Terms and Conditions: Events

These Terms set out the basis on which Heriot-Watt University ("us" or "we" or "HWU" or “our”) will sell or provide Tickets ordered by you for an Event.  When you order Tickets, you are agreeing to enter into a contract with us, which is governed by these Terms.  Please note that the capitalised terms have the meanings as set out in Schedule 1 and the Terms are interpreted as described in that Schedule.  The Schedules form part of these Terms.

Please read these Terms carefully before you submit your order to us via the Website. These Terms tell you who we are, how we will provide Tickets to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

1. About Us

   • We are Heriot-Watt University, a company established by Royal Charter in the UK with registration number RC000216 and a charity registered in Scotland with charity number SC000278, whose registered address is Lord Balerno Building, Edinburgh Campus, Edinburgh, Scotland, EH14 4AS, UK. Our registered VAT number is: 270 8005 79. You can contact us using the details at paragraph 15.5.

2. OUR CONTRACT WITH YOU

   • Our acceptance of your Ticket order will take place when we email you with confirmation of the order at which point a contract will come into existence between you and us.
   • If we are unable to accept your order, we will inform you of this and will not charge you for the relevant Tickets. This might be because the relevant Event has been cancelled or postponed.

3. THE EVENT

   • The description of the relevant Event on the Website is for illustrative purposes only. Although we make every effort to give an accurate description of the relevant Event on the Website, the Event may vary from that description.
   • You agree to comply with the House Rules when attending an Event.

4. YOUR RIGHT TO MAKE CHANGES

• • If you wish to make a change to the Tickets you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Tickets you have ordered and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (see paragraph 8 - Your rights to end the Contract).

5. OUR Right TO MAKE CHANGES

   • We may make changes to the relevant Event:
     • to reflect changes in relevant laws and regulatory requirements;
     • to implement technical adjustments and improvements; and/or
     • which are necessary due to Events Outside Our Control.

6. PRICE AND PAYMENT

   • Attendance at our Events may be subject to a charge. Where a charge is payable then this paragraph shall apply.
   • The price of the Tickets (which includes VAT) which you have ordered will be the price indicated on the order page on the Website at the time of your order. We take all reasonable care to ensure that the price of the Tickets on the Website is correct. However, please see the following paragraph for what happens if we discover an error in the price of the Tickets you order.
   • It is always possible that, despite our best efforts, the Tickets may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price of the Tickets at your order date is less than our stated price at your order date, we will charge you the lower amount. If the correct price of the Tickets at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract and refund you any sums you have paid.
   • Payment for the Tickets ordered by you will be taken by the Payment Processor on our behalf.
   • You must pay for the Tickets ordered by you before we issue them to you.

7. PROVIDING THE TICKETS

   • The Tickets will be emailed to you or available for download in electronic form.
   • We may need certain information from you so that we can supply the Tickets you have ordered to you, for example, your email address.

8. your rights to end the Contract

   • If you are ending the Contract where we have told you about an error in the price or description of the Tickets you have ordered and you do not wish to proceed then the Contract will end immediately and, where there is a charge for the Tickets, we will refund you in full for any Tickets which you have ordered.
   • If the Contract is concluded by means of distance communication (i.e. there has been no face to face contact between you and us at the time it is entered into), then:
     • you have 14 days after the day we email you to confirm that we accept your order of the Tickets pursuant to paragraph 2 to cancel the Contract. If you cancel after we have started the Event, then there will be no refund of the price of the relevant Tickets;
     • you expressly agree that we may begin the Event before the end of the 14 day cancellation period referred to in the immediately preceding sub-paragraph; and
     • you may use the model cancellation form in Schedule 2 but it is not obligatory. If you use the model cancellation form you can send it by post or by email to the addresses in paragraph 15. You may also write to us or email us at those addresses.
   • Even if we are not at fault and you do not have a right to change your mind you can still end the Contract but you may have to pay us compensation. If you want to end a Contract then you must contact us using the contact details set out in paragraph 15 to let us know and we will consider your request.  We may deduct from any refund reasonable compensation for the costs we incur where you end the Contract which will be the price of the relevant Tickets ordered by you.

9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)  

   • To end the Contract with us, please let us know by doing one of the following:
     • Online: complete the form in Schedule 2 and email to us at the email address on the form; or
     • Post: Print off and complete the form in Schedule 2 and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
   • In the event that we are required to provide you with a refund, we will refund you the price you paid for the Tickets you have ordered including, where applicable, any delivery costs, by the method you used for payment.
   • We will make any refunds due to you as soon as possible. If you are exercising your statutory right to change your mind then your refund will be made within 14 days from the cancellation date.

10. OUR RIGHTS TO END THE CONTRACT

    • We may end the Contract at any time before the relevant Event by writing to you if:
      • you do not make a payment to us when it is due; or
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Tickets you have ordered, for example, your email address.
    • If we end the Contract in the situations set out in paragraph 10.1 we will refund any money you have paid in advance for Tickets you have ordered.
    • We may write to you by email to let you know that we are going to withdraw the Tickets you have ordered from sale and will refund any sums you have paid in advance for the Tickets which will not be provided.

11. DATA PROTECTION NOTICE

    • We will process personal data that you provide to us or which we collect about you in accordance with our Privacy Notice.
    • We may disclose personal data to third parties as set out in our Privacy Notice.
    • Please inform us promptly of any change of address or other personal information you have provided to us.

12. liability

    • We will not be responsible for any failure by us to perform our obligations to you where this is due to:
      • Events Outside Our Control as set out in bullet points 2 and 3 of paragraph 12; or
      • incorrect details provided by you.
    • If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes:
      • liability for death or personal injury caused by our negligence or where it would be unlawful to do so;
      • for fraud or fraudulent misrepresentation; and
      • for breach of your legal rights in relation to the Tickets.
    • We only supply the Tickets you have ordered for private use. If you use the Tickets for any business or re-sale purposes we will have no liability to you for any loss.
    • Except where it is unlawful to do so, our total liability to you under the Contract will be limited to the price of the relevant Tickets ordered by you.

13. Events outside our control

    • We will not be liable or responsible for any failure to perform, or delay in performing, any of our obligations under these Terms that is caused by an Event Outside Our Control. If an Event Outside Our Control takes place that affects the performance under these Terms:
      • we will contact you as soon as reasonably possible to notify you;
      • our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
      • we will restart the performance of our obligations as soon as reasonably possible after the Event Outside Our Control is over.

14. Your rights as a consumer

• • As a consumer, you have legal rights in relation to the Contract which are not affected by these Terms. Advice about your rights is available from your local Citizen's Advice Bureau.

15. General

    • We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing or email if this happens and we will ensure that the transfer does not affect your rights under the Contract.
    • If we fail to insist that you perform any of your obligations under these Terms, or do not enforce our rights or delay in doing so, that will not mean that we have waived our rights or that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    • Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them or parts thereof are unlawful, the remaining paragraphs and (where applicable) the parts thereof will remain in full force and effect.
    • The Contract is between you and us only. No other person shall have any rights to enforce it.
    • Our contact details are as follows:

Heriot-Watt University
Edinburgh
EH14 4AS
UK

(marked “for the attention of Panmure House”)

Email: panmurehouse@hw.ac.uk

Online contact form

• You confirm that you have read these Terms carefully before agreeing to be bound by them.
• Where you are not a “consumer” under the Consumer Rights Act 2015 then:
  • these Terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which his not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms;
  • paragraphs 8 and 9 shall not apply;
  • we will have no liability to you in respect of any issues with the Tickets ordered by you (unless required to do so under the Sale of Goods Act 1979);
  • you must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law);
  • bullet points 2 and 3 of paragraph 12 shall not apply;
  • nothing in these Terms shall limit or exclude our liability for:
    • liability for death or personal injury caused by our negligence or where it would be unlawful to do so;
    • for fraud or fraudulent misrepresentation; and
    • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
    • any matter in respect of which it would be unlawful for us to exclude or restrict liability;
  • subject to the immediately preceding sub-paragraph:
    • we shall not be liable to you, whether in contract, delict/tort (including negligence), breach of statutory duty or otherwise, for any (i) loss, and (ii) indirect or consequential loss, arising under or in connection with the Contract; and
    • our total liability to you whether in contract, delict/tort (including negligence), breach of statutory duty or otherwise, shall be limited to the price paid by you for the relevant Tickets under the Contract;
  • paragraph 16 shall not apply;
  • any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims) will be governed by and interpreted in accordance with the laws of Scotland and the Scottish courts shall have exclusive jurisdiction to settle any such dispute or claim.
• If we make any changes to these Terms these will be published on the Website.

16. If you are a consumer, please note that (a) the Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by and interpreted in accordance with the laws of Scotland, and (b) you and we both agree that the Scottish courts will have exclusive jurisdiction except that (i) if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, (ii) if you are resident of England, you may also bring proceedings in England, and (iii) if you are resident in the European Union then, subject to Brussels I (recast) (or equivalent provisions) applying to the UK following Brexit, you may be able to raise a claim in the courts of the member state in which you reside or the Scottish courts.

Schedule 1

DEFINITIONS AND INTERPRETATION

1. In these Terms, the following terms have the meanings as set out below:

2. When examples are given in these Terms by using words or phrases such as "including" or "for example" this will not restrict the meaning of the related general words.
3. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
4. A reference to a paragraph is to a paragraph of these Terms.
5. In the event of conflict between these Terms and the Website Terms and Conditions then these Terms shall prevail.

Schedule 2 - MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the Contract)

To:

HERIOT-WATT UNIVERSITY

RICCARTON

EDINBURGH EH14 4AS, UNITED KINGDOM

(marked “for the attention of Panmure House”)

Email: panmurehouse@hw.ac.uk

I ______________________________________________________________ [INSERT NAME]

hereby give notice that I cancel my contract of sale of the following goods:

_______________________________________________________________

[INSERT DESCRIPTION OF THE GOODS]

Ordered on __________________ [DATE]

Name of consumer:

Address of consumer:

Email address of consumer:

Signature of consumer (only if this form is notified on paper):

Date:

Last updated 11 September 2020.