1. INTRODUCTION TO TERMS AND CONDITIONS
Services/packages provided by What’s On Group Ltd are at all times subject to these terms and conditions. By using our services, you confirm your acceptance of, and agree to be bound by, these term and conditions. These terms and conditions, together with any completed contract entered into, shall constitute the “agreement” between you and What’s On Group Ltd and we reserve the right to terminate the contract and/or the terms and conditions at any time.
2. AGREEMENT DATE
This Agreement takes effect on the date on which you order our services.
3. INFORMATION PROVIDED BY YOU
You confirm that the name, address and payment information that you provided when you placed your order with What’s On Group Ltd is correct and you agree to notify What’s On Group Ltd of any changes in these details. You accept responsibility for the accuracy, truthfulness and reliability of any information which you place or ask to have placed with us. You warrant that you are authorised to promote and/or provide any information which you place or ask to have placed with us.
What’s On Group Ltd will take reasonable and extensive steps to ensure the security of our site. If you find evidence of unauthorised infiltration, please notify What’s On Group Ltd and we will implement measures to prevent further infiltration and notify the proper authorities.
You shall be entirely responsible for the content of any services provided and any civil or criminal liability incurred by or stemming from the use of said services and agree to abide by the following:
You will not publish, post, distribute or disseminate defamatory, discriminatory, infringing, obscene, indecent or unlawful material or information.
You will not abuse, disrupt or violate the personal, private or public legal rights of others.
You will not engage in illegal or unlawful activities nor act in a manner which controverts applicable law or regulation in regard to use of our services.
You will not make available any material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
You agree to keep secure your password and other confidential information relating to your account.
You agree to pay all charges stipulated in your contract at the prices in effect at the beginning of your subscription period, without any set-off or other deduction.
If you advertise or offer to sell goods or services via What’s On Group Ltd services, you agree to comply with all relevant legislation including Advertising and Broadcast regulations, Consumer Credit Acts and Trades Descriptions Acts.
7. WARRANTIES AND LIMITATION OF LIABILITY
What’s On Group Ltd warrants that its services will be provided using reasonable care and skill.
We shall not be liable to you for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by What’s On Group Ltd ‘s negligence or the negligence of its servants or agents or otherwise) which arise out of or in connection with the provision of any goods or services by What’s On Group Ltd.
What’s On Group Ltd shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations. Any estimates given by What’s On Group Ltd as to the time of completion or performance of its services (whether completion of the whole or a part of those services) or costs of said services shall be regarded as estimates only and therefore not binding.
What’s On Group Ltd shall take reasonable care to secure your web pages from the introduction of any computer viruses. We will not be liable for any virus unknowingly introduced to your system or for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or any claims which arise from the introduction of or subsequent problems caused by any such virus.
While every effort will be made to ensure the continuous performance and availability of our services, What’s On Group Ltd shall not be liable for any loss or delays of service nor shall it be liable for any costs, compensation, expenses, damages, claims or otherwise resulting from any inability to provide said services for any period of time.
1. Notwithstanding contrary clauses in this Agreement, in the event that What’s On Group Ltd are deemed liable to you for breach of this Agreement, you agree that What’s On Group Ltd’s liability is limited to the amount actually paid by you for your subscription, which amount calculated in reliance upon this clause. You hereby release What’s On Group Ltd from any and all obligations, liabilities and claims in excess of this limitation. To the maximum extent permissible by law, What’s On Group Ltd excludes all warranties except those that are expressly set out in the terms and conditions.
You agree to indemnify What’s On Group Ltd from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims based upon or relating to your web pages, including but not limited to any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property, other rights or any other claims whatsoever.
What’s On Group Ltd will notify you promptly of any claim for which What’s On Group Ltd seeks indemnification at the currently supplied address. What’s On Group Ltd will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to What’s On Group Ltd’s interests, as reasonably determined by What’s On Group Ltd and/or its lawyers.
9. NOTICES AND CONSENTS
Any notice, request or other communication to either party by the other under this Agreement shall be given by Email, fax or conventional mail and shall be confirmed by conventional mail.
10. ASSIGNMENT OF RIGHTS
You shall not assign this Agreement or any benefits or interests arising under this Agreement without What’s On Group Ltd’s prior written permission, such not to be unreasonably withheld.
As part of our ongoing commitment to quality development What’s On Group Ltd reserves the right to alter the specification, appearance, formatting or otherwise of any services/packages relating to this agreement.
12. GENERAL TERMS AND LAW
This Agreement is governed by the laws of England and Wales. Any disputes arising, out of or in connection with these terms and conditions are subject to the exclusive jurisdiction of the English Courts.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Whatsongroup as a result of your use of these services. You agree not to hold yourself out as a representative, agent or employee of What’s On Group Ltd. You agree that Whatsongroup will not be liable for any representation, act or omission to act by you.
What’s On Group Ltd ‘s performance under this Agreement is subject at all times to existing laws and legal process.
If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continue to apply in full force and deemed not to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).
14. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between What’s On Group Ltd and you with respect to your use of services provided by What’s On Group Ltd, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between What’s On Group Ltd and you with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement. Nothing in these terms and conditions shall operate to exclude or limit either party’s liability for fraud.
The address for communication to What’s On Group Ltd by conventional mail unless you are otherwise notified shall be:
What’s On Group Ltd
The telephone number shall be 0117 963 2263
The facsimile number shall be 0117 963 2330
The Email address shall be firstname.lastname@example.org