TERMS & CONDITIONS

 

TERMS OF WEBSITE USE

 

Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

 

 

RELIANCE ON INFORMATION POSTED DISCLAIMER

 

the materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages whether direct or indirect arising from use of this site.

 

 

INFORMATION ABOUT US

 

www.chinawhite-henley.com is a site operated by Whitefield Ltd. ("We"); we are a company registered in England and Wales under registration number 06428748. Our registered office is 3rd Floor, Linton House, 24 Wells Street, London, England, WIT 3PH

 

 

ACCESSING OUR SITE

 

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

 

 

INTELLECTUAL PROPERTY RIGHTS

 

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, 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.

 

 

OUR SITE CHANGES REGULARLY

 

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

 

 

OUR LIABILITY

 

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

• loss of income or revenue;

• loss of business;

• loss of profits or contracts;

• loss of anticipated savings;

• loss of data;

• loss of goodwill;

• wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

 

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

 

 

 

INFOMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

 

We process information about you in accordance with our privacy policy (Link at bottom right corner of page).  By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

 

 

VIRUSES, HACKING & OTHER OFFENCES

 

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

 

 

 

LINKS FROM OUR SITE

 

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information. 

 

 

 

JURISDICTION & APPLICABLE LAW

 

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site. 

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

 

 

VARIATIONS

 

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

 

 

YOUR CONCERNS

 

If you have any concerns about material which appears on our site, please contact info@chinawhite.com

 

 

Thank you for visiting our site.

TICKET SALES & EVENT TERMS AND CONDITIONS

 

DEFINITIONS

In these terms and conditions the following definitions apply unless the context requires otherwise: “Application Form” means a Chinawhite standard application form for Tickets, whether an application form for a Full Day Ticket or an Evening Party Ticket, (or such other document/s as may be acceptable to Chinawhite or to any of Chinawhite’s Authorised Ticket Sellers from time to time); “Authorised Ticket Sellers” means Chinawhite’s agents or Committee Members or any third party authorised by Chinawhite to sell or to accept requests for Tickets; “Caterer” means the persons or organisations appointed by or approved by Chinawhite to provide catering, food and beverage services in the Chinawhite Area; “Car Park” means The Copas Partnership’s parking area or any other area, on, adjacent to or within walking distance from the Premises, designated as a parking area for the duration of Henley Royal Regatta; “Car Park Ticket” means a ticket which entitles the holder to park a car or motor cycle in the Car Park; “Henley Royal Regatta” means Henley Royal Regatta from 18.00 to 24.00 on Friday July 1st and 12.00 to 24.00 on Saturday July 2nd, 2023 inclusive (or part thereof) including, without limitation, all the events taking place in the Chinawhite Area; “Client” means a person who applies for one or more tickets in terms of clause 3.1 and to whom one or more Tickets have been issued; “Client Party” means the Client and/or any guest, employee, officer, representative, agent or contractor of the Client who has a Ticket as well as (without prejudice to clause 9) any person to whom the Client transfers one or more Tickets; “Committee Member” means an individual on the advisory committee established by Chinawhite for the events during Henley Royal Regatta; “Evening Party Ticket” means a ticket which grants the holder those rights listed in clause 4.2; “Event Pack” means the set of documents accompanying these terms and conditions whether by post, email or otherwise; “After Party” means the party held in the Chinawhite Area (or part thereof) from 18.30 on to 2400 on Friday July 1st, 2023; “Full Day Ticket” means a ticket which grants the holder those rights listed in clause 4.1; “The Copas Partnership” means The Copas Partnership (Kings Coppice Farm, Grubwood Lane, Cookham, Maidenhead, Berkshire, SL6 9UB) and trading as ‘The Copas Partnership’; “Guest” means a Client, Client Party or Ticket Holder; “Premises” means the premises of The Copas Partnership and includes the Chinawhite Area and the Car Park; “Chinawhite” means Whitefield Ltd (a company registered in England and Wales with number 06428748) whose registered office is at 24 Wells Street, London W1T 3PH; “Chinawhite Area” means that area on the Premises under the control of Chinawhite during Henley Royal Regatta; “Terms and Conditions” means these standard terms and conditions of business; “Ticket” means a ticket, voucher or other form of pass issued by Chinawhite (whether it is a Full Day Ticket or an After Party Ticket) permitting access to the Premises (or part thereof) during Henley Royal Regatta; “Ticket Fee” means the price (inclusive of VAT) of a Ticket as indicated on the relevant Application Form; “Total Fee” means the aggregate



1.1.   Interpretation

1.2.   In these Terms and Conditions unless the context otherwise requires:

1.2.1.      the singular includes the plural and vice versa and reference to any gender includes the other genders;

1.2.2.      Reference to persons includes bodies corporate, unincorporated associations and partnerships;

1.2.3.      references to “clauses”  are to clauses or sub-clauses of these Terms and Conditions;

1.2.4.      any reference to any statute or statutory instrument or any section or part thereof includes any enactment replacing or amending it or any instrument, order or regulation made under it and also includes any past statutory provisions (as from time to time modified or re-enacted) which such provision has directly or indirectly replaced;

1.2.5.      headings are for reference purposes only and shall not affect the construction of anything in this agreement.

1.2.6.      reference to conduct includes, without limitation, an omission, statement or undertaking, whether or not in writing;

1.2.7.      where there are two or more persons named as a Client, a reference to a right or obligation of the Client confers that right, or imposes that obligation, as the case may be, jointly and severally.

2.      Acceptance of Terms and Conditions

2.1.   A person shall be deemed to have unconditionally agreed to these Terms and Conditions by:

2.1.1.      purchasing one or more Tickets in terms of clause 3.1; or

2.1.2.      at any time, holding one or more Tickets.

2.2.   The Client shall:

2.2.1.      inform every person to whom the Client wishes to transfer a Ticket of the applicability of these Terms and Conditions and, in particular, of clause 2.1.2;

2.2.2.      provide every such person with a copy of these Terms and Conditions; and

2.2.3.      (without prejudice to clause 9) not transfer any Ticket to any person who does not agree to be bound by these Terms and Conditions in their entirety.

3.      Application for Tickets

3.1.   A person who wishes to be eligible to apply for one or more Tickets shall purchase one or more Tickets via the website www.chinawhite-henley.com or via an authorised Ticket Seller.

3.2.   An application for Tickets shall not be considered by Chinawhite unless full payment is made at the time of application.

3.3.   Notwithstanding anything elsewhere contained in these Terms and Conditions, Chinawhite reserves the right exercisable in its absolute discretion without giving reasons therefore to determine whether or not to accept any application made in terms of clause 3.1.

3.4.   Where only part payment of the Total Fee is received by Chinawhite, Chinawhite may, in its absolute discretion, provide to the Client that number of Tickets which equates to the pro rata portion of the Total Fee received.

3.5.   In the event that Chinawhite or an Authorised Ticket Seller advises a Client that it is unable (or there is not sufficient space or availability) to provide the Client with the number and/or type of Tickets for which payment of the Total Fee has been made, Chinawhite or, if a Client has dealt with an Authorised Ticket Seller, such Authorised Ticket Seller as the Client has dealt with shall, within 30 days of advising the Client, refund to the Client an amount equal to the price paid by the Client for such of the Tickets as Chinawhite shall not be providing and Chinawhite and such Authorised Ticket Seller as the Client has dealt with shall have no further liability or obligation in respect of the provision of such Tickets.

3.6.   All ticket sales are final and tickets are non-refundable.

3.7 Accuracy of Information:
All information provided by Chinawhite, including but not limited to the details of vendors, is accurate at the time of publishing to the best of our knowledge. We strive to provide up-to-date and accurate information, but circumstances beyond our control may lead to changes. While we make reasonable efforts to update any inaccurate information, Chinawhite accepts no liability for any inaccuracies or changes in the information provided. Consumers should independently verify the accuracy of the information before relying on it.

3.8 Refund Policy for Vendor Absence:
In the event that a vendor scheduled to participate in the event is unable to attend, Chinawhite will make reasonable efforts to provide a suitable replacement. However, the absence of a vendor shall not automatically entitle customers to a refund, as vendors are not directly related to the services provided by Chinawhite. Refunds may be considered on a case-by-case basis at Chinawhite's discretion, taking into account the impact of the missing vendor on the overall event experience. Any refund provided will be in accordance with applicable consumer protection laws and regulations.

3.9 Proportional Refunds:
If Chinawhite is unable to provide an element included in the ticket price, such as a welcome drink, customers may be eligible for a proportional refund based on the value of the missing item. The determination of the proportionate value will be made by Chinawhite in compliance with applicable consumer protection laws and regulations. Chinawhite will make reasonable efforts to communicate the refund amount clearly to customers in a timely manner.

4.      Ticket Holder Rights

4.1.   A Full Day Ticket shall entitle the holder to the following:

4.1.1.      Entrance to the Chinawhite Area at 12.00;

4.1.2.      Entrance to the After Party;

4.2.   An After Party Ticket shall entitle the holder to entry to the After Party and one Car Park Ticket for every two people.

4.3.   Entry to the Premises or any part thereof may, and entry to the Chinawhite Area or any part thereof shall, be denied during Henley Royal Regatta to persons not holding a Ticket.

5.      Age

5.1.   Entry to the Chinawhite Area shall be prohibited to persons under 18 years of age.

5.2.   Chinawhite reserves the right to refuse entry to the Chinawhite Area to any person who it considers may be under 18 years of age and who is unable to prove otherwise to the satisfaction of Chinawhite.

6.      Security Precautions

6.1.   For reasons of security and safety, Chinawhite reserves the right in its absolute discretion:

6.1.1.      to refuse suitcases, bags and/or other objects being brought in to the Chinawhite Area whether before, during or after Henley Royal Regatta;

6.1.2.      to inspect any bag or other item which any person wishes to bring in to or remove from the Chinawhite Area, whether before, during or after Henley Regatta; and

6.1.3.      to use security devices including, without limitation, metal detectors and x-ray machines at entrances to the Chinawhite Area. Persons with a pacemaker or other delicate electronic equipment should contact security officials before approaching an entrance to the Chinawhite Area.

7.      Dress/Etiquette/No Pets

7.1.   The dress code for Chinawhite during Henley Royal Regatta is smart casual, no trainers or sportswear.

7.2.   Notwithstanding anything to the contrary in the Terms and Conditions Chinawhite reserves the right to refuse or restrict entry to the Chinawhite Area at its sole discretion, and may request the departure from the Chinawhite Area of any person not complying with these Terms and Conditions.

7.3.   Chinawhite reserve the right of admission and to refuse entry to any ticket holder due to inappropriate dress, behaviour or intoxication

7.4.   The Client is responsible for the good behaviour of each Client Party.

7.5.   No pets are allowed within the Chinawhite Area.

8.      Lost Tickets
Lost Tickets shall not be refunded or replaced.

9.      No on-selling
No Guest shall and the Client shall procure that no Client Party shall offer to sell, on-sell, exchange (for fee, reward or other valuable consideration),  assign, sublet, encumber, licence, sub-licence,  transfer, dispose of or otherwise deal with any of the rights, benefits or obligations contained in these Terms and Conditions (including, without limitation, the sale of any Ticket(s)) without the prior written consent of Chinawhite which consent shall be exercisable in its absolute discretion and may include such conditions as Chinawhite thinks fit.

10.  Wristbands not Transferable
No  Guest  shall  and  the  Client  shall  procure  that  no  Client  Party  shall  offer  to  transfer  any Wristband  to  any  other  person  (whether  for valuable consideration or otherwise).

11.  Nature and Location of the Chinawhite Area
The nature and location of the Chinawhite Area are matters agreed between Chinawhite and The Copas Partnership but Chinawhite reserves the right to determine in its absolute discretion any dedicated areas within the Chinawhite in all respects.

12.  Advertising and Promotions

12.1. Except with Chinawhite’s prior written consent a Guest shall not undertake advertising or promotional activity in the Chinawhite Area, including, without limitation the displaying of any corporate signage or corporate identification or the distribution of any promotional or marketing material within or outside the Chinawhite Area.

12.2.  Tickets may not without the prior written consent of Chinawhite be used for advertising or other promotional purposes (including without limitation, prizes, contests or sweepstakes).

12.3.  No Guest shall and the Client shall procure that no Client Party shall, without the prior written consent of Chinawhite, and, if appropriate the owner of the relevant intellectual property right, use in any advertising, promotional or other literature or material (in any media) the name of Chinawhite or Henley Royal Regatta so as to imply or give the impression that that Guest or that Guest’s activities are connected to or endorsed by Chinawhite or that any Guest is a sponsor of or supplier to Chinawhite or in some other way connected to Henley Royal Regatta.

13.  Names and Logos
No Guest is entitled to and the Client shall procure that no Client Party shall use any of the trade marks (whether registered or unregistered) or logo(s) used on the Tickets, on any of the literature in the Event Pack, on www.chinawhite.com,  www.chinawhite.co.uk,www.chinawhite-henley.com or any other intellectual property right owned by Chinawhite or by any third party except with the prior written consent of Chinawhite or the relevant owner or licensee of such trade mark or other intellectual property right.

14.  Catering

14.1.                    Chinawhite is the only person entitled to procure or authorise the provision of all catering, food and beverage services in the Chinawhite Area and may appoint the Caterer and such other persons as it in its absolute discretion thinks fit to provide such catering, food and beverage services (or part thereof). No Guest shall and the Client shall procure that no Client Party shall bring food or beverages of any description in to the Chinawhite Area.

14.2.                    Without  prejudice  to  clause  14.1  Guests  may  bring  food  into  the  Premises  but  barbeques  or  any  other  form  of  outdoor  cooking  is strictly prohibited.

15.  Display of Tickets
Each Guest shall and the Client shall procure that each Client Party shall comply with all security arrangements including wearing a Wristband when in the Chinawhite Area. Chinawhite and/or its representatives reserve the right to refuse entry to the Chinawhite Area to any Guest or other person who does not comply with the security arrangements or who does not hold a Ticket and/or is not wearing a Wristband, and Chinawhite and the Caterer each reserve the right to refuse service to a person who is not wearing a Wristband within the Chinawhite Area.

16.  Compliance with directions

16.1.  Each Guest shall comply with and the Client shall procure that each Client Party complies with:

16.1.1.  Any security arrangements, directions or notices displayed or given by officers,  employees or agents of The Copas Partnership and/ or Chinawhite including, without  limitation,  notices, directions or other requirements relating to access and security  at the Henley Regatta or the conduct of a Guest during Henley Royal Regatta;

16.1.2.  Any conditions of entry displayed at the entrances to The Copas Partnership and/or the Premises and/or the Chinawhite Area; and

16.1.3.  All applicable laws and regulations.

16.2.   Any person behaving in contravention of the law, including without limitation, any person found to be in possession or making use of any prohibited drugs or substances shall be immediately asked to leave the Chinawhite Area and Chinawhite reserves the right to promptly report any such occurrence to the relevant authorities.

17.  Client Liability save for death or personal injury  caused by the negligence of Chinawhite, the Guest shall be responsible for and shall indemnify Chinawhite against any loss (including any indirect loss, consequential loss or loss of profit), damage, injury, costs or expenses arising out of his acts or omissions at Chinawhite during Henley Royal Regatta  or arising out of any failure to comply with these Terms and Conditions provided that, where the Guest is a Client Party, the Client shall be responsible for and shall indemnify  Chinawhite against any loss (including any indirect loss, consequential loss or loss of profit), damage, injury, costs or expenses arising out of any act or omission of any Client Party or arising out of any failure to comply with these Terms and Conditions.

18.  Client acknowledgments

18.1. The Guest acknowledges and accepts and the Client shall procure that each Client Party acknowledges and accepts that:

18.1.1.  Certain  activities  associated  with  Henley Royal Regatta  are  dangerous  and  that  some  personal  risk  may  be  involved  in attending Chinawhite during Henley Royal Regatta and therefore attendance is entirely at the Guest’s own risk;

18.1.2.  Save for death or personal injury caused by the negligence of Chinawhite, to the fullest extent permitted  by law the Guest hereby excludes, releases and forever discharges Chinawhite from all liability for claims, loss (including any indirect loss, consequential loss or loss of profit), damage, injury, costs or expenses (whether arising under statute, from negligence, personal injury, death, loss or damage to property, infringement  of third party rights or otherwise) arising from or connected with Henley Royal Regatta including without limitation any occurrence of fire or theft;

18.1.3.  the copyright and any other intellectual property rights in any film, or other form of moving picture originated at Chinawhite during Henley Royal Regatta shall not be used by the Guest for any form of public advertisement or display or for any other purposes (except for the non commercial use/private enjoyment of the person making the film) without obtaining the prior written  consent of the owner of those intellectual property rights;

18.1.4.  Chinawhite reserves the right at its absolute discretion not to allow professional still or moving picture camera equipment to be taken into or used respectively at or within the Chinawhite Area and the remainder of the Premises, and, that still pictures, photographs, moving picture images and/or still pictures which are derived from moving picture images originated or recorded within the Premises shall only be used for the private enjoyment of the person filming or recording such still pictures, photographs or moving picture images and not for any commercial purpose; by attending Chinawhite during Henley Royal Regatta the Guest will be deemed to have consented to the use by Chinawhite (and by any third party approved by Chinawhite) for the purposes of or in connection with any publication, exhibition or broadcast (including any advertising or promotional literature, campaign or material) in any media worldwide and approved by Chinawhite, of any still or moving image taken at Henley Royal Regatta, where such image includes any image of the Guest; and waived his personality rights and/or privacy rights to the extent necessary to permit such use.

18.2. The Guest unconditionally and irrevocably constitutes and appoints Chinawhite as the Guest’s attorney to do, perform and execute all things and documents as may be necessary or desirable to transfer or assign any rights in or to such still or moving images, referred to in Clause 18.1.4 above, to give effect to the same and (if requested by Chinawhite to do so) shall provide Chinawhite with a written power of attorney in a form acceptable to Chinawhite.

19.  Liability for loss or damage to property

19.1.                    The Guest acknowledges and accepts and the Client shall procure that each Client Party acknowledges and accepts that:

19.1.1.  any property brought into the Premises by any Guest (or at the Guest’s direction) shall be at the Guest’s own risk; and

19.1.2.  Chinawhite shall not be responsible for any loss of or damage to, howsoever caused (including without limitation any loss or damage caused by fire or theft), any property of the Guest or any property within the possession of the Guest which is lost or damaged within the Premises.

20.  Force Majeure Event

20.1.                    Chinawhite shall not be in breach of this agreement, nor liable for any failure or delay in performance of any of its obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond its reasonable control (Force Majeure Event), including but not limited to any of the following:  (a) Acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster; (b) war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions; (c) any communicable disease or threat or fear of communicable disease (whether actual or perceived) which leads to (i) the imposition of quarantine or restriction in movement or gathering of people or animals by any national or international body or agency or (ii) any travel advisory or warning being issued by a national or international body or agency;  (d) terrorist attack, civil war, civil commotion or riots; (e) nuclear, chemical or biological contamination or sonic boom; (f) voluntary or mandatory compliance with any law (including a failure to obtain any license or consent needed or any change in the law or interpretation  of the law); (g) fire, explosion or accidental damage; (h) adverse weather conditions; (i) collapse of building structures, failure of plant machinery, machinery, computers or vehicles; (j) any labour dispute, including but not limited to strikes, industrial action or lockouts; (k) non-performance by suppliers or subcontractors (other than by companies in the same group as the party seeking to rely on this clause); (l) interruption or failure of utility service, including but not limited to electric power, gas or water; (m) a decision taken by The Copas Partnership; (n) the death of a member of the British royal family; and (o) the failure to make an appearance at or to participate in Henley Royal Regatta of any rowing team or individual competitor, star guest, artist, DJ or performer.

20.1.1.  Where Chinawhite is unable to perform its obligations under these Terms and Conditions it shall use its reasonable endeavours to notify the Guest of the nature and extent of the Force Majeure Event causing its failure or delay in performance.

21.  Breach

21.1.                    If any Guest commits any breach of these Terms and Conditions, then on the giving of notice by Chinawhite to the Guest at any time after the occurrence of such breach:

21.1.1.  the Guest shall be deemed to have forfeited its rights but not its obligations under these Terms and Conditions;

21.1.2.  Chinawhite will be free to re-sell any Ticket(s) held by the Guest who is in default;

21.1.3.  Chinawhite shall be entitled to demand that the Guest unconditionally and irrevocably constitutes and appoints Chinawhite as its attorney to do, perform and execute all things and documents as may be necessary or desirable to transfer or assign the rights, benefits and entitlements  of the Guest who is in default; and

21.1.4.  the forfeit by the Guest of any monies pursuant to this clause shall not preclude any other rights which Chinawhite may have under these Terms and Conditions.

22.  Entire agreement
These Terms and Conditions constitute the entire agreement between Chinawhite and the Guest in respect of any Tickets purchased or otherwise acquired (whether or not for valuable consideration) by the Guest and in respect of the Guest’s attendance at the Event.

23.  Amendment/Consents

No amendment or variation of these Terms and Conditions is valid or binding unless made or confirmed by Chinawhite in writing.

24.  No Waiver
No failure by Chinawhite to exercise nor any delay in exercising any right, power or remedy by Chinawhite operates as a waiver of such right. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.

25.  Severability
Each of the provisions of these Terms and Conditions is severable from the other(s). If any such provision or part thereof is or becomes invalid, unenforceable or illegal in any respect, such provision or part thereof shall, to the extent that such term is invalid, be deemed not to form part of these Terms and Conditions but the validity, unenforceability or legality of the remaining provisions hereunder shall not in any way be affected or impaired thereby. Nothing in these Terms and Conditions shall in anyway limit or avoid Chinawhite’s liability for death or personal injury caused by its negligence.

26.  Assignment
Chinawhite may assign its rights under these Terms and Conditions to any third party and may perform its obligations under these Terms and Conditions through any third party without the Guest’s consent. The Guest’s rights under these Terms and Conditions are personal to the Guest and may not be assigned or sub-licensed or otherwise transferred by the Guest.

27.  Third Party Rights
These Terms and Conditions do not create any right enforceable by any person other than a Client or Chinawhite except for a transferee, successor or assignee in terms of clause 26.

28.  Governing Law
This contract is governed by the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts for the purpose of enforcing any claim arising hereunder

Any notice or communication given under these Terms and Conditions shall be in writing and shall be deemed to have been duly given if delivered by hand or sent by first-class post or by email to the relevant address or email address set out in these Terms and Conditions or such other address or email address as a party may designate by notice given in accordance with this clause. Any such notice shall be deemed to have been received: (a) if delivered by hand, at the time of delivery; (b) if sent by first-class post, on the second working day after posting; and (c) if sent by email, at the time of transmission (provided that a confirmatory copy is sent by first-class post within 24 hours of transmission).

Interpretation
In these Terms and Conditions, unless the context otherwise requires: (a) a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time; (b) a reference to a clause is a reference to a clause of these Terms and Conditions; (c) any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; (d) a reference to “writing” or “written” includes email; and (e) the headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.

Counterparts
These Terms and Conditions may be executed in any number of counterparts, each of which when executed and delivered shall be an original, and all the counterparts together shall constitute one and the same instrument.

Survival
Clauses 5, 6, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 31 shall survive any termination or expiration of these Terms and Conditions.

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updated 06/05/2023

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