1.1. www.chooseyourevent.co.uk (“our site”) is a site operated by Chooseyourevent.com Limited (“we” or “us”). We are registered in England and Wales under company number 03799991 and we have our registered office at Lumber House Ashwell Park, Ashwell, Ilminster, Somerset, TA19 9DX.
1.2. The purchasing by you of Advertising Services from us shall amount to an acceptance of these terms and conditions as part of the Contract.
1.3. In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if you are an individual and you are buying Advertising Services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4. If you are a business customer you acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
2.1. The following definitions and rules of interpretation are used in these terms:
Advertising Services: the services that you have purchased from us in order to advertise on our site.
Charges: the charges payable by you for the Advertising Services as set out in clause 9.1.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Writing: where we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1. Our acceptance of your order will take place when we accept payment from you, at which point a Contract will come into existence between you and us.
3.2. Our acceptance of your order shall not be deemed to constitute our acceptance that you have complied with your obligations under these terms, or that we have waived any of our rights under the Contract.
4. OUR SERVICE
4.1. We will supply the Advertising Services to you for the duration specified when you place your order, or until you end the Contract or we end the Contract by written notice to you.
4.2. Time shall not be of the essence in respect of the Advertising Services.
4.3. We do not guarantee the number of page clicks on our site.
4.4. SUSPENSION OF OUR SERVICE
4.5. We may have to suspend the Advertising Services to:
(a) deal with technical problems or make minor technical changes to our site;
(b) update our site to reflect changes in relevant laws and regulatory requirements; or
4.6. If we have to suspend the Advertising Services for longer than five working days in any one month period we will, at out discretion, either adjust the Charges so that you do not pay for the Advertising Services while they are suspended, or provide you with such Advertising Services for an extended period to cover any period of suspension. You may contact us to end the Contract for Advertising Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than ten working days and we will refund any Charges that you have paid in advance for the Advertising Services in respect of the period after you end the Contract.
4.7. If you do not pay the Charges for the Advertising Services when you are supposed to we may suspend supply of the Advertising Services until you have paid us the outstanding amounts.
5. WARRANTIES GIVEN BY YOU
You warrant that all information, advertisements and materials submitted by you to our site:
(b) will be accurate and up-to-date in all material respects;
(c) will not breach any contract or infringe or violate any copyright, trademark or other personal or proprietary right of any person nor will it give rise to any claim;
(d) will comply with the requirements of all applicable law and regulation;
(e) is legal, decent, honest and truthful and will not contain any defamatory matter; and
(f) will be free of any viruses, adware, malware, bit torrents and any other harmful or malicious software or code and will not cause an adverse effect on our computer system or website.
6. INDEMNITY GIVEN BY YOU
You agree to indemnify us against all costs and expenses, losses, damages and adverse effects resulting from any and all allegations, claims, judgements, causes of action, liabilities, obligations, deficiencies, penalties, interest and expenses (including the reasonable fees and expenses of solicitors and other professionals and specialists) arising out of or in connection with any claim from any person with respect to any information, advertisement or materials that you have submitted to our site, including any breach of third party Intellectual Property Rights, or any breach of contract, law regulation, duty of confidentiality, or any claim in respect of defamatory comments or anything that constitutes contempt of court.
7. YOUR RIGHTS TO END THE CONTRACT
7.1. If you are ending the Contract for a reason set out at (a) to (c) below the Contract will end immediately and we will refund you in full for any Advertising Services which have not been provided as at the date of termination. The reasons are:
(a) we have told you about an upcoming change to the Advertising Services or these terms which you do not agree to;
(b) we have suspended the Advertising Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than ten working days; or
(c) you have a legal right to end the Contract because of something we have done wrong.
7.2. In the event that you end the Contract and we are not at fault:
(a) You will not be entitled to receive a refund for tokens that you have purchased for use on our site.
(b) We require one months’ notice of your intention to end a Contract for subscription of our site.
7.3. To end the Contract with us, please contact us using the contact details on our site.
8. OUR RIGHTS TO END THE CONTRACT
8.1. We may end the Contract for Advertising Services at any time by writing to you if:
(b) you do not make payment for the Charges when they are due.
8.2. If we end the Contract in the circumstances set out in clause 8.1 you will not be entitled to a refund in respect of Advertising Services for which you have paid in advance.
9.1. The charges for the Advertising Services (which include VAT) will be the Charges indicated on the order page when you placed your order (“Charges”).
9.2. We accept payment by credit, debit card or by direct debit. When you must pay depends on what Advertising Services you are purchasing:
(a) If you are purchasing tokens, you must pay the Charges for the tokens at the time that you place your order.
(b) If you are purchasing a subscription to our site, you must pay for your first month’s subscription up-front by debit card or credit card and your direct debit will need to be set up to start the next calendar month. Your subscription will be payable each month of the Contract for the forthcoming month and will become due on the same calendar day each month corresponding with the date that you commence your subscription.
9.3. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
9.4. Time is of the essence in relation to payment of the Charges.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
10.1. Nothing in these terms shall limit or exclude our liability for any matter in respect of which it would be unlawful for us to exclude or restrict liability.
10.2. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaching the Contract or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. If your paid use of our site damages a device belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.
10.3. If you are a consumer we only supply Advertising Services to you for domestic and private use. If you use the Advertising Services for any commercial or business purpose our liability to you will be limited as set out in clause 11.
10.4. Our total liability to you for all losses arising under or in connection with the Contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the Advertising Services under the Contract.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
11.1. We will not be liable to you for any direct, indirect, incidental or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused, even if foreseeable.
11.2. To the extent permissible by law, all conditions, warranties or other terms which might be implied or incorporated into this Contract, whether by statue, common law or otherwise, are excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose and the use of reasonable skill and care.
11.3. Our total liability to you for all losses arising under or in connection with the Contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for Advertising Services under the Contract.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1. We will use the personal information you provide to us:
(a) to supply the Advertising Services to you; and
(b) to give you information about similar Advertising Services that we provide, but you may stop receiving this at any time by contacting us.
13. HOW YOUR INFORMATION MAY BE PROCESSED BY A THIRD PARTY
13.1. When making a payment for the Charges you may be redirected to www.stripe.com, a payment system operated by Stripe, Inc. 185 Berry Street, Suite 550, San Francisco, CA 94107. Before making a payment you must ensure that you agree to Stripe, Inc.’s terms and conditions, which vary from ours.
14.1. Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address or email address as provided by that party in relation to the Advertising Services and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, or by email.
14.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 14.1; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by email, one working day after transmission.
15.1. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the Contract within ten working days of us telling you about the proposed transfer and we will refund you for any Charges that you have made in advance for Advertising Services that have not yet been provided.
15.2. The Contract is between you and us. You are not entitled to transfer your rights and obligations under the Contract and no other person shall have any rights to enforce any of its terms.
15.3. Clauses which expressly or by implication survive termination shall continue in full force and effect thereafter.
15.4. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of any breach by you of the Contract, that will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Advertising Services, we can still require you to make payment for the Charges at a later date.
15.5. APPLICABLE LAW AND JURISDICTION
15.6. Any dispute or claim arising out of or in connection with the Contract between us 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 and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim.
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