Terms of Use and conditions of sale
“You” and “your” refer to the cardholder. “We” and “us” and “our” collectively refer to “Touchwood”. We operate from Touchwood Management Offices, The Hub, Touchwood, Solihull B91 3GJ. Our VAT number is GB726096328.
Introduction
This document sets out the legally binding terms and conditions which apply to everyone who accesses or uses the on-line grotto booking pages ("Booking system"). Please read the Terms and Conditions carefully before using this Booking system. By accessing or using this Booking system, you agree to be bound by these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you must leave this Booking system immediately.
This Booking system is operated by Imaginate Creative Ltd, on behalf of Touchwood Solihull.
Your statutory rights
Nothing in these Terms and Conditions affects your statutory rights as a consumer, or excludes or limits our liability for fraud, or for death or personal injury resulting from our negligence, or for any other liability which we cannot exclude or limit under law.
Contact us
If you have any comments, questions or complaints about this Booking system or any aspect of our services please contact us by email at guestservices@touchwoodsolihull.co.uk
Ownership of Materials and License Terms and Conditions
This Booking system and the materials on it are protected by copyright, trademark and other intellectual property rights and laws throughout the world. The materials on this Booking system are owned by or licensed to Touchwood Solihull. You are permitted to display the materials on this Booking system on a computer screen and to download and print a hard copy of such materials strictly for your own personal use and provided you do not alter or remove any copyright, trade mark or other proprietary notices. You undertake not to:
commercially exploit any materials on this Booking system without our express prior written consent;
establish a link to this Booking system from any other booking system, intranet or extranet site, without our express prior written consent;
use this Booking system to upload or distribute any material that contains viruses or anything similar;
infringe the rights of any other person;
do anything that will or may interfere with, disrupt, damage or impair this Booking system or our provision of services; and/or
submit any information to this Booking system, which is defamatory, obscene, offensive, liable to cause harassment or distress and/or which does not comply with any law.
You are prohibited from de-compiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Booking system into a readable form. You are prohibited from circumventing or attempting to circumvent any of our security safeguards or those of our suppliers.
Availability of this Booking system
This Booking system is provided free of charge and we make no guarantee that it will be uninterrupted or error free. In addition, we reserve the right to modify or discontinue, temporarily or permanently, all or any part of this Booking system without notice and without liability.
This Booking system contains links to other systems which are not controlled by us. The fact that we may provide a link to any such system does not mean that we endorse that system. Such links are provided only for your convenience and we have no control over such systems. Subject to your statutory rights, your access to and use of such systems is at your own risk and we shall have no liability in respect of those systems.
Ticket Purchase Terms and Conditions
Online ticket purchases
Except in accordance with your statutory rights there are no rights of refund or exchange and you acknowledge that the cancellation rights contained in the Consumer Protection (Distance Selling) Regulations 2000 (as amended) do not apply to the services we offer.
The prices of the tickets are those displayed on the Booking system. All prices and fees include any applicable Value Added Tax.
Imaginate Creative Ltd on behalf of Touchwood Solihull, will deduct your payment from your card at the time it processes your credit/debit card transaction. You cannot use any promotional vouchers or discount cards in conjunction with a ticket purchase via this Booking system.
When you purchase a ticket via this Booking system, all transaction details that you provide to Imaginate Creative Ltd on behalf of Touchwood Solihull , (including your name and credit card details) will be encrypted using SSL (secure sockets layer) technology, via Stripe. Imaginate Creative Ltd on behalf of Touchwood Solihull, will take reasonable steps to safeguard transaction details, but you acknowledge and agree that the use of Internet booking can never be completely secure. Subject to your statutory rights, Imaginate Creative Ltd on behalf of Touchwood Solihull, shall not be liable for any loss or damage you may suffer as a result of the loss of confidential or personal information provided via this Booking system.
For the avoidance of any doubt, where a transaction is not completed for whatever reason, Imaginate Creative Ltd on behalf of Touchwood Solihull, will not have levied its Booking Fee, as your credit/debit card transaction will not have been completed.
You represent and warrant that any tickets you purchase are for personal use only, and that they are not purchased as part of any form of for profit business or commercial activity, unless we have expressly authorised otherwise in writing.
You undertake that you will not resell or offer for resale any tickets (whether at a premium or otherwise) or use tickets for advertising or promotions (including prize draws, competitions, contests and/or sweepstakes) or for any other trade purposes. If you resell or offer for resale any tickets, then they will be invalid.
It is your responsibility to check your tickets as we are under no obligation to rectify mistakes after a contract has been formed. Please also note that we are not under an obligation to provide the ticket(s) to you at the incorrect (lower) price, even after the confirmation page has been displayed and the confirmation email has been sent to you, if such a pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing.
We will not be responsible for any tickets that are lost or stolen.
The unauthorised use of photographic and recording equipment in our grotto experience is prohibited.
We accept no responsibility for any personal property that is brought to an evert or experience.
Price and availability information is subject to change without notice.
Unless otherwise expressly stated on this Booking system, tickets cannot be exchanged or refunded.
Other Terms and Conditions
Non-compliance with these Terms and Conditions
We reserve the right to investigate any suspected non-compliance with these Terms and Conditions. If we believe that a violation of these Terms and Conditions (or any of the rights identified in these Terms and Conditions) has occurred, we may suspend or bar your access to this Booking system or take such other corrective action as we deem appropriate.
Email Marketing
The following section applies if you have not opted out from email marketing.
We or the venue hosting the Event may send you information about special offers, news, and events.
To run our business and provide you with our services, we may share your information with others. This might mean sharing your information with:
• Our partner companies, clients or agencies and their sub-contractors or prospective partners who help us run our services.
• To comply with legal or regulatory obligations.
• If required by any public authority or law enforcement agency
• To comply with any law or regulations or for possible legal proceedings.
• If one of our partners who are processing information for us are compelled to do so by law.
• If there's an emergency and we think you or other people are at risk.
Limitations on Imaginate Creative Ltd on behalf of Touchwood Solihull’s Booking System's liability to you
We will use reasonable endeavours to ensure the accuracy of any information on this Booking system, but we make no representation or warranty of any kind that this Booking system or any of its contents will be accurate, current, complete, or error-free. Unless we have been negligent, we accept no liability of any kind for any loss or damage arising from action taken in reliance on information on this Booking system.
We will use reasonable endeavours to exclude computer viruses from this Booking system, but we make no representation or warranty of any kind that this Booking system or any of its contents will be free from computer viruses introduced by third parties. Unless we have been negligent, we accept no liability of any kind for any loss or damage caused by computer viruses.
Subject to your statutory rights, in the event that you purchase grotto tickets online via this Booking system, our liability (whether in contract, tort (including negligence), statute or otherwise) arising out of or in connection with the purchase of those tickets shall be limited to the price paid by you for those tickets.
To the fullest extent permitted by law, all implied Terms and Conditions, whether by statute or otherwise are excluded.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations that are caused by events outside our reasonable control.
Jurisdictional issues
This Booking system is directed only at users in the United Kingdom and you may only use this Booking system to purchase tickets if you are domiciled in the United Kingdom. If you access this Booking system from outside the United Kingdom, you do so at your own initiative and risk, and you are responsible for compliance with any applicable local laws.
These Terms and Conditions and your access to or use of this Booking system are governed by the relevant law listed below, and any dispute arising in connection with this Booking system shall be subject to the non-exclusive jurisdiction of the relevant court listed below:
Changes to the Terms and Conditions
Notwithstanding anything to the contrary, we reserve the right to amend these Terms and Conditions from time to time without notice. Amendments will take effect when posted on this Booking system. Please check this Booking system and (in particular), this page regularly for changes or information about changes. If you access or use this Booking system after any amendment to these Terms and Conditions has taken effect, you hereby agree to be bound by the updated version of these Terms and Conditions.
IF YOU HAVE ANY ENQUIRIES ABOUT THE PURCHASE OF TICKETS OR WISH TO MAKE ANY COMPLAINT ABOUT OUR SERVICE TO YOU, PLEASE CONTACT: