These Terms and Conditions (“Terms”) apply to your use of the platform of websites and online services (the “Platform”) provided by HedonX Limited (“HedonX,” “we,” or “us”). Our Platform includes this website, any social media platforms and any mobile app of HedonX Limited.
If you have any questions about these Terms or our Platforms, please contact us at hedonx@hedonx.com. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.
- ELIGIBILITY
If you are under 18 years of age (or the age of legal majority where you live), you should stop using this platform immediately. You agree to be fully responsible for your acts or omissions, including any breach of these Terms, and for determining the suitability of the Platforms for such user.
- USER ACCOUNTS
(a) If you register for an account to use our Platforms or in an application to become a member, you must provide accurate account information and ensure that you maintain the accuracy of this information at all times. You also must maintain the security of your account (including by logging out of your account at the end of each session), and promptly notify us if you discover or suspect that someone has accessed your account or your account credentials without your permission. If you permit others to use your account, you are responsible for the activities of those users. We reserve the right to reclaim usernames for any reason, including on behalf of others or individuals that hold trademark rights or other legal claims in those usernames.
(b) HedonX at any time and for any reason, in its sole discretion and without any liability to you or any third-party, may suspend or terminate your account or use of or access to the Platforms (or any portion thereof).
- MEMBER PAYMENT
(a) Payment. Prices for our membership are subject to change at any time, but changes will not affect any purchase you have already placed except that for auto-renewing memberships; price changes will take effect when indicated in our email notice to you.
(b) Taxes. To the fullest extent permitted by applicable law, you are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase through our Platforms.
(c) Payment Method. Only valid payment methods acceptable to us may be used to complete a purchase via the Platforms. You represent and warrant that you are authorised to use your designated payment method. You authorise us to charge your designated payment method for the total amount of your purchase (including any applicable taxes and handling charges). If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts.
(d) Errors. In the event of an error, we reserve the right to correct the error and revise your purchase accordingly (which includes charging the correct price) or to cancel the purchase and refund any amount charged.
(e) No Refunds. Except to the extent refunds are required by law, payments are non-refundable and there are no refunds. However, we may, in our sole discretion, provide a refund or discount in certain cases.
(f) Deposit. Members will be required to give a credit/debit card authorisation at check-in as per venue policy for any incidentals that may be incurred during stay. Any such authorisation or deposit shall be cancelled or returned at the end of the stay, minus any potential additional charges, on top of the event’s packages purchased. Amount of deposit may vary according to venue policy.
- USER CONTENT AND PARTNER CONTENT
(a) Our Platforms may allow you and other users to post or otherwise submit comments, messages, photos, ratings, and other materials (collectively, “User Content”) on the Platforms. You grant HedonX a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content for any purpose and in all media formats and channels now known or later developed without compensation to you for any purpose. For purposes of clarity only, distribution of your User Content by HedonX via the Platforms (or otherwise) may be to all of: (i) HedonX owned and/or HedonX-operated properties and/or entities, or (ii) third-party properties and/or entities that are distribution partners of HedonX via the Platform or other agreement. Except for the license you grant above, you retain all rights in and to your User Content, as between you and HedonX. HedonX partners with third parties to organise events and such partners may post content on the website as well (“Partner Content”). We are not responsible for Third-Party Content. Your interactions with or correspondence with the providers of Third-Party Content and your use of or interaction with any Third-Party Content are solely between you and the Third-Party providing it. HedonX does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
(b) You may not create, post, store or share any User Content that violates these Terms. You are solely responsible for your User Content. You represent and warrant that your User Content, and our use thereof as permitted by these Terms, will not violate any rights of or cause injury to any person or entity and that you have all rights necessary to grant us the license above. Although we have no obligation to screen, edit or monitor User Content, we may elect not to publish, to delete, or to remove User Content at any time and for any reason with or without notice. Your decision to submit User Content to the Platform is voluntary, and at your discretion.
(c) HedonX may preserve and store User Content (including, for a commercially reasonable time, User Content you have removed from the Platform), and may disclose such content if required to do so by law or if HedonX believes in good faith that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any User Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of HedonX, its Partners, its users and the public.
- USER CONDUCT AND CONTENT
(a) Subject to your compliance with these Terms, you may use the Platforms only for your own personal, non-commercial use (except as specifically pre-approved in writing by HedonX for commercial use). Any use of the Platforms other than as specifically authorised herein, without our prior written permission, is strictly prohibited.
(b) You will not violate any applicable law, contract, intellectual property right or other Third-Party right or commit a tort in connection with your use of our Platforms, and you are solely responsible for your conduct while using our Platforms. Further, you will not:
(i) Engage in any harassing, threatening, intimidating, predatory, discriminatory or stalking conduct;
(ii) Use or attempt to use another user’s account without authorisation from that user and HedonX;
(iii) Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
(iv) Make the Platforms available to any Third-Party (via a services arrangement, service bureau, lease, sale, resale, or otherwise);
(v) Use our Platforms to build a competitive product or service;
(vi) Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Platforms, except as expressly permitted by us or our licensors;
(vii) Modify our Platforms, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Platforms;
(viii) Use our Platforms other than for its intended purpose or in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Platforms or that could damage, disable, overburden or impair the functioning of our Platforms in any manner;
(ix) Reverse engineer any aspect of our Platforms or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Platforms;
(x) Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Platforms, including any application that reads areas of RAM used by the Platforms to store information;
(xi) Bypass or ignore instructions contained in our robots.txt file;
(xii) Circumvent safeguards we implement or usage limitations or attempt to gain unauthorised access to our Platforms or other user accounts;
(xiii)Develop or use any applications that interact with our Platforms without our prior written authorisation;
(xiv) Send, distribute or post spam, unsolicited or bulk solicitations or advertisements, including via chain letters or pyramid schemes;
(xv) Solicit or otherwise attempt to collect personal information or passwords from other users; or
(xvi) Use our Platforms (including data, intellectual property, brand or API) for any illegal or unauthorised purpose, or engage in, encourage or promote any activity that violates these Terms.
(c) You may not create, post, store or share any User Content that:
(i) Is confidential or that you do not have all necessary rights to disclose;
(ii) Contains or depicts violence or is otherwise unlawful, libellous, defamatory, obscene, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
(iii) Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, national or international law;
(iv) May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
(v) Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
(vi) Contains any unsolicited promotions (such as “spam”), political campaigning, advertising or solicitations;
(vii) Contains advertisements or promotions, including to solicit interest in a contest, sweepstake or other promotion;
(viii) Contains any private or personal information of a third party without such third party’s consent;
(ix) Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content;
(x) Is content written primarily in a language other than the one present on the website, except in instances where such content is written in the same primary language as the website in which it appears; (e.g., User Content written in Spanish on a Spanish-language website published by HedonX);
(xi) In our sole judgment, is of poor quality, is objectionable, restricts or inhibits any other person from using or enjoying our Platforms, or may expose HedonX or others to any harm or liability of any type.
- OWNERSHIP
The Platforms, including all content contained therein, including Partner Content and User Content, text, graphics, images, photographs, audio, videos, illustrations, themes, objects, stories, concepts, artwork, and other content contained therein, are owned by HedonX or our licensors and are protected under both United Kingdom and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Platform are reserved by us or our licensors.
- FEEDBACK
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about HedonX or our Platforms (collectively, “Feedback”). You grant us a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, create derivative works of, sell and otherwise exploit Feedback (or any product or service created based upon such Feedback) for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- TRADEMARKS
“HedonX” and other brands on the website and our other names, logos, our product or service names, our slogans are trademarks that are owned or licensed by HedonX and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Platform are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
- MODIFYING AND TERMINATING OUR PLATFORMS
We reserve the right to modify our Platforms or to suspend or stop providing all or portions of our Platform at any time. You also have the right to stop using our Platforms at any time. We are not responsible for any loss or harm related to your inability to access or use our Platforms at any time.
- INDEMNIFICATION
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless HedonX, and our respective officers, directors, agents, service providers and employees (individually and collectively, the “HedonX Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Platforms; (b) User Content or Feedback; or (c) your violation of these Terms. You agree to promptly notify HedonX of any third-party Claims, cooperate with the applicable HedonX Parties in defending against such Claims and pay all fees, costs and expenses associated with defending such Claims (including solicitors’ fees). You also agree that the HedonX Parties will have control of the defense or settlement, at HedonX’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in any other agreement between you and HedonX or the other HedonX Parties.
- DISCLAIMERS; ASSUMPTION OF RISK
Your use of our Platforms is at your sole risk. Except as otherwise provided in a writing by us, our Platforms and any content therein (including any Third-Party Content) are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, HedonX does not represent or warrant that our Platforms will be available, accurate, complete, reliable, current or error-free. You assume the entire risk as to the quality and performance of the Platform.
- LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law:
(a) HedonX and the other HedonX Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if HedonX or the other HedonX Parties have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
(b) The total liability of HedonX and the other HedonX Parties for any claim arising out of or relating to these Terms or our Platforms, regardless of the form of the action, is limited to the greater of £200 or the amount paid by you to become a member.
- RELEASE
To the fullest extent permitted by applicable law, you release HedonX and the other HedonX Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
- DISPUTE RESOLUTION; BINDING ARBITRATION
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with HedonX and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision.
Arbitration of Disputes. Except for small claims disputes in which you or HedonX seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or HedonX seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, to the fullest extent permitted by applicable law, you and HedonX waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Platforms (collectively, “Disputes”), including claims related to privacy and data security or our privacy policy, resolved in court. Instead, for any Dispute that you have against HedonX, you agree to first contact HedonX and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to HedonX by email at hedonx@hedonx.com or by certified mail addressed to HedonX Limited, Devonshire House, 582 Honeypot Lane, Stanmore HA7 1JS, United Kingdom. The Notice must include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and HedonX cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by LCIA (London Court of International Arbitration) or, under the limited circumstances set forth above, in court. All Disputes submitted to LCIA will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in the City of London. You and HedonX agree that Disputes will be held in accordance with the LCIA Streamlined Arbitration Rules and Procedures.
- GOVERNING LAW AND VENUE
Any dispute arising from these Terms and your use of the Platforms will be governed by and construed and enforced in accordance with the laws of England. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the courts in England.
- MODIFYING THESE TERMS
We may make changes to these Terms from time to time. If we make material changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Platforms or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Platforms after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Platforms.
- MISCELLANEOUS
(a) These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties.
(b) The failure of HedonX to exercise or enforce any right or provision of these Terms will not operate as a waiver of that right or provision.
(c) If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
(d) The section titles in these Terms are for convenience only and have no legal or contractual effect. Any references to “including” will be deemed to mean “including without limitation.”
(e) Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
(f) Without limiting any provision of this Agreement, HedonX will not be liable for any delay or failure of the Platforms to the extent caused by circumstances beyond its reasonable control.
(g) You agree that communications and transactions between you and us may be conducted electronically.
LAST UPDATED: 03 March 2021