Terms and Conditions
Content
• Code of Good Practices
• Introduction to T&Cs
• T&Cs
1. Definitions
2. Scope & Nature of Our Service
3. Venue Service Information (Venues Only)
4. Levels of service/subscription and admin fees (Vendors Only)
4.1. Subscription Options
4.2. Inactive and reactivating an account
5. Payment (Vendors Only)
6. Privacy and Cookies
7. Required and additional documentation (Vendors & Venues)
8. Cancellation and No-shows (Vendors only)
9. Additional, further and re-booking information
10. Additional Service Information
11. Correspondence and Communication
12. Disclaimer
13. Other associated brands
14. Intellectual Property Rights
15. Applicable law, jurisdiction & dispute resolution
Code of Good Practices
Our mission is to bring together Vendors and Venues in a way that is mutually beneficial, easy to facilitate and will allow both parties to find new places or new people to trade in or with.
In order to achieve this goal, we will live up to the following good practices:
We bring and allow you to experience:
• Venues that are keen to open new business channels, allowing event bookings such as pop-up shops, seminars, wellbeing sessions, fairs and more at their sites.
• We will do our upmost to keep Venue and Vendor information up to date, however, it is the responsibility of either party (Venue or Vendor) to keep this updated and current. Vendor Booking UK takes no responsibility for the correctness of this data.
• Vendors who are dedicated to bringing quality products and services right to your business setting.
• We will bring you a simple and easy to use website and platform.
• We promise to listen to your comments and feedback and where possible to implement your suggestions.
• We have developed our platform to be the front end of small businesses and know what YOU (the users) need from our service.
• We promise you an informative, user-friendly platform.
• We are here to help you! You can talk to us on our Live Chat in the bottom right-hand corner of your screen, you can use the "Contact Us" button on the website or email us at hello@vendorbookinguk.co.uk, or you can call us on our free phone number (0208 713 0394).
Introduction to T&Cs
These Terms and Conditions that may be amended from time to time, apply to all our services directly or indirectly, made available online, through any mobile device, by email, or by telephone. By accessing, browsing, and using our website or any of our applications through whatever platform (hereafter collectively referred to as the "Platform") and/or by completing a booking, you acknowledge and agree to have read, understood, and agreed to the Terms and Conditions set out below (including the Privacy Statement).
These pages, the content, and infrastructure of these pages and the online booking service (including the facilitation of payment) provided by us on these pages and through the website are owned, operated, and provided by Vendor Booking UK Limited and are for your personal use only, subject to the Terms and Conditions set out below.
Terms and Conditions
1. Definitions
“Vendor Booking UK Limited”, "VBUK", "us," "we," or "our" each mean Vendor Booking UK Limited.
“Vendor”: a trader, any person or company taking/selling their goods or services into a Venue.
“Venue”: a location, company or organisation which allows pop up shops, small businesses or service providers onto their site for the purpose of selling goods or services.
"Platform" means the website and app on which the booking service is made available, owned, controlled, managed, maintained, and/or hosted by Vendor Booking UK Limited.
"Booking and/or Event" means an event booking which can/will take place between Vendor & Venue.
“Booking Service” means all administration that facilitates and is connected with the booking of either Vendor or Venue and any other operation carried out for either party by Vendor Booking UK Limited.
“Profile” refers to your private section on the Vendor Booking UK Limited website which contains personal data directly relating to you but which is not available to other parties on the website, other than the Vendor Booking UK Limited team. This information will never be shared without contacting you first.
“Listing” refers to your company, product, service and/or site information which is displayed on the website database to other Vendors or Venues (this is the limited information that either Vendor or Venue will see). The “Private Information” section of your listing is not displayed and is not accessible to other users other than the Vendor Booking UK Limited team.
2. Scope & Nature of Our Service
Through the Platform, we provide an online booking service through which Vendors and Venues can list, market, promote, hire, and/or offer (as applicable) their products, services or event space for booking, reservation and/or hire (as applicable). By using or utilizing the Platform and Booking Service (e.g. by making a booking), you enter into a direct (legally binding) contractual relationship with Vendor Booking UK Limited. From the point at which you make your booking, we act solely as the intermediary between you (Venue or Vendor) and the Vendor or Venue, transmitting the relevant details of your booking to the applicable other party and sending you a confirmation and correspondence pertaining to said booking. Vendor Booking UK Limited does not (re)sell, rent out, offer any product or service to any other third parties. When rendering our Booking Service, the information that we disclose is based on the information provided to us by you (the Vendor or Venue). As such, the Vendor or Venue markets and promotes their product, service or site on the Platform and are given access to our systems through which they are fully responsible for updating all relevant information that is subsequently displayed on our Platform. Although we will use reasonable skill and care in performing our Booking Service, we cannot guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any temporary and/or partial) breakdown, repair, upgrade, or maintenance of our Platform or otherwise, inaccurate, misleading, or untrue information, nor non-delivery of information. This also applies to any given event on any given day, as the information provided is accurate to the best of our ability and will vary day-by-day depending on occupancy levels and interest from customers, as well as external influences, for example seasonal illnesses or transportation strikes. Each Vendor or Venue always remains responsible for the accuracy, completeness, and correctness of the (descriptive) information displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of any Vendor or Venue listed. It is also the responsibility of all Vendors and Venues to ensure that any donations, fees or other such charges external to Vendor Booking UK Limited's own related charges required for attendance at any event are noted on their Listing page. All such charges should be organised through Vendor Booking UK Limited prior to an event OR between the Vendor and Venue on the event day in person. Vendor Booking UK Limited is not responsible for ensuring any such charges have been fulfilled subsequent to any given event and is not obliged to ensure such charges have been completed retroactively, but may investigate at their discretion.
3. Venue Service Information (VENUES ONLY)
Any user with a Venue Profile and Listing on the Vendor Booking UK Limited website is provided with a “FREE-to-use” service. This is defined as; a completely free service for which there are no monthly subscription fees, registration costs or booking charges. All Venues have full access to the Platform and Booking Service and are not restricted in any way compared with any subscribing/paying user.
Exceptions to the terms stated above include fairs, fetes and other such events which are open to the general public instead of a select site with static occupants. In these cases, Vendor Booking UK Limited reserves the right to charge an initial setup fee of £50 which includes account setup on the Platform on the applicant's behalf, advertising via any and all Vendor Booking UK Limited social media and advertising channels, and priority emailing to all Vendors applicable for participation in the related event. Furthermore, Vendor Booking UK Limited may wish to discuss with the organiser potential adjustment to any pitch fees or other such charges the organiser employs for the participation of Vendors in order to facilitate the finding of Vendors for the event: this is to ensure Vendors pay a reasonable fee to the organiser whilst also covering the Vendor Booking UK Limited administrative fee per confirmed booking (applicable to Vendors only). The £50 setup fee is applicable to each event being organised, including recurring events. Vendor Booking UK Limited reserves the right to adjust this setup fee at any time and on an individual basis, dependent on the requirements of the individual event.
4. Levels of service/subscription and admin fees (VENDORS ONLY)
Upon first registering on the Vendor Booking UK Limited website creating a Vendor Profile, the user will be asked to pay a Setup & Hosting fee of £15 (inc. VAT) in order to allow them to then create their business Listing page: this is a one time-fee upon signup. A receipt with details of the payment will be issued by email on the same day as the payment is made. Once paid and upon creation of the Listing page the Vendor will be automatically enrolled on the Pay As You Go subscription model. The Vendor can opt to change their subscription tier at any time before 23rd day of the month in order to process the request for the following month. Subscription changes can be requested at any time and must be done by email to hello@vendorbookinguk.co.uk or via the Live Chat feature on the Platform.
4.1 There are 3 levels of service/subscription we offer to Vendors. Any Vendor can choose which level suits their needs and can change level at any time. Subscription levels run on a monthly basis and can be updated part-way through the month but cannot be changed over until the end of said month. All subscription changes must be requested by email to hello@vendorbookinguk.co.uk. Last updated 28/12/23, prices are VAT inclusive. All admin fees are non-refundable.
Pay As You Yo
• No monthly subscription cost
• £12.00 admin fee chargeable for each confirmed booking immediately upon confirmation
Standard Subscription
• £20.00 subscription charge per calendar month (from the 23rd of the month after a subscription change request is processed)
• £6.00 admin fee chargeable for each confirmed booking, charged on 23rd of the month for all bookings during the subsequent month
Premium Subscription
• £50.00 subscription charge per calendar month (from the 23rd of the month after a subscription change request is processed)
• No admin fees
*For subscription cancellations and suspensions please see additional information in Section 8.
**Cancellation/rescheduling charges apply, please see Section 8 for further information.
All subscription levels have no limit on the number of bookings which can be requested either by the Vendor or with the Vendor by any Venue.
Vendors can also be entered into a prize draw (prize and schedule TBC and subject to change at any time) once for each new Vendor account which is then approved by a Vendor Booking UK Ltd. administrator, which was as a result of an invite from an existing Vendor via the "Invite Vendor" function on the platform. Only Vendors who have successfully invited a Vendor as mentioned above will be eligible for the quarterly prize draw, and will be entered automatically unless they notify Vendor Booking UK that they would not like to participate.
4.2 Vendor accounts which are inactive for more than 37 days are subject to Archiving, rendering the account inactive so that no further booking requests or offers can be placed. This is an automatic process which occurs when a Vendor is not actively using the Vendor Booking UK Limited platform to help guide Venue users towards Vendors who are actively trading at events. A reminder email will be sent to the Vendor user 30 days after the last login date with a reminder to login within the next 7 days in order to keep the account active and avoid being Archived. A further email will be sent on the 37th day to notify the user that their account has been Archived. A user can reactivate their Archived account by contacting Vendor Booking UK Limited by email with a formal request for reactivation. Reactivation is subject to a £10 fee, which can be waived at the discretion of Vendor Booking UK Limited if deemed suitable.
5. Payments (VENDORS ONLY)
We do not hold or retain any bank information on the Vendor Booking UK Limited Platform. Instead, upon confirmation of your first event booking, you will be asked to pay any invoices in one of two ways: by card payment, or through direct debit agreement via the secure GoCardless online system. This process is facilitated by our integrated Xero invoicing system which will send subscription and admin fee invoices via email whenever processed by VBUK, along with a link to sign up to GoCardless or to pay by card. For all Pay As You Go customers, admin fees are chargeable immediately upon confirmation of the booking and invoices will be sent at the end of each day for any payment requests. For all Standard and Premium Subscription customers, subscription fees will be invoiced on the 23rd of each month, subject to change at any time, via the GoCardless system or by card payment. Additionally all admin fees relating to users on the Standard Subscription will be charged prior to the month of event/s taking place on or around 23rd of the previous month, or immediately upon confirmation if the event/s are due to take place within 1 week in the case of late acceptances; this is subject to change without prior notice. The initial Setup & Hosting fee is payable be card using the screen provided upon completion of a Vendor's Profile page. We take no responsibility for your security or personal data stored by GoCardless or Xero and you must read their separate terms and conditions for full information on their handling of your details. For Pay As You Go Customers there are no regular monies which will be charged on a direct debit basis, but having this set up makes it easier and quicker to process payments to avoid repeated requests for payment and temporary account locks as outlined below.
All invoices are payable immediately upon receipt and it is the responsibility of the Vendor account holder to ensure these are submitted promptly. In cases where invoices are unpaid for more than a period of 7 days from the date of issue, the related Vendor Booking UK Limited account will be temporarily locked and inaccessible until such time as all outstanding invoices have been paid and the sum received in full by Vendor Booking UK Limited. Additionally, any information pertinent to impending events will not be passed until such time as all outstanding invoices have been paid to Vendor Booking UK Limited, and events may be cancelled if payment is not received a minimum of 1 week prior to the scheduled event. Vendor Booking UK Limited reserves the right to unlock accounts and send additional information without full payment having been received.
6. Privacy and Cookies
Vendor Booking UK Limited respects your privacy. By using our Platform, you agree to our use of this information to improve and enhance your user experience, and we agree to not pass or sell your information to any third parties or organisations.
7. Required and additional documentation (VENDORS & VENUES)
Vendor Booking UK Limited requires all Vendors to hold valid Public Liability Insurance which should be uploaded to their Vendor Listing page as proof of insurance. This is required in order to attend events organised by Vendor Booking UK Limited in all instances, and is not subject to individual Venue requirements. Vendors may sign up to the Vendor Booking UK Limited platform without holding Public Liability Insurance and will be asked to acquire this in order to attend any and all events. It is the responsibility of the Vendor to ensure that a valid, in-date copy of their Public Liability Insurance is uploaded to their Vendor Listing page at all times.
If any Venue requires additional documentation to be completed by a Vendor in order to attend their site then the document/s should be sent via email to Vendor Booking UK Limited who will forward them on to the Vendor for completion. All documentation should then be returned by the Vendor by email to Vendor Booking UK Limited, who will then forward them on to the Venue. This process applies for all documentation unless expressly stated by Vendor Booking UK Limited. It is the responsibility of the Venue to inform and provide required documentation to Vendor Booking UK Limited in all instances. Additional documentation is subject to each Venue's discretion and will be issued to Vendors on a case-by-case basis, depending on each Venue's attendance criteria. Vendors must complete any documentation required by Venues to a sufficient standard (in the Venue's own opinion) in order to attend their site, regardless of any payments or confirmations made with Vendor Booking UK Limited. Failure to sufficiently complete documentation leading to event cancellations will not result in any refund or compensation from Vendor Booking UK Limited.
Upon confirmation of an event booking by either a Vendor or a Venue, the Platform will create an event poster based on information from the Vendor's Listing page in order for the Venue to advertise the event in the most suitable way for their premises. The poster is a standard VBUK branded A4 format and can be downloaded directly from the related event booking on the website by either party at any time subsequent to confirmation of the event. This poster is a free service and automatically employed, however Vendors may replace this poster with one they have created themselves at any time. Advertising done by a Venue may be physical or digital and therefore may not be visible to a Vendor on their event day once they have arrived at the location. Posters are only generated for bookings involving a Venue party who have stated on their Listing page that a poster is required in order for advertising purposes.
8. Cancellations, no-shows or re-arrangements (VENDORS ONLY)
By making a booking with Vendor Booking UK Limited, you accept and agree to the relevant cancellation, no-show and re-arrangement policies. The Admin Fee (£12 on the Pay-as-you-Go subscription and £6 on the Standard subscription) is non-refundable if you cancel or choose not to attend an event. An additional charge of £9 will be issued for any and all cancellations or requests to reschedule for the additional administrative work involved in removing or reconfirming a booking. In the event that this cancellation/rescheduling charge is not paid, we reserve the right to remove the user from the Vendor Booking UK Limited platform with immediate effect, including the cancellation of all future confirmed bookings without refund. In the event that these charges are not paid and a user subsequently wishes to reactive their Vendor Booking UK Limited account, a request for receipt of all monies owed will first be submitted and accounts will only be considered for reinstating upon receipt of full payment. In the event that a Vendor repeatedly cancels events at short notice or without sufficient reason then Vendor Booking UK Limited reserves the right to refuse further booking requests or to terminate the user account on the grounds of unreliability or without guarantee that the Vendor can provide a professional quality service, which includes cancellation of any and all upcoming bookings with no financial reimbursement. If a Vendor consistently arrives late to events with complaint from the Venue then Vendor Booking UK Limited reserves the right to refuse further booking requests or to terminate the user account on the grounds of unreliability or without guarantee that the Vendor can provide a professional quality service, which includes the cancellations of any and all upcoming bookings with no financial reimbursement. If a Vendor receives consistent negative feedback about their events from Venues then Vendor Booking UK Limited will endeavour to highlight and suggest resolution for any issues, and also reserves the right to refuse further booking requests or to terminate the user account on the grounds of unreliability or without guarantee that the Vendor can provide a professional quality service if no improvement is apparent, which includes the cancellations of any and all upcoming bookings with no financial reimbursement. The cancellation/rescheduling fee is inclusive of VAT.
A Vendor user can cancel their subscription at any time by sending an email to hello@vendorbookinguk.co.uk. The subscription (Standard or Premium) will run to the end of the paid month and cease from the renewal date. Cancellation for the Pay-as-you-Go service takes immediate effect and the user will be removed from the live Platform forthwith. The account will be rendered inactive from the live website, however, if a user wishes to reinstate their account then they can contact us via the details given at the start of this document, whereupon they will once again be subject to one of our subscription levels (Pay-as-you-Go by default). If a user cancels their subscription and there are outstanding bookings still to take place, Vendor Booking UK Limited will cancel these bookings without refund of the admin fee as outlined earlier in this section. We reserve the right to cancel a subscription and/or booking events if there are insufficient funds in place for the GoCardless system to take any part of the payment. Any additional fees incurred for late payment, insufficient funds, wrong or invalid bank details are at a user's own risk and they will not be entitled to any refund of any amount. If we incur any such additional costs these will be passed directly on to the user. If there is a mitigating reason for cancelling an event with sufficient notice then they user may submit a formal request to review the cancellation fee, and Vendor Booking UK Limited reserves the right to consider withdrawal of the cancellation/rescheduling fee request if deemed suitable.
For any event cancelled by a Venue without prior notice and through no fault of the relevant Vendor, Vendor Booking UK Limited reserves the right to offer an additional free booking in lieu of reimbursement as per the aforementioned criteria. Vendor Booking UK Limited also reserves the right to offer additional free bookings at their discretion at any time.
9. Additional, further & re-booking information
The Venue and Vendor agrees that no independent communication will be sought by either party and all communication (apart from face to face on the day of the event) will be directed through Vendor Booking UK Limited. By agreeing to join the Platform you, the user, agree that any and all additional, further or re-bookings will be made strictly through the Platform. If independent communication is found to be taking place between Vendor and Venue, we reserve the right to terminate (with immediate effect, with no refund of unused subscription days or admin fees) and remove all Profile/Listing details from the Platform.
All information provided on any Listing page (Venue OR Vendor) is accurate at the time of writing and is subject to change at any given time, and is reliant upon Vendor Booking UK Limited receiving communication from the related party of any changes. Please be aware that all information displayed is subject to change up to and including the day of an event. Vendor Booking UK Limited takes no responsibility for any information displayed and it is each user's responsibility to insure that the information displayed is accurate and up to date. Vendor Booking UK Limited accepts no responsibility for any charges or fees incurred as a result of differing information, and any charges incurred are the sole responsibility of the related user. Vendor Booking UK Limited will endeavour to assist in resolving any disputes or charges between a Venue and Vendor where possible, and with sufficient notice.
10. Additional Service Information
Additional services provided by Vendor Booking UK Limited, which include but are not limited to Prepaid Events and Free Sampling events, may be accessed by any given Venue user of the Vendor Booking UK Limited service. These services are not available on a constant basis and all relevant Venues will be notified when opportunities arise for participation. These types of events are operated under a varied version of these Terms & Conditions as they may require direct communication, payment or other such additions to be facilitated in order to ensure they are correctly organised. Venues may "opt-in" to any given event when invited by Vendor Booking UK Limited but are under no obligation to accept and given invitation at any time. Priority places for these events may be given either on a first-come-first-serve basis depending on the event. In order to ensure there will be attendance from Venue occupants/residents etc. at any given event of this nature, priority will be given to Venues who are actively hosting normal pop-up style events at their premises.
Star Ratings and Reviews - As of 1st September 2023, Vendor Booking UK Limited has introduced a rating system based on a 5 star system which is accessible to VENUES after a Confirmed booking has taken place. This system will allow for feedback regarding events to be gained and will be displayed against the related VENDOR who took part in the event. This function is not compulsory for Venues but is encouraged in order to highlight popular Vendors and to provide valuable feedback for any and all events. Please note that any Star Ratings or Reviews submitted via this function in no way reflect the opinions of Vendor Booking UK Limited and are in fact fully owned by the responding Venue. The exception to this is the "Responsiveness" rating which is an automatic Star Rating generated by the Vendor Booking UK Limited website based on the time taken for a Vendor to respond to outstanding booking requests. This is intended to give Venues a rough estimate of how long it may take for any given Vendor to respond to booking offers, and does not reflect any opinion of Vendor Booking UK Limited.
The VBUK Marketplace - Vendor Booking UK Limited is launching the VBUK Marketplace on 1st November 2023 (TBC), subject to a successful trial period commencing 1st September 2023. The VBUK Marketplace is an advertising platform accessible to individuals who represent neither a Vendor nor a Venue. These are designated as "Occupant Accounts" and refer to individuals who work, reside or visit and therefore are related to an existing Venue account on Vendor Booking UK Limited. Some examples of this would be an occupant at an office building, a resident at a retirement village or a membership owner at a gym or leisure centre.
The VBUK Marketplace will allow Occupant Account owners to view the VBUK Vendor database along with any website or related social media account owned by each Vendor. The Occupant Account user will be able to see basic information about the Vendor in line with the regular Vendor Booking UK Limited service, and in addition they may directly visit the Vendor's related website or social media accounts to either communicate directly with or purchase from the Vendor. Vendor Booking UK Limited in no way endorses any given Vendor and is not responsible for any communication, payment or other disputes which may arise as a result of facilitating this information. However, the provision of any and all information used for direct communication must not be used in order to organise pop-up event bookings at the related Venue to the Occupant Account, as all booking requests and offers must be placed through the regular Vendor Booking UK Limited booking system.
This service is intended to further aid small business owners and other Vendors through providing a paid platform whereby they may advertise their business to any Occupant Account users. The VBUK Marketplace is currently FREE and all Vendors are automatically enrolled to receive all benefits, as well as to encourage Venue Occupants and the general public to sign up for their own accounts. This service will be a paid optional extra in the future, with no current date for this switchover planned. Vendor Booking UK Limited will request no monies from any sales made by any Vendor as a direct result of advertising via this platform from any subscribing Vendor. Vendor Booking UK Limited cannot guarantee any amount of sales as a result of subscribing to the VBUK Marketplace as the platform is intended as an advertising section of the main Vendor Booking UK Limited website. The VBUK Marketplace is not an e-commerce site as it will not display and retail products and/or services provided by any Vendors with a facilitation for payment. Any and all payments will be made directly between an Occupant and Vendor without intervention from Vendor Booking UK Limited.
To increase potential advertising as a result of the VBUK Marketplace, all Venue user accounts will contain a unique link to invite occupants/residents/members etc. to sign up for an Occupant Account with Vendor Booking UK Limited. This link is clickable and opens an email template which should then be sent to any individual wishing to register by the related Venue user. Each link is unique to the related Venue account and allows the related Occupant Account owner to additionally see all upcoming events at their building via the Public View Diary and Event Calendar used by the main Vendor Booking UK Limited booking service, as well as to View and place their interest in having any given Vendor visit their Venue for a pop-up event, if they are a subscribing VBUK Marketplace user. Additionally, all posters created by the VBUK Poster Generator will include a QR code through which individuals may register for an Occupant Account. It is intended that these posters are displayed in suitable ways at the Venue location as well as on the Vendor's pop-up stall where applicable to encourage Occupant Account signups.
11. Correspondence and Communication
At certain times we will need to email you and in joining the Platform you agree to receive such emails such as booking confirmations, Venue security procedures, specialised requirements and other such communication. However, we will not sell or give away your personal details including email addresses to any third-party, we will only keep your details for our use and may from time to time send you offers and other marketing material that may be of interest. You can ask us (via email) at any time to be removed from our marketing emails.
Any claim or complaint against Vendor Booking UK Limited in respect to any of our services must be promptly submitted by email only, but in any event within 30 days after the date of the claim or complaint. Any claim or complaint that is submitted after the 30 days period may be rejected, and the claimant will forfeit the right to any potential refund or resolution.
12. Disclaimer
Subject to the limitations set out in these Terms and Conditions and to the extent permitted by law, we will only be liable for direct damages actually suffered, paid, or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your subscription or admin fee (whether for one event or series of connected events). However, and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents, or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents will be liable for (i) any punitive, special, indirect, or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, fees and availability) as made available on our Platform, (iii) the services rendered or the products offered by the Vendors or Venues or other business partners, (iv) any (direct, indirect, consequential, or punitive) damages, losses, or costs suffered, incurred, or paid by you, pursuant to, arising out of or in connection with the use, inability to use, or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential, or punitive) damages, losses, or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Platform, Vendor, Venue or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors, or affiliated companies) whose products or service are (directly or indirectly) made available, offered, or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure, or any other event beyond our control. Vendor Booking UK Limited is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness, and due disclosure of the Platform and Booking Service and makes no representations, warranties, or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement, or fitness for a particular purpose. You acknowledge and agree that the relevant Vendor or Venue is solely responsible and assumes all responsibility and liability in respect of the Platform and Booking Service (including any warranties and representations made by Vendor Booking UK Limited or the individual Vendor or Venue). Complaints or claims in respect of the Platform or Booking Service (including related to the offered (special/promotion) price, policy or specific requests made by Vendors or Venues) are to be dealt with by Vendor Booking UK Limited. Vendor Booking UK Limited is not responsible for any tax (personal or government) that may be due for payment either by Vendor or Venue.
Vendor Booking UK Limited certifies, warrants and agrees that they own the copyright to the photos/images that are used on the Platform, apart from photos/images taken or used specifically for Vendor or Venues own personal pages. Anyone wishing to use the uploaded photos/images on a website, app, and in (online/offline) promotional materials and publications must seek permission from Vendor Booking UK Limited and will agree to at the discretion of either Vendor Booking UK Limited or the relevant Vendor or Venue. You are granting Vendor Booking UK Limited a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sub-license, communicate and make available the photos/images as Vendor Booking UK Limited at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, property owners) due to Vendor Booking UK Limited publishing and using these photos/images. Vendor Booking UK Limited does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo and is not the responsibility of Vendor Booking UK Limited. Vendor Booking UK Limited disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Vendor Booking UK Limited at any time and without prior notice.
13. Other associated brands
Any partnered brand noted under the Tools & Offers section of the Vendor Booking UK Limited website cannot be considered a subsidiary or related brand to Vendor Booking UK Limited. Partnered brands may be made available or changed at any time and any dispute must be taken up directly with the related brand, and not directly with Vendor Booking UK Limited. These brands include, but are not limited to, enjoystevie, Dojo, Driving Down, OBN Technology, Gorilla Consulting and GottaBe!.
14. Intellectual Property Rights
Unless stated otherwise, the software required for our services or available at/or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are solely owned by Vendor Booking UK Limited. Vendor Booking UK Limited exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available and you are not entitled to copy, scrape, (hyper-/deep) link to, publish, promote, market, integrate, utilize, combine or otherwise use the content or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our content or would otherwise own any intellectual property rights in the Platform or any content, you hereby assign, transfer and set over all such intellectual property rights to Vendor Booking UK Limited. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
15. Applicable law, jurisdiction & dispute resolution
These Terms and Conditions and the provision of our services shall be governed by and construed in accordance with UK law. Notwithstanding the foregoing choice of law, any person using any of our services for a purpose which can be regarded as being outside their trade or profession (hereafter also referred to as "consumer, Vendor or Venue") can rely on the mandatory provisions of the law of the country where they have their habitual residence (i.e. provisions that, in accordance with the choice-of-law rules of the said country, must apply regardless of this choice-of-law clause; hereafter: "Mandatory Provisions"). Any dispute arising out of these general Terms and Conditions and our services shall exclusively be submitted to the competent courts in England, UK. Notwithstanding the foregoing jurisdiction clause, a consumer may also bring proceedings in respect of enforcement of relevant applicable Mandatory Provisions in the courts of the country in which they are domiciled, and proceedings against a consumer may be brought only in the courts of the country in which they are domiciled.
If any provision of these Terms and Conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms and Conditions.