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ENTERTAINING LONDON LTD TERMS AND CONDITIONS
ATTENTION: THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THE WEBSITE UNDER THE DOMAIN NAME WWW.ENTERTAININGLONDON.COM AND ALL OTHER DOMAIN NAMES POINTING TO WWW.ENTERTAININGLONDON.COM ("WEBSITE") AND TO ANY CORRESPONDENCE BETWEEN US ("THE COMPANY" , "WE") AND YOU ("USER", "MEMBER"). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. EACH TIME YOU ACCESS AND USE THIS WEBSITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS AND THE COMPANY'S PRIVACY POLICY. ACCESSING AND USING THIS WEBSITE INCLUDES ACCESSING AND USING ANY SERVICES AND AMENITIES (E.G. ORGANISED EVENTS, NEWSLETTERS ETC.) AS OFFERED TO MEMBERS BY THE COMPANY. IF YOU DO NOT ACCEPT THESE TERMS AND THE COMPANY'S PRIVACY POLICY, DO NOT USE THIS WEBSITE. PLEASE NOTE THAT ENTERTAINING LONDON IS A TRADING NAME OF ENTERTAINING LONDON LIMITED.
1. INTRODUCTION
1.1 You will be able to access areas of this Website without registering your details with us. Certain areas of this Website are only open to
you if you become a member.
1.2 For the avoidance of doubt, these Terms and the Privacy Policy referred to herein are applicable to members and non-members. Further, the
Privacy Policy forms part of these Terms.
1.3 By accessing and/or using any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept
this legal notice in full, you must leave this Website immediately.
1.4 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review
the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated
legal notices or terms located on particular pages at this Website.
1.5 By accessing and using this Website, you hereby represent and warrant that you are over the age of 18.
1.6 By accessing and using this Website, you hereby represent and warrant that you have not been convicted of any offence relating to violence
and/or any offence under the Protection from Harassment Act 1997 or similar Acts (or under any statutory act replacing or amending such Act or
similar Acts.
1.7 By accessing and using this Website, you hereby represent and warrant that you have not been the subject of any injunction or any order to
pay damages under the Protection from Harassment Act 1997 or similar Acts (or under any statutory act replacing or amending such Act or similar
Acts).
1.8. By applying to become a member, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by
the Company's registration form and (b) maintain and promptly update the registration form through using the "Edit my Details" facility
to keep it true, accurate, current and complete. 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, or that you are registering
as an alias on behalf of another person, then the Company has the right to suspend or terminate your account without refund and refuse any and
all current or future use of the Website.
1.9 If you are not able to or willing to give the warranties and representations set out in paragraphs 1.5 – 1.8 above, then you must leave
this Website immediately. Further, you must not apply to become a member.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 You are permitted to print and download extracts from this Website on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text;
(c) the Company’s and/or any licensor’s copyright notice appear in all copies and;
(d) such printing and downloading is for your own personal use only and not for any commercial use, application, distribution or copying.
2.2 Unless otherwise stated, the copyright, functionality and other intellectual property rights in all material on this Website (including without
limitation photographs, graphical images, text, layout, design, site mapping and the selection and arrangement thereof) are owned by the Company,
its licensors or its members and you may not copy, pass-off, modify, publish, transmit, distribute, display, reverse-engineer, sub-licence, sell
or in any other way deal with any such copyright, functionality or intellectual property.
2.3 The Company does not claim ownership of any material or information posted or transmitted by members to this Website. To enable the Company
to use such material, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free licence to exercise the copyright, publicity
and database rights that you have in such information including all data, images, sounds, text and other things embodied therein for any and
all commercial or non-commercial purposes. Such exercise may include, but is not limited to, copying, distributing and publicising such material
as the Company sees fit in the normal course of its business.
2.4 For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose
is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must
immediately destroy any downloaded or printed extracts from this Website.
2.5 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic
retrieval system or service without the Company’s express prior written permission.
2.6 Any rights not expressly granted in these terms are reserved.
3. SERVICE ACCESS
3.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company will not be liable if for any
reason this Website is unavailable at any time or for any period.
3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons
beyond the Company’s control.
3.3 Without limiting our other remedies, we may immediately issue a warning, suspend or terminate your membership, use or access to this Website
and refuse to provide our services to you without notice to you: (a) if you breach any of these terms and conditions or any documents incorporated
by reference or; (b) if we are unable to verify or authenticate any information that you provide to us during the course of any applicable registration
or; (c) if we believe that your actions may cause legal liability for you, our users (members or otherwise) or us.
4. MEMBER MATERIAL AND CONDUCT
4.1 Please use caution and common sense when accessing or using this Website and/or the services and events made available to its members. Your
use of this Website and/or the services and events made available to you is entirely at your own risk.
4.1a) All Members participate in all Company Events / Activities entirely at their own risk. The Company shall have no liability / responsibility
whatsoever for any incidents, injuries, accidents or deaths arising from any Company or member organised events or from events organised for
Members by any third party suppliers. Members give their contact details to other members and ex-members entirely at their own risk.
4.2 Subscription to this Website and its services and events is solely at the discretion of the Company who reserve the right to refuse or cancel any subscriptions at any time. Further, the Company also reserves the right, in its sole discretion, to ask for identification and Company membership cards with respect to attendance at any Company and/or any Members organised event as advertised on this Website and to refuse admission without further notice
to you.
4.2a) Guest Policy. Members may not invite or bring guests to Company and/or Member organised events if the same guest has been to more than two Company and/or Member organised events previously without becoming a Member.All guests must be pre-booked with the Company by the Member who invites them by emailing their full names and details of event(s) they wish to attend at least 24 hours in advance to info@entertaininglondon.com
4.3 All profiles (general or otherwise) may take up to 24 hours to load onto the Website. Additionally, all profiles (general or otherwise) are
loaded at the sole discretion of the Company and will be rejected if they contain personal information, commercial promotion or are in breach
of any of these Terms. In particular, your attention is drawn to paragraph 4.9 of these Terms.
4.4 Members are reminded that they are solely responsible for the content of anything that they publish or display on this Website or transmit
to other members.
4.5 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website
will be considered non-confidential and non-proprietary and the Company will have no obligations with respect to such material.
4.6 For the avoidance of doubt, “transmit” and “post” as used within these Terms shall include and relate to, but not
be limited to any events organised by members.
4.7 This Website is only a venue. This means that we allow members the opportunity to provide information about themselves in a variety of formats
(e.g. including but not limited to attendance at Company and/or member organised events. We may not regularly review the information provided
by members and we are not involved in any transactions between users (members or otherwise) of this Website. Therefore, we have no control over
the quality, safety or legality of information publicised and/or provided or the truth or accuracy of that information. Users and members accept
sole responsibility for such information.
4.8 For the purposes anticipated by paragraphs 4.1, 4.3, 4.6 and 4.7 above, the Company grants you a personal, non-transferable, non-exclusive
right and licence to use the functionality built into this Website provided that you do not (and do not allow any third party to) copy, pass-off,
modify, reverse engineer, transfer, assign, sub-licence or otherwise attempt to deal with or discover any applicable source code.
4.9 You are prohibited from posting or transmitting to or from this Website any information or material:
(a) that is threatening, harassing, patently offensive, defamatory, seditious, pornographic or abusive or violent in relation to anyone in any
way, liable to incite racial hatred, discriminatory, in breach of confidence, in breach of copyright or in breach of privacy;
(b) that is false, inaccurate or misleading;
(c) that contains personally identifiable information, including, but not limited to, email addresses, postal and/or street addresses and mobile
or telephone numbers (the only exception to this sub-clause relates to paragraphs 6 and 7 of the Privacy Policy where such exchange via attendance
at any Company and/or member organised event is entirely at your own risk);
(d) that involves the transmission of advertisements, junk mail, chain letters, mass mailing or spamming;
(e) that engages in commercial activities or constitutes the solicitation of commercial services including asking for members personal details
including emails for the purposes of any future commercial solicitation of any kind;
(f) that would create a liability for the Company or cause the Company to lose (in whole or part) the services of our internet service provider
or other suppliers;
(g) for which you have not obtained all necessary licences and/or approvals;
(h) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary
to the law of or infringe the rights of any third party, in the UK or any other country in the world;
(i) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted
data or other malicious software or harmful data);
(j) further, with respect to your attendance at any Company or member organised events, you must not engage in commercial solicitation of any
kind nor may you collect personal information for the purposes of any future commercial solicitation of any kind;
(k) further, with respect to your attendance at any Company or member organised events, if requested by another member, you must cease and desist
all contact with that member – harassment of any kind (commercial or otherwise) will not be tolerated by the Company;
(l) further, with respect to your attendance at any Company or member organised event, you will be solely responsible for any cancellation fees
incurred due to your non-attendance without due notice and for any fees incurred due to your lack of non-payment, howsoever caused – the
Company reserves the right, without notice, to collect any such payments due as noted herein.
(m) further, with respect to your attendance at any Company or member organised events, you must treat all other Members and guest attendees with courtesy and respect at all times. The Company reserves the right to cancel any
members subscription without refund at any time if in receipt of two or more complaints from other members about any form of anti-social behaviour at
Company and/or Member organised events including but not limited to over-familiar or ill-mannered behaviour with other Members and their guests.
(n) further, at no time before, during or after your membership of Entertaining London will you promote any other commercial or non commercial organisation, club, business, venture, or off-programme events to any current, future or lapsed members by any means of method without the express permission of Entertaining London Ltd.
(o) further, under no circumstances may you Host, organise or submit any event to Entertaining London Ltd if the same event is also included in the events schedule/programme of any other organisation or club, whether commercial or non commercial.
4.10 Members who take advantage of organising members events are reminded not to publicly post any personal information such as emails or physical
contact details, the only exception being an optional mobile phone number field for Hosts on the "Events" pages.
4.11 You may not misuse the Website including, without limitation, by hacking. Further, you will not use or induce the use of any robot, spider,
other automatic device or manual process to monitor or copy our Website or content contained therein without our prior express written permission.
4.12 The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the
identity or locate anyone posting any material in breach of paragraphs 4.9 or 4.11. Further the Company will fully co-operate with any law enforcement
authorities or court order requesting or directing the Company to disclose the identity or locate anyone in breach of paragraphs 4.9 (j) –(l)
or paragraphs 1.6 and 1.7 of these Terms.
4.13 You understand and agree that the Company may review and delete any content, including members organised events that, in the sole judgement
of the Company, breach these Terms or which might harm or threaten the safety of members.
4.14 Additionally, the Company reserves the right, in its sole discretion, to remove any material posted which is in breach of paragraph 4.9
or which, in the Company’s sole discretion, is considered inappropriate.
4.15 We do not control the information provided by members which is made available through this Website and therefore accept no liability whatsoever
with respect to any such information provided. This means that you may find some or all of this information to be vulgar, offensive, indecent,
obscene, harmful, inaccurate, deceptive or untrue.
4.16 Should you wish to complain about any material on this Website or any services offered or events organised by the Company, please send an email to info@entertaininglondon.com
4.17 Please note that the Company is not responsible nor liable for any services or events which are organised or provided by members Any complaints with respect to these services or events must be dealt with directly via the member and the Company accepts no liability whatsoever with respect to this subject matter. In addition, the Company is not liable with respect to any services or events provided by any third party suppliers including but not limited to outdoor pursuits, sailing, skiing and holiday suppliers.
4.18 Please note that Entertaining London Ltd will not be held liable nor issue any membership or event
refunds if you are unable to find the Entertaining London event group at any Entertaining London events for any reason including but not
limited to inability to contact the Event Host member by mobile phone, any change, lack or loss of reserved areas, inability of venue staff to direct you to the correct area or group. However, Members are invited to email info@entertaininglondon.com within
twenty four hours if unable to find the group at any event and the Company will commission an event report from the Host and/or Venue where appropriate as well as provide extra email support if required.
5. LINKS TO AND FROM OTHER WEBSITES
5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The
Company has not reviewed all of these third party websites and does not control and is not responsible for these websites, their terms and
condition, their privacy policy or their content.
5.2 The Company therefore does not endorse or make any representations about them (save for the representations contained herein and within the
Privacy Policy with respect to WorldPay, made in good faith), or any material found there, or any results that may be obtained from using them.
If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and the Company shall bear
no liability whatsoever in relation to such access.
5.3 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this
Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Company logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that the Company is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
(e) you do not otherwise use any Company trade marks displayed on this Website without express written permission from the Company;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other
rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.4 The Company expressly reserves the right to revoke the right granted in paragraph 5.3 for breach of these terms and to take any action it
deems appropriate.
5.5 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph
5.3.
6. REGISTRATION AS A MEMBER
6.1 Each registration, where applicable, is for a single member only. The Company does not permit you to share your user name, nickname or password
with any other person nor with multiple users on a network. It is your responsibility to keep your user name and password safe.
6.2 By registering as a member, the representations and warranties noted in paragraphs 1.5 – 1.9 in this legal notice shall be deemed to
be repeated by you.
6.3 Responsibility for the security of any passwords issued rests with you. Therefore, you are responsible for all actions taken with any user
name and password, including fees. We therefore recommend that you do not disclose your user name or password to any third parties.
6.4 Following registration, you can review and change some of the information you submitted during registration. User names cannot be changed
during the duration of your membership. If you wish to change your user name then you must wait until your current membership period has expired
and then re-register with a new user name.
6.5 The Company reserves the right, in its sole discretion, to change it’s fee structure at any time. In all circumstances, you will be
given at least 21 days’ notice of any proposed change to the Company’s fee structure.
6.6 Members understand and agree that the Company may send certain communications such as service announcements and administrative notices and
that you will not be able to opt out of receiving them.
6.7 The Company reserves the right at any time, in it’s sole discretion, to modify or discontinue, temporarily or permanently, your use
(and/or members, where applicable) of this Website and its services with or without notice. You agree that the Company shall not be liable to
you or to any third party for any modification, suspension or discontinuance as noted herein.
6.8 Further, your membership (including, but not limited to, access to this Website and its services and any events organised by the Company
or its members) may be terminated at any time, without notice, should you be in breach of any of the Terms of this legal notice or the Privacy
Policy. Should termination occur due to your breach as outlined in this paragraph, you will not be entitled to any refund whatsoever of any membership
fees paid.
6.9 Upon your request, we will deactivate your account and contact information from our active databases. To make this request, email info@entertaininglondon.com and such information will be deactivated as soon as reasonably possible in accordance with our deactivation policy and applicable law.
6.10 For the avoidance of doubt, these Terms shall remain effective regardless of termination of membership, howsoever caused.
6.11 As noted at paragraph 9 of the Privacy Policy, the Company uses WorldPay for the processing of all financial transactions on this Website.
This means that authorisation for payments rests solely with WorldPay and the Company bears no liability whatsoever with respect to the processing
of payments.
6.12 Further, the Company shall bear no liability with respect to any non-access to the WorldPay website nor bear any liability for any unauthorised,
erroneous or denied payments.
6.13 Refunds (Company organised events). For the avoidance of doubt, any payments and/or deposits made with respect to any Company organised
event are non-refundable.
6.14 Refund Policy ( Membership Fees). Entertaining London members joining
for the first time are entitled to a refund (minus a £10 administration fee)
of their Entertaining London membership only provided that their claim for a
refund is made within 7 days including and from the date from which their
payment for membership was made online or offline and that none of the
Entertaining London messaging services or event booking facilities have been
used within the seven days. Refunds will be credited only upon return
receipt of their Entertaining London Membership card and current Events
Programme returned by post to Entertaining London Ltd. Rejoining Members who
have been Members of Entertaining London before at any time are not entitled
to a membership refund under any circumstances. In addition, standing order
memberships are not refundable under any circumstances, it is the Members
responsibility to cancel their Entertaining London standing order with
their Bank.
7. DISCLAIMER
7.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness
of the material on this Website. The Company (or, where applicable, subscribers) may make changes to the material on this Website, or to the
information described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment
to update such material.
7.2 The material at this Website is provided ‘as is’ without any conditions, warranties or other terms of any kind. Accordingly,
to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations,
warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose
and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
8. LIABILITY
8.1 The Company, and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them,
exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without
limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of
money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence),
contract or otherwise in connection with this Website (including any services or events as provided or organised by the Company) in any way or
in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such
websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property
on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to
this Website.
8.2 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume
all costs thereof.
8.3 In the event that you have any right, claim or action against any other user (member or otherwise) or third party arising from either your
or that user’s or third party’s use of our Website, you hereby agree to pursue such right, claim or action independently and without
recourse to the Company and you hereby release the Company from all claims, liabilities, damages, losses, costs and expenses (including legal
fees) arising from or in any way connected with such right, claim or action.
8.4 You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees harmless
from any claim or demand, including any legal fees, made by any user (registered or otherwise) or third party due to or arising out of your breach
of these Terms (including any documents incorporated by reference), your violation of any law or the rights of a third party or any breach of
your representations and warranties as contained herein.
9. PRIVACY
9.1 Use of this Website is governed by our Privacy Policy which forms part of these Terms.
10. GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall
be subject to the exclusive jurisdiction of the English courts.
11. NOTICES
All correspondences to the Company must be sent by email to the Company at info@entertaininglondon.com Correspondence to members will be sent to the email address that you provide to the Company when registering. Receipt is deemed 24 hours
after an email is sent.
12. THIRD PARTY RIGHTS
A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any
of these terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
13. GENERAL
If any provision of this legal notice is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions
shall be enforced. You agree that this legal notice (and all documents incorporated by reference) may be automatically assigned by the Company
in our sole discretion to a third party in the event of a merger or acquisition. You and the Company are independent contractors and no agency,
partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this legal notice. Our failure
with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This legal notice
(including the Privacy Policy) sets forth the entire understanding and agreement between us with respect to its subject matter.
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