Definitions

Applicant – shall mean a consumer who would like to become a Member of Eat and Meet.

Authorised Representative shall mean Mr Rob Frost, Mr Rob Lucas, Miss Ali Bell or any other person in substitution as the Company may indicate from time to time to the Customer in writing.

Benefits – the benefit(s) the Customer is entitled to as a Member of the Company’s Eat and Meet.

Company - shall mean FunkiCity Ltd trading as SociaGals and registered in England and Wales with company number 6066456 whose registered office is at 11 Murray Street, London, NW1 9RE.

Conditions - shall mean these standard terms and conditions for becoming and being a Member of the Company’s Eat and Meet, any breach of which, regardless of seriousness, allows the party not in breach to terminate the Agreement, and/or reject the service(s) supplied.

Effective Date – shall mean the date when the Applicant becomes a Member and can start using the Company’s services as outlined on the Company’s website and membership welcome email.

Member - shall mean the person named on the Membership Application Form where acceptance of an application has been communicated to the Member by Authorised Representative of the Company.

Membership Application Form – shall mean the application form to be completed by an Applicant in applying for membership. Membership Fee – shall mean the annual fee charged by the company to the Member for membership. Services - shall mean the service(s) which the Company is to supply via itself or though Third Party Suppliers in accordance with these Terms & Conditions to the Customer.

Third Party Suppliers- shall mean any suppliers other than the Company or its affiliates.

Website – shall mean www.SociaGals.co.uk

1. Membership Process

a. On receipt of a completed Membership Application Form, the Company will decide whether the application has been successful. The Company has an absolute discretion to accept or reject any application for membership and is not obliged to act reasonably in doing so. The Company will notify an Applicant in the event that an application is successful. Where an application is not successful, the Company is under no obligation to disclose its reasons for rejecting an application with the Applicant.

b. The Company shall not be deemed to have accepted the membership of an applicant until an Authorised Representative of the Company has communicated to the Applicant via email that their application has been successful. Membership shall commence on the date as notified to the Member by the Company (the “Effective Date”)

c. Acceptance by the Company of an application for membership constitutes a binding contractual agreement between the Company and the Member upon these Conditions commencing from the Effective Date.

d. Membership and its associated benefits are personal to the Member and cannot be transferred to any third party.

2. Personal Information

a. In order to process the Customer’s application for membership the Company is required to collect personal information about the Customer. The Company takes full responsibility for the security of the Customer’s personal information, which will be held securely for a reasonable period of time following dealings with the Company. The Company may pass this information on to relevant Third Party Suppliers, such as, self-employed suppliers,restaurants, vehicle hire companies, credit checking agencies and public authorities as is necessary or legally required and in so doing cannot be held liable for third parties information security practices.

b. Worldwide jurisdictions apply a variety of differing legislation, regulations and daily practices surrounding the protection of personal information and although the laws regarding the security of each Customer’s information may differ in the place of their domicile and/or work to those regulations and practices within the European Union, the Supplier strictly adheres to European and English Regulations and practices and cannot be held to be in breach of any other legislation outside that geographical area.

c. The Customer is entitled to see a copy of the information the Company holds about them on written request. The Company on receipt of the written request will provide the information to the Customer within a reasonable period of time and may charge a small administration fee.

3. Services and Benefits

a. By becoming a Member of Eat and Meet, the Member is entitled to the following Services and Benefits. Please note these Benefits can be changed/taken away at any time by the Company. Any changes that take place will be communicated by the Company via email.

i. Invitations to the Company’s Eat and Meet events. The price of the events vary and will be advertised on the Company’s website.

4. Membership Fee

a. Membership is currently free. However, the Company can instate a Membership Fee at any time. If the Company instates a Membership Fee, it needs to give Members a 28 day email notice (“the Notice”). If Members do not want to pay the Membership fee, they can cancel their membership by sending an email of cancellation to the Company, provided that such confirmation is received by the Company within 28 days of the date of the Notice.

5. Cancellation and Suspension of Membership Cancellation by the Company

a) The Company reserves the absolute right to cancel the membership of any Member (in its sole discretion) with immediate effect in the following circumstances: a. Where a Member commits a serious or repeated breach of these Conditions and the breach, if capable of remedy, is not remedied within 7 days of a default notice;

i. If a Member provides the Company with details which the Member knows to be false when applying for membership and the false declaration would have reasonably affected the Company’s decision to grand membership

ii. Where the Company cancels membership for any serious reason, other than those outlined above, it will give 28 days’ notice of cancellation to the Member.

iii. If Eat and Meet is no longer a viable service for the Company, the Company will give current members 14 days’ notice of cancellation. Cancellation by the Member

b) A Member can cancel his membership at anytime but has to give the Company 28 days’ email notice.

6. Updates

a. The Company may periodically produce a newsletter or other publication which may be emailed to Members at the Company’s discretion. If the Member does not wish to receive such publications by email, the Member should instruct the Company accordingly in writing via email. The newsletter may include offers and services from Third Party Suppliers.

b. To ensure that Members maximise their membership benefits, the Company may send Members information by post or email on forthcoming promotions, events and such other benefits, offers, products or services which they may be entitled to or interested in as a Member. If the Member does not wish to receive such information, the Member should instruct the Company accordingly in writing via email.

c. The Company may contact Members who have not used their membership recently to offer services or may contact Members to seek their opinion on how the Services offered may be improved. If the Member does not wish to be contacted in this way, the Member should instruct the Company accordingly in writing via email.

7. Recommendations/Advice

a. The Company may offer a Customer information, advice or recommendations for the procurement of Services from Third Party Suppliers. Any such information, advice or recommendations are provided on a non-reliance basis and the Company accepts no responsibility or liability whatsoever with respect to such advice or recommendations. Customers must undertake their own independent review and use their own judgement when placing an Order.

8. Complaints

a. Any complaints with respect to any Services provided should be communicated via email within 48 hours of the Service(s) completion and to be marked as a complaint. Complaints will be responded to within 5 working days of receipt at the aforementioned address.

9. Limitation of Liability

a. This paragraph 13 sets out the financial liability of the Company (including any liability for the acts or omissions of its officers, employees, agents and/or consultants) to the Customer in respect of: i. any breach of this agreement; ii. any use made by the Customer of the Services or any part of them; and iii. any representation, statement or tortuous act or omission (including negligence) arising under or in connection with this agreement.

b. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.

c. Nothing in this agreement limits or excludes the liability of the Company:

i. for death or personal injury resulting from negligence; or

ii. for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by the Company.

d. Subject to paragraph 13 (b) and paragraph 13 (c), the Company shall not be liable for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and e. the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this Agreement shall be limited to the total price paid for the Services.

f. The Company will not be liable in any manner whatsoever for the loss or damage to any property belonging to the Customer during the provision of the Services.

g. The Member may see advertising material submitted by third parties on the Website. Individual advertisers are solely responsible for the content of advertising material that they submit to the Company, including ensuring that it complies with relevant legislation. The Company accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

h. The website and member newsletter may contain material submitted and created by third parties including other members. The Company excludes all liability for any illegality arising from or error, omission or inaccuracy in such material and the Company takes no responsibility for such material.

i. In the event that the Member purchases or obtains any goods or services from a third party then the Member’s acquisition of such goods or services will be in accordance with the third party's terms and conditions and the Company excludes so far as permitted by law all liability to the Member in respect of the same.

j. The Company takes no responsibility or liability whatsoever for any goods or services provided by any Third Party Supplier or provider or for their acts or omissions. The contract for the provision of goods or services shall be between the Member and the Third Party Supplier or provider and governed by whatever terms and conditions may be agreed between them.

10. Indemnity

a. The Customer shall indemnify the Company against all proceedings, costs, fees, expenses, payments, liabilities, losses and damages suffered by the Company or any representatives of the Company arising out of the breach of, or the negligence, bad faith, wilful misconduct or recklessness of the Customer in the performance of, any terms of the Agreement.

11. Force majeure

a. The Company shall neither be liable to the Customer nor be deemed to be in breach of the Conditions for any reason of delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Services, where the delay or failure was due to any cause beyond the Company’s reasonable control and without prejudice to the generality or foregoing the following shall be regarded (without limitation) as cause beyond the companies reasonable control:

i. Acts of God, explosion, flood, tempest, fire or accident;

ii. War or threat of war, acts of terrorism, threats of terrorism, sabotage, insurrection, civil disturbance or requisition. iii. Acts, registration, regulations, bye laws or measures of any kind on the part of any governmental, parliamentary, or local authority.

12. Intellectual property

a. The copyright of any work commissioned by the Customer shall be retained by the Company.

b. The Customer shall not without express agreement of the Company use, exploit or reproduce any media in any form whatsoever obtained during the provision of Services.

13. General

a) No delay or failure of the part of any party enforcing a provision of this Agreement shall be deemed to be a waiver or to create a precedent or in any way prejudice any party's rights under this Agreement. The rights and remedies of the Company provided in this Agreement are cumulative and are not exclusive of any other rights or remedies provided by law.

b) The Company reserves the right to amend the Conditions in respect of any promotion, offer, or the like made or issued by the Company from time to time in relation to Services.

c) The Company may vary the Conditions and Services and Benefits offered to Members from time to time and will notify Members in writing in advance 14 days prior to such variation. Upon receiving a notice of variation of these Conditions, Services and benefits, a Member may cancel membership by serving notice in writing to the Company within 30 days following receipt of the notice of variation. In such circumstances, the Company will reimburse the Member’s Membership Fee on a pro rata basis. A Member’s continuing request for Services will indicate its acceptance of the altered Conditions, Services and Benefits in any event.

d) The Conditions, together with the Company’s website policies constitutes the entire agreement between the Company and the Customer in relation to the provision of the Services and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between them.

e) The Customer shall not be entitled to assign its rights under this Agreement without the written consent of the Company.

f) If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provisions shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.

g) The Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties irrevocably agree that it shall be subject to the exclusive jurisdiction of the English Courts.