
This website is operated by London Club Nights, a sole-trader company in England and Wales and whose address is as follows: 106A Clarence Road London E58HB (“LCN”). Throughout the site, the terms “we”, “us” and “our” refer to London Club Nights. London Club Nights offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The website provides online box office and social networking services.
By visiting our site you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By accessing the website, you warrant and represent to the website owner (“London Club Nights”), that you are legally entitled to do so and to make use of information made available via the website. A breach or violation of any of the Terms will result in an immediate termination of your Services.
1. GENERAL CONDITIONS
LNC reserves the right to, at its absolute discretion, refuse service to any user at any time and for any reason including, but not limited to, any breach of the Terms. LNC reserves the right to terminate a user’s access to the site, cancel any Ticket orders, terminate any services used by the user, delete any profiles and/or take any other appropriate legal and/or technical action against that user.
The Site is intended for use by persons who are ordinarily resident in the United Kingdom. In using the Site, all users agree to abide by the laws of England and Wales including but not limited to laws regarding online conduct and acceptable content. Any user not resident in the United Kingdom must comply with this clause as well as the laws of the country where they are resident. Further any such user agrees that LCN reserves the right to refuse orders from outside the United Kingdom. Where such orders are accepted, LCN reserves the right to place any restrictions it deems fit on such orders. If the Tickets under such an order are required to be delivered by post, the Tickets may be subject to import duties and taxes which are levied when they reach the specified destination. The user will be responsible for payment of any such import duties and taxes and the user must comply with all applicable laws and regulations of the country for which the Tickets are destined. LNC will not be liable for any breach by the user of any such laws.
2. THIRD-PARTY LINKS
Certain content, products and services available via our website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Use or reliance on any external links and the content thereon provided is at your own risk.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
For more detail, please review our Linking Policy.
3. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
4. PERSONAL INFORMATION
London Club Nights reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
5. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
6. BOX OFFICE
6.1 The user may use the services provided on the website from time to time in accordance with these Terms.
6.2 BOX OFFICE
6.2.1 The user may purchase Tickets to attend Events listed on the website.
6.2.2 In order to purchase Tickets, the user must be:
18.104.22.168 Capable of entering into legally binding contracts.
6.2.4 The user shall be responsible for providing registration information which is true, accurate and complete. The user shall also be responsible for ensuring that this information remains true, accurate and complete at all times.
6.2.5 As part of the registration process, the user will be required to select a password and username. The user shall be responsible for keeping this password safe and secure and for all activities which occur under the chosen username.
6.2.6 LCN reserves the right to refuse any registration which in any manner breaches the Terms.
6.2.7 In purchasing a Ticket to the Event, the user agrees to and accepts that:
22.214.171.124 LCN is selling the Ticket on behalf of the Event Promoter. For the avoidance of doubt, LCN is acting as the agent of the Event Promoter in respect of the sale of Tickets.
126.96.36.199 Any contract arising out of the sale of a Ticket shall be between the Event Promoter and the user. The user also agrees to and accepts that all Tickets may also be subject to further restrictions imposed by the Event Promoter. It shall be the user’s responsibility to be aware of and comply with any such restrictions.
188.8.131.52 When a user places an order to purchase Tickets, that order shall be treated as an offer being made by that user to LCN to purchase the Tickets. Once an order has been placed, the user will receive an e-mail from LCN acknowledging receipt of the order.
184.108.40.206 LCN reserves the right to either accept or reject the offer. Any such offer is also subject to acceptance where appropriate by the relevant Event Promoter.
220.127.116.11 LCN, in its absolute discretion, may cancel, delay or reject any order which:
18.104.22.168.1 contains insufficient information needed to process the order;
22.214.171.124.2 contains information which cannot be verified by LCN;
126.96.36.199.3 or is being used to perpetuate a fraud or any other unlawful activity.
188.8.131.52 An order by a user will be deemed as accepted when LCN sends the user an email confirming acceptance and/or when the Tickets are sent to the user via email.
184.108.40.206 Tickets may only be purchased for personal use. The user may not purchase Tickets as part of any form of business or commercial activity and in particular, Tickets may not be resold or offered for resale by anyone whether at a premium or for any other trade purposes. Failure to comply with this clause will be treated as a breach of the Terms. LCN reserves the right to cancel or seize any tickets used in any manner contrary to these Terms. Furthermore LCN will not be liable for any losses whatsoever which arise as a result of a breach of this clause.
220.127.116.11 In purchasing Tickets to an Event, the user and any person who uses the Ticket(s) agrees and consents to being photographed and/or filmed at the Event.
6.2.8 The user shall also be responsible for:
18.104.22.168 Ensuring that all Ticket details are correct both at the time when the order is placed and when the Tickets are delivered;
22.214.171.124 Any loss, theft or damage once the Tickets have been emailed;
126.96.36.199 Determining whether an Event has been cancelled and any rescheduled dates have been set. If an Event is cancelled the user may be offered Tickets for a rescheduled date. LCN shall use reasonable endeavours to inform the user of any cancellation once it receives notification of the same from the Event Promoter;
188.8.131.52 Arriving at the event on time. LCN does not guarantee the user entry to the Event;
184.108.40.206 Complying with all relevant statutes and venue regulations including age restrictions and safety announcements whilst attending an Event. The venue and/or Event Promoter reserves the right to refuse admission or re-admission. In the event this occurs, the user will not be entitled to a refund;
220.127.116.11 Ordering Tickets in plenty of time to allow for delivery;
18.104.22.168 Ensuring that any email addresses provided to LCN can receive emails from the LCN domain. LCN shall not be responsible for undelivered Tickets. It is the user’s responsibility to ensure that emails from LCN are not blocked by the user’s Internet Service Provider.
6.2.9 All Tickets shall be delivered electronically by email once LCN has completed the Order, this is within minutes of purchase.
6.2.10 Without prejudice to the forgoing, LCN reserves the right to make the Tickets available for collection at the venue immediately prior to the Event. Where this is done, LCN shall endeavour to notify the user of the same.
6.2.11 LCN reserves the right to restrict the number of Tickets sold for an Event to any maximum number it deems fit using any of the following criteria but not limited to the same: per person, per credit card or per household. LCN reserves the right to cancel tickets purchased in excess of this number without prior notice to user.
6.2.12 In order to redeem Tickets, the user must attend the Event and provide the Event Promoter with the following:
22.214.171.124 A copy of the e-ticket, showing the unique booking reference; where Tickets have been sent in accordance with clause 6.2.9, a copy of the Ticket and where clause 6.2.10 applies, a print-out of the order form; and
126.96.36.199 The credit/debit card which was used to purchase the Tickets.
6.2.13 Failure to provide the information required in clause 6.2.13 above will invalidate the Ticket.
6.3.1 The price of any tickets will be as quoted on the Site from time to time.
6.3.2 These prices include VAT but exclude delivery costs, which may be added to the total amount due.
6.3.3 LCN shall charge and the user shall pay a Handling Fee for each Ticket sold in addition to the price of the Ticket.
6.3.4 LCN reserves the right to change prices at any time and shall notify the user of any such change. LCN also reserves the right to charge other fees in relation to box office services. LCN shall notify the user of any such charges before payment is taken.
6.3.5 LCN reserves the right to cancel Tickets. Where appropriate, a refund may be provided.
7. REFUND POLICY
8. RISK AND OWNERSHIP
Where Tickets are sent by post, those Tickets shall be at the user’s risk from the time of dispatch from LCN. Otherwise, Tickets shall be at the user’s risk from the time the order is completed. Ownership of tickets will only pass to the user when LCN receives full payment of all sums due in respect of the tickets, including delivery charges where applicable.
Posted Tickets may be sent by standard 1st class, or Recorded First Class. The user is aware and accepts that these delivery methods are not insured against loss or non-delivery. If the user so requests, LCN may, at the user’s cost, arrange for Tickets to be sent by Special Delivery. If a ticket is non-replaceable and the user needs to claim for non-delivery or loss, the user may contact Royal Mail customer services.
9. SOCIAL NETWORKING
The social networking service provided by LCN on the website shall consist of but shall not be limited to providing registered users with the opportunity to 1) Review and comment on past, present and upcoming Events; 2) View photographs of past Events; and 3) Share information concerning past, present and future Events including but not limited to photographs, audio and video files.
The user shall be solely responsible for any information it submits to be posted on the Site and LCN reserves the right to remove any information posted by users which, in its absolute discretion, constitutes a breach of the Terms. LCN does not claim any proprietary rights whatsoever in any information whatsoever posted on the website by the user. However the user warrants it possesses all proprietary rights or consents needed to use this information in this manner and further holds harmless and promises to indemnify LCN against any action howsoever arising in relation to information posted by that user.
The user also grants LCN all consents necessary to modify any information posted on the website in order to ensure that the quality of the Site is maintained including any future promotions.
10. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of London Club Nights. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.
The material on this website, including, but not limited to, text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material, is owned by London Club Nights. London Club Nights grants to you a worldwide non-exclusive royalty-free revocable copyright license to (a) view this website and the material on this website on a computer or mobile device via a web browser; (b) copy and store this website and the material on this website in your web browser cache memory; and (c) print pages from this website for your own [personal and non-commercial] use. London Club Nights does not grant you any other rights in relation to this website or the material on this website. All other rights are reserved.
13. NOTICES AND WRITTEN COMMUNICATION
The user accepts that communication with LCN will be predominately electronic and that LCN will contact the user by e-mail or provide information by posting notices on the Site. The user hereby agrees that all information communicated by LCN to the user, including but not limited to contracts, shall comply with any legal requirement that such communications be in writing. For the avoidance of doubt the forgoing shall apply in respect of any laws require that some of the information LCN sends to the user should be in writing.
Any communication to be given to LCN in connection with the matters contemplated by the Terms shall be given to LCN at 106A Clarence Road London E58HB. Without prejudice to the forgoing and for the avoidance of doubt, LCN does not accept electronic service of any legal documents. Any communication to be given to the user by LCN shall either be by way of the e-mail address or the postal address provided to the Site.
The user shall be deemed to have received and been properly served with the communication immediately once it is posted on the website, 24 hours after an e-mail is sent, or three days after the letter has been posted. In proving the service of any notice, it will be sufficient to show, in the case of a letter, that delivery by hand was made or that the envelope containing the communication was properly addressed and posted in a pre-paid envelope and, in the case of an e-mail that said e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
The Terms represent the agreement between LCN and the user and is binding on both parties and on their respective successors and assigns.
LCN may at any time, without the consent of the user, assign or transfer the whole or any part of its rights under the Terms to any person.
The user may not assign any of its rights or transfer any of its obligations under the Terms or enter into any transaction which would result in any of these rights or obligations passing to another person without obtaining the prior written consent of LCN.
15. FORCE MAJEURE
LCN will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Terms that is caused by events outside its reasonable control (Force Majeure Event).
A Force Majeure Event means Acts of God, outbreak of hostilities, riot, civil disturbance, acts of terrorism, acts of any government or authority, fire, explosion, flood, fog, power failure, national industrial disputes and any other circumstance whatsoever beyond the reasonable control of LCN.
Performance by LCN under any contract shall be suspended for the period that the Force Majeure Event exists, and LCN will have an extension of time for performance for the duration of that period.
16. CONFLICT OF TERMS
If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
17. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
This website is provided “as is” without any representations or warranties, express or implied. London Club Nights makes no representations or warranties in relation to this website or the information and materials provided on this website, nor does London Club Nights warrant that this website will be constantly available; or the information on this website is complete, true, accurate or non-misleading.
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the services will be accurate or reliable.
You agree that from time to time we may remove the services for indefinite periods of time or cancel the services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall London Club Nights, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Liability for any losses suffered as a result of breach of contract on the part of LCN is limited to the purchase price of the Ticket in question. LCN shall not be liable for any losses where an event is cancelled by the Event Promoter or any other third party.
You agree to indemnify, defend and hold harmless London Club Nights and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
21. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to our services constitutes the entire agreement and understanding between you and London Club Nights and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
22. GOVERNING LAW
The Terms shall be governed by English law and LCN and the user agree to submit to the exclusive jurisdiction of the courts of England and Wales in respect of any disputes which may arise in relation to the Terms.
Contracts for the purchase of Tickets through the Site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.
23. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
24. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at slaes [at} londonclubnights [dot} net.