Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we will provide the Booking (as defined below) that you have booked or wish to book through this website, through our application (together the “Site”) or via telephone. Please read these terms and conditions carefully and make sure that you understand them. You should understand that by making a Booking, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
INFORMATION ABOUT US
We operate the website https:// www.theterraceexeter.com. We are The Deltic Group Limited (we or us). We are registered in England and Wales under company number 07870512 and we have our registered office at Deltic Avenue, Rooksley, Milton Keynes MK13 8LW. Our VAT number is 127689181 (“we”, “us”, “our” or “Deltic Group”).
If you wish to get in touch with us about a Booking, please email [email protected]
USE OF OUR SITE
Your use of our Site is governed by our Terms of Website Use https://www.theterraceexeter.com /terms-of-website-use and Acceptable Use policy https://www.theterraceexeter.com /acceptable-use-policy. Please take the time to read these, as they include important terms which apply to you.
HOW WE USE YOUR PERSONAL INFORMATION
“you”, “your” or “party” are the person or entity named on the booking form; and
“Booking” means the booking of tickets for admission to a Deltic Group club on a specific date together with, where appropriate, any activities, events, food, drink, club packs or other ancillary items set out in your booking request form and that you have booked through the Site or via telephone.
The submission of your booking request constitutes an offer to us, which will be accepted by us upon receipt of a booking confirmation e-mail from us. The contract between us (“Contract”) will only be formed when we send you an e-mail confirmation.
The Contract will relate only to those items and on the date comprised in the Booking. Deltic Group will not be obliged to supply any other goods or services.
Please note that not all events listed on the Site will include fast track entry. You are responsible for checking on the relevant Site or checking with the venue to ensure that fast track entry is available for the specific date of your Booking.
You may only make a Booking on this Site if you are at least 18 years old.
For the avoidance of doubt, all Bookings are subject to Deltic Group’s admissions and other policies. Deltic Group shall not be obliged to admit you, any member of your party or the entire party if they do not comply with Deltic Group’s admissions or other policies and Deltic Group shall accept no liability in this regard.
You will need to bring a copy of the tickets attached to the booking confirmation e-mail or the booking confirmation e-mail itself together with your ID (passport, driving licence or PASS card) in order to be admitted to the venue on the specific date of the Booking. Deltic Group will accept no liability if you fail to do this and you are not admitted to the venue.
By making a Booking, you warrant that you are:
– legally capable of entering into binding contracts;
– that you are at least 18 years old; and
– if you are making this Booking in relation to a Hype or Love Social event in respect of a child, such child is between the ages of 13 and 17 (or 14 and 17, in the case of events run at Colchester and Romford).
PRICE AND PAYMENT
The price for the Booking will be as quoted on our site from time to time, except in the case of obvious error.
Prices include VAT. However, if the rate of VAT changes between the date of your order and the date of your Booking, we will adjust the VAT you pay, unless you have already paid for the Booking in full.
Our Site contains a large number of products and it is always possible that, despite our best efforts that some of the products on our Site may be incorrectly priced. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Booking to you at the incorrect (lower) price.
Payments for all Bookings must be made by credit or debit card, for which there shall be no additional charge.
You warrant that the information contained in your Booking is accurate.
Bookings made through the Site or via telephone are non-refundable and non-transferable.
CHANGES TO BOOKING
If we have to make a change to your Booking, we will inform you as soon as possible.
We reserve the right at any time to cancel or change any Booking made and to provide a full refund or substitute alternative arrangements in our sole discretion and without liability to you.
All changes by you must be requested in writing by the person who has made the Booking. We will make every effort to accommodate your changes but may not always be able to do so. If such changes incur additional costs, you agree to meet them upon request. Adding additional group members will be charged at the same rate per party member and is subject to availability.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
Should a Force Majeure Event occur that results in the Booking being cancelled by us, we will re-arrange the Booking where practicable.
Should a Force Majeure Event occur that results in you or your party being unable to attend, your individual Booking or entire Booking (where appropriate) will be cancelled without liability to us.
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
– severe or adverse weather conditions;
– civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
– fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
– impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
– impossibility of the use of public or private telecommunications networks;
– the acts, decrees, legislation, regulations or restrictions of any government; and
– pandemic or epidemic.
Where our Site contains links to other sites or resources, information or advertising provided by third parties, this is provided for your information only. We have no control over the contents of those sites or resources, advertising or information and accept no responsibility for them or for any loss or damage that may arise from your use of them.
By registering to use this Site and by providing your e-mail address, you agree that Deltic Group can send you offers either to your e-mail or directly to your profile page. If you do not wish to receive these offers or wish to opt-out at any time, please send an e-mail to [email protected]raceexeter.com.
To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
– all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
– any liability whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
o any loss of profits, sales, business, or revenue;
o loss or corruption of data, information or software;
o loss of business opportunity;
o loss of anticipated savings;
o loss of goodwill; or
o any indirect or consequential loss.
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
Subject the paragraph below, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Booking.
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, or any other liability which cannot be excluded or limited under applicable law.
APPLICABLE LAW AND JURISDICTION
The English courts will have the exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
We aim to update these terms and conditions and other parts of our Site regularly and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these terms and conditions.
You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.
Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Terms and Conditions for the Supply of Goods and/or Services
These terms and conditions (“Conditions”) apply to the supply of goods (“Goods”) and/or services (“Services”) to The Deltic Group Limited or any company in the same group (“Deltic”). By accepting a purchase order (“Order”) from Deltic which refers to these Conditions, the supplier of the goods and/or services (“Supplier”) is deemed to accepts these Conditions.
1. 1 DURATION
1.1. The Order constitutes an offer by Deltic to purchase Goods and/or Services from the Supplier in accordance with these Conditions.
1.2. The Order shall be deemed to be accepted on the earlier of:
1.2.1. the Supplier issuing written acceptance of the Order; or
1.2.2. any act by the Supplier consistent with fulfilling the Order,
1.2.3. at which point and on which date the Contract shall come into existence.
1.3. These Conditions apply to the Contract to the exclusion of any other terms that the Supplier seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2. GENERAL OBLIGATIONS OF THE SUPPLIER
2.1. In performing its obligations hereunder the Supplier shall:
2.1.1. provide the Goods and/or Services in a timely manner in accordance with the timescales set out in any Order;
2.1.2. comply with all reasonable instructions and/or directions of Deltic;
2.1.3. comply with all applicable laws, enactments, orders, regulations, codes of practice and other similar instruments as may be in force or apply from time to time;
2.1.4. obtain and maintain in force all necessary consents, approvals, authorisations, licences and permissions which may be required in order to enable it to perform its obligations;
2.1.5. ensure that any of its personnel who attend Deltic’s premises act in accordance with (a) all health and safety regulations, (b) any other security requirements that apply to Deltic’s premises and (c) Deltic’s health and safety and security policies;
2.1.6. promptly notify Deltic of any circumstance that may materially delay or otherwise affect the Supplier’s ability to provide the Goods or Services;
2.1.7. hold all materials, equipment and tools, drawings, specifications and data supplied by Deltic to the Supplier in safe custody at its own risk, maintain them in good condition until returned to Deltic, and not dispose or use them other than in accordance with Deltic’s written instructions or authorisation;
2.1.8. work in accordance with the specific service levels defined in any agreed service level agreement.
3. SUPPLY OF GOODS
3.1. In supplying the Goods, the Supplier shall:
3.1.1. ensure that the Goods are fit for the purpose required and are free from any defect in design, performance, safety, materials and workmanship;
3.1.2. inspect and test the Goods prior to delivery for total compliance with the relevant Order;
3.1.3. comply with all applicable regulations or other legal requirements concerning the manufacture, packaging, packing and delivery of the Goods;
3.1.4. ensure that all Goods are delivered:
220.127.116.11. in accordance with any time or date referred to in any Order or, if no such date is specified, within 10 days of the Effective Date and time shall be of the essence;
18.104.22.168. to Deltic’s premises at the address specified in the Order or such other location as is set out in the Order or as instructed by Deltic before delivery; and
22.214.171.124. during Deltic’s normal hours of business on a business day, or as instructed by Deltic;
3.2. The Supplier shall not deliver the Goods in instalments without Deltic’s prior written consent.
4. SUPPLY OF SERVICES
4.1. In supplying the Services, the Supplier shall:
4.1.1. provide all Services with the best skill, care and diligence and in accordance with the best standards observed in the industry for similar services;
4.1.2. perform the Services in accordance with any quality control or other particular requirements set out in any Order or any service level agreement;
4.1.3. ensure that all Services (including, without limitation, any installations or removals) are supplied in accordance with any time or date referred to in any Order or agreed contract schedule and time shall be of the essence in this regard;
4.1.4. comply with all applicable regulations or other legal requirements concerning the supply of the Services; and
4.1.5. comply at all times with any lawful and/or reasonable instructions given by Deltic (including without limitation any risk assessment, policies and licence conditions) in respect of the provision of the Services.
5. RISK AND TITLE OF GOODS
5.1. Risk of loss of or damage to the Goods shall at all times remain with the Supplier where the items are on lease. Where Deltic is purchasing items outright, risk of loss or damage will transfer to Deltic on delivery.
5.2. Title in the Goods shall remain with the Supplier when the Goods are on lease. Where Deltic is purchasing items outright, title in the goods will transfer to Deltic on delivery.
6.1. Without prejudice to any other right or remedy which Deltic may have, if any of the Goods are not supplied, or if the Services are not carried out in accordance with these Conditions, Deltic may at Deltic’s option:
6.1.1. in respect of Goods only to:
126.96.36.199. reject the Goods (in whole or part);
188.8.131.52. require the Supplier, at the Supplier’s expense, either to remedy any defect or to supply replacement Goods;
184.108.40.206. require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; or
6.1.2. in respect of Services only to:
220.127.116.11. require the Supplier, at the Supplier’s expense, to remedy any issues with the Services (or breach of any agreed service levels where applicable) within 10 days of notification;
18.104.22.168. require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided; or
6.1.3. in respect of Goods and/or Services to:
22.214.171.124. claim such damages for any costs, losses or expenses as may have been sustained in consequence of the Supplier’s breaches of these Conditions; or
126.96.36.199. terminate the Contract either in whole or in part with immediate effect by giving written notice to the Supplier.
7.1. The Supplier shall indemnify and keep Deltic indemnified in full against all liabilities, damages, injury, losses, costs and expenses (including legal and other professional fees and expenses) suffered, awarded against or incurred or paid by Deltic as a result of or in connection with:
7.1.1. any claim made against Deltic for actual or alleged infringement of a third party’s Intellectual Property arising out of, or in connection with, the supply or use of the Goods, or receipt, use or supply of the Services;
7.1.2. any claim made against Deltic by a third party for death, personal injury or damage to property arising out of, or in connection with, defects in the Goods or performance of the Services;
7.1.3. any breach by the Supplier of clause 14 (Data Protection) or clause 15 (Anti-Bribery).
8. LIMITATION OF LIABILITY
8.1. Nothing in these Conditions excludes or limits the liability of either party for (i) death or personal injury resulting from negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be excluded or limited as a matter of law.
8.2. The Supplier’s liability in contract, tort, misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of under these Conditions in any period of 12 months shall not exceed, in the case of physical damage to property, £1 million per event or series of related events and, in all other cases, 200% of the fees paid by the Supplier to Deltic during such 12 month period.
8.3. Deltic’s liability to the Supplier in contract, tort, misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of under these Conditions shall not exceed payment of the purchase price for the Goods and/or Services in question.
9.1. The Supplier shall effect and maintain in force with a reputable insurance company, at levels which are prudent given the nature of the Goods and the Services being provided, the following insurance policies:
9.1.1. Public and Product Liability Insurance Policy in respect of loss or injury to persons or damage to tangible property; and
9.1.2. such other insurance as may be required by law (including employer’s liability).
9.2. On request, the Supplier shall promptly provide Deltic with reasonable evidence confirming that the Supplier is insured in accordance with this Condition.
10.1. The price for the Goods and/or Services will be as stated in the Order or as otherwise agreed in writing by the parties and shall be inclusive of any costs of packaging, insurance and carriage.
10.2. Subject to the receipt of a correct invoice, Deltic shall make payment for the Goods and/or Services in pounds sterling within 60 days of the date on which Deltic receives the invoice.
10.3. In respect of the Goods, the Supplier shall invoice Deltic on or at any time after completion of delivery. In respect of Services, the Supplier shall invoice Deltic on completion of the Services. Each invoice shall include such supporting information required by Deltic to verify the accuracy of the invoice, including but not limited to the Order number. Invoices shall be sent to Deltic’s registered office and shall be inclusive of VAT.
10.4. If Deltic fails to pay the Supplier on the due date, the Supplier may charge interest from the due date for payment at an annual rate of 1% above the base rate of the Bank of England from the due date until payment.
11. TERM AND TERMINATION
11.1. Deltic may terminate any unfulfilled Order for convenience by giving the Supplier not less than 1 month’s written notice.
11.2. Deltic may terminate any Order with immediate effect by giving written notice to the Supplier if:
11.2.1. the Supplier commits a material breach of its obligations under these Conditions and fails to remedy such material breach within 14 days of receipt of notice in writing the Supplier to do so;
11.2.2. Deltic has reasonable grounds to believe that the Supplier will be unable to pay its debts as they fall due or will be unable to perform its obligations under these Conditions as a result of an event of insolvency, administration, receivership, arrangement with its creditors or other similar event.
11.3. For the avoidance of doubt, termination of these Conditions for whatever reason shall be without prejudice to the rights and remedies of either party which may have accrued on or before the date of termination.
12. INTELLECTUAL PROPERTY
12.1. Intellectual Property owned by the Supplier on the date of the Order shall remain the sole property of the Supplier. Intellectual Property owned by Deltic on the date of the Order shall remain the sole property of Deltic. Intellectual Property created by or on behalf of either party in respect of the Order at any time after the date of the Order shall be owned by Deltic.
12.2. The Supplier shall ensure that full legal and beneficial ownership of any Intellectual Property relating to work done by personnel performing the Services will vest or will be caused to vest in Deltic.
13.1. Each party agrees to treat as secret and confidential and shall not at any time or for any reason without the other party’s written consent (i) disclose or permit to be disclosed to any person or persons or (ii) make use of or permit to be made use of other than for the purposes for which it was disclosed, any confidential information belonging to the other party.
13.2. A receiving party may disclose confidential information to such of its employees, agents or sub-contractors as need to know the same for the purpose of discharging its obligations to the disclosing party and shall procure that such employees, agents or sub-contractors observe the same obligations as those of the receiving party.
13.3. The obligation of confidentiality referred to in this clause 13, shall not apply to any information which:
13.3.1. is in the possession of and is at the free disposal of the receiving party or is published or is otherwise in the public domain prior to the receipt of such confidential information or other information by the receiving party;
13.3.2. is or becomes publicly available on a non-confidential basis through no fault of the receiving party; or
13.3.3. the receiving party is required to disclose the confidential information by law or applicable regulation.
13.4. Following fulfilment of an Order, each party agrees to return to the other party or destroy any confidential information which it has previously received and which is no longer needed and to certify on request that this has been done.
14. DATA PROTECTION
14.1. In relation to all processing of personal data, the Supplier shall:
14.1.1. implement and maintain, appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing or accidental loss or damage;
14.1.2. comply with its obligations under any applicable data protection law and regulations, and shall not, by act or omission, put Deltic in breach of, or jeopardise any registration under, any such laws and regulations;
14.1.3. maintain proper records of its processing activities;
14.1.4. promptly and fully notify Deltic in writing if the Supplier suspects or becomes aware of any actual, threatened or potential breach of security of any personal data it holds; and
14.1.5. if and to the extent that the Supplier collects and passes personal data to Deltic, obtain appropriate consent from all data subjects to whom it relates, allowing the Supplier to pass their personal data to Deltic.
14.2. Where Supplier is processing personal data on Deltic’s behalf, the Supplier shall:
14.2.1. process personal data only for the purposes for which it was provided and in accordance with Deltic’s written instructions from time to time;
14.2.2. permit Deltic, or Deltic’s representatives, at any time on reasonable notice to audit the Supplier’s compliance with its data processing obligations under these Conditions and to provide such information and assistance as Deltic may require;
14.2.3. promptly notify Deltic in writing of any notices received by the Supplier relating to the processing of any personal data, including subject access requests, complaints and/or correspondence from any regulatory body and provide such information and assistance as Deltic may reasonably require in relation to such notice;
14.2.4. not transfer personal data to a third party or export personal data outside the EU without Deltic’s prior written consent.
15.1. The Supplier agrees with Deltic that it will not, in connection with any Goods and/or Services to be supplied, commit any offence under sections 1, 2, 6 or 7 of the Bribery Act 2010 or any equivalent offence under laws applicable to the Supplier (“Bribery Offence”).
15.2. The Supplier represents and warrants to Deltic that it has not, prior to the acceptance of an Order, committed any Bribery Offence.
15.3. The Supplier agrees that it will not take or knowingly permit any action to be taken that would cause Deltic to be in violation of any applicable anti-bribery or anti-money laundering laws.
15.4. The Supplier agrees that its books, records and all accounts shall accurately reflect any and all payments in respect of transactions of the Supplier whether under the Contract or otherwise.
15.5. If the Supplier discovers that it has or may have violated any of the provisions in this clause 15, the Supplier shall immediately notify Deltic and cooperate with any investigations by Deltic into such matters.
15.6. Without prejudice to the generality of clauses 15.1 to 15.5 inclusive, the Supplier covenants with Deltic to establish and at all times maintain and implement such anti-bribery policies and procedures as may be required to ensure that it prevents any Bribery Offence taking place on the Supplier’s behalf.
15.7. The Supplier agrees that in addition to Deltic’s termination rights set out elsewhere in the Conditions, Deltic may immediately terminate any Order in the event of a breach of this clause 15 by the Supplier.
16.1. If either party delays enforcing, or fails to enforce, their rights under any Order it shall not affect their rights to do so at a later date.
16.2. A waiver of any right or remedy under any Order or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
17.1. Any notice or other document to be given under these Conditions shall be in writing and shall be deemed to have been duly given if sent by or delivered by (i) first class post; (ii) registered post; or (iii) hand, to a party at its registered office or such other address as a party may from time to time designate by written notice.
17.2. Any notice or other document shall be deemed to have been received by the addressee two business days following the date of despatch of the notice or other document or, if sent by hand, the time at which the notice is left at the proper address.
18.1. The Supplier shall not advertise or make reference to its relationship with Deltic except by means of advertising material first approved in writing by Deltic.
19. THIRD PARTIES
19.1. A person who is not a party to the Contract shall not have any rights under or in connection with it under the Contracts (Right of Third Parties) Act 1999 or otherwise.
20.1. These Conditions shall not be amended, modified, varied or supplemented except as agreed in writing signed by duly authorised representatives of both parties.
21. GOVERNING LAW
21.1. These Conditions shall be governed and construed and have effect in all respects in accordance with the law of England and Wales.
21.2. The courts of England shall have exclusive jurisdiction over any proceedings arising out of or in connection with these Conditions.