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Terms Of Use

1. Definitions

 

a.                   ”Agreement” means the agreement between You and Us incorporating these conditions for the provision of the Service.

b.                   “Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities.

c.                   “Member” means the person whose application for membership of the Service is accepted by Us.

d.                   “Post” means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Service, and the phrases “Posted” and “Posting” shall be construed accordingly.

e.                   “Profile” means the section containing details and/or information about You and composed and Posted by You.

f.                    “Site” and “Service” refer to all inter net pages in the Ivantainment domain and the Ivantainment service provided by Us to You.

g.                   “We, Us, Our” means Ivantainment Limited. Registered office: 1 High Street, Guildford, Surrey GU2 4HP, United Kingdom. Registration number: 04958303.

h.                   “Content” refers to any text, data, software, music, sound, video messages, photographs, graphics or other materials presented on this Site to Users by either Ivantainment or Users.

i.                     “You, Your, Yourself, User” means any person viewing, or interacting with This Site or who makes use of the Service and/or browses the information and/or material contained in the Service.

 

2. General Terms Of Agreement

 

1.                   This is a legally binding Agreement between you and Ivantainment for the provision of the Service.

2.                   These conditions shall govern the Agreement between You and Ivantainment to the exclusion of any other terms or conditions and You agree to abide by these terms and conditions.

3.                   Upon application for membership You will be required to provide Us with sufficient information to show that You are 21 years or over.

4.                   We reserve the right to vary these conditions at any time.

5.                   Our employees, sub-contractors and/or agents are not authorized to make any representations or warranties concerning the Service unless confirmed by Us in writing.

6.                   You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these conditions.

7.                   We shall have the right to refuse to register applications for membership and to terminate memberships at any time.

8.                   The Agreement between You and Us shall come into effect on Our acceptance of Your application for membership. No application for membership shall be deemed to be accepted by Us until You have received confirmation of Your membership from us by e-mail.

9.                   The Service is for the personal and professional networking use of individuals/members only. Organizations, companies and/or businesses may not become members and may not use the Service or the web site for any purpose. Illegal and/or unauthorized uses of the web site, including collecting usernames, and/or email addresses of members by any means whatsoever for the purpose of sending unsolicited email and unauthorized framing of or linking with the web site will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

 

3. Site Contents

 

 

1.       The Service is provided in its current form and We do not guarantee that the Service, or any element of the Service will meet Your requirements, purpose and/or expectations.

2.       We do not provide any warranty in respect of the Services, results, availability, and/or uninterrupted use of the Service.

3.       You acknowledge and agree that Ivantainment may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal requirements, (b) respond to claims that any content violates the rights of third-parties; or (c) protect the rights, property or personal safety of Ivantainment, its users and the public.

 

 

4. Terms

 

1.       This Agreement will remain in full force and effect while You are a Member.

2.       You may terminate Your membership at any time, for any reason, said termination being effective upon completing the cancellation process with WorldPay and Ivantainment.

3.       Ivantainment may terminate your membership for any reason, effective upon sending notice to you at the then current email address posted in your Details. If Ivantainment terminates your membership because you have breached the Agreement, you will not be entitled to any refund of unused subscriptions.

 

 

5. Membership Fees And Payments

 

 

1.                   We shall collect membership fees from you via WorldPay, part of the Royal Bank of Scotland Group, via Direct Debit, cheque payment or cash.

2.                   The price of the different Services shall be shown on the Payment page. Any increases in prices for the Services will be announced in the newsletter of the site, shown on the home page and the payment page.

3.                   Our prices are inclusive of any applicable VAT.

4.                   You shall pay all sums due to Us under this Agreement by the means of the payment specified in our Payment page and without any set-off, deduction, counterclaim and/or any other withholding of monies. Any applicable banking charges on such payments shall be borne by Us.

5.                   All monies paid by You to Us are non-refundable and cancellation and/or termination of this Agreement by You or Us at any time for any reason will not entitle You to a refund of monies paid.

 

 

6. Members’ Conduct And Obligations

 

 

1.                   Your membership in the Service is for your sole, personal use.

2.                   You may not authorize others to use Your membership, and You may not assign or otherwise transfer your account to any other person or entity.

3.                   You are responsible for the confidentiality and use of Your username and password and agree not to transfer or resell your use of or access to the site to any third party. If You have reason to believe Your account is no longer secure, you must promptly change your password by updating Your account information by accessing the “Edit account” feature through “Membership Profile” and immediately notify Us by emailing Us at account@ivantainment.com

 

 

 

7. Rules and Regulations

 

a.         Ivantainment cannot guarantee free admission to all venues.

 

b.         Members must arrive before stated hours and mixed groups are essential.

 

c.         Members guests may occasionally be accommodated on a guest list. Members must always call in advance to check availability.

 

d.         Members are solely responsible for the behaviour of their guests when visiting the individual venues.

 

e.         Ivantainment does not employ a strict dress code, however, members are advised to exercise discretion with their attire and dress accordingly to dress code on invitations.

 

f.          Members are required to treat all staff and other members with courtesy and good manners.

 

g.         Membership does not necessarily guarantee admission to the various venues. Once capacity is reached members may be admitted on a one in one out basis

 

h.         Memberships are non transferable. If you are found to have lent your membership to a non-member, your membership will be immediately revoked.

 

i.          Members are requested to settle all bills before leaving a venue.

 

j.          Table bookings must be reserved well in advance and will be allocated on a first come first served basis.

 

k.         Tables will be held for only 15 minutes from the time of booking. If you are delayed you may try to call the hotline number to see if this can be extended, in order to ensure a table is available to you upon your arrival.

 

l.          On occasion venues will be closed for private functions. Wherever possible Ivantainment will try to inform members in advance.

 

m.        Ivantainment cannot take responsibility for the loss or damage of personal property.

 

n.         Drug abuse is strictly forbidden in all venues. Members found in possession of illegal substances in venues will have their goods confiscated and the police notified and your membership will be revoked.

 

o.         Hours of office operation are: 11 am – 6 pm Monday to Friday. Saturday from 2 pm – 6 pm

 

p.         Guest list or table bookings must be emailed to Ivantainment before 6 pm on the night of request.

 

q.         Ivantainment reserves the right to revoke membership at any given time.

 

 

8. Indemnity

 

1.                   You agree to defend, fully indemnify and keep fully indemnified at all times, and hold harmless Ivantainment, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, damages and expenses (including reasonable fees) relating to or arising out of Your use of this Site including, without limitation, any infringement of any third party’s right (including without limitation intellectual property rights and rights of privacy and publicity) and any unlawful material You  submit to this Site (including without limitation material which is or could be deemed defamatory, obscene, offensive inaccurate, blasphemous, threatening or illegal), including any breach by You of the terms of this Agreement.

 

 

9. Breach and / or default

 

 

1.                   If you:

a.       fail to make any payment to Us when due / or;

b.       breach the terms of this Agreement;

We shall have the right, without prejudice to any other remedies available to us to exercise any or all of the rights set out in clause 9..b below.

2.                   If any of the events set out in clause 9.1 above occurs in relation to You then:

a.       We may terminate this Agreement immediately;

b.       We may immediately suspend and/or terminate Your access to the Service without notice; and

All monies owed by You to Us shall become immediately due and payable.

 

 

 

 

 

10. Copyright, Property Rights And Confidentiality

 

1.                   We will respect your personal information and undertake to comply with all applicable data protection legislation in the UK and other jurisdictions in which we offer the Service.

2.                   All intellectual property rights including without limitation all patents, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same) in the Service shall be owned by Us absolutely.

3.                   We will use Our reasonable commercial endeavours to keep Your personal details such as Your name, e-mail address and credit card number (s) (where relevant) confidential and will not disclose such information, except where such information is public knowledge or it is required to be disclosed by law.

 

 

11. Personal Data Protection And Privacy Policy

 

 

1.                   Registration data and certain other information about you are subject to Ivantainment’s privacy policy.

2.                   Ivantainment will contact You via email occasionally to update you about functionality changes and new services of any kind on offer.

3.                   Ivantainment is not responsible for privacy practices of third party websites linked to this Site. We follow strict security procedures in the storage of Your personal information to prevent unauthorized access.

 

 

12. Marketing And Publicity

 

 

1.                   Ivantainment may from time to time obtain publicity for this Site in the music industry, press, internet trade press and general popular press, as well as newspapers, magazines and other publications both national and international. You agree that these publications may without Our knowledge obtain screenshots or quotations or other publicity accessible material form this Site to be used in such publications that may feature your Ivantainment entry, profile and/ or photographs.

2.                   You agree to release all rights concerning such material as referenced in 11.1 to Ivantainment and agree that Your entry, profile and/or photograph may be used for such purposes. We agree that we will contact you for Your comments in all cases where we are aware that Your information is contained in any such screenshot. We will endeavour to do this prior to any deadline for which the screenshot may be required.

 

13. Limitations Of Liability

 

1.                   Ivantainment grants no warranties of any kind, express, implied or statutory, in any communication with Ivantainment or its representatives, or otherwise with respect to the Service of the Site.

2.                   Ivantainment specifically disclaims any implied warranties of merchantability, fitness for a particular purpose or non-infringement.

3.                   Ivantainment does not warrant that Your use of the service or the site will be secure, uninterrupted, always available or error-free, or will meet your requirements, or that any defects in the Service or the Site will be corrected

4.                   We shall have no liability for any defect in the Service caused or contributed to by You.

5.                   We shall have no Liability to You if any monies owed by You to Us have not been paid in full by the date for payment.

6.                   You shall give Us a reasonable opportunity to remedy any matter for which We are liable before You incur any costs and/or expenses in remedying the matter Yourself. If You do not do so We shall have no Liability to You.

7.                   You shall produce to Us written evidence of any claims for which it is alleged that We are liable together with written details of how any loss was caused by Us and the steps You have taken to mitigate the loss before We shall have any Liability for the claim by You.

8.                   We shall have no liability to You to the extent that You are covered by any policy of insurance and You shall ensure that Your insurers waive any and all rights of subrogation they may have against Us.

9.                   We shall have no Liability to You for any:-

c.       consequential losses (including but not limited to loss of profits, damage to goodwill, loss of data, loss of programs and/or service interruptions);

d.       economic and/or other similar losses; and or

e.       special damages and indirect losses.

10.               You shall be under a duty to mitigate any loss, damage, costs or expenses that You may suffer.

11.               Our total Liability to You under this Agreement and/or arising in relation to any Service provided under this Agreement shall not exceed 5 times the amount paid by You for the Service (if any) under that Contract or the sum of £1,000, whichever is the lower.

12.               Each of the limitations and/or exclusions in this Agreement shall be deemed to be repeated and apply as a separate provision for each of:

a.       Liability for breach of contract;

b.       Liability in tort (including negligence); and

c.       Liability for breach of statutory duty;

13.               Nothing in this Agreement shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which it is not permitted to exclude or limit as a matter of English law.

14.               Nothing in this Agreement shall exclude or limit any of Your statutory rights which may not be excluded or limited due to You acting as a consumer.

15.               We shall have no Liability to You for any delay in performance of this Service and/or any other matters to the extent that such events and/or matters are due to any events outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, hacking, sabotage, explosion, governmental actions and any other similar events.

 

 

16. General Provisions

 

 

1.                   All third party rights are excluded and no third parties shall have any right to enforce this Agreement. This shall not apply to members of Our group who shall have the right to enforce this Agreement as if they were Us. Any right of a third party to enforce this Agreement may be varied and/or extinguished without the consent of the any such third party.

2.                   This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.

3.                   No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision

4.                   This Agreement contains the entire agreement between You and Us. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

5.                   Unless otherwise stated these terms and conditions will survive termination and/or cancellation of this Agreement for any reason.

 

 

17. Cancellation

 

 

1.                   You may cancel Your membership with Ivantainment at any time, for any reason, by completing the cancellation process available to you via the Worldpay Service or by emailing Your details (which must contain Your email address as then posted in Your Details and Your then current password) to:

paymentcancellation@ivantainment.com

2.                   You must cancel Your membership fee by notifying WorldPay at least 14 days prior to the next payment collection date to ensure that payment is not taken.

3.                   Upon receipt of notification of Your cancellation of Your agreement with WorldPay, We shall remove all of Your data from the Ivantainment database. You must allow at least 14 days from the date of Your notification to WorldPay to cancel Your agreement for this to take effect.

 

 

18. Modifications To The Service

 

 

Ivantainment reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Ivantainment shall not be liable to you or to any third party for any modification suspension or discontinuance of the Service.
Privacy StatementTerms and ConditionsSunday, December 08, 2019 Copyright 2018 by MikroSec ApS