Terms & Conditions
THESE TERMS AND CONDITIONS ("Terms") govern your use of Beourguests.co.uk
Please read these Terms and ensure that you have understood them. If you do not agree to these Terms,
please cease use of the Website immediately.
Definitions
Be Our Guests will be referred to as the "SERVICE", "WE" or "US" or the "Website"
"Website" means the website www.beourguests.co.uk
Employees will be referred to as the "TEAM".
"User" , "You" or "Guests", "Promoter" means any person or entity who registers their details with the Website and thereby agrees to comply with these Terms.
"Promoter" is a person, persons, agent business or any other entity that organises or co ordinates commercial events or production; for clarity, this term is intended to include sub promoters or any other agents that work with
"Content" means
any content, messages, photos or Profiles submitted by Users through their Use
of the Website.
"Period"
means a 30 day period commencing on the date of payment of a Fee.
"Profile"
means the information held by BE OUR GUESTS about a User, such information
having been submitted by either (i) the User to whom the information relates,
or (ii) another User, permission having been obtained by BE OUR GUESTS from the
User to whom the information relates prior to such User's information being
made available to other Users.
"Subscriber"
means a User who has either (i) paid the relevant Fee, or (ii) on whose behalf
another User has paid the relevant Fee.
"Fee"
means an admin fee set out in the price list located at Be Our Guests, payment of
which shall entitle a User to be a Subscriber for one Period for no charge.
"Terms"
means the terms and conditions set out herein.
"Use"
means registering and updating Profiles, looking at the Profiles of other
Users, contacting other Users and making payment of the Fee to BE OUR GUESTS.
BE OUR GUESTS
1. Beourguests.co.uk is owned and managed by Lollypopp Limited with registered company number 05051756 ("BE OUR GUESTS"). All information supplied on the Website is managed by BE OUR GUESTS.
2. BE OUR GUESTS can be contacted at Lollypopp Ltd 53 Howland Way, London SE16 6HW or via email on info [at] be our guests.co.uk
Registration and Subscription
3. You must be eighteen (18) years old or over to Use the Website.
4. By Using the Website you warrant that you have the right, authority and capacity to enter into and be bound by these Terms.
5. The Website is provided for the personal Use of individual members only and you may not Use the Website in connection with any commercial venture unless you are registered as a Promoter
6. If you are an organisation, a company and/or a business you may register with the Website only for use as a Promoter.
7. You may register with the Website for free however you will only be able to access certain functions of the Website, including communication with other Users, if you are a Subscriber. For the avoidance of doubt, you are responsible for providing and paying for the means of accessing the Website.
8. On payment of the relevant Fee, Subscribers hereby agree and consent to the immediate commencement of the performance of the services by BE OUR GUESTS such that, on payment of the relevant Fee, Subscribers can immediately access certain functions of the Website, including communication with other Users.
Use of the Website
9. You shall only Use the Website for the purpose of facilitating online introductions, making guestlist booking, booking a flight and or accommodation or promoting an event.
10.You shall comply with all U.K., U.S., foreign and local laws and regulations which apply to your Use of the Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
11.In the event that BE OUR GUESTS, in it's sole discretion, considers that you are making any illegal and/or unauthorised Use of the Website including, without limitation, collecting usernames and/or email addresses of Users by electronic or other means for the purposes of sending unsolicited email, or unauthorised framing of or linking to the Website, BE OUR GUESTS reserves the right to take any action that it deems necessary, including terminating without notice your Use of the Website in accordance with clauses 36 and 37 and, in the case of illegal Use, instigating legal proceedings.
12.You are solely responsible for any Content that you publish or display on the Website or that you transmit to other Users.
13.You must not provide any false information in respect of your name, age, marital status or location to BE OUR GUESTS. In the event that BE OUR GUESTS has reason to suspect that you have provided such false information, BE OUR GUESTS reserves the right to terminate your Use of the Website.
14.You should not assume that the Information contained in any profile is necessarily correct and accurate. We do not have an opportunity to check that the profiles are correct and not misleading. We do not make any representation or warranty that the Information contained in any profile is accurate and We are not under any obligation to verify any Information contained in any profile. Before acting on any Information contained in any profile or on any Information received by You through Your use of the Service, You should at Your own expense, carry out such investigation as You think is necessary to satisfy Yourself of the truth and accuracy of such Information. A person may not be who he or she claims to be. If You arrange any meetings with any person through Your use of the Service then You do so at Your own risk. You should take reasonable precautions to ensure Your safety.
15.You must not include in your Profile, nor transmit to another User without first becoming a Subscriber, any personal contact information, including but not limited to telephone numbers, street addresses, last names, URLs or email addresses.
16.In the event that BE OUR GUESTS, in it's sole discretion, considers that any Content violates these Terms or is offensive or illegal or has the potential to violate the rights of, harm or threaten the safety of other Users, BE OUR GUESTS reserves the right to take any action that it deems necessary, including, but not limited to, deleting such Content, restricting the number of emails that you can send to other Users or terminating your Use of the Website in accordance with clauses 31 and 32. Some examples of the types of Content that BE OUR GUESTS considers to violate these Terms are any Content that: a) expresses or implies that any statements made by you are endorsed by BE OUR GUESTS; b) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; c) harasses or advocates harassment of another person; d) displays pornographic or sexually explicit material of any kind; e) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from any person under the age of 18; f) promotes any conduct that is abusive, threatening, obscene, defamatory or libellous; g) promotes any illegal activities; h) promotes illegal or unauthorized copying of another person's copyright work, including but not limited to providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy protect devices, or providing pirated music or links to pirated music files; i) provides instructional information about illegal activities, including but not limited to making or buying illegal weapons, violating someone else's privacy or providing or creating computer viruses; j) contains restricted or password only access pages, or hidden pages or images (those not linked to from another accessible page); k) solicits passwords or personally identifying information from other Users for commercial or unlawful purposes; l) involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or "spamming"; m) promotes information that you know to be false or misleading; n) engages in commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of BE OUR GUESTS.
17.By publishing or displaying any Content on any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to BE OUR GUESTS an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorise sublicenses of such Content. In respect of any such dealings by BE OUR GUESTS and its sub-licensees, you hereby unconditionally and irrevocably waive any moral rights which you may have in the Content under Part 1, Chapter IV of the Copyright Designs and Patents Act 1988 and any similar or corresponding foreign rights.
18.You are solely responsible for your interactions with other Users. BE OUR GUESTS reserves the right, but has no obligation, to monitor any dispute between you and another User.
19.In the event that BE OUR GUESTS denies you access to the Website on a permanent or temporary basis for any reason, you shall be notified in writing and must then not attempt to use the Website under any other name or through any other User.
20.BE OUR GUESTS will operate the Website with the reasonable skill and care of an online service provider.
21.BE OUR GUESTS will use reasonable endeavours to maintain the operation of the Website, however it may be necessary to temporarily suspend the Website for operational reasons, including but not limited to repairs, planed maintenance or upgrades. BE OUR GUESTS will use reasonable endeavours to restore the Website as soon as possible after any suspension. BE OUR GUESTS shall not be liable to you for any such suspension.
22.BE OUR GUESTS reserves the right to make changes to the Website from time to time, provided that such changes have no material adverse effect on the quality of the service provided to Users.
23.Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Service unless confirmed by Us in writing.
Nightclub Guestlist Use
24.Guests are required to inform door staff on arriving at venues, bars or nightclubs that they are on the BE OUR GUESTS guest list.
25.We cannot guarantee entry to nightclubs. Rights of admission are reserved for the Venue/Promoter.
26.We recommend that any attendance in groups should contain both male and females to ensure entry; in general bars and nightclubs tend to be suspicious of groups of single men.
27.We accept names added to guest lists up until the time shown on the website on the night of the visit to the Venue, this may alter with someVenues and night clubs
28.A maximum of 2 nightclub guest lists may be used on a single night. If you add names to more than 2 guest lists the first 2 will only apply
29.Nightclub Guest lists maybe cancelled and new lists applied for; this must be done before 6pm on the event night.
30.We reserve the right to revoke a request at any point where the Terms and Conditions have not been adhered or we have reasonable grounds to suspect that the Terms and Conditions have not been adhered to.
31.Use of the "SERVICE" will require "GUESTS" to register. In return for use of the "SERVICE", "GUESTS" agree to: provide true, accurate, current and complete information about yourself when necessary or as prompted by the "SERVICE" or "TEAM".
32."WE" reserve the right to suspend or terminate your account and refuse any and all current or future use of the "SERVICE" if you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, out of date or incomplete.
Nightclub Promoters Use
33.Use of the website as a promoter is limited to creating content for display on the website and the retrieval of guestlists for authorised events only
34.Contact with other Users is forbidden and strictly prohibited by Be Our Guests, any attempt to do so will be
35. In the event that a production or an event organised by the Promoter should be cancelled, moved or postponed, the Promoter is obliged to notify Be Our Guests as soon as possible and is responsible for updating the content on the website to reflect
THIRD PARTY WEBSITES
36.We may link to third party websites. We do not endorse or recommend such websites and You must satisfy yourself that any goods or services referred to thereon are suitable for Your requirements
37.By using third party website you agree to you release BE OUR GUESTS from all claims, liability and damages arising from or in any way connected to such use
PRICE AND PAYMENT
38.The price of the Service and any variations shall be as shown on Our Help & Information page on the Website from time to time
39.Our prices are inclusive of any applicable VAT and any details given in relation to exchange rates are approximate only and may vary from time to time
40.You shall pay all sums due to Us under this Agreement by the means of the payment specified in Our Website (including, where applicable the subscription Auto-Renew which is explained on the help & Information 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.
41.Payment shall not be deemed to be made until We have received either cash or cleared funds in respect of the full amount outstanding.
42.Unless otherwise stated in this Agreement, all monies paid by You to Us are non-refundable.
43 .You will not be able to contact other Members or read and reply to other Members' messages until We have received payment.
44. Card Payments. You can pay using one of the following credit/debit cards: Visa, MasterCard, Switch, Delta, BarclaysConnect, Electron and Maestro. All prices are quoted in Pounds Sterling and payment cannot be accepted in any other currency. All information is held by Netbanx who will be responsible for debiting the correct amount from your card. Once your transaction is completed, BE OUR GUESTS does not keep a record of your credit card number. The only record BE OUR GUESTS keeps is the authorisation number received from Netbanx. This is to ensure against the use of stolen cards.
45. Recurring Billing. Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation and authorise Be Our Guests to levy such charges. BE OUR GUESTS may submit periodic charges (e.g., monthly) without further authorisation from you, until you provide prior notice (confirmed in writing upon request by BE OUR GUESTS) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before BE OUR GUESTS reasonably could act. To terminate your authorisation or change your payment method, go to the Website
46. Current Information Required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify BE OUR GUESTS if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorised disclosure or use of your user name or password. Changes to such information can be made on the Website. If you fail to provide BE OUR GUESTS any of the foregoing information, you agree that BE OUR GUESTS may continue charging you for any use of the service under your billing account unless you have terminated your subscription for the service (confirmed in writing upon request by BE OUR GUESTS).
Cancellation/refund
47.If you become a Subscriber (or pay for a friend to become a Subscriber) then, on the condition that you or your friend, as appropriate, has not made any use of the Subscriber only functions (including communication with other Users), you may cancel such subscription, and receive a refund of the relevant Fee, by sending a request by email to info [at] be our guests.co.uk within 7 days of the date on which the relevant Fee was paid. Please note that, where the Subscriber has made any use of the Subscriber only functions, no right of cancellation shall apply.
Terms and Termination
48.These Terms will remain in full force and effect while you are a User of the Website.
49.You may cease to be a User at any time, for any reason, effective upon receipt by BE OUR GUESTS of your written or email notice of termination, sent to the postal or e-mail address detailed in clause 2.
50.BE OUR GUESTS may at any time, terminate the agreement with you, deny you access to the Website and delete your Profile and any other Content you have submitted by your Use of the Website on provision of reasonable notice.
51.BE OUR GUESTS may terminate the agreement with you, deny you access to the Website and delete your Profile and any other Content you have submitted by your Use of the Website with immediate effect in the event that you have breached these Terms. In the event of such termination no refund shall be payable by BE OUR GUESTS.
52.BE OUR GUESTS will send you notice of any termination to the email address provided by you during your registration or such other email address as you provide to us.
Intellectual Property
53.The intellectual property (copyright, trade marks, patents, design rights etc) associated with the functionality and design of the Website is either owned by or licensed to BE OUR GUESTS. The intellectual property (copyright, trade marks, patents, design rights etc) associated with the Content is either owned by or licenced to BE OUR GUESTS or owned by a User.
54.You are expressly prohibited from: (i) reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website; (ii) removing, modifying, altering or using any registered or unregistered marks/logos owned by BE OUR GUESTS,
BE OUR GUESTS SYMBOLDo anything which may be seen to take unfair advantage of the reputation and goodwill of the Website or could be considered an infringement any of the intellectual property rights owned and/or licensed to BE OUR GUESTS without first obtaining the written permission of the owner of the intellectual property.
Disclaimer
55.The Content of Users and Promoters may include facts, views, opinions, advice and recommendations. These views, opinions, advice and recommendations are not endorsed by BE OUR GUESTS and, to the maximum extent permitted by law, BE OUR GUESTS shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of the information provided on the Website.
56.BE OUR GUESTS are not responsible for the conduct of Users or Promoters either online or offline. Please use caution and common sense when using the Website and ensure you have reviewed the safety guidelines contained here: The Website may contain errors and, from time to time, may not be accessible by Users or Promoters. The information provided on the Website by BE OUR GUESTS is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
Warranties, Liabilities and Indemnity
57.BE OUR GUESTS cannot guarantee and do not promise any specific results from Use of the Website. To the maximum extent permitted by law, BE OUR GUESTS expressly excludes all representations, warranties, obligations and liabilities in connection with the information provided on the Website, including but not limited to warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, or otherwise.
58.To the maximum extent permitted by law, BE OUR GUESTS shall not be liable for any loss, injury or damage caused in whole or part by, or failures, delays, interruptions or otherwise of, the provision of the Website services; and shall not be liable for any direct, consequential, incidental, liquidated or special losses or damages, arising out of, or relating to the use or inability to use, the information provided on the Website or any decision made or action taken in reliance or partial reliance on the information provided on the Website.
59.In the event that you have a claim or right of action against any other User arising from that User's Use of the Website, you agree to pursue such claim or action independently of and without any demands from BE OUR GUESTS, and you release BE OUR GUESTS from all claims, liability and damages arising from or in any way connected to such claim or action.
60.In the event that a claim or action is brought against BE OUR GUESTS arising from your activities or Use of the Website, including any breach by you of these Terms or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend BE OUR GUESTS in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow BE OUR GUESTS to assume the exclusive defence and control of the matter.
Changed Terms
61.BE OUR GUESTS may alter or amend our terms and conditions by giving reasonable notice. By continuing to Use the Website after expiry of the notice period, you will be deemed to have accepted any amendment to these terms and conditions. If, on receipt of such notice, you wish to terminate your agreement with BE OUR GUESTS you may do so by giving Be Our Guests not less than seven (7) day's notice, such termination to take effect on the date upon which the amended terms and conditions would otherwise have come into effect.
Law and Jurisdiction
62.These Terms shall be governed by and construed in accordance with the laws of England.
63.You irrevocably submit to the exclusive jurisdiction of the courts of England to settle any dispute which may arise out of or in connection with these Terms.
Rights of Third Parties
64.These Terms do not create any rights under the Contracts (Rights of Third Parties) Act 1999 ("Act") which are enforceable by any person who is either not a party to them or who is not a provider of the relevant goods and/or services.
Miscellaneous
65.You may print and keep a copy of these Terms, which form the entire agreement between you and BE OUR GUESTS and supersede any other communications or advertising with respect to the Website.
66.Failure by BE OUR GUESTS to enforce these Terms does not constitute a waiver of such right.
67.If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.
68.BE OUR GUESTS will not incur any liability to any User on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of BE OUR GUESTS. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire and explosions.
69.Advice Columnists The Services provided on the Website may from time to time include messages from advice columnists who respond to "relationship" questions. Any statements made by advice columnists are provided for entertainment purposes only, and are not intended, and should not be taken, as specific advice in any particular circumstance. Such statements do not constitute counselling of any kind. Users with personal problems or who may be seeking personal advice applicable to their personal situation, are urged to consult with a qualified counsellor with respect to such issues
70.Relationship.You agree that no joint venture, partnership, employment, or agency relationship exists between you and Be Our Guests as a result of this agreement or use of this Website.
Security71. When you are buying services over the Internet, you need to be assured that your details will be safe from prying eyes and misuse
72.Be Our Guests is well aware of these issues and it is important that you are too and that you are confident that every effort has been made to protect you
73.Any information being passed over the internet, whether credit card details, names, addresses, phone numbers or other sensitive information, is encrypted to the highest industry standard so that no one can read or obtain your details for fraudulent means