Terms and Conditions
Please read these Terms and Conditions (“Terms”) carefully prior to purchasing any e-Tickets from Our site as these Terms affect your rights and liabilities under the law and set out the terms under which We make the e-Tickets available to you. Purchase of an e-Ticket constitutes Your acceptance of these Terms and any queries relating to purchase of an e-Ticket should be raised with Us prior to purchase.
Please tick the box marked “I accept the Terms and Conditions of Game” if You accept them. Please understand that if You refuse to accept these Terms, you will not be able to order any e-Tickets from Our site.
In these Terms and Conditions the following words shall mean:
“Game” means Game Stores Group Limited a company incorporated in England and Wales (registered number: 1937170), whose registered office and main trading address is at Unity House, Telford Road, Basingstoke, Hampshire RG21 6YJ, VAT number GB 591937301, regulated by the Office of Fair Trading. “We“, “Us” and “Our” shall be read accordingly.
“Gamefest” means one of the Game Gamefests being held each day at the Venue from 10am to 6pm between 16 – 18 September 2011 in respect of which We have the right to sell You e-Tickets.
“e-Tickets” means electronic e-Tickets sold by Us to You granting You and/or persons you have purchased e-Tickets for the right to attend a Gamefest.
“e-Ticket Holder” means any person holding an e-Ticket. “You” and “Your” shall be read accordingly.
“e-Ticket Purchaser” means any person purchasing either for themselves or another an e-Ticket.
“Event Organisers” means Game, the Venue Owner and the Event Manager.
“Event Manager” means Cascade Productions International Limited (co. no.03699332).
“Venue” means The National Exhibition Centre, Birmingham B40 1NT and “Venue Owner” means the National Exhibition Centre Limited (co. no. 979395) or, in accordance with these Terms, any alternative venue/owner that Gamefests might need to be moved to.
2 E-TICKET PURCHASERS’ AND E-TICKET HOLDERS’ STATUS
2.1 E-Tickets are only available for purchase by holders of Game Reward Cards, and You will be asked to confirm your identity as a Reward Card holder prior to completing the purchase of the e-Tickets.
2.2 By purchasing an e-Ticket through Our site, e-Ticket Purchasers warrant that they are legally capable of entering into binding contracts and that they are at least 18 years old.
2.3 e-Ticket Purchasers understand that where they purchase e-Tickets for e-Ticket Holders under the age of 18 years old, such e-Ticket Holders will not be allowed to enter into 18 certificate restricted areas of Gamefest and e-Ticket purchasers over the age of 18 may be asked to provide proof of ID if they wish to enter 18 certificate restricted areas.
3 PRICE, PAYMENT AND E-TICKETS ORDERING PROCESS
3.1 All e-Tickets are sold subject to availability and to these Terms. All prices set are inclusive of VAT. e-Tickets must be purchased for children under the age of 12.
3.2 Please note that Your order for an e-Ticket constitutes an offer to Us and all orders are subject to acceptance by Us. Once We have confirmed availability and received full payment from You we will make Your e-Ticket available to you by email which will constitute our acceptance of your offer, and at which point the contract between You and Us (“Contract”) will be formed.
3.3 You will have the option during the booking process to offset points that you have accumulated on your Reward Card against the price of e-Tickets. If you take advantage of this option, only the balance of the price of e-Tickets that You order will be deducted from the payment card that you use for the purchase. The exact amount to be deducted will be confirmed during the booking process.
3.4 A valid e-Ticket must be produced to get into a Gamefest. Removing any part of, altering or defacing the e-Ticket may invalidate Your e-Ticket.
3.5 It is Your responsibility to check Your e-Tickets as if You have made a mistake it cannot always be rectified after purchase. Please check Your e-Tickets on receipt carefully and contact Us immediately if there is a mistake.
3.6 Ownership or possession of an e-Ticket does not confer any rights (by implication or otherwise) on You to use, alter, copy or otherwise deal with any of the symbols, trade marks, logos and/or intellectual property appearing on that e-Ticket.
3.7 It is possible, despite our best efforts, e-Ticket prices might be incorrectly stated on our site and if that is the case We shall be under no obligation to provide the e-Ticket to you at the incorrect price, even after a confirmatory email has been sent to You, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
4 CHANGES TO GAMEFEST
The Event Organisers reserve the right to make alterations to any published Gamefest programme where reasonably necessary.
5 REFUNDS FOR CANCELLED OR RESCHEDULED GAMEFESTS
5.1 e-Tickets may only be refunded:
5.1.1 if a Gamefest is cancelled or rescheduled by any of the Event Organisers;
5.1.2 where there is a material change to the programme of a Gamefest which makes a Gamefest materially different to a Gamefest that purchasers of e-Tickets, taken generally, could reasonably expect. For the avoidance of doubt, changes to the line up of Gamefest shall not be considered a material change.
5.2 It is Your responsibility to inform Us of any change to Your contact address, telephone number or email address You provide Us with at the time of ordering. Where a Gamefest is cancelled or re-scheduled, We will use Our reasonable endeavours to notify You by email using the details You provided Us at the time of Your e-Ticket purchase. We cannot guarantee that You will be informed of such cancellation before the date of a Gamefest and it is Your responsibility to ascertain whether a Gamefest has been cancelled or re-scheduled and the date and time of any re-scheduled Gamefest.
5.3 Where a refund is sought by You in accordance with these Terms, You must bring this to Our attention as soon as possible. Any refund shall equal the face value price paid or, if the face value has been reduced by Game, the discounted face value price paid. In order to claim Your refund, please email Our Customer services team at email@example.com or contact Our Customer helpline number on 0871 200 3068. Refunds shall only be made to the person who purchased the e-Tickets using the same credit card used to purchase the e-Tickets unless You notify Us otherwise in writing. To the extent that e-Tickets are purchased using reward card points any refund payable shall be made in equivalent points.
5.4 We shall endeavour to pay refunds within 30 days of receipt of a refund email but in any event within 30 days after the date of any cancelled Gamefest or within 30 days of any rescheduled Gamefest provided a refund email has been received by Us from You prior to the date of the rescheduled Gamefest.
5.5 These Terms do not and shall not affect your statutory rights as a consumer. For further information about your statutory rights contact Citizens Advice, Consumer Direct (http://www.consumerdirect.gov.uk/) or the Department for Business Innovation and Skills
6.1 Subject to clause 6.4, Our liability to You in respect of any cancellation or rescheduling of a Gamefest, or in respect of any material change to a Gamefest, shall be limited to the refund available to You under Clause 5.
6.2 Personal arrangements including travel, accommodation or hospitality relating to a Gamefest which have been arranged by You are at Your own risk.
6.3 We will not be responsible for any loss, theft or damage of Your personal belongings at a Gamefest, other than caused as a result of Our negligence or breach of statutory duty.
6.4 We are responsible for losses you suffer as a result of Us breaching these Terms if the losses are a foreseeable consequence of Us breaching these Terms. Losses are foreseeable where they could be contemplated by You and Us at the time the Contract is formed between You and Us. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by You and Us such as:
a) loss of income;
b) loss of revenue;
c) loss of profit;
d) loss of data;
e) loss of opportunity;
f) other business losses;
however arising and whether caused by breach of contract, negligence or otherwise.
6.5 Nothing in these Terms excludes or limits Our liability for death or personal injury caused by Our negligence, for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited.
7 USE OF DETAILS AND DATA PROTECTION
7.1 In consenting to these Terms You consent to Our use of the personal information that you provide to Us when purchasing Your e-Ticket, or during subsequent correspondence or communications, for the purpose of processing your purchase inclusive of Our sending such personal information through a data processing agency. Also, if You agree, by leaving the marketing tick-boxes checked, We (and/or one of our group companies) may send You e-mails with details of our products or services We think may be of interest to You. However, You can opt out of receiving further marketing at any time by using the opt-out function in any e-mail You receive from Us, or by contacting Us at firstname.lastname@example.org. We will not share Your personal information for marketing purposes with companies outside the Game group.
8 RESALE/USE OF E-TICKETS
8.1 You may purchase e-Tickets for use by Yourself and others but You may not re-sell any e-Ticket.
9 VOID E-TICKETS
9.1 Any e-Ticket obtained in breach of these Terms shall be void and all rights conferred or evidenced by such e-Ticket shall be void. Any person seeking to use such a void e-Ticket in order to gain or provide entry to a Gamefest may be considered to be a trespasser and may be liable to be ejected and liable to legal action.
9.2 Void e-Tickets are non-refundable.
10 CONDITIONS OF ADMISSION
10.1 The Event Organisers reserve the right to refuse e-Ticket holders admission to the Venue for health and safety, licensing reasons or where an e-Ticket is void without incurring any liability except as provided for under these Terms.
10.2 The Event Organisers also reserve the right to request that e-Ticket holders evacuate or leave the Venue at any point on reasonable grounds and may take any appropriate action to enforce this right. The Event Organisers may, for example but not limited to, remove e-Ticket holders who:
10.2.1 must be removed in the interests of public safety; or
10.2.2 behave in the Venue in a manner which, in the reasonable opinion of the Event Organisers has affected, or is likely to affect, the enjoyment of other visitors; or
10.2.3 use threatening, abusive or insulting words or behaviour or act in an undesirable, inappropriate, harmful, offensive or obscene way or in any way provoke or behave in a manner which may provoke a breach of the peace; or
10.2.4 in the reasonable opinion of the Event Organisers acts under the influence of alcohol or drugs; or
10.2.5 fails, when required, to produce proof of identity or age.
10.3 You must comply with instructions and directions given by Event Organisers’ staff and stewards.
10.4 No refunds will be given to e-Ticket holders who are refused entry or ejected due to their own behaviour as suggested in, but not limited to, the examples above.
11 RESTRICTIONS AND PROHIBITIONS
11.1 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 the Venue is strictly forbidden. Unauthorised recordings, tapes, films or similar items may be confiscated and destroyed. Any recording made of a Gamefest in breach of these conditions shall belong to Game.
11.2 The Event Organisers will not be liable for any loss, theft or damage to confiscated items.
11.3 By attending a Gamefest, e-Ticket Holders consent to filming and sound recording of themselves as members of a Gamefest. Game may use such films and recordings (including any copies) without payment.
11.4 e-Ticket Holders shall not bring into the Venue or display or distribute (whether for free or not) at a Gamefest any sponsorship, promotional or marketing materials.
11.5 Alcohol may only be consumed in public bars and other authorised areas. Smoking is not permitted unless within a designated smoking Area (if any).
11.6 The following are not permitted within the Venue:
11.6.1 animals (with the exception of guide dogs or assistance dogs);
11.6.2 Your own food and drink;
11.6.3 bottles, cans or glass containers;
11.6.4 any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives);
11.6.5 any substance which is, or in the reasonable opinion of the Event Organisers is, of a dangerous, explosive or objectionable nature or any naked flames; and
11.6.6 illegal substances.
11.7 The Event Organisers reserve the right to conduct security searches from time to time and confiscate any item which, in the reasonable opinion of the Venue Owner, may cause danger, disruption or a security risk to other attendees of a Gamefest or is one of the items not permitted in the Venue as listed above.
11.8 e-Ticket holders may only re-enter the Venue during a Gamefest at the discretion of the management of the Venue. Otherwise, there will be no re-admission or pass-outs of any kind.
11.9 You shall not at any time obstruct in any way the Venue or park vehicles on the roadways near the Venue and the obstruction of Venue gangways, access-ways, exits, entrances or staircases, congregating in nondesignated areas or seeking entry to areas for which You do not hold an e-Ticket is strictly forbidden.
11.10 e-Ticket holders shall leave Gamefest no later than the time specified on the e-Ticket – 6pm.
12 HEALTH AND SAFETY
12.1 e-Ticket holders must comply with all relevant statutes, safety announcements and Venue regulations whilst attending the Gamefest.
12.2 If e-Ticket holders have any special requirements or concerns about any special effects which may be featured at a Gamefest, they should check with Us before attending about the nature of special effects that may be featured. Special effects may include, without limitation, sound, audio visual effects or lighting effects.
13 DISPUTE RESOLUTION
13.1 If any dispute arises out of these Terms, We will attempt to settle it. To this end We shall use Our reasonable endeavours to consult or negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to both parties.
If We delay or fail to enforce any of these Terms it shall not mean that We have waived our right to do so.
We shall be entitled to assign any of Our rights and obligations under these Terms and Conditions provided that Your rights are not adversely affected.
If it is found by a Court that any of these Terms for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.
17 THIRD PARTIES
Any person, other than the Venue Owner or Event Manager, not a party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms. The Act can give rights under some contracts to third parties who are not parties to those contracts but in this case only We, the Venue Owner, the Event Manager and You have rights and obligations under this contract.
18 FORCE MAJEURE
For the purposes of these Terms, “Force Majeure” means any cause beyond Our control including, without limitation, act 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. 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 Force Majeure.
19 AMENDMENTS AND VARIATIONS
We intend to rely on these written Terms. You should read these Terms carefully before entering into the Contract to ensure that they contain everything that You consider has been agreed. If they do not then you should call Game on Our Customer helpline number: 0871 200 3068. After the Contract has been made, these Terms cannot be varied or amended in any respect unless both You and We agree and it is preferable that this is in writing.
20 ENTIRE AGREEMENT
These Terms constitute the entire agreement between the parties in connection to its subject matter.
21 GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in all respects in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.