Terms and Conditions
DAY 600 LIMITED provides the technical infrastructure to enable online sales by Event Organisers. By using or visiting WWW.FCFILM.NET (the “Website”), you expressly agree to be bound by the Terms and to follow these Terms and all applicable laws and regulations governing the website. DAY 600 LIMITED reserves the right to change these Terms at any time, effective immediately upon posting on the website. If you violate these Terms, DAY 600 LIMITED may terminate your use of the website, bar you from future use of the website and / or take appropriate legal action against you. Unless explicitly stated otherwise, ‘you’, ‘your’ and any variations thereof refer collectively to the Event Organiser, Customers, and any other users of the Website. References to the plural (e.g. “Customers”) include the singular (i.e. “Customer”) and vice versa.
- Who we are
2. Permitted Uses of the Site
3. Registration and Account Security
4. Payment Processing
5. Ticket Delivery
6. Event Listing Processes and Responsibilities
7. Purchasing Tickets
8. Exchanges and Refunds
9. Customer Data
11. Limitation of Liability
- WHO WE ARE
1.1 DAY 600 LIMITED manages the Website on behalf of the Commonwealth Foundation (the “Event Organiser”) for the purpose of selling tickets to the Festival of Commonwealth Film 2018 (the “Festival”) to members of the public (the “Customers”). Tickets are sold through the Website where Customers can search, select and buy tickets online for events.
- PERMITTED USES OF THE SITE
2.1 You agree that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Website for any purpose other than for personal use, to administrate the sale of tickets, or to promote the Festival.
The content and software on the Website is the property of the Event Organiser and is protected by UK and International copyright laws. We post the relevant legal notices and credits on this website. You are not permitted to remove any such notices or credit, or any additional information presented in respect of copyright.
2.2 Website Content
DAY 600 LIMITED is not liable or responsible for any content on the Website. The contributions of third parties do not necessarily represent the view or opinions of DAY 600 LIMITED.
2.3 Links and Search Results
The Website contains embedded links to, and may produce search results that reference or link to third party sites throughout the World Wide Web. DAY 600 LIMITED has no control over these sites or the content within the sites. DAY 600 LIMITED cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive and will not contain viruses or otherwise impact your computer. By using the Website to search for or link to another site, you agree and understand that you may not make any claim against DAY 600 LIMITED for any damages or losses, whatsoever, resulting from such action.
2.4 Access and Interference and Multiple Browser Windows
You agree that you will not use a robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained therein or for any other authorised purpose, without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or “refresh” transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three second interval.
2.5 Unauthorised Use of the Site
Illegal and / or unauthorised use of the Website, including, but not limited to, unauthorised ticket sales, fraudulent listings of Events by individuals or organisations other than the legitimate Event Organiser; unauthorised framing of or linking to the site, or unauthorised use of any robot, spider or other automated devices on the Website, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
2.6 Violation of the Terms
You understand and agree that in DAY 600 LIMITED’s sole discretion, and without prior notice, DAY 600 LIMITED may terminate your access to the Website, cancel ticket orders or exercise any other remedy available and remove any unauthorised user content, if DAY 600 LIMITED believes that your conduct, or the user content you provide, violates or is inconsistent with these Terms, or violates the law or the rights of DAY 600 LIMITED, the Event Organiser, a client of DAY 600 LIMITED or another user of the Website. You agree that monetary damages may not provide sufficient remedy to DAY 600 LIMITED for violations of these Terms and you consent to injunctive or other equitable relief for such violations. DAY 600 LIMITED is not required to provide any refund to you if you are terminated as a User because you have violated these Terms or any of DAY 600 LIMITED’s rights.
- REGISTRATION & ACCOUNT SECURITY
If you provide any information that is untrue, inaccurate, not current or incomplete, or DAY 600 LIMITED has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DAY 600 LIMITED has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Website.
During the Website registration process, a unique account and password will be created. It is your responsibility to maintain the confidentiality of the password and account and you are fully responsible for all activities that occur under your account, including without limitation, all actions by sub-users registered under your account. The Event Organiser must immediately notify DAY 600 LIMITED of any unauthorised use of your password or account or any breach of security. DAY 600 LIMITED cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorised access to or use of your account.
- PAYMENT PROCESSING
There are two types of payment processing options available to you when using the Website system:
- PayPal payment processing. Credit/debit card and PayPal account bookings processed online via PayPal’s merchant services gateway. Income is held in a PayPal account and will be transferred to the Event Organiser, less any and all applicable booking, delivery and transaction fees, at the conclusion of the Festival.
- Stripe payment processing. Credit/debit card bookings processed online or in-house via DAY 600 LIMITED’s Stripe merchant services gateway. Income is deposited to DAY 600 LIMITED’s bank account less any and all applicable booking, delivery and transaction fees, and will be transferred to the Event Organiser at the conclusion of the Festival.
4.2 Collection of Monies
You authorise DAY 600 LIMITED to accept PayPal, Mastercard, Visa, American Express and Maestro cards and to collect the face price of each ticket. Payment is taken by DAY 600 LIMITED on behalf of the Event Organiser, and will be passed on to them at the end of the Festival. For all intents and purposes, the ticket sellers in this transaction are the Event Organiser. Any and all claims and disputes arising from transactions through the Website should be directed towards and will be addressed by the Event Organiser.
4.2.1 Transfer of Funds
Once the Festival has concluded, the online sales will then be totalled and transferred electronically to the Event Organiser’s nominated bank account within seven working days of the final performance. The amount transferred will be net of applicable fees and any refunds to be made to Customers as a result of cancellation.
If the Festival is cancelled or postponed or significantly changed from the advertised content, DAY 600 LIMITED will refund Customers directly and shall be entitled to utilise sufficient funds from the ticket proceeds referred to above to enable DAY 600 LIMITED to do this. Notification of cancellation may delay the transfer of funds while confirmation and clarification is sought.
It is not the responsibility of DAY 600 LIMITED to verify bank details but is the responsibility of the Event Organiser to ensure that accurate bank details are provided. DAY 600 LIMITED will not accept any responsibility if incorrect bank details have been provided by the Event Organiser or their account Users and monies owed are paid into the wrong bank account.
4.2.2 Prior Acquisition of Funds
Funds will not be released to the Event Organiser until the Festival has been completed.
A chargeback occurs when a customer disputes a charge on their credit/debit card with our merchant services provider. When a chargeback occurs the merchant services provider will investigate as to whether the charge is to stand or be refunded to the customer.
DAY 600 LIMITED will provide all requested information and documentation to the merchant services provider during the investigation. However if the dispute is upheld and the charge is refunded to the Customer, DAY 600 LIMITED will have every right to seek reimbursement from the Event Organiser for the chargeback amount and any penalty that is incurred by DAY 600 LIMITED as a result of the chargeback. Failure by the Event Organiser to pay the chargeback may result in a legal claim to enforce payment.
Any tickets that are subject to a successful chargeback dispute will be cancelled.
4.2.4 Compliance and Indemnity
Whereas DAY 600 LIMITED is taking payment on their behalf, Event Organiser accepts responsibility for compliance with PCI DSS standards and data protection and the safe handling of payment cards and confidential information. Event Organiser indemnifies DAY 600 LIMITED against any customer claims relating to refunds, errors or failure to refund, chargebacks or double charges.
4.3 VAT Liability
Event Organiser is solely responsible for the accounting and payment of VAT collected through the sale of tickets to HM Revenue and Customs.
4.4 Ticket Sales Management
It is the responsibility of the Event Organiser to ensure that any tickets sold or distributed offline are accounted for online, in order to prevent oversubscription to the Festival and double booking.
- TICKET DELIVERY
Upon completion of a ticket purchase, Customers will be sent a confirmation email free of charge which will serve as their e-ticket to the Festival.
- EVENT LISTING PROCESSES AND RESPONSIBILITIES
6.1 The accuracy of all details and information regarding the Festival including, but not limited to, performance times, ticket prices and seat availability are the responsibility of the Event Organiser. Failure to provide accurate event details (including amendments to an event if the date or time changes) will breach this agreement and DAY 600 LIMITED will be entitled to seek compensation for any direct costs incurred as a result of incorrect event information listed on the Website.
The Event Organiser is responsible for the creation and distribution of automatic discounts and discount codes. The Event Organiser must test their ticket sales to ensure that discount codes and automatic discounts have been set up correctly to provide the correct discount for the applicable event(s), ticket price(s) and validity period. DAY 600 LIMITED will not be held responsible for discount codes or automatic discounts that have been set up incorrectly.
6.2 Copyright Policy
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license of express content, valid defence or fair use exemption to do so. In particular, users who submit user content to the website, whether articles, images, stories, software of other copyrightable material must ensure that the user content they upload does not infringe the copyrights or other rights of third parties (including, but not limited, to trademark, trade secret, privacy or publicity rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used this website as an instrument of unlawful infringement, we will terminate the infringing users’ rights to use and / or access to this website. We may, also in our sole discretion, decide to terminate a user’s rights to use or access to the website prior to that time if we believe that an alleged infringement has occurred.
6.3 Event Specific Terms and Conditions
Tickets are issued subject to the Website terms and conditions however each individual Event or Venue may include their own Terms and Conditions (if applicable), including age restrictions, refund and exchange policy, etc. DAY 600 LIMITED shall not be liable for any failure to disclose Venue terms and conditions that may affect the Customer’s rights or ability to attend the Festival.
6.4 Pricing Errors
If the amount paid by the Customer for a ticket sold through the Website is grossly incorrect, regardless of whether because of an error in a price posted on the Website or otherwise communicated to the Customer and regardless of whether caused by transactional malfunction of the Website or human error on the part of any individual or organisation, DAY 600 LIMITED will have the right to cancel that ticket (or the order for that ticket) and refund the Customer the amount that they paid.
- PURCHASING TICKETS
7.1 DAY 600 LIMITED offers Customers the option to purchase tickets for the Festival online via the Website. Tickets can be added to the Customer’s shopping cart and paid for upon checkout. The site will display the payment due for the tickets specified. The Customer will then be asked to select their preferred method of Payment and having entered and submitted Credit or Debit Card details, the Website system will charge the Card Issuer the appropriate amount. On completion of the transaction, the chosen tickets will be registered in the Customer’s name and they will be sent confirmation of purchase via email.
7.2 Order Confirmation
Order confirmation will take the form of a summary web page at the end of the purchase sequence. This will be followed by an email dispatched to the Customer. Both contain details of the tickets purchased and a unique purchase reference number, which acts as the Customer’s proof of payment and may be used by the Event Organiser as an e-ticket.
If a Customer does not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, it is their responsibility to confirm with DAY 600 LIMITED whether or not the order has been completed, as only the Customer may be aware of any problems that may occur during the purchase process. DAY 600 LIMITED will not be responsible for losses (monetary or otherwise) if a Customer assumes that an order was not placed because they failed to receive confirmation.
Any ticket-holder unable to present confirmation of purchase in the form of a print-out of the email (or web-page equivalent) and valid identification indicating they are the individual named on the confirmation may not be admitted to the event in question, and will not receive a refund.
7.3 Dispatch of Tickets
Tickets will be issued as e-tickets (emailed to the Customer immediately following the successful purchase of tickets and will need to be printed and presented at the venue).
- EXCHANGES AND REFUNDS
8.1 DAY 600 LIMITED cannot issue exchanges or refunds after a booking is placed. If a refund or exchange is requested by a Customer, the Customer is advised to contact the Event Organiser directly to process their request as per the Event or Venue’s own exchange and refund policy.
8.2 Cancelling an Event
If the Festival is cancelled by the Event Organiser (i.e. a cancellation due to circumstances beyond DAY 600 LIMITED’s control), DAY 600 LIMITED will refund the purchase price of a Customer’s tickets less a £1.00 handling fee per transaction.
In the event of a cancellation, the Event Organiser is responsible for notifying Customers. However, DAY 600 LIMITED will use best endeavours to contact Customers by email (using the details provided at the time of booking) advising them of the cancellation and initiating the refund process.
8.3 Event Postponed or Change of Venue
If an Event is moved from its advertised venue and / or the date is changed, tickets already purchased may remain valid should the Customer wish to attend the revised Event. If not, DAY 600 LIMITED will refund the purchase price of a Customer’s tickets less a £1.00 handling fee per transaction. Customers must contact DAY 600 LIMITED no later than the Monday following the event’s revised date.
8.4 Significant Change to Event Line-up
Should the line up or content be substantially changed from that advertised at the time of purchase, then DAY 600 LIMITED will on request refund the purchase price of a Customer’s tickets less a £1.00 handling fee per transaction. Customers must contact us as soon as possible and no later than the Monday following the event’s stated date.
8.5 Refunds requested after the Transfer of Funds
Customers are required to contact DAY 600 LIMITED no later than the Monday following the event to request refunds due to a postponed event, change of venue or significant change to event or line-up. Refunds can then be processed prior to the transfer of ticket income to the Event Organiser. DAY 600 LIMITED will not be able to process refunds after the Monday following the event and Customers seeking refunds for the reasons laid out herein after the Monday following the event will need to contact the Event Organiser.
If customers request refunds of their tickets after ticket income has been transferred to the Event Organiser, the responsibility for the refund will lie with the Event Organiser and all enquiries will be directed to the Event Organiser. DAY 600 LIMITED will not be liable for any refunds once the process to transfer ticket income to the Event Organiser has commenced.
- CUSTOMER DATA
9.1 In respect of any personal data (as defined in the Data Protection Act 1998) the Event Organiser is responsible to ensure that they comply with the Act and continue to comply with any future amendments to the Act and any guidance notes or guidelines issues by the Information Commission.
9.2 DAY 600 LIMITED is dedicated to providing a high quality and secure service to its customers. We are fully PCI DSS compliant and adhere to the EU Data Protection Directive. Our servers are located in the EU.
10.1 The site and its content are delivered on an “as-is” and “as-available” basis. DAY 600 LIMITED disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose.
DAY 600 LIMITED does not promise that the site will be error-free, uninterrupted, or that it will provide specific results from use of the site or any content, search or link on it.
DAY 600 LIMITED cannot ensure that files you download from the site will be free of viruses or contamination or destructive features.
DAY 600 LIMITED will not be liable for any damages of any kind arising from the use of this site, including without limitation, direct, indirect, incidental and punitive and consequential damage. DAY 600 LIMITED makes no guarantee of any specific result from use of this site or use of the DAY 600 LIMITED service.
- LIMITATION OF LIABILITY
11.1 Whilst we endeavour to ensure that the website is fully operational at all times, on those occasions when there are interruptions to service due to essential maintenance, system upgrades, internet service interruptions or any other factors beyond our control, DAY 600 LIMITED will not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, or for lost profits, revenues or business opportunities, even if DAY 600 LIMITED has been advised of the possibility of such damages.
In no event shall DAY 600 LIMITED be liable for any indirect or consequential loss or any loss (whether incurred directly or indirectly) of profit, business, revenue, date, goodwill or reputation.
DAY 600 LIMITED disclaims any and all liability for the acts, omissions and conduct of any third party users, DAY 600 LIMITED or Website users, advertisers and / or sponsors on the site, in connection with the Website service or otherwise related to your use of the site and /or the Website service. DAY 600 LIMITED is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or reference on the site.
Notwithstanding the foregoing, nothing in the Agreement shall be taken to limit or exclude any liability which DAY 600 LIMITED may have that cannot be excluded or restricted by law.
12.1 The Event Organiser and the Customers shall indemnify DAY 600 LIMITED, defend and hold harmless DAY 600 LIMITED and DAY 600 LIMITED affiliated or related companies and their respective joint ventures, successors, assigns, directors, officers, employees and agents and shall keep each of them fully and effectively indemnified against any and all losses, imposed on, incurred by or asserted against them arising from:
- any breach of the Agreement or breach of warranty by the Event Organiser of the acts or omissions of the Event Organiser, your employees, sub-contractors or agents;
- any Event or Venue (other than and to the extent that any losses arise directly from breach of this Agreement by DAY 600 LIMITED or our negligence);
- any breach of copyright or privacy laws or any other applicable law;
- any advertisement, marketing or promotion (other than any material produced by DAY 600 LIMITED), including without limitation the production and placement of fly-posters.
All customer service enquiries to DAY 600 LIMITED should be directed to firstname.lastname@example.org.