INTRODUCTION
This document sets out our Terms and Conditions on which you (the “Venue” or any of your representatives) agree to be bound by listing and advertising your venue on the topvenues-london.co.uk website (“The Website”). Topvenues-London offers a free service to visitors of its website (“Users”) that are looking to easily find, compare and contact venues.
Topvenues-london.co.uk, Topvenues-London.com and Topvenues-London are registered trademarks and tradenames owned by Web-Effects B.V., a venue-search & event company with offices in London and Amsterdam.The website is operated by Web-Effects B.V., a private limited liability company registered in the Netherlands under registration number 34196938 whose registered office is at Duivendrechtsekade 85, 1096 AJ Amsterdam (hereinafter referred to as “Topvenues-London”).
Users of the website make bookings directly with venues. Topvenues-London acts only as an intermediary to help advertise venues, to refer users to venues and to increase your traffic. Any contract, arrangement or agreement is between you and a user. Topvenues-London is not a party to nor liable under any contract, arrangement or agreement entered into between venue and user, nor is Topvenues-London a contracting agent or insurer. Topvenues-London does not charge commissions or booking fees to users or venues. Topvenues-London only charges an annual subscription fee to venues.
1. APPLICABLE TERMS
These terms and conditions as well as the intellectual property rights are applicable to all contracts and services of Topvenues-London.
1.1 Offering , soliciting or posting, including without limitation, text, graphics, images, audio material, video material, audio-visual material, scripts, software and files (“Content”) subject to copyright and intellectual portrait rights is not allowed.
1.2 Content of third parties may not be used without permission of the copyright holder.
1.3 It is not permitted to use protected names or logos of other companies in your advertisement.
1.4 Advertisers need to ensure that their content is authentic before publishing it on the website. If you have any doubts about the authenticity of (part of) your content, do not publish it.
2. FORMATION , AMENDMENT AND CANCELLATION NOTICE
2.1 The contract entered into between you and Topvenues-London is considered to be legally binding after Topvenues-London has received a signed copy of the agreement.
2.2 The signed agreement will be deemed correct and complete, unless you object in writing to the contract within eight days.
2.3 Required changes to the listing of your Venue on the website will be implemented by Topvenues-London at no additional cost. Topvenues-London will not be responsible, or liable to any third party, for the content or accuracy of any content published by you to the website or otherwise. Topvenues-London reserves the right to remove any Listing, if in Topvenues-London’s opinion, that listing does not comply with acceptable content standards.
2.4 Cancellation of the contract is possible in written form only within eight days of receipt of the signed copy of the agreement.
3. TERMS OF PAYMENT
3.1 Venues will be invoiced for the payment of the annual subscription fee. Payment shall be made within 14 days of the invoice date.
3.2 For any invoices which are more than 30 days overdue, Topvenues-London reserves the right to pass these debts to a 3rd party debt collection agency or reclaim monies directly via the County Court Money Claim process. Topvenue-London reserves the right to charge late payment penalties under the Late Payment of Commercial Debts Regulations 2002 and will charge £100 in addition to interest charged at 8% over the Bank of England base rate Late Payment of Commercial Debts Regulations 2002.
3.3 In the event that invoices are not paid within 10 days of their due date, your listing may be suspended.
4. LIABILITY
4.1 The liability of Topvenues-London in case of improper performance of the contract is limited to the price charged to the venue for the advertising fee.
4.2 Topvenues-London accepts no responsibility for the content of venue advertisements. The venue indemnifies Topvenues-London against all claims by third parties. Content supplied or made available to Topvenues-London by the venue may not infringe on any patent, license, copyright, registered design, trade mark or trade name. The venue indemnifies Topvenues-London of all claims of this nature and will compensate Topvenues-London for any damage caused.
4.3 The venue shall bear the risk of errors in the content submitted.
5. DURATION AND TERMINATION OF CONTRACT
5.1 Contracts run for a minimum period of 12 months from the date of the signed agreement. Termination notice must be given in writing and at least two months before expiry of the contract.
5.2 Agreements will renew automatically on an annual basis and again for a period of one year.
5.3 The contract price may be increased by a percentage equal to the inflation rate in the previous year, plus a maximum surcharge of up to 4% annually.
6. COMPLAINTS
Any complaints will be dealt with as soon as possible after precise details of the nature and basis of the complaint have been established.
7. FORCE MAJEURE
No party shall be liable for any failure to perform or delay in performance of any of its obligations under these terms caused by circumstances beyond their reasonable control, including but not limited to war, strike, accident, fire or natural catastrophe, provided that that party has used reasonable endeavours to mitigate the effect of such events.
8. GOVERNING LAW AND JURISDICTION
8.1 A contract under these terms and conditions shall be governed by and construed in accordance with English law.
8.2 Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
INTELLECTUAL PROPERTY, NOTICE AND TAKEDOWN
Policy on notification of alleged intellectual property (“IP”) infringements: Topvenues-London respects the intellectual property rights of others and expects its users to do the same.
It is Topvenues-London's policy, in appropriate circumstances and at its discretion, to disable and/or terminate any site access of a user who repeatedly infringes or is repeatedly charged with infringing the copyright or other intellectual property rights of a third party. Topvenues-London will respond to claims of IP infringement committed using the Topvenues-London website that are reported to Topvenues-London by following this IP Policy. If you are an IP owner, or are authorized to act on behalf of one, please report alleged IP infringements taking place on or through our website by completing the following notice of alleged infringement and delivering it to Topvenues-London as described below.
Upon receipt of the notice as described below, Topvenues-London will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the website.
Notice of alleged infringement (“Notice”):
INTELLECTUAL PROPERTY, NOTICE AND TAKEDOWN
● Identify the specific protected work that you claim has been infringed, or - if multiple works are covered by this notice - you may provide a representative list of the works that you claim have been infringed.
● Identify the material that you claim is infringing (or to be the subject of infringing activity) and that you believe should be removed or access to which should be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the website where such material may be found.
● Provide your mailing address, telephone number, email address and a contact name that correspondence should be addressed to.
● Include both of the following statements in the body of the notice:
“I hereby state that I have a good faith belief that the disputed use of the identified material is not authorized by the IP owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the IP rights that are allegedly infringed.”
● Provide your full legal name and your electronic or physical signature.
Last update: November 2019