1.1 Please note to use the Service Users must accept these Terms which should be read carefully prior to using the Service. These Terms represent a binding contract between "Couples Classes NYC"t and the User. If the User does not wish to be bound by these Terms, the User should not accept these Terms.
2.1 In this Agreement the following terms shall unless the context otherwise requires have the following meaning:
means information, software, photographs, video, graphics, music, sound and other material that appears on the Website or are made available through the Service
means the offering of activities for booking, entertainment, advertisements, Tickets for sale and information by means of the Website and/or SMS
"Intellectual Property Rights"
means throughout the world all copyrights, database rights, trade marks, trade names, patents and other intellectual property rights created, developed and already in existence
means a page of the Website
means a ticket purchased via the Website to allow a User entry into an Event
means these terms and conditions
means the individual or corporate entity (including any sole trader, partnership, limited company or other organisation or person) that has registered (either itself or by means of a duly authorised officer, agent or other representative) with "Couples Classes NYC" by means of the registration screen on the Website or that uses the Website and/or Service, and shall include any Venue, Promoter and/or Rep
means the User's own computer equipment, telecommunications dial-up connection, software, any telecommunication services and communications lines (including any public lines) required by the User properly to access and use the Service
means the website with URL https://couplesclassesnyc.com or such other URL or URLs we may in its sole discretion from time to time decide by means of which we may provide the Service
A specified event on a specified date for which Tickets are sold by a Promoter via the Website
Person(s) signing up to DesignMyNight in order to use extended features to advertise a specific venue for which booking may be made
Person(s) signing up to "Couples Classes NYC" in order to use extended features to advertise and/or sell vouchers and Tickets online for an Event
2.2 Words denoting the singular number only shall include the plural and vice versa. Words denoting any gender shall denote all genders and words denoting persons shall include individuals and corporate entities.
- COMMENCEMENT OF TERMS’ APPLICABILITY
These Terms shall be effective from the time that the User first registers to use the Website and/or uses the Service. These Terms and shall remain in force until or unless terminated in accordance with these Terms.
- VARIATION OF TERMS
"Couples Classes NYC" may vary these Terms at any time. Such variations shall become effective immediately upon the posting of the modified Terms on the Website or notification to the User, as "Couples Classes NYC" shall decide. By continuing to use the Service following any such variation the User shall be deemed to accept such variation.
- USE OF THE SERVICE BY THE USER
5.1. The User shall be responsible for obtaining and maintaining the User's Equipment. "Couples Classes NYC" has no responsibility or liability with respect to the User's Equipment.
5.2. The User shall ensure at all times that its use of any part of the Service, including connection of the User's Equipment to the Server, is in accordance with all applicable data protection and other laws, licences, codes of practice and regulations.
5.3. The Service shall only be used by the User or a duly authorised officer, agent or other representative of the User, and not by any third party.
5.4. The User shall not permit anyone else to copy, store, modify, transmit, distribute, broadcast any part of the Content except where it is necessary to do so to enable the User to use the Service in accordance with these Terms.
5.5. "Couples Classes NYC" at its sole discretion reserves the right to refuse to accept a User's registration or to limit a User's access to the whole or any part of the Service at any time.
5.6 The User agrees that the Promoter and Venue will get access to your name and email address as attendees of an event or booking. This does not give them the permission to market to you unless explicitly stated.
5.7 The User agrees that "Couples Classes NYC" is able to use any video footage or photography obtained of them when recording a "Couples Classes NYC" promotional video or picture.
- TICKET SALES
The User acknowledges and agrees that:
6.1 D"Couples Classes NYC" is the agent of the Promoter of the Event to conclude Ticket transactions between the User and the CustomerPromoter on payment of the relevant Ticketing fee.;
6.2 where the User wishes to make a booking at a Venue for which the payment of a deposit is required, "Couples Classes NYC" is the agent of the Venue to conclude such bookings between the User and the Venue on payment of the relevant deposit sums;
6.3 receipt of the correct Ticketing fee or deposit sums by "Couples Classes NYC" as agent on behalf of the Promoter or Venue from the User shall discharge the User's debt to that Promoter or Venue; and
6.4 "Couples Classes NYC" does not act as agent of any Users who are not Promoters or Venues.
6.5 When attending ticketed events bought through "Couples Classes NYC" or when making a booking through our website, you agree that any film or photography captured of you at the event/venue can be used for promotional purposes only.
6a. NORMAL PAY TICKET SALES
6a.1. Tickets for Events, or bookings for Venues sold through "Couples Classes NYC" normal pay method, will be processed through our own online merchant and bank account. Transactions of this nature are covered by this clause 6a.
6a.2. Refunds for bookings at Venues: any refund for a booking at a Venue will be governed by the Venue’s refund policy acting in its sole discretion, and it is the User’s responsibility to check the Venue’s policy prior to making the booking. "Couples Classes NYC" has no control over the Venue’s refund policy.
6a.3. Refunds for Tickets and Events prior to the Event: The User may sometimes apply for a refund prior to the Event in question provided that Tickets for the Event remain on sale, although this is at the complete discretion of the Event’s Promoter as legally they are not required to refund a Ticket for an Event where the User has changed its mind about attending. It is the User's responsibility to check the relevant Event policy with the Promoter prior to purchasing the Ticket by clicking on any relevant link to terms and conditions.
6a.4. Refunds where an Event is cancelled: Should an Event be cancelled, the Promoter of the Event will take full responsibility for the refund, inform the User prior to such cancellation and the User will be entitled to a refund subject to clause 6a.5 below.
6a.5 Where a refund is to be granted by the Promoter or Venue (as applicable) in accordance with clauses 6a.2, 6a.3 or 6a.4 above, and "Couples Classes NYC" has not been required to pass on, or has not in fact transferred the relevant User’s monies to the Promoter or Venue (as applicable), "Couples Classes NYC" shall endeavour to refund the relevant User’s monies as soon as possible and in any event within 30 days. If, however, the User’s monies have been passed on to the Promoter or Venue (as applicable), then we shall have no obligation to refund the User’s monies and the Promoter or Venue (as applicable) hereby expressly undertakes to refund the User directly in accordance with its terms and conditions. To facilitate this, DesignMyNight shall pass to the User all contact information relating to the Promoter or Venue (as applicable) necessary for the User to obtain a refund directly from the Promoter or Venue (as applicable). Any transaction handling fees that apply to the purchase of Tickets or bookings at Venues will only be refunded where the delivery or handling service has not already been carried out.
6a.6 Any refunds requested by the User are the responsibility and discretion of the Promoter only. The User through buying a ticket on "Couples Classes NYC" commits to the Promoter's own terms and condition stated on the issued ticket and on their ticket web page.
6b. DIRECT PAY TICKET SALES
6b.1. Tickets sold through "Couples Classes NYC" direct pay method, are Tickets sold for Events advertised by Promoters and bookings at Venues, where transactions are processed through the Promoter's or Venue’s (as applicable) merchant account, not "Couples Classes NYC". Transactions of this nature are covered by this clause 6b.
6b.2. The Event Promoters and Venues are directly responsible for setting their own terms and conditions, including cancellation and refund policy.
6b.3. It is the responsibility of the User wishing to purchase a Ticket for an Event or book a Venue to check the terms referred to in 6b.2 above with the Promoter or Venue (as applicable) before the purchase of any Tickets or booking of a Venue.
6b.4. "Couples Classes NYC" is in no way responsible for Tickets or bookings for Venues sold through the direct pay method and has no authority to issue refunds. Users must contact the relevant Promoter or Venue regarding any refund and the Promoter or Venue (as applicable) hereby expressly undertakes to pay such refunds as are due to Users in accordance with its terms and conditions.
6b.5 Any refunds requested by the User are the responsibility and discretion of the Promoter only. The User through buying a ticket on "Couples Classes NYC" commits to the Promoter's own terms and condition stated on the issued ticket and on their ticket web page.
- INTELLECTUAL PROPERTY
7.1. All rights in the design, text, graphics, music, photographs, sound, video and other material on the Website and the selection or arrangement thereof are the copyright of "Couples Classes NYC" or other third parties.
7.2. The User must not modify the paper or digital copies of any materials they have printed off or downloaded from the Website in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.3. The User must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from "Couples Classes NYC".
7.4. If the User prints off, copies or downloads any part of the Website in breach of these Terms, the User shall have no further rights to use the Website or Service and the User must, at "Couples Classes NYC" option, return or destroy any copies of the materials they have made.
7.5 Any Tickets issued by "Couples Classes NYC" are the intellectual property of "Couples Classes NYC" and it reserves all rights to place whatever advertising on such Tickets as it sees fit.
- USERS’ WARRANTIES AND REPRESENTATIONS
8.1. The User warrants to "Couples Classes NYC" that its use of the Service shall:
8.1.1. not be in breach of any contractual, statutory or common law rights of any third party (including but not limited to infringement of Intellectual Property Rights, data protection, defamation, theft, fraud, drug-trafficking, money-laundering and terrorism statutes);
8.1.2. not entail the obtaining or attempting to obtain, the Service by re-arranging, tampering with, or connecting with any facilities of "Couples Classes NYC", or by any trick, scheme, false representation or by or through any other fraudulent means whatsoever;
8.1.3. not entail the obtaining, accessing, altering or destroying any one or more from the data files, programs, procedures and information of "Couples Classes NYC" or of another User of the Service;
8.1.4. attempting and/or assisting another to perform the acts prohibited in 8.1.2 and 8.1.2 above;
8.1.5. not interfere unreasonably with the use of the Service by any other User or authorised person;
8.1.6. not be threatening, fraudulent, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable or inappropriate as determined by "Couples Classes NYC" at its sole discretion; and
8.1.7. not cause any PDPs to be transmitted to the Server.
8.2. The User warrants that all the information that it supplies to "Couples Classes NYC" shall be accurate, complete and true in all respects and the User agrees that it shall notify us immediately of any changes to such information or if such information becomes out of date.
8.3 Breach of any of these warranties shall result in the User being banned from using the Service by "Couples Classes NYC" acting in its sole discretion, without prejudice to any claim or rights "Couples Classes NYC"may have relating to such breach.
- EXCLUSION OF WARRANTIES / LIMITATION OF LIABILITY
9.1 No liability for attending Events and/or Venues: The User acknowledges and accepts that "Couples Classes NYC" is purely a booking platform for Users to find Instructors/Events and Venues and acts as agent of the Promotor and/or Venue to enable Users to conclude ticket purchases or bookings. "Couples Classes NYC" does not have any control over any Promoter, Event or Venue or the service provided by such Promoter, Event or Venue, and accordingly takes no responsibility for damages, injury or loss of any kind incurred by the User from attending an Event and/or Venue via Tickets purchased or a booking made via the Website, or a User being refused access to an Event or Venue for not complying with the Event or Venue regulations. In such circumstances the Venue or Promoter (as applicable) will be directly liable to the User, however it is the responsibility of the User to familiarise themselves with the Venue’s or Promoter’s (as applicable) rules and regulations prior to attending the Venue and/or Event.
9.2. The Service is provided "as is" without any warranty of any kind either express or implied. On occasion the Service may be interrupted or suffer technical errors due to factors beyond our control. "Couples Classes NYC" shall use reasonable endeavours to rectify any issues. "Couples Classes NYC" monitors its systems to ensure that all automated facilities may be available for ‘Out of Hours’ service, however this is not a given. In relation to Promoters and Venues, we will offer technical support of its own systems during normal working hours, but is not responsible for the technical support of any Promoter’s or Venue’s website, hardware or systems. "Couples Classes NYC" are not responsible for the promotion of Venues, Events or Ticket sales, and use of the Service by a Promoter and/or Venue does not guarantee the sale of any Tickets or any bookings at such Venue respectively.
9.3. Subject to clause 9.5, "Couples Classes NYC" (including its directors, employees or other representatives) will be not be liable for loss of profits; loss of business or revenue; consequential damages; depletion of goodwill or similar losses; loss of anticipated savings; loss of goods; loss of use; loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses in connection with the use of the Service.
9.4. Subject to clause 9.3 and 9.5, in the event that "Couples Classes NYC" incurs any liability, such liability shall in all cases be limited to:-
- a) in relation to Users who have booked a Venue or purchased Tickets for an Event, one hundred dollars or the price of any applicable Tickets purchased/booking made for a Venue, whichever is the higher;
- b) in relation to Venues, the fees actually paid by the Venue in question to "Couples Classes NYC" in the year preceding the date on which the latest event giving rise to the loss occurred;
- c) in relation to Promoters the amount of commission actually paid to "Couples Classes NYC" in respect of the Event in question;
- d) in relation to Reps, the value of any fees paid to such Rep within the 3 months preceding the date on which the latest event giving rise to the loss occurred.
9.5. Notwithstanding the foregoing, none of the exclusions or limitation in this clause 9 are intended to limit any rights a User may have as a consumer under local law or statutory rights which may not be excluded, nor in any way exclude or limit D"Couples Classes NYC"s liability to a User for fraud, or death or personal injury resulting from DesignMyNight's negligence or that of DesignMyNight's employees or agents.
- INDEMNITY RELATING TO PROMOTERS AND VENUES ONLY
Promoters and Venues shall indemnify and hold "Couples Classes NYC" harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by, "Couples Classes NYC" as a result of or in connection with any claim made against "Couples Classes NYC" in respect of any liability, loss, damage, injury, cost or expense sustained by "Couples Classes NYC" employees or agents or by any User or third party to the extent that such liability, loss, damage, injury, cost or expense was caused by, relates to or arises from attendance by a User of an Event or a Venue itself, or is as a consequence of a breach or negligent performance or failure or delay in performance of the obligations of the Venue and/or Promoter under these Terms.
11.1. Any party may terminate the contractual agreement governed by these Terms immediately by notifying the other party in writing, without prejudice to any rights or claims accrued by either party prior to the date of termination under these Terms. Upon termination the User shall cease to have any right to use the Website or Service.
11.2 In the event that a Venue or Promoter fails to pay any fees agreed separately in writing with "Couples Classes NYC" for use of the Service, then "Couples Classes NYC" may terminate the Promoter’s or Venue’s (as applicable) use of the Website and Service with immediate effect acting in its sole discretion, without prejudice to any claim or rights "Couples Classes NYC" may have prior to such termination.
Failure or neglect by "Couples Classes NYC" to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of "Couples Classes NYC" rights hereunder nor in any way affect the validity of the whole or any part of these Terms nor prejudice "Couples Classes NYC" rights to take subsequent action.
13. TERMS RELATING TO REPS ONLY
13.1. "Couples Classes NYC" provide a platform and functionality for Reps to enable them to promote Tickets on behalf of Promoters.
13.2. The commission rate is set by the Promoter, not DesignMyNight.
13.3. Under no circumstances are Reps considered to be ‘employees’ of "Couples Classes NYC" or the Promoter.
13.4 Reps should report any technical issues with the rep platform to DesignMyNight.
13.5 "Couples Classes NYC" shall not liable for any loss incurred by technical issues on the Website.
14.6. All commissions are tracked through the Rep’s individual tracking link.
13.6.1. Commission will only be paid for sales of Tickets that come through to the Promoter’s event page through the Rep’s individual tracking link.
13.6.2. Where Events are cancelled, or the Ticket is refunded for any reason, commission will not be paid to the Rep under any circumstances.
13.6.3. "Couples Classes NYC" will not owe any commission to a Rep in respect of a Ticket sold by the Rep, unless and until it has received the corresponding payment for such Ticket from the Promoter.
14. TERMS RELATING TO PROMOTERS ONLY
14.1. "Couples Classes NYC" reserves the right to withhold funds (i) at any time as "Couples Classes NYC" determines to be necessary for the processing and settlement of all refunds, disputed charges, charge backs, customer complaints, allegations of fraud, and other discrepancies (ii) in the event that the Promoter has outstanding debts to "Couples Classes NYC", in which case it may withhold all revenue for Tickets sold until such debts are paid and cleared in full and (iii) as otherwise permitted pursuant to these Terms.
14.2. Promoters agree that all revenue from Tickets for an Event is only due and payable to Promoters following conclusion of the applicable Event (even if "Couples Classes NYC" sends advance sums to the Promoter under clause 14.4) and all revenues from Tickets sold via the Website ultimately due will be net of all service fees and commissions which shall be retained by "Couples Classes NYC", and any refunds, disputed charges, charge backs and other deductions which "Couples Classes NYC" judges necessary, acting in its sole discretion, in order that it may settle any issues with its Users who have purchased relevant Tickets.
14.3. If (i) payments have already been made by "Couples Classes NYC" to a Promoter for Tickets sold by "Couples Classes NYC" to a User under clause 6a or (ii) the User purchases Tickets for an Event under clause 6b (Direct Pay Ticket Sales), and that Event is cancelled, such Promoter will immediately issue refunds directly to Users who have purchased a Ticket via the Website for the cancelled Event, within 5 (five) working days of the date on which the Event is cancelled.
14.4. The Promoter agrees that any payment by "Couples Classes NYC" of revenue from Tickets sold under clause 6a prior to three working days after the Event date of the applicable event are merely advances of amounts that may become due to the Promoter under these Terms and that DesignMyNight may demand such advances back, in its sole discretion, and the Promoter shall thereupon within 5 working days, after such demand, pay back "Couples Classes NYC" such advance or any portion thereof demanded by "Couples Classes NYC".
14.5. All communications or disputes regarding refunds are between the Promoter and User who purchased Tickets on the Website, and "Couples Classes NYC" will not be responsible or liable for, and the Promoter hereby agrees to fully indemnify "Couples Classes NYC" and its affiliates for any claims for refunds, errors in issuing refunds, or lack of refunds, and/or charge backs and associated costs incurred by "Couples Classes NYC" in connection with the purchase of Tickets via the Website.
14.6. All Promoters acknowledge and agree that "Couples Classes NYC" shall have the right to force a refund of any or all Tickets at any time if "Couples Classes NYC" receives complaints from a substantial number (as determined by "Couples Classes NYC" in its sole discretion) of Users with respect to the applicable Event or another Event held by a Promoter, or "Couples Classes NYC" determines in its sole discretion that a Promoter has engaged in any fraudulent activity or made any misrepresentations.
14.7. "Couples Classes NYC"t uses secure payment systems, but in the case that any fraudulent purchase made by a customer and a charge back occurs in respect of a payment that "Couples Classes NYC" has transferred to the Promoter, then "Couples Classes NYC" will invoice the Promoter for such charge back to be paid to "Couples Classes NYC" within 5 days of receipt of invoice and may deduct such sums owed to it by the Promoter from any revenue taken by "Couples Classes NYC" on behalf of the Promoter, even where this relates to a different Event.
14.8. Any funds due to the Promoter will be remitted to the Promoter on the day of the Event to a bank account nominated by the Promoter prior to this date or as otherwise agreed in writing with "Couples Classes NYC".
14.9. All Promoters must use the "Couples Classes NYC" ticket widget/link provided by "Couples Classes NYC" on their websites for selling Tickets to Events unless separate agreement to the contrary is made between the Promoter and "Couples Classes NYC" in writing.
14.10 "Couples Classes NYC" reserves the right to remove and halt ticket sales and any associated promotion of the Promoters event at their discretion.
14.11 Any commission owed to "Couples Classes NYC" by Promoters for ticket sales is non refundable once the net payment has been made to the Promoter for ticket sales.
14.12 If a Chargeback is raised by a User for any events run by the Promoter, we reserve the right to refund the payment to the cardholder at any time.
14.13 If we suspect fraud on any transactions relating to the Promoters events, we reserve the right to cancel and refund the purchase.
Any notice required or permitted under these Terms or required by statute, law or regulation shall (unless otherwise provided) be in writing and shall be delivered in person, or sent by registered mail or air mail as appropriate,
Any such notice displayed on the Website shall be considered to be received within six working days after it was posted on the Website, and if emailed to a User, at the time the email was sent.
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
These Terms supersede any arrangements, understanding, promises or agreements made or existing between the parties hereto prior to these Terms in respect of the Service and constitute the entire understanding between the parties hereto regarding the same. Except as otherwise provided herein, no addition, amendment to or modification of these Terms shall be effective unless it is in writing and signed by and on behalf of both parties.
18. VOUCHERS TERMS AND CONDITIONS
- All Vouchers are issued by and redeemable in the sum stated, against the venue or event organiser (subject to availability).
- The Voucher is non-transferable (except as expressly agreed with the venue/event organiser) and non-refundable.
- It may only be redeemed once and expires on the expiry date.