Terms of Business
(which includes Terms of Membership)
IMPORTANT NOTE: As well as reading the following Terms & Conditions to which you have agreed by using this Site, you should also refer to the terms and conditions of each individual event provider before placing any orders.
You will be asked to expressly agree to these Terms & Conditions before you place an order for events from our website.
2. Information About Us
wwww.wholondon.co.uk (the “Site”) is owned by Who London Ltd, company number 08783942, registered in England and with its registered office at Kemp House, 152 City Road, London, EC1V 2NX. The Site provides an online, members and non-members portal offering events, news (and a blog where only members can comment). The site and events are for persons aged 50 and over (the “Services”). Please note that whilst Who London carefully selects events and creates the ideas for events, it is not involved in the actual transaction between you and the event providers and merely collects the event fees on behalf of the Event Provider. The contract for the provision of tickets to an event or services is directly between you and the event provider. However, if you have any questions or queries in relation to an event, please contact our customer helpline; 020 3393 3343 and not the event provider.
3. How to Book Events
Event booking: Members and non-members may book events (unless stated otherwise on each individual event page). Only members may comment on the blog. Please note that Who London does not review members’ or event providers’ listings or content and has no control over and does not guarantee the existence, quality, safety or legality of items advertised. The events are set out on our website at: www.wholondon.co.uk
Order process: Our order process allows you to check and amend any errors before booking an event. Please take the time to read and check your order at each page of the order process.
When clicking on an event for more detail, you will be directed to a single event page, including a map with the precise location on it (where it can be clicked on and linked to Google Maps). If there are no more spaces available for an event, “Fully Booked” will be added on each event page’s RSVP area. You will therefore be unable be able to book this particular event. You will have a choice whether to Log in to book, register, or book as a non-member. When booking an event, you will need to tick the box indicating that you have read and accepted these terms and conditions before placing your order. You will need to pay by PayPal or can pay by card via PayPal.
After you place an order for an event, you will receive an email from us acknowledging that we have received your order. Who London will confirm acceptance to you by sending you an email that confirms that your order has been accepted (“Confirmation”). The contract between you and the event provider will only be formed when Who London sends you the Confirmation. If the event provider is unable to supply you with tickets for example because the minimum numbers of attendees has not been reached or because of an error in the price on our Site, Who London will inform you of this by email and will refund you the full amount as soon as possible. In the unlikely event that the event is cancelled by the event provider for other reasons, you will receive a full refund and compensation at 20% of the value of your order.
For the avoidance of doubt, the contract for sales of event tickets is between the event provider and you, not Who London. However, Who London will collect the ticket monies on behalf of the Event Provider.
Benefits of membership: The benefits of membership are set out at Become a Member. In order to become a member, you will need to register with our Site by:
• creating a username – we recommend that you do not use your real name so that you can liaise with other members in conversation on the blog page;
• creating a password; and
• paying your membership fees as set out below
Payment and fees: Membership fees are displayed on our Site at Become a Member and must be paid before attending an event. Membership fees are payable on a monthly or annual basis via a PayPal account or using a credit or debit card payment through PayPal.
Membership term: Membership is monthly or annually. The subscription will renew automatically (recurring 30 times, after which Who London will email you to see if you wish to continue) – but you may chose “no automatic renewal” by unticking a box at the time of registering or at any time by going to your account details. Please remember to pay on time each month/year or your membership will lapse. We therefore advise automatic renewal.
As a member, you will receive partner offers by email, unless you have not opted in to receive our e-newsletter or you have unsubscribed to them. If you follow a link to any of our partner websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites. If you purchase from our partners using any information or offers we send to you, please note we do not accept any responsibility or liability for these purchases.
Cancellation of membership: Membership can be cancelled at any time by emailing Who London 7 days before the next fees are due whereupon no further membership fees will be due and no payments collected. Member access to newsletters, partner offers, and the ability to comment on the blog will promptly cease upon cancellation. Who London will still continue to email you, unless you unsubscribe to the “New Events and Offers” newsletter.
5. Members’ Blog
Your account: Your account is for your personal use only. You may not authorise others to use your account, and you may not assign or otherwise transfer your account to any other person or entity or book events on behalf of others.
Your details: You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
Password and Security: When you register to become a member you will have access to commenting on the blog from this point onwards whilst you have membership. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting firstname.lastname@example.org immediately. You acknowledge that Who London is not responsible for third party access to your account that results from the sharing by you or the theft or misappropriation of your usernames and passwords. If we have reason to believe that there is likely to be a breach of security or misuse of our blog, we may require you to change your password or we may suspend your account.
Prohibited Uses: You may not use the blog for any of the following purposes:
• Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
• Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice;
• Interfering with any other person’s use or enjoyment of the site; or making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Your responsibility: You will be responsible for our losses and costs resulting from your breach of this paragraph.
Our right to suspend or cancel your registration: We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. The suspension or cancellation of your registration and your right to use our Site shall not affect either party’s statutory rights or liabilities.
Risk Assumption and Precautions: You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with other members. You agree to take all necessary precautions when communicating with or meeting individuals through the Services.
6. Changing Your Mind and Cancellations
Changing your mind: Under the Distance Selling Regulations, you may cancel a distance contract to purchase membership (but not events) from us at any time within 14 working days after the day you receive your membership confirmation email. If however you book an event within this 14 day period, you will lose your right to cancel your contract.
In order to cancel a contract in this way, you must give us written notice of cancellation.
If you cancel a contract on this basis, you will be refunded your membership fees in full using the same method originally used by you to pay for your membership. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
7. Statutory Rights
Nothing in these terms of sale affects your statutory rights.
8. Limitations and Exclusions of Liability
Our total liability: Under no circumstances will Who London’s aggregate liability, in any form of action whatsoever in connection with these Terms & Conditions or the use of the Services or the Site, exceed the price paid by you for your membership for a maximum of 3 months.
Incidental Damages: To the maximum extent permitted by applicable law, in no event will Who London be liable for any loss of profits or for any incidental, special, consequential or indirect damages arising out of or relating, directly or indirectly, to the use or inability to use the Site or Services, including, without limitation, damages for loss or corruption of data or programs, service interruptions and procurement of substitute services, even if Who London knows or has been advised of the possibility of such damages.
No liability for Who London actions: To the maximum extent permitted by applicable law, in no event will Who London be liable for any claims, losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site or Services, including without limitation, bodily injury, emotional distress, and/or any other claims, losses or damages resulting from communications or meetings with other event attendees or participation in events. This includes any claims, losses or damages arising from the conduct of event attendees who have registered under false pretences or who attempt to defraud or harm you.
No Exclusions: Nothing in these Terms and Conditions shall limit or exclude Who London’s liability for (i) death or personal injury arising from Who London’s negligence (as such term is defined by the Unfair Contract Terms Act 1977); or (ii) fraud or fraudulent misrepresentations by Who London.
9. Intellectual Property Rights
Members’ and Non-members’ Copyright: members and non-members may post copyrighted information or materials, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Who London or third party proprietary information available via the Services or the Site.
Who London’s licence in relation to posted content: By posting information or content to any profile pages or public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Who London and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide licence to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licences of the foregoing. You further waive any moral rights you may have in any such information or content.
10. Other Important Terms
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these terms.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. In the unlikely event that we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If you are a consumer, please note that these terms are governed by English law. This means a Contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
11. Communications Between Us
When we refer, in these Terms, to “in writing”, this will mean email.
To cancel a Contract in accordance with your legal right to do so as set out in clause 6, you must contact us in writing by sending an email to email@example.com. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email, then your cancellation is effective from the date you sent us the email to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
If you wish to contact us in writing for any other reason, you can send this to us by email to firstname.lastname@example.org. Otherwise, you can always contact us using our Customer Services telephone line. If we have to contact you or give you notice in writing, we will do so by email to the address you provide to us in your order.
Last updated on 14th February 2017.