Version number: 1.0
Effective date: 1st May 2021
Who we are
We are Doozy Live Ltd. Our company information is at the end of this document.
What this is all about
These are our terms and conditions which apply to our Service (explained below). We've tried to make them user-friendly. Please read them carefully and save a copy as we don't file a copy specifically for the transaction with you. They're available in English only.
Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on its behalf.
Here are some definitions which are used in this document (all capitalised):
- "Consumer" - an individual acting for purposes which are wholly or mainly outside that person's trade, business, craft or profession.
- "Content" - all information of whatever kind (including listings, profiles, posts, comments, chat, images, photos, audio, video, advertisements, reviews etc.), used on our Service (including messages sent via our Service).
- "Customer" – a User who uses our Service for the purpose of booking or attending an Experience.
- "Experience Contract" – a contract for the supply of Experience.
- "Experience" – an event or experience listed on our marketplace Service.
- "Holding Period" – 72 hours (or any alternative period stated on our Service) after a Customer makes a booking to attend an Experience.
- "Organiser" – a person who makes a booking for more than one person to attend an Experience.
- "Partner" – a User who uses our Service to provide Experiences to Customers.
- "Service" –the service we offer by means of our website and web app and any related software and services.
- "User" - persons or organisations using our Service (whether or not registered with us).
Entering a legal contract with us
By registering on our website, you enter a legal contract with us to use our Service.
By browsing any part of our Service that does not require registration/payment, you are also bound by these terms to the extent they are relevant.
Changing these terms and conditions
We may change these terms and conditions by giving you at least 15 days' notice unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and imminent danger.We will notify you by email and/or by posting the new version on our website.
If you don't agree to the new terms, you should end this contract as explained below before the new terms take effect. Otherwise, the new terms will apply.
Your right to use our Service
We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions .
We are entitled for any reason to reject your application to become as a Partner including if you fail to comply with the requirements of our payment provider.
Things you can and can't do on our Service
You agree not to do any of the following in connection with the Service:
- break the law or infringe anyone else's rights;
- provide us with or link to unlawful, infringing or otherwise inappropriate content;
- victimise or harass other people;
- use offensive, obscene, abusive or other inappropriate language;
- deceive or mislead anyone;
- provide any Content that includes someone else's personal information unless that person is 18 years or over and you have obtained their written consent or you are their parent/guardian;
- make recordings or screenshots of audio / video interactions without the written consent of all other participants;
- impersonate anyone;
- use the Service with a view to competing with us or infringing our rights;
- disrupt our Service, e.g spam, viruses or phishing;
- interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
- intercept or modify communications;
- impose an unreasonable load on our Service;
- get around any security or other features including those designed to stop copying of Content; or
- attempt, encourage or assist any of the above.
You agree to:
- comply with any rules or requirements on our Service;
- promptly comply with any reasonable request or instruction by us in connection with the Service; and
- ensure that any contact or other information which you supply to us is accurate and not misleading and you will tell us if there are any important changes.
Our Service is a neutral platform where self-employed Partners can arrange to supply Experiences to Customers. We do not supply those services. The Experience Contract is between the respective Partner and Customer and the terms are for the parties to agree providing that they are consistent with this agreement. We are not a party to the Experience Contract itself. You acknowledge that any legal recourse arising from breach of the Experience Contract is against the other party to the Experience Contract and not against us.
You also separately promise us that you will comply with each Experience Contract.
We are entitled for any reason to reject any proposed Experience submitted by a Partner.
You acknowledge that we are entitled at any time to cancel, end or suspend any Experience Contract by giving notice by email, if we consider that either party has breached this agreement or it is necessary to protect either party. If so, we will refund the relevant fee to the Customer subject any deduction that we consider reasonably appropriate.
Partners acknowledge that we do not guarantee that use of our Service will generate any particular level of revenues.
Payment by Customers
Customers must pay the relevant fee to us in advance on behalf of the Partner as shown on our Service. You must make payment within the Holding Period (72 hours unless otherwise stated) for the number of attendees registered to attend.
Cancellation of bookings
Customers can cancel bookings at any time during the Holding Period.
The booking will be automatically cancelled at the end of the Holding Period if the Customer hasn't paid in full by then. Where a minimum number of attendees has been specified, the payment must cover at least that number of attendees..
The Partner is entitled to cancel any Experience for exceptional reasons, for example illness of the host. If so, we will refund any Customer payment in full. If the Partner cancels an Experience but doesn't satisfy us that there were exceptional reasons, we are entitled to charge the Partner 20% of the commission that we would otherwise have earned.
Customers' legal right to cancel the Experience Contract ("cooling off")
There is no legal right to cancel the Experience Contract because the services are related to leisure activities and the contract is to be performed on a specific date.
Partners' obligations to Customers
Partners must take reasonable steps to send kits or other physical items required for the Experience to the attendees in advance and to ensure that these are of reasonable quality and fit for their intended purpose. If the items are not received on time, Partners are responsible for refunding the fee relating the relevant Customer unless the Customer is at fault for the late or non-delivery.
Partners agree that in connection with supply of Experiences to Customers:
they have and will maintain the necessary abilities (including licenses, permissions, qualifications, skills, training, expertise);
they will act in accordance with the highest applicable professional or industry standards; and
they will comply with all applicable laws and regulations (including data protection) and will not infringe any third party rights.
Attending the Experience
Customers agree to behave in a reasonable and non-disruptive way at Experiences and to comply with the Partner's reasonable requests.
The Organiser is responsible for the behaviour of attendees for whom they book including their compliance with these terms and conditions.
The Partner is entitled to end any Experience at any time if any attendee breaks these terms and conditions or the Partner reasonably considers it is necessary to do so for safety reasons.
All attendees must ensure that they have access to a high-quality Internet connection.
If a Customer has any complaint about an Experience it must notify us by email to our email address shown below within 24 hours of the scheduled Experience start time, which is when we send the payment to the Provider. We may in our discretion help to try and resolve the dispute but we do not promise to get involved.
If a dispute is raised during the above dispute period, we will adjudicate on the dispute in our absolute discretion and our decision will be final. Our adjudication will relate only to allocation of the fees held by us and not any wider aspect of the dispute. We are entitled to allocate a full refund to the Customer, to make full payment to the Partner or to split the payment between the parties as we consider appropriate. Both parties shall provide reasonable co-operation. We are entitled to set or extend any deadlines we consider appropriate whether to allow the parties to try and resolve the dispute themselves, to require production of information, to make our decision or otherwise. We have no legal liability to either party in relation to our role as adjudicator.
Payment to Partners
Provided you have complied with your contract with us, we will take reasonable steps to pay you by whatever payment method we use the amount of the fee received from the Customer less any deductions mentioned below. We will aim to make payment 24 hours (or any alternative period we may decide) after the scheduled Experience start time or, if applicable, following resolution of any dispute. You acknowledge that payments may take up to 30 days in exceptional circumstances.
We are entitled to deduct (including applicable VAT) our fee from the payment to you. We may at any time change the amount of our fee. If so, we will give you notice by email or otherwise. Any bookings made after that notice will be subject to our new fees.
We are entitled in our discretion to refund to the Customer on your behalf all or part of the Customer fee insofar as the Customer makes a complaint or raises a dispute or cancels the order within any applicable cancellation period or if we otherwise consider it appropriate to make such a refund in our discretion (which may be based on any cancellation policy which applies at that time). You are liable to pay any appropriate refund direct to the Customer if the relevant Customer fees have already been paid to you.
We are entitled to deduct from the fees due to you the amount of any chargeback which has arisen or which we consider is likely to occur (irrespective of whether the chargeback relates to the payment currently due). You agree to pay to us immediately on demand the amount of any chargeback relating to a payment which we have transmitted to you.
You are responsible for making up any shortfall arising from charges made by your bank.
You are responsible for taking your own tax advice.
You must inform us if you are VAT registered, and sign the required self-billing agreement before your Experiences may be listed on our Service.
If you are VAT registered, you are responsible for accounting for any VAT that is due on sales made. We will only be responsible for accounting for any VAT on our fee that we charge to you.
If your VAT registration status changes, you must immediately inform us so we can correctly account for VAT. Failure to do so will result in your Experiences being removed from the Service.
If you provide Content for use on our Service (e.g., Experience listings, profiles or reviews)…
You are responsible for your Content.
You promise you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and conditions.
If you post a review, you guarantee that you have no personal or business relationship with the entity, product or service being reviewed, that you are not a competitor of that entity, that have not been offered any incentive to write the review and that the review is your independent, honest, genuine opinion.
If you use any features on our Service which enable you to share your Content with third party sites, we are not responsible for use of your Content on those third party sites.
We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards. If so, you must not attempt to re-publish or re-send the relevant Content.
It is your responsibility to decide which Content to upload (subject to these terms and conditions). We do not accept responsibility if your Content is misused by others as this is outside our reasonable control. Don't upload any Content if you are concerned that it may be misused.
We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.
It is your responsibility to make your own frequent backups of Content to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.
We may irretrievably delete your Content without telling you after this agreement ends or if your account has been inactive for twelvemonths.
Uninstalling the App may result in deletion of all Content on your device.
Dealing with other Users…
You accept that we have no obligation to vet or monitor Users or their Content. While we may make some enquiries about proposed Experiences, we don't guarantee to do so and, even if we do or if we recommend an Experience, we cannot guarantee that the Experience will be of any particular quality or suitable for your purpose. You deal with other Users at your own risk. We accept no legal responsibility in connection with any dealings between Users. Where appropriate, it is your responsibility to make your own enquiries before booking an Experience.
You acknowledge that in using the Service you may encounter behaviour or Content which you consider inappropriate. If so, please email us to our email address shown below(including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g. from law enforcement authorities) and/or stop using the Service.
Other peoples' services / advertising / websites
We may display other peoples' services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren't responsible for what they do or don't do.
If we ourselves provide any guidance or other general information on or via our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
If you create an account on our Service
Unless otherwise specifically stated on our Service, your account is for your personal use only. You must not allow any other person to use your account. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for other people who use your account or identity (unless and to the extent that we are at fault).
Ending or suspending this contract
You may at any time end this contract by emailing us to the email address shown below. This doesn't entitle you to any refund if you have already booked an Experience.)
We are entitled at any time and for any reason to end this contract or suspend part or all of our Service or impose restrictions on our Service.
If this contract ends:
- It still continues insofar as necessary to facilitate any pending Experiences you booked before termination (which are unaffected).
- Subject to the above, your right to use our Service and all licences are terminated.
- Existing rights and liabilities are unaffected.
- All clauses in this contract which are stated or intended to continue after termination will continue to apply.
Restrictions on our legal responsibility
Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
If you are a Consumer,we shall not be liable for any loss or damage where:
- there is no breach of a legal duty owed to you by us;
- such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
- (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement;or
- such loss or damage relates to a business of yours.
If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.
The following clauses apply only if you are not a Consumer:
- Our liability of any kind (including our own negligence) for any act or omissions or series of connected acts or omissions is limited to the total fees paid or payable by you to us in the 12 months before the act or omissions complained of.
- In no event (including our own negligence) will we be liable for any:
- economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation;
- special, indirect or consequential losses; or
- damage to or loss of data
- (even if we have been advised of the possibility of such losses).
- You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
- To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
- This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
Intellectual property rights (e.g. copyright)
The intellectual property rights in all material used on or in connection with our Service are owned by us or by our suppliers or other Users. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
If you upload any Content for display on our Service, you retain ownership of the intellectual property rights. You allow us at no cost, for so long as this contract lasts to use and adapt all or part of such material however we wish on our Service as well as on other channels including social media, including for the purpose of redistribution or promotion of our Service.] You waive your "moral rights" in relation to such Content to the extent legally allowed.You also allow each User to use your Content in accordance with these terms and conditions.
If our Service doesn't work properly
We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.
You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.
Things we can't control
We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
Transferring this contract to someone else
We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
English law and courts
This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.
We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can't enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
If you have any complaints, please contact us via the contact details shown below.
Company name: Doozy Live Ltd
Trading name: "Doozy"
Country of incorporation: England and Wales.
Registered number: 12623619
Registered office and contact address: Kemp House, 160 City Road, London, EC1V 2NX, UK.
Contact email address: firstname.lastname@example.org
Other contact information: See our website / contact page.
VAT number: 371697658