Dartmoor Zoo Ticket Portal

Terms & Conditions

DIGITAL TICKETING SERVICES LTD TERMS AND CONDITIONS

Acceptance of Terms

This agreement will be governed by the laws of England and you hereby agree to be bound exclusively by the jurisdiction of the English courts without reference to rules governing choice of laws.

These terms and conditions govern all use by you as a ticket purchaser.  The software and services offered by Digital Ticketing Systems Ltd are offered subject to your acceptance without modification of the terms and conditions contained herein and operating rules, procedures and policies of Digital Ticketing Systems Ltd.  By using or accessing these services you agree to all of the terms and conditions herein.  If you do not agree to any terms, conditions, rules, policies or procedures, do no use or access the services.

Modification of Terms

Digital Ticketing Systems Ltd reserve the right to modify these terms and conditions as required without notice and your continued use of our services will be deemed as acceptance of this agreement.

Limitation of Liability

Digital Ticketing Systems Ltd’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.

The limitation on any exclusion from liability contained in these conditions shall be subject to the provisions of second 2(1) of the Unfair Contract Terms Act 1977.

Digital Ticketing Systems Ltd will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unseen event beyond its reasonable control including without limitation Internet and Communication outages, fire, flood, war or act of God.

Online Security

To ensure that your online shopping experience is secure, your credit/debit card details will be encrypted on a secure server to minimise the possibility of someone being able to read them as they are sent over the Internet.

Refunds and Cancellations

Digital Ticketing Systems Ltd cannot issue refunds under any circumstances.

Contact Dartmoor Zoo (01752 837645) who may be able to move your booking subject to availability.

Event Cancellation

If the event is cancelled or attraction closed we will not be liable for costs of travel fares, hotels, or any other expenses that may be incurred, and you will not receive a refund for your booking.

It is solely your responsibility to ensure the event or attraction is open before travelling. Digital Ticketing Systems Ltd is under no obligation to inform you if the event or attraction is closed. We strongly advise that you check before making travel and accommodation arrangements.

If the event or attraction is closed we are unable to refund or part refund any tickets, we are also unable to transfer your purchase.

Force Majeure

The definition within this clause applies within the Contract.

Force Majeure Event: Any event arising that is beyond the reasonable control of the affected party (including any industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, civil riot or war).

If Digital Ticketing Systems Ltd or any of the event organisers and attraction owners that we represent are prevented (directly or indirectly) from performing any of its obligations under the entry agreement by reasons of act of God, strikes, trade disputes, breakdowns, government or political action, interruption of transport, acts of war or terrorism, acts of omissions by a third party for any other reasons whatsoever outside of our control, then neither Digital Ticketing Systems Ltd nor the event organisers and attraction owners that we represent will be under no liability whatsoever to you and may as its option, cancel the event or close the attraction.

By registering to attend an event or visit an attraction, you have confirmed that you have read and understood these terms and conditions.

Severance

If any provision (or part of a provision) of our Terms and Conditions of the Contract is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

 

DARTMOOR ZOOLOGICAL SOCIETY

TERMS & CONDITIONS IN RESPECT OF THE SALE OF ADMISSION TICKETS

These Terms and Conditions set out how the relationship between You and Dartmoor Zoological Society (the Charity) will operate in regard to the purchase by You of the goods sold by the Charity on the Dartmoor Zoological Society Website (the Website) through the third party ticket provider Digital Ticketing Systems Ltd (DigiTickets).

Please read these Terms and Conditions carefully.

You may have other rights granted by law and these Terms and Conditions do not affect such rights.

1                 The Parties

1.1             Dartmoor Zoological Society is a Charitable Incorporated Entity registered with the Charity Commission for England and Wales whose registered office is at Dartmoor Zoological Park, Sparkwell, Devon, PL7 5DG (the Charity).

1.2             You can telephone the Charity on 01752837645 and email us at zoobase@dartmoorzoo.co.uk. You can write to Dartmoor Zoo or Dartmoor Zoological Society at Dartmoor Zoological Park, Sparkwell, Devon, PL7 5DG.

1.3             You are the other party to these Terms and Conditions and will enter Your identification details into the Order Form.

1.4             Digital Ticketing Systems Ltd provide the secure ticket purchasing system, who have their own Terms and Conditions listed in the previous section.

2                 Definitions and Interpretation

2.1             In these Terms and Conditions the following words and phrases shall have the following meanings:

2018 Act means the Data Protection Act 2018;

Carrier means the organisation contract to deliver the Goods You have Ordered;

Conditions means these terms and condition under which You agree to purchase the Goods;

Data Controller shall have the same meaning as in the DPL;

Data Processor shall have the same meaning as in the DPL;

Data Subject shall have the same meaning as in the DPL;

DPL means the 2018 Act and the GDPR;

GDPR means EU Regulation 2016/679  of the European Parliament and of the Council of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the General Data Protection Regulation) which has been directly imported into the law of England and Wales, Scotland and Northern Ireland (UK Law) by virtue of section 3 of the European Union (Withdrawal) Act 2018 as amended by the Data Protection, Privacy and Electronic Communications (Amendment Etc.) (EU Exit) Regulations 2019;

Goods any ordered by You and sold by the Charity from the Website;

Order any Goods ordered by you from the Charity;

Order Form the electronic form available on DigiTickets which can be used to Order the Goods;

Personal Data shall have the same meaning as in the DPL;

Process shall have the same meaning as in the DPL and Processed and Processing shall be construed accordingly.

2.2             All references to a statutory provision shall be construed as including references to:

2.2.1                    any statutory modification, consolidation or re-enactment;

2.2.2                    all statutory instruments or orders made pursuant to it; and

2.2.3                    any statutory provision of which it is a modification, consolidation or re-enactment.

2.3             Except where the context otherwise requires:

2.3.1                    words denoting the singular include the plural and vice versa;

2.3.2                    words denoting any gender include all genders;

2.3.3                    words denoting persons include firms and corporations and vice versa.

2.4             Unless otherwise stated, a reference to a clause, sub-clause or Schedule is a reference to a clause or a sub-clause of, or a Schedule to, these Terms and Conditions.

2.5             Clause headings are for ease of reference only and do not affect the construction of these Terms and Conditions.

2.6             The Charity is only permitted to undertaking limited trading activities which relate directly to its charitable purposes. Any non-charitable activities are undertaken by Dartmoor Zoo Enterprises Limited, this includes the operation of the Charity’s shop and specific events. The Goods sold under these Terms and Conditions are sold by the Charity.

3                 Application of these Terms and Conditions

3.1             These Terms and Conditions shall apply to the exclusion of all other terms and conditions (including any terms or conditions which You purport to apply under any purchase order, confirmation of order, specification or other document) in respect of the sale of the Goods via the Website by the Charity.

3.2             The Charity reserves the right to change these Terms from time to time. Any such changes will take effect when posted on the DigiTickets site and it is Your responsibility to read these Terms and Conditions on each occasion You use DigiTickets and Your continued use of DigiTickets shall signify Your acceptance to be bound by the latest Terms and Conditions.

3.3             Your use of the Website is also governed by these Terms and Conditions and legal notices on other areas of the Website such as the Charity Privacy Policy and security policy, which will, together with these Terms and Conditions govern Your use of the Website and DigiTickets.

3.4             By proceeding with Your Order You acknowledge that You have not relied on any statement, promise or representation made or given by or on behalf of the Charity which is not set out in these Terms and Conditions.

4                 Contracting

4.1             The technical steps required for the contract between You and the Charity to be made are as follows:

4.1.1                    You place the Order for Your products on DigiTickets by entering the information in respect of the Goods You wish to order into the Order Form and pressing the confirm order button at the end of the checkout process.

4.1.2                    You will then be shown a copy of Your Order on the screen. If any part of it is incorrect, please amend Your Order.

4.1.3                    You will be guided through the process of placing an order by a series of simple instructions on DigiTickets.

4.1.4                    DigiTickets will send to You an Order acknowledgement email detailing the products You have ordered. This is not an order confirmation or order acceptance from the Charity. You will then be able to make any amendments to the Order that you require.

4.1.5                    Order acceptance and the completion of the contract between You and the Charity will take place on the despatch to You of the Products ordered unless the Charity has notified You that the Charity does not accept Your order, or You have cancelled it in accordance with the instructions on the Change Your Order page of the Website

4.2             The Charity has taken every care in the preparation of the content of the Website, and in particular to ensure that:

4.2.1                    prices quoted are correct at time of publishing; and

4.2.2                    the Goods have been fairly described.

4.3             The Charity may only accept Orders if there are no material errors in the description of the Goods or their prices as advertised on the Website.

4.4             Non-acceptance of an order may be a result of one of the following:

4.4.1                    one or more of the Goods You ordered being unavailable;

4.4.2                    the Charity’s inability to obtain authorisation of Your payment;

4.4.3                    the identification of a pricing or product description error;

4.4.4                    You not meeting the eligibility to order criteria set out in these Terms and Conditions.

4.5             The contract will be concluded in English.

4.6             The details of Your specific contract will not be filed by the Charity. However if You wish to find out any information in respect of the order, please contact the Charity using the information provided above.

5                 Cancellation

5.1             Under the distance selling regulations You have the legal right to cancel Your Order from the time the contract is made until the expiry of the seventh working day following your receipt of the goods.

5.2             Admission tickets may transferred to another date, subject to availability, with more than 48 hours notice by contacting the Charity.

6                 Description

6.1             The quality and description of the Goods shall be as set out in the Website.

6.2             All drawings, pictures, descriptive matter, specifications and advertising issued by the Charity and any descriptions or illustrations contained in the Charity’s catalogues or brochures or on the Website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Conditions.

7                 Special Terms

7.1             Photography

7.1.1                    From time to time, we and third parties to whom we have provided authority may take photographs and/or video recordings of the zoo premises, including the car parks and surrounding areas which may feature visitors. By accepting these terms, you agree that the Charity or any authorised third party may use such images in perpetuity in any promotional or publicity material in any format whatsoever. You further agree that all copyright and any other intellectual property rights that subsist in or arise out of these materials shall be absolutely owned by us or such authorised third party (subject to our agreement) as the case may be.

7.1.2                    Any photographs and/or video or other image recordings which you take whilst on the Charity’s premises (images) are deemed to be for personal domestic use only. Filming and/or photography for public broadcast, commercial purposes, training or student projects are strictly prohibited without the express prior written agreement of the Charity. For the purposes of this clause, public broadcast means transmitting images to a group of more than 10 people at one time, including by radio or television.

7.1.3                    It is possible to undertake a photography session facilitated by the Charity or a third-party supplier. A licence is issued to allow you to use the photographs you take at the sessions on request. A fee may be charged for the licence should you wish to commercialize any images.

7.1.4                    For the avoidance of doubt, nothing in this clause prevents you from uploading personal images to social media websites to share for domestic purposes only.

7.2             Tickets

7.2.1                    By purchasing any one of our tickets advertised on our Website, you agree to the terms set out in this clause.

7.2.2                    For the purposes of ticket purchases, the following definitions are used

a) Adult – Person aged 16 to 59 years inclusive

b) Child – Person aged 3 to 15 years inclusive

c) Concession – Person aged 60 years and older (identification may be requested) OR on production of a valid student card.

d) Infant – A child aged 0 to 2 years inclusive

e) Carer – A Person whom accompanies a disabled individual with the purpose of providing necessary support and assistance with accessibility to the zoo. Suitable documentation should be provided as proof such as Disability Living Allowance (“DLA”) payment evidence or carers card.

f) Disability means a physical or mental impairment that has a substantial and long-term negative effect on a person’s ability to do normal daily activities within the meaning of the Equality Act 2010 and Disabled shall be construed accordingly.

g) Gift Aid Price – A ticket to access the zoo including an optional 10% donation towards our vital conservation work also enabling us to claim Gift Aid from HM Revenue and customs pending eligibility. Customers are welcome to pay the gift aid price and not complete a declaration.

h) Group – Attending the zoo for standard admission with a party of 15 or more. Groups are subject to the latest government guidelines and restrictions.

7.2.3                    The tickets and the prices are as quoted on our Website.

7.2.4                    Gift tickets are valid for entry to the zoo for one date during a 12 month period commencing on the date that you receive confirmation (when the zoo is open for business).

7.2.5                    Normal admission tickets or gift tickets are not valid for entry to any special events.

7.2.6                    Discounts may apply to one or more ticket types and will be as stated on our Website. If you are purchasing a discounted rate ticket then you will be required to provide us with an accepted form of entitlement evidence at the point of entry to the zoo.

7.2.7                    Visitors with disabilities can admit one carer to the zoo free of charge upon producing proof of disability, such as a “Blue Badge” car parking permit issued by the Council or a letter from the Department for Work and Pensions with confirmation and photographic identification.

7.2.8                    The carer referred to above must be a person who accompanies a disabled individual with the purpose of providing necessary support and assistance with accessibility to the zoo. Suitable documentation should be provided as proof such as Disability Living Allowance (“DLA”) payment evidence or carers card.

7.2.9                    Children aged 2 years old and under are permitted entry to the zoo free of charge.

7.2.10                No tickets are permitted for resale to any third party. Any tickets which have been altered in any way will be void.

7.2.11                All visitors must hold a valid admission ticket whilst on site and be able to present it, if requested, by a member of staff.

7.2.12                Admission to the zoo will only be permitted up to 1 hour and 15 minutes before the zoo’s closing time.

7.2.13                No child aged up to 16, will be permitted entry to the zoo without an accompanying adult aged 18 years or older. All children must remain under direct supervision at all times.

7.2.14                No dogs (except for Registered Assistance dogs with relevant identification) or other pets are allowed on site or left in cars at any time.

7.2.15                The Charity reserves the right in absolute discretion to refuse entry and prohibit from any future entries to any person who fails to abide by zoo regulations.

7.2.16                All admission tickets are non-refundable except in extenuating circumstances such as park closure, event cancellation. Refunds will not be permitted whereby a particular animal has not been seen on the visit.

7.2.17                Where you have selected a specific date to visit the zoo when purchasing your ticket and we are subsequently unable to accommodate you on that date for any reason beyond our control, including but not limited to animal welfare, health and safety, staff shortages, or adverse weather, we will use reasonable endeavours to agree an alternative date with you. Please be aware that rescheduling may occur on the same day of your tickets. We cannot be held liable for any travel, accommodation or other related costs or expenses in the event that tickets are rescheduled.

7.2.18                We always endeavour to ensure that as many exhibits and attractions as possible are available for view or use by visitors. We may, however, without any prior notice and, save as expressly provided in these terms, without refund or compensation, change the opening hours of the zoo or attractions, close the zoo or any part of it temporarily, remove some animals from show to the public, restrict the number of visitors having access to the zoo and/or suspend or cancel any attraction or entertainment programme due to, without limitation, capacity, adverse weather conditions or the scheduling of special events, to ensure the safety, security or order of our animals and other attractions, our visitors, employees and representatives, or if we consider in our discretion that the circumstances so require.

7.2.19                All tickets purchased are not for resale.

7.2.20                We reserve the right to reject any promotional voucher or discount code for any reason whatsoever.

7.3             Parking, Education and Food and Drink

7.3.1                    In person ticket sales have their own terms and conditions which are available form the ticket office. This includes tickets for special events.

7.3.2                    There is no charge for parking when you are visiting the Zoo, parking for other purposes is not permitted and either a charge may be levied or your vehicle removed from the car park by our parking enforcement team.

7.3.3                    Users of the car parks do so at their own risk. The charity will not accept liability for any accidents, damage or loss incurred.

7.3.3                    Purchasing group or school educations visits is undertaken under our education terms and conditions.

7.3.4                    Food and Drink may be purchased on site, subject to the terms and conditions specified in the restaurant or other food outlet.

7.4             On site regulations

7.4.1                    We reserve the right in our absolute discretion to refuse entry to the zoo, prohibit from any future entry to the zoo or escort from the zoo premises, any person who whilst on the zoo premises:

(a) Uses threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a way which may provoke a breach of the peace or disrupt any of our animals.

(b) Takes into the zoo or is found to have on their possession offensive weapons or dangerous articles.

(c) Fails to follow the written or verbal health and safety instructions of each area or attraction at the zoo or behaves in a matter which may endanger the safety or that person, other visitors or animals at the zoo.

(d) Feeds or attempts to feed any of the animals, except for where such feeding is part of an organised event or experience for which that person has validly been admitted to the zoo.

(e) Consumes alcoholic beverages in an area of the zoo which is not authorised in accordance with the Licensing Act 2003; takes alcoholic beverages into the zoo on admission; is found with alcoholic beverages on their possession; or appears to be under the influence of alcohol or illegal drugs or other substances; or

(f) Behaves in a manner, which in our opinion is or is likely to affect the enjoyment of other visitors.

7.4.2                    The climbing of or standing upon fences, barriers, walls, structures or buildings on zoo premises is strictly prohibited.

7.4.3                    All smoking (including but not limited to cigarettes, pipes (including water pipes such as shisha and hookah pipes), cigars, herbal cigarettes and e-cigs/e-cigarettes) is strictly prohibited in or near the following locations;

(a) Animal enclosures

(b) Animal demonstration areas

(c) Covered spaces or building

(d) Food or drink outlets

(e) Picnic areas.

7.4.4                    The use of bicycles, scooters, rollerskates, rollerblades, skateboards or any such other item is prohibited on the zoo premises and entry into the zoo with any such items of this nature will be denied, with the exception of:

(a) Child ride-along equipment which is fitted with a secure adult height control handle. Where such equipment is used, the supervising adult is deemed to accept all responsibility to ensure the safe use of the equipment without causing distress, injury or nuisance to other visitors or our staff; and

(b) Bicycles and other wheeled equipment used by our staff in the day-to-day operation of their employment duties.

7.4.5                    Clothing which is, in our opinion, offensive to other visitors is prohibited from being worn on the zoo premises. Shoes and shirts/tops must be worn at all times.

7.4.6                    Only persons or organisations authorised by the Charity are permitted to sell or offer for sale any goods or services to visitors on the zoo premises.

7.4.7                    Picnics are not permitted in our walk-through exhibits.

8                 Price and Payment

8.1             All prices are displayed on the Website in pounds sterling and are inclusive of VAT at the prevailing rate changed in the UK. The Charity’s VAT number is 203256155. The price for the Goods shall be exclusive of delivery and insurance, all of which amounts You shall pay in addition to the cost of the Goods.

8.2             At the current time we are not registered for VAT in the European Union and will not generally supply Goods to the EU unless separate arrangements can be made to account for EU VAT.

8.3             By submitting Your Order You are offering to buy the Goods at the prices set out in the Website.

8.4             The prices stated by the Charity at the time it receives Your Order are the prices You pay except where the Charity discovers an error in the price of the Goods You have ordered. In this event, the Charity will inform You as soon as possible after receiving Your Order and give You the option of reconfirming Your Order at the correct price or canceling Your Order. If the Charity are unable to contact You the Charity will treat the Order as cancelled.

8.5             Payment is made through Stripe. The Charity’s name should, in part or full, may appear on your bank statement.

8.6             All payments must be made at the time of placing the order, by credit card or via PayPal. The Charity accepts Amex, MasterCard, Visa, Eurocard, Visa Delta, Solo and Maestro.

8.7             If the Charity is unable to accept Your order for any reason then the Charity shall, at its option, either not debit Your credit card or refund any money paid by You in respect of that Order.

8.8             Time for payment shall be of the essence. No payment shall be deemed to have been received until the Charity has received cleared funds.

9                 Donations

9.1             When you purchase an admission ticket or gift ticket on our site, you are given the option to contribute a 10% donation towards our conservation work which enables us to reclaim tax paid on your ticket through the Government’s gift aid scheme (Gift Aid).

9.2             Stand-alone donations can also be made through our Website and when you visit the zoo. You will be given the option to add Gift Aid to each donation. Refunds will be issued on request for digital donations made in error, or if you have simply changed your mind. Refunds can take 3-14 working days from authorisation.

9.3             By selecting the option to add Gift Aid when you make a purchase or stand-alone donation on our site, you confirm to us that you:

(a)      Are a UK tax payer and have paid Income Tax and/or Capital Gains Tax for the current tax year (6 April to 5 April inclusive) that is at least equivalent to the amount that you are donating to us;

(b)      Understand that other taxes such as VAT and council tax do not apply;

(c)      Understand that we will reclaim 25p of tax on every £1 donated; and

(d)      Acknowledge that the tickets or other services purchased with Gift Aid are for the benefit of you and members or your family.

9.4             Should you wish to change your mind and cancel the Gift Aid, you must let us know in writing within 30 days of the date of confirmation, you receive in respect of the relevant ticket or other service.

9.5             All donations made through our site, unless otherwise stated, are made to us, a registered Charity with charity number 1158422. Please click here for further information in relation to making donations and supporting the zoo.

10              Delivery

10.1         When you purchase tickets through the Website, your e-ticket will automatically be dispatched to the email address provided at the time of booking. Please ensure that you print the e-ticket and bring it with you when you visit the zoo. Alternatively, we can scan your e-ticket on admission if saved on your smart mobile phone.

11              Complaints

11.1         The Charity aims to deal with all complaints as effectively as possible. Our complaints handling procedure is designed to be fair, confidential, easy to use, speedy and informative. If You wish to make a complaint please contact us by mail, telephone or email at the telephone number, address and email address specified in Clause 1.2 above.

11.2         Please provide full details of the nature of Your complaint, including the products purchased, Your order number, Your name, address, daytime telephone number, email address and any other information which You think will assist us in resolving Your problem as quickly as possible.

12              Limitation of liability

12.1         The Charity’s total liability for any breach of the terms of these Terms and Conditions shall be limited to the total amount paid to the Charity under the terms of these Terms and Conditions.

12.2         The information contained in the material on this Website is only for information purposes. the Charity has not provided any legal, financial, or other advice within the Website. The material in this Website does not constitute advice and You should not rely on any material in this Website to make (or refrain from making) any decision or take (or refrain from taking) any action.

12.3         The Charity does not make any promises or warranties about the Goods. The Goods are sold in accordance with the manufacturer's specification, subject to any qualification or representation contained in the Website.

12.4         In the absence of any negligence other than breach of duty by the Charity, Your use of any Goods other than in accordance with their operating manuals and/or instructions is entirely at your own risk.

12.5         The Charity will take all reasonable precautions to keep the details of Your Order and payment secure, but, unless the Charity is negligent, the Charity cannot be held liable for any losses caused as a result of unauthorised access to information provided by You.

12.6         The Website provides web-links (and other contact details) to other websites that offer products, services and materials the Charity think will be of interest to You.  The Charity has no control over such websites and resources and accepts no liability for any products, services, materials, or information contained on or available through linked websites or otherwise provided by any other company/organisation referred to on the Website.  The Charity provides these links for Your convenience only but does not necessarily endorse the material on these websites.

12.7         No linked websites are covered by this Agreement; therefore, You should check what terms cover the use of these websites before using them. Your visiting of any external websites via links from this Site is entirely at Your own risk. Where it is possible for You to transact through any linked website with a third party, such transactions shall be (and any rights and obligations shall arise) solely between You and the third party. Therefore, You should ensure that You carefully read the terms and conditions for the accessing and use of such websites and resources and, if You suffer losses as a result of accessing and/or using such third party websites and resources, You must claim against the third party and not the Charity.

12.8         Unless otherwise specified, the materials on the Website are directed solely at those who access the Website from the United Kingdom. The Charity makes no representation that any products or services referred to in the materials on the Website are appropriate for use, or available, in other locations. Those who choose to access the Website from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.

12.9         If either You or the Charity are in breach of the arrangements under these Terms and Conditions, neither of us will be responsible for any losses that the other suffers as a result, except those losses which are a foreseeable consequence of the breach. Losses are foreseeable where they could be contemplated by both You and us at the time You place an Order.

12.10      The Charity shall not have any liability to You in respect of any resale made by You of any of the Goods, or of any product incorporating any of the Goods.

12.11      Nothing in these conditions excludes or limits the liability of the Charity: 

12.11.1             for death or personal injury caused by the Charity’s negligence;

12.11.2             under section 2(3), Consumer Rights Act 2015;

12.11.3             for any matter which it would be illegal for the Charity to exclude or attempt to exclude its liability; or

12.11.4             for fraud or fraudulent misrepresentation.

13              Intellectual Property

13.1         You may only link to the Website with our prior written permission.  The Charity reserves the right to remove any links to its Website that it deems are inappropriate without notice.

13.2         These terms and conditions do not grant any rights to You to  use the names “Dartmoor Zoo”, “Dartmoor Zoological Society”, “Dartmoor Zoo Enterprises” or “We Bought a Zoo”.

13.3         All copyright and other intellectual property rights in the materials on the Website are owned by the Charity unless otherwise indicated. Subject to Clause 13.5 below You may download, print or copy any material from the Website that You wish, provided it is for Your own personal, non-commercial use and You keep in place all original copyright notices or other intellectual property notices.

13.4         Subject to Clause 13.2 above, You may not copy, modify, alter, distribute, publish, sell or otherwise use any material on the Website in whole or in part, unless You have obtained the prior written consent of the Charity.

13.5         You may not download any photographs from the Website without the prior written permission of the Charity which may be withheld in its absolute discretion.

13.6         Any permission to download materials from the Website does not grant You permission to download any materials from any website which is linked to the Website in any way.

14              Assignment

14.1         The Charity may assign the Conditions or any part of it to any person, firm or company.

14.2         You shall not be entitled to assign the Conditions or any part of it without the prior written consent of the Charity.

15              Force majeure

15.1         The Charity reserves the right to defer the date of delivery or to cancel the Conditions or reduce the volume of the Goods ordered by You (without liability to You) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Charity including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of one hundred (100) days, You shall be entitled to give notice in writing to the Charity to terminate the Conditions.

16              Data Protection

16.1         The Charity is a Data Controllers in respect of the Personal Data which they collect. You are the Data Subject. The Charity Processes the Personal Data submitted by You for the purposes set out in its Data Subject Information Statement for purchasers of goods, this also includes information on any Data Processors. Your Personal Data are Processed by the Charity in respect of this agreement and to fulfil your order and this is permitted to allow the Charity to fulfil this contract.

17              Privacy and Electronic Communications (EC Directive) Regulations 2003

17.1         By giving the Charity Your email address the Charity will be able to respond to the questions that You raise. If You would like to receive any other information from the Charity or the Charity by electronic communication, please tick the relevant box in the Order Form.

18              Legal jurisdiction and dispute resolution

18.1         English law shall apply to these Terms and Conditions. 

18.2         The parties irrevocably agree that the courts in England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. 

19              Disclaimers

19.1         The Charity may not necessarily keep a copy of these Terms and Conditions and Your order. the Charity advise You to print a copy of them for Your information in the future.

20              Waiver

20.1         No waiver by the Charity of any breach of the terms of these Terms and Conditions by You shall be considered as a waiver of any subsequent breach of the same or any other provision.

21              Third Parties

21.1         The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions.  No person who is not a party to these Terms and Conditions (including any employee, officer, agent, representative or subcontractor of either party other than those named as a party) shall have the right (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any term of these Terms and Conditions which expressly or by implication confers a benefit on that person without all our express prior agreement in writing which agreement must refer to this clause.