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Tacchi-Morris Arts Centre

Terms and Conditions

BACKGROUND:

This agreement applies as between you, the User of this WebSite and Tacchi Morris, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree tobe bound by these Terms and Conditions, you should stop using the Web Siteimmediately.

No part of this Web Site is intended to constitute acontractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of thatoffer is deemed to occur upon our sending a dispatch email to you indicatingthat your order has been fulfilled and is on its way to you.

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

"Account"

means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;

"Content"

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

"Tacchi Morris"

means Tacchi Morris;

"Service"

means collectively any online facilities, tools, services or information that Tacchi Morris makes available through the Web Site either now or in the future;

"Services"

means the services available to you through this Web Site;

"Payment Information"

means any details required for the purchase of Services from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

"Purchase Information"

means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;

"Premises"

Means our place(s) of business located at ;

"System"

means any online communications infrastructure that Tacchi Morris makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

"User" / "Users"

means any third party that accesses the Web Site and is not employed by Tacchi Morris and acting in the course of their employment; and

"Web Site"

means the website that you are currently using (http://www.tacchi-morris.com/) and any sub-domains of this site (e.g. subdomain.http://www.tacchi-morris.com/) unless expressly excluded by their own terms and conditions.

Age Restrictions

Persons under the age of 18 should use this Web Site only withthe supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

Intellectual Property

4.1 Subject to the exceptions in Clause 5 of theseTerms and Conditions, all Content included on the Web Site, unless uploaded byUsers, including, but not limited to, text, graphics, logos, icons, images,sound clips, video clips, data compilations, page layout, underlying code andsoftware is the property of Tacchi Morris, our affiliates or other relevant third parties. By continuing to use the Web Site youacknowledge that such material is protected by applicable United Kingdomand International intellectual property and other laws.

4.2 Subject to Clause 6 you may not reproduce, copy,distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Tacchi Morris.

5. Third Party IntellectualProperty

5.1 Unless otherwise expressly indicated, allIntellectual Property rights including, but not limited to, Copyright andTrademarks, in product images and descriptions belong to the manufacturers ordistributors of such products as may be applicable.

5.2 Subject to Clause 6 you may not reproduce, copy,distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do soby the relevant manufacturer or supplier.

Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the CopyrightDesigns and Patents Act 1988 apply.

Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are notunder the control of Tacchi Morris or that of our affiliates. We assume no responsibility for the content of such web sites anddisclaim liability for any and all forms of loss or damage arising out of theuse of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sitesthemselves or of those in control of them.

Links to this Web Site

Those wishing to place a link to this Web Site on other sitesmay do so only to the home page of the site http://www.tacchi-morris.com/ without prior permission. Deep linking (i.e. links to specific pageswithin the site) requires the express permission of Tacchi Morris. To find out more pleasecontact us by email at boxoffice@tacchi-morris.com or by post to .

Use of Communications Facilities

9.1 When using the enquiry form or any other Systemon the Web Site you should do so in accordance with the following rules:

9.1.1 Youmust not use obscene or vulgar language;

9.1.2 Youmust not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Contentthat is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

9.1.3 Youmust not submit Content that is intended to promote or incite violence;

9.1.4 Itis advised that submissions are made using the English language as we may be unable to respond to enquiries submittedin any other languages;

9.1.5 Themeans by which you identify yourself must not violate these terms of use or anyapplicable laws;

9.1.6 Youmust not impersonate other people, particularly employees and representativesof Tacchi Morris or our affiliates; and

9.1.7 Youmust not use our System for unauthorised mass-communication such as "spam" or"junk mail".

9.2 You acknowledge that Tacchi Morris reserves the right to monitor any and all communications madeto us or using our System.

Accounts

10.1 In order to procure Services on this Web Site you are required to create an Account which willcontain certain personal details and Payment Information which may vary basedupon your use of the Web Site as we may not require payment information untilyou wish to make a purchase. Bycontinuing to use this Web Site yourepresent and warrant that:

10.1.1 allinformation you submit is accurate and truthful;

10.1.2 you havepermission to submit Payment Information where permission may be required; and

10.1.3 you willkeep this information accurate and up-to-date.

Your creation of an Account is further affirmation of yourrepresentation and warranty.

10.2 It is recommended that you do not share yourAccount details, particularly your username and password. Tacchi Morris accepts no liability for any losses or damages incurred as aresult of your Account details being shared by you. If you use a shared computer, it isrecommended that you do not save your Account details in your internet browser.

10.3 If you have reason to believe that your Accountdetails have been obtained by another without consent, you should contact Tacchi Morris immediately to suspend your Account and cancel any unauthorisedorders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provisionof Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of theunauthorised nature of the order or payment, [Tacchi Morris accepts no liability or responsibility and you should makecontact with the third party service provider detailed in the PurchaseInformation] OR [Tacchi Morris will suspend provision of Services and the withdrawal of anyscheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancelthe Services and make a full or partial refund of the payment].

10.4 When choosing your username you are required toadhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion ofyour Account.

Termination and Cancellation

11.1 Either Tacchi Morris or you may terminate your Account. If Tacchi Morris terminates your Account, you will be notified by email and anexplanation for the termination will be provided. Notwithstanding the foregoing, we reserve theright to terminate without giving reasons.

11.2 If Tacchi Morris terminates your Account, any current or pending orders or payments on your Account may be cancelled and provision of Services may not commence.

11.3 Tacchi Morrisreserves the right to cancel orders or payments without stating reasons, forany reason prior to processing payment or commencing Services provision.

11.4 If orders or payments are cancelled for any reasonprior to commencement of Services provision you will be refunded any moniespaid in relation to those purchases.

11.5 If you terminate your Account any non-completed ordersor payments will be cancelled and you will be refunded any monies paid inrelation to those orders.

Services, Pricing and Availability

12.1 Whilst every effort has been made to ensure thatall descriptions of Services available from Tacchi Morriscorrespond to the actual Services, Tacchi Morrisis not responsible for any variations from these descriptions. This does not exclude our liability formistakes due to negligence on our part and refers only to variations of the correctServices, not different Services altogether. Please refer to sub-Clause 13.4 for incorrect Services.

12.2 Where appropriate, you may be required to select the required  Services.

12.3 Tacchi Morrisdoes not represent or warrant that such Services will be available. Availability indications are provided on the Web Site.

12.4 All pricing information on the Web Site iscorrect at the time of going online. Tacchi Morrisreserves the right to change prices and alter or remove any special offers fromtime to time and as necessary.

12.5 In the event that prices are changed during theperiod between an order being placed for Services and Tacchi Morris processing that order and taking payment, [you will becontacted prior to your order being processed with details of the new price] OR[provision of Services shall commence as per your order and you will be chargedthe original price].

12.6 All prices on the Web Site do include VAT.

Provision of Services

13.1 Provision of Services shall commence when fullpayment has been received or as otherwise detailed in the Terms &Conditions pertaining directly to those Services.

13.2 Tacchi Morris shall use its best endeavours to provide the Services withreasonable skill and care.

13.3 Provision of all Services shall be subject tothe terms and conditions pertaining directly to those Services.

13.4 In the event that Services are provided that arenot in conformity with your order and thus incorrect, you should contact uswithin 10 days to inform us of the mistake. Tacchi Morris will ensure that any necessary corrections to the Servicesprovided are made within 7 working days.

13.5 Tacchi Morris reserves the right to exercise discretion with respect to anyalterations to Services under the provisions of this Clause 13. Factors which may be taken into account inthe exercise of this discretion include, but are not limited to:

13.5.1 Anyuse or enjoyment that you may have already derived from the Services;

13.5.2 Anycharacteristics of the Services which may mean that cessation of provision isimpossible without significant further work on the part and at the expense of Tacchi Morris.

Such discretion to be exercised only within the confines ofthe law.

Privacy

Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms andconditions by this reference. To viewthe Privacy Policy, please click on the link above.

Disclaimers

15.1 Tacchi Morris makes no warranty or representation that the Web Site will meetyour requirements, that it will be of satisfactory quality, that it will be fitfor a particular purpose, that it will not infringe the rights of thirdparties, that it will be compatible with all systems, that it will be secureand that all information provided will be accurate. We make no guarantee of anyspecific results from the use of our Service or Services.

15.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied uponwhen making any decisions or taking any action of any kind.

15.3 No part of this Web Site is intended toconstitute a contractual offer capable of acceptance.

Changes to the Service and these Terms andConditions

Tacchi Morris reserves the right to change the Web Site, its Content or theseTerms and Conditions at any time. Youwill be bound by any changes to the Terms and Conditions from the first timeyou use the Web Site following the changes. If Tacchi Morris is required to make any changes to Terms and Conditions by law,these changes will apply automatically to any orders currently pending in additionto any orders placed by you in the future.

Availability of the Web Site

The Service is provided "as is" and on an "as available"basis. We give no warranty that theService will be free of defects and / or faults. To the maximum extent permitted by law weprovide no warranties (express or implied) of fitness for a particular purpose,accuracy of information, compatibility and satisfactory quality.

Tacchi Morris accepts no liability for any disruption or non-availability ofthe Web Site resulting from external causes including, but not limited to, ISPequipment failure, host equipment failure, communications network failure,power failure, natural events, acts of war or legal restrictions and censorship.

Limitation of Liability

18.1 To the maximum extent permitted by law, Tacchi Morris accepts no liability for any direct or indirect loss or damage,foreseeable or otherwise, including any indirect, consequential, special orexemplary damages arising from the use of the Web Site or any informationcontained therein. Users should be aware that they use the Web Site and itsContent at their own risk.

18.2 Nothing in these Terms and Conditions excludesor restricts Tacchi Morris's liability for death or personal injury resulting from any negligenceor fraud on the part of Tacchi Morris.

18.3 Nothing in these Terms and Conditions excludes or restricts Tacchi Morris's liability for any direct or indirect loss or damage arisingout of the incorrect provision of Services or out of reliance on incorrectinformation included on the Web Site.

18.4 Whilst every effort has been made to ensure thatthese terms and conditions adhere strictly with the relevant provisions of theUnfair Contract Terms Act 1977, in the event that any of these terms are foundto be unlawful, invalid or otherwise unenforceable, that term is to be deemedsevered from these terms and conditions and shall not affect the validity andenforceability of the remaining terms and conditions. This term shall apply only within jurisdictionswhere a particular term is illegal.

No Waiver

In the event that any party to these Terms and Conditionsfails to exercise any right or remedy contained herein, this shall not beconstrued as a waiver of that right or remedy.

Previous Terms and Conditions

In the event of any conflict between these Terms andConditions and any prior versions thereof, the provisions of these Terms andConditions shall prevail unless it is expressly stated otherwise.

Notices

All notices / communications shall be given to us either bypost to our Premises (see address above) or by email to boxoffice@tacchi-morris.com. Such notice will be deemed received 3 days after posting if sent byfirst class post, the day of sending if the email is received in full on abusiness day and on the next business day if the email is sent on a weekend orpublic holiday.

Law and Jurisdiction

These terms and conditions and the relationship between youand Tacchi Morris shall be governed by and construed in accordance with the Lawof England and Wales and Tacchi Morris and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.