Legal information
REGISTERED OFFICE
The sites are operated by Reservie Ltd, a company registered in England & Wales under company number 14747690.
Our registered address is:
Reservie Ltd,
Exchange House,
St Cross Lane,
Newport,
Isle of Wight,
PO30 5BZ
Terms and conditions
1. INTRODUCTION
This document presents the terms and conditions of use of reservie.net and associated sites.
2. CONTRACT
Your contract is with Reservie Ltd, company number 14747690 registered offices at Exchange House, St Cross Lane, Newport, Isle of Wight, PO30 5BZ, referred to as "my.reservie.net", "www.reservie.net", "reservie.net", “we”, "our" or “us”, "site", "sites" in this contract. When we refer to "you", "your", "Client", we are referring to any person or legal entity that forms a contract with the "site". A binding contract is only entered into when you complete registration with my.reservie.net. As such the contract will exist between "us" and "you" or any legal entity, person or company that you represent. By entering this contract you agree that you fully accept and understand the terms in full and agree to fully adhere to them. Furthermore if you disagree with these terms of use or any part of these terms of use, you must not use our sites.
When refer to "Checkout", we mean the publicly accessible part of our site that is associated to a Client account, when can be used for the purchase by any Customer. When we refer to "Customer" we mean any person or legal entity that accesses the checkout.
3. ACCESS TO OUR SITES
3.1 We reserve the right to withdraw or amend to the sites without notice. We will not be liable if for any reason either or both of our sites are unavailable at any time or for any period.
3.2 Occasionally we may restrict access to some parts of our sites, or our entire sites, to users who have registered with us.
3.3 You are also responsible for ensuring that all persons who access our site through your Internet connection are aware of these terms, and that they comply with them.
4.INFORMATION ABOUT YOU
4.1 We display information about you on your checkout pages. It is your responsibility to ensure that this information is kept up to date and accurate. We cannot accept liability for inaccuracies.
5. COOKIE MANAGEMENT
5.1 We use cookies and other tracking technology. These cookies enable the sites to operate correctly and to manage you and your customers sessions. If you choose to disable cookies, the sites may not function correctly.
6. LICENCE TO USE OUR SITES
6.1 Unless otherwise stated, we own the intellectual property rights in the sites and material on the sites.
6.2 By registering with the sites, you are granted a non-exclusive license to access and use the services that the sites provide. Unless otherwise agreed eligibility to use the sites is subject to payment.
7. ACCEPTABLE USE
7.1 You must not use our sites in any way that causes, or may cause, damage to the sites or impairment of the availability or accessibility of the sites; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
7.2 You must not use our sites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
7.3 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our sites without our express written consent.
7.4 You must not use our sites to transmit or send unsolicited commercial communications.
7.5 You must not use our sites for any purposes related to marketing without our express written consent.
7.6 You must only connect or integrate to third-party providers where you are or have explicit permission from the respective account holders. Where you are not the account holder, you must remove associated connections and integrations upon request of the respective account holders.
7.7 You must not use our site to manage or process data in a way that does not comply with data laws associated to the country or state and without explicit consent from the data owner.
7.8 Breaches of this provision may be 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.
8. USER GENERATED CONTENT
8.1 In these terms of use, 'your user content' means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our sites, for whatever purpose.
8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
8.3 Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
8.4 You must not submit any user content to the sites that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
8.5 We reserve the right to edit or remove any material submitted to our sites, or stored on our servers, or hosted or published upon our sites.
8.6 Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our sites.
9. RESTRICTED ACCESS
9.1 We reserve the right to stop, cease or restrict any part of our site, at our discretion with consultation or notification.
10. SERVER LOCATIONS
9.1 All of our services are based with in the EU. We may reserve the right to use 3rd party services that are based outside the UK, and who are compliant with EU law.
11. SUBSCRIPTIONS AND PAYMENTS
11.1 Access to the sites may be subject to subscription costs. Two types of subscription rates apply:
11.1.1 Monthly Subscription – Available only in the UK. Payments are taken via direct debit. You will be obliged to setup and maintain a direct debit mandate linked to your bank for the duration of you contract
11.1.2 Community subscription - charged as an application fee each time your clients transact and make payment by credit or debit card with your reservie account.
11.2 We reserve the right to review any of our charges at anytime.
12. LINKING TO OUR SITE
12.1 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, but 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.
12.2 Our sites 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.
12.3 You may link to your events using the API's provided by reservie.net
13. PAYMENTS CONCLUDED THROUGH OUR SITE
13.1 The sites exclusively use thirdparty providers to process and manage payments.
13.2 We accept no liability for costs, charges or losses associated to payment providers that the sites may integrate with.
13.3 The thirparty providers are responsible for PCI compliance. No credit card, debit card or other financial information is stored by our servers.
13.4 Where you conduct financial transactions on behalf of you customers, you are solely responsible for maintaining PCI compliance.
14. ACCURACY AND RELIANCE
14.1 Whilst we endeavour to ensure that the information on the sites is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the sites remains available or that the material on the sites is kept up-to-date.
14.2 To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to these sites and the use of these sites (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
14.3 By using the sites, you accept full responsibility to any resultant financial transactions and their accuracy.
15. LIMITATIONS OF LIABILITY
15.1 Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
15.2 Subject to this, our liability to you in relation to the use of our sites or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
15.2.1 to the extent that the sites and the information and services on the sites are provided free-of-charge, we will not be liable for any loss or damage of any nature;
15.2.2 we will not be liable for any consequential, indirect or special loss or damage;
15.2.3 we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
15.2.4 we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control.
16. INDEMNITY
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.
17. BREACHES OF THESE TERMS OF USE
Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
18. VARIATION
We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.
19. ASSIGNMENT
19.1 We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
19.2 You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
20. SEVERABILITY
If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
21. DATA PRIVACY AND COOKIE POLICIES
21.1 Both parties will comply with all applicable requirements of the Data Protection Legislation (which shall mean: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998). This clause 13 is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.
21.2 You acknowledge that for the purposes of the Data Protection Legislation, you are the data controller and we are the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
21.3 Without prejudice to clause 21.1, you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to us for the duration and purposes of this Agreement.
21.4 Without prejudice clause 21.1, we shall, in relation to any Personal Data processed in connection with the performance of our obligations under this Agreement, we shall:
21.4.1 process that Personal Data only on your consent unless we are required by the laws of any member of the European Union or by the laws of the European Union applicable to us to process Personal Data (Applicable Laws). Where we are relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, we shall promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit us from so notifying you;
21.4.2 ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential.
21.4.3 ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of our systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by us);
21.4.4 not transfer any Personal Data outside of the European Economic Area unless to a declared sub-processor and your consent has been obtained and the following conditions are fulfilled:
(a) either party has provided appropriate safeguards in relation to the transfer;
(b) the data subject has enforceable rights and effective legal remedies;
(c) we comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
(d) we comply with reasonable instructions notified to it in advance by you with respect to the processing of the Personal Data.
(e) sub-processors outside the EU comply with EU Privacy shield.
21.4.4 assist you, at your own expense, in responding to any request from a Data Subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
21.4.5 notify you without undue delay on becoming aware of a Personal Data breach;
21.4.6 at your written direction, delete or return Personal Data and copies thereof to you on termination of the Agreement unless required by Applicable Law to store the Personal Data; and
21.4.7 maintain complete and accurate records and information to demonstrate our compliance with this clause 13 and shall immediately inform you if, in our opinion, an instruction infringes Data Protection Legislation.
21.4.8 only use the third party processors detailed in our data privacy notice.
21.5. Without prejudice to Clause 21.1, you have read and agree to our data policy notice and authorise us to use third party sub processors as detailed.
21.6 We will use maintain, as necessary in accordance to the uses detailed in our data privacy notice. By using reservie.net, you confirm that you acknowledge and accept the use of cookies.
21.7 It is your responsibility to notify your customers and clients of how cookies are used and what cookies will be downloaded as a result of them accessing Checkout.
22. EXCLUSION OF THIRD PARTY RIGHTS
These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
22. TERMINATION
22.1 You can terminate your contract at any any time and request removal of your account. We retain the right to retain limited transactional data as required by UK law for a period no greater than 7 years.
22.2 Where you have not complied with the Terms, we reserve the right to terminate your contract with us at anytime. Where we terminate the contract we retain the right to retain limited transactional data as required by UK law for a period no greater than 7 years.
23. TERMS OF SERVICE
23.1 We aim to provide availability of the site availability 24 hours per day, 365 days per year. However, we do not warrant or guarantee the site availability. By using the site you accept that periods of downtime, or maintenance may exist.
23.2 In the event of an outage or downtime we aim to bring the service back online as soon as possible within the limits of our control.
23.4 Data is backed up 48 times per day and stored securely for 24 hours. In the event of data corruption or loss, we will recover the latest associated data snapshot.
23.3 By using the site, you accept that we do not warrant or guarantee or in anyway protect against loss of data during periods of outage, downtime or maintenance.
23.4 In the unlikely event of us taking the site offline during periods maintenance we will provide periodic advice via our support section. However, we offer no guarantee of the the maximum time maintenance period will take.
23.5 We offer a limited support to reservie members. All support requests must be submitted as a ticket which will enter a queue. We aim to respond to a ticket with 2 working days but offer no guarantee or warranty. By using this site you accept that support tickets may be answer at any time after submission with limit. We can only offer support for reservie or associated integrations. We are not able offer support for third party websites or integrations outside the scope of reservie.
23.4 Where integrated 3rd party services require us to limit or constrain their usage, the site main prevent access or use of a service to ensure that the 3rd party requirements are adhered to. Such limits are applied on temporary basis. By using this service, you accept that we may limit you access or usage or one or more services.
23.5 By connecting and integrating the site with 3rd party service you agree to have read any understood the terms of use of the respective third party and agree to comply with the conditions therein:
Stripe - https://stripe.com/gb/checkout/legal
Paypal - https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full
Zoom - https://zoom.us/terms
23. ENTIRE AGREEMENT
These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
24. LAW AND JURISDICTION
These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.