Terms and Conditions

 

1. INTRODUCTION

1.1 Please note to use the Service Users must accept these Terms which should be read carefully prior to using the Service. These Terms represent a binding contract between DesignMyNight and the User. If the User does not wish to be bound by these Terms, the User should not accept these Terms. 

2. DEFINITIONS

2.1 In this Agreement the following terms shall unless the context otherwise requires have the following meanings:

 

2.2 Words denoting the singular number only shall include the plural and vice versa. Words denoting any gender shall denote all genders and words denoting persons shall include individuals and corporate entities.

3. COMMENCEMENT OF TERMS’ APPLICABILITY

These Terms shall be effective from the time that the User first registers to use the Website and/or uses the Service. These Terms and shall remain in force until or unless terminated in accordance with these Terms.

4. VARIATION OF TERMS

DesignMyNight may vary these Terms at any time. Such variations shall become effective immediately upon the posting of the modified Terms on the Website or notification to the User, as DesignMyNight shall decide. By continuing to use the Service following any such variation the User shall be deemed to accept such variation.

5. USE OF THE SERVICE BY THE USER

5.1. The User shall be responsible for obtaining and maintaining the User's Equipment. DesignMyNight has no responsibility or liability with respect to the User's Equipment.

5.2. The User shall ensure at all times that its use of any part of the Service, including connection of the User's Equipment to the Server, is in accordance with all applicable data protection and other laws, licences, codes of practice and regulations.

5.3. The Service shall only be used by the User or a duly authorised officer, agent or other representative of the User, and not by any third party.

5.4. The User shall not permit anyone else to copy, store, modify, transmit, distribute, broadcast any part of the Content except where it is necessary to do so to enable the User to use the Service in accordance with these Terms.

5.5. DesignMyNight at its sole discretion reserves the right to refuse to accept a User's registration or to limit a User's access to the whole or any part of the Service at any time.

5.6  The User agrees that the Promoter and Venue will get access to your name and email address as attendees of an event or booking. This does not give them the permission to market to you unless explicitly stated.

5.7 The User agrees that DesignMyNight is able to use any video footage or photography obtained of them when recording a DesignMyNight promotional video or picture. 

6. TICKET SALES

The User acknowledges and agrees that:

6.1 DesignMyNight is the agent of the Promoter of the Event to conclude Ticket transactions between the User and the CustomerPromoter on payment of the relevant tTicketing fee.;
6.2 where the User wishes to make a booking at a Venue for which the payment of a deposit is required, DesignMyNight is the agent of the Venue to conclude such bookings between the User and the Venue on payment of the relevant deposit sums;
6.3 receipt of the correct Ticketing fee or deposit sums by DesignMyNight as agent on behalf of the Promoter or Venue from the User shall discharge the User's debt to that Promoter or Venue; and
6.4 DesignMyNight does not act as agent of any Users who are not Promoters or Venues.

6.5 When attending ticketed events bought through DesignMyNight or when making a booking through DesignMyNight, you agree that any film or photography captured of you at the event/venue can be used for promotional purposes only. 

6a. NORMAL PAY TICKET SALES

6a.1. Tickets for Events, or bookings for Venues sold through DesignMyNight normal pay method, will be processed through DesignMyNight’s own online merchant and bank account. Transactions of this nature are covered by this clause 6a.

6a.2. Refunds for bookings at Venues: any refund for a booking at a Venue will be governed by the Venue’s refund policy acting in its sole discretion, and it is the User’s responsibility to check the Venue’s policy prior to making the booking. DesignMyNight has no control over the Venue’s refund policy.

6a.3. Refunds for Tickets and Events prior to the Event: The User may sometimes apply for a refund prior to the Event in question provided that Tickets for the Event remain on sale, although this is at the complete discretion of the Event’s Promoter as legally they are not required to refund a Ticket for an Event where the User has changed its mind about attending. It is the User's responsibility to check the relevant Event policy with the Promoter prior to purchasing the Ticket by clicking on any relevant link to terms and conditions.

6a.4. Refunds where an Event is cancelled: Should an Event be cancelled, the Promoter of the Event will take full responsibility for the refund,  inform the User prior to such cancellation and the User will be entitled to a refund subject to clause 6a.5 below.

6a.5 Where a refund is to be granted by the Promoter or Venue (as applicable) in accordance with clauses 6a.2, 6a.3 or 6a.4 above, and DesignMyNight has not been required to pass on, or has not in fact transferred the relevant User’s monies to the Promoter or Venue (as applicable), DesignMyNight shall endeavour to refund the relevant User’s monies as soon as possible and in any event within 30 days. If, however, the User’s monies have been passed on to the Promoter or Venue (as applicable), then DesignMyNight shall have no obligation to refund the User’s monies and the Promoter or Venue (as applicable) hereby expressly undertakes to refund the User directly in accordance with its terms and conditions. To facilitate this, DesignMyNight shall pass to the User all contact information relating to the Promoter or Venue (as applicable) necessary for the User to obtain a refund directly from the Promoter or Venue (as applicable). Any transaction handling fees that apply to the purchase of Tickets or bookings at Venues will only be refunded where the delivery or handling service has not already been carried out.

6a.6 Any refunds requested by the User are the responsibility and discretion of the Promoter only. The User through buying a ticket on DesignMyNight commits to the Promoter's own terms and condition stated on the issued ticket and on their ticket web page. 

6b. DIRECT PAY TICKET SALES

6b.1. Tickets sold through DesignMyNight direct pay method (including via the Collins Software), are Tickets sold for Events advertised by Promoters and bookings at Venues, where transactions are processed through the Promoter's or Venue’s (as applicable) merchant account, not DesignMyNight. Transactions of this nature are covered by this clause 6b.

6b.2. The Event Promoters and Venues are directly responsible for setting their own terms and conditions, including cancellation and refund policy.

6b.3. It is the responsibility of the User wishing to purchase a Ticket for an Event or book a Venue to check the terms referred to in 6b.2 above with the Promoter or Venue (as applicable) before the purchase of any Tickets or booking of a Venue.

6b.4. DesignMyNight is in no way responsible for Tickets or bookings for Venues sold through the direct pay method and has no authority to issue refunds. Users must contact the relevant Promoter or Venue regarding any refund and the Promoter or Venue (as applicable) hereby expressly undertakes to pay such refunds as are due to Users in accordance with its terms and conditions.

6b.5 Any refunds requested by the User are the responsibility and discretion of the Promoter only. The User through buying a ticket on DesignMyNight commits to the Promoter's own terms and condition stated on the issued ticket and on their ticket web page. 

7. INTELLECTUAL PROPERTY

7.1. All rights in the design, text, graphics, music, photographs, sound, video and other material on the Website and the selection or arrangement thereof are the copyright of DesignMyNight or other third parties.

7.2. The User must not modify the paper or digital copies of any materials they have printed off or downloaded from the Website in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

7.3. The User must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from DesignMyNight.

7.4. If the User prints off, copies or downloads any part of the Website in breach of these Terms, the User shall have no further rights to use the Website or Service and the User must, at DesignMyNight's option, return or destroy any copies of the materials they have made.

7.5 Any Tickets issued by DesignMyNight are the intellectual property of DesignMyNight and it reserves all rights to place whatever advertising on such Tickets as it sees fit.

8. USERS’ WARRANTIES AND REPRESENTATIONS

8.1. The User warrants to DesignMyNight that its use of the Service shall:

8.1.1. not be in breach of any contractual, statutory or common law rights of any third party (including but not limited to infringement of Intellectual Property Rights, data protection, defamation, theft, fraud, drug-trafficking, money-laundering and terrorism statutes);

8.1.2. not entail the obtaining or attempting to obtain, the Service by re-arranging, tampering with, or connecting with any facilities of DesignMyNight, or by any trick, scheme, false representation or by or through any other fraudulent means whatsoever;

8.1.3. not entail the obtaining, accessing, altering or destroying any one or more from the data files, programs, procedures and information of DesignMyNight or of another User of the Service;

8.1.4. attempting and/or assisting another to perform the acts prohibited in 8.1.2 and 8.1.2 above;

8.1.5. not interfere unreasonably with the use of the Service by any other User or authorised person;

8.1.6. not be threatening, fraudulent, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable or inappropriate as determined by DesignMyNight at its sole discretion; and

8.1.7. not cause any PDPs to be transmitted to the Server.

8.2. The User warrants that all the information that it supplies to DesignMyNight shall be accurate, complete and true in all respects and the User agrees that it shall notify DesignMyNight immediately of any changes to such information or if such information becomes out of date.

8.3 Breach of any of these warranties shall result in the User being banned from using the Service by DesignMyNight acting in its sole discretion, without prejudice to any claim or rights DesignMyNight may have relating to such breach.

9. EXCLUSION OF WARRANTIES / LIMITATION OF LIABILITY

9.1 No liability for attending Events and/or Venues: The User acknowledges and accepts that DesignMyNight is purely a platform for Users to find Promoters/Events and Venues and acts as agent of the Promotor and/or Venue to enable Users to conclude ticket purchases or bookings.  DesignMyNight does not have any control over any Promoter, Event or Venue or the service provided by such Promoter, Event or Venue, and accordingly takes no responsibility for damages, injury or loss of any kind incurred by the User from attending an Event and/or Venue via Tickets purchased or a booking made via the Website, or a User being refused access to an Event or Venue for not complying with the Event or Venue regulations. In such circumstances the Venue or Promoter (as applicable) will be directly liable to the User, however it is the responsibility of the User to familiarise themselves with the Venue’s or Promoter’s (as applicable) rules and regulations prior to attending the Venue and/or Event.

9.2. The Service is provided "as is" without any warranty of any kind either express or implied. On occasion the Service may be interrupted or suffer technical errors due to factors beyond our control. DesignMyNight shall use reasonable endeavours to rectify any issues. DesignMyNight monitors its systems to ensure that all automated facilities may be available for ‘Out of Hours’ service, however this is not a given.  In relation to Promoters and Venues, DesignMyNight will offer technical support of its own systems during normal working hours, but is not responsible for the technical support of any Promoter’s or Venue’s website, hardware or systems. DesignMyNight are not responsible for the promotion of Venues, Events or Ticket sales, and use of the Service by a Promoter and/or Venue does not guarantee the sale of any Tickets or any bookings at such Venue respectively.

9.3. Subject to clause 9.5, DesignMyNight (including its directors, employees or other representatives) will be not be liable for loss of profits; loss of business or revenue; consequential damages; depletion of goodwill or similar losses; loss of anticipated savings; loss of goods; loss of use; loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses in connection with the use of the Service.

9.4. Subject to clause 9.3 and 9.5, in the event that DesignMyNight incurs any liability, such liability shall in all cases be limited to:-

a) in relation to Users who have booked a Venue or purchased Tickets for an Event, one hundred pounds or the price of any applicable Tickets purchased/booking made for a Venue, whichever is the higher;

b) in relation to Venues, the fees actually paid by the Venue in question to DesignMyNight in the year preceding the date on which the latest event giving rise to the loss occurred;

c) in relation to Promoters the amount of commission actually paid to DesignMyNight in respect of the Event in question;

d) in relation to Reps, the value of any fees paid to such Rep within the 3 months preceding the date on which the latest event giving rise to the loss occurred.

9.5. Notwithstanding the foregoing, none of the exclusions or limitation in this clause 9 are intended to limit any rights a User may have as a consumer under local law or statutory rights which may not be excluded, nor in any way exclude or limit DesignMyNight's liability to a User for fraud, or death or personal injury resulting from DesignMyNight's negligence or that of DesignMyNight's employees or agents.

10. INDEMNITY RELATING TO PROMOTERS AND VENUES ONLY

Promoters and Venues shall indemnify and hold DesignMyNight harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by, DesignMyNight as a result of or in connection with any claim made against DesignMyNight in respect of any liability, loss, damage, injury, cost or expense sustained by DesignMyNight's employees or agents or by any User or third party to the extent that such liability, loss, damage, injury, cost or expense was caused by, relates to or arises from attendance by a User of an Event or a Venue itself, or is as a consequence of a breach or negligent performance or failure or delay in performance of the obligations of the Venue and/or Promoter under these Terms.

11. TERMINATION

11.1. Any party may terminate the contractual agreement governed by these Terms immediately by notifying the other party in writing, without prejudice to any rights or claims accrued by either party prior to the date of termination under these Terms. Upon termination the User shall cease to have any right to use the Website or Service.

11.2 In the event that a Venue or Promoter fails to pay any fees agreed separately in writing with DesignMyNight for use of the Service, then DesignMyNight may terminate the Promoter’s or Venue’s (as applicable) use of the Website and Service with immediate effect acting in its sole discretion, without prejudice to any claim or rights DesignMyNight may have prior to such termination.

12. WAIVER

Failure or neglect by DesignMyNight to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of DesignMyNight's rights hereunder nor in any way affect the validity of the whole or any part of these Terms nor prejudice DesignMyNight's rights to take subsequent action.

13. ASSIGNMENT

13.1. Neither these Terms nor the benefit of the Service may be assigned or transferred by the User whether voluntarily or involuntarily or by operation of law, in whole or in part, to any party without the prior written consent of DesignMyNight, and DesignMyNight reserves the right to charge for any time or costs incurred by its staff in so doing. No such assignment by the User howsoever occurring shall relieve the User of its obligations hereunder.

13.2. DesignMyNight is entitled to assign or transfer any or all of its rights and obligations under these Terms or the benefit of the Service at any time without the need for any consent from any User (including a Promoter and/or Venue).

14. TERMS RELATING TO REPS ONLY

14.1. DesignMyNight provide a platform and functionality for Reps to enable them to promote Tickets on behalf of Promoters.

14.2. The commission rate is set by the Promoter, not DesignMyNight.

14.3. Under no circumstances are Reps considered to be ‘employees’ of DesignMyNight or the Promoter.

14.4 Reps should report any technical issues with the rep platform to DesignMyNight.

14.5 DesignMyNight shall not liable for any loss incurred by technical issues on the Website.

14.6. All commissions are tracked through the Rep’s individual tracking link.

14.6.1. Commission will only be paid for sales of Tickets that come through to the Promoter’s event page through the Rep’s individual tracking link.

14.6.2. Where Events are cancelled, or the Ticket is refunded for any reason, commission will not be paid to the Rep under any circumstances.

14.6.3. DesignMyNight will not owe any commission to a Rep in respect of a Ticket sold by the Rep, unless and until it has received the corresponding payment for such Ticket from the Promoter.

14.6.4. Reps can only make a withdrawal on funds from accrued commission providing the total is more than £10.

14.6.5. Subject to the other sub-clauses of this clause 14.6, commission will only be paid once the event date relating to the Ticket has passed and at the latest within 60 days of the event.

15. TERMS RELATING TO PROMOTERS ONLY

15.1. DesignMyNight reserves the right to withhold funds (i) at any time as DesignMyNight determines to be necessary for the processing and settlement of all refunds, disputed charges, charge backs, customer complaints, allegations of fraud, and other discrepancies (ii) in the event that the Promoter has outstanding debts to DesignMyNight, in which case it may withhold all revenue for Tickets sold until such debts are paid and cleared in full and (iii) as otherwise permitted pursuant to these Terms.

15.2. Promoters agree that all revenue from Tickets for an Event is only due and payable to Promoters following conclusion of the applicable Event (even if DesignMyNight sends advance sums to the Promoter under clause 15.4) and all revenues from Tickets sold via the Website ultimately due will be net of all service fees and commissions which shall be retained by DesignMyNight, and any refunds, disputed charges, charge backs and other deductions which DesignMyNight judges necessary, acting in its sole discretion, in order that it may settle any issues with its Users who have purchased relevant Tickets.

15.3. If (i) payments have already been made by DesignMyNight to a Promoter for Tickets sold by DesignMyNight to a User under clause 6a or (ii) the User purchases Tickets for an Event under clause 6b (Direct Pay Ticket Sales), and that Event is cancelled, such Promoter will immediately issue refunds directly to Users who have purchased a Ticket via the Website for the cancelled Event, within ten working days of the date on which the Event is cancelled. 

15.4. The Promoter agrees that any payment by DesignMyNight of revenue from Tickets sold under clause 6a prior to three working days after the Event date of the applicable event are merely advances of amounts that may become due to the Promoter under these Terms and that DesignMyNight may demand such advances back, in its sole discretion, and the Promoter shall thereupon within 5 working days, after such demand, pay back DesignMyNight such advance or any portion thereof demanded by DesignMyNight. 

15.5. All communications or disputes regarding refunds are between the Promoter and User who purchased Tickets on the Website, and DesignMyNight will not be responsible or liable for, and the Promoter hereby agrees to fully indemnify DesignMyNight and its affiliates for any claims for refunds, errors in issuing refunds, or lack of refunds, and/or charge backs and associated costs incurred by DesignMyNight in connection with the purchase of Tickets via the Website. 

15.6. All Promoters acknowledge and agree that DesignMyNight shall have the right to force a refund of any or all Tickets at any time if DesignMyNight receives complaints from a substantial number (as determined by DesignMyNight in its sole discretion) of Users with respect to the applicable Event or another Event held by a Promoter, or DesignMyNight determines in its sole discretion that a Promoter has engaged in any fraudulent activity or made any misrepresentations. 

15.7. DesignMyNight uses secure payment systems, but in the case that any fraudulent purchase made by a customer and a charge back occurs in respect of a payment that DesignMyNight has transferred to the Promoter, then DesignMyNight will invoice the Promoter for such charge back to be paid to DesignMyNight within 5 days of receipt of invoice and may deduct such sums owed to it by the Promoter from any revenue taken by DesignMyNight on behalf of the Promoter, even where this relates to a different Event.  

15.8. Any funds due to the Promoter will be remitted to the Promoter within 3-5 working days after the relevant Event to a bank account nominated by the Promoter prior to this date or as otherwise agreed in writing with DesignMyNight.  

15.9. All booking fees and commission rates charged by DesignMyNight are subject to VAT which will be added on to such fees and commissions. 

15.10. All Promoters must use the DesignMyNight ticket widget/link provided by DesignMyNight on their websites for selling Tickets to Events unless separate agreement to the contrary is made between the Promoter and DesignMyNight in writing.

15.11 DesignMyNight reserves the right to remove and halt ticket sales and any associated promotion of the Promoters event at their discretion. 

15.12 Any commission owed to DesignMyNight by Promoters for ticket sales is non refundable once the net payment has been made to the Promoter for ticket sales. 

15.13  If a Chargeback is raised by a User for any events run by the Promoter, we reserve the right to refund the payment to the cardholder at any time. 

15.14 If we suspect fraud on any transactions relating to the Promoters events, we reserve the right to cancel and refund the purchase. 

15.15 Our Privacy statement explains our responsibilities and how we look after your data.  

15.16 Our Service Level Agreement for Tonic is detailed here. 

16. NOTICES

Any notice required or permitted under these Terms or required by statute, law or regulation shall (unless otherwise provided) be in writing and shall be delivered in person, or sent by registered mail or air mail as appropriate, properly posted and fully prepaid in an envelope properly addressed to DesignMyNight as follows:

WFL Media Ltd

4th Floor

86-90 Paul Street

London

EC2A 4NE

 

or to such other address as may from time be designated by notice set out on the Website or otherwise notified to the User. DesignMyNight may either email Users at the email address provided by such User or notify Users of any matter by displaying a message on the Website (at its sole discretion).

Any such notice displayed on the Website shall be considered to be received within six working days after it was posted on the Website, and if emailed to a User, at the time the email was sent.

17. INVALIDITY

If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.

18. ENTIRE AGREEMENT

These Terms supersede any arrangements, understanding, promises or agreements made or existing between the parties hereto prior to these Terms in respect of the Service and constitute the entire understanding between the parties hereto regarding the same. Except as otherwise provided herein, no addition, amendment to or modification of these Terms shall be effective unless it is in writing and signed by and on behalf of both parties.

19. THIRD PARTIES

Nothing in these Terms confers or purports to confer on any third party who is not a User (or a Venue or Promoter or Rep), any benefit of any right to enforce any of these Terms pursuant to the Contracts (Rights of Third Parties) Act 1999.

20. CONFLICT

In relation to Promoters and Venues only where relevant, in the event of any conflict between these Terms and the terms governing use of the Collins Software, then the terms relating to the Collins Software shall prevail.

21. LAW

These Terms shall be governed and construed in accordance with English Law and parties hereby submit themselves to the exclusive jurisdiction of the English Courts in respect of any claim (including non-contractual disputes or claims).

 

22. TERMS AND CONDITIONS FOR COMPETITIONS

Email entries for competitions can only be done on the online form on the competition homepage. One entry per person, no bulk or third party entries.

Competitions are open to all UK residents (over the age of 18) except employees of designmynight, the companies or organisations with whom the competition or offer is being run, their agents or anyone directly connected with the promotion.

Prizes are as stated only and no cash alternatives will be given. However a Promoter has the full and free right to alter arrangements or prizes should circumstances change.

All entrants to competitions and offers are deemed to have accepted these rules and agreed to be bound by them and agree to co-operate in any publicity that may arise.

The closing date for receipt of entries is as stated for each individual competition online. The winner(s) will be drawn at random from all valid entries, and will be notified by telephone, email or post within two weeks of the closing date.

The winning answers and the names of prize winners will be made available to those who send an SAE to WFL Media head office at 86-90 Paul Street, London, EC2A 4NE

The decision will be final and no correspondence will be entered into. All entries and copyright in them automatically become the property of Designmynight.

 23. SODA VOUCHERS TERMS AND CONDITIONS 

· All Vouchers are issued by and redeemable in the sum stated, against the venue or event organiser (subject to availability).

· The Voucher is non-transferable (except as expressly agreed with the venue/event organiser) and non-refundable.

· It may only be redeemed once and expires on the expiry date.

 

24. ADVERTISEMENTS

24.1 Advertisements placed on the DMN website are in no way intended as endorsements of the advertised products, services or related advertiser claims by DMN.

24.2 Whilst every effort has been made to make sure the accuracy of the content of the advertisement(s) placed on the DMN website, DMN cannot accept any liability for errors or omissions contained in any of the advertisements placed on the DMN website. DMN does not accept any liability for any information or claims made by the advertisement or the advertiser.

24.3 Advertisements placed on the DMN may be subject to geographical exclusions.

24.3.1 Advertisements of products and services that contain alcohol may not be available in Scotland due to Scottish licensing laws.

24.4 Where an advertisement contains links to other websites or materials provided by third parties, these links are provided for your information only. DMN has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

25. REFERRALS

25.1 If the User has the referral element included in its Collins agreement, it must complete the venue listing information by using the forms within the ‘My Account’ section of the DesignMyNight website.

25.2 Should the User not complete its venue listing, DesignMyNight reserves the right to complete the venue listing on the User’s behalf using information sourced online via the User website, social media accounts and other similar publications who have referenced the User’s business.

25.3 It is the responsibility of the User to ensure that the information within the venue listing is correct and if not, the User must update this. DesignMyNight shall not be liable for inaccurate or out of date information.

 

26. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

26.1 The Content placed on the Website for the purpose of promoting an Event, or Venue has been provided to Designmynight by the Promoter, Event or Venue.

26.2 The Promoter warrants that they own the Intellectual Property Rights in the Content provided to Designmynight.

26.3 Designmynight shall not be liable for any claims of infringement of Intellectual Property Rights in respect of the Content provided, displayed or otherwise used by the Event, Venue or Promoter.

26.4 Designmynight, at its sole discretion, reserves the right to remove and/or suspend Content that is subject to a third-party Intellectual Property Rights infringement claim at any time.

If you believe that any of the Content on the Website infringes your copyright, please contact the relevant Promoter, Event or Venue directly”