Booking Terms and Conditions for Willow Special Events
Definitions:
“Willow/We/Us/Our” means Willow (company limited by shares No. 05352056.)
“You/Your/Yourself” means the person agreeing to be bound by these terms.
“The Event” means the name of the event that you are attending in aid of Willow.
“Fee” means the ticket/table/team price that you are required to pay to confirm your place at the Event.
These Terms and Conditions set out the terms on which we supply tickets to you.
Please read these Terms and Conditions and Privacy and Data Policy carefully before booking tickets for the Event. By purchasing tickets to the Event, you and your guests agree to be bound by and comply with these Terms and Conditions.
1. THE EVENT
It is really important to us that you and your guests enjoy the Event. We set out below some guidelines which you and your guests will need to be aware of and comply with:
(a) You are aware of the nature of the event and associated medical and physical risks involved and agree that you are physically capable and responsible for your actions.
(b) We will use reasonable endeavours to ensure the Event is an enjoyable and memorable one for you and your guests, however we cannot be liable for circumstances beyond our control (see clauses 9 and 10 below).
(c) Unfortunately, pets or other animals may not be brought in to the Event (except guide or hearing dogs).
2. ELIGIBILITY TO ATTEND
Due to the format and timings of the Event and UK licensing laws, you may only attend the Event if you are 18 years old or over.
3. TICKET PRICE, PAYMENT AND BOOKING TERMS
3.1 You shall complete the appropriate event Booking Form. You will submit payment of the fee as stated on the event page of our website or Booking Form. Alternatively, if required we can issue you an invoice (please advise details on your booking form)
3.2 Payment for fees to the Event can be made either by:
(a) Bank transfer to Willow – Account number 88639886 Sort Code 60-10-18
(b) cheque (made payable to ‘Willow Foundation’);
(c) valid credit or debit card (Visa, MasterCard or Amex). Payments to be received in full within 28 days of booking confirmation. However, if bookings are made less than 28 days prior to the event, full payment must be made at the time of booking. In any eventuality, all payments must be received at least 14 days prior to the event.
3.3 In the event that you have booked tickets and find that you are no longer able to attend, notice of cancellation from the event must be communicated by emailing events@willowfoundation.org.uk and the following cancellation terms apply:
Days before Event / Charges payable
More than 28 days: 50% of the total cost of tickets booked
0-28 days: 100% of total cost of tickets booked
4. THE BOOKING CONTRACT
When you make your booking (either by telephone, email or by completing the booking form) this constitutes an offer by you to us to purchase tickets for the Event.
All bookings are subject to acceptance by us, and we will confirm our acceptance of your booking by sending you a confirmation email to confirm your booking has been successful (the "Booking Confirmation Email”). The contract between us for purchase of tickets to the Event (the "Contract") will be formed when we send you the Booking Confirmation Email.
Tickets will be sent to all hosts approximately 2-4 weeks prior to the Event, together with full event information.
Guests are required to return the information requested to Willow by the required dates in order to ensure all arrangements can be made with the venue.
5. ADMISSION & RIGHT OF ENTRY
On arrival at the Event, please make your way to the Registration Desk where a member of the Willow team will check names on the guest list. Please also ensure that you and your guests bring their tickets to show to the Willow team at registration.
6. WRITTEN COMMUNICATIONS
6.1 When we need to communicate with you in writing either at point of booking or thereafter, we will use either the email address or postal address that you provide us with.
6.2 All correspondence by you to us relating to booking tickets to the event should be sent to the Events Team at Willow, Gate House, Fretherne Road, Welwyn Garden City, AL8 6NS Tel: 01707 259 777 or by email at events@willowfoundation.org.uk
6.3 Correspondence by email will be deemed to have been received at the time of transmission and, in the case of post, 48 hours from the date of posting.
7. CANCELLATION/POSTPONEMENT OF THE EVENT
7.1 We reserve the right to postpone or cancel the Event without notice for any reason. In the event of such postponement or cancellation, you will be entitled to equivalent priced ticket(s) for an alternative event (subject to availability) or a full refund. We will have no further liability whatsoever as a result of our postponing or cancelling your attendance at the Event including but not limited to any travel costs, loss of enjoyment, disappointment, emotional distress or any indirect or consequential loss (see also clause 9.2 below), whether incurred by you or any of your guests.
7.2 We will use reasonable endeavours to keep you informed about any potential postponement or cancellation of the Event via email and post and including updates on our website www.willowfoundation.org.uk.
COVID- 19, Postponement and Cancellation - For the avoidance of doubt. Your ticket will be subject to the laws and regulations that are implemented by the UK government, as this takes precedence.
Postponement – Should the event be rescheduled or postponed as a result of COVID-19 with the UK laws and regulations preventing the original date from going ahead, you will automatically be entitled to a ticket of equivalent value for the rearranged date. We will provide written confirmation of the alternative date of the rearranged event. If you are unable to make this new date, then you will be entitled to a full refund provided you inform us within 30 days of the written confirmation of the new date of the event.
Cancellation of the Event – Should the event be cancelled as a result of COVID-19 and no new date arranged, we will confirm the cancellation to you formally in writing, you will then be entitled to a refund. We must receive your request for a refund within 30 days of the written confirmation of the cancellation of the event.
In the event that you cancel for your own personal reasons, our standard terms and conditions will apply
These Terms & Conditions may vary from time to time. If they vary after you have purchased a table and prior to the event, then we will contact you to agree any changes with you.
8. PHOTOGRAPHY & VIDEO RECORDING
8.1 Please be aware that we may carry out photography and video recording at the Event and by purchasing tickets and attending, you agree to us using certain images for promotional purposes. If you do not agree, please let the event organisers know at the earliest possible convenience.
8.2 Non-professional photography and video recording is permitted at the Event. However all images and videos taken must be for non-commercial use only.
8.3 We do not supervise the taking of non-professional photography and video recording at the Event and so we cannot be responsible if you or any of your guests are featured in any other visitor's photograph or recording which is subsequently published or distributed in any form.
9. OUR LIABILITY
9.1 Our liability for any losses you and/or any of your guests may suffer as a result of us breaching these Terms and Conditions or for any breach of any statutory duty or negligence or otherwise is strictly limited to the total purchase price of your tickets to the Event.
9.2 To the maximum extent permitted by law, neither we nor any of our directors, employees or other representatives will be liable for any of the following losses or damage arising in connection with the Event or the provision of our services to you (howsoever arising and whether such losses were foreseeable or not):
(a) loss of data;
(b) loss of profit;
(c) loss of revenue;
(d) loss of business or opportunity;
(e) loss of goodwill;
(f) loss of / stolen property
(g) disappointment or emotional distress; and/or
(h) any indirect, consequential or special loss;
9.3 Nothing in these Terms and Conditions shall exclude or in any way limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any liability which cannot be excluded or limited by law.
10. EVENTS OUTSIDE OUR CONTROL
10.1 Willow will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by any event outside our reasonable control ("Force Majeure Event") including any failings in the services provided by the Location or any of the acts booked by us to appear at the event.
10.2 A Force Majeure Event includes (without limitation) the following:
(a) Strikes and labour disputes of all kinds including lock-outs or other industrial action (but not if by any employee of the affected Party or any contractor or agent of the affected Party);
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Natural disasters or acts of God such as a fire, explosion, storm, flood, earthquake, tidal wave, subsidence, epidemic or other natural disaster;
(d) Any other severe adverse or extreme weather conditions which necessitate the closure of the Location for the safety of our guests, staff and the hotel staff;
(e) Impossibility of the use of public or private telecommunications networks;
(f) The acts, decrees, legislation, regulations or restrictions of any government or prevailing authorities;
10.3 Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues. We will use our reasonable endeavours to minimise the impact of the Force Majeure Event or to provide a suitable alternative date on which you can enjoy the Event.
11. GENERAL
11.1 If any of these Terms and Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.2 These Terms and Conditions and the Privacy and Data Policy constitutes the entire agreement between us in relation to their subject matter and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing. We both agree that, save as expressly set out herein, neither party will have any liability for any untrue statement or representation made by it (whether innocently or negligently) upon which the other party relied in entering into these Terms and Conditions, unless such untrue statement or representation was made fraudulently.
These Terms and Conditions and the Privacy and Data Policy shall prevail over any inconsistent terms and conditions in any other agreement between us or referred to in correspondence or elsewhere and any conditions or stipulations to the contrary are hereby excluded and extinguished.
12. LAW AND JURISDICTION
These Terms and Conditions and the terms of our Privacy and Data Policy shall be governed by and construed in accordance with the laws of England. You accept that any dispute under these Terms and Conditions and/or our Privacy and Data Policy shall be subject to the exclusive jurisdiction of the English courts to which you submit.
13. INFORMATION ABOUT US
Willow Events Ltd passes 100% of its profit as a donation under gift aid to Willow Foundation. Willow Events Ltd is a company limited by shares No. 05352056. Willow Foundation is a registered charity in England and Wales No. 1106746 and a registered charity in Scotland No. SC045811.
Both companies are registered in England and Wales at Gate House, Fretherne Road, Welwyn Garden City, AL8 6NS.
Willow is the only charity in the UK to provide positive and life-enhancing Special Days for seriously ill 16 to 40 year olds. The charity receives no government or lottery funding and is totally reliant on the generosity of individuals, companies and trusts to fund its work.
14. COMPLAINTS
We accept that, despite every effort being made to ensure you have a trouble free and enjoyable Event, things may occasionally go wrong. If you have a complaint, please inform our staff immediately. They will attempt to resolve the problem as soon as possible. If, however, an acceptable solution is not found and you wish to take the matter further, please email info@willowfoundation.org.uk detailing in full the nature of the complaint, within 7 days of the Event where reasonably practicable. This will allow us to investigate your complaint fully.
15. CHANGES TO THE TERMS OF USE
We reserve the right to change these Terms of use at any time. Please review these terms regularly to ensure you are aware of any changes made by Willow. Your continued use after changes are posted means you agree to be legally bound by these terms as updated and/or amended
• Willow Foundation is a registered charity no. 1106746 and a company limited
EMMA LIVE:
These terms and conditions (“terms”) set out the terms upon which Emma Live Ltd (“Emma” or “we”) offers use of its online fundraising platform (the “fundraising platform”) and bidding facility (“bidding facility”) to:
- A seller of goods or services through the fundraising platform (a “seller”),
- A bidder on goods or services through the fundraising platform (a “bidder”), and
- A client charity or company hosting an auction for such goods or services on the fundraising platform (a “client”) (collectively a “user” or “you”).
Use of the fundraising platform and/or bidding facility by a user constitutes acceptance of these terms. If you do not agree to be bound by these terms, you may not use the fundraising platform.
Emma reserves the right to change these terms at any time. Amendments will take effect when posted on the website www.Emma-live.com (the “website”). The date of the terms is as stated at the top of the terms. The terms current at the start of your use will apply until that use is completed. Your continued use of the fundraising platform after any amendments to the terms shall be deemed to constitute your binding acceptance of such amendments.
1. Seller Terms
1.1. We will provide access to the fundraising platform to allow a seller to upload seller goods and/or services being offered by clients for purchase by bidders through the fundraising platform (“items”). The seller may list multiple different items or multiples of the same item.
1.2. When a seller lists an item on the fundraising platform, they must include a description of the item and the cost price for which the item can be offered by the client and purchased by a bidder (the “reserve”).
1.3. Where a seller lists an item on the fundraising platform, it authorises the client to conduct the sale of the item on the fundraising platform, for a price not less than the reserve. The seller waives any entitlement to have any involvement in the sale of the item once it is listed on the fundraising platform. The seller acknowledges that neither Emma nor the client are acting as an agent to the seller in respect of the sale of the item on the fundraising platform and the seller hereby waives any claim, right or action that they may have against Emma arising out of any claim or determination that Emma is acting as an agent of the seller or in any other fiduciary capacity in the sale of the seller’s item.
1.4. A seller will be contacted by a bidder to redeem the purchased item. The bidder will be provided with a voucher for the purchased item from the client which it should provide to the seller. The seller will then be notified of the details of the sale, including the identity of the winning bidder.
1.5. A seller warrants that it has full right and title to any images or other representations of items uploaded to the fundraising platform for use by the client. The seller hereby grants Emma a non-exclusive, fully paid, worldwide, sub-licensable license to display such images or representations of items for the purpose of facilitating the sale of such items through the fundraising platform.
1.6. Where an item is sold on the fundraising platform, the seller is solely responsible for collecting the reserve from the client. The seller acknowledges that Emma is not responsible or liable in any way for payment of the reserve to the seller, and the seller waives any right, claim or entitlement against Emma in respect of any failure by the client or the bidder to pay the reserve to the seller.
1.7. Subject to the client’s receipt of payment from the bidder, the client will be obliged to make payment to the seller in advance of the item being redeemed, used or otherwise provided to the bidder.
1.8. The seller acknowledges that the reserve is its maximum entitlement where an item is sold on the fundraising platform and agrees that any excess paid for the item by a bidder over and above the reserve will be donated to the client or any third party of the client’s choice.
1.9. Where applicable, the seller will be responsible for incorporating the seller’s terms of supply of goods or services in respect of the sale of the item. These terms and conditions do not incorporate any terms of conditions of the seller where the seller lists an item to be sold on the fundraising platform.
1.10. Sellers acknowledge and agree that (a) neither we nor any client guarantees that seller’s item will be included on the fundraising platform for an auction or that it will ultimately be sold; (b) the client may, in its discretion, change the description of an item without a seller’s approval; and (c) the client or Emma reserves the right to reject any item for an auction in its complete discretion, after having selected it for an auction.
1.11. By listing an item on the fundraising platform, a seller understands and agrees that he is responsible for complying with all applicable laws and regulations for the items listed, including any required labels and warnings. We assume no responsibility for the accuracy, labelling, or content of a seller’s items.
1.12. By listing items on the fundraising platform, a seller is agreeing to:
1.12.1. Honour any dispatch and processing times for the provision of the items to the bidder and/or the client, as agreed between the seller and a bidder and/or client. Sellers are obligated to dispatch an item or otherwise complete a transaction with a bidder in a prompt manner, unless there is an exceptional circumstance;
1.12.2. Respond to messages from Emma, a bidder or a client in a timely manner; and
1.12.3. Honour any commitments made when the item is listed.
1.13. The following campaigns and/or items and content are not allowed on the fundraising platform:
1.13.1. Sexually explicit, suggestive or pornographic material, including but not limited to bigotry, racism, sexism or profanity;
1.13.2. Content or causes associated with hate groups or terrorist organizations;
1.13.3. Drug abuse, products or paraphernalia;
1.13.4. Betting or gambling; and
1.13.5. The purchase, transfer, or exchange of weapons of any kind including guns, knives, explosives and ammunition.
1.14. We are not liable for, and the seller hereby releases Emma from any and all liability that may arise from, negligence, fraud, intentional misconduct, and/or any other tort or criminal action arising from actions or inactions of any bidder or client using the fundraising platform.
1.15. As a seller you agree that we can process your personal data in accordance with our privacy notice which is accessible at https://www.Emma-live.com/privacy.html.
2. Bidder Terms
2.1. The client auction operated on the fundraising platform is for the benefit of the client by whom the fundraiser is being run.
2.2. Items offered for sale on the fundraising platform are subject to the reserve which will be paid by the bidder to client and thereafter the client will make payment to the seller. The bidder will be required to make payment to the client through fundraising platform prior to redeeming a purchase of the item. All monies paid by a bidder above the reserve will be donated to the client.
2.3. Bidders may bid for more than one item on the fundraising platform in the same client auction.
2.4. The winning bidder on each item offered for sale on the fundraising platform will be the person who has submitted the highest bid, or at the client discretion, any bidder that has made a bid in excess of the reserve.
2.5. All bidders must be capable of forming legally binding relations under applicable law. The bidding facility may not be used by individuals under the age of 18 years old and by any other persons who are legally prohibited from, or otherwise incapable of, entering into binding contracts.
2.6. Any bidder using the bidding facility is warranting by so doing that they are legally entitled to do so.
2.7. As a bidder you agree that we can process your personal data in accordance with our privacy notice which is accessible at https://www.Emma-live.com/gdpr.html.
2.8. We do not and will not store bidder credit or debit card details beyond facilitating payment from the bidder to the client where they wish to purchase an item.
2.9. bidders wishing to bid on an item may make a bid for an item through the bidding facility. All items offered in a fundraising platform are listed and offered for sale on an "as is" basis. Bidders are advised to conduct any research or due diligence on an item prior to making a bid.
2.10. Bidders may be required to accept and seller’s term and conditions for the sale of an item. Such terms are not incorporated into these terms.
2.11. A bid made by a bidder is an offer to purchase the item from the seller at the stated bid price. Any bidder making a bid for an item acknowledges and agrees that their offer is an irrevocable offer to complete the transaction if they are the winning bidder whereupon the bid will become a contractually binding obligation to purchase the item at the bid price.
2.12. If a bidder bids on an item and that bid represents the winning bid for that item and the winning bid is above or equal to the reserve, the bidder's bid is deemed accepted.
2.13. The 'winning bidder' is the person certified by the client at the end of the auction, provided that their bid meets the reserve.
2.14. By bidding on an item, a bidder agrees to all the terms and sales conditions contained in the item (unless any of the terms violate these terms or applicable law). Payment for an item will be due immediately upon the completion of the client auction, unless otherwise agreed by the client. A bidder agrees to immediate payment and to pay any sales or use tax on the item, as well as any shipping or delivery charges.
2.15. We are not liable for, and each bidder are hereby releases Emma from any and all liability that may arise from, negligence, fraud, intentional misconduct, and/or any other tort or criminal action arising from actions or inactions of any bidder, seller or client using the fundraising platform.
2.16. Emma offers no warranty or guarantee as to whether the descriptions and/or photographs of items are accurate, complete and up-to-date, and it will not be responsible for any damages, loss or liability to a bidder by reason of a description of an item being inaccurate, incomplete.
2.17. In no event shall Emma be liable for any claim, demand or damages arising out of or in any way connected with the use by the bidder of the fundraising platform or the bidding facility, or otherwise in relation to their purchase of an item.
2.18. By agreeing to gift aid, the bidder is confirming that they are a uk taxpayer and understand that if they pay less income tax and/or capital gains tax in the current tax year than the amount of gift aid claimed on all their donations it is their responsibility to pay any difference. The bidder understands that other taxes such as vat and council tax do not qualify. The bidder understands that gift aid is reclaimed by the charity from the tax they pay for the current tax year. Gift aid on lot items is only applicable in a limited number of situations; the client will claim wherever possible; for more info see https://www.hmrc.gov.uk/charities/gift_aid/rules/auctions.htm.
3. Client Terms
3.1. By using the fundraising platform, the client understands and agrees that it is responsible for complying with all applicable laws and regulations relating to the fundraising activities on the fundraising platform, including but not limited to, any rules and regulations applying to the fundraising activities of charitable organisations and/or the handling of third-party money by charitable organisations. Emma assumes no responsibility for ensuring that fundraising occurring on the fundraising platform is compliant with applicable laws.
3.2. The client is required to remit the payment for an item to the seller upon redemption by the bidder.
3.3. The client acknowledges that the extent of Emma’s contractual warranties, undertaking and liabilities in respect of the client’s use of fundraising platform is set out in the customer terms and conditions (“terms and conditions”) agreed between the client and Emma. Other than as set in the terms and conditions, Emma excludes all liability in respect of the client’s use of the fundraising platform. The client specifically acknowledges that it is solely responsible for administering the fundraising event, including selecting seller’s items for sale, offering such items for sale on behalf of the seller, receiving payment for such items from a bidder, and remitting payment to the seller.
4. General Terms (apply to sellers, bidders and clients)
4.1. Emma hereby grants you a non-exclusive, non-transferable, revocable right to access and use the fundraising platform. The license and use granted hereunder is subject and conditioned upon the compliance with these terms. Nothing herein shall be deemed to convey ownership rights of any type to the fundraising platform or any related software, patents or other intellectual property rights.
4.2. We have no involvement in any sale and purchase of an item between a seller, a client and a bidder, other than acting as a facilitator to (i) provide bidder with the opportunity to purchase an item, (ii) provide the seller with an opportunity to sell an item, and (iii) provide the client with an opportunity raise money. We are not a direct or indirect party to the contract of purchase and sale of an item. We are not an auctioneer and we do not offer lotteries, prize promotions or sales promotions through the fundraising platform. We do not post the items advertised to auction on the fundraising platform. You acknowledge that we: (a) are not the owner of the items being sold; (b) do not conduct any fundraising activities on behalf of any third party including, without limitation, the client or seller; (c) do not have authority to act for and are not an agent for any seller or client; (d) do not screen, monitor or assess the description, quality, safety or legality of items advertised (provided that we do reserve the ultimate right to remove an item from the fundraising platform); (e) are not responsible in any way if any items displayed and subsequently sold via the fundraising platform prove unsatisfactory. We are not responsible for ensuring that any transaction for the purchase or sale of item on fundraising platform is completed.
4.3. Any software downloaded from the website or used as part of the auction process is at your own risk and we do not accept liability for any direct or indirect loss or damage howsoever caused as a result of any computer viruses, bugs, trojan horses, worms, software bombs or other similar programs arising from your use of this website. Whilst we will do our best to ensure that the website is free from such destructive programs, it is your responsibility to take reasonable precautions to scan for such destructive programs.
4.4. The reliability and functionality of the fundraising platform is not guaranteed. You waive any and all claims you may have against Emma arising out of the performance or non-performance of the fundraising platform.
4.5. Emma makes no representations or warranties as to the merchantability of any items offered or fitness for any particular purpose. Emma makes no representations or warranties that any bidder will be able to pay for an item or any seller will be able to sell, send or ship an item. We exclude all warranties, conditions, terms, undertakings and representations of any kind, express or implied, statutory or otherwise in connection with your use of the fundraising platform to the fullest extent permitted by law. You agree, by using the fundraising platform, that you are releasing Emma from any and all liability that may otherwise arise from these terms or your use of the fundraising platform, for any and all reasons including but not limited to negligence, failure of the website, fraud committed by a third party, intentional misconduct or any other tort. Further Emma will not be liable for any direct, indirect or consequential loss or damage howsoever arising as a result of your use or reliance on your use of the fundraising platform to the maximum extent permitted by law.
4.6. Without prejudice to the generality of the foregoing, under no circumstance shall Emma’s liability in respect of your use of the fundraising platform, whether arising in contract, tort (including negligence or strict liability), or otherwise, exceed the sum of £1,000.
4.7. Notwithstanding the foregoing nothing in these terms excludes or limits liability for death or personal injury, dishonesty, fraudulent misrepresentation, statutory rights of consumers that cannot be waived or limited by contract or otherwise to the extent permitted by applicable law.
4.8. You agree to fully indemnify, defend and hold Emma harmless immediately upon demand from and against all actions, liability, claims, losses, damages, costs and expenses (including legal fees) we incur arising directly or indirectly as a result of your breach of these terms, including without limitation, any claim that you have not honoured your commitments in respect of a transaction.
4.9. Emma shall have the right to restrict or terminate your access to the fundraising platform if you breach these terms.
4.10. No failure or delay by Emma to exercise any right or remedy provided under these terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
4.11. You agree not to assign these terms or any of your rights under it, nor sub-contract any or all of your obligations under these terms.
4.12. These terms do not and are not intended to provide any person who is not a party to the terms with any rights under the contracts (rights of third parties) act 1999 or otherwise.
4.13. If any provision of these terms is or becomes to any extent invalid or unenforceable under any applicable law then the remainder of these terms shall continue in full force and effect.
4.14. These terms are governed by and shall be construed in accordance with the law of England and wales and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
