CLUBBABLE LTD (Company number 10266408) (CLUBBABLE) owns and operates the CLUBBABLE website
and mobile application
(Platform). In these Terms, “us”, “we” and “our” refer to CLUBBABLE and references to
“you” and “your” is to you, the user.
The Platform allows users to create profiles (Profiles)
including venues (such as nightclubs) (Clubs) and third party promoters (Promoters)
that provide services relating to certain Clubs (Services) and allows all users (Users)
to provide reviews of other users, including Promoters (Ratings).
We grant you a non-exclusive, limited and revocable licence to use and access the Platform subject to
these terms and conditions (Terms).
By using the Platform:
You accept that we cannot guarantee any access to Clubs and any user may be refused entry for any reason;
You agree to be bound by these Terms - if you do not agree with these Terms you must immediately stop using the Platform;
You agree that we may change, update or otherwise amend the Platform and these Terms at our absolute discretion;
You warrant and represent that you will not directly or indirectly circumvent the Platform and that all Services will be accessed in accordance with these Terms;
Promoters and other users agree not to contact each other directly or book Services outside the Platform (including whatsapp, Facebook or mobile) for a period of 12 months after any booking or Services facilitated by the Platform; and
You accept that damages may not be an adequate remedy to your breach of these Terms and therefore we may bring immediate or injunctive action against you without prior notice.
You must register your contact details to access certain features of the Platform, including to submit Ratings.
We may accept, reject, suspend or remove your registration in our absolute discretion. If you are creating a Profile, you warrant that you have the authority to bind any relevant Promoter or Club (as applicable).
Registration may require provision of personal information (such as full name and email) or access to a third party account or social networking sites (such as Facebook) subject to the account settings and conditions. You consent to the use of this information to create your account and acknowledge that we rely on the information provided by you during the registration process being true, accurate, current and complete. You must notify us of any change to such information by updating your account details.
You are solely responsible for the security of your usernames and passwords which provide access to the Platform and must give prompt notice of any compromise or unauthorised access to these details.
Each user acknowledges that we and other users rely on the personal details, images and other information provided by them during the registration process and any updates to their Profile. Each user warrants and represents that all such information and any other information provided on the Platform is accurate, complete and not misleading and remains so, including that any user can act as principal or agent of any Club and has the relevant authority to perform the Services. Users must notify us of any change to such information via the Platform.
We may verify certain information, including by randomly contacting Users and Promoters, but we cannot guarantee that all Profiles and Ratings will be verified. You accept that all information can be used for any purposes arising from or in connection with the Platform.
CODE OF CONDUCT
You are responsible for all content, images and information published on or sent via the Platform (including Ratings and related communications. You acknowledge that such content will be made publicly available and that we are not responsible for editing or monitoring such content.
You acknowledge that the Platform relies on the independence, legitimacy and authenticity of Ratings and related communications. You warrant that such information is accurate, honest complete, not misleading, and otherwise complies with this Code of Conduct.
We reserve the right to delete any such content and information in our absolute discretion, including anything contrary to the Code of Conduct or otherwise in breach of these Terms.
In connection with any Rating or related communication, each user must:
Not post a review on your own account, misrepresent or impersonate another user;
Not restrict any other user from giving a Rating;
Not provide cash, compensation or other benefits in exchange for the Rating.
You agree that any Rating or related communication on the Platform must:
Treat the Platform and other users with respect;
Not partake in any conduct that could be considered bullying, harassment, degradation, insulting, racist or otherwise threatening;
Not discriminate based on sexuality, religion, race, political affiliation or other protected feature;
Not contain any private, personal or other information that should not be made public;
Not infringe any third party’s intellectual property rights including copyright or trademark rights;
Not contain obscene, lewd or suggestive content and/or pornography
Not be defamatory, improper, indecent, offensive, libellous;
Not upload or insert of any code into or onto our Platform;
Not contain any computer hardware or software viruses, trojan horses, worms, spyware or any other computer programming that may interfere with or adversely affect the operation or security of our Platform;
Not manipulate the Platform or any Ratings, including by seeking multiple Ratings from the same User;
Not be used for commercial or public purposes outside the purposes of the Platform, nor to advertise the services of others.
TABLE PRICES AND DEPOSITS
Listed table prices are preliminary and may differ depending on event and demand. Final price is agreed in chat. If a higher prices is quoted you have full right to cancel and get deposit returned.
Any prices in menus we provide may have changed and not be up to date so the price the venue says overules what we may have listed.
Some clubs may ask for an part or all of the table price pre-paid which you are then obliged to pay to secure booking and get back your deposit.
If you do not turn up or too late(according to the club), you lose your deposit.
Deposit minus the booking fee prompted at the time of booking($25 at the time of writing) is returned when you upload a photo of the receipt in the survey in app which is available the day after the event.
Paying a table deposit alone does not guarantee your booking as there may be more steps such as prepayment to complete.
Unclaimed deposit expires after 2 months and then is kept by Clubbable and will no longer be refunded.
RATINGS & REVIEWS
Users must have been the direct beneficiaries of Services (or the relevant Promoter) and we may require evidence of that relationship. Users may submit only one Rating for each transaction for the relevant Services.
We do not control the Ratings and communications, and we are not responsible for the accuracy, reliability, completeness, veracity or suitability of any Ratings.
We may take steps to verify any Ratings but shall verify only selected Ratings (including at random) and shall have no obligation to monitor Ratings and related communications.
We reserve the right to investigate and verify a Rating and related communications, including following a dispute notice from the Promoter or User.
We reserve the right to remove a Rating (or not) in our discretion but will only remove a Rating where we consider that the Rating does not comply with the Code of Conduct, any requirements of these Terms, or otherwise the spirit of the Platform.
We may suspend the registration of any user the subject of any investigation and terminate the registration in the event that we determine there has been a breach of these Terms.
PROMOTERS & SERVICES
We do not guarantee any business, bookings or payments for Services arising from use of the Platform.
You acknowledge that we do not provide any of the Services and that the Platform merely lists Clubs, Promoters and Services. We do not endorse any Promoter or Club nor do we guarantee the quality of any Services. You must cooperate with us and comply with all reasonable requirementss relating to the Services.
We do not accept any responsibility or legal liability whatsoever for any act or omission of the Promoter, Users, Clubs or other users arising from or in connection with the Services. The Promoter acts as an independent contractor and is not an employee of any customer or us.
We are not a party to any transaction entered into by any user with a Promoter or Club. Whilst we may assist with the resolution of any complaint or dispute relating to the Services, you acknowledge that any legal recourse arising from or in connection with the Services, whether for breach of contract or otherwise, is against the Promoter (as applicable) and not against us, notwithstanding anything to the contrary in these Terms or on the Platform.
We aim to provide a fun and social service via the Platform and enable access to the Clubs and Services. When you cerate a list, book a table or access any other Services, you:
(i) accept that your activities may be communicated or reflected by activity on the Platform,
(ii) agree to communicate on any matters relevant to us or the Services, via the Platform,
(iii) agree to pay all applicable fees and charges for use of the Platform and access to any Clubs and Services,
(iv) shall comply with all rules, guidelines, procedures and reasonable instructions of any Club or Promoter.
For the safety and privacy of each user, as a condition of using the Platform and accessing any Services, you agree and warrant that you will: Immediately cease communication with any user that asks you to stop communication for any reason; Not drink excessively; Not consume or offer drugs to any person; Not make uninvited physical contact with any person; Not make unwelcome advances, insinuations or actions of a sexual nature towards any person; Not harass or make any untoward comment about any person in any photos on social media; or Invite or attempt to invite any person under the age of 18 to access the Platform, Clubs or Services.
The safety of our community is paramount, so it is important that you report any of the following immediately (and also to local law enforcement if appropriate): Criminal or illegal activity; Endangerment or recklessness; Abusiveness or violence; any other breach of these Terms.
If you need to cancel any Services, we ask that you provide as much notice as possible so as to cause as little inconvenience as possible to other users. We reserve the right to cancel access to any user that fails to attend two or or more bookings for Services without adequate notice.
CONDITIONS OF USE
It is a condition of use of the Platform that:
You are over the age of 18;
You have authority to use the payment method (if any) submitted via the Platform;
You register on the Platform to perform any Services;
You only use the Platform for lawful purposes;
You are not breaking any local, state, national or international law in your relevant jurisdiction by accessing this Platform;
You must provide us with accurate personal and contact information;
You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Platform;
You do not breach any of these Terms.
You agree and warrant that you will not solicit a user of the Platform to join another competing Platform.
FEEDBACK & NOTICES
You can contact us by email (firstname.lastname@example.org) and direct notices, enquiries, complaints and other communications via the Platform. We will notify you of changes to these Terms by publishing new details on the Platform. We may send you notices and other correspondence to the email address that you submit to the Platform, or notify you via the Platform. It is your responsibility to update your contact details or review the updated Terms.
Any consent, notice or communication under this agreement is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law.
We would appreciate your feedback on the Platform. Please notify us of all bugs, glitches, lack of functionality or other problems on the Platform and share any ideas for enhancements that come to your attention. You agree that that all feedback, information or testimonials that you provide may be used in any development for the Platform and marketing materials for the promotion of the Platform.
We encourage you to publicly talk and write about the Platform. When doing so, please take into account that the Platform is being updated regularly and everything is subject to change. We kindly ask you to restrain from publishing full reviews, public tests, screenshots or anything else that might unfaithfully represent the Platform. Of course, we would prefer if you provide any constructive criticism to us directly.
You have been granted access to the Platform with a login account that was provided to you and undertake not to authorise or grant access to the Platform to any third party, without our express written.
FEES & PAYMENT
Fees and charges (if any) for using the Platform are specified on the Platform exclusive of VAT and subject to change at any time.
Promoters may be charged fees for registering on the Platform or completing relevant Services, payable either monthly or annually in advance. Subject to any rights at law, all fees and charges are non-refundable.
Payments must be made in advance using the nominated payment service provider, credit card or any other payment method specified by us. Surcharges may apply for certain payment methods. You warrant that there are sufficient funds on the relevant payment services account or credit card to pay for all service fees and other charges. You agree to monitor all repeating fees and charges, either monthly or annually (as applicable).
If any amount due remains unpaid, we may charge additional administration costs and interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
You agree to pay any duties or taxes with respect to the Services.
ACCESS & AVAILABILITY
You acknowledge that we are not required to keep the Platform available for your use. We make no guarantees, implied or express, as to the ongoing availability and accept no responsibility for any unavailability of this Platform, or any offer of Services found on the Platform, and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Platform.
We reserve the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Platform.
We take the security of the Platform and the privacy of its users very seriously. You must not do anything to prejudice the security or privacy of any systems or the information on the Platform. We endeavour to ensure that the transmission of data occurs according to accepted industry standards but it remains your reponsibility to ensure that any transmission standards meet your operating and legal requirements.
All content on the Platform (including any source code, product specifications, usage data, ideas, enhancements, feature requests, suggestions or other information provided any user) is our copyright and property and can be used for any purpose relating to the Platform or our business. Without our express written permission, you shall not copy the Platform for your own commercial purposes, including:
Replicate or use the details and profiles of any Promoter;
Replicate all or part of the Platform in anyway; or
Incorporate all or part of the Platform in any other webpage, website, platform, application or other digital or non-digital format.
We, the Clubs and Promoters have moral and registered rights in our respective trademarks and you shall not copy, alter, use or otherwise deal in the marks without prior written consent.
THIRD PARTY WEBSITES & ADVERTISING
The Platform may from time-to-time contain information and advertising from third-party businesses, people & websites (Third Parties). You consent to receiving this information as part of your use of the Platform.
We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.
LIMITATION OF LIABILITY & INDEMNITY
You agree that you use the Platform at your own risk.
You acknowledge that we are not responsible for the conduct or activities of any Club, Promoter or other user and that we are not liable for such under any circumstances.
You are solely responsible for the security of any username and password provided by us to access the Platform. You are solely responsible for the use of your account, irrespective of who is utilising it, whether with or without your permission. You must notify us immediately of any misuse or unauthorised use of your account.
You acknowledge that in using the Platform and in relation to the supply of any Services you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) from us that is not set out in these Terms.
You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Platform, including any breach by you of these Terms.
In no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Platform or any content, or in any way relating to the Services (or the provision or non-provision of Service), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise
Certain rights and remedies may be available under the Sale of Goods Act 1979 or the Consumer Protection Act 1987 or similar legislation in other jurisdictions and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to the re-performance of Services or payment of the cost of re-supply of Services.
We may end the agreement formed by the Terms immediately by giving you written notice. It is not essential to provide reasons for the termination. Where these Terms have been terminated you must immediately cease using the Platform or Services.
Promoters may terminate their use of the Platform at any time prior to the end of the relevant payment cycle.
Your use of the Platform may be cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Platform should you receive a notice cancelling your licence to use the Platform.
We may assign or otherwise create any interest in their rights under these Terms by giving you written notice.
We may amend these Terms at any time, in our absolute discretion, effective upon giving you notice.
Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.
These Terms form part of an ecommerce transaction and the parties agree that these Terms shall be accepted electronically and the agreement to these Terms is formed & validly entered into electronically.
The termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.
These Terms are governed by the laws of England & Wales and you submit to the non-exclusive jurisdiction of the courts in England.