By booking a WineDater Event through the Website you confirm your acceptance of and hereby agree to the Terms and Conditions (“Terms”) set out herein.
1. Definitions
1.1 The following words and expressions shall have the following meanings:
‘Associated Companies’ means in relation to a company any subsidiaries or holding companies of the company and any other companies sharing the same holding companies;
‘Booking Form’ means the application form available on the Website to be completed by you to Use the Services;
‘Charges’ means the charge for the provision of the Service calculated in accordance with the prices and rates as set out in the Charges Guide available on the Website or otherwise notified to you;
‘Charges Guide’ means the list of Charges for the Service as updated or amended from time to time by us;
‘Contract’ means the contract between you and us for the provision of the Service;
‘Data Protection and Privacy Policy’ means such policy in relation to data protection and privacy as is displayed on the Website from time to time;
‘Online Matching System’ means the area of the Website in which Customers who have attended a WineDater Event are able to exchange Profile information and communicate with one another;
‘Profile’ means the text, pictures, data and other information you submit to WineDater when you Register on the Website;
‘Register’ means the submission of certain personal data to WineDater in order to Use the Services and, where applicable, any additional services and features on the Website;
‘Services’ means the hosting of the WineDater Event, use of the Online Matching System and any additional services we agree to provide to you;
‘Territory’ means the United Kingdom;
‘Use’ means using the Services including without limitation attending the WineDater Event and using the Online Matching System any other additional services provided by us; and ‘Using’ shall be construed accordingly.
‘Website’ means the URL www.winedater.co.uk.
‘WineDater’ means WineDater Limited, a company incorporated in England and Wales with company registration number 06365141 and having its registered office at Albany House, 324 – 326 Regent Street, London W1B 3HH together with its Associated Companies;
‘WineDater Event means the wine tasting/speed dating event hosted by us as part of the Service which is more particularly described on the Website;
1.1 ‘You’ and/or ‘Your’ and ‘you’ and/or ‘your’ means you the customer.
1.2 ‘Us’, ‘We’ and/or ‘Our’ and ‘us’, ‘we’ and/or ‘our’ means the company or organisation that shall provide the Services (including hosting the WineDater Event) as specified on the Booking Form, which for the avoidance of doubt is not WineDater.
2. Information about the Website
2.1 This Website is owned and managed by WineDater. If you have any queries regarding your use of the Website, please contact WineDater at the address specified on the Website.
2.2 The Services are provided by us. If you have any queries regarding any aspect of the Services, please contact us using our contact details which are available on the Website.
3. Preliminary requirements
3.1 You must be at least eighteen (18) years old to Use the Services.
3.2 In order to Use the Services you must Register your Profile with WineDater on the Website.
3.3 You warrant that you have the right, authority and capacity to enter into and be bound by these Terms.
3.4 By Using the Services, you warrant that you (a) do not have a previous and/or pending criminal conviction for violent and/or sexual offences; or (b) have or have had a restraining order made against you by the courts of any jurisdiction.
4. How the Contract is formed between you and us
4.1 You may submit the Booking Form for our approval by clicking on the ‘Accept Terms’/’Book Now’ icon.
4.2 Our Contract with you shall commence on the date we send you an email confirming your booking and shall remain in force for the duration of the provision of the Services unless terminated in accordance with these Terms.
4.3 You may cancel your Contract with us by sending us notice in writing using our contact details which are available on the Website.
4.4 Notwithstanding clause 4.2, we reserve the right at our sole discretion and for whatsoever reason to refuse you access to the Services. The provisions of this clause 4 do not affect your statutory rights.
4.5 You may transfer your booking for the Services and the WineDater Event (the “Booking Transfer”) to an alternative guest of the same gender as you (the “Transferee”) providing that you give us not less than two (2) days notice in writing in advance of the WineDater Event. Our approval of such Booking Transfer shall be at our sole discretion and subject to the availability of places at that WineDater Event. In the event that we approve a requested Booking Transfer, you shall ensure that the Transferee agrees to thereafter be bound by these Terms as if the Transferee were the original contracting party to the Contract.
5. Our obligations to you
5.1 In consideration for payment by you of the Charges and subject to these terms and conditions, we shall use our reasonable endeavours to provide you with the Services and any additional services we may agreed to provide to you from time to time. 5.2 We will use reasonable endeavours to make the Services and any additional services that we agree to provide available to you at the venue and on the dates set out in the Website, but we reserve the right to move an event to an alternative date or venue and including without limitation to change the beverage brands from those advertised or displayed on the Website. 5.3 We shall use our reasonable endeavours to ensure that the ratio of male to female guests at WineDater Events is satisfactory, but we accept no responsibility nor shall we be liable for any shortfall in the numbers of male or female guests at any WineDater Event.
6. Your obligations, responsibilities and warranties to us
6.1 You agree that you shall:
(a) not use the Services for any improper, illegal or unlawful activity; (b) not use the Services to commit a criminal act or to cause nuisance or annoyance or inconvenience to or to harass any third party; (c) not do any act that is likely to cause harm (including physical harm) or distress to any persons using the Services or attending the WineDater Event; (d) not behave inappropriately at any point during the WineDater Event; (e) exercise reasonable judgment and caution in the disclosure of your personal information during the WineDater Event or in respect of any part of the Services; (f) comply with all reasonable instructions issued by us from time to time relating to the Services; (g) co-operate with any reasonable security or other checks or requests for information made by us from time to time (where applicable); (h) promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; and (i) comply with all applicable laws in your use of the Services.
7. Payment for Service
7.1 You agree to pay the Charges using a credit card, a debit card or any other method of payment as specified on the Website. We reserve the right to refuse you admission and/or access to the Services if you have not paid the Charges.
8. Website Terms of Use and Data Protection and Privacy Statement
8.1 The Website Terms of Use and our Data Protection and Privacy Statement are available by clicking http://www.winedater.co.uk/privacy.aspx. By accepting these Terms you agree to be bound by and to comply with the Website Terms of Use and the Data Protection and Privacy Statement.
9. Intellectual Property or other Proprietary Rights
9.1 Unless otherwise expressly stated, we, WineDater and/or our licensors own all patents, design rights, know-how, copyrights, trade names, trade marks, the right to use software and all other similar proprietary rights (whether registered or unregistered) worldwide ("Intellectual Property Rights") relating to the Website and the Services.
9.2 We reserve the rights including the moral rights to any photographs, video footages or image works (“Images”) taken at the WineDater Events and you hereby waive all rights including moral rights to these Images in accordance with the Copyright Designs and Patents Act 1988.
9.3 We and WineDater may also use such Images for ongoing promotional, marketing and advertising campaigns and you hereby consent to the use of these Images for such purposes.
10. Our rights to postpone or terminate provision of the Service
10.1 We may postpone or provide you with an alternative to the Services in whole or in part without notice if:
(a) we believe that you have provided us with any false or misleading information; (b) we are, for any reason, unable to provide you with the Services as described or advertised on the Website; and (c) we believe that you have failed to comply with one or more of these Terms.
10.2 We reserve the right at our sole discretion to refuse you admission and/or expel you from the WineDater Event if in our reasonable opinion and without limitation:
(a) you are abusive and/or offensive to other guests at the WineDater Event; (b) you are misusing or abusing the Services in any way; (c) you display inappropriate conduct and/or disorderly behaviour; or (d) you have been found to be in breach of any of the Terms.
10.3 We are entitled to terminate the Services without notice subject to clause 11.
11. Refunds
11.1 Due to the nature of the Services and subject to clause 11.2, you shall not be offered a refund in the event of cancellation, non-attendance or dissatisfaction with the Services on your part.
11.2 A refund will only be offered: (a) if we are unable to provide you with an alternative to the Services in accordance with clause 10.1; or (b) if we terminate the Services in accordance with clause 10.3.
11.3 Where you are entitled to a refund pursuant to clause 11.2, such refund shall be paid on to the card that you used to pay the Charges. You agree that your acceptance of the refund shall constitute a full and final settlement of any direct or indirect losses howsoever arising.
12. Warranties and Liabilities
12.1 Unless expressly provided in these Terms, the Services and your access to the Website are provided to you “as is” and we do not give any warranties for anything whatsoever including without limitation the adequacy, availability, suitability, reliability and the occurrence of the Services and WineDater Event. 12.2 You acknowledge and agree that we: (a) cannot guarantee nor do we promise any specific results from the Use of the Service and/or from attending the WineDater Event; (b) do not independently screen guests who have booked and/or are attending the WineDater Event; and (c) do not warrant that the information provided by the guests is true, accurate, reliable and complete including any information pertaining to the guest’s marital status, personality, sanity, compatibility and age. You agree that it shall be your responsibility to seek clarification about such matters to your reasonable satisfaction at any point during the WineDater Event or thereafter.
12.3 As we may at times rely on third party suppliers to provide you with the Services, we do not warrant that we are able to provide you with the Services or to hold such WineDater Events as described or displayed on the Website.
12.4 You acknowledge that WineDater is not the provider of the Services in this Contract and therefore agree and accept that WineDater shall not be liable for any direct, indirect or consequential losses including without limitation injury to feelings, physical harm, emotional loss, loss of romantic prospects, loss of income, loss of business, loss of profits or any loss or damage whatsoever and howsoever arising in connection with or relating to our provision of the Services to you.
12.5 Nothing in these Terms shall exclude, restrict or limit our liability for death or personal injury resulting from our negligence.
12.6 We shall not be liable to you for any direct loss resulting from your use of the Services whether or not such loss was reasonably foreseeable at the time of its occurrence.
12.7 We are also not liable to you for any indirect or consequential loss including, without limitation, injury to feelings, physical harm, emotional loss, loss of romantic prospects, loss of income, loss of business, loss of profits or any loss or damage whatsoever arising out of our provision of the Services to you.
12.8 We exclude all liability to you if we cannot provide the Services for reasons that are beyond our reasonable control.
12.10 Subject to clause 12.5, our maximum aggregate liability to you under, arising from or in connection with these Terms whether arising in contract, tort (including negligence) or otherwise, shall not exceed the total Charges paid by you in accordance with these Terms.
12.11 In respect of the Website operated by WineDater, except as expressly stated herein, the information provided 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. Such information is presented ‘as is’, without any conditions, warranties or terms of any kind.
12.13 This clause 12 shall survive the termination of these Terms for whatever reason.
13. General
13.1 If we fail, at any time during the term of these Terms, to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. 13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default. 13.3 No waiver by us of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. 13.4 This Contract is personal to you and except where expressly stated herein you may not transfer the Contract to any third party at any time. We may transfer the Contract to any third party at any time. 13.5 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. 13.6 These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the Services and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. 13.7 Each of us acknowledge that, in entering into these Terms, neither of parties has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us except as expressly stated in the Terms. 13.8 These Terms are governed by English law and you hereby submit to the exclusive jurisdiction of the English courts.