BACKGROUND:
These Terms for Customers, together with any and all other documents referred to herein, set out the terms under which users (“Customers”) make enquiries on our Directory. Please read these Terms for Customers carefully and ensure that you understand them before using our Directory. These Terms for Customers, as well as any and all contracts are in the English language only.
- Definitions and Interpretation
- In these Terms for Customers, unless the context otherwise requires, the following expressions have the following meanings:
“Advertisement” means a listing on our Directory from businesses advertising their venue;
“Customer” means a user who is visiting our Directory;
“Directory” means our platform for Customers and Venues on our Site;
“Our Site” means this website www.socialplaylist.co.uk
“Venue” means a user who provides social events or operates a social activities venue which is being advertised on our Directory;
“Venues Content” means any Content added to our Site by a Venue or added by us;
“we/us/our” means Social Playlist operated by Bowling Vision.
- Access to and use of our Site
- Access to our Site is free of charge.
- It is your responsibility to make any and all arrangements necessary in order to access our Site.
- Access to our Site is provided “as is” and on an “as available” basis. we may alter, suspend, or discontinue our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms for Customers, we will not be liable to you in any way if our Site (or any part of it) is unavailable at any time and for any period.
- Use of our Site is also subject to our Privacy Policy.
- Our Directory
- Whilst we have sourced only Venues we have identified to be offering experiential leisure opportunities. You acknowledge and agree that we do not pre-screen Venues and we do not verify the accuracy of any information we have sourced from them. We are not, therefore, in any way responsible for the services they may deliver to you.
- We require all Venues to;
- Ensure any Content that they provide is accurate, complete, ethical and truthful;
- Use reasonable efforts to update the Content from time to time on our Website;
- When making an enquiry with an Venue, you expressly agree that:
- You have read the description and all details within the relevant listing carefully and that you understand and agree to any and all specific policies that are stated to apply by the Venue;
- You are ultimately responsible for choosing the Venue. Any arrangement, booking or contract for the provision of their services with any Venue listed on the Website is made directly between you and the Venue.
- Any complaint, grievance or any claim you may have that is in any way connected with a Venue must be addressed and/or brought directly against the Venue and not against us.
- We cannot accept responsibility nor can we guarantee the success or outcomes of any bookings you have made with the Under no circumstances will we be liable for the actions or lack of actions of the Venue.
- We make no representations, warranties or guarantees, whether express or implied, that the Content on our Website is accurate, complete or up to date. Further, we make no claim as to any Venues’ expertise, eligibility, quality of work, price or cost information, insurance coverage or insurance fee assurance, benefit information or other Content. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such Content.
- We do not in any way endorse or recommend any Venues, opinions or other information or Content listed on our Website.
- You remain liable for any fees that are agreed between you and the Venue, and the Venue is liable for any fees/commissions agreed between us and them.
- Complaints
- We always welcome feedback from our customers and, while we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. Please make any complaint to us in writing to hey@socialplaylist.co.uk.
- Usage of our Website
- You may only use our Website in a manner that is lawful and that complies with the provisions of this clause 7. Specifically:
- you must not use our Website in any way, or for any purpose, that is unlawful or fraudulent;
- you must not use our Website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
- you must not use our Website in any way, or for any purpose, that is intended to harm any person or persons in any way.
- When communicating in any way using our Website, such as leaving reviews, you must not post, communicate information or otherwise do anything that:
- is sexually explicit;
- is obscene, deliberately offensive, hateful, or otherwise inflammatory;
- promotes violence;
- promotes, assists in, or constitutes any form of unlawful activity;
- discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
- is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or otherwise likely to deceive;
- is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
- misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
- implies any form of affiliation with us where none exists;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
- is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
- Competition Terms
- This prize promotion is open to UK (England, Wales, Scotland and Northern Ireland) residents, is only open to persons aged 18+ and excludes employees of Social Playlist and their immediate family members, Venues or anyone professionally connected to the promotion.
- Entry is done via our Site and is not available by any other means.
- It is the responsibility of participants to ensure that they provide the correct contact details when entering.
- Winners will be selected at random in a random draw as advertised by us from time to time.
- All winners will be notified within 2 days of that particular draw. Please allow up to 28 days for delivery of the prize.
- We reserve the right to re-award the prize in accordance with the promotional rules set out below.
- Our decision is final and binding and no correspondence will be entered into regarding the selection of winners.
- Winners will be notified via email and a winners list, with details of the winner (name and country), will be made available in writing to hey@socialplaylist.co.uk.
- The prizes are non-exchangeable, not redeemable for cash or other prizes, and cannot be transferred to anyone else.
- If it becomes apparent that a participant(s) is using any means to circumvent the entry rules or any instructions forming part of this promotion, including, but not limited to, fraudulently falsifying data, acting fraudulently or dishonestly in our opinion, using identities other than their own or otherwise acting in violation of these terms and conditions, such participant(s) will be disqualified, and any prize entitlement will be void.
- In enforcing the above clause 6.10, we reserve the right to verify all entries including, but not limited to, asking for address and identity details, which must be provided within 14 days of the request being issued.
- We will be the final arbiter in any decisions, and these will be binding and no correspondence will be entered into in relation to this clause 6.
- It is your responsibility to ensure that you respond to the winner notification, either by responding to instructions in the email notifying you of the prize or by contacting us.
- If the winner does not respond within the initial 7 days, after the end of the 3 month period following the closing date, the prize will be forfeited and we will select another winner at random.
- If the winner rejects their prize or if their entry is invalid, the prize will be forfeited and we will select another winner at random.
- We cannot be held responsible for winners failing to supply accurate information which affects prize acceptance or delivery of their prize
- Our Liability to You
- As stated above, we do not always pre-screen Venues or any services that Venues advertise on our Directory. We will not be responsible for any aspect of a transaction and make no warranties as to the quality, safety, or legality of any Services purchased via our Directory. Any claims pertaining to a transaction must be made directly against the Venue concerned.
- We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms for Customers or as a result of our negligence.
- Subject to sub-Clause 7.2, to the fullest extent permissible by law, we will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
- Nothing in these Terms for Customers seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
- Nothing in these Terms for Customers seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
- Data Protection
- All personal information that we may use will be collected, processed, and held in accordance with the provisions of the Data Protection Act 2018 and the UK GDPR.
- For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Policy.
- Other Important Terms
- We may transfer (assign) our obligations and rights under these Terms for Customers to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms for Customers will not be affected and our obligations under these Terms for Customers will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights under these Terms for Customers without our express written permission.
- If any of the provisions of these Terms for Customers are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms for Customers. The remainder of these Terms for Customers shall be valid and enforceable.
- No failure or delay by us in exercising any of our rights under these Terms for Customers means that we have waived that right, and no waiver by us of a breach of any provision of these Terms for Customers means that we will waive any subsequent breach of the same or any other provision.
- We may revise these Terms for Customers from time to time in response to changes in relevant laws and other regulatory requirements.
- Law and Jurisdiction
- These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
- If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 11.1 above takes away or reduces your rights as a consumer to rely on those provisions.
- If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.