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Terms & Conditions

THE FOLLOWING TERMS AND CONDITIONS APPLY IF YOU VISIT OUR SITE OR IF YOU MAKE A BOOKING. THEY FORM PART OF ANY AGREEMENT BETWEEN YOU AND US AND SO YOU NEED TO READ THEM BEFORE YOU TAKE ANY ACTION – WE’LL ASSUME THAT YOU HAVE. “We”, “Us" are Porta Studios Limited, Company Number 09063393, trading as Getting Gifty “Site” is www.gettinggifty.com “You” are a visitor to the Site and/or someone who wants to use our services

  1. DEFINITIONS – There are some definitions at the bottom of the page.
  2. YOUR PROMISES TO US

    You warrant and agree that:

    1. you have the right to make this Agreement with us and that you are over the age of 18 years
    2. you will have only one Account with us
    3. all of the information you give to us when you open an Account is true, accurate and complete and that you are not opening the Account for anyone else.
    4. if you follow any links we have on the Site, you will read the T&Cs on the sites we link you to.
    5. you won’t use robots, spiders, scrapers or similar things on the Site.
    6. you won’t try to get around any things we put on the Site to stop or limit access to parts of it.
    7. you won’t do anything that might cause our System to crash.
    8. you won’t steal, borrow, copy or otherwise obtain the Site or any part of it for use in any other site or application.
    9. you won’t try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any programs we use in connection with the Site or the services it offers.
    10. you won’t copy, imitate or use the trademarks and/or designs and/or layout or anything else which would usually amount to intellectual property and which we own.
    11. you will not seek to make any Booking direct either as an Experience Seeker or Experience Provider but instead you undertake to make all Bookings of any Experience offered through the Site using the Site and to pay the deposit or other payments required.
  3. INTELLECTUAL PROPERTY
    1. Either we or our affiliates own all of the information and intellectual property on the Site and which we use in the Workshops or deliver with any of the other services we offer.
    2. You don’t have the right to copy or use any of that information or intellectual property other than to use the Site, unless we give that right to you.
  4. EXPERIENCE SEEKER

    If you are an Experience Seeker the following terms apply to you:

    1. You agree:
      1. That you have the authority to make a Booking on behalf of all members of your Party
      2. That (on behalf of yourself and all those in your party) you have read, understood and accept the terms and conditions attached to any Experience
      3. That you have notified the Experience Provider before making the Booking of any circumstance which might affect the Booking or the Experience and the way in which you participate in it
      4. That if any Experience involves any element which will or might have any effect on any medical condition to which you or a member of your Party are subject you will bring that condition to the attention of the Experience Provider before making the Booking
      5. That you have considered the need for and have taken appropriate insurance to cover cancellation of the Experience if you are unable to take it up.
    2. You understand that the Experience Provider may not be a professional service provider and that the levels of service which you will receive may not equate to the highest possible standards.
  5. EXPERIENCE PROVIDER

    1. If you are an Experience Provider the following terms apply to you:
      1. You warrant that you have all authorities, permissions, licences and other requirements necessary for you to offer and operate the Experience in a lawful and proper manner.
      2. You agree to comply with the highest standards of safety and service when providing the service.
      3. You warrant that the description of the Experience which you offer is complete, truthful, decent, legal and honest and contains an accurate summary of all charges and all terms and conditions which apply to it and you agree not to impose any charges or terms and conditions on any Experience Seeker which are not shown in your Posting save for reasonable charges for refreshments.
      4. You agree to honour in full any Booking made through the Site and if circumstances arise which make it impossible to honour, you will immediately repay all monies which have been paid to you.
      5. You acknowledge and agree the payment and cancellation terms which form part of these T&Cs.
  6. AGENCY, PAYMENT & CONTRACT
    1. We are the agent of the Experience Seeker and not of the Experience Provider and you acknowledge that we have no control over the Experience and the way it is provided.
    2. If you are an Experience Seeker, you will be asked to pay the deposit specified on the Site. That deposit is a part payment of the price of the Experience and is refundable only in the circumstances outlined in Clause 7. It also amounts to the fee we are paid for the services we offer on the Site.
    3. The balance of the price of the Experience is payable by you direct to the Experience Provider.
    4. We will not retain any information relating to your bank or credit cards.
  7. CANCELLATION
    1. By YOU
      1. You agree that, for the purposes of the agreement between us and for the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 we may confirm the terms of this agreement and the services we are providing to you by email.
      2. If you are a consumer and:
        1. unless it is to take place within the next 14 days, you may cancel a Booking at any time within the period of 14 days from the date you place your order with us and we will refund all the money you have paid us;
        2. you wish to cancel a Booking after the period of 14 days from the date you place your order with us, we will not refund the monies you have paid us.
        3. The Cancellation Policy in the Schedule applies.
      3. If you are not a consumer then you may not cancel a Booking.
    2. BY THE EXPERIENCE PROVIDER

      If the Experience Provider is unable to fulfil the Booking it will not require the Experience Seeker to make any payment and will refund any payment made by an Experience Seeker, less the deposit paid, within 14 days of cancellation.

    3. BY US

      We will honour our commitment to the Experience Seeker under these Terms and Conditions but subject to the right outlined in Clause 7.1 and as our obligation is to make the Booking and not to provide the Experience we will not refund any payment to the Experience Seeker.

  8. USE OF COMMUNICATIONS FACILITIES
    1. When using our System or any forums or chat rooms on the Site and/or any other similar system on the Site and when using Facebook, Wordpress or any other external communication system to contact us, you must do so in accordance with the following rules:
      • you must not use language that may be offensive to other Users,
      • you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
      • you must not submit Content that is pornographic in nature or which promotes any illegal or immoral behavior;
      • you must submit no Content that is intended to promote or incite violence;
      • Content must be posted, and communications with us must be made, using the English language;
      • you must not post links to other sites containing any of the above types of Content;
      • the means by which you identify yourself must not violate these T&Cs or any applicable laws;
      • except for promoting the Experience you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
      • you give us an unrestricted licence for all purposes and for the whole of the world to use the material you publish on the Site without charge and/or acknowledgement of you as the author;
      • you must not impersonate other people, particularly our employees and representatives and those of our affiliates; and
      • you must not use our System for unauthorised mass communication such as “spam” or “junk mail”.
    2. You acknowledge that we have the right to monitor, alter and delete any and all communications made to us or using our System.
    3. You acknowledge that we may retain copies of any and all communications made to us or using our System.
    4. You acknowledge that any information you send to us through our System or post on any forums or chat rooms may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us and agreed with us in advance and we have the right to reject such restrictions.
  9. PRIVACY & COOKIES

    We and you both agree that our Privacy and Cookie Policy forms part of these T&Cs. See Cookie & Privacy Policy

  10. DISCLAIMERS
    1. We can’t promise that the Site will meet your needs; that it will work properly; that it will be fit for a particular purpose and that it will not infringe the rights of others.
    2. We can’t promise that the Site will work with all systems; that it will be secure and that all information provided will be accurate.
    3. Any advice given on the Site is general in nature and may not apply to you and/or your circumstances. You agree to take all steps needed to verify that any advice we give relates to you.
    4. We take all reasonable effort to test material before placing it on the Site. In the very unlikely event of any loss, disruption or damage caused by material on the Site, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur.
    5. We are a booking agent and we do not provide any Experiences and, as far as we are allowed by law, we deny all and any liability which arises out of the Experience and your contract with the Experience Provider.
    6. The only rights you have under these T&Cs are those mentioned within them. If a right is not mentioned (unless it is a right given to you under the laws of England and Wales) then it does not exist.
  11. PROBLEMS/COMPLAINTS
    1. We do our very best to make sure that you do not experience any problems when using the services we offer but if you do, you must tell us straight away.
    2. We will do what we can to resolve the problem as quickly as we can and without charge to you if we agree that you have a problem.
    3. We make no warranty that you will achieve a particular outcome in respect of any problem and you understand and agree that these Terms and Conditions set out the sanctions we can apply in relation to any problem.
  12. AVAILABILITY OF THE SITE
    1. We never guarantee that the Site will be available all the time and if it’s not available for any reason you can’t hold us responsible for anything you lose as a result.
    2. We have the right to change the Site and the services it offers, suspend it or stop it at any time.
  13. LIMITATION OF LIABILITY
    1. As far as we are allowed by law, we deny liability for any losses of all kinds which you incur from visiting the Site and from using the services we offer and from attending an Experience. You use the Site at your own risk.
    2. We do not accept any liability if you are using the services we supply for commercial purposes.
    3. Nothing in these T&Cs excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
  14. LINKS TO OTHER WEBSITES
    1. We don’t control any of the websites we link to and so we can’t be responsible for the content of such websites and disclaim liability for any losses which come out of you using them.
    2. Just because we link to a site does not mean that we endorse or recommend that site.
    3. We can never guarantee that a link will work.
    4. If you find any link we offer to be offensive, please let us know and we will consider removing it.
    5. If you link to any other site using our Site then you understand that separate conditions will apply to those sites and that we have no control over those conditions – so you agree that you will read and understand them before using those sites.
  15. MODIFICATIONS TO THESE TERMS AND CONDITIONS & THE SITE
    1. These T&Cs will change from time to time and we don’t have the resources to let all our visitors know about the changes. As a result you MUST come back to this page to make sure that we haven’t changed the T&Cs and whenever you access the Site, you are confirming to us that you are aware of any changes.
    2. We also have the right to change the Site as and when we want to, but these T&Cs will still apply to any changes we make.
  16. GENERAL MATTERS
    1. Operative Law – these T&Cs are made under the laws of England and Wales and that is the only jurisdiction which can govern it.
    2. Partnership/Joint Ventures – we and you agree that these T&Cs and any agreement subject to them do not form the basis of any partnership or co-venture.
    3. Effect of Agreement – these T&Cs supersede any previous agreement between the parties in relation to the matters dealt with in them and represents the entire understanding between the parties.
    4. Time of the Essence – time will not be of the essence in any part of these T&Cs and any agreement which is subject to them.
    5. Warranties – all parties acknowledge and agree that they have not entered into an agreement with us in reliance on anything said or promised by the other which is not in these T&Cs.
    6. Force Majeure – if something outside our control happens and that prevents us from performing our services then you accept that we are not liable for the consequences of that failure (this includes such things as strikes, riots, fires, explosions, war, floods and so on). If such an event does happen we will tell you as soon as we are able and resume the service as soon as we can. If we cannot perform the service within a reasonable time, we can cancel it and if we do we will refund to you a fair and reasonable proportion of any payment you have made to us.
    7. Unenforceability – if a Court or other body says that any part of these T&Cs is unenforceable, the rest of them will stand.
    8. Notices – if either you or we need to give formal notice to the other it must be done by email to the address that each of us gives to the other from time to time.
    9. Entire Agreement – these T&Cs contain the entire understanding between us.

THE SCHEDULE DEFINITIONS

Account means, collectively, the personal/identifying information and credentials used by Users to access the services on the Site.
Booking means any booking or reservation of an Experience through the Site.
Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Site.
Experience means any event, attraction, function or other service offered by an Experience Provider through the Site.
Experience Provider means the person, firm or company offering an Experience through the Site.
Experience Seeker means the person, firm or company undertaking an Experience.
Party means you and all the persons on whose behalf you are making a Booking.
Posting means the posting on the Site which contains details of an Experience
System means the communications system or systems we use in connection with the Site.
T&Cs means these terms and conditions.
User means any person, firm or company using the Site for any purpose.

CANCELLATION POLICY

INFORMATION ABOUT THE EXERCISE OF THE RIGHT TO CANCEL THIS CONTRACT. THIS RIGHT APPLIES ONLY IF YOU ARE A CONSUMER.

RIGHT TO CANCEL

Unless the booked experience is to take place within the next 14 days, you may have the right to cancel this contract within 14 days of booking without giving any reason.

The 14-day booking period will start on the day you make a booking with us.

CANCELLATION

To exercise the right you must tell us by post or email. The address you should use is: Cancellation Experience Form

To meet the cancellation deadline you must tell us before the end of the 14-day period and before 14 days of the start of the booked experience.

EFFECT OF CANCELLATION

If you cancel this contract within the above mentioned timeframes, we will repay you all payments you have made to us. We will repay you within 14 days of you telling us that you want to cancel.