Effective date: 01/01/2020
The “App” means the Company’s computer software application herein referred to as GoOut London that enables the User to utilise and access the Company’s services pursuant to this Agreement. The Company may exercise their discretion to update or modify this software application.
The “Company” means “We” who are Innovative Technological Systems Ltd, Unit 11, Churchill Court, 58 Station Road, Harrow, London, HA2 7SA, a well as “Ours” or “Us” who maintain the ownership rights in relation to GoOut London, the App and the Services.
The “Content” means the information, software, photographs, videos, graphics, music, sounds and/or any other materials that appear on the Website, App or are made available by any other means through the Service.
The “Intellectual Property Rights” mean all intellectual and proprietary rights including but not limited to trademarks and service marks, registered and unregistered design rights, all design right applications, patents, copyrights, database rights, moral rights, and rights in know-how, trade secrets confidential information and inventions and other intellectual property rights of a similar or corresponding character whenever and however arising and all renewals and extensions of such rights which may or in the future subsist.
The “Reservation” means a booking that a User is able to make through the Service facilitated by GoOut London and is accepted and fulfilled by the Venues and/or Transportation Services. All sales of alcoholic beverages and other services provided at a Venue at the time of the Reservation fulfilment are solely transacted between you and the applicable venue and are not part of the Service. GoOut London does not operate any of the Venues listed on or through the Services and does not provide or sell alcoholic beverages.
The “Service” and “Services” means the provision via and through the GoOut London App, Website and or Social Media Resource platforms of marketing, advertising and promotion of the User’s business and or services. The “Service” or “Services” also include the facility to browse listings of Venues and or service providers of all kinds listed on GoOut London, with the provision of Information and data on Venues and service providers and the facility to book or buy services or products from a chosen Venue or service provider. “Service” or “Services” include access transportation services and the facility to book such services. Additionally the Service provides for access to a source of information, advice and guidance across a range of Lifestyle interests. With provision for the User to store lifestyle, leisure and transportation related information in one location, share that information with others, and receive updates, offers, discounts and promotions from Venues and service providers listed on GoOut London both speculative and directly in relation to their interests.
The “Transportation Services” means the service provided by London Couriers & Carriages Ltd to enable users to book transport.
The “User” means “you” the individual or corporate entity (including any sole trader, partnership, limited company or other organisations or person) that has registered itself with GoOut London by means of the registration screen on the Website or App, or uses the Website, App and/or Service in any manner. The “User” shall also include any Venue and or Service(s) Provider that is listed on, or who is promoted or advertised via the GoOut London App, Website or Social Media accounts or platforms.
The “User Content” means any information that “you” the individual or corporate entity (including any sole trader, partnership, limited company or other organisations or person), and including any Venue, may upload, post, publish or display through our Service including but not limited to code, information, data, maps, icons, text, graphics, images, video, messages or other materials.
The “Venue” means the place(s) including but not limited to restaurants, bars and clubs which are advertised and listed on the App to facilitate the Service provided to the User.
“Service Provider” means an entity that is to be listed on GoOut London App, Website or Social Media or that if not listed but promoted or advertised via the GoOut London App, Website or Social Media.
The “Website” means a collection of one or more web pages grouped under the same domain name, which can be found at: www.goout.london
Ownership of the Go Out London Service
- Services shall include, but not be limited to, any services GoOut London performs for you, any applications offered to you by Go Out London that you download from the Website, iTunes®Store, Google Play or otherwise, subject to the terms set out under the “Third-party Sites and Services” section below.
- The Company retains all rights and ownership in relation to all Intellectual Property Rights, including but not limited to copyrights, trademarks, service marks, patents unregistered design rights, all design right applications, and confidential information such as trade secrets and know-how, as well as all designs, text, graphics, pictures, video, visual interfaces, information, compilation, applications, software, music, sound, aggregate user review ratings, and elements and components and their selection and arrangement that are associated with the Content and Service provided by GoOut London.
- As such, the User must not modify, reproduce, distribute, frame, create derivative works or adaptations of, publicly display, sell or in any way exploit any of the Company’s Content and Service provided in whole or part, except as expressly authorised by the Company. The Company does not grant the User with any express or implied rights in the Content and Service, and all rights in and to the GoOut London Service are retained by the Company.
- The User shall warrant that he/she shall not modify the paper or digital copies of materials that they have printed or downloaded from the Website, App or through any other means whereby information relating to the Content and Service is available, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Should it be deemed that the User is in breach of any of the terms pursuant to the Company’s Intellectual Property Rights provisions, the User shall have no further right to use the Website, App or service and the User must promptly return or destroy any copies of the materials made.
Charges and Payments
- By engaging with the Service, the User Venue agrees to pay standard monthly fees applicable for the Services (exclusive of any applicable discount that maybe provided at the sole discretion of the Company) for a minimum service contract of 6 months (subject to variation as agreed in writing). Also, the User Venue agrees that:
- We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in the services and to use to pay other services you may buy.
- If you agree to use the service, your payment method automatically will be charged monthly in advance for the fees and taxes (standard charges are subject to VAT) applicable to the service period (1 month).
- The service can be cancelled by the User Venue providing notice to cancel (in writing) a minimum of 30 days before the end of the minimum service period. If, no notice to cancel has been received in the recognized timeframe then the contract will automatically renew for a new minimum contract of 6 months and all fees for the full minimum service contract (or part thereof outstanding) will become due if the User Venue determines to terminate the service earlier than the minimum service period.
Use of the Go Out London Service
Access, registration and eligibility
- A User may browse the Website and view certain Content without registering. However, as a condition to use certain aspects of the Service and the App, it is mandatory for a User to register and represent, warrant and covenant that:
(a) The User shall provide the Company with accurate, complete and up-to-date registration information, including but not limited to a name, mobile number, email address, date of birth, and gender;
(b) The User has requisite power and legal authority to enter into this Agreement and to use this Service and access the Content with all terms and conditions herein;
- The User accepts and acknowledges that certain Venues listed on the service do not admit guests under 21 years of age. Whilst the Company shall endeavour to clearly state a particular Venue’s age restrictions on the listings on the Service, the User is advised to directly confirm the age restriction with the Venue themselves. If a User books a Reservation with a Venue through the GoOut Service, the Company shall not hold any liability in respect Users who are refused entry into a particular Venue. Admissions policies are not controlled by the Company and this is strictly subject to the Venue’s rules, regulations and any applicable terms of service.
- The User further accepts and acknowledges by booking a Reservation with a Venue through the GoOut London Service, the User represents that he/she understands that the any admissions policies of Venues, and the acceptance are not controlled by the Company. This is strictly governed and controlled by the Venue and the User shall abide by the Venue’s rules and regulations, including, without limitation, its payment and sales terms, and any rules and regulations related to dress code, age limit, behaviour and conduct of the User and their accompanied guests, the required minimum number of guests or time limit on Reservations(s).
Member Account, Password and Security
- Should a User register to use the Service and access the Content to create an account, the User accepts and acknowledges that he/she is solely responsible for maintaining his/her account and should ensure that he/she exits from their account at the end of each session when accessing the Service.
- The User shall safeguard his/her account information, and accepts that he/she will supervise and be completely responsible for any and all activities that occur under the User’s password or account, including where the account is used by anyone other than the User.
- Should there be any unauthorised of a User’s password or account or any other breach of security, the User shall promptly notify the Company as soon as he/she becomes aware of this materialising.
- The User understands and is fully aware that he/she may never use another User’s account without their express permission.
- If the User has been previously banned from the GoOut London Service the User accepts and acknowledges that they may not access or use the Service in any way without the express written authorisation of the Company.
- The Company will not be responsible for any loss or damage arising from a User’s failure to comply with this session, including any unauthorised transactions made under a User’s account and password.
- The Company shall only authorise the User to create, update and monitor their account. If any dispute whatsoever arises due to the usage or ownership of their account, the Company reserves the right to suspend a User’s account, at its sole discretion, until the Company have investigated the dispute and made a determination. The User hereby agrees that the Company has sole control as to whether any User account shall be displayed on the GoOut London Service.
Using Our Branding, Endorsements and Recommendations
- The Company shall not permit or grant the User any rights and/or privileges with regard to any services or products offered by us and/or any organisations associated with us, without express mutual agreement and written consent of the Company.
- The Company does not authorise the User to indicate, publicise or otherwise advertise that the Company endorses your service(s), product(s) or company or associated service(s), product(s), company, or other.
- The Company does not authorise the User to use the corporate identity of GoOut London in promotion of the User’s business, associated organisation or other without the express written agreement of the Company.
- 22.The User accepts, warrants and covenants that he/she is solely responsible for all of their User Content that is uploaded, posted, published, displayed or email via and to the Service.
- The User agrees not to, and under any circumstances, shall not assist, encourage or enable others to use the GoOut London Service to:
(b) Commit any act that may violate any third-party’s rights, including but not limited to any breach of confidence, trademark, patent, copyright, trade secrets, moral right, privacy right or other;
(c) Remove or modify any copyright, trademark, or any other intellectual or proprietary rights notice that appears on any portion of the GoOut London Service or on any materials printed or copied from the Go Out London Service;
(c) Engage in any form of behaviour towards the Company and members of the Service’s online community that is unlawful, misleading, libelous, defamatory, obscene, vulgar, threatening, abusive, harassing or advocates harassment of another person, pornographic, lewd, suggestive, tortious, fraudulent, violent, psychologically and/or physically harmful, invasive of another’s privacy or publicity rights, racist, or in any way promotes bigotry, hatred or discrimination towards a particular person/group, or otherwise objectionable, which may restrict or inhibit another person from using or enjoying the Service, or which may expose GoOut London or its Users to any harm or liability of any type;
(d) Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
(e) Write any fake or defamatory review, trading reviews with another User and/or Venue, or compensate someone or be compensated by someone to write or remove a review posted on the Service;
(f) Engage in any form of unsolicited or unauthorised advertising, promotions, mass mailings, spamming, surveys, transmission of junk mail, chain letters, political campaigning, pyramid schemes, contests, sweepstakes or any other form of solicitation;
(g) Other than appropriate use of an Add-to Link, involves commercial activities (whether or not for profit) and/or sales without the Company’s express consent;
(h) Solicit personal information from anyone under the age of 18 years old, or send invitations to use the Service to individuals under the age of 18 years old;
(i) Pose or create a security risk to the Company, through any attempt or unauthorised access to the GoOut Service, user accounts, computer systems or network connected to the GoOut Service through containing viruses, corrupted data or harmful, disruptive or destructive files, hacking, password mining or any other means;
(j) Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the GoOut London Service or any Content posted on the GoOut London Service;
User Responsibility for any goods, services, materials, products or other listed on the GoOut London Service’s platform(s)
- The User hereby grants the company a right to publish User Content via the Website, App, or otherwise for the purposes of the Company to facilitate the User’s engagement and use of the Service.
- The User shall accept and acknowledge that it is solely the responsibility of the User to check for the accuracy of any of the User Content, including but not limited to its design, grammar and spelling prior to publication on the GoOut London Website and/or App, or any other means whereby the User publishes User Content via the Service.
- The User shall warrant the following:
(a) The User will act in good faith at all times;
(b) Any information supplied by the User in connection of their User Content is accurate, complete and true;
(c) Any publication, reproduction or otherwise of the User Content that is made via the service must breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or render the Company liable to any claim or proceedings whatsoever;
Limitation of Liability
- These terms and conditions shall apply in full, without ant limitation, qualification or proviso whatsoever unless specifically agreed by us in writing.
The liability of the Company in respect of the engagement with the User shall be limited as follows:
(a) The Company shall not in any event be liable directly or indirectly to any User for consequential loss for any loss or damage, including bodily harm or psychological harm, arising directly or indirectly from a breakdown, an accident, adverse weather conditions or any circumstances beyond the Company’s control (including but without limitation in relations to: any strike, industrial action, fire, flood, acts of God, any consequence of riot or destruction of property by an act of terrorism and any other force majeure event).
(b) The Company shall not, under any circumstances, to any User for any direct, indirect or consequential loss or damage to the User. This is including but not limited to any form of liability whatsoever for the loss of a User’s business operation, loss or interruption of marketing campaign, loss of profits, loss of contracts, loss of anticipated savings, data, goodwill, revenue, or otherwise.
(c) The Company do not own or operate the Venues and nothing in this Agreement shall construe any form of guarantee as to the availability of any booking(s) of Transportation Services and/or Reservations that are made through the App, Website or otherwise.
(d) By engaging with the Service, the User acknowledges and accepts that during the course of the Company providing the said services pursuant to this Agreement, the User may be introduced to third-parties, including but not limited to Venues, Transportation Services, other Users and members of the public. In such event, the Company shall not take any responsibility for the actions or omissions of the Venues, Transportation Services, and/or any third-parties. The User is therefore advised to take reasonable precautions with respect to any and all interactions with any third-parties encountered in connection with the said Services and use of the App.
(e) The Company does not represent, warrant or guarantee that the App and/or Website will remain uninterrupted or error free, and in the event that the App and/or Website are subject to limitations, delays or other problems inherent in the use of internet and electronic communications, the Company is not responsible for any delays, delivery failures, or other damages, or liabilities arising from such problems.
- It is the duty of the “Data Controller” to comply with the (UK) General Protection Regulation 2016/679. The “Data Controller” is Innovative Technological Systems Ltd, Unit 11, Churchill Court, 58 Station Road, Harrow, London, HA2 7SA.
- The Company shall comply with the requirements set out under this regulatory provision, and all applicable UK Data Protection legislation, together with any relevant guidance and/or codes of practice issued by the Information Commissioner.
- The User consents that the Data Processor will process his/her personal information, and this shall be only for the purposes connected and strictly necessary with the performance of the Services and pursuant to the terms and conditions contained therein this Agreement. This is including but not limited to the User’s:
(a) Unique identifiers such as a User’s name, date of birth, gender, telephone number and e-mail address;
(b) Travel and location data to include the precise location, including geographical information via GPS, or otherwise to enable the Company to facilitate the ability to provide a list of Venues and/or transportation links based upon the User’s location.
(c) Transactional information in the event that the User provides any form of payment in exchange for any of the services/goods offered by the Company. Where applicable, this information will include a User’s credit/debit and billing address(es) in order for the Company to process such payments.
- The Company shall comply, at all times, with all the minimum security requirements pursuant to UK Data Protection regulation to ensure the safe transmission, storing, updating and deletion of data in accordance to its retention period.
- The Company shall retain each item of Data, as above, only for as long as necessary with reference to the reasonable cause for which it was obtained.
- The User has the right to make a Subject Access Request to the Company to retrieve any personal information the Company may hold about him pursuant to the terms of this agreement. Any request must be made in writing to the Company, and we shall respond within the prescribed 30 calendar days from the date of validation. The Company shall verify the identity of the User making the request on each occasion and take reasonable steps to ensure personal information about any third- party, not covered by the request, is only disclosed in accordance with UK Data Protection Legislation.
Permission for the use of Location Information
- When using the App on a mobile device or any other electronic device(s) the User consents to the transmission of his/his location information to be received by the Company via the App.
- The User acknowledges and accepts that the Company will collect the precise location of the User’s device(s) when the App is running in the foreground or background.
- For the purposes of this Agreement, the User acknowledges and accepts that the obtaining and sharing of a User’s location information is strictly necessary for the Company to provide the Service to the User. The transmission will include the location and geographical information via GPS or otherwise.
- The User acknowledges and accepts that the data may in addition be used for furthering and improving the Company’s Services, including quality management performance.
- The User shall fully indemnify and hold harmless the Company and Company’s offices, directors, employees, agents, successors and assigns at all times against all claims, demands, proven and direct liabilities, costs (including legal costs on an indemnity basis), expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and other reasonable costs and expenses suffered or incurred by Company arising from any from the actions or omissions that arise in connection with:
(a) Bodily injury (including death), psychological injury, or damage to tangible personal or real property caused by any act, error or omission, or misconduct by the User;
(b) Breach or violation of any representations, warranties, guarantees, obligations or material terms under this Agreement by the User;
(c) Violation of the rights of any third-party, including Venue(s), and other User(s), regulators, governmental authorities or any third-party providers, either directly or indirectly by the User;
(d) Violation of any law or regulation by the User.
- This Agreement is effective and shall remain in force until terminated by either the Company or User, subject to the accepted conditions of the Charges and Payments clause herein that takes precedent over termination rights.
- Should the Company elect to either suspend or terminate a User’s account and/or ability to use the GoOut London Service, this may result in the forfeiture and destruction of all information associated with a User’s membership.
- A User is permitted, at any time, without notice to terminate their use of their account by following the instructions provided on the Website and App.
- User Disputes
- The Company are not responsible for addressing any disputes that may arise between any Users and/or disputes between any User(s) and Venue(s) In the event of a concern, claim or dispute, Users shall communicate directly with the other party in resolving such concern, claim or dispute.
- In the event the Company receives complaints about a User, the Company will investigate the complaint at our sole discretion and may request the User to respond to the other party directly.
- Third- Party Rights
- The User accepts and acknowledges that the license to use the Website, App and the GoOut London Service is conditioned upon compliance with all third-party terms of the agreement.
- Entire Agreement and Severability
- No Waiver
- All operative provisions contained therein this Agreement shall remain in full force and effect where the Company has lawfully assigned, transferred or sub-contracted any rights, licenses, or otherwise that are subject to this Agreement to any third-party.
- Except as otherwise agreed, the User warrants that he will not directly or indirectly assign, transfer, sub-contract, or otherwise any rights, licenses or otherwise that are subject to this Agreement to any third-party or deal with in any way, by operation of law, without the prior written consent of Company.
- Third-Party Links
61. The GoOut London Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by the Company.
- The Company will not endorse or assume any responsibility for any such third-party sites, information, materials, products or service that is contained on our Website and App.
- Should the User elect to access a third-party website from the GoOut London Service, such as through Facebook, Instagram or Twitter, or other, the User shall assume all risks in doing so.
- The User shall expressly release the Company from any liability that may arise out of his use of any third-party website, service or content.
- The User accepts and acknowledges that any engagement, including but not limited to making Reservations at the Venue(s), booking transportation facilities with Transportation Service providers, and subsequent payment and delivery of these goods and services, and any other terms (such as warranties) are strictly between the User and these respective third parties.
- The Company shall not be responsible for any loss or damage of any sort in relation to the actions or omissions between any User and any third-party.
- International Use
- The User shall acknowledge and accept compliance with all applicable laws regarding the transmission of technical data exported from the United Kingdom of the county in which the User resides in, outside of the UK, and with such local laws and regulations regarding the use and conduct on the internet.
- Governing Law and Jurisdiction
- This Agreement, any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.