Buyers
1. Agree to
post only real venue enquiries on The Site and not use The Site for research
purposes
2. Agree to
use The Site to notify us of the outcome of all venue proposals they receive
3. Agree to
notify us using The Site if their venue enquiry is no longer required or has
been cancelled
4. Agree to
contract directly with the Venue once they book a venue
Venues
1. Agree to
ensure the content of proposals are accurate
2. Must not
disclose their contact information or include anything that will give rise to
any direct contact outside of the site unless authorised to do so
3. Agree to
notify The Site if an Event is booked which was proposed on The Site to a Buyer
without it being booked on The Site
These terms and conditions apply to
all use of our site - www.evexity.com.
Your attention is also drawn to our Privacy
Policy on the site which sets out how your personal data may be used.
These terms
are a contract between
codeCIA LTD t/a
Evexity Company No. 07656907 ("We" and "us" below) and you,
the user of the site. We will post changes to these terms from time to time on
the site. Our email address is:
hello@evexity.com
Our registered address is: 85 Panoramic Tower,
6 Hay Currie Street E14 6FA London
Our telephone number is: 0203 478 8023
Our VAT number is: TBC.
1. Purpose of Evexity: The
Site aims to provide a marketplace for event venues, providing details of
actual event facilities offered by Venues on specific dates or date ranges and
for a specified price.
2. Application of Terms: The Terms apply to
use/ viewing of the site and also for those taking services offered from time
to time which include the
online area where (i)
Buyers post Enquiries for events, (ii) Venues submit Proposals in response to
the Buyers Enquiries and (iii) Buyers choose the Proposal they prefer and which
they reserve/book.
3. Definitions
a. "Venue" means a registered Conference
venue, Meeting Venue or Event Venue who can submit a Proposal in respect of an
Enquiry;
b. "Buyer" means a registered user who can
post an Enquiry on The Site receive proposals which they can book/reserve;
c. "User" means any person
either a Venue or Buyer or Visitor using the site
d. "Enquiry" means the request for venue
information, availability and price posted by the Buyer on the Site;
e. "Proposal" means the posting of reply in
respect of an Enquiry by the Venue on the site
f. "Registration" or "Register" means setting up an account
having agreed to the Conditions;
g. "The Site" means www.evexity.com
h. "Reserve" means that the Buyer
intends to book the venue and agree a contract with the venue
i. "Event Date" means the agreed
date that a venue proposal recieved on the Site is run by the venue
4. Contracts between Buyers and Venues: By
registering as a Buyer, you acknowledge and agree that you contract directly
with Venues to buy services. You must be aged 18 or over to use the Site or
over the age of majority in the country where you are based if such age is over
18. Buyers also acknowledge that you do not have to reserve any of the
proposals made by Venues but that you will at all times use the Site to post real
Enquiries which have a monetary value and with the intention of genuinely
considering reserving a Proposal by one of the replying Venues who satisfy all
of your stated requirements. By registering as a Venue you acknowledge and
agree that you will contract directly with the Buyer if an event is reserved.
We act solely as agent and are not a party to the contract between Buyer and
Venue.
5. Reservation process: When a
Buyer Reserves a venue we will deem this a reserved proposal unless otherwise
informed by the Venue. Venues and Buyers are then obliged to agree the contract
terms for the delivery of the event.
6. Cancellation Process:
6.1 If a proposal is
cancelled after it has been reserved using the Site either by the Venue or the
Buyer cancelling the event it is the Venues responsibility to update the
proposal details in the Site as a proposal which is cancelled, giving a valid
reason for doing so. It is the Buyer’s responsibility to inform the Venue if a
proposal reserved is cancelled. Proposals can only be cancelled where there is
a valid reason for doing so. If the event is postponed the event date should be
changed in the proposal details to reflect this change.
6.2 We reserve the
right to investigate with the Buyer and the Venue all proposal cancellations.
In the occasion of a proposal being falsely cancelled with the intention of
circumventing the fees payable users will have their accounts suspended without
further notice and any debts owed to The Site for circumvention of our fees
pursued through legal action where necessary without prejudice to our other
rights.
6.3 Buyers should be
made aware by Venues that proposals are cancelled from time to time otherwise
than through the default of the Venue and the Venue should make clear to the
Buyer what terms it offers in relation to such cancellations or price changes.
This is not our responsibility. We simply introduce Venue to Buyer and vice
versa.
7.Non-circumvention of Site Use Charges: In
using the Site you agree not to take any action directly or indirectly to
circumvent the Site reservation process and charges. Prohibited acts include
(but are not limited to) the following:
I. Buyers
booking Proposals identified on the Site directly with Venues without notifying
The Site
II. Venues
accepting bookings directly from Buyers which were identified on the Site
III.
Understating on the Site a proposal at a price different from that agreed
between Buyer and Supplier
As a Buyer,
you agree to notify The Site immediately if a Venue solicits booking an Event
from you from outside the Site. As a Supplier, you agree to notify The Site
immediately if a Buyer seeks to book a Venue from outside the Site. If you are
aware of a breach of the foregoing prohibitions, or any potential circumvention
of the Site please submit a confidential report to The Site to the email
address hello@evexity.com.
8. Contact Information: No
contact information may be shared between Buyers and Venues until the Event has
been reserved or such contact has been expressly authorised by The Site. This
includes individuals names, email addresses, addresses and phone numbers. The
restriction on sharing "contact" details includes, without
limitation, information in Proposals, Enquiries, attachments and the internal
site email system. Any users found sharing contact information through the Site
which will reveal their contact details may have their content removed and/or
account suspended.
9. Site Use Charges:
9.1 The
Site is free for all users to view, register and submit Event Enquiries and
Proposals.
9.2 We will charge
the buyer an “urgency fee�? for enquires to be replied within 2 hours.
9.3 We will charge
the buyer a “prospecting fee�? for un-qualified enquiries. Un-qualified
enquiries are event enquiries that do not possess all the information of the enquiry
form.
10. Registration: The
Site offers two distinct types of registration: Register as a Buyer of Events
(Buyer) and register as a Supplier of Venues (Supplier).
10.2 Register as a Venue - Obligations and
Exclusion of our Liability
10.2.1 Venues have the
same privileges as Buyers, including without limitation, the ability to post
Proposals in reply to Enquiries.
10.2.2 Venues are also
entitled to post Proposals on the Site in response to user Enquiries, which
Buyers can view, ask questions in relation to and reserve. All Proposals must
be defined accurately and not mislead or misrepresent the requirement or their
respective business/organisation. Buyers are not obliged to book any of the
Proposals but Venues agree at all times, and for all Proposals, to confirm to
us the outcome of all Proposal postings and, where appropriate, to confirm
where a contact is agreed, agreed value, price for service / product. Venues
also agree to provide any other reasonable information requested by us relating
to the Proposal, including but not limited to feedback on Supplier experience
and user satisfaction surveys.
10.2.4 Availability: It is
the responsibility of Venues to maintain the correct availability of Proposals
and to remove them if they can no longer run them. Venues agree to do so.
11. Content License and Access. When
you submit content to the Site, you grant us a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free sub-licensable and transferable licence to
use, reproduce, distribute, prepare derivative works of, display and perform
the content in connection with the Site, in any media known now or in the
future. You warrant that you are entitled to submit that content and use it on
the Site and can grant the licence above and you agree fully to indemnify us
against all loss and liability arising from breach of this warranty. Only
reproduce and send to the Site copyright or other intellectual property right
protected material or confidential information which you are entitled to use in
that way or own. It is your responsibility to check all copyright clearances.
12. Liability and Prices: Proposals
made on the Site are shown at the prices listed, subject to availability.
Because Venues supply the information and availability on this service, The
Site cannot be held responsible for the accuracy of the Supplier information
nor the prices shown. We are purely an agent. If you see information which you
regard as wrong contact us. As a result, we cannot be held responsible for any
loss, costs or damages incurred as a result of using this service. The accuracy
of the information on the Site is the sole responsibility of the Venues. The
Site give no guarantee nor confirmation of the description nor standard of the
venue in the information provided. The individual Supplier standard terms and
conditions apply and you will confirm all details with the Supplier at the time
of reservation based on their terms and conditions.
13. Supplier Accreditation: By
reference to Venues being accredited The Site have carried out limited checks
on a Venue to check they are a bona fide company but this does not guarantee
the Venue performance of the job.
14. Monitoring: On
a regular basis The Site will perform checks on content in the Site including
of messages, attachments, enquiries and proposals to ensure these terms and
conditions are being followed. We reserve the right to suspend accounts and
remove content at any time. We will also undertake regular audits of Event
prices that have been reserved through the Site. When asked to do so Venues and
Buyers must provide all requested information to help us do this.
15. Data Accuracy: Venues
and Buyers must take reasonable care to ensure the accuracy of data added to
the Site including classifying the event in the right category, giving the
Enquiry an accurate name and accurate description. When opening an attached
file from the website we are not responsible for the data contained in these.
Basic anti-virus checks are made on attachments but we cannot guarantee that
they do not contain any malicious files or data and thus cannot be held liable.
16. Google Maps: Google
maps shown on the site are provided under the terms and conditions as available
from Google. As such users are bound by these terms. See -
http://maps.google.com/help/legalnotices_maps.html
The maps are
for reference only and The Site takes no responsibility for their accuracy.
17. Liability for use of Site: We
provide information on this Site free of any access charge and on the basis of
no liability for the information given. In no circumstance shall we be liable
to you for any indirect or consequential loss, loss of profit, revenue or
goodwill arising from your use of the Site or information on the Site to the
fullest extent permissible by law. We accept liability for direct loss only up
to the sum of commissions we have received from that Buyer or Supplier in the
transaction in dispute. All terms implied by law of satisfactory quality and
fitness for purpose are excluded. We accept liability for death or personal
injury caused by negligence and responsibility for fraudulent misrepresentation
that cannot, under English law, be excluded. We are a distributor (and not a
publisher) of content supplied by third parties and users of the Site. Any
opinions, advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information providers,
or users, are those of the authors or distributors and not of us. We do not
necessarily endorse nor are we responsible for the accuracy or reliability of
any opinion, advice or statement made on the Site. There may be links on our
site. We are not responsible for the content of any such links. We use
reasonable endeavours to keep our Site up and running but cannot guarantee 24/7
access nor are we liable if the Site becomes inaccessible.
18. Access and Interference: Much
of the information on our Site is updated on a real-time basis and is licensed
to the Site by our users. You agree that you will not use any robot, spider,
scraper or other automated means to access our sites for any purpose without
our express hand-written permission.
Additionally,
you agree that you will not:
I. take any
action that imposes or may impose (in our sole discretion) an unreasonable or
disproportionately large load on our infrastructure
II. copy,
reproduce, modify, create derivative works from, distribute, or publicly
display any content (except for content added by you) from our Site without the
prior expressed written permission of The Site
III.
interfere or attempt to interfere with the proper working of our Site or any
activities conducted on or with our sites
IV. bypass
our robot exclusion headers or other measures we may use to restrict access to
our sites.
19. Intellectual property: "The Site" and
other trademarks or trade names of ours on the Site are our intellectual
property. You must not use these without permission nor register as a trade
mark, company name or domain name in the UK or abroad any of these. Our
material on the Site is our copyright and must not be used without our permission.
All rights are reserved.
20. General: These
terms are subject to English law and you submit to the non exclusive
jurisdiction of the English courts in connection with any dispute between us in
contract or in tort. Although we accept Buyers and Venues from outside the UK
it is their responsibility to check they may lawfully sell or buy the Event set
out in their own locality. We may pursue a claim against you under English law
in the English courts or courts of your jurisdiction. This agreement does not
confer any enforceable right on a third party whether under the Contracts
(Rights of Third Parties) Act or otherwise. These terms and our privacy policy
and any other information on our Site comprise the entire agreement between us.
No other terms or representations form part of this Agreement and we disclaim
all liability to the fullest extent permissible by law for any other such terms
or representations. If there is a conflict between these terms and statements
on the Site, these terms prevail. If any term is held void it can be severed
from this Agreement and the remaining terms shall continue. Our failure to
enforce a right does not preclude our subsequent enforcement of it.
Privacy Policy
Evexity is committed to complying with data
protection laws and ensuring that your privacy is protected. This Privacy
Policy explains how we use the information we collect about you, how you can
instruct us if you prefer to limit the use of that information and procedures
that we have in place to safeguard your privacy.
You should also read our Terms and Conditions on
the Site which contain important information about use of our site.
1. The information we collect and how we use it.
When you
register as a supplier or user on the website, we need to know your company or
business name, individual contact name if different, postal address, email
address, telephone number.
We gather
this information to allow us to process your registration. The relevant
information is then used by us, our agents and sub-contractors to provide you
with statements of your account and to communicate with you on any matter
relating to the conduct of your account.
We may also
use aggregate information as statistics for the purposes of monitoring website
usage in order to help us develop the website and our services and may provide
such aggregate information to third parties. These statistics will not include
information that can be used to identify any individual or organisation.
From time to
time we may provide your information to our customer services agencies for
research and analysis purposes so that we can monitor and improve the services
that we provide. We or our agents and sub-contractors may contact you by post
or email to ask you for your feedback and comments on our website and Content.
Third party agents subject to strict conditions of confidentiality and working
on our behalf on IT systems, as our subcontractors for services may have access
to your data but solely to process it on behalf of us. We may export your
personal data outside the EU/EEA and you consent to this, simply for processing
abroad but always subject to strict conditions of confidentiality.
We may also
use your information to provide you with information about special features of
our website or any other service or products of The Site we think may be of
interest to you. If you would rather not receive this information, please go to
your account settings and amend the option ‘I want to receive a newsletter’ to
indicate you do not wish to receive it. You can alter those settings at any
time. It will take up to 30 days for us to make changes. We do not pass your
data to third parties for commercial marketing of products other than those of
The Site.
This Policy
covers data you provide on our site. If you provide data on sites linked from
ours we are not responsible for that and you should check the privacy settings
on that site.
If you pass
your personal data to a Buyer or Supplier on the site you should check their
own privacy policy terms which may apply
We reserve the
right to verify registered user information relating to event buyers and in the
process of such checks may pass your details to our agents subject to
conditions of confidentiality imposed on them.
If you post
any information on our site about an event of any kind you must ensure you only
place personal data about individuals where you are lawfully entitled to do so
and you must indemnify (pay) us if you breach this provision and it causes us
loss. You must not pretend to be someone else when you supply us with
information or you could commit a criminal offence under the Data Protection
Act 1998 or other legislation
2. Our use of Cookies and other information
gathering technologies
From time to
time we use Cookies on this site. Cookies are small text files that your web
browser leaves on your hard drive to recognise you as a repeat user of our
website. If you do not want cookies to be used, you should access the features
of your web browser for the procedure to disable them. However, this may result
in reduced enjoyment from our website. More information on cookies is at
www.aboutcookies.org.
3. How we protect your information
The internet
is not a secure medium. However we have put in place various security
procedures as set out in this policy.
We employ
reasonable managerial and technical measures to ensure that your information is
secure. For example all personally identifiable information is maintained
behind a firewall.
We also
provide you with a user name and password when you register with this website.
It is your responsibility to keep these secure, and we cannot be responsible
for any use or misuse of them.
We also keep
your information confidential. The internal procedures of The Site Limited
cover the storage, access and disclosure of any information.
4. Sale of Business
If this
business is sold or integrated with another business your details may be
disclosed to our advisers and any prospective purchasers and their advisers and
will be passed on to the new owners of the business.
5. Updating your Details
If any of
the information you have provided to The Site changes, for example, if you
change your email address, name, etc please amend your details in the Account
section making the changes on-line through the website.
6. Communication Preferences
The website
provides a compulsory set of email messages which are sent out to provide a
record of activity when using the site. Buyers and Venues agree to these being
sent to them. In addition to this there are a number of voluntary email
messages which Venues and Buyers can control the usage of through their account
settings.
7. Your Consent
By
submitting your information you consent to the use of that information as set
out in this policy. If we change our privacy policy, we will post the changes
on this page, and may place notices on other pages of the website, so that you
may be aware of the information we collect and how we use it at all times. We
will also email you if we make any changes so that you may consent to our use
of your information in that way. Continued use of this service will signify
that you agree to any such changes.
8. How to contact The Site
The Data
Controller in relation to the information that you provide is The Site Limited
and the Data Protection Representative is the Managing Director. We welcome
your views about our website and our privacy policy. If you would like to
contact us with any queries or comments please send an email
to hello@evexity.com or alternatively write to us at
Evexity - codeCIA, 85 Panoramic Tower, 6 Hay
Currie Street London E14 6FA No. 07656907