Terms and Conditions

Introduction

This site is owned and operated by Day Delegate Limited, a company registered in England and Wales with company number 9242399, VAT number 196023407 and with registered address 343 Bedworth Road, Coventry, Warwickshire CV6 6BN and references below to 'daydelegate.com' are to Day Delegate Limited.

These Terms of Use together with our Privacy Policy, apply to your use of www.daydelegate.com ('Site'). We offer a service through which users of the Site ('Users') can search for and book meeting space directly with the operators of that space ('Operators'). We are remunerated by way of marketing fees from the Operators.

  1. Application of these Terms of Use
  2. These Terms of Use apply to both Users and, unless stated otherwise, Operators accessing any part of this Site. Where appropriate they also apply to Users making bookings through the Site. Except where specified, the Terms of Use also apply to any other visitor to the Site. The terms 'you' and 'your' refer to such Users,Operators and other visitors. If you are an Operator and have entered an operator agreement ('Operator Agreement') with us then, in the case of conflict between these Terms of Use or the Privacy Policy and the Operator Agreement, the terms of the Operator Agreement will prevail.

    You are responsible for ensuring that all relevant employees, officers, agents, contractors and other representatives ('Representatives') of your organisation are aware of and comply with your obligations under these Terms of Use. You will be liable for any breach of these Terms of Use by such Representatives.

    By accessing or using any part of this Site you agree to be bound by these Terms of Use. You also agree to be bound by our Privacy Policy. If you are a User you will also need to accept these Terms of Use before submitting a booking.

    Daydelegate.com may alter these Terms of Use and the Privacy Policy at any time, at its sole discretion, without notice to you and you agree to be bound by the current version of them from time to time. However, if you are a User and have accepted these Terms of Use in respect of a particular booking, the version of the Terms of Use that you accepted will continue to apply insofar as they relate to that booking. Insofar as they relate to your use of this Site the version of the Terms of Use published on the Site at the time of your use will apply. If you do not agree to these terms, please do not access or use this Site.

  3. Accessing our Site
  4. Our Site is made available free of charge. Daydelegate.com will need to carry out maintenance of the Site from time to time and in addition there may be other interruptions and Daydelegate.com does not warrant therefore that you will have access to the Site at all times, that the Site will be provided free of faults, or that the Site or the computer server from which it is made available do not contain viruses or other harmful components.

    We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.You are responsible for making all arrangements necessary for you to have access to our Site. Daydelegate.com reserves the right to suspend or terminate your access to and use of the Site for any reason.

  5. Responsibility for information
  6. Daydelegate.com gives notice that the particulars and information relating to any meeting space on the Site are provided by the Operators (and displayed on their behalf) and are intended as a general outline for guidance only and, except where specified, do not form, or form any part of, any offer or contract with Daydelegate.com.

    Daydelegate.com is not responsible for the validity of the details relating to the meeting space shown. Users should not rely on them as statements or representations of facts. Daydelegate.com and its employees do not have any authority to make or give representations or warranties in relation to the Meeting space.

  7. Your account and password
  8. This clause applies if you are a User. If you wish to make a booking of Meeting space through the Site, you will be required to set up an account ('Account'). You will be provided with a user identification code, password or any other piece of information as part of our security procedures. You must treat such information as confidential. You must not disclose it to any third party.

    You are fully responsible for all use of the Account and any actions that take place through your Account. In particular you are responsible for ensuring that any information you provide us is accurate, complete and up to date.

    We have the right to disable any user identification code or password or other security information, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

    If you know or suspect that anyone other than you knows your user identification code or password or other security information, you must promptly notify us at support@daydelegate.com. Daydelegate.com reserves the right to suspend or terminate your Account for any reason.

  9. Contract with the Operator
  10. This clause only applies if you are a User and book Meeting space through the Site. When you book Meeting space through the Site you will be entering a contract with the relevant Operator ('Contract'). The Contract will be formed as follows:

    • When you submit a booking for particular Meeting space you will be making an offer to book that Meeting space from the relevant Operator on the terms set out on the Site;
    • We will send you an email confirming on behalf of the relevant Operator thatyour booking has been accepted ('Confirmation Email'). If your booking has been accepted the Confirmation Email will constitute acceptance of your offer and a Contract between you and the Operator will be formed when you receive that email.

    Any such Contract is between you and the relevant Operator, and not Daydelegate.com. We have no liability to you in respect of your relationship with the Operator. Any claim you have against an Operator should therefore be brought against the Operator in question directly and not Daydelegate.com.

    You agree to indemnify us for any loss we may suffer as a result of you taking any action against us on the basis of breach by the Operator of a Contract or in relation to anything that occurs in respect of your or your Representativesí use of the Meeting space or of any equipment provided by the Operator or whilst you or your Representatives are present in the premises in which the Meeting space is situated.

  11. Fees and currency
  12. This clause only applies if you are a User and book Meeting space through the Site.

    The Operator will charge you a per person day delegate fee, which will be set out on the Site, for the Meeting space and for any other services (such as, but not limited to, catering, beverages and photocopying) ('Services') you book from the Operator ('Operatorís Fee').

    You will be required to pay the Operatorís Fee plus any VAT or other relevant tax to the Operator directly. Payments are not processed on our Site.

    The Operator's Fee will be quoted in a currency chosen by the Operator ('Listing Currency').

    All fees quoted are net of VAT or local taxes. Fee and availability information is subject to change without notice.

  13. Cancellation & Refund Policy
  14. 7.1 Cancellation Policy

    This clause only applies if you are a User and book Meeting space through the Site. The cancellation policy in respect of your booking will be set by the Operator and will be as displayed on the Site and in the email confirmation you receive when you make a booking. You are required to comply with the terms of the cancellation policy.

    If you cancel a booking you will only be eligible for a refund in accordance with the terms of the relevant cancellation policy. You will not be entitled to a refund for cancellation in any other case.

    7.2 Refund Policy

    Whilst we are not liable for any dispute you may have with the Operator,if for any reason you are not satisfied with any part of your booking experience, you agree to inform us immediately by emailing CustomerService@daydelegate.com.

    We will use reasonable endeavours to resolve any issue you may have.

  15. Use of Meeting space
  16. This clause only applies if you are a User and book Meeting space through the Site.

    You agree to abide by any terms and policies ('Policies') set by the Operator in respect of your use of the Meeting space or the premises in which the Meeting space is situated or of equipment provided by the Operator whether such Policies are set out on our Site or otherwise brought to your attention by the Operator.

    You agree to only use Meeting space for the purposes for which it is intended and to leave it in the condition in which you found them.

    You will be liable to the Operator for any expenditure it is required to incur as a result of your leaving the Meeting space or any equipment in disrepair or in an unreasonable state of cleanliness or for any other damage you or your Representatives cause whilst in the Meeting space or in the premises in which the Meeting space is situated or whilst using any equipment provided by the Operator.

    You agree to indemnify us for any loss we may suffer as a result of an Operator or any other party taking action against us for anything that occurs in respect of your or your Representativesí use of the Meeting space or of any equipment provided by the Operator or whilst you or your Representatives are present in the premises in which the Meeting space is situated.

  17. Copyright
  18. All Site design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this Site are copyright of Daydelegate.com and its affiliates, or their content and technology providers or the Operators. ALL RIGHTS RESERVED. Subject to the terms of clause 10, any use of materials on this Site including reproduction for any purpose, modification, distribution, or republication without the prior written permission of Daydelegate.com is strictly prohibited.

  19. Copies
  20. You may view the contents of the Site on screen and you are permitted to print a reasonable number of copies of a reasonable extract or extracts from this Site or any report provided to you by Daydelegate.com in its entirety for your personal use. All other copying and distribution of the contents of the Site to any third party is strictly forbidden.

  21. Disclaimer and limitation of liability
  22. To the fullest extent permitted at law, Daydelegate.com is providing this Site and its contents on an 'as is' basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this Site or the information, content, materials or products included in this Site including, without limitation, warranties of merchantability and fitness for a particular purpose. In particular, Daydelegate.com is not responsible for the information regarding Meeting space shown on the Site ñ the Meeting space advertised has not been inspected by Daydelegate.com and Daydelegate.com takes no responsibility for its quality, legal status or safety. It is for the User to inspect and enquire about Meeting space before booking it. In addition, Daydelegate.com does not represent or warrant that the information accessible via this Site is accurate, complete or current.

    Except as specifically stated on this Site, to the fullest extent permitted at law, neither Daydelegate.com nor any of its affiliates, directors, employees or other Representatives will be liable for damages arising out of or in connection with the use of this Site or the information, content, materials or products included on this Site or anything that occurs in respect of a Userís or its Representativesí use of the Meeting space or of any equipment provided by the Operator or whilst a User or its Representatives are present in the premises in which the Meeting space is situated. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

  23. No contract
  24. Please note that no part of the content of the Daydelegate.com website apart from these Terms of Use, the Operator Agreement and the Privacy Policy, constitutes any part of an invitation to treat, offer or contract.

  25. Linking to our Site
  26. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

    You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

    You must not establish a link to our Site in any website that is not owned by you.

    Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in clause 18.3 below.

    If you wish to make any use of content on our Site other than that set out above, please contact support@daydelegate.com

  27. Third party links
  28. Within the Site there may be links or references to third party websites or materials. Daydelegate.com is not responsible for these third party sites or their content and Daydelegate.com will not be in any way responsible for any transaction entered into by you concerning goods or services available from such third party websites.

  29. Privacy Policy
  30. We process personal information obtained from you in accordance with our Privacy Policy. By using our Site, and subject to the terms of the Privacy Policy, you consent to such processing and you warrant that all data provided by you is accurate.

  31. Viruses
  32. We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.

  33. Content
  34. If you are an Operator, this clause is, for the avoidance of doubt, subject to the terms of the Operator Agreement.

    Any material you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

    We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.

    We have the right to remove any material or posting you make on our Site if, in our opinion, such material does not comply with the content standards set out in clause 18.3.

    Under no circumstance does Daydelegate.com accept liability for any copyright infringement of any images uploaded by Users or Operators.

  35. Acceptable use
  36. 18.1 Prohibited uses of our Site

    You may use our Site only for lawful purposes. You may not use our Site:

    • In any way that breaches any applicable local, national or international law or regulation.
    • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
    • For the purpose of harming or attempting to harm minors in any way.
    • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out in clause 18.3.
    • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
    • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    • You also agree:
    • Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of these Terms of Use and, if you are an Operator, the Operator Agreement.
    • Not to access without authority, interfere with, damage or disrupt: -any part of our Site; -any equipment or network on which our Site is stored; -any software used in the provision of our Site; -any equipment or network or software owned or used by any third party.

    You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

    18.2 Interactive Services

    We may from time to time provide interactive services on our Site, including, without limitation, the opportunity for posting reviews about Meeting space ('Interactive Services'). Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

    We will do our best to assess any possible risks for users from third parties when they use any Interactive Service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. Although we will use reasonable endeavours to modify any reviews about Meeting space, we are under no obligation to oversee or monitor any other Interactive Service and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards set out in clause 18.3, whether the service is moderated or not.

    We will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

    18.3 Content standards

    These content standards apply to any and all material which you contribute to our Site ('Contributions'), including, for the avoidance of doubt, any material provided by an Operator via the Operator Dashboard or API (as those terms are defined in the Operator Agreement) and to any Interactive Services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole. You warrant that any such Contribution does comply with these standards, and you indemnify us for any breach of that warranty. Contributions must:

    • Be accurate (where they state facts).
    • Be genuinely held (where they state opinions).
    • Comply with applicable law in the UK and in any country from which they are posted.
    • Contributions must not: ?Contain any material which is defamatory of any person.
    • Contain any material which is obscene, offensive, hateful or inflammatory.
    • Promote sexually explicit material.
    • Promote violence.
    • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
    • Infringe any copyright, database right or trade mark of any other person.
    • Be likely to deceive any person.
    • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
    • Promote any illegal activity.
    • Be threatening, abuse or invade anotherís privacy, or cause annoyance, inconvenience or needless anxiety.
    • Be likely to harass, upset, embarrass, alarm or annoy any other person.
    • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
    • Give the impression that they emanate from us, if this is not the case.
    • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

    18.4 Suspension and termination

    We will determine, in our discretion, whether there has been a breach of this clause 18 of these Terms of Use through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

    Failure to comply with this clause 18 of these Terms of Use constitutes a material breach of the Terms of Use, and may result in our taking all or any of the following actions: ?Immediate, temporary or permanent withdrawal of your right to use our Site.

    • Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
    • Issue of a warning to you.
    • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
    • Further legal action against you.
    • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

    We exclude liability for actions taken in response to breaches of this clause 18 of these Terms of Use. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

  37. Contact Details
  38. Daydelegate.com principal place of business in the UK is

    343 Bedworth Road, Coventry, Warwickshire, CV6 6BN

    You can also email support@daydelegate.com

  39. Enforceability
  40. If any part of these Terms of Use or Privacy Policy is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision shall, to the extent required, be severed from these Terms of Use and shall be ineffective without, as far as is possible, modifying any other clause of part of these Terms of Use and shall not affect any other provision of these Terms of Use which shall remain in full force and effect.

  41. Waiver
  42. No failure or delay by Daydelegate.com to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise prevent any further exercise of the same, or of some other right, power or remedy.

  43. Jurisdiction
  44. These Terms of Use and the Privacy Policy shall be governed by English law. The English Courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms of Use or the Privacy Policy. You hereby agree to submit to that jurisdiction.

  45. The Electronic Commerce (EC Directive) Regulations 2002
  46. To the extent that the Electronic Commerce (EC Directive) Regulations 2002 apply to the relationship between you and us, we and you agree to waive compliance with Regulations 9(1), 9(2) and 11 of those regulations.

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