OFF THE GROUND THEATRE

Terms And Conditions

TERMS OF SERVICE

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OVERVIEW

This website is operated by Off the Ground Theatre. Throughout the site, the terms “we”, “us” and “our” refer to Off the Ground Theatre. Off the Ground Theatre 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.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and 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 store 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.

Our store is hosted on Wix. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

A contract is formed for the purchase of ticket(s) as soon as we have received your payment. This contract expires immediately at the end of the performance of the event for which the ticket was purchased. All purchases are subject to payment card verification, unless paid in cash. We reserve the right to conduct further security checks. Your transaction may be cancelled if it does not pass our verification processes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 1A - TICKET TERMS AND RESTRICTIONS

All tickets are sold subject to availability. Purchase of a ticket constitutes agreement to the Terms and Conditions.

A valid ticket must be produced to gain access to an event.

We will not be responsible for any ticket that is lost, stolen or destroyed. If you have an issue with a lost, stolen or destroyed ticket please contact one of our team for assistance at admin@offtheground.co.uk.

Issuance of tickets will be via e-ticket for all outdoor theatre performances. Where available, we will arrange ticket delivery or collection from the box office of the relevant venue.

If a ticket has been altered or defaced we reserve the right to refuse entry to an event. No refund will be given. If you have any issues with a defaced or altered ticket, please contact one of our team at admin@offtheground.co.uk.

Any accessibility or special requirements must be discussed with Off the Ground Theatre prior to a performance. While every effort is made to accommodate all guests, the nature of outdoor theatre means sometimes this is not possible. If you require special requirements or access, please contact one of our team at admin@offtheground.co.uk.

If replacement tickets are required due to fault on the part of Off the Ground Theatre, then these will be re-issued with sufficient explanation and former tickets which have been replaced will be void. If replacement tickets are required due to fault on the part of the guest or ticket buyer, then we will make every reasonable effort to assist in the replacement of the tickets. Please note, replacement tickets may not always be available. If you have issues and require a replacement ticket, please contact one of our team at admin@offtheground.co.uk.

Upon receipt of your tickets, please check the details for the correct performance, date and time, as mistakes may not be able to be rectified once a booking has been confirmed.

We reserve the right to ask for proof of identity for customers claiming concessionary or young person’s discounts. Failure to provide adequate proof of age may result in discounts being withdrawn.

Possession of a ticket does not confer any rights to the intellectual property, symbols, trademarks or logos appearing on the ticket.

Tickets may not be used for the purposes of advertising, promotions, contests or similar, unless formal permission is sought from Off the Ground Theatre prior to the purpose. Any use of Off the Ground Theatre logos or abbreviations is subject to approval.

Tickets delivered as print at home will be delivered as an e-ticket to the email address provided during booking process. Any issues with printing or presenting your ticket on the night will not be the responsibility of Off the Ground Theatre.

Failure to present a valid ticket at the performance will result in refused entry to the event.

Should you have any complaints or queries relating to bookings, please contact one of our team at admin@offtheground.co.uk.

Any ticket obtained that is found to have been obtained in breach of the Terms and Conditions here laid out shall be void. All rights conferred or implied through possession of said tickets are also void. Any person seeking to gain entry by means of a void ticket may be considered a trespasser and could be liable to be ejected and face legal action. Void tickets are non-refundable.

Tickets may be sold under restriction to a maximum number sold, or other certain restrictions on entry and use such as, but not limited to: obstructed view, minimum age for entry, accessible performances. Any restrictions will be clearly displayed on all promotional material relating to the event and on our website. It is your responsibility to ensure you read all restriction notifications listed. Off the Ground Theatre reserve the right to cancel or void tickets bought in violation of restrictions laid out.

By attending an event, ticket holders consent to filming and sound recording of themselves as members of an audience. We may use such recordings and film records (including copies made) without payment or license.

Ticket holders are not entitled to bring to performances promotional material, free or otherwise, unless with express permission of Off the Ground Theatre. Permission must be obtained prior to attendance at event.

Mobile phones must be set to silent or airplane mode prior to the start of a performance.

Alcohol consumption is governed by the rules and restrictions at the venue at which an event is attended. Off the Ground Theatre accept no responsibility for loss, damage to property or persons arising from the excess consumption of alcohol, or consumption of alcohol in breach of our venue’s own restrictions.

Smoking is not permitted in the vicinity of children. Smoking is not permitted as part of the audience group. If guests wish to smoke, they may seek advice from a cast, crew or venue staff member as to an appropriate place to do so.

Every effort will be made to accommodate latecomers to events. This may be at a suitable or pre-assigned break in the performance. This may be the interval. Late admission cannot be guaranteed.

Off the Ground Theatre reserve the right to alter or change these Terms and Conditions without prior approval or notice, by changing online.

SECTION 1B - EVENT TERMS

Where an event is cancelled or rescheduled prior to the performance date, every reasonable effort will be made by Off the Ground Theatre to contact ticket holders. Refunds or exchange of tickets will be arranged in the event of a cancelled performance prior to performance date.

Refunds and exchange of tickets are not given for ticket holders who fail to attend the event for which their ticket is booked.

Off the Ground Theatre reserves the right to cancel an event on the date of the event due to inclement weather or other serious circumstances, as laid out in ‘Force Majeure’.

Off the Ground Theatre will make every effort to complete a performance or event. We reserve the right to stop or delay an event up to one hour after the stated start time. If a show is cancelled on account of inclement weather conditions, this will be announced at the time of cancellation at the event.

In the event of cancellation or rescheduling of an event due to inclement weather, Off the Ground Theatre will make every reasonable effort to refund or exchange tickets.

In the case of an event being rescheduled ticket holders will have their tickets exchanged for the new event date. If ticket holders are unable to attend the new event date, they must contact one of our team to discuss alternatives. Off the Ground Theatre accept no responsibility for failure to attend rescheduled events unless ticket holders make contact to address the problem.

For all qualifying cancellations, the face value of a ticket holder’s ticket will be refunded. No consequential damages or costs will be refunded.

Off the Ground Theatre reserves the right to make changes to events up to one hour before the event start time. Any changes to events will be communicated to ticket holders in the first instance.

If a change to an event is made up to 24 hours prior to an event, Off the Ground Theatre accepts no responsibility for ticket holder’s failure acknowledge changes.

If a change to an event is made on the day of an event, Off the Ground Theatre will make every reasonable effort to receive confirmation of acknowledgement of said changes from ticket holders prior to the event.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 5A - REFUNDS/EXCHANGES

No refunds or exchanges will be issued in the event of a ticket holder failing to attend an event, owing to issues outside Off the Ground Theatre’s control.

If an event is cancelled or rescheduled due to changes made, or factors within the control of Off the Ground Theatre, full refund up to the face value of the ticket, or exchange of tickets, will be made available.

If an event is cancelled or rescheduled due to changes or factors outside the control of Off the Ground Theatre, we accept no responsibility or obligation to exchange or refund of tickets.  Exchange or refund may be possible and made available, up to the face value of the ticket, but this will be at the discretion of the production manager of the event from Off the Ground Theatre. All decisions will be communicated to ticket holders.

These Terms and Conditions do not and shall not affect your statutory rights as a consumer. For more information around your statutory rights contact Citizens Advice.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service 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.

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.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative 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.

SECTION 10 - PERSONAL INFORMATION

See the Off the Ground Privacy Policy, which can be found here. By agreeing to the Terms and Conditions, you are also agreeing to the terms of our Privacy Policy and to receipt of marketing material from us, our associates and affiliates.

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - 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.

SECTION 12 - 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 Service 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.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service 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 Off the Ground Theatre, 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.

Off the Ground Theatre accept no responsibility for arrangement, commencement or acknowledgement of personal arrangements to and from an event. These include, but are not limited to: travel, accommodation and hospitality.

Off the Ground Theatre accept no responsibility for damage to persons or property, or loss incurred as a result of personal arrangements to and from an event. These include, but are not limited to: travel, accommodation and hospitality.

Off the Ground Theatre will be held liable for injury, accident, loss, damage to persons or property incurred due to factors within Off the Ground Theatre’s control, only at and during the event. No responsibility will be accepted in the instance that injury, accident, loss, damage to persons or property occur owing to factors outside Off the Ground Theatre’s control.

Ticket holders must comply with all relevant health and safety notices, statuses, announcements and venue regulations whilst attending a performance.

Special effects may include, but are not limited to: audio visual, sound, pyrotechnic effects and lighting effects. Ticket holders concerned about any of these should contact one of our team at admin@offtheground.co.uk prior to the event.

Any complaints about an event or performance should be made promptly before, or immediately after, to one of our cast or crew.

Should any dispute arise out of these Terms and Conditions, we will attempt to settle it directly with you. We always seek to acknowledge customer correspondence within 7 days of receipt. We will aim to reach a settlement satisfactory to both parties within 28 days of initial correspondence, in good faith.

Should Off the Ground Theatre delay or fail to enforce anything laid out in these Terms and Conditions then we do not waive the right to do so.

If it is found by a court that any of these Terms and Conditions cannot be applied for any reason, it shall not prevent other provisions from applying.

SECTION 13A - FORCE MAJEURE

For the purposes of the Terms and Conditions, ‘Force Majeure’ means any cause beyond the control of Off the Ground Theatre, such as, but not limited to: acts of God, insurrection, war, civil disturbances, riots, flood, fire, explosion, acts of terrorism, theft, malicious damage, third party injunction, national defence requirements, acts of regulation, local government acts, strike, lock out, or weather. We will not be liable to ticket holders or guests for failing to perform any obligation under these Terms and Conditions to the extent that the failure is caused by Force Majeure.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Off the Ground Theatre 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.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

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).

SECTION 17 - 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 The Service constitutes the entire agreement and understanding between you and us 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.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Off the Ground Theatre, 4a Grange Road, West Kirby, WIRRAL, CH48 4DG, United Kingdom.

SECTION 19 - 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.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at admin@offtheground.co.uk.