Terms and Conditions for Events
These terms and conditions relate to the Free Q&A ticketed events which form part of the AGORA Mentoring on Tour Programme and are intended for anyone attending these events only.
1. Introduction
1.1 These terms and conditions (the “Terms”) govern all use of the website situated at www.newlynartschool.co.uk (the “Website”), all booking of and attendance at events (the “Events”) run by Newlyn School of Art registered in England as a company limited by guarantee with company number 07621257 whose registered office is at The Old Board School Chywoone Hill Newlyn Penzance Cornwall TR18 5AW (“our”, “we” or us”). By accessing our Website or booking a ticketed event you agree to be legally bound by these Terms as they may be modified and posted on our Website from time to time. We hope that these are acceptable to you but if they are not then you should not book a Course or use our Website for any purpose.
1.2 If you are booking a free ticked event online or over the phone, then to the extent applicable, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This will ordinarily be supplied by us to you by email. You should ensure that this information which will form part of the contract is correct before a contract is entered into between us.
General Provisions
2.0 Places on Newlyn School of Art free ticketed events are allocated on a first come first served basis. If you are unable to attend please let us know so we can re-release your ticket.
2.1 We will endeavour to supply the speaker advertised however we reserve the right to change the speaker, timing or content due to the unavailability of the speaker at anytime.
2.2 If you have a disability/additional support needs please contact us before booking so we may ensure that the venue/s have suitable access. Please ensure that you provide us with full details of any specific requirements that you may have and again we will endeavour to accommodate you.
2.3 Free Tickets cannot be booked for anyone under 18 years of age unless accompanied by an adult.
2.4 Booked tickets on Newlyn School of Art are not for resale.
Cancellation by You
3.0 As per clause (2.0) if you are no longer able to attend a Newlyn School of Art free ticketed event please contact us on 01736 365 557 so we can re-release your ticket as numbers are limited.
Cancellation by us
3.1 In addition to and without prejudice to our rights in clause 2.1, we reserve the right to cancel any event at any time. Please note that we will not refund the cost of any accommodation or travel you may have booked under any circumstances (including cancellation for a Force Majeure Event).
Your Conduct
4.1 If we in our sole and absolute discretion consider that you have behaved unacceptably then we reserve the right to require you to leave the event immediately. All attendees are expected to conduct themselves in a reasonable manner and accordance with our rules and regulations and those of the venues we use.
Accommodation/Transport to and from Events
5.1 You are responsible for arranging your accommodation and transport.
Liability
6.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching this contract or our failing to use reasonable care and skill. We are not liable for losses that were not caused by any breach on our part or were not foreseeable as a result of us breaching this contract when the contract was formed.
6.2 You have certain rights under the Consumer Rights Act 2015 and nothing in these terms and conditions seeks to limit or exclude those rights that were not permissible to do so. We also do not exclude or limit in any way our liability to you for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; not providing services with reasonable skill and care; or where it would be unlawful to do so.
6.3 We are not liable for business losses.
6.4 You are advised not to bring any items of special value. We will not accept responsibility for the loss of any personal possessions.
6.5 We will not be liable for any loss suffered by you resulting from any event which is beyond our reasonable control including but not limited to acts of God, wars, riots, civil commotions, malicious damage, compliance with any law or governmental order, rules, regulations or directions, accidents, breakdowns of plant or machinery, fires, floods, extreme weather, pandemics, epidemics or other outbreaks of disease or infection, or failure in the supply of electricity, heating, lighting or telecommunications equipment (each being a “Force Majeure Event”).
6.6 Transport and accommodation arrangements made by you with the respective providers of transport and accommodation are outside the terms of this Agreement and we exclude all liability about your transport and accommodation arrangements including any costs that you might incur in the event of cancellation of the free ticketed event by you or by us.
Data Protection/Intellectual Property
7.1 We will only use the personal information you give us: to help us provide courses/events and to inform you about similar Courses/events unless you tell us that you do not want to receive this information. We may sub-contract the provision of Courses/events to external teachers and by accepting these Terms you consent to this use and storage of your data. We will not pass your data to any other third parties. For further information on how we use your personal information please see our Privacy Policy.
Your attention is drawn to our Privacy Policy which sets out your rights and our responsibilities in relation to data protection. The Privacy Policy can be seen on our website at https://www.newlynartsschool/about-us/privacy-policy
Please read the Privacy Policy and raise any queries or concerns you may have via an E-mail to info@newlynartsschool.co.uk
You confirm that you have read and understood the terms of the privacy policy and understand that the privacy policy explains the ways in which we intend to process your personal data. You understand that we do not need your consent when we process your personal data for the purposes set out in that privacy policy.
7.2 You are aware that this is a filmed event and you may be incidentally appear in photographs or filmed footage that may be used to promote future events or Newlyn School of Art. You hereby grant and licence the right to Newlyn School of Art to use your image in any photograph taken by us or on our behalf or supplied by you to us for advertising purposes including without limitation on our website and in our brochures andother promotion such as newsletters and social media.
7.3 The contents of our Website are protected by international copyright laws and other intellectual property rights. We are the owner or the duly authorised licensee of such copyright and all intellectual property rights in the mark “Newlyn School of Art”. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute by any means or in any manner any material or information on or downloaded from our Website without our permission.
7.4 Whilst singular techniques shown or used by our tutors/speakers may be found in the public domain, their individual methods, uses of tools and processes or any combination specific to them therein may not be shared or copied.
7.5 You may not offer for sale, or sell any work you produce that could in any way be regarded as work created by any of the artists who teach for Newlyn School of Art; irrespective of whether a credit is given.
General
8.1 We reserve the right to make changes to or suspend any aspect of our Website or Courses/Events from time to time.
8.2 You undertake and warrant that all the information that you supply about the booking of any free ticketed event is correct . Any breach of this clause 8.2 entitles us to cancel your booking at any time.
8.3 We make no representations whatsoever about any other websites which you may access through our Website or which may link to our Website. When you access any other website you understand that it is independent of us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content or the use of such a website and we shall not be liable for any loss or damage caused or alleged to be caused by such link/website.
8.4 These Terms shall also apply to any person that attends a free ticketed event in substitution for the person that made the booking pursuant to the Contracts (Rights of Third Parties) Acts 1999 and references to “you” are deemed to include references to such attendee(s).
8.5 All notices should be sent to the contact details provided to you when you make a Course booking. All notices should be sent to us at Newlyn School of Art, The Old Board School, Chywoone Hill, Newlyn, Cornwall TR18 5AW or email info@newlynartschool.co.uk
8.6 Notices will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or if by post 3 days after the date of posting.
8.7 You agree to indemnify us about any complaint or action taken against us by any third party as the result of your behaviour or actions whilst attending a Newlyn School of Art free ticketed event or for any statements made or images posted on any site on the internet at any time. You further give your consent to the removal by us at any time and at our discretion of any content posted by you on our Website or any website or part of a website that is controlled by us and undertake to remove any posts made by you or material posted by you from any website immediately upon request by us without having to give a reason for such request.
8.8 No failure or delay by us in enforcing any of our rights under the Contract shall be deemed to be a waiver of such right.
8.9 The Terms are governed and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English Courts.
By attending Newlyn School of Art free ticketed events you confirm and agree the above and agree to be bound by it and this has been indicated by you via an obligatory tick box at the time of booking a place on the Event page via the Newlyn School of Art website.