Terms and Conditions

Your use of this website is subject to the following terms and conditions.

These terms apply to your use of the website kirkgateartsandheritage.org.uk and Kirkgate social media i.e  the parts of social media provided by third parties (such as Facebook) through which Kirkgate provides information.

Orders placed via the website are subject to the terms and conditions set out herein.

By continuing to access or use this site, or any service on this site including ticket and product purchases using Ticketsolve, you signify your acceptance of these terms & conditions.

From time to time, these terms & conditions may be modified. Accordingly, please continue to review these terms & conditions whenever accessing or using this site. Your use of the site, or any service on this site, after the posting of modifications to these terms and conditions will constitute your acceptance of the terms & conditions, as modified.

If, at any time, you do not wish to accept the terms & conditions, you can cease using the site. Any terms & conditions proposed by you which are in addition to or which conflict with these terms & conditions are expressly rejected and shall be of no force or effect.

INTELLECTUAL PROPERTY

The intellectual property rights in the websites and social media and the materials published on them are owned by or licensed to Kirkgate. These works are protected by copyright, trade-marks and other intellectual property rights and laws.

If you ask us to send you information emails or use the content received through our information emails you will be subject to these terms and conditions.

The service that is provided through this website is also protected as a collective work or compilation under copyright and other laws. All individual articles, columns and other elements making up the service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the site.

Photographs

Photographs in this site have been taken by various people who are credited in the ‘About’ section.  All use of images must be authorised by Kirkgate in writing.

Film cameras and photographers may be present at the Kirkgate Centre or any Kirkgate event.  By attending an event you give your consent to filming, photography and sound recording of you as a member of the audience. Kirkgate or the event promoter will own the copyright of such material and may use such films/photographs/recordings for any purpose, including commercial purposes, without payment or further notification.

Should you not want your picture taken and so used please notify the photographer otherwise your consent for use of the image for promotion and marketing will be deemed.

Restrictions on Use

  • You must not use the intellectual property, website or any part of the site or information without Kirkgate’s written consent.
  • You must not use any intellectual property for any illegal purpose or in any manner inconsistent with the terms described herein.
  • You agree to use the site and information and product provided solely for your own non-commercial use and benefit, and not use it for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.
  • You agree to protect the proprietary rights of Kirkgate in the site and services provided and to comply with all reasonable written requests made by Kirkgate to protect our contractual, statutory and common law rights.
  • You must not establish a link to the site from any other website without written consent
  • You must not do anything that damages the site or operation of the Kirkgate
  • You must not attempt to ‘hack’ our or our fulfilment partner’s security
  • You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You must not use the website or any Kirkgate social media for any of the following:

  • for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
  • to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”
  • to cause annoyance, inconvenience or needless anxiety

DISCLAIMER AND LIMITATION OF LIABILITY

You agree that your use of this site, the information and data provided and our services and any products ordered is at your sole risk and acknowledge that anything contained therein, including, but not limited to, content, services, goods or advertisements are provided “AS IS” and that Kirkgate makes no warranty of any kind, express or implied, as to the items, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use. Kirkgate does not warrant that the product, information, services or site and anything therein are compatible with your equipment or free of errors or viruses, worms or “Trojan horses” and is not liable for any damage you may suffer as a result of such destructive features.

Kirkgate will not be liable for any material on the site or social media which may be considered profane, defamatory, obscene, indecent or unlawful. Kirkgate undertakes to consider all comments and/or complaints in connection with site content and, if necessary, will remove any such material from the site.

Kirkgate will not be liable for any advice, facts, opinion or any other information of any kind provided by third parties in features, news, workshops, social media or any other forum and any such advice, facts, opinion or any other information of any kind provided by third parties in features, news, workshops or any other forum should not be interpreted as the advice or opinion of Kirkgate.

We make no warranty or representation that access to the site or the services and materials offered on the site will be uninterrupted, timely, secure or error-free.

Kirkgate will not be liable or responsible for external internet sites and links.  We provide such links for your convenience and information only.

We shall not be liable for any modification, suspension or discontinuance of the site or any part of it.

Nothing in these terms & 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 but otherwise our liability if you purchase a ticket shall be limited to the price paid by you for it.

Subject to the foregoing and to the fullest extent permitted by applicable laws, neither Kirkgate nor any of its directors, trustees, employees, affiliates or other representatives will be liable for any loss or damages (whether direct or indirect and whether caused by negligence or otherwise) arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through the site, including, but not limited to, indirect, special or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties (even if Kirkgate has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable).

In particular, Kirkgate has no liability for any loss or damage arising out of or in connection with: your inability to use our site or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or communication line failure in relation to our site, nor any theft or destruction or unauthorised access to, alternation of, or use of any record, information or content.

Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

If this clause is unenforceable in whole or in part, then in no event shall the total liability to you, of Kirkgate or any of its directors, trustees, employees, affiliates or other representatives for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the site. You understand that you, and not Kirkgate, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

GENERAL ADMISSION / TICKETS

Admission

Kirkgate is required by law to refuse admission to a film performance to anyone who in the opinion of the Duty Manager is below or appears to be below the minimum age required by the relevant classification of the British Board of Film Classification or local authority. Proof of age may be required by us. Children unaccompanied by an adult may not be admitted after certain times in accordance with our licensing conditions.

Furthermore, we reserve the right to refuse admission to or to require to leave the premises (without providing a refund) anyone:-

  • where there might be a risk to the safety of others if we do not
  • who appears to be intoxicated and/or is behaving in an antisocial way
  • who is smoking on the premises
  • who brings recording equipment into the auditorium

We reserve the right to delay or refuse the admittance of latecomers.

The following items may not be taken into the Kirkgate Centre:  Alcohol, Drinks, Bottles, Cans, Illegal Substances, Portable Laser Equipment and Pens, Unauthorised Professional Film or Video Equipment, Audio Recorders. All such items will be confiscated.  Please note that it is an offence to make a recording of a film or musical performance for sale or to distribute or communicate a recording to the public in the course of business and to the prejudice of the copyright owner. Anyone making such a recording may be arrested and prosecuted.

We reserve the right to carry out random bag checks.

No refunds will be issued to anyone who is refused entry or ejected from the Kirkgate on account of being (or appearing to be) under age, declining to be searched, abusive, threatening, drunk or other antisocial behaviour (including smoking in no smoking areas), carrying offensive weapons or illegal substances, or making unauthorised audio, video or photographic recordings.

Kirkgate does not accept any liability for your possessions within the Kirkgate Centre or at any Kirkgate event.  It is your responsibility to keep your belongings safe.

Mobile telephones, messaging equipment and all similar personal electronic equipment must be switched off during any event or performance. Customers who do not comply and disrupt the enjoyment for others may be ejected from the Kirkgate without refund.

Only food and drink purchased on the premises or through Kirkgate authorised food and beverage partners with Kirkgate authorisation may be consumed within the Kirkgate, unless items are required on proven medical grounds or for babes in arms.

The use of electronic cigarettes is prohibited throughout Kirkgate.

Tickets

The purchase of a ticket entitles the bearer access to the performance/event named at the stated time and date.

‘Ticket’ shall mean a physical ticket an emailed ticket or a ticket displayed on a mobile device provided that the ticket is purchased from Kirgate authorised fulfilment partners or from Kirkgate.

Ticket prices are subject to change. Kirkgate reserves the right to change the prices of tickets and/or introduce discounts/special offers which cannot be retrospectively applied to tickets already purchased.

All discounts/special offers are offered subject to availability and therefore tickets may not be available at all advertised prices at all times.

Concession/discounted ticket prices must be applied for at the time of purchase and cannot be applied to tickets already purchased. Proof of entitlement to a concession/discount may be requested from you at the time of booking and/or when they attend the event. Failure to produce reasonable proof of entitlement to a concession/discount may invalidate the ticket and result in refusal of admittance or ejection from the Kirkgate.

Concessions/discounts are offered individually and cannot be used in conjunction with one another. If you are eligible for multiple concessionary/discounted rates then you will receive the cheapest singularly discounted price, not a cumulatively reduced price.

You must not resell or offer for resale any tickets (whether at a premium or otherwise) or use tickets for advertising or promotions 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.  Kirkgate is under no obligation to rectify mistakes after purchase of tickets. We are not obliged to replace lost or stolen tickets but may do so at our discretion. Please keep your tickets safe.

It is your responsibility to assess the suitability of an event for children where no official age restriction applies.

A waiting list may be kept for sold out events to assist customers who can no longer attend. Kirkgate may charge an administration fee for facilitating the transfer of tickets.

Covid 19 – Tickets

We will contact customers directly if a show has been cancelled or postponed. If a show is postponed then your tickets will automatically be transferred to the new date. If the rescheduled date isn’t convenient, or a show is cancelled, then you can choose to exchange your tickets for another show later in the year, receive a refund of the value of your tickets to a gift voucher to spend when you feel ready to decide, or receive a refund.

As soon as we know that a show has been postponed or cancelled, we will contact you directly.

Changes to Performances

Kirkgate does all it can to ensure that performances take place in accordance with the advertised programme. However, we reserve the right to cancel a performance/ or event, vary its time or vary the headline act or bill (in the case of music or comedy).  If this becomes necessary because of circumstances beyond our control. We will, at our discretion, refund the cost of the ticket or issue another ticket for the same performance/event on an alternative occasion. No other compensatory payments will be made.

If an event is abandoned after commencing you will be offered, subject to availability, equivalent value tickets for an alternative performance of the same production or the ticket will be refunded at face value.

Price and availability information is subject to change without notice.

Enjoyment/Safety

Please consider the enjoyment of every member of the audience.  Kirkgate is a no smoking centre.

  • Please ensure that mobile phones and pagers are set not to ring during performances.
  • Do not bring animals to a performance (Guide and Hearing dogs are welcome)
  • Ticket holders may be subject to continuous sound levels that may cause potential damage in some people. Ticket holders may be exposed to strobe lighting. It is your responsibility to ensure that you and your family are protected. Customers with known medical conditions who may be susceptible to such lighting effects or continuous noise levels are recommended to seek further advice.

All gangways, passages and staircases are kept entirely free from chairs or any other obstruction and no person shall be allowed to sit or stand during any performance or entertainment in such gangways passages or staircases unless permission has been granted.

You will be permitted to leave by all exits and entrance doors after each performance, except those marked ‘Emergency Exit’.

LAWS AND DISPUTES

If you live in the UK, these terms are governed by English law and the English courts.

If it is found by a Court that any of these terms & conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.