Terms + Conditions
TERMS AND CONDITIONS FOR COMMERCIAL TRANSACTIONS WITH ML EVENTS LTD FOR GOODS AND TICKETING
Welcome to the DL12 Indoor Trial Online Shop and Booking Service (our “Online Service”), which is provided by ML Events Ltd, registered company number 13946833, registered company address The Exchange, Bank Street, Bury, BL9 0DN
1 USE OF THE ONLINE SERVICE
1.1 Use of this Online Service is conditional on (and you are only authorised to make use of it if you agree to, and accept) all of our terms and conditions set out below. Before you can place an Order you will be prompted to confirm that you have read and accepted them. Where you act as a consumer nothing in these terms and conditions seeks to or will have the effect of adversely affecting your statutory rights.
1.2 In using the Online Service you confirm that:
1.2.1 you are not located or resident in a country the laws of which would render these Conditions void or ineffective in whole or in any material part or which would make accessing this online service illegal;
1.2.2 you are legally capable of entering into a binding contract and are over the age of 18 1.3 Permission is granted to copy electronically and print in hard copy only portions of this web site for personal use including the placing of an Order with us or use as a shopping resource. Any other use of materials on this web site including reproduction for purposes other than those described is strictly prohibited.
2 DEFINITIONS AND INTERPRETATION
In these Conditions: “Activity” or “Activities ” means each or any of the following activities carried out online through the Online Service: purchase of ticketing for ML Events Ltd or of Experience Vouchers or Gift Cards, any reservations or purchases of hospitality, purchases of Goods and membership services including renewals and car parking; “Conditions” means these standard terms and conditions applicable to the Activities; “Experience Vouchers” means the vouchers issued by ML Events Ltd for single or multiple experience packages and purchased by you as a result of the Activity, the specific terms and conditions of which are set out in paragraph 15 of these Terms and Conditions; “Gift Cards” means the gift cards issued by ML Events Ltd for purchase and purchased by you as a result of the Activity, the specific terms and conditions for which are set out in paragraph 14 of these Terms and Conditions; “Goods” means our online merchandise (including any instalment of or any part of them) or vouchers for merchandise. “Order” means any form submitted by you using our Online Service for the purpose of the Activities; and “Substitute Goods” means Goods of equivalent price and quality that we may in our absolute discretion supply to fulfil your Order in the event that any ordered Goods are unavailable. Any supply of Substitute Goods will always be subject to your right to cancel your Order and return the Substitute Goods to us at our expense, as set out at clause 6.3. “Ticketing” means any reservations for hotel and dining packages or entrance tickets to any ML Events Ltd event, or as described in any Order; “Tickets” means the tickets purchased by you as a result of the Activity or Activities.
3 ACCEPTANCE OF ORDERS OF GOODS (FOR TICKETING SEE 7 BELOW)
3.1 Each of your Orders for Goods shall be deemed to be an offer by you to carry out the Activity set out in that Order in accordance with these Conditions. We shall acknowledge receipt of each Order and endeavour to determine whether we can accept each of your Orders within one (1) working day of your submission of the Order to us. We reserve the right to reject any Order for any reason whatsoever. Acknowledgement of receipt does not constitute acceptance of the Order. 3.2 Each Order that we accept shall be followed by an acceptance by us, which shall be evidence of our acceptance of the offer contained in that Order. We shall send you an acceptance online, together with an option for you to print out a hardcopy of the acceptance, and a copy of the acceptance by email. Our acceptance will contain the following information:
3.2.1 confirmation of our identity (the ML Events company with which you have a contract) and contact details;
3.2.2 description of the Goods ordered;
3.2.3 the price of the Goods ordered, including all VAT and other taxes (except any local duties or taxes for which you may be liable if you are located outside of the United Kingdom);
3.2.4 the delivery costs, where appropriate; and
3.2.5 confirmation of the arrangement for payment, delivery and performance of the Order.
4 RETURNS OF GOODS (FOR TICKETING SEE 8 BELOW)
4.1 In the case of merchandise you may reject Goods for any reason within 14 days.
4.2 You may reject any merchandise which are faulty or which do not conform to the quantity, quality, standards or description you reasonably expected at any time up to 30 days from receipt of the Goods by you or the person to whom you have directed us to deliver the Goods, provided that
4.2.1 you take reasonable care of them;
4.2.2 any Goods supplied in any sealed or secure packaging must be returned in the same packaging;
4.2.3 our sole liability shall be a refund of the price of the Goods provided that we shall also reimburse your reasonable costs of returning any faulty Goods.
4.3 Your statutory rights are unaffected.
5 WARRANTIES ON GOODS
5.1 We warrant that Goods shall be free from defects in materials and workmanship for a period of 28 days from the date of delivery, provided that:
5.1.1 we shall not be liable for any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow any instructions, misuse, alteration or unapproved repair of Goods;
5.1.2 this warranty shall not cover Goods not manufactured or produced by us. For Goods not manufactured by us you shall be entitled to the benefit of any warranty or guarantee that we obtain from the manufacturer;
5.1.3 you return the defective Goods to us in accordance with the terms for returns at clause 4. 5.2 Your sole remedy for a breach of this warranty by us shall be the free replacement of the Goods by us or the issue of a credit note to you for the price of the Goods, or at our sole and absolute discretion, a refund of the price of the Goods, together with the reimbursement of your reasonable expenses in returning the Goods to us.
6 CANCELLATIONS OF PURCHASES OF GOODS (FOR TICKETING SEE 8 BELOW)
6.1 If you are acting as a consumer you may cancel the Order for the Goods, at any time up to seven working days from the receipt of the Goods by you or the person to whom you have directed us to deliver the Goods, provided that you give us a notice of cancellation by any of the following methods: 6.1.1 by email to: email@example.com ; or: 6.1.2 by post to: ML Events Ltd The Exchange, Bank Street, Bury, BL9 0DN; or by phone to: 0161 705 2284.
6.2 Cancellation can only be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000.
6.3 Your right to cancel is subject to the following:
6.3.1 you must ensure that reasonable care is taken over any Goods included in your Order that have been delivered to you or the person to whom you directed us to deliver them;
6.3.2 any Goods supplied in any sealed or secure packaging must be returned in the same packaging, whose seal or security must not have been broken or disturbed;
6.3.3 you must return the cancelled Goods to us at your expense, except where the Goods are Substitute Goods, in which case we shall reimburse the reasonable costs of returning the Substitute Goods.
7 ACCEPTANCE OF ORDERS OF TICKETING
7.1 Each of your Orders for Tickets shall be deemed to be an offer by you to carry out the Activity set out in that Order in accordance with these Conditions. We reserve the right to reject any Order for any reason whatsoever. Acknowledgement of receipt does not constitute acceptance of the Order.
7.2 Each Order that we accept shall be followed by an acceptance by us, which shall be evidence of our acceptance of the offer contained in that Order. We shall send you an acceptance online, together with an option for you to print out a hardcopy of the acceptance, and a copy of the acceptance by email. Our acceptance will contain the following information:
7.2.1 confirmation of our identity (ML Events Ltd) and contact details;
7.2.2 a description of the Activity and;
7.2.3 the price of the Activity, including all VAT and other taxes (except any local duties or taxes for which you may be liable if you are located outside of the United Kingdom)
8 CANCELLATION, EXCHANGE, RETURN OR REFUNDS OF TICKETING
8.1 Orders for Tickets may be cancelled, exchanged or returned provided that this occurs within 48 hours of purchase. ML Events Ltd is under no obligation to accept requests for cancellation, exchange or refund of Tickets after this period. Requests should be made to the Ticket Office by email at firstname.lastname@example.org
8.2 Refunds will not be paid on Tickets (subject to the provisions of clauses 8.1 and 11).
9 PRICING AND PAYMENT OF GOODS AND TICKETING
9.1 Prices shown include VAT but not delivery (or any local taxes or duties for which you may be liable if the delivery address is not in the United Kingdom).
9.2 The price of any Goods or Tickets will be as shown on the website from time to time, except in the case of obvious error.
9.3 Prices are liable to change at any time at our discretion, but changes will not affect Orders which we have already accepted at the time of the change.
9.4 You will be requested to submit your credit or debit card details with all Orders. We shall only accept Orders for which valid credit or debit card details are provided, and acceptance shall be subject to the terms and conditions of the credit or debit card issuer for the authorisation of online sales.
9.5 Payments made by credit card may be subject to a surcharge of up to 1.9% or the Order value. There is no surcharge for other types of payment such as by debit card.
9.6 Membership discounts held by any members are not eligible in conjunction with other promotions or offers on Goods.
10 DELIVERY OF GOODS OR TICKETING
10.1 Goods or Ticketing to delivery addresses in the UK shall be delivered by Royal Mail or by courier at the rates set out in the Order and to the delivery address given by you in the Order. Goods or Tickets shall remain at our risk until delivered to the delivery address.
10.2 Goods or Tickets for delivery addresses outside the UK shall be delivered by courier at the rates set out in the Order to the delivery address given by you in the Order. Goods or Tickets for delivery to addresses within the European Union shall remain at our risk until delivered to the delivery address. Goods or Tickets for delivery to addresses outside the European Union shall be at your risk at all times from the acceptance of the order.
10.3 We shall use our reasonable endeavours to dispatch all Orders for Goods (but not Tickets) for delivery to you within 30 days of our acceptance of the Order.
10.4 Subject to clause
10.5, Tickets for ML Events Ltd will be sent out by email on the day of order. It is the recipient’s sole responsible to notify ML Events Ltd within 48 hours in the case of non-delivery and to print or save electronically so it can be presented at point of entry.
10.5 A duplicate ticket, issued as a replacement for any ticket which has been stolen, lost or temporarily mislaid, will be issued by us only on production of a written statement confirming the theft or loss by the person who originally purchased the ticket. An administrative charge will be made in respect of each duplicate. Duplicate or re-issued Tickets will not be sent out but will be held at the ticket office for collection by you on the day of the event.
11 CANCELLATION OR ABANDONMENT OF ML EVENTS
11.1 We are unable to offer refunds or exchanges in respect of Ticketing purchased unless the relevant ML Event is cancelled due to circumstance(s) for which we are covered by our relevant insurance cover.
11.2 Subject to clause 11.1 and subject always to the discretion of ML Events as to the application of this clause (which is exercisable according to the individual circumstances resulting in cancellation or abandonment of the Event), the following general rules shall apply:
11.2.1 Motor Sport events may be abandoned or delayed at any time in accordance with directions from the Motorsport Authority and any other governing body, the police or other emergency services or their respective servants or agents or in any emergency or in any other exceptional circumstances beyond the reasonable control of the Event managing executive. In the event of any cancellation or abandonment, refunds on entrance money and car parks for the individual ML Events will be made at the discretion of ML Events Ltd.
11.2.2 Any refund will be calculated on the face value of the relevant Ticket;
11.2.3 Any cancellation or abandonment must be formally notified by ML Events either through a formal announcement at the Event or Experience or on the DL12 Indoor Trial website before any refunds are payable pursuant to this clause 11;
11.4.3 Refunds will not be made on the day of the Event or Experience. To obtain a refund you should send your Ticket with full address details, within three  months of the date of the cancelled Event or Experience to: ML Events Ltd, The Exchange, Bank Street, Bury, BL9 0DN.
11.2.4 Refunds will only be made on production of the original Ticket with proof of purchase and a written request for a refund. You will be responsible for the returned Ticket during transit;
11.2.5 Refunds will only be made to the Ticket purchaser and not to any third parties or parties who have not entered into a commercial transaction with ML Events Ltd; and
11.2.6 Save as set out in these Conditions, ML events will have no further liability in relation to any abandoned or delayed ML Event or Experience.
12 CONDITIONS OF PURCHASE OF TICKETING TO ML EVENTS OR EXPERIENCES
Ticketing is sold and issued subject to the terms and conditions set out in this clause.
12.1. In the event that any Activity or Experience is subject to specific terms and conditions relating to that specific Activity or Experience the participant is bound by such terms and conditions.
12.2 We reserve the right, at our absolute discretion, to vary the dates and opening and closing times of the ML Events or Experiences, to vary the programme(s) and to close, remove or cancel all or any part of the attractions or entertainments for any reason including, but not limited to, technical, health and safety, operational reasons or due to special events or private functions. For the avoidance of doubt, subject to the provisions of clause 11, the full value or part of the value of the Tickets will not be refunded nor will any compensation be payable if any or part of the attractions or entertainments at the ML Events or Experiences become unavailable, are varied or are closed or removed.
12.3 Tickets to ML Events are strictly non-transferable and may not be re-sold, auctioned or transferred in any circumstances. We hereby give notice of our policy to identify tickets being illegally sold or re-sold or transferred to unauthorised agents or other third parties. Holders of such tickets, whether knowingly or not, shall be refused admittance to the ML Eventsor Experiences or removed from the venue.
12.4 In the case of bulk ticket purchases the following – additional terms and conditions apply. Any Order of ten or more Tickets (or any number of Orders resulting in the same purchaser receiving in excess of nine tickets) shall be subject to the following conditions:
12.4.1 You (the purchaser) warrant that the Tickets are purchased for personal and private use. 12.4.2 You shall not sell or transfer any of the Tickets for financial or commercial gain without our prior written permission.
12.4.3 You shall not offer any of the Tickets to any third party as part of any hospitality package or similar arrangement including but not limited to offers of Tickets combined with food or drink or travel or entertainment without our prior written permission.
12.4. We reserve the right to refuse entry to or remove the bearers of Tickets purchased or received in contravention of these terms and conditions.
12.4.5 You will indemnify us in full for all costs and expenses incurred as a direct or indirect result of all or any claims howsoever arising from any breach of these ticketing conditions (including but not limited to claims by those refused entry or removed from the Event or Experience).
13 CONDITIONS OF ENTRY TO ML EVENTS OR EXPERIENCES
13.1 The purchase of Ticketing to the ML Events or Experiences constitutes acknowledgement and acceptance of the following terms and conditions, pursuant to which we are prepared to grant entry to the relevant Event or Experience. Where you buy a ticket for another person you undertake that before the ML Event you will make that person (or their parent or guardian in the case of a minor) aware of these provisions and aware that by attending the Event they accept these.
13.1.2 We reserve the right at our sole discretion to refuse admission and to remove persons from any Event or Experience who do not comply with the rules of the Event or Experience or these terms and conditions, who represents a security risk, a nuisance or annoyance to the staging of the Event or Experience or to any other guests, who has in his or her possession prohibited items (which shall include without limitation, chemicals of any kind, drugs, barbecues, ladders or stepladders, laser pens, unauthorised wheeled transport such as scooters or cycles, weapons or offensive materials of any kind or animals (except guide dogs or service dogs).
13.1.3 In the interests of public safety, we reserve the right to request you to leave the Event or Experience at any time for safety reasons or after the Event or Experience.
13.1.4 No admission or re-admission will be permitted after the end of an Event or Experience.
13.1.5 Ticketing that includes a grandstand seat for any of the ML Events do not guarantee access to any particular grandstand or seat allocation and are subject to seat availability unless otherwise stated on the ticket. We reserve the right to change the configurations of any grandstands.
13.1.6 Children under the age of 18 must be accompanied by a full paying adult. Each child ticket will have the identical status to that of the ticket presented by the accompanying adult.
13.1.7 Any person on our premises at an Event or an Experience must always keep to the designated areas and should access all viewing areas, grassed areas, pathways and steps using appropriate caution. In particular, care must be taken in wet or adverse weather conditions and appropriate footwear must be worn.
13.1.8 No person may bring into ML Events premises or use or display around the premises (including car parks) any sponsorship, promotional or marketing materials which have not been previously approved in writing by ML Events. It is strictly prohibited to offer or distribute within or around the premises any consumer articles or commercial products or services which have not been authorised by ML Events.
13.1.9 Spectators and guests are encouraged and permitted to film and record any events and publish any content on any media subject to the following condition: by filming and recording such content You agree that ML Events shall have a perpetual, royalty free, sub-licensable and worldwide licence to use such content in whole or in part in any online or offline promotional, advertising or publicity material or in any format and for any purpose whatsoever, including (but not limited to) TV packages, online players, YouTube, Facebook, Snapchat, Twitter, Vine, Instagram and Dailymotion. ML Events acknowledges that You shall retain ownership of copyright in the content.
13.1.10 Dogs are not permitted into any ML Events Event or ML Events Experience . Only guide dogs or service dogs will be allowed on site. It is a condition of admission that no animals are left unattended at a campsite or within vehicles and owners acknowledge that ML Events personnel or their appointed contractor shall be entitled to enter any vehicle by whatever means necessary at the owner’s cost in the event that any animal has been left in any vehicle.
13.1.11 All vehicles (and their contents) parked within any car park operated by ML Events are left at their owner’s sole risk. To the maximum extent permitted by law ML Events shall not be liable for any loss or damage suffered by owners arising from their use of any ML Events car park. ML Events reserves the right to move any vehicle it deems necessary due to logistical, safety or similar reasons. 13.1.12 Drones are not permitted at the venue under any circumstances unless prior written permission has been obtained. Permission will only be granted where the operator of the drone operates within the guidelines of the Air Navigation Order or the Civil Aviation Authority.
13.1.13 Despite all reasonable precautions being taken unavoidable accidents can happen. Attendees attending an Event or Experience involving motorsport, motor vehicles, acknowledge that they may be exposed to possible risk of physical harm due to the nature of the Event and are therefore present at their own risk. ML Events excludes to the maximum extent permitted by law any liability for such injury, loss or damage and will not be liable for any injury, loss or damage to any person or any property except to the extent that any such injury, loss or damage is caused by the negligence of ML Events, its employees or authorised agents.
13.1.14 Where any person through negligence or intentional or reckless act cause damage or loss to us, any other guest or Ticket holder or to any property at a ML Events Event or ML Events Experience, they will be liable to the party suffering any loss or damage.
CORONAVIRUS TERMS OF ENTRY
13.2 The purchase of Ticketing to the ML Events or ML Events Experiences constitutes acknowledgement and acceptance of the following requirements, which have been put in place to assist our staff and protect all guests and visitor to the Venue. Where you buy a ticket for another person you undertake that you will make that person (or their parent or guardian in the case of a minor) aware of these requirements.
13.2.1 At all times and in all parts of the Venue, please observe social distancing and avoid close contact with others not in your social bubble.
13.2.2 Arrive in good time to go through all the necessary entry procedures. 13.2.3 Make sure in advance that you know where your entry point is, and, if an entry time is specified on your ticket, be there on time.
13.2.1 Be aware that you may be tested for the virus prior to being permitted to enter the Event site, depending on health and safety requirements at the time of entry, and that the cost of this may be payable by you.
13.2.2 Be aware that all payments inside the Venue are contactless.
13.2.3 If you need to access any of the Venue amenities, such as toilets, food and drink outlets, or concessions, please ensure the enclosure you have booked offers what you need.
13.2.4 Remain in your seat or place at all times wherever possible. 13.2.5 If you do need to leave your viewing position, wait for a time when the gangway is clear and always follow the signs indicating which way to go.
13.2.6 If you are seated or standing, when moving past other spectators, to and from your seat or standing, please avoid face to face contact with other spectators.
13.2.7 If you are standing, please stay within your social bubble and remain aware of the movements of others at all times.
13.2.8 Maintain good hand hygiene – use the sanitiser dispensers provided and avoid touching your face, or handles, railings etc. whenever possible.
13.2.9 Please observe respiratory etiquette – always cover your mouth if needing to cough or sneeze. 13.2.10 Avoid hugs, high-fives and any close contact with people who are not within your social bubble.
13.2.11 Take care when cheering or celebrating.
13.2.12 If you are attending with other members of your social bubble, please make sure they have read and understood these guidelines too.
13.3 In the event that as a result of Government restrictions ML Events has to reduce ticketed numbers to any Event, some ticket holders (at ML Events’s discretion) may not gain entry even though they have purchased a ticket. ML Events will use all reasonable endeavours to avoid this or, if this occurs, to notify those ticket holders as soon as possible. Ticket monies will be refunded.
14 GIFT CARDS
14.1. The purchase of Gift Cards is subject to the terms and conditions set out in paragraphs 7 to 13 and 16 to 20 of these Terms and Conditions in addition to this clause 14, as appropriate
14.2 Each Gift Card features a unique reference code and can be used in full or part payment for any Goods or Experiences purchased from ML Events in the UK other than food and beverage at ML Events Racecourse.
14.3 The minimum value needed to activate a Gift Card is £25 and the maximum value which can be stored on a Gift Card is £500. Values can be increased in increments of £25.
14.4 Registration of the Gift Card must be effected online at www.ML Events.com/giftcard.
14.5 In the event that any payment used to activate a Gift Card is not authorised, or otherwise defaults, any corresponding amount added to the Gift Card will be removed.
14.6 Where Goods or Experiences are purchased with a Gift Card, these may only be purchased in person or via telephone sales and not online. Some products may also be purchased at the ML Events Shop.
14.7 Advance bookings for Experiences are necessary and cancellation of a pre-paid Experience will be non-refundable.
14.8 When products are purchased using a Gift Card, no change will be given in cash but any value remaining on a Gift Card will be shown online at www.ML Events.com/giftcard and can be used in full or part payment for future purchases. Where a Gift Card holder wishes to use a Gift Card to buy products or experiences with a value higher than the value on the Gift Card, he/she will be required to pay the difference in value.
14.9 The value on a Gift Card cannot be exchanged for cash or refunded. Where ML Events agrees to provide a refund for products purchased using a Gift Card, the amount of the purchase price paid using that Gift Card will be reimbursed by way of a replacement gift card.
14.10 Restrictions may apply on some experiences. A Gift Card cannot be used to buy age restricted products unless the purchaser can prove he/she is of at least the relevant age.
14.11 A Gift Card will expire after twelve calendar months from issue and any remaining value will be removed if the Gift Card is not used to make a purchase, top-up or balance enquiry during the twelve months validity period.
14.12 If a Gift Card is used without the consent of the Gift Card holder, or is lost, stolen or damaged, ML Events cannot replace or reimburse the value on the Gift Card. Please keep the Gift Card safe and treat it like cash.
14.13 ML Events may take any action it considers appropriate if it has reasonable grounds for suspecting misuse of the ML Events Gift Card Scheme. This may include withholding all or part of the value credited on a Gift Card.
14.14 ML Events may vary these terms and conditions at its discretion or may suspend or discontinue the ML Events Gift Card scheme at any time. ML Events will give such notice of any variation of the terms and conditions or any suspension or discontinuance of the ML Events Gift Card scheme as is reasonably possible, by notice displayed on www.ML Events.com. If the ML Events Gift Card Scheme is discontinued ML Events will give Gift Card holders a reasonable period to use any remaining value on the Gift Cards.
14.15 Gift cards cannot be purchased in conjunction with any other discount card.
14.16 Gift Cards are issued by and remain the property of ML Events.
15 EXPERIENCE VOUCHERS
15.1. The purchase of Experience Vouchers is subject to the terms and conditions set out in paragraphs 7 to 13 and 16 to 20 of these Terms and Conditions in addition to this clause 15, as appropriate.
15.2 Each Experience Voucher can only be used in exchange for the Experience(s) named on it
15.3 The Experience Voucher will represent full payment for the cost of the particular Experience(s). Any food, beverages or activities not included on the voucher will be subject to an additional charge. 15.4 Experience Vouchers are valid for twelve months from the date of purchase. Upon the expiry of the twelve month period they may not be used in exchange for any Experience.
15.5 Advance bookings for Experiences are necessary and cancellation of a booked Experience will be non-refundable.
15.6 Experience Vouchers cannot be exchanged for cash or refunded.
15.7 Restrictions may apply on some Experiences. Some Experiences are not available to those under 18 years of age.
15.8 If an Experience Voucher is used without the consent of the Experience Voucher purchaser, or is lost, stolen or damaged, ML Events cannot replace the vouchers. Please keep the Experience Voucher safe and treat it like cash.
15.9 ML Events may take any action it considers appropriate if it has reasonable grounds for believing that misuse of any Experience Voucher has taken place.
15.10 ML Events may vary these terms and conditions at its discretion or may suspend or discontinue the Experience Voucher scheme at any time. ML Events will give such notice of any variation of the terms and conditions or any suspension or discontinuance of the scheme as is reasonably possible, by notice displayed on www.ML Events.com. If the Experience Voucher scheme is discontinued ML Events will give Experience voucher holders a reasonable period to use the named Experience(s). 15.11 Some Experiences (for example at ML Events Motor Circuit, ML Events Golf or ML Events Aerodrome) are subject to specific rules and regulations and anyone participating in these must comply fully with all such rules and regulations. A purchaser of an Experience Voucher must ensure and is responsible for compliance by the participant.
15.12. Participation in any Experience is at the sole risk of the participant.
15.13 ML Events Experience Vouchers are issued by and remain the property of ML Events.
16 FORCE MAJEURE
16.1 Whilst we shall endeavour to fulfil our obligations swiftly and efficiently, we shall not be liable for any delay in performing or any failure to perform any of our obligations under these Conditions if the delay of failure was due to a reason of Force Majeure.
16.2 Save as provided above, we shall not be liable to any attendee at a ML Events Event or a ML Events Experience if and to the extent that any failure or omission by us results from a reason of Force Majeure.
16.3 In this clause 16, a reason of Force Majeure includes any event beyond our reasonable control such as, but not limited to, war, acts of terrorism, civil disturbance, any order or act of a governmental or regulatory body, failure of utilities, fire, flood, adverse weather conditions, communicable diseases, pandemic, funeral of the Monarch, labour dispute, strike, lock-out, disease, epidemic or other circumstances concerning the healthcare or well-being of humans or animals.
17 EXCLUSION OF LIABILITY
17.1 We do not accept responsibility for accident, injury or loss to any visitor, to any visitor’s animal or to any third party attending with a customer suffered while undertaking an Activity or at a ML Events Event unless it is directly due to the negligence of ML Events.
17.2 We shall not, to the fullest extent permitted by law, be liable to you for any indirect damages or any consequential damages including, without limitation any loss of profits (whether direct or indirect), contracts, income, revenue, anticipated savings, data or any special, exemplary, punitive or any other monetary or other damages or liabilities arising out of or relating to any representation, implied warranty, condition or other term, any duty at common law or obligation placed on us by these Conditions or by the supply of the Goods or Ticketing or the operation of the Events.
17.3 Our entire liability under or in connection with any agreement created by our acceptance of your Order shall not exceed the total price of the Goods or Ticketing itemised in your Order, except where expressly stated otherwise in these Conditions.
17.4 We accept that nothing contained in these Conditions excludes or limits any liability which we are not entitled to exclude or to attempt to exclude by law, including liability for death or personal injury caused by our negligence, or for fraud, or under section 2(3) of the Consumer Protection Act 1987 as amended from time to time.
18 PERSONAL DATA AND PRIVACY
18.2 You hereby warrant that your Customer Information shall not:
18.2.1 be false, inaccurate or misleading;
18.2.2 violate any law, statute, regulation or order (including, without limitation, those concerning consumer protection, unfair competition, anti-discrimination or the advertising prohibited goods or services); or
18.2.3 contain any virus, worm, Trojan horse, time bomb or other code that contains contaminating or destructive properties.
18.3 We shall keep your Customer Information secure and confidential. We warrant that each of our companies processing personal data holds and will maintain a notification with the Information Commissioner under relevant Data Protection legislation for all processing of your Customer Information. We shall not disclose, sell, rent or share your Customer Information to or with any person outside of our group of companies without your consent.
18.4 Where you are purchasing tickets for a ML Events event you acknowledge that at such events photographs and moving images may be taken by ML Events or by others acting on ML Events’s behalf as well as by other members of the public and that your image may be included either deliberately or accidentally in such photographs and moving images. By purchasing tickets for a ML Events Event or by attending such event you agree to release and assign to ML Events permission to licence all images, whether still or moving, and to use such images, as well as any associated sound recordings, in any media for any purpose which may include, amongst others, reporting, advertising, promotion, marketing and publicity for any product, service or future event. You agree that any images may be combined with other images, graphics or text (including your name), cropped, edited altered or modified. You further agree that ML Events will have all rights to such images and associated sound recordings in perpetuity and you acknowledge and agree that ML Events is not liable for any further payment, consideration, accounting or further claim for any reason.
18.5 CCTV cameras are in use around and in the ML Events Venue. You consent to any footage that may be taken of you for general security measures. You consent that ML Events may itself use or pass to the police or other relevant authority any recordings from CCTV footage for use in any proceedings. ML Events shall handle all data in accordance with the requirements of relevant Data Protection legislation.
19.1 ML Events Ltd has a close associated with other linked companies. We may perform any of our obligations or exercise any of our rights set out in these Conditions ourselves or through any other member company, provided that any act or omission of any such member shall be deemed to be our act or omission.
19.2 No forbearance, delay or indulgence by either party enforcing the provisions of these Conditions shall prejudice or restrict the rights of that party nor shall any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy conferred upon or reserved for either party by these Conditions is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
19.3 If the whole or any part of these Conditions prove to be illegal or unenforceable the remainder of the Conditions shall remain in full force and effect.
19.4 Any notice to be given by you to ML Events must be given to the address (or e-mail address) as set out above. We may give notice to you at either the e-mail or postal address you provide us with when you place an Order. In proving the service of any notice it shall be sufficient to show, in the case of a letter, that it was properly addressed, stamped and placed in the post, and in the case of e-mail that the e-mail was sent to the specified e-mail address of the addressee.
19.5 We reserve the right to amend these Terms and Conditions from time to time.
19.6 These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the purchase by you and the sale by us of Goods or Ticketing as expressed in any Order with the exception of any supplementary terms and conditions applicable to any ML Events Experience.
20 GOVERNING LAW
These Conditions shall be governed by and construed in accordance with English law, and, subject to any applicable law governing consumer contracts, shall be subject to the exclusive jurisdiction of the English Court