The Small Print That Everyone Loves
Last updated: 15th May 2020
These terms and conditions are the contract between you and ScubaClick Ltd. (“us”, “we”, etc). By visiting or using Our Website, or signing up for our Services, you agree to be bound by them.
If you violate these terms, we may terminate your use of Our Website, bar you from future use of Our Website, cancel your Ticket order, and/or take appropriate legal action against you.
We are ScubaClick Ltd., a company registered in England, number 07571294. Our address is 75 Kings Road West, Swanage, Dorset, BH19 1HJ.
You are: Anyone who uses Our Website or buys from us.
These are the agreed terms:
- “Content” means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations.
- “Event” means an event for which Tickets are offered for sale on Our Website.
- “Our Website” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us or any member of the ScubaClick group of companies. It includes all web pages controlled by us.
- “Post” means place on or into Our Website any Content or material of any sort by any means.
- “Ticket” means any ticket sold or offered for sale by us on Our Website or access offered as a ticket to the event.
- “Services” means a service available from Our Website, whether free or charged.
2. Basis of Contract
2.1 In entering into this contract, you have not relied on any representation or information from any source except posted on Our Website.
2.2 You acknowledge that you understand exactly what is included in the price of a Ticket and you are satisfied that the Ticket you have selected is suitable and satisfactory for your requirements.
2.3 Unfortunately, we cannot guarantee that every Ticket advertised on Our Website is available. If at any time you pay for a Ticket which is not available, we will immediately refund any money you have paid.
2.4 When you buy a Ticket through us, the price you pay includes our service / handling charge.
2.5 We may change this agreement and / or the way we provide a Ticket, at any time. If we do:
2.5.1 the change will take effect when we post it on Our Website. You are advised to check this page from time to time.
2.5.2 if you make any payment for Tickets or Services in the future, you will do so under the terms posted on Our Website at that time.
2.6 When you buy a Ticket, in law you buy a personal licence to attend an Event. We may revoke that licence at any time. If that happens you are entitled only to the return of money paid.
2.7 To discourage unfair practices, we will not sell to you more than a maximum number of Tickets for an Event. That number varies from one Event to another and is specified on the page of Our Website describing that Event.
2.8 We may restrict sales to a maximum number of Tickets per person, per group or per credit card. If you buy a number which we regard as excessive, we may cancel some or all of the Tickets. We may do this without notifying you. If you wish to know whether your proposed purchase will be accepted, you should contact us via Our Website other.
2.9 You may not resell any Ticket. If you do, or attempt to do so, we are entitled to cancel all your Tickets without compensating you.
3. Additional terms
3.1 Breach of these terms and conditions will entitle us to cancel your licence to attend the Event. You may then be ejected from the Event venue. You may also be ejected from the venue for unacceptable behaviour.
3.2 We shall not exchange a Ticket, nor refund money for a Ticket which has been lost, stolen, damaged or destroyed Tickets. When you receive your Tickets, keep them safely and out of direct heat or strong sunlight.
3.3 If you wish to combine one or more Tickets with the provisions of other services such as hospitality or accommodation or transport and resell the services as a package, you may do so only with our written permission. This applies also to any other disposal of the package, for example as a promotion or reward.
3.4 You may not use a Ticket for any commercial purpose without our permission.
3.5 We may change the programme for an event / concert/ other for circumstances beyond our reasonable control.
3.6 You must not use photographic or recording equipment without prior consent from us written/ expressly allowed at the time of Event. If you do, you accept that we may destroy the media on which they are made or recorded.
3.7 We accept no responsibility for your personal property.
4. Your account and personal information
4.1 When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
4.2 You agree that you have provided accurate, up to date, and complete information about you. We are not responsible for any error made as a result of such information being inaccurate.
4.3 You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
5. The price, payment and delivery
5.1 The price payable for a Ticket is clearly set out on Our Website. Prices are inclusive of any applicable value added tax or other sales tax.
5.2 Your Tickets will give you access to the event via your login. Full instructions appear on Our Website as part of the buying process.
5.3 We advise you check your Tickets immediately on receipt, whether delivered by download or in hard copy.
5.4 You are required to pay in the currency in which the Ticket is listed for sale on Our Website.
5.5 Every sale will be subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.
6. Security of your credit card
We take care to make Our Website safe for you to use.
6.1 Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
6.2 If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
7. Cancellations and returns: Ticket terms
7.1 You accept that there may be pricing errors on Our Website. In the event of a serious under pricing error, we are not liable to provide Tickets to you. Your order will be cancelled, and we will refund any money paid.
7.2 We will not accept returns unless the Ticket delivered to you is not of the Event you ordered at the time of purchase, or we have agreed in correspondence that you may return it.
7.3 If the Event takes place but you do not receive the Ticket you have purchased for any of following reasons you will be refunded the price you have paid:
7.3.1 if we fail to deliver the Ticket and cannot arrange for duplicates; or
7.3.2 the Ticket has been sent to an address different to the one you specified and you inform within a reasonable period, but replacement Ticket is not delivered.
7.4 No duplicate Ticket will be issued to replace the original that has been lost, or stolen after it has been delivered to you, nor will price of such Ticket be refunded.
7.5 Subject to the conditions mentioned in this paragraph, all monies paid by you to us are non-refundable.
8. Change or postponement of an Event
8.1 Before attending an Event, please check on Our Website that an Event is going ahead at the scheduled date, time and venue.
8.2 If an Event is cancelled or we make a significant change to the venue, date, show time or (concerts only) headline act, ScubaClick Ltd. will try to inform you. This will usually be by email.
8.3 We will try to help you if an Event is cancelled or changed. You may contact us for information relating to:
8.3.1 general information;
8.3.2 seats at any rescheduled Event (subject to availability) up to the face value of the Tickets;
8.3.3 a full or partial money refund, depending on the extent of the cancellation or change of Ticket.
8.4 If an Event is rescheduled, changed or moved, we will give you the option of either retaining or exchanging the Ticket for the new date or location, or alternatively claiming a refund.
8.5 If any significant change is made to any arrangement, and you do not wish to accept the change, we will refund your money.
8.6 In any case, ScubaClick Ltd cannot be held responsible for any resulting costs you may incur for travel, accommodation, any other related goods or service or other compensation.
9. Interruption to our Service
9.1 If it is necessary for us to interrupt our Service, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
9.2 You acknowledge that our Service may also be interrupted for many reasons beyond our control.
9.3 You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to our Service.
10. Disclaimers and limitation of liability
10.1 The law differs from one country to another. This paragraph applies so far as the applicable law allows.
10.2 All implied conditions, warranties and terms are excluded from this agreement.
10.3 Our Website includes Content posted by third parties. We are not responsible for any such Posting. If you come across any Content which offends against this document, please contact us via the Contact us page on Our Website.
10.4 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
10.5 We sell Tickets in good faith. But we make no representation or warranty that Scuba.Digital will be:
10.5.1 useful to you;
10.5.2 of satisfactory quality;
10.5.3 fit for a particular purpose;
10.5.4 available or accessible, without interruption, or without error.
10.6 Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
10.7 We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
10.8 You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us for your Ticket. We are not liable for any loss of enjoyment or wasted expenditure. Personal arrangements including travel, subsistence and accommodation relating to the Event which have been arranged by you are at your own risk.
11. Miscellaneous matters
11.2 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
11.3 If you are in breach of any term of this agreement, we may:
11.3.1 terminate your account and refuse access to Our Website;
11.3.2 issue a claim in any court.
11.4 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
11.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
11.6 Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
- if sent by e-mail to the address from which the receiving party has last sent e-mail: within 48 hours if no notice of non-receipt has been received by the sender.
11.7 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
11.8 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
11.9 We are not liable for any failure or delay in performance of the Event / contract / arrangement which this Ticket enables, nor for any circumstance beyond our reasonable control, including any labour dispute.
11.10 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.