Privacy Notice
Who is this privacy notice for?
This is for visitors to our website, to the Glo and ticket holders.
Who are we?
Lost in Light is operated by Lost in Light Limited registered in England and Wales with Company number 15988003 whose registered office Lost in Light London LTD.
What data do we collect and process about you, what do we do with it and why?
In general, we collect your information when you engage or interact with us, whether online, over the phone or in person. This could include when you purchase tickets, sign up to our mailing list or create an account on our website. We also look at how our audience use our website, so that we can offer the best possible experience whether you’re booking tickets or just trying to find out more about our latest productions.
When you visit our website
We collect your IP address, the website you came from, what kind of browser you’re using, and what you do on the website – which links you follow, where your mouse travels, how long you spend on each page and so on.
We do use cookies which retain information about your online behaviour, preferences, and settings.
We will link some of your technical information, such as your IP address, to your name and other personal details if you log in to the website or buy a ticket.
We use this information to make our website works in the first place, and to help us understand your experience of it and how to improve it.
Formally, we justify this processing as a combination of contract and pre-contractual negotiation for the ticket selection and purchasing process and legitimate interest for the marketing and activity tracking aspects.
When you create an account on Kaboodle's website
This allows you to buy tickets, sign up to our mailing list and amend your account details, including your communication preferences.
We collect your name, home address, email address, date of birth and phone number.
Formally, we justify this processing as part of our contractual obligation to you.
We will also use your information for marketing purposes – see below.
When you buy a ticket or merchandise
We obviously collect some personal data about you when you buy a ticket. What we collect depends on how you buy the ticket.
If you buy a ticket on our website, we collect your name, address and email address, you can also input your contact phone number, but this is not required. We also process your payment card information – although we don’t handle it directly or retain it: it’s all dealt with by our payment processor.
If you buy a ticket over the phone, we collect your name and calling telephone number. We’ll also collect your email address to enable us to send you your tickets. We collect your payment card details, although we don’t process them ourselves – that’s done by our payment processor – or keep them.
If you buy a ticket, or anything else like food and drink, in our venues we will only collect data if you use a payment card, and then only to process the payment – which, once again, is done by our payment processing partner not by us.
We will use the information we’ve collected to handle your admission to the event for which you’ve bought tickets; to process and track your payments and to deal with any issues that may arise including complaints and refunds.
Formally, we justify this processing as part of our contractual obligation to you.
We will also use your information for marketing purposes – see below.
We may also need to process sensitive information about you – see below.
When you contact us
If you get in touch with us – whether that’s by phone, email, post or in person to make an enquiry, we’ll collect the personal information you provide. That information and anything else you tell us will be handled securely. Only what is needed to deal with your enquiry, will be passed on internally or externally. We do ask that you don’t include sensitive personal information in any communication unless it’s directly relevant, to make it easier for you and us jointly to protect you.
We will use the information you provide to deal with your request and for no other purpose. We will also anonymise enquiries for statistical and business improvement purposes and share that anonymised information internally.
Formally, we justify this processing on the basis of your consent. When you call the venue or visit the venue in person, we will ask you for that consent explicitly. If you write to us by post or email, we will send you a privacy notification with the option to withdraw your consent if you wish.
When you hire our venue
When you hire part, or all of our venue we will collect your name, contact address, contact telephone number and payment information. If you’re paying by payment card our payment processor will collect and process your card details on our behalf. If you pay by cheque or invoice we will see your bank details as a consequence, but we will not store this information. We may also collect some personal information relating to the nature of the event for licensing purposes.
Formally, we justify this processing as part of our contractual obligation to you.
We will also use your information for marketing purposes – see below.
We may also need to process sensitive information about you – see below.
When we send you marketing emails, texts or other communications
Where we have noted this above we will use the information we have about you to send you marketing information. Where we have prior purchase history we will use that to help identify your interests and customise our marketing to you. We will also use outside data sources to get additional information based on your general location, but we do not pass your details on for this purpose or seek any specific information about you personally.
Whenever you interact with us, we may ask you to consent to receive this marketing information by email or text message. If you are a consumer, we will only email or text you if you have consented in this way, and you can withdraw this consent at any time by contacting us using the information at the start of this Notice, following the unsubscribe instructions that are in every email or text that we send, or visiting our website. If you are a business we may send you marketing communications by email or text without prior consent, but you still have the same rights to ask us to stop.
We may also write to you by post. You may ask us to stop at any time by contacting us using the information at the start of this Notice, following the unsubscribe instructions that are in every postal communication that we send, or visiting our website. We will also always respect any preference you have expressed.
We do not make telephone marketing calls to consumers and will only call you in response to an enquiry or as part of contractual customer service. We will make telephone marketing calls to businesses but will of course stop if you ask us to either on the call, by contacting us or by visiting our website.
Formally, we justify our marketing activity as being in our legitimate interest. As required by the Privacy and Electronic Communication Regulation 2003, for natural people we will only send marketing communication by email and text where we have explicit consent.
When you visit our venue
Our venue uses CCTV to help assure the security and safety of our visitors and staff. Appropriate notices are prominently displayed in these venues, and we are registered with the Information Commissioner’s Office as an operator of a CCTV scheme. If you are captured on CCTV while in our venues this is part of your personal data and you have the rights over it that are set out later in this Notice.
As the recording system records digital images, any CCTV images that are held on the hard drive of a PC or server are deleted and overwritten on a recycling basis and, in any event, are not held for more than 12 months. Once a hard drive has reached the end of its use, it will be erased prior to disposal.
If you have a special access requirement or an allergy
If you are coming to our venue and have an access requirement – such as a wheelchair user – we will collect the required information from you in order to make sure you have the best possible experience. We will only ask you to tell us what we need to know in order to accommodate you and ensure that this information is shared in identifiable form only with those people internally and at our partners who need to know. We will anonymise your information and process it further in order to improve our access provisions across all of our venues.
Similarly, if you are coming to a catered event we will ask if you have any food allergies. Again, we will collect the required information from you in order to make sure you have the best possible experience. We will only ask you to tell us what we need to know in order to keep you from harm and ensure that this information is shared in identifiable form only with those people internally and at our partners who need to know. We will anonymise your information and process it further to improve our allergy Notice across our venue.
We will not normally retain access or allergy information once the event has taken place. You may ask us to do so if you prefer but it will then be your responsibility to advise us if your needs change.
Formally, we justify this processing on the basis of your consent, for which you will be asked at the time of booking or invitation.
Please note that if you only share access or allergy information with staff at the venue when you attend this will not constitute data processing as we won’t record anything in identifiable form.
Social Media
If we conduct a competition on our social media platforms we may ask for your details to be able to issue the prize to you. Once we have completed this contract we will not keep your data and we will also link to the T&Cs for each competition.
If you get in touch with us on social media regarding some feedback of any nature again we will only take the relevant information from you in order for us to follow up with your enquiry.
Who else gets to see your data
We won’t ever sell your data or provide access to it to any third parties for marketing purposes without your consent.
If legally required
In some circumstances we may be legally required to pass on your data. For example, if there is a health and safety incident in our venue and you are involved, we will pass your data on to the Health and Safety Executive (a government agency) or to the relevant local authority. What they then do with your data is governed by the law. They may also contact you directly. We will always try to make sure that you know when your data is passed on in this way. In this specific circumstance we may collect health information about you where it is strictly relevant, and this may be done without your consent if you are not able to consent at the time. We will only do this in order to comply with the law and to protect your vital interests.
The police and other government agencies may also request your data. We will pass it to them once they show us proof that their request is legal. We may not be able or allowed to tell you if this happens.
If you make a complaint
If you make a complaint or if we think it’s necessary for any other reason, we may depending on the issue pass your data on to our insurers. We will only pass them the data that they need; we have a clear agreement with them that they will only use the data to assess any claim that we may make in connection with the issue.
How we look after your data
We take the security of your data very seriously. We’ve made significant investments in IT systems and training to make sure it stays safe. We have strict contracts with anyone we share it with to ensure that do the same. It will always be stored and processed inside the EEA, where the General Data Protection Regulation gives you strong legal protection for your data privacy rights. We will always obey both the letter and the spirit of the data protection laws that apply to us.
We keep clear records of what data we have and what we do with it, and make sure that we always consider what impact our processing will have on you. We also continually assess the risks to you from possible data breaches, and do everything we can to prevent them.
How long we keep your data
We won’t keep your data for ever. If you haven’t interacted with us for three years – which means buying a ticket, opening an email, contacting us or visiting our website – we’ll anonymise your data so that it’s no longer connected to you in any way. We will keep the anonymised data indefinitely to help us understand our business and our audience.
Your rights
You have the right to see a copy of all the data we hold about you.
You have the right to ask us to delete what we have or stop processing it. However, we may not be able to do so immediately if the data is required for us to fulfil an obligation to you – like letting you in to an event for which you’ve purchased tickets; if we are legally required to keep it; or if we believe we need to keep it for contractual or insurance purposes. We will always tell you what we are doing and why.
You have the right to ask us to correct your data – and if what we hold about you is wrong, we’d really appreciate it if you told us – but we will in some circumstances need to check that what you’re telling us is accurate, and may require proof, in order to protect you – and us – from fraud.
To exercise any of these rights, please contact us using the details at the top of this Notice.
International Transfers
We do not routinely transfer your data outside of the EU. Some of the third parties we use may transfer your data outside of the EU. Where they do we make sure that we have the correct standard contractual clauses (SSCs) in place with them to safeguard these transfers
Automated decision making
We do not undertake any automated decision making
Our Cookie Policy
Cookies and how they benefit you:
Our website uses cookies, as almost all websites do, to help provide you with the best experience we can.
Cookies are small text files that are placed on your computer or mobile phone when you browse websites.
Glo uses cookies for three main purposes:
· To ensure the website works, for online ticket booking
· To monitor website performance and help us make improvements in the future
· To tailor our marketing, and use tools such as Google AdWords to communicate more effectively through web advertising
Our cookies help us:
· Make our website work as you’d expect
· Save you having to login every time you visit the site
· Remember your settings during and between visits
· Improve the speed/security of the site
· Continuously improve our website for you
· Make our marketing more efficient
We do not use cookies to:
· Collect any sensitive information
· Pass personally identifiable data to third parties
· Pay sales commissions
Third party functions
Our site, like most websites, includes functionality provided by third parties. A common example is an embedded YouTube video. Disabling these cookies will likely break the functions offered by these third parties.
Anonymous visitor statistics cookies
We use cookies to compile visitor statistics such as how many people have visited our website, what type of technology they are using (e.g. Mac or Windows, which helps to identify when our site isn’t working as it should for particular technologies), how long they spend on the site, what page they look at etc. This helps us to continuously improve our website. These so called “analytics” programs also tell us if, on an anonymous basis, how people reached this site (e.g. from a search engine) and whether they have been here before.
We use advertising cookies
You can learn more about online advertising at http://www.youronlinechoices.com. You can opt-out of almost all advertising cookies at http://www.youronlinechoices.com/uk/your-ad-choices although we would prefer that you didn’t, as ultimately advertising helps keep much of the internet free.
Managing cookies
You can easily control and disable cookies through your browser settings.
All browsers are different – for more information on cookies in general, visit the following external links:
Depending on the browser you are using, cookies can be managed according to the steps shown in the below table.
Please be aware that by limiting or deleting cookies, your experience of our website might not be the best it could be.
Turning cookies off
You can usually switch cookies off by adjusting your browser settings to stop it from accepting cookies.
Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org. To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout
Terms and Conditions
General
In these terms and conditions (Terms), the following words shall have the meanings set out below:
Ticket means any ticket for attending a live event (including, but not limited to, timed events, talks, concerts, recordings or other ticketed events) offered for sale by us or our authorised agents, and any reference to a event shall include any of these;
Venue means Curtain Call Ltd, 118 Curtain Road, Shoreditch, London, EC2A 3JP
we means Lost in Light LTD registered in England and Wales with Company number 15988003 whose registered office Lost in Light London LTD; and us and our shall be construed accordingly; and
you means you or anybody who in our reasonable opinion is acting with your authority or permission; and your shall be read accordingly.
All Tickets are sold subject to availability and to these Terms, as applicable. By purchasing any Ticket, you accept that these Terms will govern that purchase for you and any members of your group. Any Ticket obtained in breach of these Terms shall be void (and non-refundable) and all rights conferred or evidenced by such Ticket, Membership or voucher shall be void.
Purchase
Any purchase of Tickets is only valid when processed by us or an agent authorised by us. We are not responsible for any Tickets that have been sold through unauthorised methods.
By making a purchase you warrant to us that all details supplied by you are true and accurate. If you are under 18 years of age you may purchase Tickets only with the involvement of your parent or guardian.
Tickets may be restricted to a maximum number or sold subject to certain restrictions, such as a minimum age for entry. Any such restriction shall be displayed on our website or otherwise notified to you before or at the time you book. It is your responsibility to ensure that you read all notifications displayed on our website. We reserve the right to cancel any Ticket(s) purchased in excess of the maximum number (without prior notice unless the purchase of Ticket(s) in excess was due to our error, in which case we will notify you prior to cancellation).
If you purchase Tickets over our website:
completion and submission of the online booking form shall constitute an offer by you to purchase Tickets subject to these Terms. Once you submit the online booking form, we will process the form, confirm that you have sufficient funds to cover the total cost of the transaction and then charge your payment card accordingly. This in itself does not constitute acceptance of your offer and no order shall be accepted until we have received full payment in cleared funds;
if payment is taken, an on-screen confirmation will be displayed and we will send you a confirmation email acknowledging your booking and setting out the details of your booking. Only the email confirmation shall constitute our acceptance of your booking and create a contract with us and the contract will relate only to those Tickets indicated in the email confirmation. The only language available for the conclusion of a contract shall be English;
Details of all contracts concluded online (including the method of payment but not the card details) will be kept on file by us and can be provided to you upon request.
It is your responsibility to check that any Ticket issued to you is accurate as mistakes cannot always be rectified after purchase and any corrections are at our discretion. Please contact us immediately if there are any mistakes, but amendments after confirmation may not be possible. It is also your responsibility to inform us if there are any changes to your details once your booking has been made. You can manage your booking by logging into your account.
Price and Payment
The price of all Tickets will be advertised on the website based on the best available information to us but we are not obliged to conclude any contract at that price. All advertised prices are inclusive of any applicable taxes but exclusive of any per transaction booking or delivery fee. Any discounts are subject to availability and our discretion and cannot be booked in conjunction with or combined with any other reductions or offers.
If you are paying for your Tickets using a third-party credit/debit card, you must provide us with written authorisation from the card holder. We reserve the right to cancel any booking which we reasonably suspect to have been made fraudulently
Delivery and/ or collection
You will receive your Tickets as an e-ticket. We reserve the right to make any Tickets available for collection at the Venue only; if this becomes necessary, we will notify you by telephone, email or in writing of the arrangements for collection using the details provided at the time of ordering.
If you are collecting your Tickets from the Venue, we may require the credit/debit card used to make the order and your booking confirmation if you have booked online. You may also be required to present photographic ID and proof of entitlement to any concession. If the cardholder cannot be present, please contact us at tickets@lightroom.uk.
Tickets received as an e-ticket will be delivered to the email address provided when you registered for an online booking account on our website. You may either print your e-ticket (which must be done clearly and to scale on plain, clean, white A4 paper) or present it on your mobile device (in which case, please download it to your device in advance as mobile connectivity strength at the Venue cannot be guaranteed). We may also require the credit/debit card used to make the order, photographic ID and proof of entitlement to any concession, as described in clause 4.2.
You may not duplicate an e-ticket and must retain it until the end of an event. In the event of unauthorised duplication, we reserve the right to refuse entry to all relevant Ticket holders and may credit the original purchaser the face value of the Ticket(s), which will constitute full remuneration. In the event that we issue a hard copy duplicate Ticket, this will render the original e-ticket void. We shall not be liable for any inconvenience caused by unauthorised duplication and shall have no responsibility for problems with printing or downloading any e-ticket.
We will not be responsible for any Ticket that is lost, stolen or destroyed. It is not always possible to issue duplicate tickets and the issue of duplicates is always subject to our reasonable discretion.
Transfer
If you wish to transfer your Tickets into someone else’s name, please contact us by email or telephone at least 24 hours before the start of the event time and we will do our best to accommodate the change.
Except as permitted by clause 5.1, Tickets are non-transferable and may not be resold for commercial purposes or at a premium. We reserve the right to cancel without notice any Ticket that we believe has been transferred or resold in breach of this condition, to refuse admission to the bearer or the person claiming the right to attend. We will blacklist any buyer who resells or offers for re-sale any Ticket through a secondary ticketing facility as defined in the Consumer Rights Act 2015.
Exchanges and refunds
We shall not refund any Ticket(s) after purchase. Ticket(s) may be exchanged for later events or credit vouchers subject to availability (minus any fees paid) but this cannot be guaranteed.
If you wish to exchange your Ticket(s) or receive a credit voucher under clause 6.2, you must inform us no later than 2 hours prior to the performance time given on the Ticket(s)
If Tickets are not used at the time of the attendance date/time of the Ticket, no refund will be given for non-attendance.
If Tickets are not returned in time to exchange them or receive a credit voucher under clause 6.2, we may at our discretion offer to resell them on your behalf (but shall in no circumstances be obliged to do so). If we successfully resell your Ticket, we will refund to you the face value of the Tickets purchased (excluding any fees) minus an administration fee of £2 per Ticket. Please note, we will sell all of our own Tickets before we offer any returned Ticket for resale and we cannot guarantee the successful resale of any returned Ticket. Returned tickets may be withdrawn from re-sale at any time at your request and/or at our discretion.
We will contact you within 14 days of the event, by e-mail where possible, to let you know whether your Tickets were resold. If you fail to hear from us within 14 days, please email us at tickets@lightroom.uk.
Where we are unable to perform a contract on the date(s) agreed because the event in question has been cancelled or is abandoned when less than half the event has taken place, we will refund to you the face value of the Tickets purchased and any fees paid. Where more than half of the event has taken place we may, at our discretion, refund to you the face value of the Tickets purchased (excluding any fees).
Refunds shall only be made to the person who purchased the Tickets and shall when possible be made by the same method used to purchase the Tickets (except, at our discretion, where payment was made by cash).
Cancellation
Cancelled or rescheduled, where there is sufficient time, we will use reasonable endeavours to notify you using the details you provided us with at the time of ordering. However, we do not guarantee that you will be informed of such cancellation or rescheduling before the date of the event and it shall remain your responsibility to ascertain whether an event has been cancelled or rescheduled. Please ensure that you inform us of any change to the contact address, telephone number or email address you provide us with at the time of ordering. (See also clause 6.4 on refunds in the event of cancellation.)
Conditions of Entry
A valid Ticket must be produced to get into an event. Removing any part of, altering or defacing the Ticket may invalidate your Ticket.
Please ensure the relevant ticket type has been purchased for the relevant ticket holder. We retain the right to ask for ID if necessary to confirm any concessionary rate purchased.
We reserve the right to refuse admission and may request any Ticket holders to leave (taking any such appropriate action which may be necessary to enforce this right) before or during an event if in our reasonable discretion we consider it to be necessary to do so. No refunds will be given to Ticket holders who are refused entry or ejected due to their own behaviour. We may also, on certain occasions, have to conduct security searches to ensure the safety of visitors.
Latecomers will be asked to wait until a suitable time slot depending on availability before being admitted for entry, but this may not always be guaranteed.
Ticket holders who leave the event may only re-enter at the discretion of the management. Otherwise, there will be no re-admission or pass-outs of any kind. The obstruction of gangways, access-ways, exits, entrances or staircases, congregating in non-designated areas or seeking entry to areas for which you do not hold a Ticket is strictly forbidden.
Please note that flashing lights and loud noises are sometimes used and we will endeavour to give you enough prior notice when this is applicable.
Mobile phones and other electronic equipment must be silenced before entering the auditorium. No cans or glass containers may be brought into the auditorium that have been brought from outside the Venue.
The use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data inside an event is strictly forbidden. Unauthorised recordings, tapes, films or similar items may be confiscated and destroyed. Any recording made of an event in breach of these Terms shall belong to us. We will not be liable for any loss, theft or damage to confiscated items.
We (and authorised third parties) may carry out general filming and sound recording in or about the Venue including without limitation in connection with an event. By purchasing Tickets, you consent to you and your party being included in, and to the commercial exploitation of, such films and recordings without payment. You further agree to being filmed by police or security staff for security and crime prevention purposes.
You must comply with all relevant statutes, safety announcements, regulations of the Venue and instructions and directions given by Venue staff whilst attending an event.
Possession of a Ticket does not confer any rights (by implication or otherwise) on you to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Ticket.
No Ticket can be used for advertising, promotions, contests or sweepstakes without our formal written permission, provided that even if such permission is obtained, use of our trade marks and other intellectual property is subject to our prior consent.
Access Tickets and Concessionary Tickets
These Terms apply in full to Tickets sold to Access List and Concessions. In addition, such Ticket holders agree to comply with the Access List terms and conditions (as applicable).
We reserve the right to cancel and refund any discounted Tickets that contravene our eligibility policies and to cancel any Access List membership where any Ticket(s) made available by virtue of such membership have been transferred or resold in breach of these Terms.
For the avoidance of doubt, only customers with the correct ID can book concessionary rates. We have the right to ask for ID during the visit to the venue.
Liability
Subject to clause 11.2, our total liability to you, whether in contract, tort (including, without limitation, negligence) or otherwise, is limited to the total Ticket price paid by you excluding any per transaction booking and delivery fees. We shall not be liable for any indirect, special, consequential or unforeseeable losses or for any economic losses (including without limitation loss of revenues, profits, contracts business or anticipated savings) or any loss of goodwill or reputation; for any arrangements including travel, accommodation or hospitality relating to any performance; or for any loss, theft or damage of personal belongings (other than caused as a result of our negligence or other breach of statutory duty).
Nothing in these terms or conditions excludes or limits our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, for fraud or for any other liability which cannot by law be excluded or limited. Nothing in these Terms is intended to affect your statutory rights.
We will not be liable to you for failure to perform any obligation under these Terms to the extent that the failure is caused by any factors beyond our reasonable control, including (without limitation) acts of god, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments, power failure and failure of sound or lighting equipment.
Data protection
We will collect, use, store and disclose your personal details in accordance with our privacy policy which can be accessed here.
Contact, complaints and code of practise
If you need to contact us, or if you wish to complain about your experience using or making any purchase on our website, you can do so using any of the following methods:
email: info@curtaincall.london.
letter: Curtain Call Ltd, 118 Curtain Road, Shoreditch, London, EC2A 3PJ
You can reach STAR on 01904 234 737, or +44 1904 234737 if calling from outside the UK (10am-5pm Monday to Friday), or by completing the complaints form or email info@star.org.uk.
Other
Waiver
No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise by us of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
Assignment
We shall be entitled at any time to transfer, assign, charge, sub-contract or otherwise dispose of any of our rights and obligations under a contract incorporating these Terms provided that your rights are not adversely affected, but you may not do so without our prior written consent.
Severability
Notwithstanding that the whole or any part of any provision of this agreement may prove to be illegal or unenforceable the other provisions of this agreement and the remainder of the provision in question shall remain in full force and effect.
Third Parties
Nothing contained in any contract concluded incorporating these Terms is intended to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any third party.
No partnership or agency
Nothing in these Terms or any contract concluded incorporating these Terms, and no action taken by either party pursuant thereto, is intended, or shall be deemed, to constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for by these Terms.
Amendments and Variations
No variation of any contract concluded incorporating these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives), provided that any change to these Terms that is required to be made by law or governmental authority may apply to orders previously placed.
Entire Agreement
These Terms constitute the entire terms of agreement between the parties relating to their subject matter and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to such subject matter. Each party acknowledges that in entering into a contract to which these Terms apply it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) by any person (whether party to these Terms or not) that is not set out in this agreement. Nothing in this clause shall limit or exclude any liability for fraud.
Governing Law and Jurisdiction
These Terms and any contract concluded incorporating these Terms, their construction and interpretation and any dispute or claim arising out of or in connection with them, their subject matter or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales to which the parties submit.
Website Terms and Conditions
These terms and conditions of use (Terms) govern your access to and use of this www.lostinlight.uk (the Website, as applicable). By accessing and/or using the Website, you agree to comply with and be bound by these Terms and by our privacy policy. You also confirm that you have read and agreed to our cookies policy. You are also responsible for ensuring that all persons who access the Website site through your internet connection are aware of and comply with these Terms. Please contact us at contact@lightroom.uk if you have any questions.
The Website is directed to people residing in the United Kingdom. We do not represent that content available on or through the Website is appropriate or available in other locations. We may limit the availability of the Website or any service or product described on the Website to any person or geographic area at any time. If you choose to access the Website from outside the United Kingdom, you do so at your own risk.
1. Your use of the Website
1.1 All material and content contained within the Website is made available for your personal non-commercial use only. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal non-commercial use only. You must not modify the paper or digital copies of any materials that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequence or any graphics separately from any accompanying text. Any other use of the material and content of the Website is strictly prohibited. If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
1.2 All copyright, trademarks and all other intellectual property rights in all material or content contained within the Website shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorised by us. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
1.3 If you create, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and, in particular, you must not disclose it to any third party. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at contact@lightroom.uk.
1.4 You will use the Website in accordance with all relevant laws.
1.5 You will not:
(a) copy, reproduce, transmit, transfer, publish, display, distribute, perform, sell, commercially exploit, license works from or create derivative works of any material and content contained within the Website (other than temporarily in the course of using our booking service or as permitted by law);
(b) modify or alter any part of the Website in any way;
(c) attempt in any way to gain any unauthorised access to any part of the Website, the server on which the Website is stored or any server, computer or database connected to the Website;
(d) use the Website or any part of it for any purpose which is illegal;
(e) link to or use the Website or any part of it for any purpose or in any way which in our opinion: (I) harms or takes advantage of our business or reputation; (ii) is defamatory, offensive or of an obscene or menacing character or may cause annoyance, inconvenience or needless anxiety; or (iii) suggests any form of association, approval or endorsement on our part where none exists;
(f) upload or transmit through the Website: (i) any material containing computer viruses, macro viruses, trojan horses, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures or good working order of computer or telecommunications equipment; or (ii) any material which, in our opinion, harms our business or is in any way defamatory, offensive or of an obscene or menacing character or may cause annoyance, inconvenience or needless anxiety; or
(g) use the Website in a manner which: (i) may cause the Website to be interrupted, damaged, rendered less efficient or may in any way impair the effectiveness or functionality of the Website; or (ii) violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
and you will not assist or facilitate any third party to do so.
1.6 In the event that you have any right, claim or action against any end user of the Website arising out of that end user’s use of the Website, you will pursue such right, claim or action independently of and without recourse to us.
2. Website and Terms subject to change
2.1 We reserve the right to modify or withdraw, temporarily or permanently and without notice, the Website, any part of it or any permission(s) relating to it.
2.2 We reserve the right to change these Terms from time to time. Your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether these Terms have been changed. If you do not agree to any change, you must immediately stop using the Website.
2.3 We reserve the right:
(a) to monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms or complaints relating to the Website and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website); and/or
(b) to record, preserve, trace and disclose anything which has been transmitted to, from or via the Website where required by law or where we are acting in good faith.
3. Data protection
4. Third-party links, websites and resources
The Website may contain links to websites or resources operated by parties other than us. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
5. Disclaimers and limitation of liability
5.1 Whilst we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy and accept no liability for any loss, damage or inconvenience caused as a result of reliance on such information.
5.2 The Website is provided on an “as is” and “as available” basis without any representation or endorsement. Unless specified in separate terms and conditions relating to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
5.3 Whilst we will use reasonable endeavours to maintain the Website, the Website is subject to change from time to time and we will not be liable to you or any third party if you are unable to use any part of the Website because of a modification, failure, suspension or withdrawal of all or part of the Website for any reason.
5.4 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server which makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
5.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
5.6 We shall not be liable in contract, tort (including, without limitation, negligence) or otherwise for any indirect, special, consequential or unforeseeable losses or for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings) or any loss of goodwill, reputation or business opportunity.
6. Other
6.1 Waiver
No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise by us of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
6.2 Severability
Notwithstanding that the whole or any part of any provision of these Terms may prove to be illegal or unenforceable the other provisions of these Terms and the remainder of the provision in question shall remain in full force and effect.
6.3 Entire Agreement
6.4 Governing Law and Jurisdiction
These Terms, their construction and interpretation and any dispute or claim arising out of or in connection with them, their subject matter or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales, provided that we also have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions