BACKGROUND:
These Terms and Conditions are the standard terms which apply:
A. to provision of any Services (as “Services” is defined in Clause 1 below) by Business Breaktime to Members; and
B. where the Member is acting in a Business capacity.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
| “Business” | means any business, trade, craft, or profession carried on by You or any other person/organisation, whether as an entrepreneur/business owner, freelance contractor, employee or otherwise; |
| “Member” | means a person or organisation whose application for membership of Business Breaktime has been accepted following completion of the Registration Form; and he/she/they will be a Member for as long as he/she/they remain(s) a Member as provided by these Terms and Conditions, and “Membership” means membership of Business Breaktime. |
| “Membership Fee” | means the fee payable in advance which will entitle You to be and remain a Member and “Membership Fee” includes a “Temporary Membership Fee” where the context allows; |
| “Business Breaktime/We/Us/Our” | means Business Breaktime |
| “Registration Form” or “Form” | means the online application and registration form that is found at https://www.businessbreaktime.uk; |
| “Services” | means any and all Events that We promote and carry out at any venue, and any other goods and materials which we provide/use in connection with such Events; |
| “Temporary Membership Fee” | means any fee for Membership for a day or other period of less than a Month which may be available on our website; and |
| “You/Your” | means an individual or organisation who/which applies to become a Member of Business Breaktime, and as the context allows, also means that person/organisation once accepted as a Member. |
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “these Terms and Conditions” is a reference to these Terms and Conditions; and
1.2.2 a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions.
1.4 Words signifying the singular number shall include the plural and vice versa.
1.5 References to any gender shall include the other gender.
2. Registration, Application for Membership, and Membership
2.1 You may apply to become a Member of Business Breaktime by completing the Registration Form and agreeing in that Form to these Terms and Conditions.
2.2 The details that You provide and confirm in the Registration Form must be complete and correct, including Your confirmation that You are (i) aged at least 18 years and (ii) acting in a Business capacity (and therefore not a consumer as defined by the Consumer Rights Act 2015), and (iii) that You agree to these Terms and Conditions..
2.3 You will become a Member of Business Breaktime only if and when We accept Your application and You have paid the Membership Fee set out on our website for Your Membership for the initial period of Your Membership. Our decision whether or not to accept Your application is in Our absolute discretion.
2.4 Upon Our acceptance of Your application and Your payment of the Membership Fee there will be a contract between You and Us on these Terms and Conditions.
2.5 Your Membership will automatically expire and cease on the last day of any period of Membership unless by that time You have renewed Your Membership by paying a Membership Fee for a further period commencing on the next day.
2.6 We reserve the right to expel You from Business Breaktime and/or to withdraw or refuse to renew Your Membership, or suspend it for a specific period, if Your conduct is in Our reasonable opinion unacceptable, or is or may be in Our reasonable opinion, harmful to the reputation of Business Breaktime, or if it amounts to Your breach of these Terms and Conditions, or where in Our reasonable opinion such expulsion, withdrawal or refusal to renew Your Membership, is otherwise in the interests of the other Members of Business Breaktime. If We expel You, You will then cease to be a Member of Business Breaktime. You will not be entitled to any refund of any part of Your Membership Fee for any withdrawn or suspended period of Membership or for a future Event that You may have booked but will not be able to attend due to expulsion or to suspension of Your Membership. All Events booked and/or paid for by You but not yet attended will then be deemed to be cancelled by Us.
2.7 If You want to bring a guest to an Event, Your guest must (before the commencement of such Event) become a Member on these Terms and Conditions and Your guest must pay any Temporary Membership Fee for the period in which the guest books any Event(s).
2.8 To become a Member, You or a guest must be must be aged 18 or over and acting in a Business capacity.
3. Booking and Cancellation of Events
3.1 You must be a Member to participate in any Event.
3.2 An Event and Your place at that Event is subject to availability. No priority is given, and places at an Event are allocated on a first-come-first-served basis. We will not reserve or guarantee any particular date and/or time for any Event unless You book and pay for the Event for that time and date.
3.3 Each Event requires a minimum number of Members to book it for it to take place and may be cancelled if that minimum number is not met. In such a case You can receive a refund of any amounts paid in respect of such Event or rebook for another Event, in accordance with Clause 3.5 below.
3.4 You may book an Event online as a single Event or as part of any available package of Events.
3.5 A booking for an Event is non-refundable once made..
3.6 If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, You cancel an Event without giving Us at least 24 hours prior notice, We will consider the circumstances and in Our discretion decide whether to waive any charge for cancellation that We are entitled to make under Clause 3.5.
3.8 We may cancel an Event booked by You at any time before the time and date of that Event in the following circumstances:
3.8.1 The required minimum number (if any) for the Event have not booked for that Event; or
3.8.2 The required venue, staff, and/or required equipment necessary for the Event are not available; or
3.8.3 An event described in Clause 6 below occurs and continues for more than 24 hours; or
If We cancel an Event in such circumstances We will refund to You in full the payment that You have made to Us for that Event.
4. Fees and Payment
4.1 You must pay: (i) the Membership Fee and (ii) charges for any Events that You wish to attend.
4.2 You may pay Us any applicable Membership Fee and event fees by Credit / Debit Card through our website or any ticketing partner websites;
4.3 We may alter our prices without prior notice, but if the price of any Services increases between the time when You book an Event and the date of the Event, the price increase will not apply to You for the Event on that date.
4.4 For the avoidance of doubt, We may offer promotional pricing from time to time at Our discretion, including without limitation introductory offers of no Membership Fee, or free of charge Events.
5. Member Conduct
We expect Members to behave and conduct themselves in a professional and courteous manner at Events to other Members, Business Breaktime staff and any venue staff, including without limitation no illegal, offensive, annoying or obscene behaviour.
6. Events Beyond our Reasonable Control
6.1 We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any cause beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
6.2 If any event described under Clause 6.1 occurs that is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and provide details of any new dates, times or availability of Services as necessary. You may, without liability to Us, cancel any booked Events which do not take place due to that event, and We will refund in full the advance payment that You have made to Us for the cancelled Event.
7. Limitation of Liability
7.1 We will not be responsible for any loss or damage that is not foreseeable or any indirect loss or damage, including any that fall into the following categories:
(i) lost revenues, lost profits or loss of business and business opportunities; (ii) loss of or damage to goodwill or loss of anticipated savings; (iii) loss of or corruption to data; or (iv) any incidental, indirect, exemplary, consequential or special damages of any kind.
7.2 We make no warranty or representation that any Events will result in any tangible or intangible social, business or personal opportunities for Members.
7.3 If You bring any personal belongings to Events, We do not undertake to keep them safe or provide any storage place for them. Their loss or damage will be at Your own risk except where such loss or damage is due to any deliberate or negligent act by Us or our staff. We will not be responsible for any loss or damage to Your personal belongings caused by any other Member or other person at the Event venue.
7.4 We use reasonable skill and care in the selection of any third party suppliers (including without limitation, restaurants, venues, caterers and event decorators) in relation to an Event. However, We do not take any liability for the actions or omissions of such third party suppliers.
7.5 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
8. Changes to Terms and Conditions
We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.
9. How We Use Your Personal Information (Data Protection)
All personal information that We may use will be collected, processed, and held in accordance with the provisions of the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR) and Your rights under the GDPR. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy
10. No Waiver
No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
11. Severance
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
12. Third Parties
The Contracts (Rights of Third Parties) Act 1999 does not apply to these Terms and Conditions.
13. Law and Jurisdiction
13.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
13.2 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England & Wales.