TERMS AND CONDITIONS FOR VISITORS
This website www.nimaxtheatres.com (“the Site”) is owned and operated by NIMAX THEATRES LIMITED (“us”, “our” or “we”) which is a limited liability company incorporated in England and Wales with Registered Number 05493237 and whose Registered Office is at 11 Maiden Lane, London WC2E 7NA.
Our VAT number is: 125 447 716
This document is only available in English.
The following constitutes a legal agreement between a visitor to our Site (“you”) and us with respect to our website service, the terms of which are set out below. By checking the box indicating your acceptance of this Agreement, you represent that you have read, understood and agree to be bound by this Agreement. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box and do not attempt to access the Site.
Our Site is established to enable you to have information about theatres owned by us and theatrical productions taking place in our theatres, as well as events, special offers and services. It also enables you to choose and purchase tickets from us and/or our appointed ticket agencies who handle some of our online ticket sales for the productions at our theatres.
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the details we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or to our entire Site.
Our website service permits you to seek and purchase tickets from this Site for theatrical productions and other events at our theatres and other venues. You may purchase these tickets which will be supplied strictly in accordance with our Ticketing Terms and Conditions. By using our Site to purchase tickets you agree to be bound by both these Site Terms and Conditions of Use and also our Ticketing Terms and Conditions.
3.1 We have the right to revise and amend these Terms and Conditions of Use from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
3.2 You will be subject to our Site Terms and Conditions of Use and to our Ticketing Terms and Conditions in force at the time that you order tickets from us or from our ticket agencies, unless we are required to make any changes to either or both of them by operation of law or governmental authority.
YOU AGREE that:-
4.1 it is your responsibility to provide accurate personal information (“Personal Data”) on any online form you submit to us and you agree to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us will be correct;
4.2 it is also your personal responsibility to provide accurate Personal Data in any request made by you for tickets to any theatrical production in any of our theatres. You undertake that all the details you provide to us for the purpose of purchasing tickets from us and for our sending (if so requested) your tickets to you are correct and that any credit card or debit card that you propose to use to pay for your tickets is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the purchase price in full. We will not store your credit card or debit card details anywhere on the Site;
4.3 it is your responsibility to maintain the confidentiality and security of your Personal Data especially your name. You will not allow others to use your name and you will notify us immediately of any unauthorised use of your name and you agree to indemnify and hold us harmless, for any improper, unauthorised or illegal uses of the same;
4.4 it is your responsibility to ensure that your email address and Personal Data are current so that you should notify us by email at general@nimaxtheatres.com of any changes. We will only use your Personal Data in accordance with our Privacy Policy;
4.5 whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site);
4.6 you will not attempt, permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright;
4.7 variation in computer, browser and operation will create differences in visual layout and usability of the Site. We have taken considerable care to minimise these differences, but we cannot be held responsible for specific operational differences.
5.1 The computer, internet access and system operated by you and your ability to use the same may affect your ability to access our Site. You acknowledge and agree that any system requirements necessary to preview, and/or view and/or access our Site are your responsibility.
6.1 We reserve the right to suspend or terminate your access to the Site or parts of it at our sole discretion if we believe that you are in breach of any provision of this Agreement. If your access has been suspended or terminated you will not be permitted to re-access the Site without our prior consent.
6.2 You will only use the Site for the purposes referred to in this Agreement and you must not access the Site or use information gathered from it to send unsolicited e-mails.
You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors’ or attorneys’ fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms and Conditions of Use of the Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.
8.1 You may not transfer or otherwise deal with your rights and/or obligations under these Terms and Conditions.
8.2 We may sub-contract, transfer or otherwise deal with our rights and/or obligations under these Terms and Conditions in whole or in part.
We sell tickets online from this Site for all of the theatrical productions and events detailed on this Site, and the conditions imposed by us under which you may use such tickets purchased online from this Site and/or from the theatre’s box office are set out here and form part of this Agreement.
10.1 We have the right to withdraw any theatrical production, event or service and to remove all reference to the same from the Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such withdrawal;
10.2 It is always possible that despite our best efforts some of the information on our Site may be incorrect. We shall not be responsible to you for damages or otherwise in respect of any error made to any listing of or reference to our theatrical productions, events or services;
10.3 We will not be liable for errors or omissions on the Site nor for loss or damage suffered by you as a result of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data;
10.4 We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon the Site;
10.5 The Site is provided “as is” and you acknowledge that despite our reasonable endeavours the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by e-mail to general@nimaxtheatres.com;
10.6 We reserve the right at any time and from time to time to modify the Site, or any part thereof, or to discontinue the same temporarily or permanently without notice to you and without any liability to you or to any third party;
10.7 We reserve the right to deactivate your Email registration with us if it has not been active for a period of 18 months or more, and to remove it from the database if no communication has been received from you for a further 18 months after deactivation has occurred;
10.8 It is the responsibility of third parties on this Site to ensure that any content submitted by them for inclusion on the Site complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such content;
10.9 Links to any third party websites on the Site are provided solely for your convenience. If you use these links, you leave this Site. We have not reviewed all of these third party websites and do not control and are not responsible for any third party websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk;
10.10 We welcome ‘hot links’ to the Site, but not ‘deep linking’ by which we mean that you may not include a link to our Site, or display the contents of our Site, surrounded or framed or otherwise surrounded by content not originating from us without our consent. Any unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and may result in the termination of this Agreement or other remedies as set out in this Agreement ^
10.11 If you choose to access the website of ^ any third party websites, these are sites beyond our control, and you do so at your own risk. You agree that any use of such third party website will be subject to your acceptance of the third party’s terms and conditions;
10.12 If you purchase from any website linked to our Site (including that of ^ any theatre tickets for theatrical productions or events at any of our theatres or our services of any kind you will be contracting directly with a third party seller and not with NIMAX THEATRES LIMITED or any of our subsidiaries or affiliates. All purchases made via such third party website will be subject to that third party website’s terms and conditions. You agree that any transactions, dealings or arrangements (including without limitation buying any theatre tickets, or services) you carry out on any third party site shall be direct with such third party (on the terms and conditions (if any) of such third party) and not with us. You agree that we are not liable in any way in relation to such transactions, dealings or arrangements which are at your own risk and responsibility;
10.13 From time to time third parties may link to our Site without our express consent or knowledge. We are not responsible in any way for any dealings which you may have with these unauthorised sites or for any content which may be displayed or linked to by these third parties. If you do come across any link which is or may be offensive or otherwise unsuitable or inappropriate to us or our visitors please let us know by contacting general@nimaxtheatres.com.
Any information on the Site relating to the hire of any venue through us is for general information only and may not be accurate, complete or up to date. It is not possible to make a booking for the hire of any venue via the Site without going through our venue hire booking process. The hiring of any venue will be subject to additional terms and conditions which will be provided as part of the venue booking process.
12.1 All intellectual property content on the Site including, without limitation trademarks, button icons, logos, text, graphics, photographs and images (“Site Content”) is owned by us or licensed to us and is protected by international copyright laws. Your use of them is governed by this Agreement, certain end-user licence agreements, and applicable law.
12.2 You will infringe our rights if you copy or reproduce any part of the Site save for:
12.2.1 a temporary copy of any part of the Site which is automatically made or retained by your browser as you browse the Site; or
12.2.2 you printing out a copy of these Terms and Conditions of Use and our Ticketing Terms and Conditions which we would request you to do; or
12.2.3 you printing out any pages from the Site as a record of any purchase of tickets you have made from it; or
12.2.4 your own personal use provided that:
12.2.4.1 no documents or related photographs, graphics or images on the Site are modified in any way;
12.2.4.2 no photographs, graphics or images on the Site are used separately from the corresponding text; and
12.2.4.3 our copyright and trade mark notices and this permission notice appear in all copies. Other than for the above four exceptions you must not copy the intellectual property in question for any purpose.
12.3 For the purposes of this Clause 13 “copy” and “copying” shall include non-literal copying as well as the copying of the structure and form of the Site and any elements within it.
13.1 While we endeavour to ensure that the Site Content is correct, we do not warrant the accuracy and completeness of any information on the Site. Commentary and information is not intended to amount to advice and you should not rely on it without seeking independent advice to meet your requirements or circumstances. We may make changes to the Site content at any time without notice. The Site Content may be out of date, and we make no commitment to update such material.
13.2 We will exercise reasonable skill and care in providing the Site and some Site Content is provided by third parties. We do not guarantee or accept any responsibility for the accuracy, completeness, currency or reliability of any Site Content.
13.3 You understand and agree that your use of the Site is at your own sole risk. The Site is provided “as is” and without warranty by us, and, to the maximum extent allowed by applicable law we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.
13.4 To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed ten pounds (£10).
13.5 We make no warranty that any particular device or software you use will be compatible with this Site. It is your sole responsibility to ensure that your system(s) will function correctly with this Site.
13.6 Under no circumstances shall we be liable for any unauthorised use of the Site or any unlawful use you make of theatre tickets purchased from us or our ticket agencies.
13.7 Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use the Site, even if we have been advised of the possibility of such damages.
This Agreement is only for the benefit of you and us and no other person can claim a benefit from this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to this Agreement.
This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. English Law governs this Agreement and your use of the Site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site.
You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the Site. You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and your continued use of the Site after such a change will constitute your acceptance of the changes. By clicking the accept button you acknowledge that you have read, understood and agree to be bound by the Terms and Conditions of this Agreement, and you acknowledge that your personal data will be used by us in accordance with our Privacy Policy both of which are available from every page of our website www.nimaxtheatres.com