Membership Terms & Conditions

Defined terms, and other matters applicable to the Membership Regulations, are set out at the bottom on this page.

Introduction

The terms and conditions below apply to all Membership Enquiries, Members and Memberships. If you don't agree and accept these terms and conditions you must not buy, or make use of, any Membership.

We reserve the right to change these terms and conditions from time to time. The terms and conditions which apply in relation to any Membership Enquiry, Member and related Membership will be those terms and conditions which are shown on the Website as at the date upon which the Membership (or, in the case of a Membership renewal, the renewal) becomes effective.

In addition to these terms and conditions, please be aware that all visitors to the Site must also comply with the visitor regulations which can be found at theboxplymouth.com/terms-and-conditions.

How to become a Member

If you wish to become a Member you must either
(i) purchase your Membership via the Website;
(ii) apply by telephone by calling the telephone number shown on the Website; or
(iii) apply in person at the Welcome Desk at the Site or at Smeaton’s Tower.
Purchases of Memberships through the Website are completed when you provide all relevant information in the application and pay the applicable Membership Fee as specified on the Website. When we receive a Membership Enquiry by telephone or in person at the Site or Smeaton’s Tower, we will confirm the price to be paid for the relevant Membership (and the method of payment) and assist you with completing the relevant application. In order for you to become a Member, you need to pay the applicable Membership Fee as confirmed by us. A binding agreement will be entered into between us and you in relation to the relevant Membership on the date on which, after you have provided all necessary information in relation to the Membership application, we receive payment in full of the relevant Membership Fee. For the avoidance of doubt, payment of the Membership Fee constitutes your agreement to these terms and conditions. In the event that your payment card or bank requires repayment from us of any Membership Fee paid by you, your Membership shall immediately terminate without any further obligation on our side. If a Membership Card has already been issued to you, we will require the return of your Membership Card as soon as reasonably practicable. We reserve the right to refuse any application for Membership. Membership Cards may only be used by the person(s) named on them. You may not transfer your Membership to another person or allow another person to use your Membership Card.

Types of Membership and Benefits

We offer the following types of Membership:

• Individual Membership: This provides one adult (aged 18 or over) and up to three children (under 18 years old) from the same household with the benefits of being a Member (as set out in this section below). For the purposes of these terms and conditions, only the Individual Member (being the person who purchases the Membership) is deemed to be a Member but the other persons mentioned above are entitled to the benefits which they would have received if they had been a Member. We will issue a Membership Card in relation to an Individual Membership only to the Individual Member.
• Household Membership: This provides membership benefits to up to two adults (being the person who purchases the membership and one other each being 18 or older) and up to three children (under 18 years old) from the same household. For the purposes of these terms and conditions, only the Household Member (being one of the ‘two adults’ mentioned above who has purchased the Membership) is deemed to be a Member but the other persons mentioned above are entitled to the benefits which they would have received if they had been a Member. We will issue a Membership Card in relation to a Household Membership only to the Household Member. We may, in our discretion, if requested by a Household Member, also issue one additional Membership Card to the other adult entitled to the benefit of that Household Member’s Membership.

Membership provides the following benefits for the Member (and to each other person in the Member’s group mentioned above):

• Unlimited free entry to chargeable exhibitions at the Site.
• Unlimited free entry to Smeaton’s Tower.
• ‘Early bird’ booking access to certain events.
• First look at our ‘What’s On’ guide – so Members will know what’s coming up before anyone else.
• Invitations to exclusive preview and Members only events.

Commencement and Termination of Membership

A Member’s Membership will commence with effect from (and including) the related Agreement Date and end on (but excluding) the anniversary of such Agreement Date unless renewed for another year on the basis set out below. The date of expiry will be shown on your card. If you lose your Membership Card we will replace it but reserve the right to charge a small administrative fee. We will use reasonable endeavours to notify you in advance of the anniversary of your Membership and ask if you wish to renew for another year. Any such notice will confirm the Membership Fee payable for the next year if you do wish to renew. If you wish to renew, you must pay to us the renewal Membership Fee which we have notified to you before the anniversary of the Agreement Date. If your Membership lapses, any future application for Membership will be treated as a completely new application and the related Membership will be treated as a new Membership.

Payment for Membership

Subject as otherwise agreed by us, payment of each Membership Fee must be made either:

• by direct bank transfer to the bank account which we provide to you; or
• over the telephone or in person by credit/debit card. Renewals of Memberships may, at our option, be made by direct debit subject to the necessary direct debit agreement being put in place. All payments must be made in Pounds Sterling (£).

Conduct and Responsibilities

The Member is responsible for the supervision and conduct of all people that visit the Site as part of that person’s Membership group. The Member will be liable for any costs, losses or liability caused to us by virtue of the actions of any person within their Membership group. In the event that any person visiting the Site as part a Member’s group behaves in a manner contrary to the visitor regulations for the Site (visit theboxplymouth.com/terms-and-conditions to see a copy of those regulations), we reserve the right to require that the entire Member’s group leaves the Site. In such any event, the Member will not be entitled to any refund of all or any part of the Membership Fee paid in respect of the relevant Membership.

Cancellation by a Member

A Member may cancel a Membership at any time (by e-mail to: [email protected] ; or in writing to: Membership Enquiries, The Box, Tavistock Place, Plymouth, Devon PL4 8AX). If you cancel within 14 days of taking your Membership, we will refund all of the Membership Fee. If you cancel after that 14 day period, we will not provide any refund of the Membership Fee paid in relation to the year in which the Membership is cancelled.

Cancellation by us

We reserve the right to cancel any Membership if the Member acts materially or consistently in breach of these terms and conditions. If we cancel in such circumstances, the Member will not be entitled to any refund of the Membership Fee paid. We also reserve the right to cancel any Membership if unforeseen circumstances arise which are beyond our control. If we cancel in such circumstances we will refund 100% of your Membership Fee paid.

Visiting the Site

When you visit the Site or Smeaton’s Tower, please bring with you your Membership card (if you have received it) and suitable identification. We reserve the right to ask for identification to prove that you are a Member.

Queries

If you have any queries or comments please contact us using the contact information set out on the Website. Click theboxplymouth.com/contact-us for details. We will respond to you as soon as we can after you contact us.

Warranty by Member

You warrant to us that you are aged 18 or over and have the legal ability and authority to enter into the agreement constituted by these terms and conditions and perform all obligations stated to be your obligations.

Liability

Other than as provided below and to the extent permitted by law we will not be liable or responsible for any loss or damage (whether direct or indirect) that may result to any Member or any person who visits the Site as part of the related Membership group, in relation (directly or directly) to the related Membership and/or any visit to the Site.

We reserve the right to close the Site as a whole or certain galleries or exhibitions without notice for health and safety, maintenance or any other purposes or for any other reason which is beyond our control. Other than as set out below, we shall not be liable in relation to any cost, loss or liability incurred by any person in connection with any such closure. Nothing in these terms and conditions excludes or limits our liability:
(i) for death or personal injury arising from our negligence;
(ii) for fraud; or
(iii) in any other circumstances for which our liability cannot be excluded or limited by English law.

Data Protection

We may collect personal information in connection with your Membership application and Membership. Any such information will be processed for the purpose of Membership at The Box and will only be used for that purpose. Information collected will not be shared with third parties. We will never share or use your information for marketing purposes unrelated to your Membership at The Box. The information being collected is being stored and processed in line with the principles of the Data Protection Act 2018. You have certain rights under the Data Protection Act and the EU General Data Protection Regulations (GDPR), which include the right to access, rectification and erasure. To enforce these rights or enquire about any other aspects of data protection, please contact: Data Protection Officer, Plymouth City Council, Ballard House, West Hoe Road, Plymouth PL1 3BJ. Email: [email protected] Arca (Plymouth) Ltd, trading as The Box, is a subsidiary trading company of Plymouth City Council. Plymouth City Council is registered as a data controller with the Information Commissioner’s Office (registration number Z7262171). Plymouth City Council’s full privacy notice can be found at plymouth.gov.uk/websitetermsandconditions/privacypolicy

Governing Law

These terms and conditions (and any non-contractual obligations arising in connection with them) are governed by, and shall be construed in accordance with, English law. The courts of England shall have exclusive jurisdiction in relation to any dispute or matter arising in connection with these terms and conditions.

Definitions

The following defined terms are used in these terms and conditions: “Agreement Date” means, in relation to a particular Member, the date upon which Membership becomes effective (being, as described in more detail below, the date upon which full payment for the relevant Membership is made).
“Household Member” is a person (aged 18 or older) who purchases a Household membership of the Site (as described in more detail in the section above entitled “Types of Membership and Benefits”).
“Household Membership” means a Membership involving a Household Member.
“Individual Member” is a person (aged 18 or over) who purchases an individual membership of the Site (as described in more detail in the section above entitled “Types of Membership and Benefits”). “Individual Membership” means a Membership involving an Individual Member. “Member” means an Individual Member or a Household Member.
“Membership” the state of being a Member.
“Membership Card” the card which we will provide to you either by post or in person at the Site or Smeaton’s Tower which states that you are a Member. The card will include the name of the Member and the expiry date of the related Membership.
“Membership Enquiry” means an enquiry to become a Member made by a person via the Website, by telephone or in person at the Site.
“Membership Fee” means the annual fee payable in relation to a particular Membership, as published by us on the Website at theboxplymouth.com/support-us/become-a-member subject to amendment by us (in our sole discretion) from time to time. For the avoidance of doubt:
(i) the Membership Fee applicable in relation to the first year of Membership will be that fee so published as at the time and date of the Membership Enquiry (provided that, if payment for the relevant Membership is not made within 4 weeks of the Membership Enquiry, we reserve the right to change the fee in line with any changes made to the published fee since the date of the relevant Membership Enquiry); and
(ii) the Membership Fee applicable in relation to a renewal of a Membership will be that fee so published on the relevant anniversary date of the start of the Membership, as confirmed by us to you (provided that, if payment for the relevant Membership renewal is not made within 4 weeks of our confirmation, we reserve the right to change the fee in line with any changes made to the published fee since the date of our confirmation).
“Site” means the premises known as The Box together with St Luke’s Church and the surrounding land situated at 37 Tavistock Place, Plymouth, PL4 8AX
“Smeaton’s Tower” means Smeaton’s Tower, The Hoe, Plymouth, Devon, PL1 2NZ.
“We” means Arca (Plymouth) Limited (a company registered in England and Wales with registered number 12187662 whose registered office is at Ballard House, West Hoe Road, Plymouth, Devon, PL1 3BJ) trading as The Box. “Our” and “us” should be construed accordingly.
“Website” means our website at theboxplymouth.com and any sub-domains.
“You” means the relevant Member and, in relation to the section above entitled "How to become a Member", the person applying to be a Member, as applicable. “Your” should be construed accordingly.