Terms Of Website Use
PART 1: GENERAL PROVISIONS
- The following definitions apply to these terms and conditions:
- Content Standards means our content standards as set out in clause 3
- Fees means the fees payable to us under the provisions of clause 25
- Registered User means a user registered under the terms of clause 17
- User means any user of this website
- Terms means the terms set out in Part 1 (General Provisions) and Part 2 (Registered User Provisions)
- Reputation score is a score based on Buyer feedback from previous jobs, representing the trustworthiness of a Supplier on a scale of 0 to 100.
- Last reputation score update time refers to the last time AnyParty updated the reputation score and the feedback of a Supplier. The reputation score is updated whenever; a feedback is left by a customer, a customer clicks the “never leave feedback” link, or an administrator updates the reputation score manually.
2. Information about us
www.anyparty.co.uk is a site operated by AnyParty (“We”). Our main trading address is Seabrights Cottage, 192 Galleywood Road, Great Baddow, Essex. CM2 8NB.
3. Accessing our site
- 1.1.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
- 1.1.2 From time to time, we may restrict access to some parts of our site, or our entire site, to Registered Users.
- 1.1.4 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
- 1.1.5 We may record calls for training purposes in-house, and reserve the right to call upon these records if a dispute is in existence.
2.1 Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
- 2.1.1 In any way that breaches any applicable local, national or international law or regulation.
- 2.1.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- 2.1.3 To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
- 2.1.4 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- 2.1.5 To knowingly transmit any data, send or upload any material that contains viruses, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- 2.1.6 To reproduce, duplicate copy or re-sell any part of our site in contravention of the provisions of these Terms.
- 2.1.7 To access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site, or any equipment or network or software owned or used by any third party.
2.2 Content Standards
- 2.2.1 These standards set out below apply to any and all material which you contribute to our site (Contributions), and to any interactive services associated with it.
- 2.2.2 The standards apply to each part of any Contribution as well as to its whole.
- 2.2.3 Contributions must:
- 184.108.40.206 be accurate (where they state facts).
- 220.127.116.11 Be genuinely held (where they state opinions).
- 18.104.22.168 Comply with applicable law in the UK and in any country from which they are posted.
- 2.2.4 Contributions must not:
- 22.214.171.124 Contain any material which is defamatory of any person.
- 126.96.36.199 Contain any material which is obscene, offensive, hateful or inflammatory, or promotes sexually explicit material or violence.
- 188.8.131.52 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- 184.108.40.206 Infringe any copyright, database right or trade mark of any other person.
- 220.127.116.11 be likely to deceive any person.
- 18.104.22.168 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- 22.214.171.124 Promote any illegal activity.
- 126.96.36.199 be likely to harass, upset, embarrass, alarm or annoy any other person.
- 188.8.131.52 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
4. Suspension and termination
- 2.3 We retain the right to determine whether there has been a breach of these Terms through your use of our site. When a breach has occurred, we may take such action as we deem appropriate.
- 2.4.2 A material breach may result in our taking all or any of the following actions:
- 184.108.40.206 Immediate, temporary or permanent withdrawal of your right to use our site.
- 220.127.116.11 Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- 18.104.22.168 Issue of a warning to you.
- 22.214.171.124 Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- 126.96.36.199 Further legal action against you.
- 188.8.131.52 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- 2.5 We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action.
5. Intellectual property rights
- 2.6 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- 2.7 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
- 2.8 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
- 2.9 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
- 2.10 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
6. Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
7. Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
8. Our liability
- 2.11 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
- 2.11.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- 2.11.2 Any liability for any direct, indirect or consequential loss, damage or theft incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site. Any websites linked to it, and any materials posted on it; including, without limitation any liability for loss or income or revenue; loss of business, loss of profits or contracts; loss on anticipated savings; loss of data; and loss of goodwill for any other loss or damage of any kind, however arising and whether caused my tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss damage or theft to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
- 2.12 Location or mapping information is provided for guidance only. It is based on postcodes, so cannot be an exact indicator of the location of a property. No liability is accepted for the accuracy of postcode or location information.
- 2.13 This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
- 2.14 Any responsibility for any claims regards damages, theft or loss lies between the buyer and supplier as the subjects of the contract. AnyParty do not have jurisdiction to enforce any compensation or filing of a claim by a supplier.
9. Information about you and your visits to our site
10. Uploading material to our site
- 2.14 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other Users, you must comply with our Content Standards. You warrant that any such Contribution does comply with those standards, and you indemnify us for any breach of that warranty.
- 2.15 Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
- 2.16 You will not upload material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
- 2.17 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
- 2.18 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the Content Standards.
11. Linking to our site
- 2.19 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- 2.20 You must not establish a link from any website that is not owned by you.
- 2.21 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our Content Standards.
- 2.22 If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
12. Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
13. Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
14. Use of AnyParty
No User shall acquire or use the word “AnyParty” or any variant that includes the word “AnyParty” as a trademark or any related intellectual property.
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you when made. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our site.
16. Your concerns
If you have any concerns about material that appears on our site, please contact firstname.lastname@example.org
PART 2: REGISTERED USER PROVISIONS
- 2.23 Registered Users must:
- 2.23.1 be at least 18 years old; and
- 2.23.2 always provide valid and complete contact information and must always have a valid email address
- 2.24 Registered Users may not misrepresent their identities
- 2.25 We reserve the right to reject your registration at any time and for any reason and without notice to you.
- 2.26 If you are registering on behalf of a business or any corporate body, by registering with us you are confirming that you have the proper authority to bind the business/corporate body on whose behalf you are registering
18. Our Status
- 2.27 We do not provide any entertainment services whatsoever. Our role is to provide a forum where potential buyers of entertainment services (Buyers) and businesses which provide entertainment (Suppliers) can find each other.
- 2.28 It is the role of the parties to select each other on the basis of the services required and the contractual terms and rates offered by each of the parties. We do not carry out vetting of any Registered Users and therefore do not provide any assurances as to the ability of a party to perform its obligations under a contract.
- 2.29 Please note that, with regard to any transaction made between Users, the resulting legal contract is between those parties, and is subject to the terms and conditions of that Supplier or other terms as agreed between the parties. Parties should review any terms and conditions applying to the transaction.
19. Use of the Site
- 2.30 The Site operates as follows:
- 2.30.1 Buyers will post on the Site requirements they have for entertainment services (Buyer Listing);
- 2.30.2 Entertainment providers will be able to offer their services on their own terms in response to any Buyer Listing (Bid). Bids become legally binding contracts, on their full original terms, once accepted by a Buyer.
- 2.31 Buyer Listings and Bids (together Submissions) may be moderated. It will be at our discretion to determine whether or not a Submission falls within our Content Standards.
- 2.32 We cannot guarantee how quickly Submissions will be posted on the Site.
- 2.33 We are under no obligation to you or any other person to oversee, monitor or moderate the Site or any other service we provide on the Site. We reserve the right to remove, or to disable access to, any submission which breaches the Content Standards.
- 2.34 Submissions may not relate to entertainment services that are prohibited by law.
21. Contact Details
- 2.36 Registered Users are not permitted to include contact information for the purpose of soliciting sales outside the Site.
- 2.37 Please note that Suppliers are required by the Electronic Commerce (EC Directive) Regulations 2002 to display their contact details, including the geographic address at which their business is established.
22. Rules for Suppliers
- 2.40 Suppliers must:
- 2.40.1 honour a transaction contract formed with a Buyer;
- 2.40.2 provide the services for which payment was accepted; and
- 2.40.3 Include all taxes, including VAT, and fees payable by the Buyer for the transport services in any Bid, excluding any import or export duty payable on the goods transported.
- 2.41 Suppliers must not:
- 2.41.1 bid against their own Bid, or have associates, or employees do so;
- 2.41.2 significantly misrepresent their services by not meeting the terms and services description outlined in the Bid;
- 2.41.3 Refuse to accept payment for a service if their Bid is accepted; excluding extenuating factors within the boundaries of the law.
- 2.41.4 Attempt to contact Buyers directly or make their business identity or contact information available to Buyers by the use of photographs, images, text or logos. In the event of a transport provider bypassing the website, or placing fabricated bids in attempt to avoid website fees, Anyparty reserves the right to charge the equivalent to what the fee should have been based on the agreed amount. If no bid has been placed or price agreed, Anyparty will determine the deposit/fee price based on anyparty market value. In addition, anyparty will charge a £10 administration fee on all transactions.
- 2.42 All entertainment providers must hold relevant insurance documents, allowing them to operate legally within their relative locations. We reserve the right to spontaneously check with third party insurance companies to whether operators still hold valid insurance policies and licenses.
23. Rules for Buyers
Buyers must not:
- 2.43 Submit their own bids to decrease Bids made by Suppliers. Users bidding for the provision of services must be wholly independent from the Buyer of those services.
- 2.44 Neither Buyers nor Suppliers may interfere with a transaction or offer to buy or supply entertainment in response to a Buyer’s Listing outside of the Site.
- 2.45 We strongly advise customers and entertainment services to avoid sharing any personal contact details, specific locations and bank details via our messaging service on AnyParty Sensitive information can be shared privately once job sheets have been exchanged between the two parties.
- 2.45 We will not be obliged to provide any Registered User with due diligence on any other Registered User.
- 2.46 For each transaction, Buyers and Suppliers can choose to rate each other by leaving Feedback. Buyers and Suppliers can leave a positive, negative, or a neutral rating, plus a short comment.
- 2.47 These ratings are used to determine Feedback Scores. In most cases, Users receive:
- 2.47.1 +1 point for each positive rating
- 2.47.2 No points for each neutral rating
- 2.47.3 -1 point for each negative rating
- 2.48 Suppliers are not permitted to include in their Bids or terms of sale any conditions that limit or restrict the Buyer from leaving feedback.
- 2.49 Buyers are not allowed to threaten Suppliers with negative feedback or neutral Feedback in order to obtain goods or services not included in the original Buyer Listing.
- 2.50 Suppliers may not require Buyers to leave specific feedback. Suppliers may not demand that Buyers withdraw existing feedback. These prohibitions apply to all feedback activity, whether prior to, during, or after delivery of services described in the original Buyer Listing.
- 2.51 Feedback comments must comply with rules on feedback listed on the site. AnyParty reserve the right to remove or modify feedback left by either the buyer or supplier without prior consent of either party.
- 2.52 Reputation score is a score based on Buyer feedback from previous jobs, representing the trustworthiness of a Supplier on a scale of 0 to 100.
- 2.52.1 The reputation score of Suppliers is calculated via a formula rounded to the closest integer. This formula to round means 100 multiplied by a fraction, where the numerator is the total number of positive feedbacks since launch, and the denominator is the total number of negative feedbacks added to the total number of positive feedbacks since launch, as per the last updated score. This rule applies if a provider has less than 20 pieces of feedback.
- 2.52.2 If at last reputation score update time the total number of positive and negative feedbacks left on the specific Supplier between last reputation score update time and 12 months before last reputation score update time were not less than 20, we calculate a more up-to-date reputation score until the next update. We calculate Reputation Score from a rounded formula. This formula to round means 100 multiplied by a fraction, where the numerator is the total number of positive feedbacks between last reputation score update time and 12 months before last reputation score update time. The denominator is the total number of negative feedbacks added to the total number of positive feedbacks both between last reputation score update time and 12 months before last reputation score update time.
- 2.52.3 A reputation score cannot exceed 100 of which if the figure is calculated as a decimal it will be rounded down to 99 if any Buyer left a negative feedback on that particular Supplier between last reputation score update time and 12 months before last reputation score update time. If a supplier has completed more than 20 jobs over a period of 12 months negative feedback will be reflected within the percentage as per the last feedback update.
- 2.53 The Site is free to use for Buyers. A deposit fee (Deposit) is payable by a Buyer when a bid is accepted. The Deposit amount payable is deducted from the total value of the bid displayed to the Buyer upon acceptance. The outstanding balance due is to be paid by the Buyer directly to the Supplier in accordance with the terms and in a manner as agreed between both parties.
- 2.54 The deposit is a percentage of the entertainment costs agreed between the two parties or a minimum fee, whichever is greater (dependent upon external factors, i.e. source of listing).
- 2.55 We may voluntarily waive our right to receive a Deposit in certain circumstances, but any such waiver is entirely discretionary and without accepting any legal obligation to do so.
- 2.56 On accepting any Bid the Buyer must pay the Deposit to AnyParty. We receive this Deposit as agent for the Buyer.
- 2.57 Suppliers are responsible for the collection and payment of all VAT associated with the supply of services to Buyers.
- 2.58 We may suspend, waive or change the method of calculation or rates of Fees at any time, either permanently or for any limited promotional or other period. Any changes will be described on the Site.
- 2.59 Entertainment contracts are formed between Buyers and Suppliers so the negotiation and agreement of any cancellation and its consequences are matters for them. However, if the entertainment company cancels before any entertainment services has been provided the customer can then wish to recover their Deposit or Fee by making a request to us for repayment. No request should be made within 7 days of the date of acceptance of the Bid or until reasonable attempts have been made to agree the terms of cancellation directly.
- 2.60 We will review all cancellation requests. If appropriate the cancelled entertainment requirement will be relisted on the Site or deleted from it. The Deposit or the Fee may be refunded at our sole discretion. Any request for a refund of the deposit fee paid should be made within 30 days of the acceptance of the bid. AnyParty cannot be liable for requests outside this timeframe. No cash refund will be provided once the buyer has received the contact details of the Supplier via any party. In the event that the Suppler in unable to fulfil its obligations as booked then the buyer must contact AnyParty to find an alternative Supplier, only in the event that AnyParty is unable to find an alternative will credit be considered.
- 2.61 In some circumstances, when a job is listed as flexible and the buyer’s job is not completed within a maximum of 1-2 weeks dependant on the selected, the listing will be removed and the prepaid deposit refunded as credit.
27. No Agency
Nothing herein shall create or be deemed to create any joint venture, agency or partnership relationship between ourselves and any Users whatsoever. Users shall not hold themselves out as implying any such relationship with us.
Last Updated 21st May 2017