Date of last revision: 29-07-2020
1.1 We appreciate your use of the service provided by us (the “Team Building Experiences (TBE) Platform”). Please read these terms (the “Terms”) carefully as they govern your use of the TBE Platform.
1.3 We may vary the Terms from time to time and shall post such alterations on the Website. If you do not agree to the changes made to the Terms, then you have the right to stop using the TBE Platform, and should do so immediately. Your continued use of the TBE Platform after the date the changes have been posted will constitute acceptance of the amended Terms.
1.4 To register for a partners account, you must be at least 18 years of age.
1.5 You may register for a partners account with our Website by completing and submitting the ‘list with us’ form on our Website.
1.6 We may require a minimum of two work references and an interview with us before you will be accepted to be registered on our Website.
1.7 You warrant that you hold all necessary authorisation, licences and liability insurance required to provide event services which you offer through the Website and warrant that all information you provide whether on the Website or direct to customers will be true and fair and not misleading.
2.1 Where we refer to “you” or the “Partner” in these Terms, we mean you, any company you work for and any person or entity that accesses or uses the TBE Platform or does work for a Client on your behalf.
2.2 The term “we” means Shizzoo Limited, the owner and operator of the TBE Platform, (also referred to in these Terms as “we”, “us”, “our” “Team Building Experiences” or “TBE”) whose registered office is at Unit 6, Deanes Close, Steventon, OX13 6SZ and whose company registration number is 11489296.
2.3 These Terms make use of the following definitions:
“Client” means the person or entity which wishes to engage you to provide your services and is referred to you by us.
“Commission” means the sum which we take as a commission payment for the referral of a Client.
An “Event” means the event for which the Client wishes to book event services.
The “TBE Platform” consists of the Website and the content and services we make available through them.
The TBE Platform is designed to enable Clients to submit to us requests for event services (“Requests for Services”) and to receive responses from suitable Partners who are able to provide those services. Such services include but are not limited to events, activities or experiences.
3) The booking process
3.1 The TBE Platform acts as a marketplace where clients who are seeking event services can receive quotes for their events from suitable partners.
3.2 You will be informed by your designated email address for ‘Requests for Services’ which we believe may be suitable for you, and give you the opportunity to quote for providing those services.
3.3 We are not obligated to send you any ‘Requests for Services’ and you are not obligated to provide quotes for any services requested. However, we do ask all our Partners to respond to us promptly on receipt of a Request for Services (preferably within 24 hours, and no later than 48 hours from receiving the ‘Request for Services’) confirming whether you wish to quote or decline the opportunity. This enables us to offer the work to an alternative Partner if you decline to quote, and ensures that we are able to meet our customer service aims.
3.4 Part of your quote will be to provide us with a fixed services fee for the event services that the client has requested (the “Service Fee” or “Services Fee”) this fee will be your usual retail price that you would charge the client if they came to you direct. If at any time you need to change the Services Fee following communication with the Client, you must inform us as soon as possible. We will deduct our pre arranged Commission from the amount of your Services Fee, and the fee which is shown to the Client will be the sum of your Services Fee plus any mark up that we need to add to meet our minimum experience fee which will be the “Total Client Fee”.
3.5 Where applicable (e.g. if you are a VAT registered entity), your fee quote or quote per head must include VAT, and you must ensure that your account details are reflective of your VAT status. Any quotes submitted must be gross of VAT where applicable.
3.6 All fees to be paid by the Client will be taken by Team Building Experiences before the date at which the event occurs. We will hold your Services Fee until the Event has taken place and deliver your Services Fee to you within the following 1-2 business days. You agree that we are entitled to deduct our Commission from the Total Fee received from the Client before sending you the balance, being your Services Fee.
3.7 You agree to the following cancellation policy which will apply. In such a case, we will refund to the Client the relevant amount of the Booking Fee on your behalf, depending on how close to the date of the Event the cancellation is made, as follows:
(a) If a Client cancels a Booking more than 28 days before the Event Date, the event will be cancelled and no service fee will apply.
(b) If a Client cancels a Booking less than 28 days before the Event Date, you will receive 100% of your services fee and no refund will be made to the Client.
3.8 In the event of a cancellation in accordance with the above policy, we will send you the balance of the Services Fee (less the relevant refund) within 28 days of the cancellation being made.
3.9 On extremely rare occasions, a booking may be cancelled due to a “Force Majeure Event”. A Force Majeure Event is a cancellation for reasons beyond either party’s reasonable control including (but not limited to); extreme weather conditions, government actions, war, terrorism, riots, strikes, epidemics or pandemics, and acts of God. Where a Force Majeure Event has taken place, the cancellation policy above no longer applies and we will not be liable for your service fee and the cancellation terms are null and void. Subject to the other provisions of this clause, neither party shall be in breach of this agreement nor liable for failure to deliver services or for a delay in services for its obligations under this agreement if and to the extent that such delay or non-delivery is due to a Force Majeure Event.
3.10 Please note that for cancellations related to COVID-19, our cancellations policy set out above in clause 3.7 applies and COVID-19 is not classed as a Force Majeure event. A government action that has been in response to covid-19 would be classed as a force majeure event.
3.11 The Service Fee will be calculated as a proportion of the total fees paid for by the Client and collected by TBE at the cancellation date, reflecting amounts paid so far.
3.12 If a Client wishes to make a change to a booking, we will inform you of the change requested. If the change is significant, we may consider it a cancellation of the original booking and the above cancellation policies will then apply. Each case will be judged on its own merits at our discretion.
3.13 In the event you are unable to provide the event services which have been agreed in the booking, you must inform us as soon as possible. We will refund the Client the entire amount of your Services Fee and you may be liable for any additional claims which the Client may bring as a result
3.14 You should not receive any payments from Clients except through the TBE Platform. If you receive any payments direct from a Client (other than a tip), you should inform us as soon as possible, and you will be required to pay our Commission on any such payment received.
4) Your compliance with these Terms
4.1 You understand that we might make enquiries with any Client to ensure that you are complying with your obligations under the Terms.
4.2 If you wish to cancel your registration with Team Building Experiences, you can do so at any time by sending an email to firstname.lastname@example.org requesting removal from our database
4.3 We have the right to remove any Partner from our database, if we receive complaints about that Partner, or for any other reason at our entire discretion.
(a) By engaging with the TBE platform in order to provide services for events booked by Clients, you agree that you will not complete any bookings off the platform that have originated on the platform.
(b) This is against our terms and partners who do so may be banned from using TBE in future. Furthermore, TBE will be due our commission and booking fee on any amounts transacted between you and the Client
5.2 You must not request, solicit or accept payments outside of the Platform from Clients and agree to direct Clients attempting to pay outside of the platform back to the TBE platform so that the total fee, or any other fee, can be collected.
5.3 Any attempts to circumvent the platform may result in your immediate expulsion from the platform and you may be banned from using it in future.
5.4 Any attempts to circumvent the platform may also result in the expulsion of the Client in question from the platform, and they too may be banned from using it in future.
5.5 Team Building Experiences cannot guarantee the quality of any event not completing transactions through the platform and may not be held liable for any agreements or services outside of the platform.
6.1 You understand and agree that we may contact any Client to ask for a review of the services you have provided and that we may use such review for any purpose, including providing such review to prospective Clients and/or posting such review to the Website.
6.2 You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, such reviews is our property, and nothing in the Terms shall be taken to transfer any such intellectual property to you. In particular, you may not use all or any part of a review for any purpose outside of the TBE Platform without our written permission.
7.1 We are not obligated to make available the TBE Platform services to you and we reserve the right to remove you from the TBE Platform at any time and for any reason at our discretion.
7.2 We make no warranty that the TBE Platform will provide an uninterrupted service or be error free, or that any defects will be corrected. While we take steps to prevent misuse of our systems, we cannot warrant that the TBE Platform will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-malware software to protect your equipment and data.
7.3 We make no warranty as to the Clients we refer to you and are not liable for any loss or damage you may incur as a result of an introduction to a Client.
7.4 TBE acts as an introducing agent and is not a party to any contract made between you and the Client. You will be responsible for all legal and regulatory requirements relevant to your contract with your Client.
7.5 You agree to fully comply with UK VAT rules and that where applicable, provide up to date information with regard to VAT registration. You also agree that we may use this information to prepare VAT invoices on behalf of the supplier.
7.6 You agree to fully comply with UK health, safety & hygiene rules and regulations and that where applicable, provide up to date information & documentation with regards to this.
7.7 We reserve the right to at any time and without notice to change the Commission and Service Fee as outlined in the Commission Schedule sent via email.
8) Limitation of Liability
8.1 Nothing in the Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
8.2 If you are dissatisfied with the TBE Platform, or the Terms, your remedy under the Terms shall be to discontinue your use of the TBE Platform.
8.3 Other than as set out above, we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with the Terms or your use of the TBE Platform.
8.4 Except as expressly set out in the Terms, all conditions, warranties and obligations which may be implied or incorporated into the Terms by statute, common law, or otherwise and any liabilities arising from them are expressly excluded to the extent permitted by law.
8.5 We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, or any other economic loss.
8.6 In the event that any limitation or exclusion of liability in the Terms is not enforceable, then we shall be liable to you for a sum greater than the amount of our Commission payable in respect of the matter in question.
8.7 We shall not be liable for any losses suffered as a result of non-compliance of UK VAT rules by you, and you agree to indemnify us against this.
8.8 We shall not be liable for any losses suffered as a result of non-compliance of UK health, safety and hygiene rules and regulations by you, and you agree to indemnify us against this.
9) Intellectual Property Rights
9.1 You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the TBE Platform (the “Intellectual Property“), including the manner in which Team Building Experiences is presented or appears and all information and documentation relating to it, is our property (or that of our licensors), and nothing in the Terms shall be taken to transfer any of any Intellectual Property to you.
10) General Terms
10.1 If any of the Terms are held to be illegal or unenforceable, such provisions shall be severed and the rest of the Terms shall remain in full force and effect.
10.2 The Terms constitute the entire agreement and replace any previous agreement or understanding (whether oral or written, express or implied) between us in respect of the matters contained or referred to in the Terms. Each of us agree that, in entering the Terms, we have not relied on and have no remedy in respect of, any representation, warranty or other provision (oral or written, express or implied) of any person which is not expressly set out in the Terms. The only remedy available in respect of any misrepresentation or untrue statement shall be a claim for breach of contract under the Terms. This paragraph does not operate to limit or exclude any liability arising from any fraudulent or dishonest statement, act or omission.
10.3 We reserve the right at all times to edit, refuse to post, or to remove from the TBE Platform any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body.
10.4 You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
10.4 A person who is not a party to the Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in the Terms.
10.5 No waiver by either of us shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.
10.6 The Terms shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.