1.1 All Proposals made and Booking Confirmations submitted by EventClick Ltd trading as PartyMaker Marketplaceare subject to the current terms and conditions and no addition to, or variation of, such terms and conditions shall be binding unless agreed by the sides in writing.
2. Definitions and Interpretations
“User”means any individual, firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) which enters into an agreement for the provision of supplier booking services
with the Platform;
“Platform”means EventClick Ltd trading as PartyMaker Marketplace;
“Booking Confirmation”means the written confirmation of agreed booking arrangements by the User, meaning that they wish the bookings to proceed as set out in the event Proposal. This notification is subject to these terms and conditions;
“Price” means the fee due to the Platform from the User in payment for the suppliers’ services;
“Proposal” means any written quotation submitted by the Platform to the User.
3.1 The Booking Confirmation will only be considered as acceptedby the Platform once the agreed fee has been paid in full.
3.2 The User shall pay to the Vendor via the Platform any amounts due and owing within 7 days of the date of the Platform's invoice. If the payment has not been processed within 7 days of the date of the Platform's invoice, the booking is automatically assumed as cancelled.
3.3 Unless otherwise stated, all fees are quoted in GBP. All payments must be made via the PartyMaker (EventClick Ltd).
3.4 The vendors, and not PartyMaker, are responsible for delivering any purchased goods or performing any booked services. As a user and a vendor of the PartyMaker website, you acknowledge and agree that you, and not PartyMaker, will be responsible for performing the obligations of such agreements, except as otherwise expressly set forth in this Agreement.
3.6. Users shall only initiate chargebacks or request refunds in situations where a User has a good faith belief that the charged amount is incorrect, the charge was fraudulent or there was some other error with the billed amount (“Valid Chargeback Request”). If you violate the foregoing, PartyMaker reserves the right to pursue all remedies available to it, including suspension of your access to the website. If you initiate a chargeback request that is not a Valid Chargeback Request, and such request is accepted or processed by a credit card company or other entity, you acknowledge and agree that PartyMaker may charge you for any costs associated with such invalid chargeback requests.
3.7 When a booking occurs through the PartyMaker platform, PartyMaker collects a booking fee from the vendor, as agreed between the PartyMaker platform and the vendor.
4. Variation & Amendments
4.1 If the User wishes to vary any details of the Event Confirmation Agreement, it must notify the Platform in writing as soon as possible. The Platform shall endeavour to make any required changes and any additional costs thereby incurred shall be invoiced to the User.
4.2 If, due to circumstances beyond the Platform’s control, it has to make any change in the arrangements relating to the Booking Confirmation it shall notify the User forthwith. The Platform shall endeavour to keep such changes to a minimum and shall seek to offer the User arrangements as close to the original as is reasonably possible in the circumstances.
4.3 The Platform reserves the right to do the following:
a) amend any accidental error or omission in a Proposal;
b) amend any Proposal in order to reflect a change in the circumstances beyond the reasonable control of the Platform;
5.1 The User may cancel the Booking but the cancellation will only be effective from the date the Platform receives written notice of cancellation. A cancellation fee will be payable by the User as set out below and has been calculated to represent a reasonable assessment by the Platform of the loss its suppliers will suffer as a result of the Cancellation.
5.1.1. The cancellation fee to be based on the total confirmed specification unless specifically stated otherwise:
30 days or more - free of charge
Less than 30 days - 50%
Less than 14 days - 100%
5.1.2. Any additional costs reasonably incurred by the Platform’s suppliers in cancelling any arrangements connected with the Confirmation shall be paid by the User on demand.
5.2 The Platform’s suppliers may cancel forthwith the Booking Confirmation at any time if:
a) the User is in breach of any of its obligations hereunder;
b) the balance of the Price has not been received by the Platform by the date specified by the Platform as clear funds;
c) due to circumstances beyond the control of the Platform including, but not limited Force Majeure under clause 7, and in such circumstances the Platform shall have no liability to make any payments to the User or refund any part of the price. Such scenarios will be verified by the relevant government agency (Home Office/Local Council).
6.1 The Platform will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of this contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims in connection with the performance of this agreement or with the use by the User of the services supplied in connection with the Event.
6.2 The Platform shall not be liable to the User or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the Platform's obligations if the delay or failure was due to any cause beyond the Platform's reasonable control.
7. Force Majeure
7.1 Neither the Platform nor the User shall be liable to the other or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Services, if the delay or failure was due to any cause beyond that party’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond either party’s reasonable control:
a) act of God, explosion, flood, tempest, fire or accident;
b) war or threat of war, sabotage, insurrection, civil disturbance or requisition;
c) acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
d) strikes, lock-outs, or other industrial actions or trade disputes (whether involving employees of either the Platform or the User or of a third party);
8.1 Any complaint must be received by the Platform in writing no later than 9.00am three working days following an event.
Rules of Conduct
There are rules of conduct that all users and vendors are required to follow when using the PartyMaker website. You must not:
- engage in any Circumventing Tactics (as defined below), or direct or encourage others to do so. “Circumventing Tactics” means any method by which a vendor or a user attempts to circumvent the PartyMaker’s marketplace or Partymaker’s systems to book events or reservations outside of the Partymaker’s platform, the Partymaker’s marketplace or Partymaker’s systems (e.g., to avoid paying any fees to PartyMaker).
- "harvest," “scrape” (or collect) information from the PartyMaker website using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the PartyMaker website and information about the offerings, products, services and promotions available on or through the PartyMaker website.
- use unauthorized automated means to access the PartyMaker website, or otherwise gain unauthorized access to the PartyMaker website or to any account or computer system connected to the PartyMaker website.
- obtain, or attempt to obtain, access to areas of the PartyMaker website or our systems that are not intended for access by you.
- "flood" the PartyMaker website with requests or otherwise overburden, disrupt or harm the PartyMaker website or its systems. (e.g., perform a Denial of Service attack)
- circumvent or reverse engineer the PartyMaker website or its systems.
- restrict or inhibit another user or users from using and enjoying the PartyMaker website.
- impersonate any person, including, but not limited to, other community members or our employees.
- engage in or promote spamming, chain letters or other unsolicited communications.
- provide inaccurate, misleading or false information to us.
- post any content or take any action that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal.
- post any content or take any action that seeks to harm or exploit children by exposing them to inappropriate content, behavior, asking for personally identifiable details or otherwise.
- post any content or take any action that contains any information, content or behavior that we deem vulgar, obscene, unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, high-pressure sales tactics, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise harmful (to PartyMaker, vendors or other users of the PartyMaker website).
- post any content or take any action that contains any information that you know is not correct and current.
- post any content or take any action that, (or, as a vendor, refuse to provide services for any reason that) is fraudulent, unlawful, threatening, harassing, abusive or discriminatory, including, without limitation, discrimination due to race, color, religion, national origin, age or sexual orientation.
- post any content or take any action that encourages criminal conduct.
- post any content or take any action that contains any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty or operation of law.
- post any content or take any action that advertises or solicits business for products or services other than those that are offered and promoted on the PartyMaker website,
- post any content or take any action that contains or distributes any virus, malware, spyware or other harmful content or code.
- discourage clients from hiring other PartyMaker vendor or members.
- discourage and/or prevent PartyMaker clients from booking you through PartyMaker.
- ‘farm’ out client leads (i.e., taking client leads provided to them and transferring these client leads to non-PartyMaker vendors and entities or outside the PartyMaker Site in any way).
The Service contains content owned or licensed by PartyMaker, represented by EventClick ltd ("PartyMaker Content"). PartyMaker Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and PartyMaker, PartyMaker owns and retains all rights in the PartyMaker Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the PartyMaker Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the PartyMaker Content.
The PartyMaker name and logo are trademarks of PartyMaker, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PartyMaker. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of PartyMaker, and may not be copied, imitated or used, in whole or in part, without prior written permission from PartyMaker.
The Services are protected by copyright, trademark, and other UK and foreign laws. These Terms do not grant you any right, title or interest in the Services, others' content in the Services, PartyMaker trademarks, logos and other brand features.
We welcome feedback, but note that we may use comments or suggestions without any obligation to you. It is PartyMaker’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, PartyMaker does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that PartyMaker is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Registration and Log In
To access certain features or areas of the Site, you may be required to provide personal and/or demographic information as part of a registration or log-in process. In addition, certain features of the PartyMaker website are only available to our registered users, and to access those areas of the PartyMaker website you will be required to log in using your phone number and password.You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.You are responsible for all activity occurring when the PartyMaker website is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
The communications between you and us via the PartyMaker website use electronic means, whether you visit the website or send us an email, or whether we post notices on the PartyMaker website or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
Copyright Infringement Notices
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the PartyMaker website in a manner that constitutes copyright infringement, please contact us. We have a policy of terminating the website usage privileges of users who are infringers of intellectual property rights.
Changes to the PartyMaker website
We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the PartyMaker website or any portion of the PartyMaker website. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
Suspension or Termination of Access
These Terms will be governed by the UK law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph does not override those laws.
These Terms constitute the entire agreement between you and PartyMaker with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
PartyMaker's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. PartyMaker may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.