Terms and Conditions
1 In these Terms and Conditions, the following terms shall have the following meanings;
This Agreement including the Front Sheet and the Schedules which shall be deemed to form and be read and construed as part of this Agreement;
Black FX is a trading name of Damien Ray Hartshorn.
The capacity of the Venue as the Owner may specify from time to time.
An event which is held at the venue for which tickets are sold by Black FX.
The person, organisation or company staging the event.
The owner of the venue.
Acting on behalf of the venue.
Terms and Conditions
These ticketing terms and conditions governing the issue and use of the tickets.
Tickets or other types of evidence (including electronic tickets) for an event sold by Black FX to you on behalf of the organiser of the Event for the right to occupy space at or to attend an event.
The premises where the event is being held.
You or anybody who is acting with your authority or permission.
2.1 The purchase of this ticket constitutes acceptance of the terms and conditions.
2.2 These terms and conditions should be read carefully prior to purchase and any queries relating to them should be raised with Black FX prior to purchase.
2.3 It is Your responsibility to check Your Tickets are correct. Please check your Tickets on receipt carefully and contact Black FX immediately if there is a mistake.
2.4 Tickets may be sold subject to an age restriction. It is Your responsibility to ensure that you read any notification on Black FX’ website relating to an age restriction. If there is an age restriction You must bring a valid form of ID. A valid form of ID includes an in-date passport or driver licence. The Management may refuse admission if You fail to provide a valid form of ID upon request.
2.5 The Ticket will remain the property of Black FX which has the right to recall the Ticket at any time. Possession of a Ticket does not confer any rights on You to use, alter, copy or otherwise deal with any of the symbols or intellectual property appearing on the Ticket.
2.6 You agree to comply with the rules and regulations of the Venue. Please refer to the Venue’s policies for further details, which are available on the Venue’s website.
Price and Payment
3.1 You pay the price for the Tickets that is displayed on Black FX website at the time that You make Your purchase from Black FX. Purchases are subject to a booking fee, a transaction fee and a non-refundable booking fee.
3.2 No order for Tickets will be accepted until Black FX have received full payment from You.
3.3 Pricing errors – While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of ticket(s) you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid, you will receive a full refund.
4.1 Black FX aims to email the tickets as soon as possible. If You have not received Your Tickets 2 days before the Event, please contact Black FX.
5 Use of Ticket
5.1 The Ticket is issued to You for Your personal use only. You purchase the Ticket in Your personal capacity and not as agent for any third party. You may not sell or otherwise transfer the Ticket to others if prohibited by law, exploit the Ticket commercially or non-commercially or use it for promotional purposes, hospitality purposes, competitions or campaigns.
5.2 Any Ticket obtained in breach of clause 5.1 shall be void and all rights conferred by such Ticket, including the right of entrance, shall be immediately rendered void and withdrawn. The Owner shall have the right to confiscate such Ticket, to deny access to the ticket holder, or to reject anyone who has used such Ticket to gain access, without having any obligation to refund the purchase price to You.
5.3 Black FX shall not be obliged to issue a replacement for any lost, stolen, illegible, defaced or destroyed Tickets, but may do so in its sole discretion. Duplicate tickets are issued at the discretion of the Organiser. Duplicate tickets may not be issued if there is a possibility of both the original and duplicate tickets being used, compromising the licensed capacity of the Venue.
6.1 Entrance to the Event will only be authorised upon presentation of a valid Ticket. Removing any part of, altering or defacing the Ticket may invalidate Your Ticket.
6.2 You must comply with all relevant statutes, health and safety regulations and Venue regulations when attending the Event. In addition, You must comply with all reasonable introductions issued by the Owner during the Event.
6.3 The Owner may refuse admission to the Venue to any person in its absolute discretion, including for health and safety, licensing reasons or where a Ticket is void.
6.4 Black FX reserves the right to refuse admission of any person to the Event if in the reasonable opinion of Black FX admission might be a risk to the safety of other attendees and/or affect the enjoyment of the other attendees and/or the running of the Event, for example if the person appears to be under the influence of alcohol, drugs and/or is acting aggressively;
6.5 Black FX may eject from the Venue any person who fails to comply with the Terms and Conditions or who in the sole opinion of Black FX represents a security risk, nuisance or annoyance to the staging of the Event;
6.6 You may be subject to a search prior to entry to the Venue. Entry will not be permitted to any person who is carrying in his or her possession prohibited items, which shall include but not be limited to, food, drink, chemicals of any kind, bottles, cans, laser pens or weapons of any kind. Such prohibited items shall be confiscated by Black FX and kept by Black FX during the Event for return to the person after the Event. Black FX shall not be responsible for any loss of or damage to such prohibited items during the Event.
7 Cancellation and postponement
7.1 If the Event is cancelled or postponed prior to the start of the Event, You shall be entitled to a refund in the sum of the face value of the Ticket. The booking and transaction fee is non-refundable.
7.2 If the Event is postponed, the Ticket will be valid for the rearranged date. It is Your responsibility to check the date and time of the rearranged Event.
7.3 All advertised Events may be subject to change where reasonably necessary, without prior warning. If there is a material change to the programme of the Event (which in the reasonable opinion of Black FX makes the Event materially different to what You could reasonably expect), then You may be entitled to claim a refund from Black FX. Refunds are not available for changes to supporting acts for an Event.
7.4 Refunds for cancellation or postponement of an Event will only paid to You if You email email@example.com. You must include; the original ticket email and the order confirmation email no later than 2 months after the original date of the Event.
7.5 It is Your responsibility to check if the Event is going ahead as advertised via the Black FX website www.blackfx.co.uk. Black FX will use reasonable endeavours to notify You of a cancellation once we have received authorisation from the Organiser. Black FX does not guarantee that You will be informed of any cancellation prior to the date of the Event.
7.6 The Owner has the right to alter the advertised programme for the Event owing to any unforeseen or unavoidable circumstances and no refunds, exchanges or alternative use of Tickets shall be offered or made available in such circumstances, unless there is a material change as set out in clause 7.3.
7.7 If an Event is rescheduled to another date, your Tickets are valid for the rescheduled Event. If you can’t make the rescheduled date, then you’re entitled to a refund of the Ticket’s face value price.
7.8 If the Event is not rescheduled and goes ahead on its originally advertised date, but you can no longer attend the event, You are not entitled to a refund. You’re not entitled to a refund if a headlining star changes from the ones advertised on a multi artist line-up.
7.9 Refunds do not include any fees charged by a Ticket seller such as booking fees.
7.10 These Terms and Conditions do not affect Your statutory cancellation rights as a consumer. For further information about Your statutory rights contact Citizens Advice, Consumer Direct or the Department for Business, Innovation and Skills.
8 Data Protection
8.1 Black FX complies with the Data Protection Act 1998.
8.2 By purchasing a Ticket, You consent to the processing of Your personal information by Black FX in accordance with this clause 8.
8.3 Your personal information will be used for all purposes reasonably connected with the operations of Black FX, including but not limited to:
8.3.1 providing You with details of upcoming Events, offers and services.
8.3.2 providing You with updates on the latest concessions or any changes to Events.
8.3.3 providing You with information about competitions and Black FX promotional activities.
8.3.4 providing You with merchandise You have requested or providing You with merchandising offers.
8.4 You agree that Black FX may disclose Your personal information to any of Black FX’ professional advisors and such other parties as Black FX considers necessary in the administration of Black FX’ business.
8.5 Black FX will not use or disclose Your personal information other than as set out in this clause 8.
8.6 You will be given the opportunity to unsubscribe from any marketing or promotional communications in the emails you receive.
8.7 If you have any questions or complaints about these terms and conditions or You wish to request copies of Your personal information held by Black FX please contact firstname.lastname@example.org
9.1 Neither Black FX nor the Organiser will be liable for any loss, injury or damage to any person or property howsoever caused, other than caused as a result of negligence of Black FX or the Organiser. Nothing in these Terms and Conditions seeks to exclude or limit Black FX’ or the Organiser’s liability for death or personal injury caused by its negligence, fraud or other type of liability which cannot by law be excluded or limited.
9.2 Black FX or the Owner will not be liable for any delay in performing its obligations as a result of fire, strikes, industrial disputes, weather, acts of terrorism, governmental orders or any other cause beyond its reasonable control. Black FX and the Owner exclude to the maximum extent permitted by the law any liability for loss, injury or damage to persons or property in or around the Venue.
9.3 If Black FX or the Owner fail to enforce any of its rights and obligations under these Terms and Conditions it shall not mean that it has waived its rights to do so.
9.4 Each of the parties agree that it has not entered into these Terms and Conditions in reliance on, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity by any person other than as expressly set out in these Terms and Conditions.
9.5 These Terms and Conditions are governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
Please contact us at www.blackfx.co.uk/contact if you have any further enquiries.
Date of Last Revision: 13 January 2019