Customers Note: All Packages other than our ‘Event Staff Hire (Only)’ Package will now incur a reschedule or cancellation fee of £100 regardless of government restrictions, and any other associated reasons such as personal or covid-19.This is due to the time spend on administrational duties such as setting up the booking, money spent in preparation, preparing your event logs and itineraries, allocation and booking of staffing, purchasing and planning and supplier fees*. The cancellation fee is non negotiable and a genuine reflection of the reasonable costs suffered as a result of cancellation. *Supplier and outsourced fees may not be refundable. Please also note that event and service deposits (50% of the end initial invoice) are non refundable in any circumstances if the event date is under the 3 months time frame from date of cancellation request.
Booking Dates & Reschedule Dates are subject to availability.
Your 50% booking deposit secures all associated services required for the hosts or payee’s function or event for the date on your invoice. All terms & conditions as stated, apply once a customer engages with Rhubarbar via paying a Booking Deposit.
A minimum/security deposit is always required. Unless quoted or specified otherwise. This can be paid either via direct banking, or credit card.
Once a booking deposit has been paid, we will unfortunately not accept a reduction in guest numbers. We can accept group increases with an appropriate amount of notice given to Rhubarbar.
When re-booking, due to cancellation, a second partial payment, or remainder of the booking’s total will be requested by Rhubarbar, to secure a new event date.
From there, if a second cancellation occurs, no further payments will be required to reschedule a new date within the 365 day period. Reschedule/cancellation fees apply.
Booking deposits are non-refundable.
If a total amount, or amount outside of the booking deposit has been paid, the total amount paid by the customer can either become a credit or the remaining balance (minus deposit, non refundable supplier fees and a £100 cancelation fee) can be returned to the client. Returns can take up to 60 days. Cancellations less than a month before the event date will not be refunded in any circumstance.
This is due to many reasons; including income damages, staff income, supplier fees, administration time, loss of potential earning elsewhere, purchases made by Rhubarbar for the event and more. Where bookings are cancelled without a reschedule, we do not refund amounts paid.
Please see our terms & conditions, and cancellation notice period information below.
CUSTOMER CANCELLATIONS / PACKAGE CHANGE REQUESTS
No refund of deposit, sub-total or total, whether received by Direct Deposit or Credit Card, will be accepted or processed, if a booking is cancelled with less than 30 days notice. We are able to transfer a customer’s balance (as credit) to another event if booked within 365 days. The customer has one month (30 days) from the requested cancellation to rebook at no additional cost. If no contact is made within the 30 day period to rebook, the credit shall be held by Rhubarbar Events and not returned.
Should any additions or changes be made to the original booking, there may be additional costs required. The total cost of your booking deposit, regardless of amount, will not play a role in this term & condition. As reasons directly affecting the business, and its other customers when a booking is cancelled. Where only a deposit payment has been made and being held as credit, the final amount of the invoice for the new booking shall be due 30 days before the new booking date or immediately if under 30 days.
Regardless of circumstances, we do not refund booking deposits or total/full amounts paid if a customer chooses to cancel under the 30 days notice.
We can only increase guest numbers, and the total cost of a booking/package once booked in. Not decrease guest numbers or the total cost of a booking/package that has been secured via booking deposit.
We are required to remunerate our hospitality staff booked in, to cover their income that was secured.
The reschedule of event date fee is: £100. Which applies to all cancellations / reschedules unless otherwise stated, charity events or signed off by an events manager.
Should the customer not wish to book on another date within 365 days from the initial booking deposit received date, the booking deposit paid will not be refunded. We cannot promise new dates are available year round, as we may be unavailable on certain dates.
STAFF CANCELLATIONS / SERVICE DISPUTES
Cancellations By Our Staff:
Should Rhubarbar Staff cancel on an event due to any reason, with any length of notice, and we, as a business cannot manage to replace the position with another member of our Staff.
We cannot be held liable for any damages to an event, as this is outside of our control. This includes sickness, Covid-19 and other reasons out of our control. We will offer alternative options and services where necessary or a reschedule offer free of charge.
Staff Lateness / Refund Policy:
Customers are eligible to request a refund in 30 minute blocks only, from the time staff are late. If Staff are under 30 minutes late, customers do not quality for a refund, however the staff member that may be late due to traffic conditions & more, may offer to stay back longer, if the customer accepts this/ No refunds would occur if a customer and staff agree to make the time staff were late up, at the end of the event.
A £20 per hour rate is the maximum refund a customer can receive for staff being late, or not showing up for their event.
As skillsets, knowledge, experience & technique vary from staff member to staff member, and we hire based on skillsets presented to us online, we cannot be held responsible for refunding due to poor service. We hire team members based on their CV’s and resume and whilst we undergo a training schedule, there will be times where new staff members are required to do on job training.
SHORT NOTICE CANCELLATIONS & WEATHER RELATED / OTHER CAUSE OF CANCELLATIONS
If the date of cancellation notification, due to weather conditions or uncontrollable occurrence is made at 14 days before the event or under, we can issue a customer date transfer of the invoiced amount for an alternative date. We will not refund any event bookings cancelled or rescheduled under 30 days. Suppliers and outsourced items cannot be refunded or reimbursed in part or whole.
If the date of cancellation notification is made at 7 days or under until the booking we will retain 100% of the invoiced amount unless a rescheduled agreement is made.
Reschedule fee & staff loss of income fee applies. This also applies to booking reschedules.
In the event of inclement weather or any other event causes the client to cancel the booking, the cancellation policy as set out above applies. In the case of extreme circumstances, a cancellation fee is not required.
COVID-19 REGULATIONS & CANCELLATIONS ASSOCIATED WITH RESTRICTIONS
The same cancellation policy as stated above, applies for any government related decisions that may affect a booking date with us.
We cannot refund any booking deposits, however Rhubarbar will not charge the reschedule fee (£100), should an event date be affected due to government restriction law / policy announced. Rhubarbar will offer a reschedule opportunity.
Where bookings are cancelled due to government restrictions, and a customer does not request a reschedule of booking, we cannot refund booking deposits, or full amounts paid by the customer.
We will NOT under any circumstance compromise the safety of clients and staff. This means that if a staff member or client has tested positive, that person will not be permitted to attend the event. In cases where Rhubarbar were to provide staffing for an event, but a positive test has resulted in an unavailable service, we will offer an alternative date FOC or go by cancellation terms (full amount minus deposit and cancelation fee).
Our staff are requested to take regular tests for your safety and the safety of our team. Our staff will isolate for the required amount of days, as per current regulations at the time of the event booking. If you, or your guests have a positive covid test or have been exposed to the virus, please inform the team as soon as possible to rearrange your event.
A £100 cancellation fee applies to any customers, on top of the booked total that has been moved / rescheduled to another date. (for covid-19 related reschedules, please see relevant section)
We charge this cancellation fee of £100 on top of what has already been paid to Rhubarbar, to cover staff, and to cover income damages, as the company may miss out on other business opportunities due to the cancellation made.
In some instances, beverages, supplies and food are already ordered for the event. Where items have been outsourced, no refunded balance of items shall be given.
This fee applies to all packages regardless of package detail, time of service, group size, etc.
Should the customer not wish to book in another date within 365 days from the initial booking deposit received date, the booking deposit paid will not be refunded.
Final payment for the event includes the total cost for Rhubarbar Event’s services, as per Rhubarbar Event’s quotation to the event payee, or payees. A final payment against a booking, where only a booking deposit has been received, has to be received by Rhubarbar via direct deposit or credit card payment no less than 30 days prior to the event date.
In special circumstances, where stated, the remaining payment due on a boking, maybe received no less than 14 days prior to the event date. This has to be pre-approved by your event manager, otherwise a late payment fee of £50 may be charged.
We also have the right to select any another payment agreement via phone or email.
Rhubarbar Events partner with Square in receiving payments pre, intra & post event via our work phone or tablet.
TAB PACKAGES – FINAL PAYMENT
Where a ‘Minimum Spend’ or ‘Booking Credit’ has been exceeded by guests ordering, the Payee(s) of the event shall owe no further monetary value to Rhubarbar Events.
If the ‘Minimum Spend’ has not been reached, an invoice with the remaining due balance will be sent to the host/client who booked the event.
Where a TAB has been taken out for an event, the responsible person(s) must make final payment as soon as the event concludes with a maximum of an hour after final service time. If no payment is made by the guest(s) this is charged to the host/client who booked the event.
There are no circumstances where this term can be changed.
Rhubarbar uphold the right to charge the Payee’s credit card on file, and escalate matters legally should payment not be successfully processed on the same day as the event. By accepting event terms (making payment to Rhubarbar Events) you agree to the above terms.
BROKEN OR MISSING GLASSWARE
Should any damages, or breakages occur to the catering equipment or mobile bars, including glassware, platters, bar surfaces, sides, set up or any other equipment the cost of replacing the broken, stolen or lost item will be invoiced to the host/organiser(s).
Should glassware be found following Rhubarbar’s departure, Rhubarbar will not pay for the glassware to be returned to our warehouse & office. Clients will arrange a collection or request the items be taken to the offices/warehouses of Rhubarbar Events.
The fee for broken items is £5 per glass, £850 per bar, £100 per table, £30 per bench/chair, and other items can be charged as appropriate.
If a customer fails to transfer monies to Rhubarbar Events for reimbursement within five (5) days to replace the broken / missing items, a £50 late fee applies. If a customer fails to transfer monies to Rhubarbar Events for reimbursement within fourteen (14) days to replace the broken / missing items, a £100 late fee applies. If payment still has not been made a £250 late fee applies and we may begin legal proceedings.
PARKING / ACCESS
We ask that for any event, you notify staff of any access issues or restrictions with parking and delivery of goods/services. If the team arrives and finds access difficulty or that the distance from parking to event location is above a reasonable distance, the team has every right to charge an additional fee and request assistance in moving items. Our set up is arranged for two people only, any additional people required will be charged for.
EASY BAR PROPERTY – ITEMS LEFT BEHIND
Should there be any items left behind by Rhubarbar’s team, due not being found on the day or evening of the event, it is the customer’s responsibility to either personally deliver those items back to one of Rhubarbar Event’s nominated locations or arrange collection.
Situations considered that may affect our ability to retrieve 100% of items: after 8pm finish times of events, Dim-lit rooms, Larger groups, Outdoor events with a lot of space, Thefts, High-volume group. Multiple rooms. Etc.
Our minimum spend for our TAB Package is between £500-£2000, generally, although this will be finalised by your event manager. There may also be a non-negotiable minimum payment to make out to Rhubarbar Events if you do not exceed the minimum spend amount on the day of your event.
We uphold the right to retain a Payee’s Drivers License & Credit Card(s) before providing our event services.
BEVERAGE SERVICE TIME-EXTENSIONS
Extra service times can be discussed on the day of the event last minute in exceptional circumstances. By not gaining pre-approval or organising longer service times we cannot guarantee availability for last minute extensions.Pricing and extensions are to be discussed with your event manager on the day of the event.
A time-extension is approved at Rhubarbar Event’s discretion, and if our Staff are able to extend.
Calculations, or charges, are made between our casually employed Staff’s commencement time, & their beverage service conclusion/finish time, on most packages. This would not be including the pack-down time allowance required. Calculations, or charges, are made between Staff’s arrival time & their Quoted pack-down time allowance, on the Bar Staff Hire Package.
EVENT DETAILS CONFIRMATION
We are required to make purchases and organise elements of an event, specifically in accordance with what has been booked. Items that we organise/pay for include, but are not limited to: Equipment requirements, bar staff, beverages ordering, equipment hire, item cleaning, glassware/plastic-ware purchases or cleaning, driver fees, staff deposits, and more.
A menu must be created by emailing Rhubarbar Events. A ‘selection list’ is provided for customers to select their menu from, this can be found on our website.
If beverage options are not selected by a customer, we will nominate our own menu for the customer. We uphold the right to negotiate the menu provided, as not all selections and range of beverages will be accepted on a package. Drinks are subject to availability and stock limitations.
NO-SHOWS – GUESTS
Should guests that have been paid for on the day of the event, not turn up, monies for these non-attendees will not be refunded. There are no circumstance exceptions for this term.
We may only increase guest numbers once a booking has been made, not decrease guest numbers attending the event. The total cost of a package booked may only be increased once secured.
This is due to the nature of cancellations, our companies’ expenses for the event, and several other factors that may prevent us from booking with other customers on the same date, or surrounding dates.
Late attendees are accepted with sufficient notice, and will be charged accordingly.
Once final payment is received by Rhubarbar Events, no refunds are permitted, should guests cancel on their attendance to the event, prior to the event, or on the day of the event itself. If this is based on a per person package, the client will still receive that person’s share of the event items such as extra drinks and food for the original number of guests.
Guests that do not arrive for an event, or events, are not refunded or covered by Rhubarbar Events. We are required to organise for the amount of guests booked in.
WASTE / BINS
We do not take-away wastage at any events. x1 Bin may be supplied at particular events, in our bar area, if mentioned on our quote/invoice. However we do not take-away waste/recycling. Waste/recycling is always left on-site on at the customer’s event location.
Post-event, if our Staff do end up working outside of a specified approximated finish time, or outside of a pack-down time allowance of 2 hours. This may result in an over-time charge to the customer. We uphold the right to directly charge the customer on the day of the event with credit card. Rhubarbar Events do not accept post-event payments.
Enquiring or booking with the company, or registering your information in any way with the company, registers your consent to receive marketing material & future contact. We can cease communication upon request.
FEEDBACK AND COMMENTS
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RETAINING INFORMATION AND YOUR DATA
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WHO WE ARE
Our website address is: www.rhubarbar.com
OUR TERMS AND CONDITIONS
- USE OF THE SERVICES AND COMPANY PROPERTIES. THE WEBSITE, APP(S), AND THE SERVICES, INCLUDING ALL THE INFORMATION AND CONTENT AVAILABLE ON THE WEBSITE, APPS, AND THE SERVICES (COLLECTIVELY, THE “COMPANY PROPERTIES”) ARE PROTECTED BY COPYRIGHT LAWS THROUGHOUT THE WORLD. SUBJECT TO THE TERMS, THE COMPANY GRANTS YOU A LIMITED LICENSE TO REPRODUCE PORTIONS OF THE COMPANY PROPERTIES FOR THE SOLE PURPOSE OF USING THE SERVICES FOR YOUR PERSONAL OR INTERNAL BUSINESS PURPOSES. UNLESS OTHERWISE SPECIFIED BY THE COMPANY IN A SEPARATE LICENSE, YOUR RIGHT TO USE ANY COMPANY PROPERTIES IS SUBJECT TO THE TERMS.
1.1 THE COMPANY SUB-BRANDS ARE ALSO PROTECTED BY THE EXISTING RIGHTS UNDER SECTION 1.
1.2 UPDATES. YOU UNDERSTAND THAT THE COMPANY PROPERTIES ARE EVOLVING. AS A RESULT, THE COMPANY MAY REQUIRE YOU TO ACCEPT UPDATES TO THE COMPANY PROPERTIES THAT YOU HAVE INSTALLED ON YOUR COMPUTER OR MOBILE DEVICE. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY UPDATE THE COMPANY PROPERTIES WITH OR WITHOUT NOTIFYING YOU. YOU MAY NEED TO UPDATE THIRD-PARTY SOFTWARE FROM TIME TO TIME IN ORDER TO USE THE COMPANY PROPERTIES.
1.3 CERTAIN RESTRICTIONS. THE RIGHTS GRANTED TO YOU IN THE TERMS ARE SUBJECT TO THE FOLLOWING RESTRICTIONS: (A) YOU SHALL NOT LICENSE, SELL, RENT, LEASE, TRANSFER, ASSIGN, REPRODUCE, DISTRIBUTE, HOST OR OTHERWISE COMMERCIALLY EXPLOIT THE COMPANY PROPERTIES OR ANY PORTION OF THE COMPANY PROPERTIES, INCLUDING THE WEBSITE, (B) YOU SHALL NOT FRAME OR UTILIZE FRAMING TECHNIQUES TO ENCLOSE ANY TRADEMARK, LOGO, OR OTHER COMPANY PROPERTIES (INCLUDING IMAGES, TEXT, PAGE LAYOUT OR FORM); (C) YOU SHALL NOT USE ANY METATAGS OR OTHER “HIDDEN TEXT” USING COMPANY’S NAME OR TRADEMARKS; (D) YOU SHALL NOT MODIFY, TRANSLATE, ADAPT, MERGE, MAKE DERIVATIVE WORKS OF, DISASSEMBLE, DECOMPILE, REVERSE COMPILE OR REVERSE ENGINEER ANY PART OF THE COMPANY PROPERTIES EXCEPT TO THE EXTENT THE FOREGOING RESTRICTIONS ARE EXPRESSLY PROHIBITED BY APPLICABLE LAW; (E) YOU SHALL NOT USE ANY MANUAL OR AUTOMATED SOFTWARE, DEVICES OR OTHER PROCESSES (INCLUDING BUT NOT LIMITED TO SPIDERS, ROBOTS, SCRAPERS, CRAWLERS, AVATARS, DATA MINING TOOLS OR THE LIKE) TO “SCRAPE” OR DOWNLOAD DATA FROM ANY WEB PAGES CONTAINED IN THE WEBSITE (EXCEPT THAT WE GRANT THE OPERATORS OF PUBLIC SEARCH ENGINES REVOCABLE PERMISSION TO USE SPIDERS TO COPY MATERIALS FROM THE WEBSITE FOR THE SOLE PURPOSE OF AND SOLELY TO THE EXTENT NECESSARY FOR CREATING PUBLICLY AVAILABLE SEARCHABLE INDICES OF THE MATERIALS, BUT NOT CACHES OR ARCHIVES OF SUCH MATERIALS); (F) YOU SHALL NOT ACCESS THE COMPANY PROPERTIES IN ORDER TO BUILD A SIMILAR OR COMPETITIVE WEBSITE, APP OR SERVICE; (G) EXCEPT AS EXPRESSLY STATED HEREIN, NO PART OF THE COMPANY PROPERTIES MAY BE COPIED, REPRODUCED, DISTRIBUTED, REPUBLISHED, DOWNLOADED, DISPLAYED, POSTED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS; AND (H) YOU SHALL NOT REMOVE OR DESTROY ANY COPYRIGHT NOTICES OR OTHER PROPRIETARY MARKINGS CONTAINED ON OR IN THE COMPANY PROPERTIES. ANY FUTURE RELEASE, UPDATE OR OTHER ADDITION TO THE COMPANY PROPERTIES SHALL BE SUBJECT TO THE TERMS. THE COMPANY, ITS SUPPLIERS, AND SERVICE PROVIDERS RESERVE ALL RIGHTS NOT GRANTED IN THE TERMS. ANY UNAUTHORIZED USE OF THE COMPANY PROPERTIES TERMINATES THE LICENSES GRANTED BY THE COMPANY PURSUANT TO THE TERMS.
1.4 THIRD-PARTY MATERIALS. AS A PART OF THE COMPANY PROPERTIES, IT IS POSSIBLE YOU MAY BE DIRECTED TO AND/OR ACCESS MATERIALS THAT ARE HOSTED AND MADE AVAILABLE BY ANOTHER PARTY. YOU AGREE THAT COMPANY MAKES NO WARRANTIES, PROMISES, OR GUARANTEES WITH RESPECT TO SUCH MATERIALS, AND THAT YOU WILL ACCESS SUCH THIRD-PARTY MATERIALS AT YOUR OWN RISK.
- REGISTRATION (AS APPLICABLE).
2.1 REGISTERING YOUR ACCOUNT. IN ORDER TO ACCESS CERTAIN FEATURES OF THE COMPANY PROPERTIES, YOU MAY BE REQUIRED TO BECOME A REGISTERED USER. FOR PURPOSES OF THE TERMS, A “REGISTERED USER” IS A USER WHO HAS REGISTERED AN ACCOUNT ON THE WEBSITE (“ACCOUNT”).
2.2 REGISTRATION DATA. IF APPLICABLE, WHEN REGISTERING FOR THE SERVICES, YOU AGREE TO (1) PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION ABOUT YOURSELF AND/OR YOUR ORGANIZATION AS PROMPTED BY THE SERVICES’ REGISTRATION FORM (THE “REGISTRATION DATA”); AND (2) MAINTAIN AND PROMPTLY UPDATE THE REGISTRATION DATA TO KEEP IT TRUE, ACCURATE, CURRENT AND COMPLETE. YOU REPRESENT THAT YOU ARE (1) AT LEAST EIGHTEEN (18) YEARS OLD; (2) OF LEGAL AGE TO FORM A BINDING CONTRACT; AND (3) NOT A PERSON BARRED FROM USING THE COMPANY PROPERTIES UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE, OR ANY OTHER APPLICABLE RESTRICTION. YOU ARE RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. YOU AGREE THAT YOU SHALL MONITOR YOUR ACCOUNT TO RESTRICT USE BY MINORS, AND YOU WILL ACCEPT FULL RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF THE COMPANY PROPERTIES BY MINORS. YOU MAY NOT SHARE YOUR ACCOUNT OR PASSWORD WITH OTHER PARTIES (OUTSIDE YOUR ORGANIZATION), AND YOU AGREE TO (1) NOTIFY THE COMPANY IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR ANY OTHER BREACH OF SECURITY; AND (2) EXIT FROM YOUR ACCOUNT AT THE END OF EACH SESSION. IF YOU PROVIDE ANY INFORMATION THAT IS UNTRUE, INACCURATE, NOT CURRENT, OR INCOMPLETE, OR THE COMPANY HAS REASONABLE GROUNDS TO SUSPECT THAT SUCH INFORMATION IS UNTRUE, INACCURATE, NOT CURRENT OR INCOMPLETE, THE COMPANY HAS THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE COMPANY PROPERTIES (OR ANY PORTION THEREOF). YOU AGREE NOT TO CREATE AN ACCOUNT USING FALSE IDENTITY OR INFORMATION, OR ON BEHALF OF SOMEONE OTHER THAN YOURSELF. YOU AGREE THAT YOU SHALL NOT HAVE MORE THAN ONE ACCOUNT PER PLATFORM AT ANY GIVEN TIME. THE COMPANY RESERVES THE RIGHT TO REMOVE OR RECLAIM ANY USERNAMES AT ANY TIME AND FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, CLAIMS BY A THIRD PARTY THAT A USERNAME VIOLATES THE THIRD PARTY’S RIGHTS. YOU AGREE NOT TO CREATE AN ACCOUNT OR USE THE COMPANY PROPERTIES IF YOU HAVE BEEN PREVIOUSLY REMOVED BY THE COMPANY, OR IF YOU HAVE BEEN PREVIOUSLY BANNED FROM ANY OF THE COMPANY PROPERTIES.
3.1 COMPANY PROPERTIES. YOU AGREE THAT THE COMPANY OWNS ALL RIGHTS, MARKS, AND INTEREST IN THE COMPANY PROPERTIES. YOU WILL NOT REMOVE, ALTER OR OBSCURE ANY COPYRIGHT, TRADEMARK, SERVICE MARK OR OTHER PROPRIETARY RIGHTS NOTICES INCORPORATED IN OR ACCOMPANYING THE WEBSITE, THE SERVICES, OR THE COMPANY PROPERTIES.
3.2 TRADEMARKS. ALL GRAPHICS, LOGOS, SERVICE MARKS AND TRADE NAMES USED ON OR IN CONNECTION WITH THE COMPANY PROPERTIES OR IN CONNECTION WITH THE SERVICES ARE THE TRADEMARKS OF THE COMPANY AND MAY NOT BE USED WITHOUT PERMISSION IN CONNECTION WITH ANY THIRD-PARTY PRODUCTS OR SERVICES. OTHER TRADEMARKS, SERVICE MARKS AND TRADE NAMES THAT MAY APPEAR ON OR IN THE COMPANY PROPERTIES ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS.
3.3 INDIVIDUAL ACCOUNTS (AS APPLICABLE). NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO YOUR ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF THE COMPANY.
3.4 FEEDBACK. YOU AGREE THAT YOUR SUBMISSION OF ANY IDEAS, SUGGESTIONS, DOCUMENTS, AND/OR PROPOSALS TO THE COMPANY THROUGH ITS SUGGESTION, FEEDBACK, WIKI, FORUM OR SIMILAR PAGES (“FEEDBACK”) IS AT YOUR OWN RISK AND THAT THE COMPANY HAS NO OBLIGATIONS (INCLUDING WITHOUT LIMITATION OBLIGATIONS OF CONFIDENTIALITY) WITH RESPECT TO SUCH FEEDBACK. YOU REPRESENT AND WARRANT THAT YOU HAVE ALL RIGHTS NECESSARY TO SUBMIT THE FEEDBACK. YOU HEREBY GRANT TO THE COMPANY A FULLY PAID, ROYALTY-FREE, PERPETUAL, IRREVOCABLE, WORLDWIDE, NON-EXCLUSIVE, AND FULLY SUBLICENSABLE RIGHT AND LICENSE TO USE, REPRODUCE, PERFORM, DISPLAY, DISTRIBUTE, ADAPT, MODIFY, RE-FORMAT, CREATE DERIVATIVE WORKS OF, AND OTHERWISE COMMERCIALLY OR NON-COMMERCIALLY EXPLOIT IN ANY MANNER, ANY AND ALL FEEDBACK, AND TO SUBLICENSE THE FOREGOING RIGHTS, IN CONNECTION WITH THE OPERATION AND MAINTENANCE OF THE COMPANY PROPERTIES.
- THIRD-PARTY SERVICES.
5.1 THIRD-PARTY WEBSITES & ADS. THE COMPANY PROPERTIES MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES (“THIRD-PARTY WEBSITES”) AND ADVERTISEMENTS FOR THIRD PARTIES (COLLECTIVELY, “THIRD-PARTY WEBSITES & ADS”). WHEN YOU CLICK ON A LINK TO A THIRD-PARTY WEBSITE OR AD, WE WILL NOT WARN YOU THAT YOU HAVE LEFT THE COMPANY PROPERTIES AND ARE SUBJECT TO THE TERMS AND CONDITIONS (INCLUDING PRIVACY POLICIES) OF ANOTHER WEBSITE OR DESTINATION. SUCH THIRD-PARTY WEBSITES ARE NOT UNDER THE CONTROL OF THE COMPANY. THE COMPANY IS NOT RESPONSIBLE FOR ANY THIRD-PARTY WEBSITES & ADS. THE COMPANY PROVIDES THESE THIRD-PARTY WEBSITES & ADS ONLY AS A CONVENIENCE AND DOES NOT REVIEW, APPROVE, MONITOR, ENDORSE, WARRANT, OR MAKE ANY REPRESENTATIONS WITH RESPECT TO THIRD-PARTY WEBSITES & ADS, OR THEIR PRODUCTS OR SERVICES. YOU USE ALL LINKS IN THIRD-PARTY WEBSITES & ADS AT YOUR OWN RISK. WHEN YOU LEAVE OUR WEBSITE, OUR TERMS AND POLICIES NO LONGER GOVERN. YOU SHOULD REVIEW APPLICABLE TERMS AND POLICIES, INCLUDING PRIVACY AND DATA GATHERING PRACTICES, OF ANY THIRD-PARTY WEBSITES, AND SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY THIRD PARTY.
- INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) HARMLESS FROM ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING OUT OF: (A) ANY CONTENT YOU SUBMIT TO THE COMPANY PROPERTIES (“YOUR CONTENT”); (B) YOUR USE OF, OR INABILITY TO USE, THE COMPANY PROPERTIES; (C) YOUR VIOLATION OF THE TERMS; (D) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PARTY, INCLUDING ANY USERS; OR (E) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. THE COMPANY RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH THE COMPANY IN ASSERTING ANY AVAILABLE DEFENSES. YOU AGREE THAT THE PROVISIONS IN THIS SECTION WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT, THE TERMS OR YOUR ACCESS TO THE COMPANY PROPERTIES.
- DISCLAIMER OF WARRANTIES.
7.1 AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE COMPANY PROPERTIES IS AT YOUR SOLE RISK, AND THE COMPANY PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(A) THE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE COMPANY PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE COMPANY PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE COMPANY PROPERTIES WILL BE CORRECTED.
(B) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE COMPANY PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE COMPANY PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
(C) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. COMPANY MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
(D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE COMPANY PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
(E) FROM TIME TO TIME, THE COMPANY MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT THE COMPANY’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
7.2 NO LIABILITY FOR CONDUCT OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
7.3 NO LIABILITY FOR CONDUCT OF OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE COMPANY PROPERTIES. YOU UNDERSTAND THAT COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE COMPANY PROPERTIES.
7.4 NO MEDICAL ADVICE. COMPANY DOES NOT OFFER MEDICAL ADVICE. ANY CONTENT ACCESSED THROUGH THE COMPANY PROPERTIES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, DRUG INTERACTIONS OR ADVERSE EFFECTS. ALL CONTENT ACCESSED THROUGH THE COMPANY PROPERTIES IS INTENDED ONLY TO INFORM AND SUPPLEMENT TREATMENT DECISIONS MADE BETWEEN YOU AND YOUR HEALTH CARE PROVIDER, AND IS NOT INTENDED AS A SUBSTITUTE FOR A MEDICAL EXAMINATION OR DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. THE CONTENT SHOULD NOT BE USED DURING A MEDICAL EMERGENCY. PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION, OR BEFORE TAKING ANY DRUG, CHANGING YOUR DIET, OR COMMENCING OR DISCONTINUING ANY COURSE OF TREATMENT. DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION ACCESSED THROUGH THE COMPANY PROPERTIES. CALL 911 OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES. YOU MAY ONLY USE THE COMPANY PROPERTIES IF YOU RESIDE IN THE UNITED STATES.
- LIMITATION OF LIABILITY.
8.1 DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE COMPANY PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE OR EMOTIONAL DISTRESS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE COMPANY PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE COMPANY PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO THE COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
8.2 CAP ON LIABILITY. TO THE FULLEST EXTENT WHERE PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY THE COMPANY AS A RESULT OF YOUR USE OF THE COMPANY PROPERTIES. DEPOSITS ARE NON REFUNDABLE IN ANY CIRCUMSTANCE. IF THE COMPANY DELIVERS A PRODUCT WITH IS THOUGHT TO BE LESS THAN PROMISED, THE MONIES RETURNED WILL BE BASED ON THE ORIGINAL INVOICE BREAKDOWN OF EACH SECTION IN QUESTION. IF THE COMPANY HAS PROVIDED SUCH A SERVICE IN QUESTION, FUNDS WILL NOT BE RETURNED.
8.3 USER CONTENT. THE COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT OR LACK OF COMMUNICATION REGARDING ITINERARIES), USER COMMUNICATIONS OR PERSONALISATION SETTINGS.
8.4 BASIS OF THE BARGAIN. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN COMPANY AND YOU.
8.5 EXCLUSION OF DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- TERM AND TERMINATION.
9.1 TERM. THE TERMS COMMENCE ON THE DATE WHEN YOU ACCEPT THEM AND REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE COMPANY PROPERTIES, UNLESS TERMINATED EARLIER IN ACCORDANCE WITH THE TERMS.
9.2 PRIOR USE. NOTWITHSTANDING THE FOREGOING, IF YOU USED THE COMPANY PROPERTIES PRIOR TO THE DATE YOU ACCEPTED THE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE TERMS COMMENCED ON THE DATE YOU FIRST USED THE COMPANY PROPERTIES (WHICHEVER IS EARLIER) AND WILL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE COMPANY PROPERTIES, UNLESS EARLIER TERMINATED IN ACCORDANCE WITH THE TERMS.
9.3 TERMINATION OF SERVICES BY YOU. IF YOU WANT TO TERMINATE THE SERVICES OR EVENT PROVIDED BY THE COMPANY, YOU MAY DO SO BY (A) NOTIFYING THE COMPANY AS SOON AS POSSIBLE AND (B) SHOULD YOU HAVE AN ACCOUNT, CLOSING YOUR ACCOUNT FOR ALL OF THE SERVICES THAT YOU USE. YOUR NOTICE SHOULD BE SENT, IN WRITING, TO THE COMPANY’S ADDRESS SET FORTH BELOW. CANCELLATIONS OF EVENTS MUST BE MADE A MONTH BEFORE THE EVENT DATE. DEPOSITS ARE NON REFUNDABLE IN ANY CIRCUMSTANCE AND A CANCELLATION CHARGE OF £250 WILL BE DEDUCTED FROM THE MONEY RETURNED TO YOU. WHEN PAID IN FULL, ITEMS HAVE BEEN OUTSOURCED, SUCH AS BOUCEY CASTLE HIRE, HOT TUB HIRE, GAMES PACKAGES AND DJ’S, THESE FUNDS ARE DEDUCTED FROM THE MONEY RETURNED TO YOU. THIS COVERS ADMIN COSTS AND THE LOSS OF POTENTIAL EARNINGS.
9.4 EFFECT OF TERMINATION. TERMINATION OF ANY SERVICE INCLUDES REMOVAL OF ACCESS TO SUCH SERVICE AND BARRING OF FURTHER USE OF THE SERVICE. TERMINATION OF ALL SERVICES ALSO INCLUDES DELETION OF YOUR PASSWORD AND ALL RELATED INFORMATION, FILES AND CONTENT ASSOCIATED WITH OR INSIDE YOUR ACCOUNT (OR ANY PART THEREOF), INCLUDING YOUR CONTENT. UPON TERMINATION OF ANY SERVICE, YOUR RIGHT TO USE SUCH SERVICE WILL AUTOMATICALLY TERMINATE IMMEDIATELY. YOU UNDERSTAND THAT ANY TERMINATION OF SERVICES MAY INVOLVE DELETION OF YOUR CONTENT ASSOCIATED THEREWITH FROM OUR LIVE DATABASES. THE COMPANY WILL NOT HAVE ANY LIABILITY WHATSOEVER TO YOU FOR ANY SUSPENSION OR TERMINATION, INCLUDING FOR DELETION OF YOUR CONTENT. ALL PROVISIONS OF THE TERMS WHICH BY THEIR NATURE SHOULD SURVIVE, SHALL SURVIVE TERMINATION OF SERVICES, INCLUDING WITHOUT LIMITATION, OWNERSHIP PROVISIONS, WARRANTY DISCLAIMERS, AND LIMITATION OF LIABILITY.
10.1 VIOLATIONS. IF THE COMPANY BECOMES AWARE OF ANY POSSIBLE VIOLATIONS BY YOU OF THE TERMS, THE COMPANY RESERVES THE RIGHT TO INVESTIGATE SUCH VIOLATIONS. IF, AS A RESULT OF THE INVESTIGATION, THE COMPANY BELIEVES THAT CRIMINAL ACTIVITY HAS OCCURRED, THE COMPANY RESERVES THE RIGHT TO REFER THE MATTER TO, AND TO COOPERATE WITH, ANY AND ALL APPLICABLE LEGAL AUTHORITIES. THE COMPANY IS ENTITLED, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, TO DISCLOSE ANY INFORMATION OR MATERIALS ON OR IN THE COMPANY PROPERTIES, INCLUDING YOUR CONTENT, IN THE COMPANY’S POSSESSION IN CONNECTION WITH YOUR USE OF THE COMPANY PROPERTIES, TO (1) COMPLY WITH APPLICABLE LAWS, LEGAL PROCESS OR GOVERNMENTAL REQUEST; (2) ENFORCE THE TERMS, (3) RESPOND TO ANY CLAIMS THAT YOUR CONTENT VIOLATES THE RIGHTS OF THIRD PARTIES, (4) RESPOND TO YOUR REQUESTS FOR CUSTOMER SERVICE, OR (5) PROTECT THE RIGHTS, PROPERTY OR PERSONAL SAFETY OF THE COMPANY, ITS USERS OR THE PUBLIC, AND ALL ENFORCEMENT OR OTHER GOVERNMENT OFFICIALS, AS THE COMPANY IN ITS SOLE DISCRETION BELIEVES TO BE NECESSARY OR APPROPRIATE.
IF ANY ITEMS ARE BROKEN, STOLEN OR MISSING AND THE EVENT HOST IS THOUGHT TO BE LIABLE IN ANY WAY, AN INVESTIGATION WILL TAKE PLACE. IN CERTAIN CIRCUMSTANCES THE SUITABLE AUTHORITIES WILL NEED TO BE CONTACTED AND YOUR INFORMATION WILL BE SHARED WITH THEM ACCORDINGLY.
10.2 BREACH. IN THE EVENT THAT THE COMPANY DETERMINES, IN ITS SOLE DISCRETION, THAT YOU HAVE BREACHED ANY PORTION OF THE TERMS, OR HAVE OTHERWISE DEMONSTRATED CONDUCT INAPPROPRIATE FOR THE COMPANY PROPERTIES, THE COMPANY RESERVES THE RIGHT TO:
(A) WARN YOU VIA E-MAIL (TO ANY E-MAIL ADDRESS YOU HAVE PROVIDED TO THE COMPANY) THAT YOU HAVE VIOLATED THE TERMS;
(B) DELETE ANY OF YOUR CONTENT PROVIDED BY YOU OR YOUR AGENT(S) TO THE COMPANY PROPERTIES;
(C) DISCONTINUE YOUR REGISTRATION(S) WITH THE ANY OF THE COMPANY PROPERTIES, INCLUDING ANY SERVICES;
(D) DISCONTINUE YOUR USE OF OR SUBSCRIPTION TO ANY SERVICES;
(E) NOTIFY AND/OR SEND CONTENT TO AND/OR FULLY COOPERATE WITH THE PROPER LAW ENFORCEMENT AUTHORITIES FOR FURTHER ACTION; AND/OR
(F) PURSUE ANY OTHER ACTION WHICH THE COMPANY DEEMS TO BE APPROPRIATE.
10.3 NO SUBSEQUENT REGISTRATION. IF YOUR REGISTRATION(S) WITH OR ABILITY TO ACCESS THE COMPANY PROPERTIES, OR ANY OTHER COMPANY COMMUNITY IS DISCONTINUED BY THE COMPANY DUE TO YOUR VIOLATION OF ANY PORTION OF THE TERMS OR FOR CONDUCT OTHERWISE INAPPROPRIATE FOR THE COMMUNITY, THEN YOU AGREE THAT YOU SHALL NOT ATTEMPT TO RE-REGISTER WITH OR ACCESS THE COMPANY PROPERTIES OR ANY COMPANY COMMUNITY THROUGH USE OF A DIFFERENT MEMBER NAME OR OTHERWISE, AND YOU ACKNOWLEDGE THAT YOU WILL NOT BE ENTITLED TO RECEIVE A REFUND FOR FEES (IF APPLICABLE) RELATED TO THOSE COMPANY PROPERTIES TO WHICH YOUR ACCESS HAS BEEN TERMINATED. IN THE EVENT THAT YOU VIOLATE THE IMMEDIATELY PRECEDING SENTENCE, THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO IMMEDIATELY TAKE ANY OR ALL OF THE ACTIONS SET FORTH HEREIN WITHOUT ANY NOTICE OR WARNING TO YOU.
- INTERNATIONAL USERS. THE COMPANY PROPERTIES CAN BE ACCESSED FROM COUNTRIES AROUND THE WORLD AND MAY CONTAIN REFERENCES TO SERVICES AND CONTENT THAT ARE NOT AVAILABLE IN YOUR COUNTRY. THESE REFERENCES DO NOT IMPLY THAT THE COMPANY INTENDS TO ANNOUNCE SUCH SERVICES OR CONTENT IN YOUR COUNTRY. THE COMPANY PROPERTIES ARE CONTROLLED AND OFFERED BY THE COMPANY FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. THE COMPANY MAKES NO REPRESENTATIONS THAT THE COMPANY PROPERTIES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE COMPANY PROPERTIES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
- GENERAL PROVISIONS.
12.1 ELECTRONIC COMMUNICATIONS. THE COMMUNICATIONS BETWEEN YOU AND THE COMPANY USE ELECTRONIC MEANS, WHETHER YOU VISIT THE COMPANY PROPERTIES OR SEND THE COMPANY E-MAILS OR TEXT, OR WHETHER THE COMPANY POSTS NOTICES ON THE COMPANY PROPERTIES OR COMMUNICATES WITH YOU VIA E-MAIL OR TEXT. FOR CONTRACTUAL PURPOSES, YOU (1) CONSENT TO RECEIVE COMMUNICATIONS FROM THE COMPANY IN AN ELECTRONIC AND TELEPHONIC FORM; AND (2) AGREE THAT ALL TERMS AND CONDITIONS, AGREEMENTS, NOTICES, DISCLOSURES, AND OTHER COMMUNICATIONS THAT THE COMPANY PROVIDES TO YOU ELECTRONICALLY AND TELEPHONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS WOULD SATISFY IF IT WERE TO BE IN WRITING. THE FOREGOING DOES NOT AFFECT YOUR STATUTORY RIGHTS.
12.2 RELEASE. YOU HEREBY RELEASE THE COMPANY PARTIES AND THEIR SUCCESSORS FROM CLAIMS, DEMANDS, ANY AND ALL LOSSES, DAMAGES, RIGHTS, AND ACTIONS OF ANY KIND, INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, THAT IS EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISES FROM YOUR USE OF THE COMPANY PROPERTIES, INCLUDING BUT NOT LIMITED TO, ANY INTERACTIONS WITH OR CONDUCT OF OTHER USERS OR THIRD-PARTY WEBSITES OF ANY KIND ARISING IN CONNECTION WITH OR AS A RESULT OF THE TERMS OR YOUR USE OF THE COMPANY PROPERTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
12.3 ASSIGNMENT. THE TERMS, AND YOUR RIGHTS AND OBLIGATIONS HEREUNDER, MAY NOT BE ASSIGNED, SUBCONTRACTED, DELEGATED OR OTHERWISE TRANSFERRED BY YOU WITHOUT THE COMPANY’S PRIOR WRITTEN CONSENT, AND ANY ATTEMPTED ASSIGNMENT, SUBCONTRACT, DELEGATION, OR TRANSFER IN VIOLATION OF THE FOREGOING WILL BE NULL AND VOID.
12.4 FORCE MAJEURE. THE COMPANY SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF COVID-19, TERRORISM, RIOTS, EMBARGOS, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, STRIKES OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOR OR MATERIALS.
12.5 QUESTIONS, COMPLAINTS, CLAIMS. IF YOU HAVE ANY QUESTIONS, COMPLAINTS OR CLAIMS WITH RESPECT TO THE COMPANY PROPERTIES, PLEASE CONTACT US AT THE ADDRESSES LISTED BELOW. WE WILL DO OUR BEST TO ADDRESS YOUR CONCERNS WITHIN A 30 DAYS OF RECEIPT. IF YOU FEEL THAT YOUR CONCERNS HAVE BEEN ADDRESSED INCOMPLETELY, WE INVITE YOU TO LET US KNOW FOR FURTHER INVESTIGATION.
RHUBARBAR EVENTS LTD
12.6 LIMITATIONS PERIOD. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE COMPANY PROPERTIES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
12.7 GOVERNING LAW AND VENUE. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAW.
12.8 NOTICE. WHERE THE COMPANY REQUIRES THAT YOU PROVIDE AN E-MAIL ADDRESS, YOU ARE RESPONSIBLE FOR PROVIDING THE COMPANY WITH YOUR MOST CURRENT E-MAIL ADDRESS. IN THE EVENT THAT THE LAST E-MAIL ADDRESS YOU PROVIDED TO THE COMPANY IS NOT VALID, OR FOR ANY REASON IS NOT CAPABLE OF DELIVERING TO YOU ANY NOTICES REQUIRED/ PERMITTED BY THE TERMS, THE COMPANY’S DISPATCH OF THE E-MAIL CONTAINING SUCH NOTICE WILL NONETHELESS CONSTITUTE EFFECTIVE NOTICE.
12.9 WAIVER. ANY WAIVER OR FAILURE TO ENFORCE ANY PROVISION OF THE TERMS ON ONE OCCASION WILL NOT BE DEEMED A WAIVER OF ANY OTHER PROVISION OR OF SUCH PROVISION ON ANY OTHER OCCASION.
12.10 SEVERABILITY. IF ANY PROVISION OF THE TERMS IS, FOR ANY REASON, HELD TO BE INVALID OR UNENFORCEABLE, THE OTHER PROVISIONS OF THE TERMS WILL REMAIN ENFORCEABLE, AND THE INVALID OR UNENFORCEABLE PROVISION WILL BE DEEMED MODIFIED SO THAT IT IS VALID AND ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TERMS AND CONDITIONS AND SUBJECT TO CHANGE AT ANY POINT.
LAST REVISED: April 9, 2021