TERMS OF SERVICE


1. INTRODUCTION

Please note to use the Service, Users must accept these Terms which should be read carefully prior to using the Service. These Terms represent a binding contract between UK Supperclubs and the User. If the User does not wish to be bound by these Terms, the User should not accept these Terms by not using the Service.

2. DEFINITIONS

In this Agreement the following terms shall unless the context otherwise requires have the following meanings:

 

"Event"

A specified event on a specified date for which Tickets are sold by a Host via the Website

“Host”

Person(s) signing up to UK Supperclubs in order to use extended features to advertise and/or sell Tickets online for an Event

 

"Intellectual Property Rights"

means throughout the world all copyrights, database rights, trade marks, trade names, patents and other intellectual property rights created, developed and already in existence

 

"Service"

means the offering of supper club Tickets for sale and information by UK Supperclubs through the Website

"Server"

means the server used by UK Supperclubs to host the Website

"Ticket"

means a ticket purchased via the Website to allow a User entry into an Event

"Terms"

means these terms and conditions

"User"

means the individual or corporate entity (including any sole trader, partnership, limited company or other organisation or person) that has registered with UK Supperclubs by means of the registration screen on the Website or that uses the Website and/or Service, and shall include any Host.

"UK Supperclubs"

means UK Supperclubs Ltd, a company registered in the UK with company number 11845775  and whose registered office is 8 Sunnydene Avenue, London, United Kingdom, E4 9RE

"Website"

means the website with URL http://www.uksupperclubs.com or such other URLs as UK Supperclubs may in its sole discretion from time to time decide by means of which UK Supperclubs may provide the Service

3. COMMENCEMENT OF TERMS’ APPLICABILITY

These Terms shall be effective from the time that the User first registers to use the Website and/or uses the Service. These Terms and shall remain in force until or unless terminated in accordance with these Terms.

4. VARIATION OF TERMS

UK Supperclubs may vary these Terms at any time. Such variations shall become effective immediately upon the posting of the modified Terms on the Website or notification to the User, as UK Supperclubs shall decide. By continuing to use the Service following any such variation the User shall be deemed to accept such variation.

5. USE OF THE SERVICE BY THE USER

5.1. The Service shall only be used by the User or other representative of the User, and not by any third party.

5.2. UK Supperclubs at its sole discretion reserves the right to refuse to accept a User's registration or to limit a User's access to the whole or any part of the Service at any time.

5.3  The User agrees that the Host will get access to your name and email address  as attendees of an event or booking, along with any details collected in the booking process (excluding card details and billing address). This does not give the Host the permission to market to you unless explicitly stated.

6. TICKET SALES

The User acknowledges and agrees that:

6.1 UK Supperclubs is the agent of the Host of the Event to conclude Ticket transactions between the User and the Host on payment of the relevant Ticketing fee;

6.2 receipt of the correct Ticketing fee or deposit sums by UK Supperclubs as agent on behalf of the Host from the User shall discharge the User's debt to that Host; and

6.3 UK Supperclubs does not act as agent of any Users who are not Hosts.

6a. TICKET SALES THROUGH UK SUPPERCLUBS

6a.1. Tickets for Events sold through UK Supperclubs normal pay method, will be processed through UK Supperclubs’s own online merchant and bank account. Transactions of this nature are covered by this clause 6a.

6a.2. Refunds for Tickets and Events prior to the Event: The User may sometimes apply for a refund at least 72 hours prior to the Event in question provided that Tickets for the Event remain on sale, although this is at the complete discretion of the Event’s Host. It is the User's responsibility to check the relevant Event refund policy with the Host prior to purchasing the Ticket by clicking on any relevant link to terms and conditions. Refunds for Tickets shall not be processed if the User requests a refund less than 72 hours before the Event.

6a.3. Refunds where an Event is cancelled: Should an Event be cancelled, the Host of the Event will take full responsibility for the refund,  inform the User prior to such cancellation and the User will be entitled to a refund subject to clause 6a.4 below.

6a.4 Where a refund is to be granted by the Host in accordance with clauses 6a.2 or 6a.3 above, and UK Supperclubs has not been required to pass on, or has not in fact transferred the relevant User’s monies to the Host, UK Supperclubs shall endeavour to refund the relevant User’s monies as soon as possible and in any event within 30 days. If, however, the User’s monies have been passed on to the Host, then UK Supperclubs shall have no obligation to refund the User’s monies and the Host hereby expressly undertakes to refund the User directly in accordance with its terms and conditions. To facilitate this, UK Supperclubs shall pass to the User all contact information relating to the Host necessary for the User to obtain a refund directly from the Host. Any transaction handling fees that apply to the purchase of Tickets will only be refunded where the delivery or handling service has not already been carried out.

6a.5 Any refunds requested by the User are the responsibility and discretion of the Host only. The User through buying a ticket on UK Supperclubs commits to the Host's own terms and conditions stated on the issued ticket and on their ticket web page.

6b. TICKET SALES THROUGH THIRD PARTY PLATFORMS

6b.1. Tickets sold through UK Supperclubs that link to third party platforms are Tickets sold for Events advertised by Hosts, where transactions are processed through the Host's merchant account, not UK Supperclubs. Transactions of this nature are covered by this clause 6b.

6b.2. The Event Hosts are directly responsible for setting their own terms and conditions, including cancellation and refund policy.

6b.3. It is the responsibility of the User wishing to purchase a Ticket for an Event to check the terms referred to in 6b.2 above with the Host before the purchase of any Tickets.

6b.4. UK Supperclubs is in no way responsible for Tickets sold through third party platforms and has no authority to issue refunds. Users must contact the relevant Host regarding any refund and the Host hereby expressly undertakes to pay such refunds as are due to Users in accordance with its terms and conditions.

6b.5 Any refunds requested by the User are the responsibility and discretion of the Host only. The User through buying a ticket on UK Supperclubs commits to the Host's own terms and conditions stated on the issued ticket and on their ticket web page.

7. INTELLECTUAL PROPERTY

7.1. All rights in the design, text, graphics, music, photographs, sound, video and other material on the Website and the selection or arrangement thereof are the copyright of UK Supperclubs or other third parties.

7.2. The User must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from UK Supperclubs.

7.3. If the User prints off, copies or downloads any part of the Website in breach of these Terms, the User shall have no further rights to use the Website or Service and the User must, at UK Supperclubs's option, return or destroy any copies of the materials they have made.

7.4 Any Tickets issued by UK Supperclubs are the intellectual property of UK Supperclubs and it reserves all rights to place whatever advertising on such Tickets as it sees fit.

7.5 The Website may provide you various opportunities to submit or post content ("Contributed Content"). We may require you to have a user account to submit Contributed Content.

We do not claim ownership over your Contributed Content. However, when you upload any type of Contributed Content to the Platform you represent and warrant that all such Contributed Content is owned by or licensed to you, that you do not violate rights of others, and you grant UK Supperclubs permission to use such Contributed Content, for the purposes of providing, developing and marketing the Services. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the Contributed Content.

 

8. USERS’ WARRANTIES AND REPRESENTATIONS

8.1. The User warrants to UK Supperclubs that its use of the Service shall:

8.1.1 not upload or post content on the Website that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person or violate any third-party rights.

8.1.2. not be in breach of any contractual, statutory or common law rights of any third party (including but not limited to infringement of Intellectual Property Rights, data protection, defamation, theft, fraud, drug-trafficking, money-laundering and terrorism statutes);

8.1.3. not entail the obtaining of the Service by rearranging, tampering with, or by any other fraudulent means whatsoever;

8.1.4. not entail the obtaining, accessing, altering or destroying any of the data files, programs, procedures and information of UK Supperclubs or of another User of the Service;

8.1.5. not interfere unreasonably with the use of the Service by any other User or authorised person;

8.1.6. not be threatening, fraudulent, abusive, harassing, defamatory, invasive of privacy or publicity rights, obscene, profane, indecent, or otherwise objectionable or inappropriate as determined by UK Supperclubs at its sole discretion; and

8.1.7. not cause any viruses or harmful programmes to be transmitted to the Server.

8.2. The User warrants that all the information that it supplies to UK Supperclubs shall be accurate, complete and true in all respects and the User agrees that it shall notify UK Supperclubs immediately of any changes to such information or if such information becomes out of date.

8.3 Breach of any of these warranties shall result in the User being banned from using the Service by UK Supperclubs acting in its sole discretion, without prejudice to any claim or rights UK Supperclubs may have relating to such breach.

9. EXCLUSION OF WARRANTIES / LIMITATION OF LIABILITY

9.1 No liability for attending Events: The User acknowledges and accepts that UK Supperclubs is purely a platform for Users to find Hosts/Events and acts as agent of the Host to enable Users to conclude ticket purchases or bookings.  UK Supperclubs does not have any control over any Host, Event or the service provided by such Host, Event, and accordingly takes no responsibility for damages, injury or loss of any kind incurred by the User from attending an Event via Tickets purchased or a booking made via the Website, or a User being refused access to an Event for not complying with the Event regulations. In such circumstances the Host (as applicable) will be directly liable to the User, however it is the responsibility of the User to familiarise themselves with the Host’s rules and regulations prior to attending the Event.

9.2. The Service is provided "as is" without any warranty of any kind either express or implied. On occasion the Service may be interrupted or suffer technical errors due to factors beyond our control. UK Supperclubs shall use reasonable endeavours to rectify any issues. In relation to Hosts, UK Supperclubs will offer technical support of its own systems during normal working hours, but is not responsible for the technical support of any Host’s website or systems. UK Supperclubs are not responsible for the promotion of Events or Ticket sales, and use of the Service by a Host does not guarantee the sale of any Tickets.

9.3. Subject to clause 9.5, UK Supperclubs (including its directors, employees or other representatives) will be not be liable for loss of profits; loss of business or revenue; consequential damages; depletion of goodwill or similar losses; loss of anticipated savings; loss of goods; loss of use; loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses in connection with the use of the Service.

9.4. Subject to clause 9.3 and 9.5, in the event that UK Supperclubs incurs any liability, such liability shall in all cases be limited to:-

a) in relation to Users who have purchased Tickets for an Event, one hundred pounds or the price of any applicable Tickets purchased, whichever is the lowest;

b) in relation to Hosts the amount of commission actually paid to UK Supperclubs in respect of the Event in question;

9.5. Notwithstanding the foregoing, none of the exclusions or limitations in this clause 9 are intended to limit any rights a User may have as a consumer under local law or statutory rights which may not be excluded, nor in any way exclude or limit UK Supperclubs’ liability to a User for fraud, or death or personal injury resulting from UK Supperclubs' negligence or that of UK Supperclubs' employees or agents.

10. INDEMNITY RELATING TO HOSTS ONLY

Hosts shall indemnify and hold UK Supperclubs harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by, UK Supperclubs as a result of or in connection with any claim made against UK Supperclubs in respect of any liability, loss, damage, injury, cost or expense sustained by UK Supperclubs' employees or agents or by any User or third party to the extent that such liability, loss, damage, injury, cost or expense was caused by, relates to or arises from attendance by a User of an Event itself, or is as a consequence of a breach or negligent performance or failure or delay in performance of the obligations of the Host under these Terms.

11. TERMINATION

11.1. Any party may terminate the contractual agreement governed by these Terms immediately by notifying the other party in writing, without prejudice to any rights or claims accrued by either party prior to the date of termination under these Terms. Upon termination the User shall cease to have any right to use the Website or Service.

11.2 In the event that a Host fails to pay any fees agreed separately in writing with UK Supperclubs for use of the Service, then UK Supperclubs may terminate the Host’s use of the Website and Service with immediate effect acting in its sole discretion, without prejudice to any claim or rights UK Supperclubs may have prior to such termination.

12. WAIVER

Failure or neglect by UK Supperclubs to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of UK Supperclubs’ rights hereunder nor in any way affect the validity of the whole or any part of these Terms nor prejudice UK Supperclubs' rights to take subsequent action.

13. ASSIGNMENT

13.1. UK Supperclubs is entitled to assign or transfer any or all of its rights and obligations under these Terms or the benefit of the Service at any time without the need for any consent from any User (including a Host).

14. TERMS RELATING TO HOSTS ONLY

14.1. UK Supperclubs reserves the right to withhold funds
(i) at any time as UK Supperclubs determines to be necessary for the processing and settlement of all refunds, disputed charges, charge backs, customer complaints, allegations of fraud, and other discrepancies
(ii) in the event that the Host has outstanding debts to UK Supperclubs, in which case it may withhold all revenue for Tickets sold until such debts are paid and cleared in full and
(iii) as otherwise permitted pursuant to these Terms.

14.2. Hosts agree that all revenue from Tickets for an Event is only due and payable to Hosts following conclusion of the applicable Event and all revenues from Tickets sold via the Website ultimately due will be net of
(i) the applicable commission rate (which shall be retained by UK Supperclubs);
(ii) all service and processing fees of third party payment platforms; and
(iii) any refunds, disputed charges, charge backs and other deductions which UK Supperclubs judges necessary, acting in its sole discretion, in order that it may settle any issues with its Users who have purchased relevant Tickets.

14.3. If (i) payments have already been made by UK Supperclubs to a Host for Tickets sold by UK Supperclubs to a User under clause 6a or (ii) the User purchases Tickets for an Event under clause 6b (Ticket sales through third party platforms), and that Event is cancelled, such Host will immediately issue refunds directly to Users who have purchased a Ticket via the Website for the cancelled Event, within ten working days of the date on which the Event is cancelled.

14.4. All communications or disputes regarding refunds are between the Host and User who purchased Tickets on the Website, and UK Supperclubs will not be responsible or liable for, and the Host hereby agrees to fully indemnify UK Supperclubs and its affiliates for any claims for refunds, errors in issuing refunds, or lack of refunds, and/or charge backs and associated costs incurred by UK Supperclubs in connection with the purchase of Tickets via the Website.

14.5. All Hosts acknowledge and agree that UK Supperclubs shall have the right to force a refund of any or all Tickets at any time if UK Supperclubs receives complaints from a substantial number (as determined by UK Supperclubs in its sole discretion) of Users with respect to the applicable Event or another Event held by a Host, or UK Supperclubs determines in its sole discretion that a Host has engaged in any fraudulent activity or made any misrepresentations.

14.6. UK Supperclubs uses secure payment systems, but in the case that any fraudulent purchase made by a customer and a charge back occurs in respect of a payment that UK Supperclubs has transferred to the Host, then UK Supperclubs will invoice the Host for such charge back to be paid to UK Supperclubs within 5 days of receipt of invoice and may deduct such sums owed to it by the Host from any revenue taken by UK Supperclubs on behalf of the Host, even where this relates to a different Event.  

14.7. Any funds due to the Host will be remitted to the Host within 3-5 working days after the relevant Event to a bank account nominated by the Host prior to this date or as otherwise agreed in writing with UK Supperclubs.  

14.8 UK Supperclubs reserves the right to remove and halt ticket sales and any associated promotion of the Hosts event at their discretion.

14.9 Any commission owed by the Hosts to UK Supperclubs for ticket sales is non-refundable once the net payment has been made to the Host for ticket sales. Any service fees incurred by third party payment platforms for tickets are also non-refundable once the User has purchased a Ticket.

14.10 If we suspect fraud on any transactions relating to the Hosts events, we reserve the right to cancel and refund the purchase.

14.11 The Host warrants that the Events that they upload for Ticket sales on the Website shall adhere to all necessary legal rules including but not limited to applicable local health and safety regulations and food hygiene.

14.12 The Host shall be responsible for ensuring the correct limit and quota for tickets are on sale on the Website. UK Supperclubs shall not be responsible for the Host overselling tickets for a Host’s Event. In the event that excess Tickets are sold, the Host will receive the revenue as detailed in clause 15.2 and it will be the responsibility of the Host to manage this situation directly with the User.

14.13 Our Privacy Policy explains our responsibilities and how we look after your data.  

15. Accuracy of Listings

15.1 UK Supperclubs accepts no responsibility for the accuracy of the listings on the Website.

15.2 If the User finds information that is incorrect or inaccurate, UK Supperclubs politely request that the User emails hello@uksupperclubs.com so that UK Supperclubs can take the appropriate action (either by updating the Website or notifying the relevant Host about their listing) .

16. NOTICES

Any notice required or permitted under these Terms or required by statute, law or regulation shall be either in e-mail to hello@uksupperclubs.com or in writing and shall be delivered in person, or sent by registered mail to:

UK Supperclubs Ltd, 8 Sunnydene Avenue, London, United Kingdom, E4 9RE

or to such other address as may be designated by notice set out on the Website. UK Supperclubs may either email Users at the email address provided by such User or notify Users of any matter by displaying a message on the Website (at its sole discretion).

Any such notice displayed on the Website shall be considered to be received within six working days after it was posted on the Website, and if emailed to a User, at the time the email was sent.

17. INVALIDITY

If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.

18. ENTIRE AGREEMENT

These Terms supersede any arrangements, understanding, promises or agreements made or existing between the parties hereto prior to these Terms in respect of the Service and constitute the entire understanding between the parties hereto regarding the same. Except as otherwise provided herein, no addition, amendment to or modification of these Terms shall be effective unless it is in writing and signed by and on behalf of both parties.

19. THIRD PARTIES

Nothing in these Terms confers or purports to confer on any third party who is not a User (or a Host), any benefit of any right to enforce any of these Terms pursuant to the Contracts (Rights of Third Parties) Act 1999.

20. LAW

These Terms shall be governed and construed in accordance with the law of England and Wales and parties hereby submit themselves to the exclusive jurisdiction of the English Courts in respect of any claim (including non-contractual disputes or claims).