Terms and Conditions for Event Tickets
- Definitions: In these terms and conditions, the following words will be given these meanings:
‘Company’ Sundown Ltd and also referred to as ‘Us’ or ‘We’;
‘Event’ refers to a film screening arranged by Sundown Cinema, which is ticketed entry only
‘Site’ refers to the location where the event is being held and also the designated area under the control of Sundown Cinemas.
‘Ticket provider’ refers to a third party used for to process bookings and payment transactions, namely ‘Ticketsource’, www.ticketsource.co.uk
- Interpretation: Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine, and vice versa. The headings contained in these terms and conditions are for convenience only and do not affect their interpretation. References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
- Contract: By purchasing a ticket through this website or via our ticket provider or by using our Facebook account, you agree to these terms and conditions of sale as stated in clause 1. Sundown Cinema reserve the right to make alterations to the programme of events at any time and without notification.
- Amendments to Terms: Sundown Cinema may revise these terms and conditions at any time and update this information. You should therefore verify this page regularly and review the full terms and conditions when making a booking. Your continued use of the website constitutes your agreement to these terms and conditions as amended.
- Payment: Tickets are offered subject to availability. All prices displayed on the website or on our Facebook site are subject to change at any time and without notification. Tickets can be purchased in advance via the ‘Buy Tickets’ button on our website, which connects the user to the ticket provider’s website, www.ticketsource.co.uk, or our Facebook page, www.facebook.com/SundownCine/.
- Cancellation: Events will not be cancelled in the event of poor or inclement weather. In the event that is necessary for us to cancel an event we will notify guests using the email used to book the tickets and post a notification on our website or via social media or by a combination of the above. Sundown Cinema will not held be liable for any incidental costs that occur as a result of cancellation including but not exclusive to costs relating to: travel, hotel, restaurants or food and drink purchases. Sundown Cinema reserve the right to cancel events for any reason. In the event of equipment failure, we may use alternative technology to screen the film, which may include the use of a substitute screen.
- Tickets and Refunds: Tickets are emailed or posted to guests. We cannot guarantee entry without the original purchase reference number and eticket. A charge may apply for replacement tickets. Sundown cinemas reserves the right to ask for identification of an individual and admission to an event may be withheld at the company’s discretion. No refund will be due. The company does not accept responsibility for any losses incurred as a consequence of using Ticketsource for any booking transaction. Tickets are sold for use by the buyer only (and their party) and are not for resale for commercial gain by the holder. We reserve the right to cancel tickets and refuse entry where this condition is breached, or where we have reason to suspect there is a breech. Refunds are only available in the event of a total cancellation where the event cannot be rescheduled and where the transfer of tickets to other events is not possible. Refunds cannot be authorised by event staff and all enquiries should be directed to the Event Manager or emailed to us at email@example.com. All refunds made via the website will be made with 14 days of the cancelled event to the card with which the payment was made.
- Children: Children cannot be admitted to any film where they are under the age of the BBFC rating. Refunds will not be given in the event that a child or group are refused entry due to their age. Parents or Carers are responsible for their child at all times and are expected to show consideration for other guests at the event. Sundown Cinema reserve the right to exclude guests from the event if there are health and safety reasons, or if they are causing a disturbance to others.
- Site Safety: Events take place in the open air and frequently on soft grassed areas. During the showing of a film all external lights will be extinguished until the end of the film screening. Staff are available to assist guests in the event that you need to leave before the lights are switched on. In the event of an emergency, the Event Manager may make the decision to pause the film to allow an incident to be resolved. No animals are permitted within the designated event area under the control of Sundown Cinemas, except trained and approved service dogs.
- Weather: Unless specified at the point of purchase all Sundown Cinema events are held outdoors. Rain, temperature or low winds will not be considered a valid reason for cancellation unless they are considered to be a safety risk to guests, staff, or equipment. Sundown Cinema does not provide cover for guests in the event of rain. However, ponchos may be provided to guests as an additional item of water protection. Guests should always dress with the weather and time of year in mind. Guests who are unable to attend or who choose not to attend an event because of predicted or actual weather are not eligible for a refund if the event goes ahead. Sundown Cinema will not be held responsible for any damage or loss of guests’ property howsoever caused.
- Alcohol and drugs: All alcohol brought on site must be for the consumption of over 18’s only and under no circumstances be offered for sale. Where alcohol is not permitted on site, we reserve the right to request a search of customers bags and prevent the admission of guests carrying alcohol or suspected of carrying alcohol. Guests that become inebriated may be asked to leave the event and premises. Anyone suspected of taking or under the influence of illegal drugs or legal highs will not be admitted and/or will be removed from the venue.
- Prohibited items: The use of your own music system including mobile phones, laptops and tablets is not allowed within the designated event area during the event period. No fires or barbecues are permitted on the event site.
- Guests property: Vehicles and guests’ property are brought on to the event site at your own risk. Sundown Cinema does not accept responsibility for any loss, damage or theft of any item. Sundown Cinema will not be held responsible for any damage or loss of guests’ property howsoever caused.
- Discount codes, competitions and offers: Discount codes are made available periodically and can be withdrawn by the company at any time. Discount codes cannot be used in conjunction with any other offers or applied retrospectively. Possession of a discount code does not guarantee availability or validity of any particular code. Sundown Cinema reserves the right to determine the validity of a code and whether to accept its use. The sharing of discount codes without written permission of Sundown Cinema is prohibited and we reserve the right to cancel tickets purchased using harvested or shared codes. No cash alternatives apply in place of discounts, gifts or offers. We may withdraw or restrict the use of any codes at any time. Competition tickets remain the property of Sundown Cinema and can be withdrawn by Sundown Cinema at any time. The decision of Sundown Cinema in all competitions is final and no correspondence will be entered into.
- Copyright: It is illegal to copy or film copyrighted material including but not exclusive to the main feature film, any previews and any music played. We reserve the right to remove any guest suspected of copying material using any device.
- Confidentiality: Your personal information will be handled with the upmost confidence. Sundown Cinema will adhere to all national and EU data protection, data transfer, data retention, and confidentiality regulations and always stores data sent to us in a secure manner.All personal and sensitive information that you send to us or forms part of our communications, will be kept confidential and will not be given to any unauthorised third parties except as required by law.
- Disclaimer: Sundown Cinema will not be liable if for any reason this website is unavailable for any period. Access to the site may be suspended temporarily or permanently at any time and without notice. Cinemas makes no guarantee of any specific result from use of this site. Sundown Cinema disclaims any and all liability for the acts, omissions and conduct of any third party users. We do not guarantee that our site is secure or free from any worm or viruses. You must not transmit any worms or viruses or any code of a destructive nature either onto the website or using the website in any capacity. We will not be liable for any damages of any kind arising from the use of the website, including without limitation, direct, indirect, incidental and punitive and consequential damage.
- Legal Liability: Sundown Cinemas takes every effort to ensure that information contained on our website is accurate. However, no liability is accepted arising from reliance upon information contained on these pages or any other information accessed via this website. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. As required by law, our liability is not limited in the event of death or personal injury caused by our negligence or in relation to fraud or fraudulent misrepresentation.
- Force Majeure: While every effort will be made by the Company to fulfil your order, where accepted, the full performance of this contract is subject to variation or cancellation by the Company consequent upon an act of God, war, strikes, riots, lock-outs or other labour disturbances, fire, flood, restrictions of the use of transport, fuel or power, requisitioning, shortage of material or transport or labour or any other cause beyond the control of the Company. In the case of extreme bad weather conditions, the company reserves the right to cancel the event and offer an alternative date or film screening.
- No Waiver: No failure or delay by Sundown Cinema in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver of a breach of any provision of the terms and conditions shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
- Severance: If one or more of the provisions of these terms and conditions is found to be unlawful, invalid or otherwise unenforceable, those provision(s) shall be deemed severed from the remainder of these terms and conditions and shall remain enforceable.
- No Partnership: Nothing in these terms and conditions shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship other than the contractual relationship expressly provided for in these terms and conditions.
- Third Parties: No part of these terms and conditions shall confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply.
- Contact: Sundown Cinema is the trading name of N Hunter. We can be contacted by email to firstname.lastname@example.org or call 0333 666 3366.
- Jurisdiction and Governing Law: These terms & conditions and all disputes, whether contractual or otherwise, arising out of or in connection with them are governed by and shall be construed in accordance with the laws of England and Wales and each party submits to the exclusive jurisdiction of the English courts.
These terms and conditions were last updated on: 29 January 2018
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© 2018 Sundown Cinema
This policy was last updated: 29 January 2018
This policy explains how Sundown Cinema will handle the privacy of your information. We are committed to maintaining robust privacy protections for all our users. We will take the necessary steps to ensure that users information is safeguarded and kept in accordance with all applicable laws and regulations.
Our full terms and conditions are available at https://www.sundowncinema.co.uk/terms/
What information do we collect?
The information that you provide us with may be collected and processed by us in accordance with the Data Protection Act 1998 and subsequent legislation.
Information you provide to us
We have a ‘Contact Us’ page which enables you to call or email us. We will usually ask for your name, phone number and/or email, so that we can contact you again and provide details of our services to you, as well as deal with general company enquiries. Data collected is held on the grounds of legitimate business interests or to fulfil a contractual obligation.
If you choose to subscribe to our newsletter you will receive news of our events and other related information and offers, by email. Your email address will be stored by us in order to provide this service. Data is held on the basis of being a legitimate business interest. You can opt-out of receiving our newsletter at any time by emailing us at email@example.com
If you choose ‘subscribe to our mailing list’ you will receive news of our events and promotions and other relevant information or offers in relation to Sundown Cinema. We ask for your first and last names, email and postcode in order to contact you with this information and to enable us to evaluate the effectiveness of our campaigns. You can unsubscribe from the mailing list by emailing us at firstname.lastname@example.org. The mailing list is not sold or made available to any third parties except in accordance with the provision of services under our terms and conditions.
We use social media to engage with users and the Sundown Cinema website links to our Facebook and Twitter pages. We do not keep any specific data that identifies an individual user, but hold details of our followers on these platforms.
Information we get from other sources
From time to time, we may need to obtain information from third parties about you. This will only apply where it is necessary to provide our services to users and as permitted by law.
How we use your personal information
Your information will be used by us to enable us to provide our services to you. We act as a Data Controller of your information and undertake to protect your personal and sensitive data in a manner that is consistent with the requirements of the Data Protection Act/General Data Protection Regulation (GDPR). We will take reasonable measures to ensure the secure storage of your data.
- administer the website;
- improve your browsing experience by personalising the website;
- follow up with correspondence, email enquires;
- send you general (non-marketing) communications;
- send you email notifications which you have specifically requested;
- send to you marketing communications, where expressly agreed;
- provide third parties with statistical information about our users – but this information will not be used to identify any individual user;
- ask for feedback and review products and services;
- deal with enquiries and complaints made by or about you relating to the website.
Users of this website do so at their own discretion and provide any such personal details at their own risk.
We don’t share, sell, or distribute your data to third parties, except as provided in this Privacy Notice. Your data may be shared with subcontractors working on our behalf, who acts on our instruction in relation to the management of your data and must adhere to all data protection laws and regulations.
We will only send you emails about our products and services (i.e. direct marketing) with your express consent. You have the option not to give consent and to withdraw consent at any time. You may withdraw your consent for us to contact you by contacting us at email@example.com
We may disclose your personal information if we are required to do so by law, in connection with any legal proceedings, and in order to establish, exercise or defend our legal rights, or if otherwise legally permitted.
Retaining your data
We keep your personal information in accordance with our Data Retention Policy which reflects our needs to provide services to you as contracted and also as required to meet legal, statutory and regulatory obligations. The need to hold information is regularly reviewed and information/data will be disposed of when no longer required.
Sundown Cinema cannot guarantee or verify the contents of any externally linked website and users click on external links at their own risk. Sundown Cinema and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.
Social media platforms
Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are subject to our terms and conditions as well as the privacy policies held with each social media platform respectively.
Users are advised to use social media platforms wisely and communicate and/or engage with them with due care and caution in regard to their own privacy and personal details. This website nor its owners will not ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
Sundown Cinema uses social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised that before using such social sharing buttons, that they do so at their own discretion, and should consider that the social media platform may track and save requests to share a web page, through the users’ social media platform account.
Data Subject Rights
Subject Access Requests
The General Data Protection Regulation (GDPR) gives individuals, known as ‘data subjects’, the right to access personal data that is held by organisations by a subject access request (SAR). We will endeavour to respond quickly to any such requests, which legally require us to respond within one month of receiving the request and necessary information. We have a formal request form to deal with SAR requests that can be accessed on our website, www.sundowncinema.co.uk or by emailing us at firstname.lastname@example.org. You will need to tell us how we acquired the information and in what form.
Right to Rectification
Data subjects have the right to request that we amend or change personal information that we hold about you, that is inaccurate or incorrect.
Right to erasure
Data subjects have the right to ask us to delete personal information from our systems without giving any reason and at any time. We will act on any request without delay.
Right to restrict processing
Data subjects have the right to rectification or erasure of personal data in the following circumstances:
- Personal data is not accurate;
- The processing of data is unlawful. Data subjects may request that processing is restricted;
- Data is required to exercise legal rights or defend legal claims;
- Data is unlawful but there may be lawful grounds for processing, which override this right.
Right to data portability
Data subjects have the right to obtain and transfer their data to different service providers.
Right to object
Data subjects have the right to object to the processing of data at any time based on their particular situation. This includes objecting to profiling unless it is in the ‘public interest’ or exercised lawfully by an official authority. We will only process data where we can demonstrate lawful grounds for doing so.
Right not to be subject to decisions based on automated processing
We do not use any automated processing that results in any automated decision based on a data subject’s personal information.
Using your rights
If you wish to invoke any of these rights, you can contact our Data Controller by email to email@example.com
Questions and queries
If you have any concerns about how we handle your data, you can contact the Data Controller by writing to Sundown Cinema, 107 Ferme Park Road, London N8 9SA or by email to firstname.lastname@example.org
Changes to this policy
If you have a complaint about the use of your data you can contact us by email to email@example.com. Alternatively, you can formally report an issue of concern to the Information Commissioner’s Office, the UK body that governs Data Protection. See https://ico.org.uk
Third Party Rights
Jurisdiction and Governing Law
© 2018 Sundown Cinema
Competition Terms And Conditions
- These are the terms and conditions which apply to any competition, prize draw or promotion which we or our promotion partners may run, whether on our or their websites, social media platforms or otherwise (‘Promotion’).
- By entering a Promotion you agree to be bound by these terms and conditions along with any other Specific Rules which relate to a Promotion. Specific Rules might include entry instructions and any other specific details, rules or conditions relating to a particular Promotion, and might be published on our or our promotion partners’ website, social media platforms, or may be found in any other media which features a Promotion. The Specific Rules will usually (but may not always) refer to these terms and conditions.
- In these terms and conditions, ‘we’, ‘us’, ‘our’ and ‘Promoter’ all mean Sundown Cinema, 107 Ferme Park Rd London N8 9SA United Kingdom. Our ‘promotion partners’ are third parties who operate promotions with us or on our behalf.
Start and end date/time
- Each Promotion will start immediately (i.e. as soon as it is first promoted), unless a later start date/time is specified. The closing date/time for a Promotion will be made clear in the Specific Rules or the relevant promotional materials. All times will be based on UK time.
Entering a Promotion
- Each Promotion will be open to individuals who are UK or Isle of Man residents and aged 18 or over unless the Specific Rules or other promotional materials or announcements specify a different geographic region or a different minimum age.
- In any event, our employees, agencies, licensees, freelancers, contractors (and those of any of our promotion partners, associated companies or prize providers) and their immediate family members or households (whether related or not), and anyone else professionally involved with the relevant Promotion, are excluded from entering and from winning (‘Excluded Individual(s)’).
- To enter, follow the entry process for the relevant Promotion, which will usually be explained in the Specific Rules and/or promotional materials or announcements. We cannot guarantee entry for mis-spelt, corrupt or ineligible entries. Entries received outside of the opening and closing times of the Promotion will not be accepted.
- You may only make a maximum of one entry into each Promotion (unless the Specific Rules for a particular Promotion expressly set a higher maximum number of entries for that Promotion).
- If you are ineligible to take part in the Promotion (e.g. because of age restrictions), your entry cannot be transferred to anyone else. Another entrant will be selected from the pool of entries in accordance with the Promotion’s Specific Rules.
- There is no charge to enter a Promotion unless stated otherwise. However, if entry is made via text message, MMS or telephone call, your network provider will usually charge according to their standard rate or deduct it from your allowance.
- We accept no responsibility for entries that haven’t reached us – for example, postal, telephone, text message, online or social media entries not received as a result of network incompatibility, technical faults or for any other reason.
- For each Promotion, there will be only one grand prize winner unless otherwise specified.
- Unless otherwise specified in the Specific Rules:
- In the case of a prize draw, winner(s) will be selected at random. This will be done by an automated process or a process which will be conducted or supervised by an independent person, or as otherwise mentioned in the Specific Rules.
- In the case of a competition, where appropriate winner(s) will either be selected by (a) an independent judge or (b) a panel of judges which includes at least one independent judge.
- If you win a prize, we will notify you within twenty-eight (28) days of the end date of the Promotion. To claim the prize, respond to the notification within the deadline set out in the Specific Rules or the notification (or within 28 days if no timeframe is set in the Specific Rules or the notification) and follow the instructions which will be provided to you.
- The prize or prizes will be as described in the relevant Specific Rules. Imagery may be for illustrative purposes only and minor details may vary.
- Each prize is non-transferable, non-refundable and no cash alternative is available. Unless stated otherwise in the Promotion’s Specific Rules, the prize will only be fulfilled to the winning entrant’s school and/or that school’s PTA group. We will not be able to transfer or deliver prizes to anyone else, including family members or other Promotion entrants, at the winner’s request.
- If we consider it necessary or appropriate, a prize or prizes (or part thereof) might be varied or swapped for a suitable alternative which will be decided in our sole discretion.
- The prize or prizes does not include any additional costs apart from what is specified in the Specific Rules. This means, for example, where the prize involves staff/equipment delivery, we reserve the right to charge for travel and/or overnight stay for the service and crew where we see it necessary.
- The winning entrant’s school and/or that school’s PTA group is solely responsible for any licenses and permissions required for their event where the prize is used.
- Availablility is subjective to access. This means, for example, that the location for the event has to be suitable to bring the screen onsite. Our LED Screens arrive on either a purpose built truck or trailer towed by a 4×4. and measure approximately 4.7meters by 2.7 meters and lift off the ground so they rise approximately 3meters.
- If you fail to claim the prize within the time-limit or fail to comply with any other instructions or time-limits notified to you or provide us with incorrect or fraudulent information, you will forfeit your right to the prize. We will then select an alternative winner. You’ll need proof of your ID, age and address to claim a prize.
- You will not be entitled to receive a prize which, for any reason, you would be prohibited by law from purchasing, using, owning or possessing.
- The prize cannot be used in conjunction with other offers, promotions or prizes.
- Third party terms and conditions apply to parts of a prize where applicable. For example, where the Prize contains ticket(s) to an event, you and any guest or travel companion will not only be bound by these terms and conditions and the relevant Specific Rules, but also the event organizer and venue owner’s rules and any terms and conditions set out on the ticket.
- Unless otherwise stated in the Specific Rules, you may not win more than one prize per Promotion and we reserve the right to withhold or reclaim any second or subsequent prize.
Use of your entry
26. By entering a Promotion or submitting a video, image, audio file or any other materials in relation to a Promotion (including as part of the entry process or as part of a prize) or if you tag or mention us directly or indirectly in any photo, video or content in connection with the Promotion, you agree that we can re-post, re-tweet, publicise and otherwise use that photo, video or content (with or without any accompanying comments and information like your handle and profile pic). You agree that we can do that via the same platform(s) that you posted or shared the photo, video or content, as well as via other social networks and platforms that we use, and on our websites. However, we will never sell or charge anyone for copies of your photos, videos or other content (without your approval).
- By entering a Promotion or submitting a video, image, audio file or any other materials in relation to a Promotion or prize you are granting us a worldwide, perpetual, royalty free licence in the Intellectual Property Rights (e.g. copyright) in any or all of them.
- You waive your moral rights in relation to the same.
- You agree not to use all or any of them in connection with a competitor of ours.
30. You warrant and undertake (i.e. guarantee), that:
i) you own and control all of the rights in your entry, and you have the right to grant the rights set out in these terms and conditions and any Specific Rules;
ii) your entry is personal and related specifically to you (e.g. if you are required to tell a story for your entry, it must be truthful and it must be about you – unless stated otherwise in the Specific Rules);
iii) you have obtained written consent from anyone featured or mentioned in your entry, and your entry (and our and any third party’s use of it) does not and will not infringe the rights of any individual or business (including any intellectual property rights, moral rights, right to privacy, confidentiality, etc.);
iv) your entry does not violate any applicable law or regulation;
v) your entry does not contain anything which is indecent, untrue, defamatory, unlawful, hateful, threatening, demeaning, inappropriate, obscene, malicious or which is in contempt of court;
vi) your entry will not cause any kind of harm or damage and does not (to the best of your knowledge or belief) contain any virus, malware, spyware or similar.
31. All rights relating to the Promotion (including the name, title and format) are owned by the Promoter.
32. You will sign such document as we reasonably request, at no cost to us, to confirm any or all of the above.
33. Unless otherwise stated, your entry will not be returned to you.
34. Your personal data, and the personal data of any guest or travel companion, will be collected and processed by us, our licensees and the promotional partners named in the Specific Rules, as well as the prize providers, in order to administer this Prize Draw.
- We will also use entrants’ personal data for marketing purposes where consent has been provided. Personal data may be transferred and processed outside of the EEA. For more details of our use of personal data please read our Privacy Statement.
- Your entry or participation in Promotion and/or Prize is at your own risk. If the Promotion or prize requires that you undertake any physical activity please ensure, before entering the Promotion, that you are in good health, that you have informed us before or at the time of claiming the prize of any underlying medical condition, physical or other impairment or medication you are taking which may be relevant and which could adversely affect your use or enjoyment of the prize, or ability to claim the prize. You must notify us immediately if you become ill or become aware of any other relevant medical or health and safety information which could affect your participation in a Promotion and/or prize. If you have a disability, please make this clear to us when you claim the prize, so we can consult with you well in advance of the prize and make such reasonable adjustments as are practical and within our reasonable control, based on all the circumstances, to ensure that you can enjoy the prize to the fullest extent.
- If we consider that you or your entry are in breach of these terms and conditions, or if we have grounds to suspect any entrant or third party of cheating, deception or fraudulent or unsportsman-like conduct of any kind (including, without limitation, manipulating a Promotion, choice of prize winner(s) or any entry), without limiting the options available to us, we reserve the right in our sole discretion (and without us incurring any liability) to disqualify any entrant, entry or person we reasonably believe to be responsible for, or associated with, such activity. We also reserve the right to disqualify you from a Promotion and/or prize (without us incurring any liability) if in our reasonable opinion you or your guests or travel companions conduct yourselves in a way which is abusive or which exposes you or others to any medical, security, safety or similar risk whatsoever (including if you are intoxicated or abusive in any way). You agree that you will not do anything which is likely to bring us or any of our promotion partners into disrepute or which might adversely affect our reputation or the Promotion. If you are disqualified prizes may be withheld or withdrawn. You will not be compensated and you may be required to pay any costs incurred. Another entrant or winner may be selected at our discretion to take part in the Promotion and win the prize.
- Save that nothing in these terms and conditions limits or excludes our (or any third party’s) liability arising from fraud or from death or personal injury caused by negligence or any other type of liability which may not be limited or excluded by law, to the fullest extent permissible by law, we (and the promotion partners and any providers of a prize) (a) shall have no liability in relation to any act or omission of any third party and (b) exclude all liability to you and anyone else for any indirect loss, damage or harm of any kind arising from or in connection with the Promotions and prizes and your use or enjoyment of them. For example, if you book or take time off work with the intention of taking up a prize (e.g. an event) on a particular date, and the event is subsequently postponed, changed or cancelled, we would not be responsible for covering your wages or salary for your missed day of work on that day or any other day off you take. This is only one example and is not intended to limit the general interpretation of this clause.
- In no event will our and/or the promotion partners’ total aggregate liability to you exceed the cost of the prize.
- Unless otherwise expressly stated in the Specific Rules, the Promotions are in no way sponsored, endorsed or administered by, or associated with any social media platform (including without limitation Twitter, Facebook, Instagram or YouTube). You hereby release all such social media platforms from any liability. Any questions, comments or complaints regarding this Promotion must be directed to the Promoter only, and NOT to any social media platform.
- We reserve the right to withdraw or amend any Promotion, Specific Rules and/or these terms and conditions if we consider it necessary or appropriate to do so for reasons beyond our reasonable control or if there has been a broadcasting or printing error, etc. Any changes will be posted here and/or on our website.
- When entering a Promotion or claiming a prize you must use your real name. You may be required to provide us with proof of your identity, address and eligibility on request. Failure to provide adequate information (or to adequately prove eligibility) may result in your disqualification and/or withholding or withdrawal of a prize.
- Unless the Specific Rules state otherwise you can only enter each Promotion once. Even where multiple entries are permitted, we will not tolerate any attempts to excessively manipulate the outcome in any of our Promotions. No bulk, automated, machine assisted, third party, syndicate or other group entries will be accepted. You may not use multiple devices (e.g. mobile phones) to enter any Promotion either as an individual or as a group or syndicate. We will disqualify any entries which, in our reasonable opinion, appear to have used any of these entry methods – this may include entries from the same IP address, telephone number, or similar. You may not enter a Promotion if you have been given the answer(s) or any other relevant information in relation to the Promotion, directly or indirectly by any Excluded Individual.
- For Promotions involving online voting, only one vote for each valid email address will be accepted. We reserve the right to disqualify any entrant making, or attempting to make, multiple votes, and to disregard any votes which we, in our sole discretion but acting reasonably, consider to be suspicious, fraudulent or attempting to excessively manipulate the outcome of the vote.
- You agree to keep confidential any information which you know or reasonably ought to know is confidential and which relates to us, our business, the Promotion or prize.
- If Specific Rules contain a rule which directly contradicts these terms and conditions, to the extent of that contradiction the Specific Rules will override these terms and conditions for that Promotion. Otherwise, these terms and conditions will continue to apply in their entirety.
- In these terms and conditions, any Specific Rules and promotional materials, examples are given to help illustrate some terms, they are not exhaustive and do not limit those terms in any way.
- In the event of any dispute, our and any judges’ decisions are final, and no correspondence will be entered into.
- So that we can ensure the fairness of our Promotions, we reserve the right to prevent you, at our absolute discretion, from entering any of the Promotions for a period of six months (“Exclusion Period”) if you have either (A) won a prize valued at £1,000 or above, or (B) won more than one prize during the previous six months. If we choose to exercise this right, we will notify you in writing. If you continue to enter any Promotion during the Exclusion Period, we reserve the right, at our absolute discretion, to disregard your entry, remove prizes and impose a further exclusion period of twelve months from the date of your last entry attempt. Entry fees (if any) will not be refunded. We reserve the right to disqualify your mobile phone number from future Promotions during this Exclusion Period.
- If you breach these terms and conditions, we reserve the right to disqualify you from a Promotion and/or withhold or withdraw a prize. You will not be compensated and you may be required to pay any costs incurred. Another entrant or winner will be selected to take part in the Promotion and win the prize.
- These terms and conditions, together with the relevant Specific Rules, represent the entire agreement between you and us in relation to the Promotion and the prize. The invalidity, illegality, or unenforceability of the whole or any part of the terms and conditions or any Specific Rules does not affect the remainder of these terms and conditions or any Specific Rules, which will remain in full force and effect. These terms and conditions and the Specific Rules do not create any right or benefit enforceable by any third party.
- The Promotion, and these terms and conditions, are governed by English law, and any disputes arising in connection with them shall be subject to the exclusive jurisdiction of the English courts.
Terms and Condition for Hire of Equipment and Support Personnel – last updated on: 5 December 2022
- About Us
In these Terms, the following words will be given these meanings:
‘Company’ refers to Sundown Limited and its trading names, ‘Us’ or ‘We’;
‘Hirer’ refers to you, the organisation, group, association, any corporate body or individual who agrees to hire the equipment. Also referred to as ‘You’;
‘Hire Agreement’ refers to these Terms.
‘Site’ refers to the location where the Hirer intends to use the hired equipment.
‘Support Personnel’ refers to the use of labour supplied by the Company.
Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine, and vice versa.
The headings contained in these terms and conditions are for convenience only and do not affect their interpretation.
References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
- Booking process
The Company will provide a non-binding quotation to parties interested in arranging the hire of equipment and support personnel if applicable. To proceed with the booking, you are required to accept these Terms, together with any other terms presented as part of the quotation and make payment of the reservation fee (see point 10). Once we have received your written acceptance and payment of the reservation fee, we will confirm the booking and you will be contractually bound (“Contract”).
- Period of hire
The period of hire means the period from which the equipment is loaded by Sundown for delivery to the Hirer, until the equipment is redelivered to Sundown, unless otherwise stated in the Contract. If you wish to extend the period of hire you must contact us as soon as possible (and before redelivery); extra charges may apply.
All equipment on hire remains the absolute property of Sundown. The Hirer shall have no authority to transfer or otherwise part with possession or ownership of the equipment during the period of hire or at any other period.
The Hirer will satisfy himself on taking possession of all equipment that it is in good working order and in undamaged condition. Complaints about the service, as to shortage or damage of goods or the state of the equipment need to be made before the delivery crew leave site otherwise the Hirer is deemed to have accepted the equipment in good working order. Complaints of any nature received on return of goods or after an event cannot be entertained. Complaints about third party companies will not be entertained; this must be taken up with the third party only.
The Hirer will provide adequate and appropriate insurance to cover the full, new for old replacement cost of the equipment in the case of any damage to the equipment. In all circumstances the Hirer remains liable to pay hire until the equipment is returned to the Company in accordance with these Terms.
The Company reserves the right to call upon, and contract any third
parties to undertake work on behalf of the Company and the Hirer where it deems reasonably necessary to do so. The Company does not take any responsibility for work undertaken by third parties, and any complaints must follow the complaint terms below. Costs and charges of any third party shall paid by the Hirer.
- Support personnel
The Hirer may choose to use personnel supplied by the Company to set-up or operate the hired equipment, or provide other support at the Hirer’s event. The Hirer is responsible for the hired equipment as set out below, and will be liable for all equipment after any support given is signed-off or otherwise agreed.
- Hirer obligations – requirements of site
The Hirer warrants to the Company that the site on which the equipment is to be erected or the location for delivery of goods is;
- a) Flat level firm ground with easy access for heavy motor transport and;
- b) Has no drain pipes, cables or other services buried beneath the surface or otherwise concealed.
If the site does not comply with these requirements the Company may at its sole discretion either rescind the Contract by giving verbal or written notice to the Hirer, or require the Hirer to elect an alternative suitable site, or give the Hirer a period of time to make the site suitable for the equipment. The Company may impose (and require pre-payment of) additional hire charges which the Hirer shall pay.. The Company shall not be liable for any loss, damage or expense resulting from such rescission of the Contract.
(ii) Liability for damage to site and services
The Company has no relationship with the owner and/or user of the site, whether contractual, tortious or otherwise. Whether the site complies with the foregoing requirements or not, the Company shall not be under any liability whatsoever to make good any damage to the site nor shall the Company be under any liability whatsoever in respect of damage to fixtures, fittings, drains, pipes, or cables, or other services buried under, or around the site, or otherwise concealed or any consequential loss resulting from such damage unless an accurate plan showing the precise position of such fixtures fittings drains pipes or cables or other services shall have been supplied to and accepted by the Company. The Hirer shall indemnify the Company for any claims brought against the Company by third parties in relation to the above, and/or replace the Company in any claim or litigation at the Company’s election.
(iii) Positioning of equipment
The Hirer shall provide the Company with a plan showing the position in which the equipment shall be erected or alternatively shall have a representative on the site for that purpose. If the Hirer shall fail to provide a plan or have a representative on the site the Company may erect the equipment where it considers appropriate given the information available and it shall be deemed to have performed the Contract. Additional charges will apply if the Company is unable to erect the equipment because the Hirer is not on site as arranged and it is a wasted journey. Deliveries left at unattended premises are left entirely at the Hirer’s own risk.
- Amendments to Terms
Sundown may revise these Terms at any time and update this information. Any changes made shall automatically apply to your Contract. You should therefore verify this page regularly and review the full Terms in force.
The Company reserves the right to charge a non-refundable reservation fee/deposit of at least 25% of the total cost of a booking, or a minimum of £250 excluding the applicable rate of VAT. Payment of the reservation fee reserves the equipment for the agreed period and the Company will make suitable arrangements for support personnel to attend if applicable. The cleared balance of the total charge must be received 14 calendar days prior to the booked date of hire.
A booking will not be a confirmed booking until full payment has cleared. If full payment is not cleared at least 14 calendar days before the event, the Company may elect to cancel the Contract, retain the deposit and require payment of the cancellation fees (and any other costs incurred) as set-out below.
10 (a) Late Payments. Payments are subject to statutory late payment charges as defined by the Late Payment of Commercial Debts (Interest) Act 1998.
10 (b) Discounts. Discounts (if offered) are conditional upon payment by the Hirer in accordance with these Terms. Late payment will automatically render any discount null and void, and result in charges being revised to their full rates in addition to any late payment charges.
10 (c) Administration Fees. A charge of £25 will be made for each communication relating to late payment. This includes but is not exclusive to electronic, paper or telephone communications and will be charged for the drawing up of late payment invoices and communications chasing payment. These are in addition to any statutory fees, court or debt collection costs.
Sundown reserves the right to terminate the Contract immediately and in writing or verbally, in the following circumstances (i) failure (or anticipated failure) of the Hirer to pay any sum due under clause 10; (ii) the Hirer is or will be (in Sundown’s opinion) in material breach of any of these Terms; and (iii) the Hirer is in liquidation, or may be wound up due to insolvency.
Upon termination, all outstanding charges shall immediately be paid to Sundown, any equipment shall be redelivered to Sundown (at the Hirer’s time and expense), and Sundown may require pre-payment from the Hirer of the anticipated hire and/or charges to be incurred until the equipment is redelivered to Sundown.
- Loss or damage
The Hirer shall be solely responsible for all equipment hired from the time of delivery until redelivery of the equipment to the Company. The Hirer is solely responsible for the safe custody of the Company’s equipment on the site and will make good to the Company all loss or damage to the Company’s equipment hired or used on the site (other than fair wear and tear) including but not limited to breakages, damage and loss due to theft or burglary
No guarantee shall be given that equipment will be removed the day following the Hirer’s event – Hirer remains liable for charges until the equipment is redelivered to Sundown We cannot accept any items in place of those supplied.
The Hirer is responsible for the protection of the equipment from artificial and natural heat and moisture including (but not exclusive to) sunlight, rain, liquid ingress and other similar occurrences. Electrical equipment must be kept free from moisture at all times.
FAILURE TO FOLLOW THESE INSTRUCTIONS COULD CAUSE SERIOUS HARM OR DEATH IN ADDITION TO EQUIPMENT FAILURE.
By entering into the Contract the Hirer and its employees, agents and servants have the suitable skills, knowledge and safety training to operate the equipment. It is the Hirer’s responsibility to make sure that all personnel using the equipment are properly instructed and competent in its safe and correct use and that they are in possession of all instructions supplied by us. The Hirer is responsible for ensuring that any checks, testing, examinations of the equipment required by employment and health and safety legislation, including but not limited to the Health and Safety at Work Act 1974 and/or any operating instructions the Company provides are carried out after delivery and for so long as the equipment remains under the Hirer’s control.
The Company will not be responsible for, and the Hirer will indemnify the Company against all claims for injury to persons or loss of or damage to property howsoever caused unless it is proved that such injury or damage be caused by gross negligence or wilful misconduct by the Company.
- Company’s Liability
The Company will not be liable for any claim unless such loss is directly caused by the Company’s wilful negligence or gross misconduct. In no circumstances will the Company be liable for indirect losses, including (but not limited to) loss of profits, loss or opportunity or loss of use. In all circumstances the Company’s liability shall be capped at the hire charges paid by the Hirer under the Contract.
The hire charges do not include attendance by the Company’s staff except during the process of erecting and dismantling the equipment. Any other attendance of the Company’s staff shall be agreed with the Company in writing and subject to additional charges.
- Permits & Content
The Hirer is responsible for giving notice to or obtaining all necessary permits from any authorities, including (but not limited to) the planning authority, district surveyor, police, fire service, and any similar authority or organisation. The Hirer shall show proof of having obtained these on the Company’s written request. By entering into the Contract the Hirer warrants that such permissions have (or will be) obtained and a failure either to obtain such permits, or obtain them before the start of the event, shall be a material breach of the Contract.
Any costs incurred arising from the delay in obtaining or non-granting of permissions and permits by third parties shall be payable to the Company by the Hirer and shall be deemed to be part of the hire charge for the purpose of Clause 10 above.
Unless agreed as a condition of the Contract, the Hirer is also responsible for obtaining the legal rights to show the required content on the hired equipment. If the content is pre-recorded this responsibility extends to providing the Company with two legal copies of the content before the screening.
The Hirer is solely responsible for paying any licensing or copyright fee due to a third party and shall indemnify the Company for any claims brought against it by third parties. By using the Company’s equipment the Hirer represents that it has obtained all necessary permissions.
- Confidentiality and Data Protection
The Company will adhere to all national and EU data protection, data transfer, and data retention laws and regulations. the Company stores all data securely.
Personal information is not given to any third party unless express permission is given or as permitted by law. Any client testimonials or quotes will only be used on the website or other marketing material with the express permission of the individual. Under Data Protection legislation all individuals have the right to access their personal data and when processing data. The Company will comply with the provisions of the Data Protection Act 1998 and subsequent legislation.
- Force Majeure
While every effort will be made by the Company to fulfil your order, where accepted, the full performance of the Contract is subject to variation or cancellation by the Company consequent upon an act of God, war, strikes, riots, lock-outs or other labour disturbances, fire, flood, restrictions of the use of transport, fuel or power, requisitioning, shortage of material or transport or labour or any other cause beyond the control of the Company (“Force Majeure”).In the event of a Force Majeure, the Company will advise the Hirer of the same, and may either advise a time by which it reasonably believes performance will be completed (or require a time for the Hirer to comply with its obligations), or advise the Hirer that the Contract is immediately terminated. Should the Company elect to terminate the Contract, the obligations of the Parties immediately cease and any amounts paid to the Company shall be retained by the Company.
In the case of extreme bad weather conditions, the Company reserves the right to cancel the contract if the weather would cause damage to the equipment or prove a health & safety risk to persons working.
- Cancellation or premature termination of contract
In the event of the Hirer cancelling or postponing the Contract after an order has been confirmed by the Company and before performance takes place, the following charges will apply:
More than 30 working days before performance: 25%of the total hire charge
14 – 30 working days before performance: 50% of total hire charge
Less than 14 working days before performance: 100% of total hire charge
- No Waiver
No failure or delay by either Party in exercising any of the rights under these Terms or the Contract shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of the Contract shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
If one or more of the provisions of these Terms or the Contract is found to be unlawful, invalid or otherwise unenforceable, those provision(s) shall be deemed severed from the remainder of these Terms and shall remain enforceable.
- No Partnership
Nothing in these Terms shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship other than the contractual relationship expressly provided for in these Terms.
- Third Parties
No part of these Terms shall confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply.
Sundown is a limited company registered in England & Wales, registered number 14016299. We can be contacted by email to firstname.lastname@example.org or call 0333 456 2020.
- Jurisdiction and Governing Law
These terms & conditions are governed by the laws of England and its courts shall have exclusive jurisdiction in respect of any dispute or legal proceedings relating to any matter under this contract.