Please read this agreement carefully as it governs your use of our online Services and limits our liability to the customer (You). By clicking “I accept” at the end of this screen You are forming a contract and agreeing to the terms that appear below. References to “You” and “Your” are to You as an individual. If You use our Service in the course of Your business, You are also agreeing to this agreement on behalf of that business and reference to “You” and “Your” include Your business. If You have any questions please e-mail Us at enquiries@rsvppro.com
You should print a copy of these terms and conditions for future reference.
1. Information About Us
www.rsvppro.com is a site operated by RSVP Pro Limited ("We" or “Us”). We are registered in England and Wales under company number 5861940 and our registered office is 106 Percy Street, Oxford, OX4 3AD. Our main trading address is 106 Percy Street, Oxford, OX4 3AD, England.
2. Service Availability
We will supply to people resident in the United Kingdom the services (“Service” or “Services”) as described on our website on the day the order is placed.
3. Your Status
3.1 By placing an order through our site, You warrant that:
3.1.1 You are legally capable of entering into binding contracts; and
- 3.1.2 You are at least 18 years old.
- 3.1.3 You are resident in the United Kingdom and
- 3.1.4 You are accessing our site from that country
4. How the Contract is Formed Between You and Us
4.1 After placing an order, You will receive an e-mail from Us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Us to buy a Service. All orders are subject to acceptance by Us, and We will confirm such acceptance to You by sending You an e-mail that confirms that the Service will be delivered (the Service Confirmation). The contract (“Contract”) between Us will only be formed when We send You the Service Confirmation.
4.2 The Contract will relate only to those Services We have confirmed in the Service Confirmation. We will not be obliged to supply any other Services which may have been part of Your order until those Services have been confirmed in a separate Service Confirmation.
4.3 Orders may be refused without explanation and entirely at the discretion of RSVP Pro Limited.
4.4 You agree that We may begin to perform the Service as soon as the Contract is formed. Please note that You cannot cancel the Contract once We have started to perform the Service (see Cancellation Rights at clause 12).
5. Our Status
5.1 Please note that in some cases, We accept orders as agents on Your behalf to purchase tickets from third party sellers. The resulting legal contract is between You and that third party seller, and is subject to the terms and conditions of that third party seller, which will be provided to You by Us. You should carefully review their terms and conditions applying to the transaction.
5.2 We may also provide links on our site to the websites of other companies, whether affiliated with Us or not. We cannot give any undertaking, that tickets or services You purchase from third party sellers through our site, or from companies to whose website We have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by Us absolutely. This disclaimer does not affect Your statutory rights against the third party seller. We will notify You when a third party is involved in a transaction, and We may disclose Your customer information related to that transaction to the third party seller.
6. Performance of Services
6.1 Your Service will begin on the Service start date set out in the Service Confirmation or, if no start date is specified, then within 7 days of the date of the Service Confirmation, unless there are exceptional circumstances.
6.2 Our aim is to perform the Services by the date set out in the Service Confirmation. If no date is specified then within 30 days of the date of the Service Confirmation unless there are exceptional circumstances.
7. Price and Payment
7.1 The price of any Services will be as quoted on our site from time to time, except in cases of obvious error.
7.2 You will need to make payment at the time You place Your order. Please note that We will not be able to perform any Services until We have received confirmation of payment.
7.3 Payment for all Services must be by credit or debit card. We accept payment with JCB, Switch, Solo, Maestro, Mastercard, Visa and Visa Delta.
7.4 These prices include VAT.
7.5 Prices are liable to change at any time, but subject to clause 7.6 and 7.7 changes will not affect orders in respect of which We have already sent You a Service Confirmation.
7.6 It is always possible that, despite our best efforts, some of the Services listed on our site may be incorrectly priced. We will normally verify prices as part of our Service Confirmation procedures so that, where a Service's correct price is less than our stated price, We will charge the lower amount when dispatching the Service to You. If a Service's correct price is higher than the price stated on our site, We will normally, at our discretion, either contact You for instructions before dispatching the Service, or reject Your order and notify You of such rejection.
7.7 We are under no obligation to provide Services to You at the incorrect (lower) price, even after We have sent You a Service Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by You as mis-pricing.
8. Consumer Rights
8.1 You cannot cancel the Contract once We have started to perform the Service. Please note that You agree that We may begin to perform the Service as soon as the Contract is formed.
8.2 To cancel the Contract You will need to send a letter to Us. You can send the letter by post, email or personal delivery. Contact details are set out in the Notice clause (clause 12).
8.3 We have a right to terminate this Contract immediately where You have breached any of the terms of this Contract, the Terms and Condition of Website Use or the Privacy Policy.
9. Our Refunds Policy
When You terminate a Service, You must notify Us in writing and at the same time inform Us if You believe You are entitled to a refund. We will only refund payment upon establishing that We are in breach of the Contract or We have not yet begun the Service. We will usually refund any money received from You using the same method originally used by You to pay for Your purchase. We will usually process the refund due to You as soon as possible and, in any case, within 30 days of the day We received Your cancellation or the day We confirmed to You via e-mail that You were entitled to a refund.
10. Data Protection
10.1 You acknowledge and agree that details of Your name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of the Supplier in connection with the Services.
10.2 You warrant that You have observed Your obligations under the Data Protection Act 1998 which arise in connection with the provision and receipt of the Services.
10.3 You warrant that You have obtained all necessary prior consents from individuals whose personal data is to be inputted using the Service and so as to enable Us to process such personal data as contemplated by this Contract (including the transfer of such personal data to third parties).
10.4 You shall indemnify Us against any loss, damages, costs, expenses or other claims arising from any infringement of the terms of this clause.
11. Our Liability
11.1 We aim to carry out the Services with reasonable care and skill. If any part of the Services is performed negligently or in breach of the provision of this agreement, then, on Your request, We will re-perform the relevant part of the Services. We will not be liable to re-perform any part of the Services which We have performed negligently or in breach of this contract unless You notify Us in writing to our contact address.
11.2 Except in the case of death or personal injury caused by our negligence, our liability in connection with any Service purchased through our site is strictly limited to the purchase price of that Service.
11.3 Except to the extent permitted by law, We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. We shall have no liability to pay any money to You by way of compensation other than to refund to You the price You have paid to Us.
11.4 Where You buy any product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
12. Your Liability
You agree to indemnify Us against any claims or legal proceedings which are brought or threatened against Us by a third party who receives an invitation from You through our Service.
13. Import Duty
13.1 If You order Services from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact Your local customs office for further information before placing Your order.
13.2 Please also note that You must comply with all applicable laws and regulations of the country for which the Services are destined. We will not be liable for any breach by You of any such laws.
14. Notices and Contact Details
14.1 All notices given by You to Us must be given to RSVP Pro Limited at enquiries@rsvppro.com or RSVP Pro Limited, 106 Percy Street, Oxford, OX4 3AD, England.
14.2 We may give notice to You at either the e-mail or postal address You provide to Us when placing an order.
14.3 Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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 e-mail that such e-mail was sent to the specified e-mail address of the addressee.
15. Transfer of Rights and Obligations
15.1 The contract between You and Us is binding on You and Us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Intellectual Property Rights
16.1 All Intellectual Property Rights and other rights in documents, products and materials developed by Us in relation to the Service in any form or which existed prior to the commencement of this Agreement, including programs, data, reports and specifications, shall be owned by Us.
16.2 RSVP Pro Limited licenses all such rights to You on a non-exclusive non-transferable basis to such extent as is necessary to enable You to make reasonable use of the Service and subject to the payment in full of all sums payable under this Contract.
16.3 All Intellectual Property rights in any documents or other materials, any data or other information provided by You in relation to the Service shall belong to You.
16.4 You hereby license all such rights to RSVP Pro Limited on a non-exclusive non-transferable basis to such extent as is necessary to enable Us to provide the Service in accordance with this Contract.
16.5 You hereby warrant that any material supplied to RSVP Pro Limited and its use by RSVP Pro Limited for the purpose of providing the Service will not infringe any third party rights, and You shall indemnify RSVP Pro Limited against any loss, damages, costs, expenses or other claims arising from any such infringement.
17. Events Outside Our Control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following; strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18. Waiver
If We fail, at any time during the term of a Contract, to insist upon strict performance of any of Your obligations under the Contract or any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies. A waiver by Us of any default shall not constitute a waiver of any subsequent default. No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with above.
19. Severability
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Interpretation
Words in the singular include the plural and vice versa. Headings shall not affect the interpretation of this Contract. A reference to writing shall include e-mail. A reference to a statute is a reference to it as it is in force for the time being, taking account of any amendment, extension or re-enactment and includes any subordinate legislation.
21. Entire Agreement
21.1 These terms and conditions and any document expressly referred to in them, together with our current website, represent the entire agreement between Us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between Us, whether oral or in writing.
21.2 We each acknowledge that, in entering into a Contract, neither of Us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between Us prior to such Contract except as expressly stated in these terms and conditions.
21.3 Neither of Us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
22. Third parties
For the purposes of the Contracts (Rights of Third Parties) Act this is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
23. Our Right to Vary These Terms and Conditions
23.1 We have the right to revise and amend these terms and conditions from time to time.
23.2 You will be subject to the policies and terms and conditions in force at the time that You order Services from Us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You), or if We notify You of the change to those policies or these terms and conditions before We send You the Service Confirmation (in which case We have the right to assume that You have accepted the change to the terms and conditions, unless You notify Us to the contrary within seven working days of receipt by You of our notice).
24. Law and Jurisdiction
Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.
INTELLECTUAL PROPERTY
1. TRADEMARKS
The RSVP Pro logos as well as the name “RSVP Pro” and RSVP Pro-specific designs found on this site are registered trademarks of RSVP Pro in the UK. RSVP Pro's trademarks may be used publicly only with the written permission of RSVP Pro.
2. OWNERSHIP OF MATERIALS
All content included on the RSVP Pro website, such as text, graphics, logos, button icons, images and software, is the property of RSVP Pro or its content suppliers and is protected by UK and international copyright laws.
The compilation (meaning the collection, arrangement and assembly) of all content on the RSVP Pro website is the exclusive property of RSVP Pro and is protected by UK and international copyright laws.
All software used on the RSVP Pro website is the property of RSVP Pro or its software suppliers and is protected by UK and international copyright laws.
The content and software on the RSVP Pro website may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.
RSVP Pro does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
3. COPYRIGHT POLICY
We will terminate the privileges of any user who uses the RSVP Pro website to unlawfully transmit copyrighted material without a license, express consent, valid defence or fair use exemption to do so. In particular, users who submit Content to the RSVP Pro website, whether articles, images, stories, software or other copyrightable material must ensure that the Content they upload does not infringe the copyrights or other rights of third parties (such as privacy or public rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used the RSVP Pro Website as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to the RSVP Pro website. We may, also in our sole discretion, decide to terminate a user's rights to use or access to the RSVP Pro website prior to that time if we believe that the alleged infringement has occurred.