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]. How to give us formal notice of any matter under the Contract is set out in clause 16.2.

2. Our contract with you

2.1 The contract. These terms and conditions apply to the use by you of our Website and its Services (Services) and shall form the Contract between us. 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 Contract is 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 Contract.

3. Application to become a Member and acceptance

3.1 Applying to be a Member. Please follow the onscreen prompts to begin your membership application (Application). You may only apply using the application set out on the Website. Upon purchasing an Annual Membership and subscription type we shall list your services on the Website (Membership) to generate leads from potential Customers (Customer). A Lead is generated when a Customer clicks the link to the supply of your services. You shall negotiate directly with the Customer (Lead).

3.2 Correcting input errors. Our Application process allows you to check and amend any errors before submitting your Application to us. Please check the Application carefully before confirming it. You are responsible for ensuring that your Application is complete and accurate. If we have listed your business and any details seem incorrect please notify us so we can make the required changes.  All information is taken from a live source online from Google, Facebook and Companies House.

3.3 Acknowledging receipt of your Application. After you submit your Application, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your Application has been accepted. Our acceptance of your Application will take place as described in clause 3.4.

3.4 Accepting your Application. Our acceptance of your Application takes place when we manually review your supplier listing which shall be at our sole discretion (Membership Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will commence. The Contract will relate only to those Services confirmed in these Terms.

3.5 Annual Membership Fee. The annual membership fee is £30 plus VAT for Suppliers, and £100 plus VAT for Venues (Annual Membership Fee) and is payable on the Commencement Date and within 7 days (time shall be of the essence), and then again yearly on the anniversary of the Commencement Date.

3.6 If we cannot accept your Application. If we are unable to approve the Application for any reason, we will inform you of this by email and we will not process your Application. If you have already paid for the Membership, we will refund you the full amount.

4. Cancelling your Contract

4.1 You may cancel the Contract at any time within 14 days of the Commencement Date (Cooling Off Period), if you notify us as set out in clause 4.2.

4.2 To cancel the Contract you can do so on your account section on the Website. You will not be entitled to a refund after the initial Cooling Off Period.

4.3 You can also email us at [email protected] or by calling our Customer Services team on 07706 300993 or by post to 41 St. Thomas’s Road, Chorley, England, PR7 1JE. If you are emailing us or writing to us, please include details of your Membership to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.

5. Our services

5.1 Our role. We are not linked to or responsible for the Customer. We are a platform allowing you to list your products and/or services to Customers to create Leads for you to negotiate directly with the Customer. Through the Membership your profile will be viewable to Customers and may generate Leads if clicked on by the Customer. We are not involved or a party to any transaction and contract between you and the Customer. It will be for you to negotiate directly with the Customer once a Lead is generated as to the contract and terms for the supply of your services to them. We cannot guarantee a number of Leads nor the quality of such Leads.

5.2 Descriptions and illustrations. Any descriptions or illustrations on the Website are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force. Despite our efforts to verify the Customers subscribed to our website, we cannot oversee the transactions that occur on our services or guarantee the identification or ability to enter into contract of the Customers. We also have no control over the ability of the Customers to pay for your goods or services.

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

6. Your obligations

6.1 It is your responsibility to ensure that:
(a) the terms of your Application are complete and accurate;
(b) you cooperate with us in all matters relating to your use of the Website and our Services;
(c) you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
(d) you obtain and maintain all necessary insurance, licences, permissions and consents which may be required for the supply of your goods and services to the Customers throughout the Contract. ;
(e) you comply with all applicable laws, including health and safety laws;

6.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 6.1 (Your Default):
(a) we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Contract under clause 14 (Termination);
(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
(c) it will be your responsibility to fully indemnify us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.

7. How to pay

7.1 We will take payment for the Annual Membership Fee upon acceptance of your Membership Application and will take subsequent payments annually on the anniversary of the Commencement Date.

7.2 If the anniversary of a payment date falls due on 29th, 30th or 31st of a month where no such date exists then payment will be taken on the last day of that month.

7.3 You can pay for the Annual Membership Fee using a debit card or credit card.

7.4 We will send you an electronic invoice within seven days of the payment date. For any failed or cancelled payments, a £20 administration fee will be levied.

7.5 If you fail to make any payment under the Contract by the due date, then, without limiting our remedies under clause 14 (Termination), you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 8.8 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

7.6 You shall each pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

8. Rules for using our Services

8.1 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;
(i) Attempting to bypass the Services or our systems to avoid complying with our policies, including these Terms, paying applicable fees or meeting other contractual obligations, and encouraging others to do so;
(j) Violating any laws, regulations, or statutes while using the Services, listing your items, or producing and transporting them;
(k) Discouraging Customers from hiring other Members, whether through the Services or by other means; and
(l) Placing or transferring Leads to individuals or entities that are not Members.

8.2 By breaching any of the rules contained in clause 8.1 we reserve the right suspend and/or terminate your Contract.

9. Intellectual property rights

9.1 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.

9.2 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you and also to promote your business through our social media channels such as Facebook, Instagram and Tik Tok.

10. How we may use your personal information

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

10.2 We will process your personal information in accordance with our policies  the terms of which are incorporated into this Contract.

11. Disclaimer of Warranties

11.1 By using our 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. 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 the 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.

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

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

12.2 Subject to clause 12.1, 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 the Contract for:
(a) any action for breach of contract or warranty entered into between you and the Customer;
(b) indirect damages whether special, incidental or consequential;
(c) for any decision or action taken in relation on information obtained through the Membership;
(d) loss of profits;
(e) loss of sales or business;
(f) loss of agreements or contracts or any opportunities;
(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.

12.3 Subject to clause 12.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the fees and subscriptions paid by you for the previous year or £1,500, whichever is the lower.

12.4 Any terms implied by sections 3 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

12.5 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 3 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

12.6 This clause 12 will survive termination of the Contract.

13. Confidentiality

13.1 We each undertake that we will not at any time during the Contract, and for a period of two (2) years after termination of the Contract, disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 13.2.

13.2 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 Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 13; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

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

14. Termination, consequences of termination

14.1 Termination. Without limiting any of our other rights, we may suspend the Services, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
(e) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy; or
(f) following a formal complaint by a Customer relating to the supply of goods or services and it is subsequently deemed by us that your goods or level of service was inadequate.

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

14.3 Survival. Any provision of the Contract 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.

15. Events outside our control

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

15.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

15.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.

15.4 For the avoidance of doubt nothing in clause 15 relates to the contract between you and the Customer. This is governed by the terms of that specific contract and that is agreed between you and the Customer.

16. Communications between us

16.1 When we refer to “in writing” in these Terms, this includes email.

16.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.

16.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.

16.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

16.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

17. General

17.1 Assignment and transfer
(a) We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

17.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

17.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

17.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

17.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

17.6 Dispute. Any dispute arising between us other than a monetary claim by us shall in the first instance be referred to mediation.

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