PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
IF YOU ARE A VENUE OWNER OR EVENT ORGANISER AND WISH TO USE OUR SITE TO ADVERTISE YOUR VENUE OR EVENT PLEASE CONTACT US AT firstname.lastname@example.org
What's in these terms?
These terms tell you the rules for using our website www.fizzbox.com (our site).
Click on the links below to go straight to more information on each area:
1.Who we are, what we do and how to contact us
1.1www.fizzbox.com is a site operated by Fizzboxcom Ltd ("We"). We are a limited company registered in England and Wales under company number 11304047 and have our registered office at 118 Queens Road,4th Floor, Hanover House, Brighton, BN1 3XG.
1.2You may use our site for personal and non-commercial use to search for venues, activities and/or events (Venue/Event) and, once you have registered with us, you may use our site to book a Venue/Event (Booking Services). Venue/Events are provided by third parties (Organisers) who we have allowed to advertise on our site. We do not operate, organise or run Venue/Events ourselves. When booking a Venue/Event through our site we act as your agent. This means that you enter into a direct contract with the Organiser for the provision of the Venue/Event. As such, these terms govern your use of our site and the Booking Services but the provision of the Venue/Event will be subject to the terms and conditions of the relevant Organiser which are available to view on our site before you book a Venue/Event through the Booking Services.
2.By using our site you accept these terms
2.1By using our site and the Booking Services, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our site.
2.2We recommend that you print a copy of these terms for future reference.
3.There are other terms that may apply to you
3.1These terms refer to the following additional terms, which also apply to your use of our site:
3.1.1If you use the Booking Services to book a Venue/Event through our site, you also agree to the terms and conditions of the relevant Organiser and you agree that you will be contracting directly with the Organiser in relation to the Venue/Event booked.
4.1Once you have registered with us and have opened your account you may book a Venue/Event through our site. You must complete the booking details request form on the “check availability” page for the relevant Venue/Event and submit the form. In submitting your enquiry via our site you:
4.1.1confirm you are over 18 years of age;
4.1.2confirm the information submitted with your enquiry is true and accurate;
4.1.2accept these terms and the terms and conditions of the Organiser (which can be viewed on the relevant Venue/Event page) and which contain the cancellation terms which you should read carefully; and
4.1.3accept that we act as your agent and that no contract exists for the provision of the Venue/Event between you and the Organiser unless and until payment has been made in accordance with condition 4.2 below.
4.2Once submitted, your completed “check availability” enquiry will be forwarded to the relevant Organiser who will (i) confirm your chosen time/date, (ii) suggest an alternative time/date or (iii) refuse the chosen time/date. In the event of (i) or (ii) (as the case may be) you will receive an email confirming availability or suggesting alternative dates with a payment link. To book the Venue/Event for the dates referred to in the payment link please pay the relevant fee for the Venue/Event by following the instructions in the payment link (or log in to your account). Specified dates will be available for your chosen Venue/Event for a period of 24 hours after you receive notification of availability but there is no guarantee the specified dates for the Venue/Event will continue to be available after that period. In making payment you confirm that:
4.2.1the information submitted with your “check availability” enquiry is still correct and accurate;
4.2.2you accept these terms and the terms and conditions of the Organiser (which can be viewed on the relevant Venue/Event page) and which may contain cancellation terms which you should read carefully; and
4.2.3accept that we act as your agent and that no contract exists for the provision of the Venue/Event between you and the Organiser unless and until you have made payment for the relevant Venue/Event through our site.
4.3We provide no warranty or guarantee that the Organiser will accept your booking and only if and when the Organiser accepts your booking is there a binding contract between you and the Organiser.
4.4We do not charge you any fee for using our site or the Booking Service. However we do receive a commission from the Organsier for each booking.
5.We may make changes to these terms and our site
5.1We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. [These terms were most recently updated on 26/02/2018].
5.2We may update and change our site from time to time to reflect changes to our Booking Services, our users' needs and our business priorities.
6.We may suspend or withdraw our site
6.1Our Booking Services are made available to you free of charge although we do receive a commission from the relevant Organiser for each Venue/Event we book on your behalf.
6.2We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
7.Registration and keeping your account details safe
7.1To use our site to book a Venue/Event you must be 18 years of age and you must have registered with us and created an account by providing your email address and password or by using a social media account (e.g. Facebook) identified in the sign up stage. If you register using a social media account you give us permission to access and use your information from that account as permitted by that service provider.
7.2We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms. If your access is suspended or terminated you must not attempt to book a Venue/Event through our site under any other name or by using the access credentials of another person even where you have the permission of that person to do so.
7.3If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
8.How you may use material on our site
8.1We 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.
8.2You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.
8.3You 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.
8.4Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
8.5You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
8.6If you print off, copy or download any part of our site in breach of these terms, 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.
9.Do not rely on information on this site
9.1The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
9.2Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
10.We are not responsible for websites we link to
10.1Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
10.2We have no control over the contents of those sites or resources.
11.User-generated content is not approved by us
11.1Our site may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
11.2If you wish to complain about information and materials uploaded by other users please contact us.
12.Our responsibility for loss or damage suffered by you
12.1We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you booked a Venue/Event through our site, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
12.3We are not liable for business losses. Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4 We are not liable for the provision of and delivery of a Venue/Event.We do not own or provide any of the Venue/Events which are advertised through the Booking Services. These are all provided and/or delivered by the Organisers. As your contract for the Venue/Event will be between you and the Organiser, we will not be in any way responsible for the provision of or delivery of the Venue/Event. As such, we do not accept any responsibility or liability for any loss you suffer as a result of availing yourself of the Venue/Event. If, after booking a Venue/Event, you have any queries or concerns about the Venue/Event, please contact the organiser directly.
13.Uploading content to our site
13.1Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in section 17.3.
13.2You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
13.3Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us, to use material you upload.
13.4We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
13.5We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in section 17.3 of these Terms.
13.6You are solely responsible for securing and backing up your content.
14.Rights you are giving us to use material you upload
14.1When you upload or post content to our site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence:
-to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with our site and the service provided by our site including, but not limited to, the promotion of our site and the service in whatever form or media.
-to sub-licence third parties (for example, other users, partners or advertisers) to use the content for their purposes or in accordance with the functionality of our site.
15.We are not responsible for viruses and you must not introduce them
15.1We do not guarantee that our site will be secure or free from bugs or viruses.
15.2You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your ownvirus protection software.
15.3You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that 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.
16.Rules about linking to our site
16.1You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
16.2You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
16.3You must not establish a link to our site in any website that is not owned by you.
16.4Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
16.5We reserve the right to withdraw linking permission without notice.
16.6The website in which you are linking must comply in all respects with the content standards set out in section 17.3 of these Terms.
17.Acceptable use of our site
17.1You may use our site only for lawful non-commercial purposes. You may not use our site:
17.1.1in any way that breaches any applicable local, national or international law or regulation;
17.1.2in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
17.1.3for the purpose of harming or attempting to harm minors in any way;
17.1.4to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in section 17.3 of these Terms
17.1.5to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
17.1.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
17.2You also agree:
17.2.1not to reproduce, duplicate, copy or re-sell any part of our site or the software in it in contravention of the provisions of these Terms;
17.2.2not to access without authority, interfere with, damage or disrupt:
126.96.36.199any part of our site;
188.8.131.52any equipment or network on which our site is stored;
184.108.40.206any software used in the provision of our site; or
220.127.116.11any equipment or network or software owned or used by any third party.
17.3All material which you contribute to our site (Contributions) must comply with the spirit and the letter of the following standards which apply to each part of any contribution as well as to its whole:
18.104.22.168be accurate (where they state facts);
22.214.171.124be genuinely held (where they state opinions);
126.96.36.199comply with applicable law in the UK and in any country from which they are posted; and
17.3.2Contributions must not:
188.8.131.52contain any material which is defamatory of any person;
184.108.40.206contain any material which is obscene, offensive, hateful or inflammatory;
220.127.116.11promote sexually explicit material;
18.104.22.168promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
22.214.171.124infringe any copyright, database right or trade mark of any other person;
126.96.36.199be likely to deceive any person;
188.8.131.52be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
184.108.40.206promote any illegal activity;
220.127.116.11be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
18.104.22.168be likely to harass, upset, embarrass alarm or annoy any other person;
22.214.171.124be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
126.96.36.199give the impression that they emanate from us, if this is not the case;
188.8.131.52advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
18.Suspension and Termination
18.1Without prejudice to our other rights and remedies if we determine, in our discretion, there has been a breach of these Terms we may take such action as we deem appropriate including but not limited to:
18.1.1immediate, temporary or permanent withdrawal of your right to use our site;
18.1.2immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
18.1.3issue of a warning to you;
18.1.4legal 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;
18.1.5further legal action against you;
18.1.6disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
18.2We exclude liability for actions taken in response to breaches of these Terms. The actions referred to in these terms are not limited, and we may take any other action we reasonably deem appropriate.
19.Disputes, which laws apply to these Terms and where you may bring legal proceedings
19.1We will try to resolve any disputes you have relating to the Booking Services quickly and efficiently.
19.2If you are unhappy with the Booking Services please contact us as soon as possible.
19.3These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.