1. WHO WE ARE

1.1 We are the Edinburgh Festival Fringe Society Limited, a company limited by guarantee and incorporated in Scotland (No SC046605, Registered Charity No SC002995) which sells tickets and provides support to the Edinburgh Festival Fringe ("EFFS"), and Festival Fringe Trading Limited, trading as Edinburgh Festival Fringe Shop ("FFTL"), incorporated in Scotland (No SC130813), VAT group registration number 171276804 which sells goods.

1.2 Our principal place of business is at 180 High Street, Edinburgh, EH1 1QS. The main telephone number for our office is 0131 226 0026. Please remember that throughout the terms that follow, unless otherwise stated, when we mention ‘we’, ‘us’, ‘our’, etc., we mean both the Edinburgh Festival Fringe Society Limited and the Festival Fringe Trading Limited. When we refer to ‘you’ we mean (i) the user and/or browser of our Website or App (both as defined below), including those users buying tickets and/or goods; (ii) persons, organisations or companies booking adverts; and (iii) those persons, organisations or companies registering a show or venue for the Edinburgh Festival Fringe.

 

2. ABOUT THESE TERMS AND CONDITIONS

2.1 You are reading the terms and conditions for:

(a) Use of the Edinburgh Festival Fringe website (www.edfringe.com, including tickets.edfringe.com, edfringe.com/shop, and registration.edfringe.com), as well as Edinburgh Festival Fringe affiliate sites www.worldfringeday.com and www.fringeworldcongress.com (the "Website");
(b) The Edinburgh Festival Fringe mobile app for iPhone and Android (the "App");
(c) The Edinburgh Festival Fringe Programme and Participants' Events Programme (the "Programme");
(d) Advertising in (including but not limited to) the Programme and/or the Website;
(e) Registering a show or venue at the Edinburgh Festival Fringe;
(f) Membership of the Edinburgh Festival Fringe Society; and
(g) Friends of the Fringe and Corporate Friends of the Fringe (together "FOTF").

2.2 By accessing any part of the Website or App (including, without limitation, purchasing tickets and/or goods), booking advertising with us, and/or registering a show at the Edinburgh Festival Fringe, you shall be deemed to have accepted these terms and conditions in full (and in respect of booking an advert, the relevant advertising terms and conditions as referenced in clause 16) and they form a legally binding contract between us and you. You will be asked to agree to these terms and conditions before placing an order for tickets or goods, and registering a show. If you do not accept the terms and conditions (or the relevant advertising terms) or any part of them, you will not be able to place an order for tickets or goods or register a show and you should immediately:

(a) Stop using the Website or App (as the case may be);
(b) Contact us to remove your advert or show from the Edinburgh Festival Fringe.

If you breach any of these terms and conditions, your permission to use the Website or App, order an advert or register a show (as the case may be) automatically terminates.

These terms and conditions apply from first use of the Website or the App.

2.3 We reserve the right to make changes to these terms and conditions (and any of the advertising terms and conditions) from time to time, including for example in order to reflect changes in:
(a) Our ordering and/or delivery process in respect of goods and/or tickets;
(b) The registration process;
(c) The FOTF scheme;
(d) Relevant laws and regulatory requirements; or
(e) Terms relating to usage of the App, advertising, and/or registration of a show.

These changes will take effect from the date of posting on the Website and the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue to use the Website or App (including buying tickets or goods, registering a show, and booking advertising with us). Your continued use of the Website or App (or any part thereof) or failure to advise us to remove your advert or show, will mark your acceptance of any changes to the terms and conditions (including the advertising terms and conditions).

2.4 We may from time to time display additional terms and conditions on the Website or App - for example, in connection with a specific promotion or the sale of goods or services. If the terms and conditions for use of the Website or App should conflict in any way with such additional terms, then the additional terms will prevail.

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3. ABOUT COPYRIGHT IN OUR WEBSITE, PROGRAMME AND THE APP

3.1 The copyright and other intellectual property rights in and to all images, graphics, text, applets, scripts and other material or content on, or part of the Website or the App (the “Website/App information”) or in the Programme are owned by us or our licensors unless otherwise stated. You may view the Website/App information in a web browser or on your mobile phone or handheld device for private browsing purposes only. Copying Website/App information into a computer cache or storage device for private on- or offline browsing purposes is also permitted, provided that:

(a) No modifications are made to the Website/App information;
(b) Text is copied in its entire context;
(c) No graphics on the Website or App are used separately from the corresponding text; and
(d) All relevant copyright and trade mark notices appear in all copies.

You may not make a copy in whole or in part of the Website/App information, for any other purpose without our prior written consent, which may be granted at our discretion (or where we do not own the copyright, we will direct you to the owner themselves for such consent). Nothing in these terms and conditions or on our Website or App constitutes a licence to use, copy or distribute the Website/App information except as expressly stated in these terms and conditions. For avoidance of doubt, we (or our licensors as the case may be) shall own the copyright in any downloaded or printed extracts from the Website and the App.

3.2 If you breach any of these terms and conditions, your permission to browse, download or print information from the Website or the App automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website or App.

3.3 Occasionally, we may publish images or text for which the copyright is not owned by us. Where this is done, and where practicable, we will acknowledge the copyright owner.

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4. ABOUT TRADE MARKS ON OUR WEBSITE, THE PROGRAMME AND THE APP

4.1 Unless otherwise stated, the trade marks displayed or referred to on the Website, the App or the Programme are owned by us or our licensors.

4.2 Where practicable, we acknowledge the owners of all other trade marks which are referred to on the Website, the App or the Programme.

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5. ABOUT THE ACCURACY OF INFORMATION

5.1 Whilst we endeavour to ensure that the information on the Website, the App and the Programme is correct and up to date, such information is provided ‘as is’ and we make no representation, endorsement or warranty as to its accuracy or completeness. We will not be liable for any action taken (or not taken) in reliance upon the information on the Website or the App, and such action is taken entirely at your own risk. We reserve the right to make changes to the Website/App information in order to correct any errors or omissions (or at our discretion) without notice and without liability to you. All information in the Programme is subject to change and shall be updated through the Website. All information in the Website shall take precedence over the information contained in the Programme and we accept no liability for any errors or omissions in the Programme.  

5.2 External websites to which we provide hypertext links are not under our control, and we take no responsibility and shall not be liable in any way for their content.

5.3 It is a feature of the Website and the App that much of the information contained therein is contributed by many different third parties and we do not control those parties or their information. Opinions expressed within the Website/App information are those of the authors and do not necessarily represent our opinions.

5.4 The Edinburgh Festival Fringe is an open access festival and EFFS neither selects the shows that take part, nor controls the content of those shows and the associated promotional materials. All content on the Website and Apps is the sole responsibility of the person(s) who originated such content and we take no responsibility for any content contained therein. Under no circumstances will we be liable for any content, including but not limited to errors or omissions, or loss or damage (or claim thereof) of any kind as a result of any content submitted for publication.

5.5 In the unlikely event that you find any inaccurate information on the Website or the App or have any complaints about what we have published, please email marketing@edfringe.com. We will investigate on receipt and take such action that we, in our sole discretion, determine as being appropriate, having regard to all the circumstances.

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6.  ABOUT VISITOR MATERIAL

6.1 Other than personally identifiable information, any material you transmit or post to the Website or the App, or submit as part of a show registration (including public reviews of shows) for publication in the Programme or Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material and shall be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all commercial or non-commercial purposes.

6.2 You are prohibited from posting or transmitting to or from the Website or App, or submitting as part of a show registration (including public reviews of shows) for publication in the Programme or Website, any material:

(a) That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or which may cause annoyance or inconvenience; and in all cases we shall be the sole judge of whether material falls into any of these categories;
(b) For which you have not obtained all necessary licences and/or approvals;
(c) Which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or is otherwise contrary to the law of or infringes the rights of any third party, in any country in the world; or
(d) Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

6.3 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this clause 6.

6.4  You may not misuse the Website or the App in any other unauthorised way (including, without limitation, by hacking, sweeping for information or posting false and misleading information).

6.5 To the extent that you post, transmit or upload to the Website or App any personal data, you confirm that:

(a) Where that personal data relates to you as a data subject, you consent; and
(b) Where that personal data relates to any third parties, you have obtained all necessary consents, licences, approvals and permissions from each of those third parties, to the collection, processing, transmission and disclosure by us for the purposes of organising, co-ordinating, advertising and marketing shows and/or the Edinburgh Festival Fringe, including the sharing of such information with carefully selected third parties for those purposes, all in accordance with our Website Privacy Policy.

6.6 You agree to indemnify, keep indemnified and hold each of EFFS and FFTL harmless in respect of any loss, costs or damages arising out of or in connection with any failure or delay by you to obtain any of the consents, licences, approvals or permissions referred to in clause 6.5.

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7.  ABOUT THE INTERNET, SERVICE INTERRUPTION, VIRUSES, ETC

7.1 We and all other web publishers have no control over the Internet, which is a global public network of computers and the method by which you access our Website and the App. As a consequence, and in common with most web publishers, we take no responsibility for service interruption or the transmission of viruses or other malicious computer code through the Website or the App.

7.2 Whilst we endeavour to make the Website and App available at all times, we shall not be liable if for any reason the Website or App are unavailable at any time or for any period.

7.3 Access to the Website or App may be suspended without notice for any reason including (but not limited to) system failure, maintenance or repair.

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8. ABOUT PERSONAL DATA AND OUR PRIVACY STATEMENT

8.1 Where appropriate, we collect and hold your name, address, email address, payment details and similar information relating to you, which will hereafter be referred to as “Personal Data”. In particular, we may collect and store Personal Data from you when you are purchasing tickets through the App or tickets and/or goods through the Website in order to process your transaction.

8.2 We undertake to maintain your privacy within the framework of the relevant data protection law. Except as provided for in these terms and conditions or in our Website Privacy Policy, we shall not pass Personal Data to any third party unless we have received your permission to do so.

8.3 If we have received your permission to do so, we will from time to time use Personal Data to inform you of our latest news, information, services, offers, etc.

8.4  The Website makes use of cookies. Cookies are data held in your web browser. They do not in themselves identify who you are or your other Personal Data to us. They do allow us to monitor your use of the Website.

8.5 Our guiding principle is that your Personal Data is only held to allow us to support and improve your customer relationship with us. If you have any concerns about our use of your Personal Data, please email admin@edfringe.com. We will investigate complaints, act on emails claiming unjustified exploitation of data, and take such further action as we, in our sole discretion, deem appropriate.

8.6 When you are purchasing tickets and/or goods we will provide you with the option to store your payment details within your account, for the ease of any future payment made by you. You will also have the option to stop us retaining your payment details at any time.

8.7 For further details about how we use your Personal Data (including the use of cookies on our Website and your payment details), please see our Website Privacy Policy.

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9.  REGISTRATION

9.1 As a user of the Website and/or App (including where you wish to register a show or order an advert or become a Friend of the Fringe), you may need to set up and maintain an account. Each registration is for a single user only and you are not permitted to share your user name and password with any other person, nor with multiple users on a network. You are solely responsible for keeping your passwords confidential and secure at all times. You should notify us immediately if you become aware of any unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account. In no event shall we be responsible for any loss you may suffer as a result of any misuse of your account and/or passwords.

9.2 You agree to provide current, complete and accurate information required to complete any account registration, and at other times as may be required in the course of using the Website and/or App ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it current, complete and accurate. If any information you provide is false, incomplete or inaccurate, we may terminate your rights to use the Website and/or App and the services offered via such platforms. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use any Registration Data you provide (including credit card information) for maintaining your account and billing fees to any payment cards used by you.

9.3 You can register for the Website here. If you wish to register a show, you can register here.

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10. FRIENDS OF THE FRINGE

10.1 Unless otherwise specified, we will aim to have delivered the Edinburgh Festival Fringe Programme to all UK addresses by the Edinburgh Festival Fringe Programme launch day, provided you have signed up at least one month prior to that date. However, factors outside our control, such as delays in the mail, may result in later delivery. Non-UK residents will receive the Edinburgh Festival Fringe Programme as close to the Programme launch date as possible.

10.2 The FOTF 2for1 ticket offer is only available on selected shows - bookings must be made via the Fringe Box Office, over the phone, on edfringe.com, tickets.edfringe.com or the official Fringe App. The offer is only applicable to full price tickets and cannot be redeemed on preview days. All tickets (including those available in the 2for1 ticket offer) are subject to availability.

10.3 Membership to the FOTF scheme covers one Edinburgh Festival Fringe and, if purchased in the period of the year prior to the start of the Edinburgh Festival Fringe, shall run until 31 December in the year of purchase unless otherwise specified. If purchased after the Edinburgh Festival Fringe has finished, membership shall run from 01 January in the year following purchase until 31 December of that year.

10.4 To purchase tickets at the Fringe Box Office in person you must give the email address associated with your FOTF membership. If purchasing tickets on the Website or the App, any discount available to you because you are a FOTF shall be applied automatically to your ticket purchase, provided you are logged into the Website.

10.5 You will receive a discount when you set up an annual payment (£3.00 through Direct Debit) for your FOTF membership each year.

10.6 EFFS reserves the right to make alterations to the FOTF scheme and its benefits from time to time and without prior notice.

10.7 Membership to FOTF is non-refundable.

10.8 Some shows included in the FOTF 2for1 ticket offer allocate only a portion of their tickets to the scheme, so these tickets are limited. It may be possible to still purchase tickets for a show’s performance at full price, even though the FOTF 2for1 ticket offer allocation has sold out. All tickets are subject to availability.

10.9 Normal ticketing terms and conditions, including a booking fee, apply.

10.10 Further details on the membership options for Friends of the Fringe are available here.

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11. GIFT VOUCHERS

11.1 Gift vouchers can be purchased from the Website or from the Fringe Box Office or Fringe Shop located at 180 High Street, Edinburgh. Gift vouchers can be redeemed against tickets or goods. Whilst you can redeem vouchers against tickets on the Website, over the telephone or in person at the Fringe Box Office, gift vouchers can only be redeemed against goods in person at the Fringe Box Office or Fringe Shop located at 180 High Street, Edinburgh. Gift vouchers cannot be redeemed against tickets on the App. It is your responsibility as the customer to ensure that the delivery address supplied is correct and to keep the voucher(s) safe as we cannot be held responsible for any gift vouchers that are lost or used by someone other than the recipient after the delivery.

11.2 We encourage all customers to choose the option of sending their vouchers via the Special Delivery service within the UK and the International Signed For service for countries outside of the UK as we accept no liability for vouchers lost or stolen in transit.

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12. PURCHASING TICKETS

12.1 You can choose to have your tickets delivered to you or collect them in person from any of the venues listed in the box office information collection points. All details relating to ticket bookings, including methods for purchasing tickets (and opening hours, if applicable) delivery information, collection points, handling and postage fees, refunds and exchanges are available here. If you wish to contact us with any queries relating to your purchase of tickets, please contact us using the details provided in clause 13.11.

12.2 From the moment that the transaction is completed, all Fringe tickets are non-refundable and non-exchangeable, unless a show has been cancelled or the particulars of the show change in a manner that results in you being unable or unwilling to attend, in which case we shall notify you and reimburse the price of the tickets as soon as possible. In respect of purchases through the Website or the App, completion is deemed to be once you have agreed to the terms and conditions and clicked to confirm your purchase. Lost or stolen tickets are non-refundable and no duplicate tickets will be issued.

12.3 A booking fee of 80p per ticket applies to telephone, app, web and in person bookings. A maximum booking fee of £4.80 applies where the booking is made by telephone, in person or through the website. If ticket delivery by registered post is requested, there is an additional fee of £2.80 applied to the sale. No booking fee is applied to tickets purchased in person from the Half Price Hut. You are advised of such booking and any applicable postage fees during the order-process before confirming your order.

12.4 Because you are a consumer, we are under a legal duty to supply tickets that are in conformity with the contract.

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13. PURCHASING GOODS FROM THE FRINGE ONLINE SHOP ON THE WEBSITE

The following terms apply if you are purchasing goods from the Fringe online shop on the Website (at www.edfringe.com/shop), in addition to the other clauses in these terms and conditions, except for clause 12 (Purchasing Tickets), clause 14 (Registering a Show), clause 15 (App Licensing Terms) and clause 16 (Advertising Terms). All references to "we", "us", "our" etc. in this clause 13 shall refer to FFTL.

13.1  Ordering process

(a) In accordance with clause 2.2, before placing an order you will be asked to agree to these terms and conditions, including this clause 13 (Purchasing Goods from the Fringe online shop on the Website). If you refuse to accept these terms and conditions, you will not be able to order any goods from us.
(b) If we have to revise these terms and conditions as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the order if you are not happy with the changes. You may cancel either all the affected goods or just the goods you have yet to receive. If you opt to cancel, you will have to return (at our cost) any affected goods you have already received. We will arrange a full refund of the price you have paid, including any delivery charges (irrespective of whether you have already received them).
(c) The order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
(d) After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 13.1(e) below
(e) We will confirm our acceptance of your order by sending you an e-mail that confirms that the goods you have ordered have been dispatched ("Dispatch Confirmation"). The contract between us will only be formed when we send you the Dispatch Confirmation

13.2 Delivery

Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there are circumstances beyond our reasonable control – including, without limitation, strikes, postal failures, lock-outs and other industrial disputes, breakdown of systems or network access, failure of our suppliers or producers, flood, fire, explosion, acts of terrorism or accident – and we will not be held liable for any delays caused by such circumstances. In such circumstances, we shall contact you with a revised estimated delivery date after the event beyond our reasonable control is over. You may cancel an order affected by circumstances outside our control. To cancel, please contact us using the contact details provided in clause 13.11 (a). If you opt to cancel, you will have to return (at our cost) any relevant goods you have already received and we will refund the price you have paid, including any delivery charges. We aim to process all orders within 3 working days from the day following the day your order is placed (please note that Saturday and Sunday are not classed as working days) with the exception of orders placed for delivery to the Highlands and Islands which we aim to process within 7 working days from the day following the day your order is placed.

(a) Delivery will be completed when we deliver the goods to the address provided by you at the time of your order, and the goods shall be your responsibility from the completion of delivery. You shall own the goods once we have received payment in full (including all applicable delivery charges). If the goods will not fit through the letter box and no signature is required and no-one is available at your address to take delivery, we will leave you a note that the goods have been returned to our premises; in which case, please contact us using the number provided in clause 13.11(a) for re-delivery. Alternatively, please advise us at the time of placing your order an alternative person to whom the goods may be delivered.
(b) The available dispatch options for deliveries within the UK and internationally, and the costs associated with each method of delivery, are available before any purchase is completed. Standard delivery is free on all orders over £75. If you require an order to be dispatched for next day delivery, you will need to place the order by 13:00 on the previous day and select the special delivery option.
(c) All delivery times set out in this paragraph 13.2(c) are estimated and are based on advised timescales set by the postal service.

UK Delivery Times and Options:
(excluding the Highlands and Islands)

  • 1st Class Letter: 2 - 3 working days
  • 1st Class Packet: 2 - 3 working days
  • 2nd Class Packet: 3 - 5 working days
  • Special Delivery: Next Day (if order received by 13:00)

International Delivery Times and Options

  • Airmail - Eastern and Western Europe: 5 - 7 working days
  • Airmail - outside Europe: 7 - 10 working days
  • International Signed For: 3 - 7 working days

(d) All orders to the UK are dispatched via Royal Mail. We currently only offer airmail delivery to countries outside of the UK.  
(e) Nominated day delivery is not available internationally at this time. However, we do offer the International Signed For delivery service via Royal Mail. With International Signed For, you are opting for a more secure delivery that requires a signature from the recipient upon delivery of the order.
(f) Please note that UK and international deliveries will not be shipped on public holidays in Scotland. For information on Scottish public holidays, please see here.
(g) Further shipping information for international customers:

Customers outside the United Kingdom may also be liable for any customs/import duty, quotas, permits, product restrictions and other local requirements, and must comply with all applicable laws and regulations of the country for which the goods are destined. These charges must be paid by the recipient of the parcel. Customs policies and import duties vary from country to country, hence we are unable to tell you what the incurred costs might be. We strongly advise you to check with your local customs office for current charges before placing your order so that you are aware of the charges involved (if applicable). We shall not be liable for any such charges or if you break any applicable laws in the country to which these goods are destined.

13.3  Remedies for missed delivery deadline in certain circumstances

(a) If we miss the delivery deadline (at least 30 days after the day on which you enter the contract, unless an alternative delivery deadline is agreed with us) for any goods then you may cancel your order straight away if any of the following apply:

(i) We have refused to deliver the goods;

(ii) Delivery within the delivery deadline was essential (taking into account all relevant circumstances); or

(iii) You told us in accordance with clause 13.8 (b) before we accepted your order that delivery within the delivery deadline was essential.

(b) If you do not wish to cancel your order straight away, or do not have the right to do so under clause 13.3(a), you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
(c) If you do choose to cancel your order for late delivery under clause 13.3(a) or 13.3(b), you can do so by using the contact details provided in clause 13.11(a) for just some of the goods or all of them, unless splitting them up would significantly reduce their value. If the goods have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the cost of this. After you cancel your order we will refund any sums you have paid to us for the cancelled goods and any applicable delivery charges paid by you.

13.4 Risk
Risk in the products shall pass to you once they have been delivered to the delivery address stipulated in your order.

13.5 Price and payment options

(a)  The price for the products that you order will be the price quoted on the Website at the date the order is received, except in the case of obvious error. All prices currently advertised are not inclusive of delivery charges: the prices associated with each method of delivery are advised to you during the check out-process, before any purchase is completed. You can check your delivery charges for your basket prior to check out and completion of purchase.
(b) All prices currently advertised are inclusive of VAT (where applicable). We currently do not offer VAT exemption for international customers or any geographical regions. The grand total of the order is the price of the product(s) ordered plus the delivery charge.
(c) We currently only accept the following payment cards: Visa, Mastercard, Maestro/Solo. The price charged to customers outside of the United Kingdom will be subjected to the exchange rate applied by the customer's credit or debit card company. The rates are not defined or determined by us. Your debit or credit card will be charged once you submit your order.
(d) By submitting a credit or debit card number, you represent and warrant that your use of the particular card is authorised and that all information that you submit is true and accurate, and you authorise us to charge to the card tendered all amounts payable by you to us based on the products ordered.
(e) You may be subject to validation checks and/or third party authorisations during the ordering process.
(f) You are personally liable for any orders that you place and charges that you incur.

13.6 Returns and refunds

Please note – this section refers to Fringe shop purchases only – for information on ticketing please see the box office section

Unless a customer exercises their right to cancel the contract under clause 13.7 or clause 13.3 applies, or we are unable to fulfil an order (for example, because a product has been discontinued), orders for goods made through the Website are non-refundable and non-exchangeable. For orders placed through the Website, completion is deemed to be when the products have been delivered. However, for orders placed for postal delivery and not received, we will arrange an alternative means of fulfilling the order. You should contact us in good time to inform us of orders not received, by telephoning 0131 226 0026 or emailing shop@edfringe.com for Website orders.

13.7 Cancellations and returns (UK and EU customers only)

(a) Customers within the UK and EU have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Directive on Consumer Rights (2011/83/EU) respectively, during the period set out in clause 13.7(b). During this 'cooling off' period, you are entitled to decide that you do not want the goods and you can notify us of your decision to cancel the contract in accordance with clause 13.7(d) and receive a refund. Advice about your legal right to cancel the contract is available from your local Citizens' Advice Bureau or the Trading Standards office. Nothing in these terms and conditions will affect these legal rights. Details of your legal right to cancel, a link to the cancellation form, and an explanation of how to exercise it are also provided in the Dispatch Confirmation.
(b) Your legal right to cancel your contract with us starts from the date that we send you the dispatch confirmation (after your card has been debited), which is when the contract between us is formed, until either:

(i) 14 days from the day after the day of receipt of your goods (the "Cancellation Period"), if your contract is for a single product; or

(ii) 14 days from the day after the date of receipt of the last of the separate products ordered (the "Cancellation Period"), if your contract is for multiple products which are delivered on separate days.

(c) However, this cancellation right does not apply in the case of:

  • Any products made to your specification or clearly personalised;
  • Newspapers, periodicals or magazines;
  • Perishable goods, such as food, drink or fresh flowers;
  • Software, DVDs or CDs which have a security seal which you have opened or unsealed.

(d) Should you wish to return the goods purchased or cancel the contract before the goods have arrived, you must notify us, within the Cancellation Period, that you have decided to cancel the contract. The easiest way to notify us of your intention to cancel is contacting us using the contact details provided in clause 13.11(a). If you are emailing us or writing to us, please quote your order number. If you cancel by email during the Cancellation Period, your cancellation is effective from the date you sent us the email.  

Subject to clause 13.7(e), should you cancel the contract within the Cancellation Period, we will refund you the price you have paid for the goods and any delivery charges paid by you, to the original method of payment used to purchase the goods:

  • 14 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us; or
  • If you have not received the goods, the refund will be given to you 14 days after the day you gave us notice of cancellation.

You will receive an email confirming the refund amount.

(e) We will deduct from any refund the amount of any reduction in value of the goods due to any use of the goods beyond what is necessary to establish their nature, characteristics and function (for example, if this has been caused by your handling them in a way which would not be permitted in a shop). In respect of a refund of the delivery charges paid by you, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a product within 3-5 working days at one cost, but you choose to have the product delivered by first class or special delivery, we will only refund what you would have paid for the cheaper delivery option.
(f) If you have received the goods, it is your responsibility to return the goods to us without undue delay and in any event no later than 14 days after the date on which you let us know that you wish to cancel the contract ("Return Period"). The goods must be returned to the address set out in clause 13.11(a) at your own cost (unless the goods are damaged, faulty or mis-described, in which case we shall refund the full price of the goods, together with any applicable delivery charges and any reasonable costs you incur in returning the goods to us). We strongly recommend that proof of postage is obtained when returning any part of your order. If you do not return the goods within the Return Period, we may charge you for the direct costs of recovering the goods from you, which may result in a reduction (equivalent to the costs of recovering the goods from you) of the overall refund due to you. This may be in addition to any deductions made for a reduction in the value of the goods (once recovered) in accordance with clause 13.7(e).
(g) Because you are a consumer, we are under a legal duty to supply goods that are in conformity with the contract. You have legal rights in relation to goods that are faulty or mis-described; these legal rights are not affected by your return and refund in this clause 13 or anything else in these terms and conditions.  

13.8 Product information

(a) We take every care and effort to ensure that all product details that appear on the Website are correct and accurate at the time when the relevant information was entered into the system. However, the actual colours you see will depend on your monitor and we cannot guarantee that images on the Website will accurately reflect the colour of the product on delivery. Where possible, we will provide measurements of sizes. Whilst these measurements are approximate, we do make every effort to ensure that they are as accurate as possible.
(b) Once an item is sold out, we endeavour to take it off the Website at the earliest opportunity as it may not be available again. We continually update our online store. There may be a delay between the time when the order is placed and the time when the order is accepted and dispatch confirmation sent out, and during this time, the stock availability relating to particular products may change. If a product you have ordered becomes out of stock before we accept the order and send you the dispatch confirmation, we shall notify you as soon as possible, will not process your order and shall refund the price you have paid for the goods including any delivery charges. Prices of products may change from time to time. From time to time our retail stores may run special local promotions (which may not be available on the Website) or we may offer special discounts online that are not available in the retail stores. If items that you order are out of stock, subject to a delay, or the price is higher than that shown on your order, we will try to contact you at the email address or telephone number you provided when placing your order. In this instance, you have the opportunity to cancel the order should you choose not to proceed. We will not process your order until we have your instructions. If we are unable to contact you, we will treat the order as cancelled, notify you in writing and refund the price you have paid for the goods including any delivery charges.

13.9 Ethical sourcing policy

(a) We are committed to offering you high quality products and to ensure that all our supplies are operating ethically, complying to national employment laws and regulations with particular regard to:

  • Minimum age of employment
  • Health and safety
  • Freedom of association and the right to collective bargaining
  • No discrimination
  • No harsh or inhumane treatment
  • Working hours and rates of pay
  • Terms of employment
  • Environmental sustainability

(b) We will never knowingly source stock from countries that are in breach of the above regulations. Where possible, we make a continued effort to look at our suppliers' ethical policies and monitor their principles to ensure they are maintained when dealing with their own suppliers.

13.10 Transactions

We take every care to ensure information provided to us by you is as safe and secure as is practical based on the nature of the transaction. However, every transaction is conducted at your own risk, and we will not be liable for any loss suffered by you, except as caused directly by negligence on our part.

13.11 Customer support

(a) If you have any queries relating to our shop, the products featured or the status of your order, please do not hesitate to contact us by using our contact form. You can also reach us via the following ways:

By post
Edinburgh Festival Fringe Shop
180 High Street
Edinburgh
EH1 1QS

By phone
+44 (0)131 226 0026

By email
shop@edfringe.com

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14. REGISTERING A SHOW

The following terms apply if you are registering a show at the Edinburgh Festival Fringe (at registration.edfringe.com), in addition to the other clauses in these terms and conditions, except for clause 12 (purchasing tickets), clause 13 (Purchasing goods from the Fringe online shop on the Website), clause 15 (App licensing terms) and clause 16 (advertising terms). All references to "we", "us", "our" etc. in this clause 14 shall refer to EFFS.

14.1 Membership of EFFS

EFFS is the organisation that underpins the Edinburgh Festival Fringe and provides services to participants and audience members alike. EFFS exists to support and encourage participants, to provide comprehensive and accurate information and ticketing from participants and the public, and to promote the Fringe as a whole. EFFS is a membership organisation and anyone can join, but we particularly encourage applications from individuals with a direct involvement in making the Fringe happen. As part of the show registration process, we request that you make all individuals connected to your show aware that they are encouraged to become a member of EFFS.

14.2 Submission guidelines

(a) In order to register a show for the Edinburgh Festival Fringe, you are required to register on the Website here and complete a Show Registration Form, which is your contract with EFFS (the "Show Contract"). EFFS will take you, as the person designated on the organisation contact page of the form, as the signatory.
(b) Your Show Registration Form will only be accepted if completed in full, so please ensure you provide all the information required.
(c) You cannot submit your Show Registration Form without the required payment.

14.3 Terms of Your contract

(a) Your completion and submission of the Show Registration Form with the required payment entitles:

  • Tickets for your submitted show(s) to be available for purchase through the Fringe booking system. A minimum of 25% of tickets for each performance of each ticketed show must be available for sale through the Fringe booking system. A commission of 4% (+ VAT) is charged on all sales through the Fringe booking system. (Tickets for sale at your venue are not provided by the Fringe booking system); and
  • You to payment of all returns made through tickets sold through the Fringe booking system, less the stated commission charges and music licensing fees, if applicable. Ticket sale revenues can be sent to the organisation contact listed on the booking form, the performer/performing company, the venue or another individual, as designated in the Payout Details section of the Show Registration Form. EFFS will send out all such returns no later than 30 September of the year in which your show will be performed.

(b) By submitting the Show Registration Form, the organisation confirms they have a signed contract with the venue(s) chosen within this form. Any failure to have a contract prior to submitting this form could lead to the show being removed from the Programme and the Website, with no refund of payment for that show.
(c) By submitting the Show Registration Form, the organisation confirms that it has obtained or is in the process of obtaining all necessary rights and permissions pertaining to the show being registered. The organisation indemnifies EFFS against any legal action pertaining to the rights or licences for the show.
(d) By submitting the Show Registration Form, the organisation confirms it is the originator of all content and is, therefore, solely liable for the content. EFFS will take no responsibility for content submitted for publication on the Website, Apps, printed Programme and other listings associated with EFFS. Under no circumstances will we be liable for any content, including but not limited to errors or omissions, or loss or damage (or claim thereof) of any kind as a result of any content contained within.
(e) By submitting an image for the show, the organisation confirms that it has obtained all necessary rights and permissions to use this image. The organisation indemnifies EFFS against any legal action pertaining to the rights for this image.
(f) By submitting the Show Registration Form, the organisation confirms that the details of the show are correct and final. Minor editing to show content is allowable during the proofing process, but any significant changes will be considered a new registration, leading to the cancellation of the existing registration and the payment of any fee difference (if applicable). Significant changes include (but are not limited to); show title, copy changes, change of venue. If your circumstances require a change to be made then please contact the Programme Team directly.
(g) EFFS shall not be responsible for checking any materials (including any links to, or content on, any third party sites) submitted as part of the Show Registration Form for publication in the Edinburgh Festival Fringe Programme and/or the Website, and shall not be held liable in respect thereof.
(h) EFFS does not tolerate any unacceptable behaviour towards our staff and contractors. EFFS have a written Unacceptable Behaviour Policy covering matters of this nature.
(i) EFFS support the rights of those who take part in the Edinburgh Festival Fringe to do so without fear of bullying or harassment. Links to supporting organisations can be found on edfringe.com.

14.4 Use of data

By completing and submitting the Show Registration Form, the organisation confirms (a) its consent; and (b) that it has obtained all necessary consents, licences and permissions from third parties, in each case to permit the collection, processing, transmission and disclosure by EFFS of all information or data submitted by you in the Show Registration Form for the purposes of organising, co-ordinating, advertising and marketing your show and/or the Edinburgh Festival Fringe, including the sharing of such information and data with carefully selected third parties for those purposes. The foregoing consents expressly include any consents required under the relevant data protection legislation in respect of personal data. The organisation indemnifies and shall keep indemnified EFFS against any loss or damage arising out of a failure or delay in the organisation obtaining consents, licences or permissions under this clause 14.4.

14.5 EFFS rights under the Show Contract

(a) EFFS reserves the right to:

  • Retain any money from ticket sales that is owing to it;
  • Refuse an application to register a show for the Edinburgh Festival Fringe by any company or individual that is a debtor to EFFS or FFTL (persistent or otherwise), or is deemed to be connected to a debtor (persistent or otherwise) of EFFS or FFTL;
  • Charge all applicable fees to any show or organisation that appears in the Programme or on the Website or the App but that withdraws from the festival before the Fringe actually starts. For the avoidance of doubt, this includes shows registered after the Programme has been finalised for print but not distributed to the public;
  • Withdraw a listing from the Programme or the Website if sufficient payment in advance is not received;
  • Edit copy for the Programme and the Website copy to reflect Fringe house style;
  • Refuse copy that contravenes Programme and the Website house style;
  • Cancel and relist a show where significant edits are requested after the stated deadline;
  • Accept corrections to a show's stated performance dates, times, durations and prices from its venue manager;
  • Your show registration must represent one show or event, and individual show copy cannot advertise or reference another show or event. Similarly, multiple registrations submitted for a single event are not permitted and will be cancelled. 
  • Refuse to publish any text or images deemed by EFFS to be inappropriate for the general audience for which the Programme or the Website is intended;
  • Refuse to allow the registration of a show or – if a show has already been registered at any time prior to or during the Edinburgh Festival Fringe – cancel a show, upon reasonable justification, including the enforcement of our Unacceptable Behaviour Policy;
  • Distribute listings and images for third party listings at EFFS' discretion; and
  • From time to time, send emails and e-bulletins regarding the Edinburgh Festival Fringe and EFFS to the contacts provided by the organisation in the Show Registration Form in line with current data regulations. This may include important information about your show, payout, deadlines and media and arts industry information. 

Furthermore, whilst EFFS will endeavour to ensure that show listings will be printed and/or uploaded in full, it will not be liable for errors or omissions. EFFS will refund a portion of fees paid solely in the event of a listing not appearing in the Programme and the Website, but will not be liable for any costs incurred by you, your organisation, your performer/performing company or your venue, including any loss of profit, business contracts, revenue, or any special, indirect or consequential damage, or loss of any nature whatsoever arising out of errors or omissions or failure to print and/or appear the Website or the App.

14.6  Indemnities and liability

(a) The indemnities granted under clauses 14.3(c), 14.3(d) and 14.4 are also granted for the benefit of FFTL, and in the event of any loss being suffered or any claim being made against FFTL, it shall be treated as being a loss suffered by EFFS. Any such loss suffered by FFTL shall not be regarded as indirect, special or consequential simply because it has been suffered by FFTL and not EFFS.
(b) The terms of clause 17 shall also apply to liability of EFFS and FFTL.

14.7  Notices

(a) Any notices given to EFFS or FFTL, or by either EFFS or FFTL to you as a business under or in connection with these terms and conditions, shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or email.

(b) A notice or other communication shall be deemed to be received:

  • If delivered personally when left at our registered office;
  • If sent by pre-paid first class post or other next working day delivery service, at 09.00 on the second working day after posting; or
  • If sent by email, one working day after transmission.

(c) In proving the service of any notice, it will be sufficient to prove – in the case of a letter – that such a letter was properly addressed, stamped and placed in the post. In the case of an email, it will be sufficient to prove that such email was sent to the specified email address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

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15. APP LICENSING TERMS

In addition to all the other clauses in these terms and conditions – except for clause 12 (purchasing tickets), clause 13 (purchasing goods from the Fringe online shop on the Website), clause 14 (registering a show) and clause 16 (advertising terms) – by downloading the App, you agree to the end user licence terms contained in this clause 15. All references to "we", "us", "our" etc. in this clause 15 shall refer to EFFS.

15.1 Downloading the App

(a) By downloading the App or clicking on the "Accept" button on the download screen on either Google Play or Apple iTunes, you agree to the terms set out in this clause 15 and our Website Privacy Policy which will bind you.
(b) If you do not agree to the terms of this clause 15, we will not license the App and Documents to you and you must delete the App immediately.
(c) As a consumer, you have the right to withdraw from your transaction without charge and without any reason before downloading the App.
(d) However, you will lose the right to cancel the transaction once you begin to download the App.
(e) This does not affect your consumer rights for an app or documents that are defective.

15.2 Services

The terms of this clause 15 apply to the App and any of the services accessible through the App ("Services"), including any updates or supplements to the App, unless separate terms apply. If any open-source software is included in the App or Services, the terms of an open-source licence may override some the terms of this clause 15.

15.3 Updates to the App

From time to time updates to the App may be issued through the appstore from whose site you downloaded the App. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and, where applicable, accepted any new terms.

15.4 Grant and scope of licence

Under the terms of this clause 15 and subject to the Website Privacy Policy and any rules or policies applied by any appstore provider or operator from whose site you downloaded the App, we grant you a non-transferable, non-exclusive licence to use the App on your device for your own personal purposes only. We reserve all other rights.

15.5  Licence restrictions Except as permitted by any local law, you agree:

(a) Not to copy the App, except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
(b) Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
(c) Not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App, or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

  • Is used only for the purpose of achieving inter-operability of the App with another software program;
  • Is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
  • Is not used to create any software that is substantially similar to the App;

(e) To keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
(f) To include our copyright notice on all entire and partial copies you make of the App on any medium
(g) Not to provide or otherwise make available the App in whole or in part (including object and source code) in any form to any person without prior written consent from us.
(h) To comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service ("Technology";
(i) Not to use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this clause 15, or act fraudulently or maliciously; for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system
(j) Not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licenced by us under the terms of this clause 15);
(k) Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
(l) Not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(m) Not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

15.6 Use of data, permissions and intellectual property

(a) By using the App or any of the Services, you consent to us collecting and using technical information about your device and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
(b) You will be assumed to have obtained permission from owners of any device that are controlled, but not owned, by you to download or stream the App onto such device. You accept responsibility in accordance with the terms of this clause 15 for the use of the App or any Service on or in relation to any device, whether or not it is owned by you.
(c) You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licenced (not sold) to you, and that you have no rights in, or to, the App or the Technology, other than the right to use each of them in accordance with the terms of this clause 15. You acknowledge that you have no right to have access to the App in source-code form. We do not sell the App to you. We remain the owners of the App at all times.
(d) Certain services will make use of location data sent from the devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on your device.

15.7 Use of the App

By using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

15.8 No warranty and limit of liability

(a) The App is provided on an "as is" and "as available" basis and, to the extent permissible by law, we disclaim all warranties and conditions, whether express and implied, in respect of the App. You acknowledge that use of the App is at your own risk and that the entire risk in respect of satisfactory quality, performance and accuracy is with you.
(b) You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
(c) We only supply the App for domestic and private use. You agree not to use the App and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
(d) Our maximum aggregate liability under or in connection with this clause 15 (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the lesser of (i) £1,000; and (ii) the value of the tickets (including the booking fee) purchased by you through the App on the occasion which has given rise to our liability to you under this clause 15. This does not apply to the types of loss set out clause 15.8(e).
(e) Nothing in this clause 15 shall limit or exclude our liability for:

  • Death or personal injury resulting from our negligence;
  • Fraud or fraudulent misrepresentation; and
  • Any other liability that cannot be excluded or limited by Scots law.

15.9 Links to third party websites

The App or any Service may contain links to other independent third-party websites ("Third-party Sites"). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

15.10 Termination of your right to use the App

Your rights under this clause 15 will terminate, without notice, if you fail to comply with any of the terms of this clause 15. Upon termination, all rights for you to use the App will cease and you must immediately cease to use the App, delete or remove the App for the device and destroy all copies of the App in your possession, custody or control.

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16. ADVERTISING TERMS

There are many advertising opportunities in both the Programme and on the Website.

If you are a participant and would like to register an advert, please click here for terms and conditions.

If you are a business and would like to register an advert, please click here for terms and conditions.

If you would like to advertise in the Fringe Central Events Programme, which contains events which are participant-facing (as opposed to the general public), please contact advertising@edfringe.com.

If you would like to advertise in the Services Directory, which contains services useful to Fringe participants, please contact advertising@edfringe.com.

All advertising queries can be addressed to advertising@edfringe.com or by phone to +44 (0)131 240 1916.

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17.  ABOUT OUR LIABILITY TO YOU

17.1 In respect of consumers purchasing tickets or goods from the Website:

(a) If either of EFFS or FFTL fail to comply with these terms and conditions, the entity failing to comply is responsible for loss or damage you suffer that is a foreseeable result of its breach of these terms and conditions or its negligence. Loss or damage is foreseeable if they were an obvious consequence of EFFS' or FFTL's breach, or if they were contemplated by you and the relevant entity at the time it entered into the contract for purchasing the tickets or goods;
(b) FFTL only supplies goods in accordance with clause 13, for domestic and private use. You agree not to use the goods for any commercial, business or re-sale purposes, and FFTL has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

17.2 In respect of business customers:

(a) EFFS and FFTL only supply tickets and goods for internal use by your business, and you agree not to use the goods or tickets for any re-sale purposes.
(b) You confirm that you have authority to bind any business on whose behalf you use the Website or the App to purchase goods and/or tickets.
(c) These terms and conditions constitute the entire agreement between you and EFFS and/or FFTL, as applicable, and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between either EFFS or FFTL, whether written or oral relating to its subject matter.
(d) You acknowledge that, in entering into a contract to purchase goods and/or tickets under these terms and conditions, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions.
(e) Subject to clause 17.3(b), each of EFFS and FFTL will under no circumstances whatever be liable to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise arising under or in connection with the terms and conditions for:

  • Any loss of profits, sales, business or revenue;
  • Loss of corruption of data, information or software; 
  • Loss of business opportunity;
  • Loss of goodwill;
  • Innocent or negligent misrepresentation or negligent misstatement; or
  • Any indirect or consequential loss.

(f) Subject to clause 17.3(b), each of EFFS' and FFTL's total liability to you in respect of all other losses arising under or in connection with these terms and conditions, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the lesser of (i) £1,000; and (ii) the value of the tickets (including the booking fee) and/or goods purchased by you on the occasion which has given rise to our liability to you under this clause 17.
(g) Except as expressly stated in these terms and conditions, neither EFFS nor FFTL gives any representation, warranties or undertakings in relation to any goods supplied under these terms and conditions. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, neither EFFS or FFTL will be responsible for ensuring that any goods are suitable for your purposes.

17.3 In respect of both consumers and business customers:

(a) So far as lawfully possible, each of EFFS and FFTL excludes all liability to you or any third party whether arising in contract, delict (negligence) or otherwise in connection with:

  • The use, inability to use, or the results of use of, the Website or App;
  • Any websites linked to the Website or App or the material on such websites;
  • Your downloading of any material from the Website or any websites linked to the Website; or
  • Viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or App.

(b) Nothing in these terms and conditions shall exclude or limit the liability of each of EFFS and FFTL for:

  • Death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
  • Fraud or fraudulent misrepresentation; or
  • Any liability which cannot be excluded or limited under applicable law.

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18. GENERAL

(a) Each of EFFS and FFTL may transfer their rights and obligations under any contract made with you under these terms and conditions to another organisation, but this will not affect your rights or EFFS' or FFTL's obligations under these terms and conditions.
(b) You may only transfer your rights or your obligations under these terms and conditions to another person if EFFS or FFTL agrees in writing.
(c) These terms and conditions are between you and FFTL in respect of the terms relating to purchase of goods, and for everything else (including, but not limited to, tickets, advertising and registration of a show), between you and EFFS. No other person shall have any rights to enforce any of its terms.
(d) Each of the clauses of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect to the fullest extent possible.
(e) If either EFFS or FFTL fails to insist that you perform any of your obligations under these terms and conditions, or if either EFFS or FFTL does not enforce its rights against you, or delays in doing so, that will not mean that either EFFS or FFTL has waived its rights against you and will not mean that you do not have to comply with those obligations. If either EFFS or FFTL do waive a default by you, it will only do so in writing, and that will not mean that it will automatically waive any later default by you.
(f) Please note that copies of contracts need to be filed or registered in certain jurisdictions in Europe. Neither EFFS nor FFTL will file a copy of these terms and conditions.
(g) We are situated in Scotland and the law of Scotland shall govern any interpretation of these terms and conditions. The Scottish Courts shall have exclusive jurisdiction in any disputes between us (if you are a consumer, subject to any non-excludable rights you may have to bring claims in your own jurisdiction.

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