Terms & Conditions

General 

1. 1. 1. In these terms and conditions (Terms), the following words shall have the meanings set out below:
         1. Ticket means any ticket for attending a live event (including, but not limited to, timed events, talks, concerts, recordings or other ticketed events) offered for sale by us or our authorised agents, and any reference to a event shall include any of these; 
         2. Venue means Lightroom, 2 Lewis Cubitt Square, Kings Cross, London, N1C 4DY
         3. we means Lightroom KX Limited registered in England and Wales with Company number 14055902 whose registered office is 7 Savoy Court, London, England, WC2R 0EX; and us and our shall be construed accordingly; and 
         4. you means you or anybody who in our reasonable opinion is acting with your authority or permission; and your shall be read accordingly.
      2. References in these Terms to a Ticket shall also where relevant include Lightroom gift and/or credit vouchers, except to the extent that there is any inconsistency with the provisions of clause 10 (in respect of vouchers), in which case the provisions of clause 10 shall prevail, as applicable.
      3. All Tickets are sold subject to availability and to these Terms, as applicable. By purchasing any Ticket, you accept that these Terms will govern that purchase for you and any members of your group. Any Ticket obtained in breach of these Terms shall be void (and non-refundable) and all rights conferred or evidenced by such Ticket, Membership or voucher shall be void. 

Purchase 

1. 1. Any purchase of Tickets is only valid when processed by us or an agent authorised by us. We are not responsible for any Tickets that have been sold through unauthorised methods. 
   2. By making a purchase you warrant to us that all details supplied by you are true and accurate.  If you are under 18 years of age you may purchase Tickets only with the involvement of your parent or guardian.
   3. Tickets may be restricted to a maximum number or sold subject to certain restrictions, such as a minimum age for entry. Any such restriction shall be displayed on our website or otherwise notified to you before or at the time you book. It is your responsibility to ensure that you read all notifications displayed on our website. We reserve the right to cancel any Ticket(s) purchased in excess of the maximum number (without prior notice unless the purchase of Ticket(s) in excess was due to our error, in which case we will notify you prior to cancellation).
   4. If you purchase Tickets over our website:
      1. completion and submission of the online booking form shall constitute an offer by you to purchase Tickets subject to these Terms. Once you submit the online booking form, we will process the form, confirm that you have sufficient funds to cover the total cost of the transaction and then charge your payment card accordingly. This in itself does not constitute acceptance of your offer and no order shall be accepted until we have received full payment in cleared funds; 
      2. if payment is taken, an on-screen confirmation will be displayed and we will send you a confirmation email acknowledging your booking and setting out the details of your booking. Only the email confirmation shall constitute our acceptance of your booking and create a contract with us and the contract will relate only to those Tickets indicated in the email confirmation. The only language available for the conclusion of a contract shall be English;

Details of all contracts concluded online (including the method of payment but not the card details) will be kept on file by us and can be provided to you upon request. 

1. It is your responsibility to check that any Ticket issued to you is accurate as mistakes cannot always be rectified after purchase and any corrections are at our discretion. Please contact us immediately if there are any mistakes, but amendments after confirmation may not be possible. It is also your responsibility to inform us if there are any changes to your details once your booking has been made. You can manage your booking by logging into your account.

Price and payment

1. 1. 1. The price of all Tickets will be advertised on the website based on the best available information to us but we are not obliged to conclude any contract at that price. All advertised prices are inclusive of any applicable taxes but exclusive of any per transaction telephone booking or delivery fee. Any discounts are subject to availability and our discretion and cannot be booked in conjunction with or combined with any other reductions or offers.
      2. If you are paying for your Tickets using a third-party credit/debit card, you must provide us with written authorisation from the card holder. We reserve the right to cancel any booking which we reasonably suspect to have been made fraudulently.

Delivery and/or collection

1. 1. You will receive your Tickets as an e-ticket. We reserve the right to make any Tickets available for collection at the Venue only; if this becomes necessary, we will notify you by telephone, email or in writing of the arrangements for collection using the details provided at the time of ordering. 
   2. If you are collecting your Tickets from the Venue, we may require the credit/debit card used to make the order and your booking confirmation if you have booked online. You may also be required to present photographic ID and proof of entitlement to any concession. If the cardholder cannot be present, please contact us at tickets@lightroom.uk.
   3. Tickets received as an e-ticket will be delivered to the email address provided when you registered for an online booking account on our website. You may either print your e-ticket (which must be done clearly and to scale on plain, clean, white A4 paper) or present it on your mobile device (in which case, please download it to your device in advance as mobile connectivity strength at the Venue cannot be guaranteed). We may also require the credit/debit card used to make the order, photographic ID and proof of entitlement to any concession, as described in clause 4.2. 

You may not duplicate an e-ticket and must retain it until the end of an event. In the event of unauthorised duplication, we reserve the right to refuse entry to all relevant Ticket holders and may credit the original purchaser the face value of the Ticket(s), which will constitute full remuneration. In the event that we issue a hard copy duplicate Ticket, this will render the original e-ticket void. We shall not be liable for any inconvenience caused by unauthorised duplication and shall have no responsibility for problems with printing or downloading any e-ticket. 

1. We will not be responsible for any Ticket that is lost, stolen or destroyed. It is not always possible to issue duplicate tickets and the issue of duplicates is always subject to our reasonable discretion. 

Transfer

1. 1. 1. If you wish to transfer your Tickets into someone else’s name, please contact us by email or telephone at least 24 hours before the start of the event time and we will do our best to accommodate the change.
      2. Except as permitted by clause 5.1, Tickets are non-transferable and may not be resold for commercial purposes or at a premium. We reserve the right to cancel without notice any Ticket that we believe has been transferred or resold in breach of this condition, to refuse admission to the bearer or the person claiming the right to attend. We will blacklist any buyer who resells or offers for re-sale any Ticket through a secondary ticketing facility as defined in the Consumer Rights Act 2015.

Exchanges and refunds

1. 1. We shall not refund any Ticket(s) after purchase. 
   2. Ticket(s) may be exchanged for later events or credit vouchers subject to availability but this cannot be guaranteed. 
   3. If you wish to exchange your Ticket(s) or receive a credit voucher under clause 6.2, you must inform us no later than 2 hours prior to the performance time given on the Ticket(s).
   4. If Tickets are not returned in time to exchange them or receive a credit voucher under clause 6.2, we may at our discretion offer to resell them on your behalf (but shall in no circumstances be obliged to do so). If we successfully resell your Ticket, we will refund to you the face value of the Tickets purchased (excluding any delivery charges) minus an administration fee of £2 per Ticket. Please note, we will sell all of our own Tickets before we offer any returned Ticket for resale and we cannot guarantee the successful resale of any returned Ticket. Returned tickets may be withdrawn from re-sale at any time at your request and/or at our discretion.
   5. If Tickets are not used at the time of the attendance date/time of the Ticket, no refund will be given for non-attendance.

We will contact you within 14 days of the event, by e-mail where possible, to let you know whether your Tickets were resold. If you fail to hear from us within 14 days, please email us at tickets@lightroom.uk.

1. Where we are unable to perform a contract on the date(s) agreed because the event in question has been cancelled or is abandoned when less than half the event has taken place, we will refund to you the face value of the Tickets purchased (excluding any delivery charges).  Where more than half of the event has taken place we may, at our discretion, refund to you the face value of the Tickets purchased (excluding any delivery charges). 
2. Refunds shall only be made to the person who purchased the Tickets and shall when possible be made by the same method used to purchase the Tickets (except, at our discretion, where payment was made by cash).

Cancellation

1. 1. 1. If an event is cancelled or rescheduled, where there is sufficient time, we will use reasonable endeavours to notify you using the details you provided us with at the time of ordering. However, we do not guarantee that you will be informed of such cancellation or rescheduling before the date of the event and it shall remain your responsibility to ascertain whether an event has been cancelled or rescheduled. Please ensure that you inform us of any change to the contact address, telephone number or email address you provide us with at the time of ordering. (See also clause 6.4 on refunds in the event of cancellation.)

Conditions of entry 

1. 1. 1. A valid Ticket must be produced to get into an event. Removing any part of, altering or defacing the Ticket may invalidate your Ticket. 
      2. Please ensure the relevant ticket type has been purchased for the relevant ticket holder.  We retain the right to ask for ID if necessary to confirm any concessionary rate purchased.
      3. We reserve the right to refuse admission and may request any Ticket holders to leave (taking any such appropriate action which may be necessary to enforce this right) before or during an event if in our reasonable discretion we consider it to be necessary to do so. No refunds will be given to Ticket holders who are refused entry or ejected due to their own behaviour. We may also, on certain occasions, have to conduct security searches to ensure the safety of visitors.
      4. Latecomers will be asked to wait until a suitable time slot depending on availability before being admitted for entry, but this may not always be guaranteed.
      5. Ticket holders who leave the event may only re-enter at the discretion of the management. Otherwise, there will be no re-admission or pass-outs of any kind. The obstruction of gangways, access-ways, exits, entrances or staircases, congregating in non-designated areas or seeking entry to areas for which you do not hold a Ticket is strictly forbidden.
      6. Please note that flashing lights and loud noises are sometimes used and we will endeavour to give you enough prior notice when this is applicable.
      7. Mobile phones and other electronic equipment must be silenced before entering the auditorium. No cans or glass containers may be brought into the auditorium that have been brought from outside the Venue.
      8. The use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data inside an event is strictly forbidden. Unauthorised recordings, tapes, films or similar items may be confiscated and destroyed. Any recording made of an event in breach of these Terms shall belong to us. We will not be liable for any loss, theft or damage to confiscated items.
      9. We (and authorised third parties) may carry out general filming and sound recording in or about the Venue including without limitation in connection with an event. By purchasing Tickets, you consent to you and your party being included in, and to the commercial exploitation of, such films and recordings without payment. You further agree to being filmed by police or security staff for security and crime prevention purposes.
      10. You must comply with all relevant statutes, safety announcements, regulations of the Venue and instructions and directions given by Venue staff whilst attending an event.
      11. Possession of a Ticket does not confer any rights (by implication or otherwise) on you to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Ticket.
      12. No Ticket can be used for advertising, promotions, contests or sweepstakes without our formal written permission, provided that even if such permission is obtained, use of our trade marks and other intellectual property is subject to our prior consent.

Access Tickets and Concessionary Tickets

1. 1. 1. These Terms apply in full to Tickets sold to Access List and Concessions. In addition, such Ticket holders agree to comply with the Access List terms and conditions (as applicable). 
      2. We reserve the right to cancel and refund any discounted Tickets that contravene our eligibility policies and to cancel any Access List membership where any Ticket(s) made available by virtue of such membership have been transferred or resold in breach of these Terms. 
      3. For the avoidance of doubt, only customers with the correct ID can book concessionary rates. We have the right to ask for ID during the visit to the venue.

Credit and gift vouchers

1. 1. 1. Vouchers may be used as part or full payment for Ticket purchases only and can be redeemed online, by phone or in person. The redemption of a voucher is strictly subject to availability and we cannot guarantee the availability of any Tickets.
      2. Subject to these Terms, a voucher is valid for 12 months from the date of issue or purchase (as applicable) and, subject to clause 10.3, is non-refundable, non-transferable and cannot be resold or exchanged for cash. For the avoidance of doubt, no refund (either full or partial) shall be paid if a voucher is not redeemed in full by its expiry date.
      3. You have the right to cancel the purchase of a voucher within 14 days of purchase. If you do cancel a voucher within such a period, you will receive a full refund, provided that we shall be entitled to deduct from such refund the amount of the voucher used or redeemed prior to the cancellation date. For the avoidance of doubt, if the entire voucher has been used or redeemed you will not receive a refund. If you wish to cancel a voucher and are eligible to do so, please contact us at tickets@lightroom.uk.
      4. A lost voucher cannot be replaced and we shall have no liability for any lost, unused or unredeemed voucher. Any Tickets supplied following redemption of a voucher which are unused will not be replaced or refunded or be otherwise transferable except in accordance with these Terms. 

Liability

1. 1. Subject to clause 11.2, our total liability to you, whether in contract, tort (including, without limitation, negligence) or otherwise, is limited to the total Ticket price paid by you excluding any per transaction telephone booking and delivery fees. We shall not be liable for any indirect, special, consequential or unforeseeable losses or for any economic losses (including without limitation loss of revenues, profits, contracts business or anticipated savings) or any loss of goodwill or reputation; for any arrangements including travel, accommodation or hospitality relating to any performance; or for any loss, theft or damage of personal belongings (other than caused as a result of our negligence or other breach of statutory duty).
   2. Nothing in these terms or conditions excludes or limits our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, for fraud or for any other liability which cannot by law be excluded or limited. Nothing in these Terms is intended to affect your statutory rights. 
   3. We will not be liable to you for failure to perform any obligation under these Terms to the extent that the failure is caused by any factors beyond our reasonable control, including (without limitation) acts of god, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defense requirements, acts or regulations of national or local governments, power failure and failure of sound or lighting equipment.

Data protection

We will collect, use, store and disclose your personal details in accordance with our privacy policy which can be accessed here.

Contact, complaints and code of practice

1. 1. If you need to contact us, or if you wish to complain about your experience using or making any purchase on our website, you can do so using any of the following methods:
      1. email: feedback@lightroom.uk
      2. letter: Lightroom, 2 Lewis Cubitt Square, Kings Cross, London, N1C 4DY

If we are unable to settle any dispute by negotiation and you are not satisfied with our final response, you may attempt to settle it through Alternative Dispute Resolution and can contact The Society of Ticket Agents and Retailers (STAR).  We are members of STAR and they provide a free and approved dispute resolution service for customers of STAR members.

You can reach STAR on 01904 234 737, or +44 1904 234737 if calling from outside the UK (10am-5pm Monday to Friday), or by completing the complaints form or email info@star.org.uk.

 

As an online trader, pursuant to European Union legislation, you may use the following link to the European Commission’s Online Dispute Resolution platform, where you can access further information about online dispute resolution.

 

1. We are a member of STAR (Society of Ticket Agents and Retailers). STAR’s Code of Practice can be accessed at http://www.star.org.uk/media/964/cop.pdf.

Other

1. 1. Waiver

No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise by us of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. 

1. Assignment

We shall be entitled at any time to transfer, assign, charge, sub-contract or otherwise dispose of any of our rights and obligations under a contract incorporating these Terms provided that your rights are not adversely affected, but you may not do so without our prior written consent.

1. Severability

Notwithstanding that the whole or any part of any provision of this agreement may prove to be illegal or unenforceable the other provisions of this agreement and the remainder of the provision in question shall remain in full force and effect. 

1. Third Parties

Nothing contained in any contract concluded incorporating these Terms is intended to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any third party.

1. No partnership or agency

Nothing in these Terms or any contract concluded incorporating these Terms, and no action taken by either party pursuant thereto, is intended, or shall be deemed, to constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for by these Terms. 

1. Amendments and Variations

No variation of any contract concluded incorporating these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives), provided that any change to these Terms that is required to be made by law or governmental authority may apply to orders previously placed.

1. Entire Agreement

These Terms constitute the entire terms of agreement between the parties relating to their subject matter and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to such subject matter.  Each party acknowledges that in entering into a contract to which these Terms apply it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) by any person (whether party to these Terms or not) that is not set out in this agreement.  Nothing in this clause shall limit or exclude any liability for fraud.

1. Governing Law and Jurisdiction

These Terms and any contract concluded incorporating these Terms, their construction and interpretation and any dispute or claim arising out of or in connection with them, their subject matter or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales to which the parties submit.

These terms and conditions of use (Terms) govern your access to and use of this www.lightroom.uk (the Website, as applicable). By accessing and/or using the Website, you agree to comply with and be bound by these Terms and by our privacy policy. You also confirm that you have read and agreed to our cookies policy. You are also responsible for ensuring that all persons who access the Website site through your internet connection are aware of and comply with these Terms. Please contact us at contact@lightroom.uk if you have any questions.

The Website is directed to people residing in the United Kingdom. We do not represent that content available on or through the Website is appropriate or available in other locations. We may limit the availability of the Website or any service or product described on the Website to any person or geographic area at any time. If you choose to access the Website from outside the United Kingdom, you do so at your own risk.

www.lightroom.uk  are owned and operated by Lightroom KX Limited (registered in England and Wales, company number 114055902 whose registered office is 7 Savoy Court, London, England, WC2R 0EX and our main trading address is Lightroom 2 Lewis Cubitt Square, Kings Cross, London, N1C 4DY.  In these Terms, us or our or we refers to Lightroom KX Limited; you or your refers to the user or viewer of this website.

1.         Your use of the Website

1.1         All material and content contained within the Website is made available for your personal non-commercial use only. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal non-commercial use only. You must not modify the paper or digital copies of any materials that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequence or any graphics separately from any accompanying text. Any other use of the material and content of the Website is strictly prohibited. If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

1.2         All copyright, trademarks and all other intellectual property rights in all material or content contained within the Website shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorised by us. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

1.3         If you create, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and, in particular, you must not disclose it to any third party. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at contact@lightroom.uk.

1.4         You will use the Website in accordance with all relevant laws.

1.5         You will not:

(a) copy, reproduce, transmit, transfer, publish, display, distribute, perform, sell, commercially exploit, license works from or create derivative works of any material and content contained within the Website (other than temporarily in the course of using our booking service or as permitted by law);

(b) modify or alter any part of the Website in any way;

(c) attempt in any way to gain any unauthorised access to any part of the Website, the server on which the Website is stored or any server, computer or database connected to the Website;

(d) use the Website or any part of it for any purpose which is illegal;

(e) link to or use the Website or any part of it for any purpose or in any way which in our opinion: (i) harms or takes advantage of our business or reputation; (ii) is defamatory, offensive or of an obscene or menacing character or may cause annoyance, inconvenience or needless anxiety; or (iii) suggests any form of association, approval or endorsement on our part where none exists;

(f) upload or transmit through the Website: (i) any material containing computer viruses, macro viruses, trojan horses, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures or good working order of computer or telecommunications equipment; or (ii) any material which, in our opinion, harms our business or is in any way defamatory, offensive or of an obscene or menacing character or may cause annoyance, inconvenience or needless anxiety; or

(g) use the Website in a manner which: (i) may cause the Website to be interrupted, damaged, rendered less efficient or may in any way impair the effectiveness or functionality of the Website; or (ii) violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);

and you will not assist or facilitate any third party to do so.

1.6              In the event that you have any right, claim or action against any end user of the Website arising out of that end user’s use of the Website, you will pursue such right, claim or action independently of and without recourse to us.

2.         Website and Terms subject to change

2.1         We reserve the right to modify or withdraw, temporarily or permanently and without notice, the Website, any part of it or any permission(s) relating to it.

2.2         We reserve the right to change these Terms from time to time. Your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether these Terms have been changed. If you do not agree to any change, you must immediately stop using the Website.

2.3         We reserve the right:

(a) to monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms or complaints relating to the Website and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website); and/or

(b) to record, preserve, trace and disclose anything which has been transmitted to, from or via the Website where required by law or where we are acting in good faith.

 3.         Data protection

We will collect, use, store and disclose your personal details in accordance with our privacy notice which can be accessed here.

 4.         Third-party links, websites and resources

The Website may contain links to websites or resources operated by parties other than us. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

5.         Disclaimers and limitation of liability

 5.1         Whilst we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy and accept no liability for any loss, damage or inconvenience caused as a result of reliance on such information.

5.2         The Website is provided on an “as is” and “as available” basis without any representation or endorsement. Unless specified in separate terms and conditions relating to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.

 5.3         Whilst we will use reasonable endeavours to maintain the Website, the Website is subject to change from time to time and we will not be liable to you or any third party if you are unable to use any part of the Website because of a modification, failure, suspension or withdrawal of all or part of the Website for any reason.

 5.4         Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server which makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.

 5.5         You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.

 5.6         We shall not be liable in contract, tort (including, without limitation, negligence) or otherwise for any indirect, special, consequential or unforeseeable losses or for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings) or any loss of goodwill, reputation or business opportunity.

6.        Other

6.1         Waiver

No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise by us of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

 6.2         Severability

Notwithstanding that the whole or any part of any provision of these Terms may prove to be illegal or unenforceable the other provisions of these Terms and the remainder of the provision in question shall remain in full force and effect.

 6.3         Entire Agreement

These Terms together with the privacy policy (each as amended from time to time) constitute the entire terms of agreement between the parties relating to their subject matter and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to such subject matter.  Each party acknowledges that in entering into a contract to which these Terms apply it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) by any person (whether party to these Terms or not) that is not set out in this agreement.  Nothing in this clause shall limit or exclude any liability for fraud.

 6.4         Governing Law and Jurisdiction

These Terms, their construction and interpretation and any dispute or claim arising out of or in connection with them, their subject matter or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales, provided that we also have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.