Terms and Conditions

PartyWizz (hereafter referred to as "PartyWizz", "we", "us", or "our") provides an online Website which connects those requiring entertainment with those providing entertainment services. By using the PartyWizz Website you agree to comply with and are legally bound by these Terms and Conditions ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Website and all Content (defined below), and constitute a binding legal agreement between you and PartyWizz. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Website and should not use the Website.

We reserve the right to modify the Services and these Terms and Conditions at any time, effective upon posting an updated version of these Terms and Conditions on this website. You are responsible for regularly reviewing these Terms and Conditions.

PartyWizz is based at 5/63 Leinster Road, Dublin, Ireland

The Website and Services are intended solely for persons who are 18 or older. Any access to or use of the Website or Services by anyone under 18 is expressly prohibited. By accessing or using the Website you represent and warrant that you are 18 or older.

THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PARTNERS (DEFINED BELOW) MAY CREATE LISTINGS FOR SERVICES (DEFINED BELOW) AND USERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK ENTERTAINMENT RELATED SERVICES. YOU ACKNOWLEDGE AND AGREE THAT PARTYWIZZ IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PARTNERS AND USERS - PARTNERS CONTRACT FOR SERVICES DIRECTLY WITH USERS. PARTYWIZZ HAS NO CONTROL OVER THE CONDUCT OF PARTNERS, USERS, OR ANY OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIM ALL LIABILITY IN THIS REGARD.

Key Terms

"CONTENT" means text, graphics, images, music, software, audio, video, information, documents, compilations, data or any other materials.

"PARTNER" means a person who creates a listing via the Website.

"USER" means a person who completes PartyWizz‘s account registration process (sign up or similar).

"SERVICES" means any services offered on the Website, including but not limited to entertainment, cleaning services, catering, bouncy castles, disco and other product hire or sale

"WEBSITE" means the entirety of the PartyWizz.com Website and related mobile applications.

"THIRD PARTY PROVIDERS" means PartyWizz's third party agents, contractors, distributors, merchants, affiliates or sponsors.

Access and Compliance

By accessing the Website, you agree to be bound by the Terms all applicable laws and regulations and that you warrant and represent that you are legally entitled to do so and are abiding by all applicable laws and regulations in the jurisdiction in which you reside. You agree that we may modify this agreement and such modifications shall be effective immediately upon posting. You agree to review these Terms each time you use the Website to be aware of modifications. Continued access or use of the Website shall be deemed conclusive evidence of your acceptance of the modified agreement.

Information on the Website

Although PartyWizz attempts to maintain the integrity and accuracy of the information on the Website, we make no guarantees as to its correctness, completeness, or accuracy and disclaims any and all liability related to the Website and any and all listings and Partner provided services. The Website may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorised additions, deletions, or alterations could be made to the Website by third parties without our knowledge or consent. If you believe that information found on the Website is inaccurate or unauthorised, please inform us by contacting us at fun@partywizz.com.

Your Listing Information and Photos

"Your Listing Information" is defined as any information and materials, including without limitation photographs and videos, you provide to PartyWizz or other users in connection with your registration for and use of the Services. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Listing Information. Solely to enable PartyWizz to use Your Listing Information, so we are not violating any rights you might have in that information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Listing Information, in any media now known or not currently known. PartyWizz shall have complete discretion in how it chooses to display or use Your Information in connection with the Website and Services, subject to restrictions set forth in our Privacy Policy.

As part of the Services PartyWizz occasionally shares Partner photos and videos with Website users and the public. You agree that PartyWizz may, at its sole discretion, publish these photos/videos on the Website and across social media including Facebook, Twitter, Pinterest, Instagram and similar social media Websites. You agree that PartyWizz reserves the right, at any time and without prior notice, to remove or disable access to any listing for any reason.

You hereby represent and warrant to PartyWizz that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libellous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for PartyWizz or cause PartyWizz to lose (in whole or in part) the services of its ISPs or other partners or suppliers.

We use "cookies". A cookie is an element of data that the Website sends to your browser that is then stored on your system. We use cookies for the following purposes: To identify what Website referred the visitor to the Website, to record analytics data and to allow visitors access to certain features of the Website. Further details of cookies are included in our cookies notice.

Financial Arrangement Terms

PartyWizz, through its proprietary network of Partners arranges for the provision of the Services to users, including, but not limited to entertainment in the User’s private residence or in an outside venue, or in the Partner’s venue according to the nature of the service provided.

As a Partner, you may create listings, and will be asked detailed information about your services. You may set the pricing and terms for your services within the parameters permitted by the Website. PartyWizz charges a Service Fee of 15% to the Partner to cover the costs of marketing, payment processing and Website administration. As a Partner, you contractually agree that the first and all future bookings with a User from PartyWizz will be booked via the Website or by our customer support. If you book with any User outside of PartyWizz you have to pay an introduction fee of €200 per User payable to PartyWizz.

As a User, you may book Services through the Website. PartyWizz may charge a deposit (determined at our sole discretion) that will be presented to the User during the purchase process.

For instant bookings, upon submission of a booking, PartyWizz will charge the User's credit card with the deposit amount.

For SMS verified bookings, upon submission of a booking, PartyWizz will validate/verify (but not charge) the User's credit card. The Partner will be given a limited time to respond to the booking request or the booking request may be automatically cancelled. If the Partner accepts the booking request, the deposit for the entertainer and the full cost of any accessories ordered will be charged to the User’s card on file immediately. If the Partner declines the booking no charges will be made to the credit card and any accessories ordered will not be processed.

PartyWizz will show the amount (less commission) on the Partner’s dashboard. After the booking has taken place the Partner must then acknowledge that they have completed the booking in accordance with the service stated on their profile by indicating so in their dashboard. The amount will then be transferred to the Partner into their bank account either by direct bank transfer or via Stripe.

For Partners who do not accept online bookings but instead use the platform to receive online enquiries, any bookings made in this manner are also subject to the 15% commission. The booking is made directly between the Partner and the User and on confirmation of a booking the Partner must inform PartyWizz of this immediately and then transfer the 15% commission within 3 working days of the booking confirmation. Failure to do so will result in the Partner being removed from the platform.

Cancellations and Refunds

In the event that a User cancels a booking for Partner Services the deposit will be deemed as forfeited and is not refundable.

In the event that the Partner has to cancel a booking for whatever reason, PartyWizz will attempt to find a Partner offering a similar service to replace them. If a replacement cannot be found, or a replacement is not wanted by the User, the deposit will be refunded in full. Partners and Users agree to be bound by this cancellation policy and agreed to as part of the booking process.

After a first-time booking between Partner and User, Partner and User may, at their own discretion, correspond with each other. If the result of this correspondence it is the determination that the service would not be in the best interest of the User, either party may cancel the booking but the PartyWizz service fee (commission) will be forfeited. Requesting Partner or User must contact PartyWizz at fun@partywizz.com to request and process the cancellation.

Refund Request Policy

  • You must notify us in writing of your dissatisfaction and the basis for your dissatisfaction (including photographic evidence where applicable) with the Partner within 24 hours of the event by e-mailing us at fun@partywizz.com
  • If we deem that the dissatisfaction is warranted, allow us between 2-3 weeks to refund the amount received by User for the subject transaction. Additional charges may apply with credit card refunds.
  • We cannot refund you twice for the same Partner - i.e. if we have refunded you once in relation to scheduled stay with a particular Partner and you subsequently request a booking with the same Partner again, you will not be refunded a second time for the same Partner.
  • No refunds will be available if we have not received notification within 24 hours after the Partner has fulfilled the booking.
  • If your requested service was cancelled for violating our Terms NO refund will be issued.

Ordering items from the shop

Orders

You are deemed to place an order with us by ordering via our online checkout process. We will send you an order acknowledgement or invoice by email, detailing the products you have ordered.

An order would be deemed as accepted by us when we’ve dispatched the order.

We may refuse to accept an order:

(a) Where goods are not available

(b) Where we cannot obtain authorisation for your payment

(c) If there has been a pricing or product description error

(d) If you do not meet our eligibility criteria set out in our terms and conditions

(e) If the order is to be delivered outside of Ireland and United Kingdom.

Out of stock items

If an item is out of stock, you will be notified as soon as possible and will have the option of 1) await stock availability, 2) select an alternative gift for the same price or 3) be given a full refund.

Description and representation

We have made all reasonable efforts to ensure each photograph accurately reflects the product being sold. On occasions, there may be minor differences between the product’s appearance in the photograph and the item delivered due to manufacturing changes beyond our control.

Delivery

We will deliver the products you ordered to the address you entered on our Website. If the details you give us is incorrect or is missing an important detail that may cause a delay on your item being delivered or may cause your item not to be delivered at all, we will not be liable for it.

Most items are sent out within two working days and should be delivered within 1-2 weeks by standard delivery or in 2 working days by expedited delivery. 

Standard delivery (1-2 weeks) - 5 euros
Standard delivery on orders over 60 euros - FREE
Tracked courier service (2 days after dispatch) - 15 euros

We cannot guarantee delivery on a specific day or accept liability for deliveries made outside this timescale. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries

Some postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain may not be covered by our normal delivery services and so we may have to contact you to advise you of extra postal charges.

We reserve the right to wait up to 15 working days from the date of dispatch before taking further action regarding an undelivered item.

Stock availability

While most of items that we feature on our website are readily available from our trade partners, there may be rare circumstances where an item may become unavailable before our stock management system gets updated. If an item is not available, we will find you a range of suitable alternatives with the same price that you can choose from and present these for your approval before proceeding. If no suitable alternative is found, a full refund will be processed immediately.

Cancellation

Cancelling your order before dispatch: you can notify us during office hours by email to fun@partywizz.com

Where goods have already been dispatched to you, a refund is not possible.

We reserve the right to cancel your order at any time and issue a full refund.

Returns

If the customer wishes to return an item, please contact fun@partywizz.com quoting the order number, name and address, details of the product and the reason for return, and whether a refund or a replacement is required. We will then advise on how to proceed with the return.

If the item is faulty or damaged please contact us immediately and return it to us within 30 days of receipt and we will issue you a refund for the same item as well as postage costs or we will post out the same item with the exact personalisation. Refunds cannot be given if the fault is as a result of misuse. Refunds will not be issued until the receipt of returned faulty item.

Non receipt of goods

We must be informed in writing within 28 days if you have not received the item. Please allow us to carry a full investigation so you will either be issued a refund or have the item replaced.

Use of the Website

Any personal information you submit to the Website is governed by the Privacy Policy. This Privacy Policy encompasses any and all information you may provide to the Website either for purposes of registering with the Website as a Partner or User or to receive further information, updates and promotions about or related to the Website. In consideration of being allowed to use the Website, you agree that the following actions shall constitute a material breach of these Terms:

  • Collecting information about the Website or users of the Website without PartyWizz's written consent;
  • Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any Content of or information contained on the Website, without PartyWizz’s written consent;
  • Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion or Content thereof;
  • Accessing or using the Website for commercial or competitive purposes;
  • Disguising the origin of information transmitted to, from, or through the Website;
  • Impersonating another person or entity;
  • Distributing viruses or other harmful computer code;
  • Allowing any other person or entity to impersonate you to access, use or register with the Website;
  • Using the Website for any purpose in violation of local, state, national, international laws, including but not limited to any unauthorized use of any Content or information contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes;
  • Using the Website in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;
  • Receiving one or more negative reviews provided to PartyWizz by Users;
  • Updating a public profile with erroneous contact information or removing contact information;
  • Failing to respond to messages/inquiries from PartyWizz Users or failing to respond to messages/inquiries from other PartyWizz Members within a timely manner, to be determined at the sole discretion of PartyWizz;
  • Behaving or acting in any way that creates a negative experience for a PartyWizz Partner, to be determined at the sole discretion of PartyWizz;
  • Behaving or acting in any way that demonstrates a lack of courtesy or professionalism with any PartyWizz Staff Member that may cause any difficulty providing the best customer service possible for a PartyWizz Member, to be determined at the sole discretion of PartyWizz;
  • Circumventing any measures implemented by us aimed at preventing violations of the Terms;

PartyWizz expressly reserves the right, in its sole discretion, to terminate a Partner or User's access to any interactive services and/or to any or all other areas of the Website due to any act that would constitute a violation of the Terms. In addition to violating the Terms, any of the foregoing actions on your part or on behalf of any entity you are employed or otherwise acting as an agent for constitutes intentional, unauthorized access of a protected computer, may constitute a violation of English law, and may potentially subject you and any affiliated parties to civil liability and criminal prosecution. PartyWizz also expressly reserves the right, in its sole discretion, to terminate a Partner's access to any interactive services and/or to any or all other areas of the Website due to one or more negative reviews provided to PartyWizz by Users. These reviews are typically, but are not required to be, associated with a Service provided by a Partner through PartyWizz.

It is your obligation to comply with all applicable laws. It is also your obligation to comply with all applicable tax laws and regulations that apply to your activity on the Website. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

Certain Partner Obligations

  • By accepting a reservation request you are agreeing to perform the service agreed for the date and time agreed. However, to ensure swift service, if the reservation request is not confirmed within 24 hours of requesting, PartyWizz is entitled to automatically cancel the booking arrangement.
  • After receiving a confirmed booking, all partners are obliged to keep in contact with User who made the booking. If you know that you will be unavailable, for any reason, for a period of 48 hours or longer you are obliged to contact PartyWizz at fun@partywizz.com (with the sentence "48 hours+ unavailability" and the name of the PartyWizz member the booking is with in the subject line) to inform us of your unavailability. If you fail to do so PartyWizz is entitled to automatically cancel said booking arrangement.

Links to Third Party Websites

The Website may contain links or have references to Websites controlled by parties other than PartyWizz. PartyWizz is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party Websites. PartyWizz is providing these links to you only as a convenience, and the inclusion of any link does not imply or otherwise constitute endorsement by PartyWizz of the linked Website and/or the content and materials found at the linked Website, except as specifically stated otherwise by PartyWizz It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.

Limitation of Liability and Release

By agreeing to serve as a Partner, you expressly assume the risk of any damages, including property damages or personal injury, which you or anyone else present in your residence may suffer.

WHETHER YOU ARE A PARTNER OR A USER, YOU AGREE NOT TO HOLD PARTWIZZ OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH (A) ANY INSTRUCTION, ADVICE, ACT OR SERVICE PROVIDED BY PARTYWIZZ OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS, (B) ANY DESTRUCTION OF YOUR INFORMATION, (C) ANY DISPUTE WITH ANY OTHER USER OF THE WEBSITE OR SERVICES, (D) PARTNER’S FAILURE TO PROVIDE SERVICES OR PROVISION OF INCOMPLETE OR POOR SERVICES, (E) ANY INJURIES OR HARM SUFFERED BY YOU OR ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION YOUR FAMILY MEMBERS, FRIENDS OR OTHER UNRELATED PARTIES), (F) ANY INJURIES OR HARM SUFFERED BY ANY DOGS OR OTHER PETS, (G) ANY DAMAGE OR HARM TO REAL OR PERSONAL PROPERTY, OR (H) ANY OTHER CONDUCT, ACT OR OMISSION OF ANY OTHER PARTY, INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, OR DESTRUCTION OF PROPERTY.

UNDER NO CIRCUMSTANCES SHALL PARTYWIZZ OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE SERVICES, INCLUDING YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THIS WEBSITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATING OR TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PARTWIZZ HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BY YOUR USE OF THIS WEBSITE, YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS WEBSITE, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS PROHIBITED BY LAW. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT PARTYWIZZ OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EXCEED ONE THOUSAND GREAT BRITISH POUNDS (£1,000.00).

You agree that the limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. You also expressly acknowledge and agree that PartyWizz has set its prices and entered into these Terms in reliance upon the limitations of liability specified herein, which allocate the risk between you and PartyWizz and form a basis of the bargain between the parties.

DISCLAIMER OF WARRANTIES

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY PARTYWIZZ, THE CONTENT AND SERVICES OFFERED ON THE WEBSITE ARE PROVIDED "AS IS," AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, PARTYWIZZ AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AS WELL AS ITS THIRD PARTY PROVIDERS, HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MINDER, THE CONTENT, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. PARTYWIZZ AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PARTYWIZZ AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE, SECURE OR OTHERWISE OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE SERVICES OFFERED VIA THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER PARTYWIZZ NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. PARTYWIZZ IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY PARTYWIZZ. PARTYWIZZ EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES. LICENSING AND CERTIFICATION REQUIREMENTS (OR THE ABSENCE THEREOF) FOR SOME OR ALL OF THE SERVICES OFFERED BY MINDER WIDELY VARY BY STATE, COUNTY, CITY, MUNICIPALITY OR TOWNSHIP. PARTYWIZZ MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY OF THE USERS OR PARTNERS OFFERING SERVICES THROUGH THE WEBSITE HAVE COMPLIED WITH ANY APPLICABLE STATE, COUNTY OR MUNICIPAL LAW, STATUTE, ORDINANCE OR REGULATIONS.

Indemnification

You shall defend indemnify, and hold harmless PartyWizz and its affiliates, directors, officers, employees, agendas, and Third Party Providers (collectively, the "Indemnified Parties";) against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees and costs) incurred by Indemnified Parties in connection with a claim by a third party related to you or your use of the Services. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the relevant Indemnified Parties. PartyWizz and its affiliates, directors, officers, employees, agents, and Third Party Providers shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Website and/or the goods, services or Content associated with the Website other than in accordance with these Terms; (b) the combination of the Website and/or the goods, services or Content associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.

Termination and Account Cancellation

PartyWizz may, in its sole discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Website, and (b) deactivate or cancel your PartyWizz Account or registration or similar uses of the Website. PartyWizz's proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. PartyWizz may provide notice of termination by regular mail or email. You may cancel your PartyWizz Account at any time by sending an email to fun@partywizz.com with your profile name and the sentence "cancel my account" in the subject line. However, you are personally liable for any orders, listings or pending transactions that you place or charges that you incur prior to your termination/cancellation. Please note that if your PartyWizz Account is cancelled, we do not have an obligation to delete or return to you any content you have posted to the Website.

Intellectual Property Rights

All materials provided on the Website, including but not limited to Content, information, documents, products, logos, graphics, sounds, images, compilations, and services are protected by international copyright and trademark laws. The owner of the copyrights and trademarks, names, logos and service marks are PartyWizz, its affiliates or respective third party authors, developers or vendors ("Third Party Providers"). Except as stated herein, none of the materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of PartyWizz and/or a Third Party Provider. Also, you may not "mirror" or "archive" any Content displayed on or otherwise accessible from the Website on any other server without the prior express written permission of PartyWizz

Employment and Withholding

PartyWizz is not an employment service and does not serve as an employer of any user. As such, PartyWizz will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with your use of the Services. You understand and agree that if PartyWizz is found to be liable for any tax or withholding tax in connection with your use of the Services, then you will immediately reimburse and pay to PartyWizz an equivalent amount, including any interest or penalties thereon.

No Agency

No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Without limiting the foregoing, PartyWizz is not acting as an agent for any Partner, User or any other user or visitor of the Services or the Website.

Local Indirect Taxes

You are responsible for complying with all applicable tax laws and regulations related to your use of the Website and the Services. Without limiting the foregoing, each Partner is responsible for determining any applicable local indirect taxes and for including such taxes or obligations related to such taxes in his or her listings. PartyWizz is not responsible for any taxes related to your use of the Website and the Services.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and you hereby submit to the exclusive jurisdiction of the English courts.

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

Miscellaneous

The Terms (together with the Privacy Policy) represent the parties' entire understanding relating to the use of the Website and any Services provided related thereto and supersedes any prior or contemporaneous, conflicting or additional, communications. PartyWizz reserves the right to change these Terms or policies relating to the Website at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Your continued use of the Website after any such changes and/or postings shall constitute your consent to such changes.

You may not assign these Terms without the prior written approval of PartyWizz. Any purported assignment in violation of this section shall be void. PartyWizz reserves the right to use Third Party Providers in the provision of the Website and/or the goods, service and/or Materials associated therewith. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable legal fees and expenses, court or arbitral forum costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defence of that controversy or dispute. Any and all rights not expressly granted herein are reserved by PartyWizz

 

Contact PartyWizz

If you have any questions about these Terms or the Site, please contact PartyWizz at fun@partyWizz.com

Copyright 2018 PartyWizz