TERMS OF WEBSITE USE
Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
Reliance on information posted & disclaimer
The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.
We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.
Information about us
www.bookitzone.com is a site operated by BookitZone Ltd ("We"); we are a company registered in England and Wales under registration number 08175189. Our registered office is Bank House, 6-8 Church St, Adlington, Chorley PR7 4EX. Our operational office is located in Blackrod, Bolton Lancashire.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Our liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, 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 in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- 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 or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
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 site
Any personal information you provide will be dealt with accordance with current data protection law and in accordance with our privacy policy. Further details about how your information is used, your data protection rights and how to make a complaint about our use of your information can be found within our privacy policy.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 site 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 site or to your downloading of any material posted on it, or on any website linked to it.
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.
Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
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.
Trade marks
'BookitZone' and 'List, Search & Enter Events Online...' are UK registered trade marks of BookitZone Ltd.
Variations
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 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 site.
Your concerns
If you have any concerns about material which appears on our site, please contact info@bookitzone.com.
Ticket Purchase Terms and Conditions
BookitZone Limited is a company incorporated England and Wales with company number 08175189 and having its registered office at Bank House, 6-8 Church St, Adlington, Chorley PR7 4EX;
Set out below are the terms and conditions (the “Terms”) you are agreeing to when you purchase a ticket or in the case of a participative event an entry (the “Ticket”) to gain entry to an Event advertised and for which tickets are available via the Website (‘the Event’) from BookitZone.com (the “Website”).
You should read, and ensure that you understand, all of the Terms prior to purchasing a ticket for the Event. If you do not agree to be bound by these Terms then you should not purchase a ticket.
General
1. This ticket remains the property of the Event Organiser. Tickets may not be transferred, sold, offered for sale, coupled or bundled with any other product or services, or used for any commercial or promotional purposes whatsoever without the consent of the Event Organiser.
2. We do not represent or guarantee the truthfulness, accuracy or reliability of any material contained on the Website. All such material is intended as information only and does not constitute advice. You acknowledge and agree that any reliance on material contained on the Website is at your own risk. Tickets are subject to availability and while stocks last. We take no responsibility for the validity or failed application of any Ticket.
3. Tickets are purchased for the Event and the Event Organiser reserves the right to alter or vary any support programme, or any aspect of the Event (including, but not limited to, the venue and date or time of the Event) without refund of money or exchange of Ticket.
4. The Event Organiser is unable to offer refunds or exchanges in respect of tickets purchased (unless specified otherwise) unless the Event is cancelled. All Tickets are not transferable to other events and are strictly not for resale. In the event that the Event is cancelled please see the Website for details of how to claim a refund (where allowed by the event). Any refunds issued will NOT include the original booking fee paid as this covers the administrative costs associated with processing your original entry and payment.
5. This Ticket is sold subject to the terms and conditions of the Event Organiser and/or the Event which are available to view on the Website and if it is used in breach of these terms the holder may be refused entry to or rejected from the Event. By making a purchase of a Ticket via the Website you agree to the Event Organiser's ticketing terms.
6. All Tickets are security printed and should be purchased direct or through an official ticket agency. Any attempt to present any other Ticket may lead to refusal of admission and possible prosecution.
7. Where applicable, we aim to dispatch Tickets as soon as possible. We are not able to specify the exact dates of dispatch. Please allow as much time as possible for your tickets to arrive. If your tickets have not arrived five days before the Event please contact Us. Please include your booking reference number and the name and postcode the booking is under. We only post Tickets to the billing address of a credit card. If the address in your booking does not correspond to that held by your credit card company, We may cancel your Tickets.
8. Please keep your Ticket safe and in a good condition as a duplicate Ticket will not be issued and we are not responsible if it is lost or stolen and a defaced or illegible Ticket may become invalidated.
9. It is your responsibility to ensure that the Event has not been cancelled (or altered or varied by the Event Organiser in accordance with clause 3); we do not guarantee that you will be informed by the Website of the Event being cancelled, altered or varied before the date of the event. The Event Organiser will use reasonable endeavours to inform you as soon as possible that the Event has been cancelled, altered or varied.
10. It is your responsibility to check the Ticket, mistakes cannot always be rectified.
11. While we try and ensure that all prices on Our website are accurate, errors may occur. If we discover an error in the price of Tickets you have ordered, We will inform you as soon as possible and give you the option of reconfirming your order at the correct price (and credit or debit your account as applicable) or cancelling your order. If we are unable to contact you, you agree that we may treat the order as cancelled. If you choose to cancel after you have already paid the incorrect ticket price for the tickets, you will receive a full refund from us.
12. The Event Organiser reserves the right to alter your seat allocation or other features of your Ticket without prior notice. If this is necessary for whatever reason, the Event Organiser will reimburse any reduction in value between the original and altered seat allocation.
13. The Event Organiser reserves the right to refuse admission and to remove persons from the premises for any reason where necessary. The Event Organiser may have to conduct security searches to ensure the safety of persons at the Event.
14. No animals or children under the age of 5 or babes in arms will be admitted to the venue or any car park unless specifically allowed by the Event Organiser.
15. The use of photographic equipment is allowed for private domestic purposes only. All other recording and any transmission is prohibited including (without limitation) recording of any data, information or results of or relating to the Event and any participant. As a condition of entry to the Event you assign (by way of a present assignment of future copyright) the copyright in any photographs or recordings you make at the Event to the Event Organiser.
16. We are not the Event Organiser or promoter and are not responsible for any loss, injury or damage, howsoever caused, suffered in the course of the Event or in connection with it.
17. Tickets are issued subject to the rules and regulations of the venue and in particular the list of prohibited items set out in it.
18. No unauthorised trading is permitted within the venue or any official car parking facility.
19. In the interests of public safety, the Event Organiser reserves the right to request the ticket holder to leave the venue at any time for safety reasons or immediately after the Event. No admission or re-admission is permitted after the end of the Event.
20. All liability is excluded to the maximum extent permitted by law including any implied terms. Your rights as a consumer are not affected.
21. The exclusions of liability set out in these Terms shall not apply to any damages arising from death or personal injury caused by our fraud or negligence, or that of our employees or agents.
22. Nothing in these Terms shall, whether directly or indirectly, give or be deemed to give any enforceable benefit of any kind to any third party as against us.
23. Any failure or delay by us to enforce any of these Terms shall not be considered a waiver by us of our right to enforce such term or condition of these Terms.
24. Any personal information you provide during your use of the Website will be dealt with accordance with current data protection law and in accordance with our privacy policy. For further details about how your information is used, your data protection rights and how to make a complaint about our use of your information can be found within our privacy policy.
25. These Terms shall be governed by and construed in accordance with laws of England. By accepting these Terms you submit to the non-exclusive jurisdiction of the English courts.
Event Organiser Terms and Conditions (“EOTC”)
1. Definitions:
1.1. In this Agreement, the following words and expressions shall have the following meanings unless inconsistent with the context:
‘Agreement’ means the Contract and EOTC and in the event of inconsistency the Contract shall apply in priority to these EOTC;
‘Booking Fee’ means the fee charged which is to be paid by the Customer for the purchase of a Ticket for the Event, the level of Fee can be found at www.bookitzone.com/services
‘Business Day’ means any day which is not a Saturday or Sunday, or bank holiday in any part of the United Kingdom;
‘Content’ means the brand, trade name, Intellectual Property Rights and all other materials supplied to us by the Event Organiser for use in the Service provided;
'Contract' means the form of agreement between You and Us incorporating these EOTC;
‘Customer’ means a legal person who purchases one or more tickets for an Event;
‘Customer Terms and Conditions’ means those terms and conditions applicable to the Customer from time to time;
‘Designated Client Account’ means a separate nominated deposit account in which the Funds shall be held for You from which distributions to You shall be made in accordance with the terms of this Agreement.
‘Event’ means the event which we shall provide the Service for;
‘Event Invoice’ means the request made by You via the Website [https://bookitzone.com/event-invoices.html] for payment of the Net Event Funds for the Event, specifying the account details to which that payment should be made;
‘Event Organiser’ means the commercial enterprise and any authorised person acting on your behalf who has registered with us via the Website to use the Service and is a party to the Contract;
‘Fees’ means the sums that you agree to pay to us in accordance with clause 5;
‘Funds’ means the ticket price charged to the Customer for the purchase of a Ticket for the Event which includes a booking fee;
‘Handling Fee’ means the sums that you agree to pay to us in accordance with our Handling Fee Policy which can be found at www.bookitzone.com/services;
‘Intellectual Property Rights’ means any copyrights, analogist rights, trade marks, know-how and other proprietary intellectual property rights;
‘Net Event Funds’ means the Funds received from the sale of each Ticket for your Event, minus the Handling Fee and the Booking Fee;
‘Refund Fee’ means the sums that you agree to pay to us in accordance with our Refund Fee Policy which can be found at www.bookitzone.com/services;
‘Service’ means Ticket sale management for the Event;
‘Term’ means the period during which the Agreement shall be in force, beginning on the date of the Contract (the ‘Commencement Date’) and continuing for the period provided for in the Contract;
‘Terms’ means the Event Organiser’s own terms and conditions applicable to the Event;
‘Ticket’ means a ticket (or tickets) or an entry in a participative event sold to a Customer, which include, but are not limited to an e-ticket or mobile ticket;
‘Venue’ means each individual premises of the Event Organiser at which an Offer may be redeemed;
‘Website’ means www.bookitzone.com;
‘We’, ‘Us’, ‘Our’, the ‘Company’ the preceding words and expressions shall have the following meanings unless inconsistent with the context: BookitZone Limited a company incorporated in England and Wales with company number 08175189 and having its registered office at Bank House, 6-8 Church St, Adlington, Chorley PR7 4EX;
‘You’, ‘your’ means the Event Organiser.
1.2. Unless the context otherwise requires, reference to any clause, sub-clause or schedule is to a clause, sub-clause or schedule (as the case may be) of or to this Agreement.
1.3. Headings under this Agreement are for reference only and shall not be any indication of the meaning of the clauses and sub-clauses to which they relate.
1.4. Reference to any statutory instrument shall include any amendments, re-enactments or consolidations from time to time and also any subordinate instrument made under it.
1.5. Reference to a person includes a legal person of any type.
2. BookitZone Ltd:
2.1. We require You to register with Us on the Website, to enable You to create an Event on Our Website and for Us to collect payments online on Your behalf in respect of the Service provided for Your Event.
2.2. We act solely as an intermediary between You and the Customer and take no responsibility for any goods and/or services the Customer receives from You through the purchase of a Ticket for the Event or for the performance of any obligation undertaken by any Customer to You or vice versa.
2.3. Each user will accept Our website terms available at www.bookitzone.com/terms
3. Our Rights and Obligations:
3.1. We agree:
3.1.1. Subject to the terms of this Agreement, to provide You with the Service for the Term.
3.1.2. To provide access to the Website for the Customer to purchase Tickets for the Event. In this respect, We do not represent or warrant that access to the Website, or any part of it will be uninterrupted, reliable or fault free.
3.1.3. To create and electronically distribute the Ticket on Your behalf to Customers who have purchased Tickets in accordance with the Customer Terms and Conditions and the Terms.
3.2. We reserve the right at Our sole and absolute discretion and without notice to:
3.2.1. Deny or withhold access from You to the Website if You are in breach of the terms of this Agreement; and
3.2.2. Decline, reject, cancel, edit or remove any Event if the Content for use in the Event would be in breach of clause 4.1.6 below. We will inform You, where reasonably practicable, of any objections We have to the Content.
4. Your Rights and Obligations:
4.1. You warrant that:
4.1.1. The information that You provide in the registration process is accurate and complete;
4.1.2. You are authorised to enter into contracts to bind Your business;
4.1.3. The listing of the Event is not fraudulent in that You fully intend to hold the Event and will use Your best endeavours to do so and shall only cancel the Event as a last resort having first considered all other alternatives;
4.1.4. No charity or charities in aid of which any Event is being held is involved with the listing of any Event in contravention of clause 4.1.3;
4.1.5. You and all persons providing the goods and/or services in the Event has, at all times all requisite licences, consents, authorisations, accreditations, training and qualifications to do so;
4.1.6. You are the owner of the Content, or alternatively that You have obtained the necessary consent(s) from the owner(s) of the Content to sub-licence any Intellectual Property Rights which it uses or licences to Us;
4.1.7. You have the right to grant Us a non-exclusive, perpetual, irrevocable, royalty-free licence for the duration of this Agreement, to use the Content.
4.1.8. The Content and Event shall not:
4.1.8.1. Break any laws or incite or encourage others to break such law, or infringe the rights or privacy of any person or legal entity;
4.1.8.2. Be discriminatory in any way;
4.1.8.3. Be pornographic, obscene, profane, vulgar, or contain swearing;
4.1.8.4. Defame any person, entity or organisation;
4.1.8.5. Solicit business or compete with Us in any way; or
4.1.8.6. Be otherwise offensive in Our reasonable opinion
and We reserve the right to refuse to deal with any Content, Advertisement or Offer that We consider to be in contravention of this clause and to remove any such Content, Advertisement or Offer at any time without liability to You.
4.2. You undertake that You agree to and will abide by Our Privacy Policy as displayed on the Website from time to time.
4.3. You will provide details of Your Event by following the on-screen upload process within the Event Organiser administrative area of the Website or by providing Us with the details of Your Event to upload and You shall be solely responsible for the accuracy and maintaining the accuracy of the Content that You provide.
4.4. You accept that You must provide the Terms for each Offer including admission terms.
4.5. You will notify all Customers via the Website as soon as reasonably practicable if the Event is altered, varied or cancelled. In the event that You or one of Your employees or agents makes a change to the Event details (alteration, variation or cancellation) then it is Your responsibility to inform the Customer of that change and no liability in respect of such change shall lie with Us.
4.6. You must:
4.6.1. Honour each Ticket sold for Your Event in performance of this Agreement, upon the Customer presenting to You a valid Ticket in accordance with the Terms save where the Customer is in breach of your Terms;
4.6.2. If ownership or control of Your business is transferred, You will use Your reasonable endeavours to ensure that the transferee will also do so unless the transferee is an Associate of You (as defined in section 435(6) of the Insolvency Act 1986) in which case You shall procure that it will do so;
4.6.3. Not impose any terms and conditions upon the Customer seeking to redeem the Ticket in addition to the Terms.
4.7. For the avoidance of doubt, You are responsible for the failure of any Ticket, which a Customer has validly acquired.
4.8. You acknowledge and agree that any disputes relating to a Ticket generally and in the event of a Ticket refund or the cancellation of an Event are between You and the Customer.
4.9. You agree to act reasonably and co-operatively with Us in the event that We are required to investigate any illegal activity.
5. Payment
5.1. We agree to:
5.1.1. accept and process the payment received from the Customer for the purchase of a Ticket for Your Event through our Website;
5.1.2. to pay the Funds into a Designated Client Account;
5.1.3. charge the Customer a Booking Fee and deduct from the Funds the Booking Fee payable by the Customer; and
5.1.4. deduct from the Funds Our Handling Fee.
5.2. Following the completion of the Event, You shall as soon as reasonably practicable submit an Event Invoice to Us following the receipt of which We shall submit to You a statement setting out the Funds received by Us in relation to that Event and which have been paid into the Designated Client Account.
5.3. Within 28 days of receipt of the Event Invoice We shall transfer the Net Events Funds in respect of the Event.
5.4. It is Your responsibility to claim the Funds and if within 90 days of the date of the Event, You have not created an Event Invoice We are entitled to retain all Funds paid into the Designated Client Account and We shall not be liable for the payment of these Funds to You.
5.5. We reserve the right to increase Our Booking Fee, Handling Fee and Refund Fee, We will give You written notice of any such increase within one calendar month of the date of the increase.
5.6. We may at any time, without notice to You, set off any liability owed by You to Us against any liability owed by Us to You, whether either liability is present or future, liquidated or unliquidated, and whether or not liability arises under this Agreement. Any exercise by Us of Our rights under this clause shall not limit or affect any other rights or remedies available to Us under this agreement or otherwise.
6. Cancelling of the Event and refunds
6.1. If we receive written notice from You requesting a cancellation of the Event We shall be under no liability to You for any loss which You may sustain in consequence of any such cancellation.
6.2. We will deal with Customer cancellations and cancellations by You in accordance with this clause 6 and the cancellation terms included in your Terms as provided by You subject to compliance with applicable laws which will take precedence.
Refunds to be issued and processed by You
6.3. If You opt to deal with refunds owed to the Customer following the cancellation of the Event, We are under no obligation to refund any monies to the Customer. For the avoidance of doubt we shall be under no liability to You or the Customer for any refunds not paid to the Customer, any errors in issuing refunds, or lack of funds arising as a result of the operation of clauses 6.4 and 6.5. In the event that the Customer contacts Us with regard to a refund in these circumstances We shall inform the Customer to contact You directly using Your contact details.
6.4. Within 14 days of You providing written notice in accordance with clause 6.1 We shall:
6.4.1. submit to You a statement setting out in respect of the Event, the Funds received by Us and paid into the Designated Client Account; and
6.4.2. transfer into Your nominated account the unpaid part of the Net Event Funds in respect of the Event.
Refunds to be issued and processed by Us
6.5. Once We receive written notice from You in accordance with clause 6.1 We will invoice You for the Handling Fee, Booking Fee and Refund Fee due for the cancelled Event.
6.6. The Refunds issued by You and to be processed by Us via the Website will be processed as soon as reasonably practicable following payment in full and in cleared funds to a bank account nominated in writing by Us of the fees described in clause 6.5 and, in any case, within 30 calendar days of receiving the cleared funds.
6.7. We will refund the Funds to the credit card or debit card used by the Client to pay for their Ticket. ONLY the entrance fee (or part thereof) will be refunded. The original booking fee charged for processing the original entry will not be refunded.
7. Donations
7.1. Where You wish to enable Customers to make charitable donations in relation to an Event through the Website then You must provide Us with details of the designated charity or charities and their respective registered charity numbers.
7.2. Customers shall be provided with the facility to make such donations at the point at which they purchase a Ticket whereupon they shall be given the opportunity to add Gift Aid to their donation, such Gift Aid to be claimed either by You on behalf of the designated charity or charities or by the designated charity or charities themselves.
7.3. We shall inform You of the amount of donations collected and due to You, which You shall itemise within the invoice to be raised in accordance with clause 8.3.3. We shall account such donations directly to You following the Event and in accordance with clause 8.3.3 except where clause 7.4 applies.
7.4. Where We reasonably deem acting in Our absolute discretion that You are in breach of clause 4.1.3 above then We shall account the donations directly to the designated charity or charities.
7.5. You agree and acknowledge that where We make a determination in accordance with clause 7.3, that We may report You and any designated charity or charities to the requisite authorities.
8. Sale of Your Products
8.1. Where You wish to enable Customers to purchase any of Your products (Product) in relation to an Event through the Website then You must provide Us with:
8.1.1. full details of each Product, including materials, description and any special criteria and/or features;
8.1.2. what sizes and colours the Product is available in;
8.1.3. what quantities of the Product are available;
8.1.4. the price that You would like each Product to be sold at (Price); and
8.1.5. such other information as is from time to time requested by Us from You including but not limited to Your contract details.
8.2. You warrant that at all times, the Products shall not breach any of the conditions set out in clause 4.1.8 and You acknowledge that We may at Our absolute discretion and without reason refuse You permission to sell any Product(s) through the Website.
8.3. You agree and acknowledge that:
8.3.1. notwithstanding the fact that the Products will be displayed on the Website, You shall remain the vendor of the Products and the contract for the sale of a Product shall be between You and the Customer and We are merely an agent facilitating the sale of the Products by providing a conduit through which they may be sold. For the avoidance of doubt, amongst other things, this means that You shall be wholly and completely responsible for issuing refunds to the Customer where and to the extent that the Customer is ever entitled to receive such a refund;
8.3.2. We shall charge You a commission in respect of each Product which is sold through the Website, equivalent to (5% of the Price) (Commission);
8.3.3. You shall raise an invoice for all sums due to You following the Event and that We shall within 30 days of receipt of the relevant invoice account to You the donations in accordance with clause 7.3 and the balance of the sums due to You in respect of the sale of the Products, equivalent to Price - Commission;
8.3.4. the terms and conditions upon which You shall be required to sell the Products are those set out by Us and accessible via [https://bookitzone.com/sale-terms.html] (Sale Terms) and You shall at all times adhere to the Sale Terms unless and to the extent that We provide You with the ability to supplement and vary these (such proposed variations to be agreed to or rejected at Our absolute discretion); and
8.3.5. where You breach the Sale Terms or We reasonably believe that permitting You to sell the Products through the Website is causing Us any loss or damage, then We may suspend or revoke Your ability to sell Products through the Website.
9. Intellectual Property
9.1. The Intellectual Property Rights in the material contained on the Website, together with the Website design, images and source code and the name and designations of the Website and Service belongs to Us or is licensed to Us and all rights are reserved.
9.2. You are in no way permitted to use any Content on the Website, where such use may constitute an infringement of the proprietor’s Intellectual Property Rights.
9.3. The licence of Intellectual Property Rights granted pursuant to clause 4.1.4 shall cease upon the expiry or termination of this Agreement.
10. Data Protection
10.1. In this clause 10, the following terms shall have the following meanings:
“Customer Personal Data” means personal data of a legal person who purchases one or more tickets for an Event.
“Data Protection Legislation” shall mean the Data Protection Act 1998, the EU Data Protection Directive 95/46/EC, the General Data Protection Regulation (EU) 2016/679 (GDPR), the Privacy and Electronic Communications (EC Directive) Regulations 2003 or any successor and all applicable laws and regulations relating to processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner’s Office including any amending or replacement legislation in force from time to time.”
“Data Controller”, “Data Processor”, “Data Subject” and “Personal Data”, “Sensitive Personal Data”, “Special Category Data”, “Personal Data Breach”, processing and appropriate technical and organisational measures shall have the meanings given to them in the Data Protection Legislation.
“Purpose” means the use of Customer Personal Data for the purposes of performing the Service in accordance with the Agreement.
10.2. Each party acknowledges that the factual arrangement between them dictates the role of each party in respect of the Data Protection Legislation. Notwithstanding the foregoing, the parties anticipate that You shall act as a Data Controller and We shall act as a Data Processor in respect of processing the Customer Personal Data as follows:
10.2.1 You shall be a Data Controller in respect of the Customer Personal Data used to register for or purchase Tickets to attend Your Events.
10.2.2 We shall be a Data Processor where we are processing the Customer Personal Data for the Purpose.
10.2.3 There may also be circumstances where We act as a Data Controller (for example in relation to any Personal Data we collect from You in order to administer the Service or where we contact Customers for marketing purposes).
10.3. We each agree to comply with the Data Protection Legislation in relation to the Customer Personal Data at all times.
10.4. Where We process Customer Personal Data on Your behalf, section 10.5 of the Agreement will apply, however where We act as a Data Controller We will not be subject to section 10.5 of this Agreement.
10.5. When processing Customer Personal Data on Your behalf, We shall:
10.5.1 Only process the Customer Personal Data for the Purpose and will not use the Customer Personal Data for any other purpose;
10.5.2 Maintain appropriate technical and organisation processes, procedures and security measures in place, to safeguard against any unauthorised or unlawful processing and against accidental loss or destruction of, or damage to the Customer Personal Data. These measures will be appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Customer Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Customer Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
10.5.3 Ensure that all personnel who have access to and/or process Customer Personal Data are obliged to keep the Customer Personal Data confidential;
10.5.4 You consent to us transferring Customer Personal Data outside of the European Economic Area where the transfer is conducted in accordance with the Data Protection Legislation.
10.5.5 Notify You of any potential or actual losses of the Customer Personal Data and/or of any Personal Data Breach without undue delay and provide co-operation and assistance to You to enable You to comply with Your obligations as a Data Controller in relation to data breach notification requirements under the Data Protection Legislation.
10.5.6 Clause 10.5.5 above also applies to any breaches of security which may compromise the security of the Customer Personal Data.
10.5.7 Provide You with reasonable assistance in responding to any Data Subject requests in accordance with the Data Protection Legislation.
10.5.8 Provide You with reasonable assistance in responding to any request for information received from the Information Commissioner’s Office.
10.5.9 Upon Your written request, delete or return Customer Personal Data and any copies thereof to You on the termination of the agreement unless We are required by law to retain the Customer Personal Data.
10.5.10 Maintain complete and accurate records and information to demonstrate its compliance with this clause 10.5.10 and allow for audits by You or Your designated auditor. Any such audits shall only be permitted where You have provided reasonable advance notice to Us in writing.
10.5.11 You consent to us appointing sub-processors as third-party processors of Customer Personal Data under this agreement to assist us in delivering the Service to You under the Agreement. We confirm that We have entered or (as the case may be) will enter into a written agreement with the third party processor substantially on that third party's standard terms of business. You also consent to us appointing any replacement third party processors. An up to date list of third party processors is available to view at (https://bookitzone.com/library.html). You are responsible for regularly checking the Website for any changes to the list of third party processors.
10.5.12 Maintain registration with the Information Commissioner’s Office where required to do so under the Data Protection Legislation to process the Customer Personal Data for the Purpose.
11. Liability:
11.1. Except in respect of death or personal injury caused by its negligence or for fraud or any other liability that cannot be excluded by law, the total liability for any one claim or for the total of all claims arising from any act or default by Us arising in connection with the performance or contemplated performance of this Agreement (whether arising from our negligence or otherwise) shall not exceed the average Handing Fee payable by You to Us within any twelve month period.
11.2. Neither party shall be liable for any consequential or indirect loss suffered by the other whether this arises from breach of a duty in contract or tort (including negligence). In this clause ‘indirect loss’ includes but is not limited to all loss of profit, business, revenue, goodwill or anticipated savings, loss of opportunity, contract, revenue or third party loss whether foreseeable or otherwise. Both parties accept that it is their responsibility to insure against these risks.
11.3. If the performance of its obligations under this Agreement are prevented or delayed by any act or omission by a party, its agents, sub-contractors or employees, the other party shall not be liable for any costs, charges or losses sustained or incurred by it arising directly or indirectly from such prevention or delay.
12. Indemnity
12.1. You shall indemnify and keep Us indemnified against any and all actions, claims, costs, charges and/or expenses arising out of any loss or damage incurred:
12.1.1. by reason of Your infringement of any Intellectual Property Rights of a third party in relation to Your Content, Terms or Event; or
12.1.2. by a Customer in relation to the goods and/or services sold or offered in connection with Your Event save where and to the extent that such claim is in relation to an act or omission occasioned by Us.
13. Termination:
13.1. This Agreement shall run from the Commencement Date and shall run for the Term unless terminated in accordance with the provisions set out in this Agreement.
13.2. Without prejudice to any rights that either of us have accrued under this Agreement or otherwise in relation to this Agreement, either party may terminate this Agreement with immediate effect by giving written notice if:
13.2.1. the other party commits a material breach of any term of this Agreement and fails to remedy that breach within a period of 7 days after being notified to do so; or
13.2.2. the other party enters into either compulsory or voluntary liquidation, or a resolution is passed for such liquidation (save for the purpose of reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of your assets, or if the other party makes an assignment for the benefit of or composition with its creditors generally, or enter administration, or make any application for a moratorium pursuant to s1A or schedule A1 of the Insolvency Act 1986 as amended by the Insolvency Act 2000 or threaten to do any of these things or any judgment is made against it; or
13.2.3. Any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events aforementioned in this clause; or
13.2.4. Clause 16 applies.
14. Assignment:
14.1. This Agreement is personal to the parties to it and may not be assigned by either party without the prior written consent of the other party or as expressly permitted in this Agreement.
15. Jurisdiction:
15.1. This Agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England.
15.2. Any proceedings arising out of or in connection with this Agreement may be brought in any court of competent jurisdiction in England and Wales.
16. Notices:
16.1. Any notice to be served on one party by the other shall be sent by:
16.1.1. email to info@bookitzone.com and shall be deemed to have been received by the addressee within 36 hours of sending to the correct address; or
16.1.2. prepaid recorded or special delivery to BookitZone Ltd, c/o 91 Greenbarn Way, Blackrod, Bolton. BL6 5TE and shall be deemed to have been received by the addressee within 72 hours of sending to the correct address.
17. Force Majeure:
17.1. Both parties will be released from their respective obligations except for those relating to payments of money that have fallen due in the event of national emergency, war, prohibitive governmental regulations or any other cause beyond the reasonable control of the parties rendering performance of this Agreement impossible, provided that this clause shall only have effect at our discretion except when such event renders performance impossible for a continuous period of 2 calendar months.
18. Waiver and Severance:
18.1. In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable the parties shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or it may be severed from this Agreement in which event the remaining provisions of this Agreement shall remain in full force and effect.
19. Third Parties:
19.1. It is the intention of the parties that no person not a party to this Agreement shall have any rights in relation to it under the Contracts (Rights of Third Parties) Act 1999.
20. Entire Agreement:
20.1. This Agreement sets out the entire agreement, and the only terms upon which are prepared to deal, between the parties in connection with its subject matter and supersedes any previous agreements, arrangements, written or oral, between the parties in relation to the above matters. Neither party has entered into this Agreement in reliance on any warranty, representation or statement made by the other which is not set out in this Agreement.
20.2. This Agreement may only be amended in writing signed by a duly authorised representative of the Parties.
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