Effective Date: 7th September 2016

1. Introduction

1.1

This website is owned and operated by Etch Rock Limited. Our company information is at the end of this document.

1.2

Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using our Service (as defined below) you agree to be bound by these terms and conditions.Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future.

2. Definitions

2.1

Capitalised terms have the following meanings in these terms and conditions:

  1. "Consumer" - a natural person acting outside his or her trade, business or profession.
  2. "Content" - all information of whatever kind (including profiles, event pages, posts, comments, images, photos, audio, video etc.), published, stored or sent on or in connection with our Service.
  3. "Event" - an event promoted on our Service.
  4. "Service -our website, the services we offer by means of our website and any related software and services.
  5. "User" - a person who uses our Service (whether or not registered with us).

3. Changes to the terms and conditions

3.1

We may change these terms and conditions by posting the revised version on our website at least 14 days before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.

4. Use of our Service

4.1

We grant Users a limited personal right to use our Service subject to these terms and conditions.

4.2

You are not eligible for, and must not use or register on, our Service if:

  1. you are below 14 years of age; or
  2. display of or access to any aspect of this Service is illegal under the laws (if applicable) of the country from which you are accessing the Service (e.g. because the country does not permit such a Service or display of or access to such material at all or because you are under the relevant age limit in that country); or
  3. you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment.

4.3

You agree that you will not in connection with the Service:

  1. breach any applicable law, regulation or code of conduct or infringe any intellectual property or other rights of others;
  2. publish or send any Content (including links or references to other content), or otherwise behave in a manner, which is unlawful, threatening, harassing, invasive of privacy, defamatory, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, abusive or deceptive or which involves phishing or scamming or which is otherwise inappropriate;
  3. publish or send any Content which involves revealing any personal data of another person (ie information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person's explicit written consent or you are the parent/guardian of such person;
  4. publish or send any Content which links to any third party websites which are unlawful or contain inappropriate Content;
  5. sell access to the Service;
  6. sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorized by us;
  7. use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
  8. do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings;
  9. do anything which may negatively affect other Users’ enjoyment of the Service;
  10. gain unauthorised access to any part of the Service or equipment used to provide the Service;
  11. use any automated means to interact with our systems excluding public search engines; or
  12. attempt, encourage or assist any of the above.

4.4

You must comply with any guidelines or requirements on our website.

4.5

You must promptly comply with any reasonable request or instruction by us in connection with the Service.

4.6

We are entitled to impose and/or change limitations on usage of our Service, for example in relation to the numbers of Users who can be followed.

5. Your Content

5.1

You are responsible for your Content.

5.2

You must ensure that your Content (including Content supplied to us and Content displayed on our Service) is accurate and not misleading and you will update it so that it remains so.

5.3

You promise to us that you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions.

5.4

If you use any features on our site 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.

5.5

We reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content or behaviourif 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 act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.

5.6

You acknowledge that if you create a public event, other Users who join the event are entitled to reproduce the details of the event including event name, description of the event and relevant images and to use the event to fundraise for their own cause. If you join a public event, you undertake that your related Content will be appropriate, reasonable and respectful of the spirit and nature of the event and that you will comply with any reasonable request by the owner of that event.

5.7

We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.

5.8

It is your responsibility to make your own backup of any Content stored within the Service to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.

5.9

We reserve the right to place advertisements adjacent to or within your Content. We retain all revenue from such advertisements.

5.10

We reserve the right without notice to irretrievably delete your Content following cancellation of this agreement or if your account has been inactive for sixmonths.

6. Content of other Users

6.1

You accept that we have no obligation to vet or monitor Users or their Content. We do not endorse or recommend any profiles, events or other Content.You rely on such information at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users.It is your responsibility to carry out careful and detailed investigations before dealing with other Users including use of or reliance on their Content. You should not assume that any Content from another User is accurate and be aware that a person may not be who he or she claims to be.

6.2

You acknowledge that in using the Service you may be exposed to offensive or other inappropriate Content or behaviour. If so, you must notify us immediately by support@etchrock.com.We are under no obligation to enter into dialogue on the receipt of a complaint, nor are we obliged to act on every complaint received or to advise you of any action we do decide to take. All complaints must clearly explain the reason for complaint.If appropriate, you should seek relevant external help, for example from law enforcement authorities and/or stop using the Service.

7. Eventss

Definitions

7.1

Users who offer Events are describedbelow as "Organisers" and those who buy tickets are "Participants".Our payment service provider is abbreviated to "PSP".

Contract between Organisers and Participants

7.2

Organisers and Participants contract with each other on the following terms as well as on any other applicable terms in this agreement.

7.3

Organisers will promptly notify Participants if an Event is cancelled and are responsible for making full refunds via our Service of all payments made by Participants. When making refunds, Organisers are responsible for making up any shortfall arising from deduction of our or payment provider fees from funds received by the Organiser.

7.4

Organisers promise that they will operate their Events in accordance with the highest standards reasonably to expected, in accordance with all applicable laws and regulations and in a manner which does not infringe any third party rights.

7.5

Organisers will use any contact or other personal information supplied by Participants strictly in accordance with applicable data protection and other laws.

7.6

Organisers and Participants agree that they will deal with each other in a courteous and polite manner.

Payment for Events

7.7

Participants can buy tickets for Eventsby making payments to our PSP.

7.8

Participants may not cancel ticket purchases for Events.

7.9

Participants must maintain a valid payment card registered with our PSP and must update it if it expires.

Fees - applicable to Organisers only

7.10

You acknowledge that we are entitled to deduct our fees from all ticket payments at the rate (plus applicable VAT) specified on our website on the date that the Event is launched on our Service. These rates may change and so you should check them each time you launch an Event. The applicable PSP fees will also be deducted.

7.11

You also acknowledge that neither we nor the PSP are liable to repay any fees to you if you decide, or are obliged, to make any refunds to Participants.

7.12

You are liable to repay to us the amount of any chargeback (i.e. card payment disputed with a card issuer) arising on any payment which we have sent to you including any related fees, penalties or other charges.

Our role

7.13

We are entitled at any time for any reason with or without notice to reject or remove any Event from our Service.

7.14

Organisers and Participants separately promise us that they will comply with, and be bound by, their contracts with each other as set out above. We are not a party to those contracts. Any legal recourse relating to an Event is against the relevant Organiser or Participant and not against us.

7.15

While we reserve the right to decide whether to allow anEvent onto the Service, that does not constitute any form of endorsement by us. All payments are made direct to our PSP. We do not hold funds on behalf of Organisers and do not provide refunds. Organisers are free to take ticket proceeds at any time. We do not investigate or supervise and are not responsible for Events, Organisers or Participants. We do not promise that any Event will take place or that it will be of any particular quality. Nor do we mediate disputes between Organisers and Participants (unless we choose to do so in our discretion). You participate in Events at your own risk.

7.16

We do not guarantee that any Event will achieve any particular level of funding or sales.

PSP

7.17

If Stripe are specified on our Service as our PSP, then the following applies: Payment processing services for Events are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to this agreement, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of our enabling payment processing services through Stripe, you agree to provide us with accurate and complete information about you and your business, and you authorise us to share it and transaction information related to your use of the payment processing services provided by Stripe.

7.18

We are not responsible for the acts or omissions of our PSP.

8. Third party websites / services

8.1

We may use third party-provided services or display third party advertising within our Service and/or link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sitesor services. You use them at your own risk.

8.2

Any donations are made through JustGiving or our other partner specified on our Service. We are not involved in the collection or distribution of donations and have no responsibility in connection with such donations. If you intend to make or receive donations, it is your responsibility to satisfy yourself that the partner website / service is suitable for your purposes and you accept that you are subject to any applicable terms and conditions on the partner website.

9. Guidance on our site

9.1

Any guidance or similar information which we ourselves make available on our Service is intended as very general guidance information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it.

10. Security

10.1

Your account on our Service is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

11. Suspension / cancellation

11.1

You may at any time cancel this agreement by following the instructions on our Service. A request for cancellation under this clause does not give rise to any refund.

11.2

We are entitled at any time (with or without notice) to cancel this agreement or suspend part or all of our Service if we have reason to believe that you have breached our terms and conditions or if any fees are unpaid / unjustifiably charged back or if it is necessary to protect us or others or if we are required to do so by law or appropriate authority.

11.3

We are entitled at any time to cancel this agreement by email notice if we terminate our Service as a whole.

11.4

Following cancellation of this agreement: Your right to use our Service is terminated.Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our Service if we have given you notice of cancellation.

12. Functioning of our Service

12.1

We do not guarantee that the Service will be uninterrupted or error-free. We will use reasonable endeavours to rectify faults if they occur.

12.2

We are entitled, without notice and without liability, to suspend the Service for repair, maintenance, improvement or other technical reason.

12.3

We are entitled to make changes to the Service.

13. Liability

13.1

Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for 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.

13.2

You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.

13.3

Very important: If you are a Consumer,we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

  1. there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
  2. such loss or damage was not reasonably foreseeable by both parties;
  3. such loss or damage is caused by you, for example by not complying with this agreement;or
  4. such loss or damage relates to a business.

13.4

Very important: If you are a Consumer,you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).

13.5

The following clauses apply only if you are not a Consumer:

  1. 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. In this clause, any reference to us includes our employees and agents.
  2. Our liability of any kind (including our own negligence) with respect to any Event is limited to the total fees paid to us in connection with such Event.
  3. In no event (including our own negligence) will we be liable for any:
  4. i)economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

    ii)loss of goodwill or reputation;

    iii)special, indirect or consequential losses; or

    iv)damage to or loss of data

    (even if we have been advised of the possibility of such losses).

  5. 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.
  6. 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.

14. Intellectual property rights

14.1

All trade marks, logos, Content, graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our partners or other Users. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.

14.2

For the avoidance of doubt you may not collect, scrape or harvest any Content on our Service or deep-link to or frame Content on our Service without our specific prior written consent.

14.3

You must not circumvent or otherwise interfere with any security related features of the Service or features that limit or prevent copying of Content or which restrict use of Content.

14.4

If you publish any Content on our Service, you grant us a worldwide, perpetual, non-exclusive, transferable (with right to sub-license), royalty-free licence to use, copy, alter, display, and create extracts of, or derivative works from, that Content in any media formats, on our own Service, on our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party 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 permitted.You also grant each User a license to use your Content in accordance with these terms and conditions.

15. Privacy

15.1

You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.

16. "Act of God"

16.1

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.

17. Transfer

17.1

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.

18. English law

18.1

These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

19. General

19.1

We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a "waiver" (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.

20. Complaints

20.1

If you have any complaints, please contact us via the contact details shown on our website or write to us at our trading address below.

21. Company information

21.1

Company name: Etch Rock Limited.

21.2

Country of incorporation: England and Wales.

21.3

Registered number: 08759534

21.4

Registered office: 6B Parkway, Porters Wood, St Albans, Hertfordshire, AL3 6PA,

21.5

Trading address: Unit 11, Beaumont Hall, Redbourn Road, St Albans Hertfordshire, AL3 6RN, UK.

21.6

Other contact information: See our website.

21.7

VAT number: 197010414



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