SUBSCRIBER TERMS

REGISTERED USER TERMS


BACKGROUND:


These terms, together with any and all other documents referred to herein, set out the terms on which we provide our services to registered users (such as event hosts, guests and suppliers) through this website https://www.hostology.co.uk and any associated application and platform (collectively the ‘Site’). Please read these terms carefully and ensure that you understand them before signing up via our Site. You will be required to accept these terms when registering with us. By registering with us, you are agreeing to comply with these terms. If you do not agree to comply with and be bound by these terms, you will not be able to register an account with us.

1. Information About Us

  • 1.1 Our Site is operated by Hostology Limited, a limited company registered in England and Wales under 11194592, and whose trading address is at Britannia House, 1-11 Glenthorne Road, London W6 0LH (“we/us/our”).

    • You can contact our customer service team at support@hostology.co.uk or by emailing a request that we call you.

2. Access to and Use of Our Site

  • 2.1 Registering an account with us is free of charge.
  • 2.2 Access to our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if our Site (or any part of it) is unavailable at any time and for any period.
  • 2.3 When creating an account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your account is kept up-to-date.
  • 2.4 You must protect any sensitive information and materials associated with your account, including (but not limited to) your username, password, log-in details, documents, policies, notices and correspondence, and make sure that these are not disclosed to any unauthorised third parties. You must not use anyone else’s account. If you believe your account is being used without your permission, please reset your password in your account, and contact us immediately at support@hostology.co.uk. We will not be liable for any unauthorised use of your account.
  • 2.5 If you wish to close your account, you may do so at any time. Closing your account will result in the removal of your information and it will also remove access to any areas of our Site requiring an account for access.
  • 2.6 We will, as part of our service and at no cost to you, provide you with customer support services by way of email support between Monday to Friday during the hours of 9:30am to 5pm GMT. In our sole discretion, we may also offer free help, advice and inspiration pages.
  • 2.7 Use of our Site is subject to our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.

3. Functionality

  • 3.1 If you have been invited to join as an event host, you will within our private and secure network be able to:

    • 3.1.1 create guest lists, send email invitations to your guests and receive RSVPs and information about dietary requirements and so forth;

    3.1.2 add / update/ delete guest attendance information;

    3.1.3 interact with your venue or wedding planner in order to plan, share and facilitate the details, organisation and execution of your event (including uploading, downloading, sharing and commenting on documents, notes, messages, customised itineraries, accommodation, invoices, menus/drinks, recommended suppliers and so forth);

    3.1.4 connect additional linked email logins to the same event, such as the groom, mother-in-law, wedding planner and so forth;

    3.1.5 choose which recommended suppliers to use, or add suppliers to your event and send and receive emails with suppliers regarding compliance documents, insurance, price lists, brochures and so forth;

    3.1.6 add bespoke text to the “our event day” page, which will be shared with all guests; and

    3.1.7 request or make payment for rooms for guests.

  • 3.2 If you have been invited to join as a guest attending an event, you will within our private and secure network be able to:

    • 3.2.1 view the event details, location, links to gift lists and so forth;

    3.2.2 communicate with the host of the event and their venue/wedding planner in order to send and receive invitations, RSVPs, dietary requirements and so forth;

    3.2.3 book and make payment for accommodation with the venue via Stripe Connect or by clicking through to an affiliate partner site (Eviivo); and

    3.2.4 buy a gift for the host by clicking through to an affiliate partner site (such as Prezola or The Wedding Shop).

  • 3.3 If you have been invited to join as a supplier, you will within our private and secure network be able to:

    • 3.3.1 view details of an event and liaise with the venue or the event host about your products/services;

    3.3.2 upload business related documents such as compliance certificates/licences, insurance, price lists, brochures and so forth,

  • 3.4 Our standards for interactive services, such as forums, chat rooms and bulletin boards, are as follows:

    • 3.4.1 we will set out information about the service;

    3.4.2 we will set out what form of moderation we use for the Site;

    3.4.3 we will try to assess risks on the Site and will moderate if we think it is appropriate.

  • 3.5 Please note, however, that we are not required to moderate our interactive service. We will not be responsible for any loss to anyone who does not use the Site according to our standards (whether or not we have moderated the service).

4. Licence

  • 4.1 When you register an account with us, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence during the term of your registration to access our Site and to enable you to use the Services solely in accordance with these terms and the purpose for which they were provided.
  • 4.2 You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Site and the Services and, in the event of any such unauthorised access or use, promptly notify us.
  • 4.3 You shall not (except as may be allowed by any applicable law and except to the extent expressly permitted by us):

    • 4.3.1 use the Site or the Services in any way, or for any purpose, that is unlawful or fraudulent;

    4.3.2 attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Site or the Services in any form or media or by any means;

    4.3.3 attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Site or the Services;

    4.3.4 access all or any part of the Site or the Services in order to build a product or service which competes with our service; or

    4.3.5 license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any unauthorised third party.

5. Intellectual Property and Acceptable Use

  • 5.1 You acknowledge and agree that we and/or our licensors own all intellectual property rights (including but not limited to copyright and trademarks) in connection with our Services and our Site, including all information, text, material, logos, graphics, advertisements, software code and data comprising the Site and the Services, which are protected by intellectual property laws and treaties around the world. Except as expressly stated herein, these terms do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Site.
  • 5.2 You shall retain all of your ownership rights in any materials you submit to the Site and you agree, represent and warrant that you have the right to submit any text, logos, documents, information, data, images, photographs, audio or video material transmitted to us or uploaded to our Site by you for the purpose of using the Services or facilitating the use thereof (‘User Content’) and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the User Content.
  • 5.3 You are solely responsible for securing and backing up all User Content and any information, data, materials and documentation saved or shared within your account. These materials will no longer be accessible after your close your account or if the Site is offline or experiencing planned maintenance or downtime for any reason. We strongly encourage all users to download copies of their User Content and store this offline to enable continued access at all times.
  • 5.4 You hereby grant to us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content (subject to our confidentiality obligations in Clause 6) for the sole purpose of enabling us to operate the Site and provide the Services to you in accordance with these terms.
  • 5.5 We reserve the right, but shall not be obliged, to screen, edit and/or remove any User Content transmitted via our Site where its content, in our sole opinion, violates our content standards, or if we receive a complaint from a third party and determine that the content in question should be removed as a result.
  • 5.6 When submitting User Content (or communicating in any other way using our Site), you must not submit, communicate or otherwise do anything that:

    • 5.6.1 is sexually explicit, obscene, deliberately offensive, hateful or otherwise inflammatory;

    5.6.2 promotes violence, or promotes or assists in any form of unlawful activity;

    5.6.3 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;

    5.6.4 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

    5.6.5 is calculated or is otherwise likely to deceive;

    5.6.6 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;

    5.6.7 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;

    5.6.8 implies any form of affiliation with us where none exists;

    5.6.9 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright and trademarks) of any other party;

    5.6.10 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence;

    5.6.11 involves the sending of unauthorised mass-communication such as “spam” or “junk mail”; or

    5.6.12 is otherwise illegal or causes damage or injury to any person or property.

  • 5.7 We reserve the right to suspend or terminate (whether temporarily or permanently) your account access if you materially breach the provisions of this Clause 5 or any of the other provisions of these terms. Specifically, we may take one or more of the following actions:

    • 5.7.1 remove any User Content submitted by you that violates this Clause 5;

    5.7.2 issue you with a written warning;

    5.7.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

    5.7.4 take further legal action against you as appropriate;

    5.7.5 disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or

    5.7.6 any other actions that we deem reasonably appropriate (and lawful).

  • 5.8 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these terms.

6. Confidentiality

  • 6.1 Each party may be given access to information that is proprietary or confidential and is either clearly labelled as such or identified as confidential information (‘Confidential Information’) from the other party in order to perform its obligations under these terms. A party's Confidential Information shall not be deemed to include information that:

    • 6.1.1 is or becomes publicly known other than through any act or omission of the receiving party;

    6.1.2 was in the other party's lawful possession before the disclosure;

    6.1.3 is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or

    6.1.4 is independently developed by the receiving party, which independent development can be shown by written evidence.

  • 6.2 Subject to Clause 6.3, each party shall hold the other's Confidential Information in confidence and not make the other's Confidential Information available to any third party without authorisation, or use the other's Confidential Information for any purpose other than the implementation of these terms.
  • 6.3 A party may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction.
  • 6.4 The above provisions of this Clause 6 shall survive termination of this agreement, however arising.

7. Disclaimer, Liability and Indemnity

  • 7.1 We have no control over, or involvement in, any of our users’ businesses and are not responsible for any actions taken by, or any goods or services provided by, any venues, customers, guests or suppliers.
  • 7.2 We do not guarantee that any part of our Site or Services is suitable for use in commercial situations or that it provides accurate information or advice on which business decisions can be based.
  • 7.3 Although we use all reasonable skill and care to make sure that our Site is secure and free of viruses and other malware, you need to take responsibility for the security of your personal details and computer. We are not liable for our Site being disrupted or unavailable as a result of causes beyond our control (including, ISP/host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions), or for any loss or damage arising from a virus, other malware, hacking or any other harmful material or event that may damage or disrupt your hardware, software, data or other material as a result of you using our Site (including downloading any content from it) or any other site referred to on our Site.
  • 7.4 We do not warrant that your use of the Site or the Services will be uninterrupted or error-free or that they will meet your requirements or expectations, that they will be fit for a particular purpose, that they will be compatible with all software and hardware, secure, or that success or any other specific results may be achieved.
  • 7.5 We shall not be responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
  • 7.6 You shall, to the extent permitted by law and except as otherwise expressly provided in these terms, be solely responsible for procuring, maintaining and securing your network connections and telecommunications links from your systems to our data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet is expressly excluded.
  • 7.7 Subject to Clause 7.8, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, loss of sales, loss of goodwill or reputation, loss of anticipated savings, for any loss of business opportunity, loss or corruption of data or information, pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these terms, even if it could have been foreseen.
  • 7.8 Nothing in these terms seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
  • 7.9 You shall defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services and the Site and any breach of these terms.

8. Data Protection

  • 8.1 You shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of any personal data provided to us by you or by third parties on your behalf for the purpose of using the Services.
  • 8.2 All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (‘GDPR’) and your rights under the GDPR. For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Policy.

9. Third Party Providers and Advertising

  • 9.1 You acknowledge that the Services may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that you do so solely at your own risk. We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party. Any contract entered into and any transaction completed via any third-party website (including but not limited to agreements regarding supplier fees, venue rental, and external catering budgets) is between you and the relevant third party, and not us. We are not a broker between you and any other users. Before obtaining products or services from any third party, it is your responsibility to ensure the appropriateness and quality of the products/services they provide and to verify any information appearing about them or their offering on our Site. We recommend that you refer to the third party's website terms and conditions and privacy policy prior to using the relevant third-party website. We do not endorse or approve any third-party website nor the content of any of the third-party website made available via the Services.
  • 9.2 We may feature advertising and promotions on the Site and we reserve the right to display advertising and promotions on, about, or in conjunction with your User Content without any payment being or becoming due to you. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. We are not responsible for the content of any advertising on the Site. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising on the Site including, but not limited to, any errors, inaccuracies, or omissions.

10. Communications from us

  • 10.1 If you have an account, we may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these terms, and changes to your account.
  • 10.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 10 business days for your new preferences to take effect.

11. Data Protection

  • 11.1 You shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of any personal data provided to us by you or by third parties on your behalf for the purpose of using the Services.
  • 11.2 Both you and we will comply with all requirements of applicable data protection and privacy legislation in force from time to time, including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended, and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (the ‘Data Protection Legislation’). Please refer to our Privacy Policy for further details concerning our collection, processing and storage of personal data.
  • 11.3 You and we acknowledge that:

    • 11.3.1 if we process any personal data on your behalf when performing our obligations under these terms, you are the controller and we are the processor for the purposes of the Data Protection Legislation.

    11.3.2 the personal data may be transferred or stored outside the EEA or the country where you and the Authorised Users are located in order to carry out the services and our other obligations under these terms.

  • 11.4 You will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the personal data to us for the duration and purposes of your subscription so that we may lawfully use, process and transfer the personal data in accordance with these terms on your behalf.
  • 11.5 We shall, in relation to any personal data processed in connection with the performance by us of our obligations under these terms:

    • 11.5.1 not transfer any personal data outside of the European Economic Area and the United Kingdom unless the following conditions are fulfilled:

    11.5.1.1 you or we have provided appropriate safeguards in relation to the transfer;

    11.5.1.2 the data subject has enforceable rights and effective legal remedies;

    11.5.1.3 we comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; and

    11.5.1.4 we comply with reasonable instructions notified to us in advance by you with respect to the processing of the personal data.

    11.5.2 ensure that any and all staff with access to the personal data (whether for processing purposes or otherwise) are contractually obliged to keep that personal data confidential;

    11.5.3 assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

    11.5.4 notify you without undue delay on becoming aware of a personal data breach;

    11.5.5 at your written direction, delete or return personal data and copies thereof to you on termination of your subscription unless required by law to store the personal data; and

    11.5.6 maintain complete and accurate records and information to demonstrate our compliance with this Clause 11.

  • 11.6 You and we shall ensure that we each have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, 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.
  • 11.7 Should we choose to in the future you consent to us appointing a third-party processor of personal data under these terms. We confirm that we have entered or (as the case may be) will enter with the third-party processor into a written agreement substantially on that third party's standard terms of business and which reflect and will continue to reflect the requirements of the Data Protection Legislation. As between the you and us, we shall remain fully liable for all acts or omissions of any third-party processor appointed by us pursuant to this Clause 11.

12. General

  • 12.1 These terms constitute the entire agreement between us and you with respect to their subject matter. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of us that is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
  • 12.2 We may change these terms and conditions at any time. Any such changes will become binding on you upon your first use of our Site after the changes have been implemented. You are therefore advised to check this page from time to time. In the event of any conflict between the current version of these terms and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
  • 12.3 We may transfer (assign) our obligations and rights under these terms to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these terms will not be affected and our obligations under these terms will be transferred to the third party who will remain bound by them.
  • 12.4 You may not transfer (assign) or subcontract your obligations and rights under these terms without our express written permission.
  • 12.5 The contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these terms.
  • 12.6 If any of the provisions of these terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these terms, which shall be valid and enforceable.
  • 12.7 No failure or delay by us in exercising any of our rights under these terms means that we have waived that right, and no waiver by us of a breach of any provision of these terms means that we will waive any subsequent breach of the same or any other provision.
  • 12.8 Nothing in these terms creates any partnership or joint venture between you and us, or makes either you or us the other party's agent. Neither party has any authority to act as an agent for, or to bind, the other in any way.

13. Law and Jurisdiction

  • 13.1 If you are a consumer, please note that these terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
  • 13.2 If you are a business, these terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.