Terms and Conditions
WHAT IS IN THESE TERMS
the reservation of VIP areas, areas, booths, tables, events or otherwise, including any associated products at Venue and Reservations shall be construed accordingly;
a person who has registered to use the App, and/or that uses the App to make Reservations, and Users shall be construed accordingly;
a specific venue, includes but is not limited to nightclubs, bars, pubs and live music venues which offers and accept Rvations from Users via the App.
WHO WE ARE AND HOW TO CONTACT US
The App is owned and operated by Club Global Ltd (company number: 10791248) (“we”, “our” or “us”, as applicable). For further information about Club Global Ltd you can contact us by e-mailing us here: [email@example.com] or writing to us at: Club Global, St Georges, Llwyngwril, Gwynedd, LL37 2QR.
OUR SERVICE TO YOU
We act as agent for the Venue by facilitating Venues to advertise available Reservations to Users, Users may then choose to place a Reservation with a Venue via the App. Once a Reservation is placed and accepted by a Venue, a contract will form between you and the Venue and the Venue’s own terms and conditions will apply in respect to that Reservation, cancellations or any refunds.
The Venue’s own terms and conditions can be found at the relevant venues own website, please ensure that you have read, understood and familiarised yourself with the Venue’s individual terms, rules or regulations prior to placing a Reservation.
We do not have any control over any Venue, Reservation fulfilment or the service provided by a Venue.
Any booking fee taken by Club Global Limited for provision of our services is non-refundable.
BY USING THE APP YOU ACCEPT THESE TERMS
Save where expressly stated to the contrary, these Terms apply to all Users. By using this App or creating an account you agree to these Terms which will bind you each time you use the App.
The ways in which you can use the App may also be controlled by the rules and policies of the consumer app store from which you downloaded the App. Such rules and policies, (including the permission you obtain to install the App on your Device) will apply in addition to these Terms.
You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges.
You need to be 18 years of age to use the App. By creating an account, you represent and warrant that you are at least 18 years old or older. If you do not agree to any of the Terms, please do not use the App.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or use the App on any Device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the Device.
WE MAY MAKE CHANGES TO THESE TERMS
We may amend these Terms from time to time. Every time you wish to use our App, please check these Terms to ensure you understand the Terms that apply at that time.
WE MAY SUSPEND OR WITHDRAW THE APP
The App is made available free of charge however the User may incur charges within the App for Reservations.
We do not guarantee that the App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the App for business and operational reasons.
From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
You are required to register and create an account with us to use the App (“Account”). You must keep your registration and Account details confidential. If you become aware of any misuse or unauthorised use of your registration and Account details, you must inform us immediately by using the contact details provided above.
If you breach any of these Terms we may (at our sole discretion) terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation temporarily or permanently blocking specific IP addresses), at any time and without the need to give you prior notice.
HOW TO MAKE A RESERVATION
To make a Reservation, please follow the instructions on the App. You will need to provide credit or debit card details to secure the Reservation. Reservations made via the App be shall be processed through Stripe Connect.
Requesting a Reservation via the App (“Reservation Request”) does not guarantee that a Reservation has been made or confirmed. Reservations are subject to the Venue accepting a Reservation Request which will then be notified to you via the App.
When a Reservation is accepted you agree to the Venue’s own terms and conditions in respect of the Reservation, which may be stated either on their website, or on or via a link from the Venue’s page or area on the App.
All purchases made through the App are non-refundable.
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms you may:
- download or stream a copy of the App onto multiple mobile device and view, use and display the App and the Service on such devices for your personal purposes only;
- provided you comply with the section “LICENCE RESTRICTIONS”, make up to 2 copies of the App for back-up purposes; and
- receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
You must not:
- use the App or Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these Terms);
- use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- use the App to impersonate another person or otherwise misrepresent your affiliation with a person or entity; or
- collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
You agree that you will:
- except in the course of any permitted sharing under the terms of the relevant app store, not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where the App contains links to other sites and resources provided by third parties (including Venues), these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App and the Services belong to us (or our licensors) and the rights in the App and the Services are licensed to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these Terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App and the Services are provided for general information purposes and to facilitate Reservations with Venues only. They do not offer advice on which you should rely. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
We are not responsible for any Venue, Reservation fulfilment or the service provided by a Venue. We are not be liable for any damages, loss or injury (save where it would be unlawful for us to not be liable) of any kind incurred by you arising from any completed Reservation, your attendance at a Venue, or from any technical or other failure on the part of a Venue or it’s systems or hardware. It is your responsibility to seek, understand and familiarise yourself with the Venue’s individual terms, rules or regulations prior to attending the Venue and we shall have no liability to you in the event you are refused access to a Venue for non-compliance with such terms, rules or regulations.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
We have the right to disable any Account at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.
If we end your rights to use the App:
- you must stop all activities authorised by these Terms, including your use of the App and any Services; and
- you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at INFO@CLUBGLOBAL.COM or call them on.
If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
Please note that we act as agent for the Venue by facilitating Reservations with Users and we are unable to deal with any questions or disputes which may arise in respect to a Reservation with a Venue. Such enquiries should be communicated directly to the Venue.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
We act as agent for the Venue by facilitating Reservations with Users and we are unable to deal with any questions or disputes which may arise in respect to a Reservation with a Venue. Such enquiries should be communicated directly to the Venue.
These Terms are governed by English law. Either you or we can bring legal proceedings in connection with these Terms or the App in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Nothing in these Terms will deprive you of your rights as a consumer to bring or defend proceedings in your home state, nor deprive you of the protection given to you by the laws of the country in which you live.