Terms & Conditions
Last updated: 28th January 2024
1. Explanation Of Terms
;(i) ‘we’, ‘us’, ‘our’ and ‘company’ are references to Hens with Heart Ltd.
(ii) “you”, “your”, “group”, “customer” or “party” means all persons (or any of them including the Organiser) named on the booking (and persons added or substituted at a later date).
(iii) “Provisions” means the events, accommodation, activities, transport, meals, products and other Provisions of whatever description (or any of them), as applicable, booked or purchased through us for you in accordance with our contract.
(iv) The “Organiser” means the person who makes the booking on behalf of the group and who will be our point of contact (and / or any substitute for that person).
(v) The "Supplier" means the company, charity or indivudual providing any such Provisions under the "Provisions" promoted by or booked through the company.
(vi) “Force Majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include but are not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
(vii) “in writing” means by email, letter or facsimile.
2. Our Provisions
Through the website, we provide an online platform through which you can purchase Provisions for private group events. We act only as an agent in respect of all bookings we take and/or make on your behalf.
The information provided when using the Provisions is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Provisions from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
3. Bookings
Bookings are taken on the basis that they are made by an Organiser. When you make a booking and acknowledge via email that you would like to proceed with the booking we will take an estimate of group numbers and will reserve your Provisions in accordance with these terms and conditions. By booking with us, you will be regarded as having had the opportunity to have read and understood our Terms and Conditions and to have actually done so before a contract between us came into existence.
Only when we confirm your booking by sending a confirmation email to you, will at that point a binding contract between us will come into existence. Any communication confirming that we are holding your booking, does not constitute a contract between us. Should we acknowledge your booking prior to sending a confirmation email, such acknowledgement will be an indication that we are dealing with your booking request and is not a confirmation of it.
Please check your booking confirmation email together with all other documents we send you, as soon as you receive them. Contact us at once if any information appearing on the confirmation or any other document appears to be inaccurate or incomplete as it may not be possible to make changes at a later date. If we are not notified of any inaccuracies in any of our documentation within 24 hours of our sending it, we regret that we cannot accept any responsibility. We will do our best to rectify any inaccuracies notified outside these time limits, you will be responsible for any costs and expenses involved in doing so.
You accept that the Organiser has the authority to deal with us on your behalf. If for any reason there is a change in the Organiser, you should notify us in writing immediately. The Organiser is responsible for the booking and for ensuring that all monies due for a booking are collected and paid on time by the members of the group. The Organiser assumes all responsibility to settle the balance of the invoice for a confirmed booking before the final balance due date.
Unless you advise us to the contrary we will assume that every member of your group is over 18 years of age prior to the date of the event. If this is not the case and some members of your party do not fall into this age category, please check with us that the events you book can accommodate the younger members of your party. If this is not checked prior to your booking and you encounter problems during your arrangements, we cannot be held liable.
The Organiser is responsible for ensuring that other members of his/her party are aware of these Terms and Conditions and that they consent to him/her acting on their behalf in dealings with us.
4. Purchases And Payment
A non-refundable holding fee of two person’s full payment is required within 5 days of your booking being confirmed. Your confirmation email will indicate the total price of your Provisions, the balance due and the balance due date. The balance must be paid no less than 6 weeks prior to the commencement date of your Provisions.
Final numbers for your booking will be determined by us based solely on the total numbers of Provisions paid in full as at the date 4 weeks prior to the Provisions commencing (or any other final balance date specified). If you are booking within 4 weeks of your commencement date then the total price shall be payable at the time of booking and numbers will be confirmed at the point at which we accept your booking and receive payment. All payments after the payment deadline are subject to an administration charge of £5 until 4 weeks prior to the commencement date of the Provisions, at which point the Changes & Cancellation policy applies.
Payments can be made using our online payment platform. We accept valid credit or debit card, bank transfer, or payment via PayPal. All prices are inclusive of value-added tax or similar sales tax. All payments shall be in GBP.
Where your booking consists of a number of Provisions, then discounts may be applied to the total price of the booking. Such discounts will only apply where all the Provisions are included and if you, or a member of the group, decide not to take up a particular activity then we reserve the right to alter the monies due for the remainder of the Provisions included within the original booking.
Different payment terms will apply to the above in a minority of circumstances. That is, a full non-refundable deposit is required to secure a booking with a particular Provision. This will be communicated to you prior to you having your booking confirmed. This is necessary as in some cases where we are sourcing a particularly popular Provision, you will need to make a more significant financial commitment to the provider.
If payment is not be received by us in time, we will inform the Organiser that the payment is overdue. If you do not then make payment within 3 days we will notify the supplier of the Provisions who will be entitled to treat your booking as cancelled by you and instruct us to retain monies paid.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Provisions. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.
5. Pricing Policy
Prices quoted to you at the time of your enquiry are correct to the best of our knowledge at that time. We reserve the right to change prices and correct errors in prices and we will inform you of any price changes prior to your Provisions being confirmed. We will advise you of any change in the price or error of which we are aware at the earliest opportunity before you book. Once your Provisions have been confirmed to you by our confirmation email, then subject to other clauses in these terms and conditions, the price will not change. Please save the confirmation email in the case of manifest or system error, the price shown on the Booking Confirmation shall apply and no surcharges or other fees will be levied save where expressly provided for in these Terms and Conditions.
As a Supplier you are responsible for updating us with any changes in pricing your Provisions as marketed and sold as Provisions to our Organisers. You are reqired to inform us within 24 hours of any changes to prices so that we can communicate this accurately. Once your Provisions have been confirmed to an Organiser by our confirmation email, then subject to other clauses in these terms and conditions, the price will not change.
6. Quote And Website Descriptions
Every care is taken to ensure that all website and quote descriptions are accurate and they are made in good faith. However, errors may occasionally occur. We cannot accept any liability for any errors or omissions except where these have arisen due to our negligence or that of any our employees (as long as they were acting in the course of their employment at the time).
While we provide product images to give a close representation of the product, we reserve the right to use images that may not be of the exact product itself. We reserve the right to make changes to and correct errors in our website and quotes at any time. Images used are for illustration purposes and not necessarily of the actual venue.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Provisions at any time, without prior notice.
7. Changes And Cancellations By You
If you wish to change your booking in any way, you must inform us in writing as soon as possible. Although we cannot guarantee that changes can always be made due to availability at the time and the booking conditions of suppliers we will try to help and accommodate your requests. Any change to your start date, destination or accommodation must / will apply to all members of your group.
An amendment fee may be charged where a change can be made. You will be charged for any extra costs incurred by ourselves and any costs or charges incurred or imposed by any of your Suppliers.
Any requests to alter, change or cancel your Provisions once the booking has been confirmed must be notified to Hens with Heart by the Organiser in writing as soon as is reasonably practical. All amendment requests will be confirmed back to the Organiser in writing and will take effect at the time we receive them from the Organiser. Verbal alternations and/or cancellations to the Provisions will not be accepted.
We cannot guarantee that we/the supplier will be able to meet any requests made by the Organiser to alter or change the Provisions, but we will liaise with the Suppliers to see if this is possible for you. Where we can make the alteration/change requested, you will be required to pay an amendment fee (detailed below) and any costs we incur in making these for you, including supplier costs. These costs are likely to increase the closer to the start of your Provision date, so please ensure that you notify us as soon as possible. Hens with Heart reserves the right to apply these amendment fees retrospectively.
| Timeframe | Fee for successful change | Amendment type |
|---|---|---|
| After deposit paid | £30 | Change to date Change to timings |
| 4-6 weeks prior to start date | £30 | Change to date Change to timings (change to numbers incur the £5 late payment fee) |
| 2-4 weeks prior to start date | £45 | Change to date Change to timings Change to group number - addition or reduction of attendees |
| Less than 2 weeks before start date | No changes possible & cancellation policy applies |
In some cases, the price of your Provisions depends on the number of people booked. If extra people are added to the booking, the price will be reworked on the basis of the new number of people going and we will send you a new confirmation. You will be required to pay the increased price.
If you wish to cancel all or any part of your booking, the Organiser should advise us immediately in writing by email. The Organiser has the right, as agent for the remaining members of the group, to cancel the arrangements for all members of the group. Please note that, in all circumstances, the non-refundable deposit paid will be lost.
Cancellations can only be made in accordance with our terms and conditions which are based on the scale shown below:-
Number of weeks before the date your Provisions commence we are notified of cancellation Amount you must pay to us (please also note that the non-refundable deposit will be lost):
More than 6 weeks: Nil
Less than 6 weeks and more than 2 weeks: 25% of the total cost of the Provisions in question
Less than 2 weeks: 100% of the total cost of the Provisions in question
Please note: These timeframes exclude the non-refundable deposit paid, which will be lost.
Suppliers may need to amend their pricing where any cancellation or change reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based.
If anyone included within your booking is unable to attend the Provisions, you may be able to transfer the place on the booking of the person(s) concerned to someone else/other people suggested by you and acceptable to us subject to you writing to us with full details of who cannot or does not want to partake and who you would like to go instead. We must receive this information at least seven days before the commencement date of the Provisions. If the change can be made any amendment and/or any extra costs incurred as a result of the change, must be paid by you or the relevant member of the party. If you cannot fill the place of any person cancelling you may have to pay additional supplements.
8. Changes And Cancellations By Us (Or An Applicable Supplier)
Whilst we and your suppliers always endeavour to avoid changes and cancellations, we and they must reserve the right to do so as we occasionally have to make changes to and correct errors in our website and/or documentation or other literature we produce both before and after bookings have been confirmed. Supplier(s) may make a change to or cancel confirmed bookings.
All of our arrangements are planned in advance using independent suppliers over whom we have no direct control. The vast majority of changes made by suppliers are minor, for example, a change in the starting time of your confirmed activity(ies); a change in the venue at which any activity you have booked is to take place (where the activity itself has not changed); a change of accommodation to accommodation of the same or higher standard within the same destination city.
In extremely rare circumstances suppliers may make a significant change or cancellation to a confirmed booking. If this happens, we will tell you as soon as the supplier makes us aware of the situation. If there is time to do so before departure, we will offer you the choice of the following options:
Accept the changed Provisions
We will suggest alternative Provisions of a similar standard to that originally booked which you may choose to book instead
Cancel or accept the cancellation in which case we will pass on from the applicable supplier(s)a full refund of all monies you have paid to us relating to the cancelled or amended Provision(s).
Please note the above options are not available where any change made is a minor one.
No liability beyond offering the above-mentioned choices can be accepted where changes or cancellations are made as a result of unusual and unforeseeable circumstances beyond our or any applicable suppliers’ control, the consequences of which could not have been avoided even with all due care; or where cancellations are made because the minimum number of persons required to operate the Provisions you have booked has not been reached.
No liability will be accepted and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these terms and conditions entitling the supplier to cancel (such as paying on time) or if the change made is a minor one.
9. Weather Conditions
As you will appreciate, we have no control over the weather. Unfortunately, there is always the risk that you may be unable to take part in weather-dependent activities due to poor weather. If this occurs, you will not be entitled to change or cancel your Provisions without paying suppliers’ normal charges. You will not be entitled to the options set out in clause 7. We will do our best to provide a refund of the specific Provisions, where the Supplier permits this and is willing to accommodate it.
10. Force Majeure
We shall not be liable to you as a result of any delay or failure to perform our obligations under these terms and conditions if and to the extent such delay or failure is caused by an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, snow, storm or default of suppliers or subcontractors.
11. Limitation Of Our Liability To You
(1) Our agreement with you and the service we provide for you is to source and book Provisions for you. Your contract(s) are with each applicable supplier of your Provisions and their booking conditions govern each contract. As a booking agent, under English law, we have no responsibility for the actual provision of the Provisions or for the acts or omissions of the supplier(s) concerned or any of its employees, agents, suppliers or subcontractors. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the Provisions that we pass on to you in good faith. However, we promise to use all reasonable skill and care in selecting the supplier(s) who are featured on our website. It is your responsibility to show that all reasonable skill and care has not been used if you wish to make a claim against us. Please note: we do not exclude any liability for death or personal injury arising as a result of our negligence or that of our employees providing they were at the time acting within the course of their employment with us.
(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
the act(s) and/or omission(s) of any person(s) affected or any member(s) of your party; or
the act(s) and/or omission(s) of a third party not connected with the provision of your Provisions and which were unforeseeable or unavoidable; or
Force Majeure
(3) Please note we cannot accept responsibility for any services which do not form part of your Provisions. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you that we have not booked for you and any arrangements you purchase whilst away. In addition, regardless of any wording used by us on our website, in any of our quotes or elsewhere, we only promise to use all reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) We limit the maximum amount we may have to pay you for any claims you may make against us. For all claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the value of the element of the booking that has been affected (excluding insurance premiums and amendment charges).
(5) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of our agreement with you or other fault by ourselves or our employees. Additionally, we cannot accept liability for any business losses.
(6) Some of the activities and events we offer are by their nature inherently dangerous. By participating in these you assume the inherent risks involved. We cannot be responsible for any injury or loss suffered by you other than as expressly set out in these terms and conditions. You must ensure you have personal travel insurance which covers such activities and events – see clause 11.
12. Insurance
It is your responsibility to make sure you take out adequate and appropriate personal insurance for your protection. We cannot be held responsible for any costs you incur as a result of failing to have suitable insurance in place. Such insurance should cover the cost of cancellation by you and/or any member of your party and the cost of assistance, including repatriation, in the event of illness or accident.
You must ensure that the policy you purchase is suitable for your confirmed Provisions including any hazardous activities. Many policies do not cover such activities so you must check the small print before purchasing and if in doubt, check with the insurers that you will be covered. You must also ensure that your insurance covers participation in any hazardous activities which do not form part of your Provisions.
13. Behaviour
You must be responsible for the behaviour of yourself and all members of the group, for the duration of the booking process and the event itself. We can refuse to accept you as a customer or refuse to continue dealing with you and/or any other member of your party by terminating your arrangements if behaviour is or is likely to be, in our reasonable opinion, or in the reasonable opinion of any supplier or other person in authority, disruptive, upsetting or dangerous to yourself or anyone else or if you or any member of your party have caused or are likely to cause damage to property. We will not pay any refund, compensation or other sum whatsoever or any costs or expenses incurred by you if we have to terminate your arrangements due to such unacceptable behaviour. In this situation, we will then have no further responsibility for you or any other member of your party (including any return travel arrangements).
You agree to ensure that all members of the group comply with all timetables of the events. Failure to keep to the timetables may result in either discontinuation of the event or cancellation of the said event. We will not be liable for any refund, compensation or any costs that may be incurred by you.
You agree to ensure that all members of the party act at all times in a safe and responsible manner and comply with all safety procedures, listen and be present at all safety and information briefings that are relevant to the Provisions booked, make supervisors or any persons in authority immediately aware of any equipment or site deficiencies or concerns, dress suitably for any event as advised by any supplier(s) and observe and obey all laws, requests, conditions of use and other requirements of any supplier(s), including accommodation and entertainment venues.
Many events and activities require a high level of concentration and the use of alcohol or drugs or being under the influence of alcohol or drugs whilst participating in such events is strictly forbidden. If you or any member of your party have, in the reasonable opinion of any supplier(s), been using drink or drugs or fail to act in a safe responsible manner, they reserve the right to cancel your participation forthwith. In this event, we will not be liable to pay you any refund, compensation or any costs/expenses incurred by you.
14. Health
Some of the events or activities you may book are strenuous and require a good level of strength, fitness and endurance. It is your responsibility to ensure that you and your group members have the levels of health and fitness required for any particularly strenuous activities. Many events are not recommended for those with any disability, illness or infirmity.
You must provide us with full details of any existing medical or physical problem (including unusual height or weight) or disability that may apply to any member of your group and which affect your provisions before you make the booking. If in our reasonable opinion, your chosen Provisions are not suitable for the medical or physical problem or disability or you are not travelling with someone who can provide all assistance that may be required, we have the right to refuse to accept the booking or you may not be able to participate in certain events in which event we shall not be liable for any losses or compensation arising. If you do not give us full details of any medical or physical problem or disability at the time of booking, we can also cancel the booking when we find out the full details if in our reasonable opinion the Provisions are not suitable in the circumstances. If we cancel in this situation, monies paid towards the event will be non-refundable and cancellation charges may have to be paid by the person concerned.
15. Special Requests
If you or any of your group have any special requests, you must advise us in writing before making the booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless any supplier has specifically confirmed this. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
16. Email Opt-In
By accepting these Terms and Conditions when signing up to the website, you agree to receive emails relating to your booking from your designated Event Organiser and Hens with Heart Ltd. At times this may also extend to contact from our Suppliers if they need to reach you directly.
You will not be automatically opted-in for marketing emails. You will be given the opportunity to opt-in to receiving marketing emails about promotions and news from Hens with Heart Ltd. on the website.
Once subscribed, if at any time you wish to unsubscribe from marketing emails, you can contact hello@henswithheart.com or update your email preferences through the unsubscribe link in our emails.
17. User Generated Contributions
The Provisions may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Provisions, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, ‘Contributions’). Contributions may be viewable by other users of the Provisions and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Provisions, and other users of the Provisions to use your Contributions in any manner contemplated by the Provisions and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Provisions and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Provisions in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Provisions.
18. Intellectual Property Rights
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Provisions, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Provisions (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Provisions ‘AS IS’ for your personal, non-commercial use only.
Your use of our Provisions
Subject to your compliance with these Legal Terms, including clause 26 ‘Prohibited Activities’ section below, we grant you a non-exclusive, non-transferable, revocable licence to:
access the Provisions;
and download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Provisions and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Provisions, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: hello@henswithheart.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Provisions or Content, you must identify us as the owners or licensors of the Provisions, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Provisions, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Provisions will terminate immediately.
Your submissions and contributions
Please review this section and clause 20 ‘Prohibited Activities’ carefully prior to using our Provisions to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Provisions.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Provisions (‘Submissions’), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Provisions may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Provisions, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (‘Contributions’). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Provisions and possibly through third-party websites.
When you post Contributions, you grant us a licence (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicence the licences granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This licence includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Provisions or making Contributions accessible through the Provisions by linking your account through the Provisions to any of your social networking accounts, you:
confirm that you have read and agree with clause 20 ‘Prohibited Activities’ and will not post, send, publish, upload, or transmit through the Provisions any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Provisions infringes upon any copyright you own or control, please immediately refer to clause 26 ‘Copyright Infringements’ below.
19. User Representations
By using the Provisions, you represent and warrant that: (1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a
minor in the jurisdiction in which you reside; (5) you will not access the Provisions through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Provisions for any illegal or unauthorised purpose; and (7) your use of the Provisions will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Provisions (or any portion thereof).
20. User Registration
You may be required to register to use the Provisions. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
21. Prohibited Activities
You may not access or use the Provisions for any purpose other than that for which we make the Provisions available. The Provisions may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Provisions, you agree not to:
Systematically retrieve data or other content from the Provisions to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Provisions, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Provisions and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Provisions.
Use any information obtained from the Provisions in order to harass, abuse, or harm another person.
Make improper use of our support Provisions or submit false reports of abuse or misconduct.
Use the Provisions in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorised framing of or linking to the Provisions.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Provisions or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Provisions.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
Interfere with, disrupt, or create an undue burden on the Provisions or the networks or Provisions connected to the Provisions.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Provisions to you.
Attempt to bypass any measures of the Provisions designed to prevent or restrict access to the Provisions, or any portion of the Provisions.
Copy or adapt the Provisions’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Provisions.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Provisions, or use or launch any unauthorised script or other software.
Use a buying agent or purchasing agent to make purchases on the Provisions.
Make any unauthorised use of the Provisions, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Use the Provisions as part of any effort to compete with us or otherwise use the Provisions and/or the Content for any revenue-generating endeavour or commercial enterprise.
22. Contribution Licence
By posting your Contributions to any part of the Provisions, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Provisions. You are solely responsible for your Contributions to the Provisions and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Provisions; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
23. Third-Party Websites And Content
The Provisions may contain (or you may be sent via the Site) links to other websites (‘Third-Party Websites’) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (‘Third-Party Content’). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Provisions or any Third-Party Content posted on, available through, or installed from the Provisions, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Provisions and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Provisions or relating to any applications you use or install from the Provisions. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or Provisions offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or Provisions. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
24. Advertisers
We allow advertisers to display their advertisements and other information in certain areas of the Provisions, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
25. Provisions Management
We reserve the right, but not the obligation, to: (1) monitor the Provisions for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Provisions or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Provisions in a manner designed to protect our rights and property and to facilitate the proper functioning of the Provisions.
26. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy: https://www.henswithheart.com/privacy-policy/. By using the Provisions, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Provisions are hosted in United States. If you access the Provisions from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in United States, then through your continued use of the Provisions, you are transferring your data to United States, and you expressly consent to have your data transferred to and processed in United States.
27. Copyright Infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the Provisions infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a ‘Notification’). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Provisions infringes your copyright, you should consider first contacting an attorney.
28. Term And Termination
These Legal Terms shall remain in full force and effect while you use the Provisions. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE Provisions (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE Provisions OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
29. Modifications And Interruptions
We cannot guarantee the Provisions will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Provisions, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Provisions at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Provisions during any downtime or discontinuance of the Provisions. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Provisions or to supply any corrections, updates, or releases in connection therewith.
30. Governing Law
These Legal Terms are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Hens with Heart Ltd and yourself both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in the United Kingdom, or in the EU country in which you reside.
31. Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a ‘Dispute’ and collectively, the ‘Disputes’) brought by either you or us (individually, a ‘Party’ and collectively, the ‘Parties’), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be London, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
32. Disclaimer
THE Provisions ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE Provisions WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE Provisions AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE Provisions’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE Provisions AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Provisions, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Provisions, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE Provisions BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Provisions. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Provisions, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR Provisions. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
33. Indemnification
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) your Contributions; (2) use of the Provisions; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Provisions with whom you connected via the Provisions or a Supplier. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
34. User Data
We will maintain
certain data that you transmit to the Provisions for the purpose of managing the
performance of the Provisions, as well as data relating to your use of the Provisions. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Provisions. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
35. Electronic Communications, Transactions, And Signatures
Visiting the Provisions, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Provisions, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE Provisions. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
36. Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Provisions or in respect to the Provisions constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Provisions. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
37. Supplier Specific Terms
The annual Partner Subscription fee is non-refundable upon each payment.
We do not/can not make a guarantee of net-new customers as a direct result of the listing or dedicated campaigns.
We cannot be responsible for any negative impact on the Partner business as a result of the listing.
Listings can be removed at any time by request.
It is the responsibility of the Partner to ensure a suitable mechanism is in place for the facilitation of the Provisions advertising on through our website and communications.
38. Complaints & Contact
If you make a complaint whilst on the booking, you must bring it to the attention of any supplier or accommodation provider immediately. They will do their best to rectify the situation.
If your complaint is not resolved by the supplier or the accommodation provider, or if you wish to make a formal complaint about the service you have received from us, please send your comments in writing within seven days of your return home, at:
23 Lime Avenue
Camberley
Surrey
United Kingdom
hello@henswithheart.com
Please give your booking reference and all other relevant information, keeping your account concise and to the point in order to assist us to quickly identify your concerns and speed up our response to you. We will investigate the issues raised and will endeavour to respond within 14 days of receipt and resolve any issues raised within 28 days.
As it is difficult and sometimes impossible to properly investigate a complaint if suppliers/we are not told about it reasonably quickly, any compensation you may have been able to claim could be reduced or even lost altogether if you do not follow the complaints procedure set out in this clause. Any acceptance of liability by us is however subject to clause 12.
In the unlikely event that you have to pay for an activity or for entrance to a venue booked through us where you had already paid through us for this activity then you must collect a receipt and send it to us in order for us to reimburse those costs. Any claims for compensation must be received within three months of the departure date for them to be considered.