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Terms and Conditions for National Gallery Audio Guides

1. Introduction 

1.1. These terms and conditions (the Terms) apply to the use of audio guides (each an Audio Guide”, together the Audio Guides) provided by National Gallery Global Limited, a limited company registered in England whose company number is 02280277 and whose registered address is the National Gallery, Trafalgar Square, London WC2N 5DN (NGG, we, our, us). 

1.2. By purchasing, accessing, or using an Audio Guide, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using our Audio Guides. 

2. Purchasing an Audio Guide 

2.1. Audio Guides can be purchased online, via phone, through our website or in-person at the Gallery. You may purchase up to 6 (six) Audio Guides on our website in any one order.  

2.2. There are two different types of Audio Guide content available to purchase: (1) a collection audio tour that comprises of multiple different audio tours focusing on the Gallery’s permanent collection; and (2) exhibition-specific audio tours that may be made available for specific exhibitions at the Gallery. You will only have access to the audio tours for the type of Audio Guide you purchase, a list of which may be found here or at the Gallery, and which may be updated from time to time.  

2.3. The price for each Audio Guide is listed on the website or at the Gallery and payment is due at the time of purchase. 

2.4. Upon purchase, you will receive an e-ticket with a unique link and QR code, with instructions to access the Audio Guide. Your unique link and QR code will expire once it has been accessed 15 times and you will no longer be able to access the Audio Guide after this point without purchasing a new Audio Guide. 

3. Accessing the Audio Guide 

3.1 There are two different ways of accessing the Audio Guides: (1) on your personal device; and (2) on a handheld audio guide device supplied by the Gallery (subject to availability) (a Gallery Audio Guide Device). 

3.2. Using your Personal Device

  • To access your Audio Guide on your personal mobile phone, tablet, or other compatible device, please click the link or scan the QR code provided to you. 
  • You may access the Audio Guide via your browser, or via the Smartify app. If you choose to download the Smartify app, you will need to create an account with Smartify to proceed.
  • Please use your own headphones when accessing the Audio Guide on your personal device at the Gallery so as not to disturb other visitors. Headphones will not be provided by the Gallery. 

3.3. Using a Gallery Audio Guide Device: 

  • Subject to availability, we may offer handheld devices and headphones for use while on the National Gallery’s premises to access purchased Audio Guides. 
  • If you opt for this and there are Gallery Audio Guide Devices  available at the time of your visit, you must show the QR code included on your audio guide e-ticket at the relevant Visitor Helpdesk and you will be provided with a Gallery Audio Guide Device  for use during your visit. One Gallery Audio Guide Device  is available per QR code. 
  • In order to use a Gallery Audio Guide Device, you must have an account with the National Gallery. If you do not have an account or do not wish to create one, you may access the Audio Guide on your personal device only. 
  • You are responsible for the safety and security of the Gallery Audio Guide Device whilst it is in your possession. You must return the Gallery Audio Guide Device to us at the end of your visit in the same condition it was provided to you. 
  • A replacement charge of £300 applies for Gallery Audio Guide Devices which are lost, damaged, or not returned at the end of your visit. 

4. Usage Restrictions 

4.1. The Audio Guide may be used only for your personal and non-commercial use.  

4.2. You must not: 

  • reproduce, modify, share, distribute, broadcast, stream or make derivative works of the Audio Guide’s content. This includes any National Gallery logos, branding, images, text or audio;
  • share the unique link, QR code, or access credentials with others; or
  • use the Audio Guide in any manner that violates applicable laws, infringes on intellectual property or privacy rights, or disrupts the Gallery's operations. 

4.3. We reserve the right to restrict or revoke access to the Audio Guide if we reasonably suspect any violation of these Terms. 

5. Refund and Cancellation Policy

5.1. If you purchase an Audio Guide onsite at the Gallery, the purchase will be non-refundable from the point of sale.

5.2. If you purchase an Audio Guide online, you have the right to a refund if you let us know you wish to cancel your order no later than 14 days from the date of purchase. Due to the nature of digital content, we are unable to issue a refund once the unique link or QR code has been accessed.

5.3. In the event of a technical issue with your Audio Guide, please contact us immediately at a Gallery Help Desk or at hello@nationalgallery.org.uk and we will endeavour to resolve the issue or provide an alternative solution.

6. Liability

6.1. Nothing in these Terms excludes or limits liability for death or personal injury caused by NGG’s negligence (or that of its staff, employees or agents) or for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded or limited by law.

6.2. Subject to clause 6.1, NGG shall not be liable (howsoever arising and whether for breach of contract, negligence or for any other reason) to you or to any other third party for: (a) any loss or damage to your personal device or property; (b) any loss of profit, loss of sales, loss of revenue or any special, incidental, indirect or consequential loss; and (c) any loss or damage to your device or data caused by your access to the Audio Guide including as a result of any virus, malware or similar.

6.3. Subject to clauses 6.1 and 6.2, NGG’s total liability for anything that it has done or not done under or in connection with these Terms (and whether the liability arises because of breach of contract, negligence or for any other reason) is limited to an amount equal to the amount you paid for the Audio Guide.

6.4. We do not guarantee the uninterrupted availability or accuracy of the Audio Guide. The Audio Guide is provided "as is," and we are not responsible for any technical issues related to your personal device or the Gallery Audio Guide Device provided by the Gallery.

7. Privacy and Data Protection

7.1. Any personal data collected from you in the course of purchasing or accessing the Audio Guide will be handled in accordance with our Privacy Notice.

7.2. All Gallery Audio Guide Devices have location tracking software enabled for security purposes. We will not use this software to monitor your location within the Gallery during your visit, but we will use such tracking software to locate lost, stolen or damaged Gallery Audio Guide Devices.

7.3. We will not share your personal data with third parties without your consent, except as necessary to provide the Audio Guide or as required by law.

8. Changes to the Content and Terms

8.1 We may update the digital content included on the Audio Guide at any time provided that the digit alcontent available on the Audio Guide matches the description of it that we provided to you before you bought it.

8.2 We reserve the right to amend these Terms at any time. Any changes will be communicated via our website. Your continued use of the Audio Guide after changes to the Terms will constitute your acceptance of the revised Terms.

8.3 We may transfer our contract with you at any time, so that a different organisation is responsible for supplying the Audio Guides. You can only transfer your contract with us to someone else if we agree to this.

9. General

9.1. This contract is between you and us. Nobody else can enforce it.

9.2. We can transfer our contract with you, so that a different organisation is responsible for supplying Audio Guides. You cannot transfer our contract with you to someone else.

9.3. If a court or other authority decides that some of these terms are unlawful, the rest of the terms will continue to apply.

9.4. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

10. Governing Law

These Terms are governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.

11. Contact Information

11.1. If you have any questions or concerns regarding Audio Guides or these Terms, please contact us at:

 

V1: May 2025