Booking terms

 

Last updated on 10th November 2021

 

Online Bookings

Please print these terms for future reference.

Your attention is particularly drawn to the liability limitations in clause 12.

1. About us

1.1  Social Jooce Limited (company number 11179779) (we and us) is a company registered in England with its registered office at 4 Coleman Street, 6th Floor, London, England, EC2R 5AR.  We operate the website https://www.socialjooce.com.   

1.2  To contact us, please complete the contact form on our website at https://www.socialjooce.com/contact. How to give us formal notice of any matter under the Contract is set out in clause 16.2.

2. Our contract with you

2.1  These terms and conditions (the Terms) apply to the booking request by you and supply of Services by us to you (the Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.2  The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

2.3  These Terms and the Contract are made only in the English language.

3.  Making a booking request

3.1  Please follow the relevant links on our website https://www.socialjooce.com to make a booking request.  Each booking request is an offer by you to buy the services specified in the booking (the Services) subject to these Terms.

3.2  Please check the booking details carefully before confirming it. You are responsible for ensuring that your booking request and your accompanying details are complete and accurate.

3.3  After you place your booking request, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your request has been accepted. Our acceptance of your order will take place as described in clause 3.4.

3.4  Our acceptance of your booking request takes place when we send an email to you to accept it (a Booking Confirmation), at which point and on which date the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Booking Confirmation.

3.5  If we are unable to supply you with the Services for any reason, we will inform you of this by email.  If you have already paid for the Services, we will refund you the full amount.

4.  Booking cancellations

4.1  If we need to cancel your booked session for any reason we will notify you by e-mail and offer you a date for an alternative session or a full refund.

4.2  If you need to cancel your booked session for any reason then you should notify us by e-mail at sarah@socialjooce.com. We do not offer refunds for cancelled sessions, unless we have cancelled the session ourselves. If you need to change the date of your session then we can arrange this on payment by you of an administration fee of £25.00.

5.  Our services

5.1  We warrant to you that the Services will be provided using reasonable care and skill.

5.2  We will use all reasonable endeavours to meet any performance dates specified in the Booking Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.

6.  Your obligations

6.1  It is your responsibility to ensure that: (a) the information provided with your booking is accurate; (b) you cooperate with us in all matters relating to the Services; and (c) you provide us with such additional information we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects.

6.2  If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 6.1 (Your Default):

(a)  we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Contract under clause 14;

(b)  we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and

(c)  it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.

7.  Charges

7.1  In consideration of us providing the Services you must pay our charges (the Charges) in accordance with this clause 7.

7.2  The Charges are the prices quoted on our website at the time you submit your booking request.

7.3  If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Charges accordingly, but we may charge an additional administration fee of £25.00.

7.4  Our Charges may change from time to time, but changes will not affect any booking request you have already placed.

7.5  We are not currently registered for VAT. In the event that we are required to register VAT and add VAT to our Charges, then any Charges on our website will be exclusive of VAT unless stated otherwise.

7.6  It is always possible that, despite our reasonable efforts, some of the Services on our website may be incorrectly priced. In this circumstance we will contact you by e-mail as soon as possible to inform you of this error and outline your options. If we are unable to contact you, we will treat the booking request as cancelled. However, if we mistakenly accept and process your booking request where a pricing error could reasonably have been recognised by you as a mispricing, we may cancel supply of the Services and refund you any sums you have paid.

8.  How to pay

8.1  Payment for the Services is in advance. We will take your payment upon acceptance of your booking request. Your booking request will not be confirmed until payment has been made in full.

8.2  You can pay for the Services using the methods accepted from time to time by our relevant payment service provider, as outlined in your booking process (generally debit or credit card, PayPal, Stripe or Apple Pay).

8.3  We will send you an electronic invoice within seven days of the beginning of the month following payment.

9.  Complaints

9.1   If a problem arises or you are dissatisfied with the Services, please contact us by e-mail at sarah@socialjooce.com.

10.  Intellectual property rights

10.1   All intellectual property rights in or arising out of or in connection with the Services will be owned by us. 

11.  How we may use your information

11.1   We note that our services are only available to business customers and that it is not intended that we will receive any significant personal data as part of the booking process or the delivery of the Services.  We will use any information you provide to us to:

(a)  provide the Services; 

(b)  process your payment for the Services; and

(c)  inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.

11.2  We will process any personal data that we do receive in accordance with our privacy policy available on our website at https://www.socialjooce.com/privacy-policy, the terms of which are incorporated into this Contract.

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE 12.

12.  Limitation of liability

12.1  We have obtained insurance cover in respect of our own legal liability for individual claims not exceeding £1,000,000.00 per claim. The limits and exclusions in this clause reflect the insurance cover we have been able to arrange and you are responsible for making your own arrangements for the insurance of any excess loss.

12.2  Nothing in this agreement limits any liability which cannot legally be limited, including but not limited to liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation and breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

12.3  Subject to clause 12.2, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for any loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill and/or indirect or consequential loss.

12.4  Subject to clause 12.2, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the Charges paid under the Contract.

12.5  Unless you notify us that you intend to make a claim in respect of an event within the period of 6 months from the day on which you became, or ought reasonably to have become, aware of the event having occurred, we shall have no liability for that event. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

12.6  This clause 12 will survive termination of the Contract.

 

13.  Confidentiality

13.1  We each undertake that we will not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by clause 13.2.

13.2  We each may disclose the other's confidential information:

(a)  to such of our respective employees, officers, representatives, subcontractors, bankers or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract, subject to the relevant recipients agreeing to comply with this clause 13; and

(b)  as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

13.3  Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract. 

14.  Termination

14.1  Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if you fail to pay any amount due under the Contract on the due date for payment.

14.2  Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

15.  Events outside our control

15.1  We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control). 

15.2  If an Event Outside Our Control takes place that affects the performance of our obligations under the Contractwe will contact you as soon as reasonably possible to notify you.  When this happens our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.

15.3  You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 60 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.

16.  Communications between us

16.1  When we refer to "in writing" in these Terms, this includes email.

16.2  Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.

16.3  A notice or other communication is deemed to have been received: 

(a)  if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address; 

(b)  if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or

(c)  if sent by email, at 9.00 am the next working day after transmission.

16.4   In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. 

16.5  The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

17.  General

17.1  We may assign or transfer our rights and obligations under the Contract to another entity.  You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

17.2  Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

17.3  If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

17.4  Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

17.5  The Contract is between you and us. No other person has any rights to enforce any of its terms. 

17.6   The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.