1. About us

1.1 Company details. EventfulDay Limited (company number 14688368) (we and us) is a company registered in England and Wales and our registered office is at 41 St. Thomas’s Road, Chorley, England, PR7 1JE. Our VAT number is 437 2793 70. We operate the website https://eventfulday.co.uk/ (Website).

1.2 Contacting us. To contact us, telephone our customer service team at 07706 300993 or email us at [email protected].

1.3 Professional indemnity insurance. We maintain worldwide professional liability insurance. Our compulsory insurer is Hiscox Insurance, and our policy number is PL-PSC10002813246/01.

2. Our contract with you

2.1 Our contract. These terms of use (Terms) apply to the use by you of our Website and Services. They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.2 Entire agreement. The Terms are the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Terms.

3. Our services

3.1 Services. We are not a Vendor or supplier of products. We are a platform allowing Vendors to list their services and/or goods and for you the Customer to browse for those services/goods (Services). We are not involved or a party to any transaction and contract between you and the Vendor. Our Services should serve as a starting point for you to identify Vendors that offer the products and services you require. You should conduct your own research to ensure that the Vendor you select is suitable for your needs.

3.2 Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Terms or have any contractual force. Despite our efforts to verify the Vendors listed on our website, we cannot oversee the transactions that occur or guarantee the accuracy of Vendor listings. We also have no control and cannot provide and guarantee or assurance regarding the ability of Vendors to provide goods or services.

3.3 Exclusion of liability. We do not make any representations or warranties and we are not responsible for the actions or inactions of the Vendors. We therefore exclude any liability for any contract between you and the Vendor.

3.4 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.

4. Your obligations

4.1 It is your responsibility to ensure that: (a) the Vendor you choose is the appropriate provider for the goods or services you require; and (b) you use the Website correctly for the selection of goods or services.

5. Charges

5.1 There is no charge from us to use our Services. Any charges from the Vendor are for you and the Vendor to negotiate directly with each other. We shall have no liability or responsibility for any negotiations or dealings between you and the Vendor.

5.2 We shall use our reasonable efforts to ensure that the prices stated for the Vendor are correct at the time when the relevant information was entered into the system. We exclude all liability for any discrepancy in the prices listed and any price paid by you to any Vendor for the goods or services.

6. How to pay

6.1 Any payment due between you and the Vendor is to be negotiated between you and the Vendor on terms to be agreed between the parties. We exclude liability in relation to any payments made between the parties.

7. Rules for using our Services

7.1 If you are a user of our Services, you agree not to engage in the following activities: (a) Creating an account under someone else’s name, creating multiple accounts, using another person’s account, or pretending to be someone else or another entity; (b) Using the Services for any unlawful purpose or one that goes against our Terms, or soliciting or engaging in illegal activities or activities that infringe on ours or others’ rights; (c) Preventing or discouraging other users from accessing or enjoying the Services; (d) Attempting to bypass the Services or our systems to gain unauthorised access to any areas of the Services or other systems or networks connected to the Services, by hacking, password mining, or other illegitimate means; (e) Overloading the infrastructure of the Services or our systems and networks, or any systems and networks connected to the Services, by flooding them with requests; (f) Using the Services to gain a competitive advantage or to create or sell a similar product or information based on the information available on the Services; (g) Disguising the origin of any information posted on the Services or provided to us or our employees by manipulating or forging identifiers; (h) Using the Services to promote spamming, chain letters, or any other unsolicited communications; and (i) Attempting to bypass the Services or our systems to avoid complying with our policies, including these Terms, or meeting other contractual obligations, and encouraging others to do so.

7.2 By breaching any of the rules contained in clause 7.1 we reserve the right to suspend and/or terminate your use of the Website.

8. Intellectual property rights

8.1 All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials provided by you) will be owned by us.

9. How we may use your personal information

9.1 We will use any personal information you provide to us to: (a) provide the Services; and (b) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.

9.2 We will process your personal information in accordance with our policies, the terms of which are incorporated into these Terms.

10. Disclaimer of Warranties

10.1 By using the Services, you acknowledge and agree that you assume all risks associated with such use. While we facilitate communication between users, we are not responsible for monitoring any information or communications between users, nor are we a party to any transactions or interactions that may occur between users, whether online or offline. To the maximum extent permitted by law, we cannot and do not represent or warrant the licensing, qualifications, insurance, or capabilities of any Vendor or the quality of their goods or services. We provide our services, including any content, products, or services ordered or provided through our services, on an “as is” and “as available” basis. Therefore, we make no promises regarding the availability, performance, accuracy, security, reliability, or uninterrupted operation of the Services. We also cannot guarantee the accuracy, timeliness, completeness, or correctness of any information available through our services, and we do not provide advice. We reserve the right to make changes and corrections to any information available through the Services at any time. You are solely responsible for how you use the information available on the Services.

11. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

11.1 Nothing in the Terms limits any liability which cannot legally be limited, including liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation.

11.2 Subject to clause 11.1, we will not be liable to you or anyone else, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with your use of the Website, including: (a) any action for breach of contract or warranty entered into between you and the Vendor; (b) indirect damages whether special, incidental or consequential; (c) any decision or action taken by you in relation to information obtained from the Website; (d) loss of profits; (e) loss of sales or business; (f) loss of agreements or contracts; (g) loss of anticipated savings; (h) loss of use or corruption of software, data or information; (i) negligence or other tortious action; (j) loss of or damage to goodwill; and (k) any indirect or consequential loss.

11.3 This clause 11 will survive termination of the Services.

12. Confidentiality

12.1 We each undertake that we will not at any time during the Services, and for a period of five years after termination of the Services, disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 12.2.

12.2 We each may disclose the other’s confidential information: (a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Terms. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 12; and (b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

12.3 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Terms.

13. Termination, consequences of termination and survival

13.1 Termination. Without limiting any of our other rights, we may suspend the performance of the Services, or terminate your use of the Website with immediate effect by giving written notice to you if: (a) you commit a material breach of any term of the Terms and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so; or (b) you fail to pay any amount due to the Vendor as per your contract with them.

13.2 Consequences of termination. Termination of the Services will not affect your or our rights and remedies that have accrued as at termination.

13.3 Survival. Any provision of the Terms that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

14. Events outside our control

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms that is caused by any act or event beyond our reasonable control.

14.2 For the avoidance of doubt nothing clause 14 relates to the contract between you and the Vendor. This is governed by the terms of that specific contract between you and the Vendor.

15. General

15.1 Third party rights. The Terms are between you and us. No other person has any rights to enforce any of its terms.

15.2 Governing law and jurisdiction. The Terms are governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Terms to the exclusive jurisdiction of the English courts.