TERMS AND CONDITIONS

FOR PURCHASING TICKETS AND BROWSING THIS WEBSITE

 

Welcome to Nick Doherty Productions LTD.

In these terms, we also refer to Nick Doherty Productions LTD as “our”, “we, or “us”.

And you are you!

 

What are these terms about?

These terms apply when you use this website, being www.halloweenhauntfest.co.uk and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you purchase any event, course or program provided by us (each an “Event”), including the sale and distribution of tickets to an Event (“Tickets”) and your attendance at such Event (together, the “Services”).

 

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

·                   Part A: Terms for when you purchase a Ticket to an Event (applies when you buy)

·                   Part B: Terms for when you browse and interact with this Website (applies when you browse)

·                   Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase Tickets unless you have read and agree to these terms.

 

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Tickets. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase
Tickets. You can check the date at the top of this page to see when we last updated these terms.

 

Part A              For When You Buy Tickets for an Event…

1                   SUBMITTING AN ORDER

(a)               By submitting an order for purchase of a Ticket using the Website’s functionality (Order) you represent and warrant that:

(i)                 you have the legal capacity and are of sufficient age to enter into a binding contract with us; and

(ii)                you are authorised to use the debit or credit card you provide with your Order.

(b)               Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Ticket you have ordered in exchange for your payment of the total amount listed upon checkout.

(c)                Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed. We reserve the right to accept or reject your Order for any reason. All Tickets are subject to availability.

(d)               In the event that you purchase Tickets to an Event on behalf of a third party, you represent and warrant that you have made that third party aware of these terms & conditions and you acknowledge and agree that actions of that third party shall also be attributed to you for the purposes of these terms and conditions.

(e)               The following age restrictions apply to the Event:

(i)                 The event is aimed at attendees aged over 16.

(ii)                If an attendee is under the age of 18, they must be accompanied an attendee over the age of 18 at all times. 

(iii)               If an attendee is under the age of 16, they must enter the event with, and be accompanied by their parent or guardian at all times.

(f)                 Upon entry your digital ticket will be exchanged for a wristband which must be worn for the duration of your attendance of the event.

(g)               It is prohibited to resell or transfer your ticket. Any ticket found to have been resold or transferred will be void and the associated attendee ejected from the Event.

(h)               Tickets may be exchanged via the website upon which they were purchased, up to 24 hour before the Event start time. Exchanges are subject to availability and may incur additional charges.

2                   ACCOUNTS

(a)               To submit an Order and/or to purchase a Ticket, you may be required to sign-up, register and receive an account through the Website (an Account).

(b)               As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.

(c)                You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.

(d)               Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account. We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.

3                   EVENTS

3.1               EVENT INCLUSIONS

(a)               At the time of placing an Order, you will have the opportunity to review the inclusions/exclusions of your Ticket. Your Ticket will only include access to those inclusions as set out on our Website at the time of placing an Order. A particular Ticket may include access to one or several days of an Event along with certain live experiences and access to entertainment curated to a specific theme.

(b)               Travel, accommodation and meals (unless otherwise specified in writing, for example as part of an included dinner & drinks package) are not included in your Ticket. You are responsible for organising your travel to and from the Event location, accommodation, and food & beverages.

3.2               event variations

(a)               We reserve the right, at any time, to vary:

(i)                 the schedule of the Event, including the advertised programs, featured artists, themes, attendees, activities, content presented at the Event, venue(s), seating arrangements and any other ticket categories;

(ii)                and/or restrict access to any Attraction or the Event itself, without prior notice due to safety, operational or other unforeseen circumstance; and

(iii)               the date of the Event or any other part of the Event.

(b)               If a specific performer or experience is unavailable, we will endeavour to replace that performer or experience with a similar one, however we make no guarantees in this regard. You acknowledge and agree that in booking a Ticket, you understand and accept the risk that one or more of the advertised performers and/or experiences may be unavailable to present at the Event for any reason.

(c)                To the extent permitted by law, where we cancel or vary an Event, we will not be liable for any other loss, damage, charge or expense (including special, incidental or consequential) incurred by you as a result of such cancellation or variation including without limitation the costs of any travel or accommodation. You incur such expenses at your own risk.

3.3               In-Event Experiences

(a)               An Event may include access to various immersive experiences and Attractions (the Attractions), entirely at our discretion.

(b)               A Ticket does not include any additional entitlements to performers content beyond access to the Attraction at the Event.

(c)                We will provide you with an Event outline prior to or at the start of an Event. It is your responsibility to attend the Attractions at the scheduled time and location, and we will not be responsible or liable for your failure to do so.

(d)               A particular Event may include access to more than one Attraction at the Event location, at which one or more Attraction may be happening at the same time. It is your responsibility to determine which Attraction to attend, and in purchasing a Ticket you acknowledge and agree that you will not receive any additional entitlements (such as a digital recording) in relation to any Attraction you are unable to attend.

3.4               ATTENDEE CONDITIONS

(a)               You may be denied entry into the Event, or removed from the Event if you fail to follow these terms or where we have reasonable grounds to do so including (without limitation) where we believe that you have engaged in any illegal or disruptive activities, you are intoxicated, under the influence of illicit substances, represent a security risk, or have acted in a manner which affects the enjoyment of the other attendees at the Event or the public. If you are removed or denied entry from the Event you will not be entitled to any refund.

(b)               Costumes are permitted, however, imitation weapons, full-face masks, and full-face paint are strictly prohibited. We reserve the right to refuse entry to anyone found in possession of dangerous, illegal, or prohibited items.

(c)                Attendees are prohibited from carrying items on their person including but not limited to:

(i)                 Weapons of any kind (real or imitation).

(ii)                Drugs or illegal substances.

(iii)               Opened liquid containers.

(iv)               Alcohol (no outside alcohol may be brought into the event).

(v)                Aerosols, including deodorants and sprays.

(vi)               Laser pens.

(vii)              Fireworks, flares, or any pyrotechnics.

(viii)             Professional photography or filming equipment (unless prior written consent has been obtained from Nick Doherty Productions LTD.).

(d)               You acknowledge at all times you are solely responsible and liable for your own behaviour and wellbeing.

(e)               All unauthorised photography and/or recording or transmitting of audio or visual matter is expressly prohibited at the Event. For the avoidance of doubt, you may take general photos or videos for non-commercial purposes for sharing on social media platforms such as Facebook, Twitter or Instagram outside of the spaces in which the Attractions take place. These digital images must be of a general nature, depicting the event and/or general theme.

(f)                 The Ticket is also subject to any additional terms and conditions of the owner or licensor of the venue. Admission to the Event is subject to any of the venue conditions. You agree to comply with all reasonable instructions issued by us or by the owner or licensor of the venue.

(g)               You may be required to submit to a search of yourself and/or possessions before entering the Event.

(h)               As part of the Event, we may serve alcohol. We do not condone excessive or binge drinking. We promote responsible drinking of alcohol. You must always abide by national laws regarding lawful drinking practices. We strongly advise that you do not drive after the consumption of alcohol at the Event and we do not accept any responsibility for such conduct. We reserve the right to refuse to serve you alcohol without notice.

3.5               GIFT BAGS

(a)               You acknowledge and agree that while we may provide complementary gift bags, items, or samples as part of an Event, we are not obliged to do so. If we do decide to offer any such complementary gift bags, we make no guarantees as to its contents.

(b)               Any such complementary products provided by us only have the benefit of any warranty given, and insurance held, by the manufacturer.

4                   cancellations

4.1               CANCELLATION BY YOU

(a)               We do not offer refunds for change-of-mind cancellations.

(b)               To the maximum extent permitted under the Consumer Rights Act 2015, any fees paid or due in accordance with this agreement are non-refundable as a result of cancellation by you. This includes cancellation by you for reasons beyond your control.

(c)                Non-attendance of any Event or part of an Event by you for any reason does not provide the right to refund or for you to reschedule your Ticket to a later Event.

4.2               CANCELLATIONS BY US

(a)               Other than in circumstances where we cancel under clause 22, if your Ticket or an Event is cancelled:

(i)                 we will not be in breach of these terms & conditions by virtue of the cancellation; and

(ii)                we will notify you and provide you with a full refund of any fees paid for such Ticket or Event or offer you an exchange for an alternative Event or credit (if we consider this possible).

5                   DISCLAIMERS

(a)               You acknowledge and agree that your use of the Services (including relevantly your participation and attendance at an Event) is at your own risk. We provide the Services and each Event on an “as-is” basis and whilst every effort is made to ensure the information provided through the Services is accurate, we make no representations and give no warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of anything contained in the Services and each Event for any purpose.

(b)               To the maximum extent permitted by law, the Services and each Event are provided without any warranties, representations, or conditions of any kind, whether express, implied or statutory. You acknowledge and agree that:

(i)                 we are not responsible for any information provided through the Services and each Event;

(ii)                you are solely responsible for your decision to participate in the event and the Attractions along with any impact of that participation;

(iii)               you are solely responsible for your behaviour and wellbeing at the Services and each Event; and

(iv)               we do not guarantee any specific results.

(c)                You acknowledge and agree that any information made available in connection with the Services is general in nature and portrayed for the purposes of entertainment. It does not constitute medical, legal, financial, business or any other type of advice. Information provided during the provision of the Services and each Event by us and our associated companies, staff, performers and volunteers is for entertainment purposes only.

(d)               The Services including the Attractions may contain imagery, and immersive experiences which may be considered intense, frightening and/or psychologically disturbing, and as a result Nick Doherty Productions LTD does not recommend attendance by people under the age of 16. We will not be responsible for any decisions that you make to participate in the Services on behalf of yourself, or those under the age of 16, nor any loss, damage, charge or expense (including special, incidental or consequential) that may arise out of any decision made by you at any time.

(e)               A parent or guardian granted access to the Services with a child under the age of 16 is admitted to the event is deemed to accept responsibility for that child’s welfare during and after the event. We will not be responsible for any decisions that you make to participate in the Services, nor any loss, damage, charge or expense (including special, incidental or consequential) that may arise out of any decision made by you or any minors at any time.

(f)                 Nothing on the Website or any of the Services is a promise or guarantee of results or outcomes. Any information given is for illustrative purposes only. You understand that because of the nature and extent of the Services, the results experienced by each person may significantly vary.

(g)               Any testimonials and examples within any marketing materials are not to be taken as a guarantee that you will have the same or similar experience.

6                   PAYMENT

(a)               All prices are:

(i)                 per ticket (except where otherwise indicated);

(ii)                in British Pounds (except where otherwise indicated); and

(iii)               subject to change prior to you completing an Order without notice.

(b)               (Payment obligations) Unless otherwise agreed in writing, you must pay for all Services at the time of placing an Order.

(c)                (VAT) Unless otherwise indicated, amounts stated in an Order do not include VAT. In relation to any VAT payable for a taxable supply by us, you must pay the VAT subject to us including that amount in the Order, or otherwise providing a tax invoice.

(d)               (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Services, including Stripe.com. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or Attraction of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. payyo.co.uk’s terms of use are available here: https://www.payyo.co.uk/footer_pages/terms-conditions/. These terms and conditions are also binding on you.

(e)               (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

7                   INTELLECTUAL PROPERTY

You acknowledge and agree that:

(a)               we (or the relevant licensor or performer) own all rights, title and interest in and to all material associated with an Event (including any material developed during the course of providing you with the Services and the Intellectual Property contained therein), such as the content of Attractions (Materials); and

(b)               you will not copy, reproduce, alter, modify, create derivative works, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the Materials except with our prior written permission or the relevant third party authorised to grant such permission and when doing so you must adequately acknowledge us or the relevant third party.

For the purposes of this clause 7, “Intellectual Property” means all intellectual property rights, including without limitation inventions, patents, copyright, trademarks, know-how, processes, concepts, and any application or right to apply for registration of any of the these rights throughout the world whether registered or unregistered and whether developed before or after the date of these terms.

8                   Photos & Filming Consent

You acknowledge and agree that we (or an authorised agent of ours) may take photos and/or videos of you in connection with the provision of the Services (including your participation or attendance at an Event).

You authorise and consent to us using any photograph or video of you taken during the provision of the Services including relevantly any Event, for any purpose including for promotional and marketing purposes of future events. You warrant that you have the permission of all attendees who you arrange to attend the Event to take and use such photos and videos.

9                   THIRD PARTY SUPPLIERS

(a)               We may do any of the following:

(i)                 outsource any part of performing any services related to providing the Services; or

(ii)                procure materials and products from third party suppliers,

without further notice to or permission from you.

(b)               To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.

10                Third party PERFORMERS and providers

To the extent permitted by law, neither we nor any of our directors or employees are liable in in contract, tort (including negligence) or otherwise for any loss, damage, delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party presenters or providers over whom we have no direct control. This includes without limitation the provider of any venue or catering.

Where information or other materials (including food or drink items) is provided by a third party performer or provider:

(a)               such information or other materials is not endorsed by us in anyway (except where we otherwise expressly advise);

(b)               we do not take steps to verify the accuracy, completeness or otherwise of such information or other materials and as such provide no warranty or representations of such information or other materials;

(c)                we are not responsible for any such information or other materials;

(d)               with respect to food or drink items:

(i)                 actual nutrient values, information and serving sizes labelled on the items are provided by a third party unrelated to us and we are not liable for such;

(ii)                information provided by a third party is approximate and intended to be used as a guide only;

(iii)               we do not guarantee that any food or drink is safe to consume, and you consume such at your own risk; and

(iv)               no allergen or nutritional information provided by a third party should ever be considered a guarantee, and we will not be liable for any loss or damage arising in connection with adverse reactions to food or drink consumed or other items you may come into contact with in connection with the Services.

Part B              For When You Browse This Website…

11                ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

12                YOUR OBLIGATIONS

You must not:

(a)               copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Nick Doherty Productions LTD;

(b)               use the Website for any purpose other than the purposes of browsing, selecting or purchasing Tickets;

(c)                use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d)               use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e)               use the Website with the assistance of any automated scripting tool or software;

(f)                 act in a way that may diminish or adversely impact the reputation of Nick Doherty Productions LTD, including by linking to the Website on any other website; and

(g)               attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i)                 gaining unauthorised access to Website accounts or data;

(ii)                scanning, probing or testing the Website for security vulnerabilities;

(iii)               overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

(iv)               instigate or participate in a denial-of-service attack against the Website.

13                INFORMATION ON THE WEBSITE

(a)               While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(i)                 the Website will be free from errors or defects (or both, as the case may be);

(ii)                the Website will be accessible at all times;

(iii)               messages sent through the Website will be delivered promptly, or delivered at all;

(iv)               information you receive or supply through the Website will be secure or confidential; and

(v)                any information provided through the Website is accurate or true.

(b)               We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

14                INTELLECTUAL PROPERTY

(a)               Nick Doherty Productions LTD retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b)               You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Nick Doherty Productions LTD or as permitted by law.

(c)                In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in the United Kingdom and throughout the world.

15                THIRD PARTY TERMS AND CONDITIONS

(a)               You acknowledge and agrees that third party terms & conditions (Third Party Terms) may apply.

(b)               You agree to any Third Party Terms applicable to any third party goods and services, and Nick Doherty Productions LTD will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

16                LINKS TO OTHER WEBSITES

(a)               The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(b)               Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

17                THIRD PARTY PLATFORM

(a)               This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.

(b)               To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

18                SECURITY

Nick Doherty Productions LTD does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

19                REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

Part C              Liability And Other Legal Terms…

20                WARRANTIES

(a)               To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

(b)               Nothing in these terms or any Order will exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.

(c)                To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms or an Order, including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause will be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions will remain in full force and effect.

21                LIABILITY

(a)               (Limitation of liability) To the maximum extent permitted by applicable law, the maximum aggregate liability of us to you in respect of loss or damage sustained by you under or in connection with this agreement is limited to the total Fees paid to us by you in respect of the Event giving rise to the relevant liability.

(b)               (Indemnity) You agree at all times to indemnify and hold us harmless and our officers, employees, agents and contractors (“those indemnified”) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by you or your officers’, employees’, agents’ or contractors’:

(i)                 breach of any term of this agreement;

(ii)                use of the Website; or

(iii)               negligent, fraudulent or criminal act or omission.

(c)                (Consequential loss) To the maximum extent permitted by law, under no circumstances will Nick Doherty Productions LTD be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Nick Doherty Productions LTD (except to the extent this liability cannot be excluded under law.

22                FORCE MAJEURE

(a)               We will not be liable for any delay or failure to perform our obligations under this agreement if such delay or failure arises out of a Force Majeure Event.

(b)               If a Force Majeure Event occurs, we must use reasonable endeavours to notify you of:

(i)                 reasonable details of the Force Majeure Event; and

(ii)                so far as is known, the probable extent to which we will be unable to perform or be delayed in performing its obligations under this agreement.

(c)                Subject to compliance with clause 22(b), our relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

(d)               For the purposes of this agreement, a ‘Force Majeure Event’ means any:

(i)                 act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;

(ii)                strikes or other industrial action outside of our control;

(iii)               war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or

(iv)               any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond our reasonable control, to the extent it affects our ability to perform its obligations.

23                DISPUTE RESOLUTION

(a)               A party claiming that a dispute has arisen under or in connection with these terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory injunction, unless that party has complied with the requirements of this clause.

(b)               A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

(c)                Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

24                CONFLICT

(a)               In the event of any conflict between these terms and the ticket policy linked to here these terms will take precedence

25                GENERAL

25.1            GOVERNING LAW AND JURISDICTION

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

25.2            WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

25.3            SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

25.4            JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

25.5            ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

25.6            COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

25.7            ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

25.8            NOTICES

(a)               A notice or other communication to a party under this agreement must be:

(i)                 in writing and in English; and

(ii)                delivered via email to the other party, to the email address specified on our Website, or if no email address is specified on our Website, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(b)               Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i)                 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii)                when replied to by the other party,

whichever is earlier.

25.9            INTERPRETATION

(a)               (singular and plural) words in the singular includes the plural (and vice versa);

(b)               (currency) a reference to £, or “pound”, is to pound sterling (GBP), unless otherwise agreed in writing, and a reference to “$” or “dollar” is to USD, unless otherwise agreed in writing;

(c)                (gender) words indicating a gender includes the corresponding words of any other gender;

(d)               (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e)               (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f)                 (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g)               (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(h)               (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(i)                 (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j)                 (includes) the word “includes” and similar words in any form is not a word of limitation; and

(k)                (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.