Pickevent

Terms and Conditions – Pick Event Ltd.

Welcome to the Pickevent website. These terms of use (together with the documents referred to in it and our Privacy Policy) govern your use of the website www.pickevent.com (or any of our other websites including our various top-level domains as well as various sub-domains and aliases of these domains) (collectively our ‘Website’) whether as a website visitor (‘User’) or as a registered user of our Services (‘Customer’) and sets out the agreement that operates between you and us (‘The Terms of Use’). These Terms of Use set out the rights and obligations of all Users and Customers (‘you, your’) and those of Pick Event Ltd (‘us, our, we’) in relation to your use of our Website.

Please read these Terms of Use and our Privacy Policy carefully before you start to use our Website. By accessing and/or using our Website, you indicate that you accept these Terms of Use and our Privacy Policy and that you agree to abide by them. If you do not agree to these Terms of Use and our Privacy Policy, please refrain from using our Website.

Additionally, if you register as a Customer of our Services you will also be required to abide by our Subscription Agreement.

Information About Us

www.pickevent.com is a website operated by Pick Event Limited (‘we’). We are registered in England under company number 08219885 and have our registered office at Lynton House, 7-12 Tavistock Square, London, WC1H 9LT. Our VAT number is 150411755.

Accessing our Website

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or our entire Website, to Users and/or our Customers.

If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures (‘Login Details’), you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any Login Details, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use. If you have any concerns about your Login Details or you think they have been misused, you should contact immediately to let us know.

You are responsible for making all arrangements necessary to gain access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use, and that they comply with them.

Intellectual Property Rights

Intellectual Property Rights means patents, rights to inventions, know-how, copyright and related rights, moral rights, trademarks and service marks, trade names and domain names, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, rights in design, rights in computer software, database rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. We are the owner or the licensee of all Intellectual Property Rights in our Website, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

In respect of all material and content that you submit to or post on our Website (your ‘Contributions’), you grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.

You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our Website (excluding your Contributions) in any way except for your own personal, non-commercial use.

You must not use any part of the materials on our Website for commercial purposes without obtaining a license to do so from us or our licensors.

Our Website Changes Regularly

We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

Our Liability

We have taken every care in the preparation of our Website. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Website. If we are informed of any inaccuracies on our Website we will attempt to correct this as soon as we reasonably can.

The material displayed on our Website is provided on an ‘as is’ basis without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
Any liability for any direct, indirect or consequential loss or damage incurred by any User and/or Customer in connection with our Website or in connection with the use, access, inability to use or access, or results of the use or access of our Website, any third party websites linked to it (in particular our publisher network) and any materials posted on it and/or such third party websites, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information About you and your Visits to our Website

We process information about you in accordance with our Privacy Policy. This is described in more detail in our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate and that you have the consent of all those whose personal data have been disclosed, for such processing of their personal data.

Uploading Material to our Website

Whenever you make use of a feature that allows you to upload material to our Website, or to make contact with other Users of our Website, you must comply with all applicable laws and our Content Standards. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their Intellectual Property Rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of our Website.

We have the right to remove Contributions you make on our Website if, in our opinion, such material does not comply with our Content Standards.

Viruses, Hacking and other Offences

You must not misuse our Website by knowingly introducing anything or any device (including any software, code, file or program) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, Trojan horses, viruses, logic bombs, time-bombs, keystroke loggers, spyware, adware and other similar things or devices.

You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you may commit a criminal offence and we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

Prohibited Uses

You may use our Website only for lawful purpose. You may not use our Website:

In any way that breaches any applicable local, national or international law or regulation;
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
For the purpose of harming or attempting to harm minors in any way;
To send, upload, download, use, re-use or knowingly receive any material which does not comply with our Content Standards (see section 13 below);
To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
To transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to produce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of these Terms of Use.
Not to access without authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Website; or
- any equipment or network or software owned or used by any third party.

Offline Conduct

Although we cannot monitor your conduct off our Website, it is also a violation of these Terms of Use to use any information obtained from our Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person without their prior explicit consent.

Interactive Services

We may from time to time provide interactive services on our Website, including, without limitation, blogs, bulletin boards, chat rooms (collectively ‘Interactive Services’). Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for Users (and in particular, for children) from third parties when they use any Interactive Service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a User in contravention of our Content Standards, whether the service is moderated or not.

Content Standards

These content standards apply to any and all material which you contribute to our Website (‘Contributions’), and to any interactive services associated with them (‘Content Standards’).

You must comply with the spirit of the following Content Standards as well as the letter. The Content Standards apply to each part of any Contribution as well as to its whole.

Contributions must:

be accurate (where they state facts);
be genuinely held (where they state opinions);
comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

Contain any material which is defamatory of any person;
Contain any material which is obscene, offensive, hateful or inflammatory;
Promote sexually explicit material;
Promote violence;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Infringe any copyright, database right or trade mark of any other person;
Be likely to deceive any person;
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
Promote any illegal activity;
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
Be likely to harass, upset, embarrass, alarm, or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
Give the impression that they emanate from us, if this is not the case;
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Linking to our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the Content Standards (see section 13 above).

If you wish to make any use of material on our Website other than that set out above, please address your request to .

Links from our Website

Where our Website contains links to other websites (in particular to our publisher network) and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Suspension and Termination

We will determine, in our discretion, whether there has been a breach of these Terms of Use and/ or our Subscription Agreement (collectively ‘Global Terms of Use’) by your use of our Website. When a breach of these Terms of Use has occurred, we may take such action as we deem appropriate.

Failure to comply with the Global Terms of Use constitutes a material breach of the terms upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our Website;
Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
Issue of a warning to you;
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
Further legal action against you;
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of the Global Terms of Use. The responses described in the Global Terms of Use are not limited, and we may take any other action we reasonably deem appropriate.

Indemnity

You agree to indemnify us and keep us indemnified (including our directors, agents, servants and employees) against all losses, costs, charges, demands, proceedings, damages, actions, expenses and claims howsoever incurred by us as a result of your use of our Website or a breach by you of any of these Terms of Use.

In the event that your Contributions infringe any rights of any third party, you shall, at your wn expense and at our discretion, either obtain the right to use such Contribution or render such Contribution free of any infringement.

Trade Marks

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are legally binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Website.

If we fail to insist upon strict performance of any of your obligations under any of these Terms of Use, or if we fail to exercise any of these rights or remedies to which we are entitled under these Terms of Use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance of such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of your obligations under these Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

If any term, condition or provision (or part thereof) of these Terms of Use are determined by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal to any extent, such term, condition or provision (or part thereof) 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.

Variations

Waiver

Severability

Entire Agreement

The terms of the Privacy Policy posted on our Website are incorporate by reference herein.

These Terms of Use, our Privacy Policy and any other terms accepted by you in connection with your use of our Website represent the entire agreement and understanding between you and us in relation to their subject matter and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing, relating to the subject matter they cover.

Both you and us acknowledge that neither you nor us has relied on any representation, undertaking, assurance, statement, representation, warrant or promise given by the other or be implied from anything said or written in negotiations between you and us except as expressly stated in these Terms of Use.

Jurisdiction and Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Relationship to other Agreements

These Terms of Use apply in addition to (and not in lieu of) the Pick Event Ltd Subscription agreement. If you entered into one or more Booking Forms for our Service, these Terms of Use apply in addition (and not in lieu of) the Subscription Agreement.