Terms & Conditions of use - Eventstop
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Introduction
This page (together with our Website Terms of Use
http://www.hgonestop.co.uk/terms.
and Privacy
Policy https://www.hgonestop.co.uk/privacy.)
sets out the terms on which Hospitality Guaranteed Limited offers its EventStop services to
clients.
HG operates a specialised website
(www.hgonestop.co.uk)
(“Website”) offering accommodation, events and conference facility
sourcing services with hotel owner/operators registered in HG’s national database.
The EventStop service allows its users (“Clients”) to source the
perfect venue and set up a web page for an event where delegates can book and access information
(“EventStop Service”). Clients can manage the event, venue,
logistics, spend and revenue – all in one place.
The EventStop Service allows the Client to do the following:
-
Quickly and easily create and setup events.
-
Create your own bespoke webpage to enable delegates to book in a simple online step by step
process.
-
Create a simple to use registration and booking process combined in one.
-
Enable delegates to pay online via various payment methods, including Debit or Credit
Card.
-
Enable delegates to book and customise their basket, selecting various packages, individual
items and overnight accommodation, all in one place.
-
Advertise your event via social media or on your own website.
-
Gain support from event management experts from initial ideas to full event management.
-
Event badging and tracking.
-
Management tools and reports with 24/7 instant access.
-
Customise your own email invites and confirmations, with your own branding.
Advanced Features: For these features, you will need to contact HG to speak with a member of
the team for your bespoke package and costs.
-
Payments: Manual payments can be set up to enable delegates to pay by BACS or cheque direct
to the Organiser.
-
Multiple / Complex accommodation requirements: If you need multiple accommodation options
for large events HG can provide advanced functionality that can manage these bookings and
accommodation allocations with hotels.
-
Free Events: HG can turn on the functionality for free events. As there is no payment
gateway, HG’s fees are negotiated with you for the Services.
Creating an Event Page requires you to agree to only use the EventStop Service in accordance
with these terms and conditions and HG’s policies in place from time to time. You
should understand that by registering an event you are
agreeing to be bound by these terms and conditions and shall become a Client of HG.
You should print a copy of these terms and conditions for reference.
Please click on the button marked "I Accept" at the end of these terms if you
accept them. Please understand that if you refuse to accept these terms, you will not be
able to register the Event and access to certain pages and services may be limited.
1. Interpretation
1.1 The following definitions and rules of interpretation apply in these terms and
conditions which include the introductory paragraphs (Conditions).
Delegate: a registered delegate invited to or interested in attending the Event.
Event: Your event.
Event Page: a secure dedicated page on the Website populated and managed by You containing
details of the Event and allowing You to facilitate access by Delegates.
Event Page Content: the images, text, design, look and feel of the Event Page.
HG Charges: the administration charges due to HG in consideration of HG performing the
EventStop Services.
Intellectual Property Rights:
all patents, rights to inventions, utility models, copyright and related rights, trade marks,
service marks, trade, business and domain names, rights in trade dress or get-up, rights in
goodwill or to sue for passing off, unfair competition rights,
rights in designs, rights in computer software, database right, topography rights, moral rights,
rights in confidential information (including know-how and trade secrets) and any other
intellectual property rights, in each case whether registered or
unregistered and including all applications for and renewals or extensions of such rights, and
all similar or equivalent rights or forms of protection in any part of the world.
Interest Rate: the rate of 4% per annum above the base rate from time to time of Barclays Bank
plc.
Password: the initial password issued to You by HG and any alteration to that password by You
enabling access to the Event Page.
Payment Service: the additional service offered by HG providing You access to the payment
platform hosted, maintained, and operated by a third party provider (“External Payment
Provider”) allowing all payments associated to the Event
to be processed and allocated.
Username: the unique username for You issued by HG.
Website: the online website
www.hgonestop.co.uk
or any other domain name from time to time operated by HG.
You or Your: means you, the Client.
1.2 Headings in these Conditions shall not affect interpretation of them.
1.3 A
person
includes a natural person, corporate or unincorporated body (whether or not having separate
legal personality).
1.4 A reference to
writing
or
written
includes faxes and e-mail.
1.5 Any obligation in these Conditions on a person not to do something includes, without
limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done.
1.6 References to Conditions are to these Conditions.
2. Information about us and how to contact us
2.1
Who we are. We are Hospitality Guaranteed Limited a company registered in
England and Wales. Our company registration number is 5839034 and our registered office is at 10
Chapell Lane, Wynyard Park Business Village, Wynyard, Billingham, TS22 5FG
(“HG”). Our registered VAT number is 888 9700 50.
2.2
How to contact us. You can contact us by telephoning our customer service team
at 0344 822 3227 or by writing to us at info@hospitalityguaranteed.co.uk or Hospitality
Guaranteed, 10 Chapell Ln S, Wynyard, Stockton-on-Tees, TS22 5TB.
2.3
How we may contact you. If we have to contact You we will do so by telephone or
by writing to you at the email address or postal address you provided to us in your registration
details.
2.4
"Writing" includes emails. When we use the words "writing" or "written" in
these terms, this includes emails.
3. Application of conditions
3.1 These Conditions:
(a) apply to and are incorporated into the agreement made between HG and You;
(b) apply to each separate Event You create (and the relevant Conditions shall be those
in force at the time each Event Page is created); and
(c) prevail over any inconsistent terms or conditions contained, or referred to, in any
document supplied by You, or implied by law, trade custom, practice or course of dealing.
3.2 HG reserves the right to amend the Conditions from time to time and shall notify You
of any changes by posting them on the Website.
3.3 Every time You make a new Event Page from us, the Conditions in force at the time of
creation of the Event Page will apply to the contract between You and HG.
4. Commencement and duration
These Conditions are effective upon You creating the Event Page and shall continue in force
until determined in accordance with clause 17 (Suspension & Termination).
5. HG’s obligations & Services – Self Managed Event
If You only choose the EventStop Service (i.e. the basic
Self Managed Service), HG will provide the following services.
5.1 HG will grant You a personal, non-exclusive, non-transferrable, revocable licence to
utilise its EventStop Service, the Website and other digital platform to create an Event Page
(in accordance with these Conditions and all other
applicable laws).
5.2 HG will host and maintain (or shall arrange the same from a third party provider) the
Website from which your Event Page will be “hosted” and made available to
Delegates.
5.3 HG will use commercial reasonable endeavours to ensure that any “down time”
when the Event Page is not available to You or to Delegates is limited, and to keep You updated
as to the status and timescales of fixing issue.
5.4 The Website and Event Page are securely hosted and all data is backed up on a nightly
basis.
5.5 If you have selected the Payment Service as part of your chosen EventStop Services HG
will provide access to its External Payment Provider who will facilitate and collect payments
made by Delegates through the Event Page and process such
payments (please see Condition 8 below).
5.6 If You have selected the Payment Service You agree as part of these Conditions to
comply with the terms and conditions of the External Payment Provider and agree to enter into
such contract as the External Payment Provider may require
from time to time and/or to register an account with the External Payment Provider.
6. HG’s obligations & Services – Fully Managed Event
If You choose the Advanced Features (Fully Managed Service), HG will provide
the Self Managed Event Services as set out above together with other advanced services to be
agreed in writing with HG in advance.
7. HG’s Obligations – General
HG shall perform the EventStop Services with reasonable care and skill.
8. Payment Services
8.1 HG does not provide banking services to You or any Delegate. HG will facilitate
access for You and Delegates to the External Payment Provider.
8.2 All payments made via the Payment Service are made direct to the External Payment
Provider.
8.3 All payments made by Delegates or otherwise pursuant to the Payment Services shall be
subject to a Charge in consideration of utilising the Payment Service
(“Charges”).
8.4 The Charges shall be those set out on our website
https://eventstop.co.uk/pricing
and any Charges shall be split between the External Payment Provider and HG.
8.5 In addition to Conditions 8.4 and 8.5 You agree to pay all HG Charges for the
EventStop Services (whether they be in relation to the Self Managed Service or the Fully Managed
Service). If You request Fully Managed Services any
additional HG charges shall be due from You to HG and shall be agreed by You and HG. Where
HG Charges cannot be deducted directly from the Delegate payments, You agree to make payment of
HG Charges within [14] days of receiving invoice from HG.
8.6 You agree to follow all reasonable guidance and requirements regarding VAT. HG
is required to collect and charge VAT. Failure by You to provide all of the necessary
details associated with VAT or any other taxes may result in
further charges /costs being due from You.
8.7 It is Your decision whether you pass these Charges (including any HG Charges for
Fully Managed Services) to your Delegates but You acknowledge and agree that all Charges shall
be automatically deducted from sums received from Delegates
before being processed and passed to You.
9. Your obligations
9.1 You are the organiser of the Event and are responsible for ensuring that the Event
Page and the Event itself are compliant with these Conditions and all applicable laws.
9.2 You must ensure that the all information relating to the Event and the Event Page is
completed fully and accurately.
9.3 You must ensure that the Event Page does not include information or content which is
in breach of any third party’s intellectual property rights.
9.4 You grant HG a non-exclusive, worldwide, royalty free, transferrable, right and
licence to use, reproduce, display and publish the content provided on the Event Page in whole
or in part in any for purposes of operating the HG
services. The content on the Event Page shall remain your property and there shall be no
transfer to HG pursuant to these Conditions.
9.5 You warrant and represent that You have all rights and powers and authority necessary
to enter into these Conditions and to host the Event. HG shall be under no obligation to
verify or check this.
9.6 You shall ensure that the Event Page does not infringe any applicable laws,
regulations or third party rights (such as material which is obscene, indecent, pornographic,
seditious, offensive, defamatory, threatening, liable to incite
racial hatred or acts of terrorism, menacing, blasphemous or in breach of any third party
Intellectual Property Rights).
9.7 You shall ensure that neither the Event nor the Event Page facilitate any form of
gambling, gaming, lotteries, raffles, or any other activity featuring the award of prizes which
would otherwise be prohibited or regulated under English law.
9.8 You must not carry out any activity which may bring HG into disrepute, whether or not
associated with the Event or the Event Page.
9.9 You must not use or upload any content that would infringe or otherwise utilise such
party’s prior the Intellectual Property Rights of any third party without that party’s
consent.
9.10 You must not upload or utilise any trojan horse or other computer virus to the Event
Page or the Website and shall use your best efforts and endeavours to prevent any third party
from doing so in connection with your Event Page.
9.11 You must not do anything which would interfere or disrupt the services provided to
other clients of HG or to HG itself.
9.12 You must ensure that the Event Page and its operation is compliant with the Data
Protection Act 1998.
9.13 You must provide your own Event specific terms and conditions in connection to the
Event.
9.14 If You are using the Self-Managed Services (see condition 5 above) it is Your
responsibility to arrange the venue and all other aspects of the Event directly.
9.15 Any non-attendees, refunds or other charges associated with the Event (other than
Payment Services under these Conditions) are Your responsibility.
9.16 You must set your own refund policy and make Delegates aware of it as part of the
Event specific terms and conditions and posted on the Event Page.
10. Disclaimer
10.1 HG will provide a platform for You to promote and manage your Event – HG is
not responsible for any other service under the Self Managed Event option.
10.2 You acknowledge that HG has no control over the content placed on the Website by
visitors and does not purport to monitor the content of the Event Page.
10.3 The Event Page and Event Content is not moderated. HG will not be responsible
as author, editor or publisher of any contribution submitted to the Website and we expressly
exclude our liability for any loss or damage arising from
the use of the Event Stop Services by any person in contravention of these Conditions.
11. Event Page Login
11.1 You must produce a Username and Password to enable You access to the Event Page.
11.2 You must keep your Password secure and secret at all times and shall immediately
notify HG if your Password is compromised. You shall reimburse HG for all costs, losses,
expenses and demands resulting from a failure by You to keep
the Password secure.
12. Intellectual property rights
12.1 As between You and HG, all Intellectual Property Rights and all other rights in the
Website shall be owned by HG or its licensors (as appropriate). HG licenses all such rights to
You free of charge and on a non-exclusive, worldwide
basis to such extent as is necessary to enable You to make reasonable use of the Website as part
of the EventStop Service only. On termination of these Conditions, this licence shall
automatically terminate.
12.2 The parties acknowledge that the functionality and appearance of the Website shall
be the responsibility and property of HG.
13. Confidentiality
13.1 You undertake that you will not at any time disclose to any person any confidential
information concerning the business, affairs, customers, clients or suppliers of HG.
13.2 You may disclose HG’s confidential information as may be required by law,
court order or any governmental or regulatory authority.
13.3 No party shall use any other party’s confidential information for any purpose
other than to perform its obligations under these Conditions.
14. Our Liability if you are a Business
This Condition 14 only applies if You are a business customer.
14.1 Nothing in these Conditions limits or excludes our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation.
14.2 Subject to Condition 14.1, we will under no circumstances whatever be liable to You,
whether in contract, tort (including negligence), breach of statutory duty, or otherwise,
arising under or in connection with these Conditions for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
14.3 Subject to Condition 14.1, our total liability to You in respect of all losses
arising under or in connection with the Contract, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, shall in no
circumstances exceed 100% of the proportion of the Payments due to and received by HG.
14.4 Except as expressly stated in these Conditions, we do not give any representation,
warranties or undertakings in relation to the EventStop Services. Any representation,
condition or warranty which might be implied or incorporated
into these Conditions by statute, common law or otherwise is excluded to the fullest extent
permitted by law.
15. Our Liability if you are a Consumer
This Condition 15 only applies if You are a consumer (i.e. not contracting with us as a
business).
15.1 If we fail to comply with these Conditions, we are responsible for loss or damage
You suffer that is a foreseeable result of our breach of these Conditions or our negligence, but
we are not responsible for any loss or damage that is not
foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach
or if it was contemplated by you and us at the time we entered into this contract.
15.2 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation.
16. Privacy Policy
You warrant that You will at all times comply with the privacy policy of HG (as amended
from time to time) and shall reimburse HG for all losses, demands, charges and expenses HG
incurs as a result of a breach by You of this Condition.
17. suspension & termination
17.1 HG may determine, in its discretion, whether there has been a breach of these
Conditions through Your use of the Website or the EventStop Services. When a breach has
occurred, HG may take such action as HG deems appropriate, which
includes but is not limited to:
(a) removing any Event Page Content which it deems to be in breach of these
Conditions;
(b) amending or editing any Event Page Content which it deems to be in breach of these
Conditions.
(c) immediate, temporary or permanent withdrawal of Your rights to use the Website or
Services;
(d) immediate, temporary or permanent removal of the Event Page;
(e) issuing a warning to You;
(f) issuing legal proceedings against You for reimbursement of all costs on an
indemnity basis (including, but not limited to, reasonable administrative and legal costs)
resulting from the breach;
(g) taking other legal action against You;
(h) disclosing such information to law enforcement authorities as HG considers is
necessary.
17.2 HG shall not be liable to You for actions taken in response to breaches of these
Conditions. The responses described in these Conditions are not limited, and HG may take
any other action it reasonably deems appropriate.
17.3 On termination of the this agreement for any reason:
(a) You shall immediately pay to HG any outstanding monies owed to HG and interest at the
Interest Rate; and
(b) the accrued rights and liabilities of the parties as at termination and the
continuation of any provision expressly stated to survive or implicitly surviving termination,
shall not be affected.
17.4 On termination of the agreement (however arising), the following Conditions shall
survive and continue in full force and effect:
(a) Condition 12 (Intellectual Property Rights);
(b) Condition 13 (Confidentiality);
(c) Condition 14 (Limitation of Liability);
(d) Condition 16 (Privacy Policy);
(e) Condition 18 (Force Majeure); and
(f) Condition 26 (Governing Law and Jurisdiction).
18. Force majeure – Break in Service Availability
HG shall have no liability to You under the these Conditions if it is prevented from, or
delayed in performing, its obligations under these Conditions or from carrying on its business
by acts, events, omissions or accidents beyond its reasonable
control, including (without limitation) strikes, lock-outs or other industrial disputes (whether
involving the workforce of HG or any other party), failure of a utility service or transport
network, act of God, war, riot, civil commotion, malicious
damage, compliance with any law or governmental order, rule, regulation or direction, accident,
breakdown of plant or machinery, fire, flood, storm or default of suppliers or
subcontractors.
19. Waiver
19.1 A waiver of any right under these Conditions is only effective if it is in writing
and it applies only to the circumstances for which it is given. No failure or delay by a party
in exercising any right or remedy under these Conditions
or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or
restrict its further exercise. No single or partial exercise of such right or remedy shall
preclude or restrict the further exercise of that (or any other)
right or remedy.
19.2 Unless specifically provided otherwise, rights arising under these Conditions are
cumulative and do not exclude rights provided by law.
20. Severance
20.1 If any provision of these Conditions (or part of any provision) is found by any
court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that
provision or part-provision shall, to the extent required,
be deemed not to form part of the Conditions, and the validity and enforceability of the other
provisions of these Conditions shall not be affected.
20.2 If a provision of these Conditions (or part of any provision) is found to be
illegal, invalid or unenforceable, that provision shall apply with the minimum modification
necessary to make it legal, valid and enforceable.
21. Entire agreement
21.1 These Conditions constitute the whole agreement between the parties and supersedes
all previous agreements between the parties relating to its subject matter.
21.2 Each party acknowledges that, in entering into these Conditions, it has not relied
on, and shall have no right or remedy in respect of, any statement, representation, assurance or
warranty (whether made negligently or innocently) (other
than for breach of contract.
21.3 Nothing in this Condition shall limit or exclude any liability for fraud.
22. Assignment
22.1 You shall not, without the prior written consent of HG, assign, transfer, charge,
mortgage, subcontract or deal in any other manner with all or any of its rights or obligations
under these Conditions.
22.2 HG may at any time assign, transfer, charge, mortgage, subcontract or deal in any
other manner with all or any of its rights under these Conditions and may subcontract or
delegate in any manner any or all of its obligations under the
Website Agreement to any third party or agent.
22.3 Each party that has rights under these Conditions is acting on its own behalf and
not for the benefit of another person.
23. No partnership
Nothing in these Conditions is intended to, or shall be deemed to, constitute a partnership or
joint venture of any kind between any of the parties. You shall have no authority to act as
agent for, or to bind, HG in any way.
24. Rights of third parties
A person who is not a party to these Conditions shall not have any rights under or in
connection with it.
25. Notices
25.1 When using the EventStop Services, a Client accepts that communication with HG will
be mainly electronic. HG will contact Clients by e-mail or provide information by posting
notices on the Website. For contractual purposes,
a Client agrees to this electronic means of communication and acknowledges that all contracts,
notices, information and other communications provided electronically comply with any legal
requirement that such communication be in writing.
25.2 The provisions of this Condition shall not apply to the service of any proceedings
or other documents in any legal action.
26. Governing law and jurisdiction
26.1 These Conditions, and any dispute or claim arising out of or in connection with it
or its 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.
26.2 The parties irrevocably agree that the courts of England and Wales shall have
exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with,
these Conditions or its subject matter or formation
(including non-contractual disputes or claims).