Effective Date:

Introduction

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

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. These terms and conditions are available in the English language only.

These terms and conditions apply to all Users.

Definitions

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

  1. “Content” - all information of whatever kind (including profiles, event listings, posts, comments, blogs, chat, images, photos, audio, video, advertisements, messages, etc.), published, stored or sent on or in connection with our Service.
  2. “Service” – our website, the services we offer by means of our website and any related software and services.
  3. “User” - persons or organisations using our Service (whether or not registered with us).

Changes to the terms and conditions

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. If you are a subscriber and you do not agree to the changes, you should cancel your subscription before the effective date.

Your order

Your order is an offer to contract with us.

You place your order by using the ordering process on our site. This involves transmitting the order to us. This process permits you to check and amend any errors before making an order by using the change function and/or the internet browser back button.

We will send you a confirmation email after your order. This is our acceptance of your offer and the point at which a legally binding contract is formed.

Right to cancel

You have the right to cancel this contract subject to the provisions set out below.

You lose the right to cancel contracts for the supply of services which have been fully performed, i.e. completed.

If you do have the right to cancel, the following apply:

Right to cancel

You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day of the conclusion of the contract. (Please note that you enter into a single contract with us as explained above. If you later decide to become a subscriber, this is still part of the same contract and it does not start a new 14-day period running.)

To exercise the right to cancel, you must inform us Mixing Out Limited, 111 Ladybank Road, Mickleover, Derbyshire, DE3 0PF, UK, or email us via our contact page of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form at the end of this document but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you.

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.

Use of our Service

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

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

  1. you are below 18 years of age;
  2. you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment; or
  3. you are acting for business purposes.

Our Service is designed for, and may only be used by, good faith organisation of events for other Users and participation in such events. You must not use our Service in connection with a business.

You may only use any trial period for the purpose of a genuine assessment of the Service.

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

  1. breach any applicable law, regulation or code of conduct;
  2. publish or send any Content (including links or references to other content), or otherwise behave in a manner, which:
    1. is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
    2. infringes any intellectual property or other rights of others;
    3. involves phishing or scamming or similar; or
    4. we otherwise reasonably consider to be inappropriate;
  3. publish or send any Content which involves revealing any personal data of another person;
  4. impersonate any person or entity for the purpose of misleading others;
  5. publish or send any Content which links to any third party websites which are unlawful or contain inappropriate Content;
  6. sell access to the Service;
  7. use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
  8. use the Service for any commercial purpose;
  9. use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
  10. do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings;
  11. do anything which may negatively affect other Users’ enjoyment of the Service;
  12. gain unauthorised access to any part of the Service or equipment used to provide the Service;
  13. use any automated means to interact with our systems excluding public search engines; or
  14. attempt, encourage or assist any of the above.

You must not do anything which damages, or might damage, our reputation.

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

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

We are entitled to impose and/or change limitations on usage of our Service, for example in relation to bandwidth.

You must ensure that any contact or other information which you supply to us is accurate and not misleading and you will update it so that it remains so.

We do not supply support except to the extent specifically stated on our site, as may be varied from time to time.

Your Content

You are responsible for your Content.

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.

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.

We reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities or to a complainant any Content or behaviour if 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.

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

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.

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

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

Content of other Users

You accept that we have no obligation to vet or monitor Users or their Content. We do not endorse or recommend any Content. You rely on such information and/or deal with other Users 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.

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 contacting us via our contact page. 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 also use the built-in facility to block messages and/or seek appropriate external help, for example from law enforcement authorities. If you continue to suffer problems, or are dissatisfied, then you must stop using the Service.

Events

Definitions

Users who are entitled to arrange events on our Service are described as “Organisers” and those who wish to attend events are “Participants”.

Organisers

To qualify as an Organiser, you must have been a Participant in the minimum number of events stated on our Service.

You must not offer on our Service any event which has a commercial purpose or element or which is adult-themed.

You must comply with any other Organiser requirements on our Service (which we may change from time to time).

Even if you comply with the above requirements, we may nonetheless in our discretion decline to appoint you, or remove you, as an Organiser without notice and without giving any reasons.

Contract between Organisers and Participants

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

Organisers promise:

  1. to arrange and operate events in accordance with the highest standards reasonably to be expected;
  2. not charge Participants more for an event than the actual amount charged by the relevant event venue (in other words the Organiser must not make a profit) and otherwise to deal honestly with all funds received from Participants ;
  3. to ensure that the listing accurately describes the proposed event and includes all relevant information;
  4. to arrange any insurance which is reasonably required;
  5. to take reasonable care of Participants at events;
  6. to comply with all relevant laws and regulations; and
  7. not to infringe anyone else’s rights in connection with the event.

Organisers and Participants agree to comply with the Money Pot requirements below.

An Organiser is entitled for any reason to hide an event from a particular User or to cancel any particular User’s booking for the event (provided that the Organiser is not acting in an unlawfully discriminatory way).

Subject to the obligation of Organisers to stay within the law, Organisers are entitled to impose age and/or gender restrictions which Organisers genuinely think are necessary for their particular event and to refuse entry to any Participant who does not comply with those restrictions. The restrictions must be prominently stated in the event listing. Organisers must themselves comply with the restrictions.

Organisers are entitled to cancel their events at any time and for any reason. If so, they must promptly notify all Participants via the Service.

Participants promise that they possess the necessary social skills to participate appropriately in the events they select.

Organisers and Participants agree that they will deal with each other in a courteous and polite manner and that they will not engage in any abusive, threatening, drunken, antisocial or other inappropriate behaviour at the event.

Participants must not bring to events any dependents or persons who have not registered for the event.

Participants agree to comply with any request to provide proof of identity or age and to submit to security searches.

Organisers and Participants agree to comply with any rules or regulations or requirements of the event venue.

An Organiser is entitled to refuse entry to an event or require a Participant to leave an event if, acting reasonably, the Organiser considers that the Participant has broken the terms of this this agreement between the Organiser and Participant.

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

Money Pot escrow service

Where an Organiser is required to pay a deposit for an event, our Service may allow the Organiser to collect deposit payments from Participants by means of a third party escrow service described below as a “Money Pot”.

As a condition of use of the Money Pot, Organisers and Participants agree to comply with the terms and conditions of our current Money Pot provider and to supply the relevant personal information required by the provider. We are not responsible for the operation of the Money Pot or for the activities of the provider.

The Organiser is entitled at any time to close the Money Pot and thereby release the funds to itself in order to enable it to pay the deposit to the event venue.

If the Organiser cancels the event before the Money Pot is closed, the funds in the Money Pot will be returned to the Participants in full. If the event is cancelled after closure of the Money Pot, then the Organiser is responsible for arranging prompt and full repayment of the deposit to each Participant

Any time until the Money Pot is closed, Participants may withdraw their deposit payments from the Money Pot subject to deduction of our 10% fee (which includes the fee payable to the Money Pot provider).

Organisers must use the Money Pot only for its intended purpose. Any suspected fraud will be referred to the police.

Our role

Organisers and Participants separately promise us that they will be bound by, and comply with, 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.

We may at any time for any reason reject or remove any event from our Service without notice and without giving any reasons. If so, we shall close any Money Pot and any funds in it will be returned to the Participants in full.

We do not endorse any event. We do not hold deposits on behalf of Organisers and do not provide refunds. We do not investigate or supervise and are not responsible for events, Money Pots, 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). Participants participate in events at their own risk.

We do not guarantee that any event will achieve any particular level of bookings or attendance.

Payment

Unless otherwise stated on our Service (for example free trial events), you must be a subscriber to book and to attend events on our Service. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Service. Payment is in advance.

The prices shown on our website include VAT unless we say otherwise.

Where you agree, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you cancel before the renewal date by following the instructions on our Service. You authorise us and our third party payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement.

We may at any time change our subscription prices. For existing subscribers, we will give you notice by email at least one month before any price change takes effect. If you do not accept the new fee, you should cancel your subscription as explained below. Otherwise the next renewal of your subscription after the one month’s notice will be at the new price.

You must contact us immediately with full details if you dispute any payment.

Reward Points

We offer reward points for Organisers, which can be used to pay subscription fees. If you obtain points, you must check that they have been correctly credited to your account and tell us immediately if not.

You can only earn reward points if you comply with the requirements for reward points stated on our Service.

Points can only be used within our Service. We may at any time change the criteria to acquire points as well as the number of points awarded per event or the value of points as against your subscription.

Points do not have any inherent value and they are not your own private property. We do not provide any cash for points, which are for your personal use only. You must not sell or transfer them or make them available to anyone else or attempt to do so or encourage anyone else to do any of these things.

We may impose additional restrictions concerning the acquisition or use of points. For example we may cap the amount of points which can be acquired or used in any particular period.

We may restrict access to or delete points if the points were awarded in error. Points will be deleted if this agreement is cancelled for any reason.

We may at any time decide to end the entire points program.

Third party services / advertising / websites

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 sites or services. You use them at your own risk.

Guidance by us

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. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

Your account

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).

Suspension / cancellation

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

If you are not a subscriber, we are entitled at any time to cancel this agreement without notice and without giving reasons.

If you are a subscriber:

  1. We are entitled at any time to cancel this agreement by email notice without giving reasons. If so, we will refund in full any fees already paid which relate to the period after cancellation.
  2. We are entitled at any time cancel this agreement by email notice without refund if we stop our entire Service.
  3. We are entitled at any time (with or without notice and without giving reasons) 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 due to us 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. There will be no refund.

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.

Functioning of our Service

We do not guarantee that the Service will be uninterrupted or error-free and are not responsible for any losses arising from such interruptions or errors.

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

We are entitled, without notice and without liability, to make changes to the Service provided these do not have a material adverse effect.

Liability

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

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.

Very important: 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 foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
  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.

Very important: 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).

Intellectual property rights

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.

Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.

If you publish any Content on our Service (including photos taken at events), 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 licence to use your Content in accordance with these terms and conditions.

Privacy

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.

Events outside our control

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.

Transfer

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.

English law

These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is available by request via our contact page.

General

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” (i.e. 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 to enforce 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.

Complaints

If you have any complaints, please contact us via the contact details shown below.

Company information

Company name: Mixing Out Limited

Country of incorporation: England and Wales.

Registered number: 08350600

Registered office and trading address: 111 Ladybank Road, Mickleover, Derbyshire, DE3 0PF, UK

Other contact information: See our website.

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