Terms and Conditions
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Terms and Conditions

| by Aarifa Dadu

PARTYCLOUD GENERAL TERMS AND CONDITIONS

IMPORTANT! PLEASE READ CAREFULLY. By signing up you acknowledge that you have read, understood and accept all the terms and conditions of this agreement without limitation or qualification. If you disagree with any of the terms that follow or do not agree to be bound by all such terms, do not click the accept button.

  1. INTRODUCTION
    • These terms and conditions relate to your use of our website and with regards to Supplier/User and/or:
      • Partycloud Limited trading as partycloud.co.uk (company registration number: 11149137) of 1 The Briars Waterlooville, Hampshire, PO7 7YH ("Partycloud” “us” “we”), who owns and publishes the website www.partycloud.co.uk and other platforms and applications where www.partycloud.co.uk can be accessed (the "Partycloud Platform"); and
      • any advertiser of party-related services available through the Partycloud Platform (“Supplier” “you” or “your”).
      • Any visitor to the site in search of party-related services (“Customer” or “user”)
      • The Terms of Use constitute a legally binding agreement between Partycloud and you. Each Supplier/Customer who clicks on the accept button and signs up to advertise/use the Partycloud Platform is acknowledging that they have read, understood and agree to the Terms of Use.

1.2       Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

  1. WEBSITE USE
  • You must not:
    • use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; and
    • use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

2.2       You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

  1. PROFILE REGISTRATION

3.1       To be eligible for an individual account on our website you must be at least 18 years of age.

3.2       The Partycloud Platform is a website - Partycloud.co.uk (the "Website") where Suppliers can advertise one or more of their goods and/or services (each a “Service”) for hire to potential Customers (“users”) and communicate with those potential Customers. We refer to Partycloud users herein as “Customers”. Suppliers advertise on the Partycloud Platform by setting up an advert including description, contact details, photos and videos (the “Advert”) and “Users” search for “Suppliers”.

3.3       To register for an Advert, Suppliers & Users are obliged:

  • to enter required details (such as name, email address, password, service category, locations covered) on the Partycloud Platform’s online form;
  • to click and accept these Terms & Conditions; For Suppliers:
  • to agree to pay to Partycloud the fee to advertise on the Partycloud Platform on either a monthly or annual basis (“Fee”);
  • to set up a Direct Debit mandate (the "Direct Debit") for payment of the Fee. The cost of each package (Silver, Gold & Platinum) is set out at partycloud.co.uk/advertise-with-us.

3.4       Partycloud reserves the right in its sole discretion at any time to decline to place or delete any Advert that appears to be capable of infringing, or be associated with the infringement of, any provision of these Terms of Use.

3.5       You may register for an account (the “Account”) with our website by completing and submitting the account registration form and setting up a direct debit mandate on GoCardless.

3.6       You must notify us in writing immediately if you become aware of any unauthorised use of your Account.

  1. YOUR ACCOUNT

4.1       After registration and setting up the Direct Debit, Suppliers will be able to contribute advertising copy and photographs to the Advert which the Customer will then be able to view on the Partycloud Platform.

4.2       You will be able to manage your Advert online by accessing the management tab of your Account (the “Account”). In the Account, you will have various functions available which are intended to assist you to manage services offered through the Partycloud Platform and to keep the Advert updated. These functions, and the Account itself, are made available on an “as is” basis, and Partycloud does not undertake or represent that the Account or its functions will be complete or error-free.

4.3       If the Supplier cancels the Direct Debit or the Direct Debit fails or the bank account submitted does not support recurring payments or Direct Debits, the Advert will immediately be deleted from the Website.

  1. CONTRACT BETWEEN SUPPLIER AND CUSTOMER

5.1       The Customer shall be able to contact you via contact information (email, phone number, website) provided by you during registration - whereby the Customer can contact you directly.

5.2       Partycloud is not and does not become party to any business or contractual relationship between you and the Customer and does not mediate between you and the Customer in the event of any dispute arising between you and the Customer. Any terms, conditions, warranties or representations in a written or verbal contract between you and a Customer will not bind Partycloud, and Partycloud makes no representations or warranties, implied or otherwise in relation thereto. The foregoing is without prejudice to any third-party benefits to which Partycloud is entitled.

5.3       You unconditionally release Partycloud and indemnify, its affiliated companies, and their respective officers, directors, employees, agents, service providers, content providers and licensors from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute between you and the Customer.

5.4       You must make all reasonable efforts to respond to Customer enquires via your Account promptly (within 48hrs) failure to do so which leads to negative feedback/reviews of Partycloud permits us to suspend or withdraw services.

5.5       We reserve the right to discontinue or alter any or all of our website services and stop publishing our website, at any time, at our discretion with or without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services or the end of publication of the website.

  1. ADVERTS

6.1       We may offer an Advert on a discretionary free period, at our choice, to new Suppliers joining Partycloud for a short trial period. This does not apply to returning suppliers who have cancelled previously. We reserve the right to delete a free Advert at any time, without notice to you. There must be a live Direct Debit in place for each Advert to show on our Website.

6.2       If the Supplier cancels the Direct Debit or the Direct Debit fails or the bank account submitted does not support recurring payments or Direct Debits, the Advert will immediately be deleted from the Website.

6.3       Each Advert on our directory must be a listing in relevant to events, parties and gifts and their related products and services.

6.4       You agree to keep your Advert up to date at all times.

6.5       Without prejudice to our other rights under these terms and conditions, we reserve the right to reject/delete submissions that breach these terms and conditions, or that do not meet our guidelines for listings published on our website.

6.6       If we reject or delete an Advert in accordance with Clause 17, we reserve the right not to refund any applicable charges.

  1. PARTYCLOUD WHATSAPP GROUPS

Subscribers may be invited to join Partycloud’s regional WhatsApp Groups to facilitate networking, information sharing, and updates. By joining the Partycloud Supplier WhatsApp Group, you agree to the following terms and conditions, which are designed to ensure the group remains a positive, helpful, and professional space for all members.

  • The Partycloud WhatsApp Groups are provided as an informal networking space for Partycloud-listed suppliers to connect, share ideas, updates, recommendations, and opportunities. It is not intended as an official support channel for Partycloud services or disputes. If you have any issues, concerns or complaints regarding Partycloud or its services, please contact us directly. The WhatsApp Groups are intended to remain a positive and supportive space, and are not the appropriate forum for raising disputes or grievances.
  • Membership is limited to current suppliers listed on Partycloud.
  • Participation is optional. Suppliers can leave the group at any time.
  • We reserve the right to remove members who no longer meet the eligibility criteria (e.g. if a business is no longer listed on Partycloud).
  • Please treat all members with respect, courtesy, and professionalism.
  • Do not post content that is abusive, offensive, defamatory, discriminatory, illegal, or likely to cause harm or distress.
  • The group is not to be used for spamming, excessive self-promotion, or repeated advertising. Occasional sharing of relevant offers or services is allowed in moderation.
  • Members must not share confidential information or content that infringes the intellectual property rights of others.
  • Personal information shared within the group (including phone numbers) should be treated as private and not used outside the group without the individual’s consent.
  • Group Administration - The group is administered by Partycloud Ltd, who may appoint additional group admins.
  • Partycloud reserves the right to remove posts or members at its discretion to maintain the spirit of the group.
  • Admin decisions are final in all matters related to the group.
  • Liability - Participation in the group is at your own risk.
  • Partycloud Ltd accepts no liability for the accuracy of information posted by members, nor for any loss, damage, or other issues arising from use of the group.
  • Any commercial arrangements, collaborations, or agreements formed between members are entirely independent of Partycloud and are entered into at your own discretion.
  • Privacy & Data - By joining the group, you acknowledge that your phone number and profile name will be visible to other members.
  • Partycloud will not share group membership details externally but cannot control the visibility of your information within WhatsApp itself.
  • You can leave the group at any time if you no longer wish to participate.
  • Updates to Terms - Partycloud reserves the right to amend these terms at any time. An updated version will be published on our website, and significant changes will be communicated within the group.
  • Cancellation - In the event that a subscriber cancels their Direct Debit mandate, fails to maintain an active subscription, experiences a failed payment, has their account suspended, or is subject to a payment dispute, all individuals associated with that subscriber’s business who are members of any Partycloud regional WhatsApp Group(s) will be removed from those groups with immediate effect. Access to these groups is strictly limited to businesses with an active, fully paid, and in-good-standing subscription to Partycloud.
  • By joining and participating in the Partycloud WhatsApp Group, you are deemed to have accepted these terms.
  1. SUPPLIER REVIEWS
  • Customers may post their own reviews of Suppliers Services (“Supplier Reviews”) on the Website. You acknowledge and release Partycloud from any and all liability in relation to such Supplier Reviews. Partycloud reserves the right to delete any Supplier Reviews at any time in its sole discretion.
  • Subject to Section 17, we will not be liable to you for any loss or damage arising from any reliance you may place on any review published on the website.
  • You agree to the publication of reviews relating to you and your business, by others, on our website; you acknowledge that such reviews may be critical or defamatory or otherwise unlawful; and, subject to Section 17, you agree that you will not hold us liable in respect of any such reviews, irrespective of whether we are aware or ought to have been aware of such reviews.
  1. CUSTOMER REVIEWS

9.1       We publish reviews by users on our website and reserve the right to delete a review.

9.2       Any user may submit reviews for publication on our website, subject to these terms and conditions. If the user has registered with our website, the user may submit reviews for publication on the website, subject to these terms and conditions.

9.3       The user must be honest, reasonable and bona fide reviews of Suppliers and/or other goods or services found on our website.

9.4       A user may only post a review if such user has first-hand experience of a Supplier and/or other goods and services found on our website.

  • A review must not be posted if:
    • there is a [financial] interest in the subject matter of the review;
    • or are an owner, partner, member, employee, business partner, advertising agency or affiliate of any person who has a financial interest in the subject matter of the review; or
    • or are otherwise connected with, or related to, any person who has a financial interest in the subject matter of the review.

9.6       It is acknowledged that we may publish and otherwise use, in conjunction with the reviews, your name and/or your user ID, but we shall have no obligation to do so.

9.7       It is acknowledged that the user reviews published on our website are submitted by users, and that we do not usually review, approve or edit them; accordingly, we do not warrant the accuracy of the user reviews.

  1. PAYMENT AND PRICING
  • You shall pay the Fee using the link to complete the Direct Debit form. Prices shown are paid on a monthly or annual basis.
    • Monthly contracts will be paid monthly by Direct Debit in advance and payment will continue to be taken unless cancelled by giving Partycloud 7 days’ notice by email to info@partycloud.co.uk or by cancelling the Direct Debit directly through your bank, online banking or banking app.
    • Annual contracts will be paid annually by Direct Debit in advance and payment will continue to be taken on an annual basis unless cancelled by giving Partycloud 7 days notice by email to info@partycloud.co.uk. or by cancelling the Direct Debit directly through your bank, online banking or banking app. Please note that annual payments are non-refundable once taken.
    • Any invoices raised and provided for in the clauses above shall be paid within 7 days of the date of the invoice.
  • The client shall not be entitled to set-off or withhold payments claimed or due to Partycloud in respect of any agreements, whether express or implied.
  • Unless otherwise agreed in writing, we reserve the right to charge interest on overdue invoices at a rate of 8.0% over the Bank of England base rate from the date the invoice became overdue until payment is made and the account settled, this is in line with relevant statute.
  • If we are required to issue proceedings to recover any fees or disbursements and we are successful in such proceedings, you agree that you will pay our legal/advisory costs of such proceedings even if the amount claimed is suitable for the small claims track.
  • In the event of a dispute we are willing to consider Mediation or Arbitration. The cost of the proceedings, disbursements, facilities and fees to be split between the parties. However, subject to the applicable Arbitration legislation, the Arbitrator may determine who shall be responsible for the costs of the Arbitration and shall set out that determination in any Award.
  • Any renewal shall be subject to Partycloud's then current terms and conditions.
  • Partycloud is not VAT registered therefore VAT does not apply to any sums stated in the pricing list.
  • You will submit valid bank details for the Direct Debit upon registration and keep this information up to date.
  • If we accept a paid directory listing, it will remain published on our website for the relevant period specified for that particular plan, subject to termination or deletion in accordance with these terms and conditions.
  • We may delete a paid directory listing at any time at our discretion, providing that if we delete a paid listing in accordance with this Clause (9) before the end of the period in respect of which listing fees have been paid, we will refund to you a pro-rated portion of those listing fees reflecting the unexpired listing period, such amount to be calculated by us using any reasonable methodology.
  • We reserve the right to charge a £25.00 admin fee on any listing fee that is overdue.
  • We may vary our fees from time to time by posting new fees on our website, this will not affect fees for the services that have been previously paid, only to new payment periods.
  • Should we need to resort to legal action in respect of non-payment you will be liable for our reasonable costs in recovering outstanding fees and debt collection fees.
  1. TERMINATION AND CANCELLATION
  • Partycloud reserve the right to suspend or terminate, with or without notice, listings in respect of which fees are unpaid or consistently late.
  • Partycloud may terminate this agreement at any time by giving you 7 days written notice.

11.3 The Supplier has the right to cancel this agreement at any time by giving 7 days’ notice in writing and the Direct Debit agreement will be cancelled. It is the Supplier's responsibility to ensure the Direct Debit is cancelled through their bank.

If the Supplier wishes to cancel during a free discretionary period, they must notify Partycloud at least 7 working days before the date of the first Direct Debit, or payment may still be taken.

If the Supplier cancels the Direct Debit without giving Partycloud notice, we reserve the right to delete any Adverts relating to the Supplier. Once a Direct Debit has been cancelled, the Supplier’s advert will be immediately removed from the directory.

All payments are non-refundable once taken. This includes, but is not limited to, annual payments made in advance. Suppliers who choose to pay annually are not entitled to a refund for any unused portion of their subscription after payment has been processed.

11.4     Partycloud may immediately suspend or terminate this agreement without notice in the event of any conduct which Partycloud in its sole and absolute discretion, considers to be unacceptable or in breach of the Terms of Use or any applicable law or regulation or which does or may tend to expose Partycloud to any liability.

11.5     No refund shall be due to you where termination is due to breach by you. A pro-rated refund shall be given by Partycloud in the case of termination without cause.

11.6     The provisions of the Terms of Use shall survive any termination of the agreement for any reason, including, without limitation, indemnification obligations, disclaimers and limitations of liability.

  1. RIGHTS AND OBLIGATIONS OF PARTYCLOUD

12.1     Partycloud shall be entitled to change the layout of the Website at any time without prior notice.

12.2     Partycloud may occasionally undertake upgrades of the Website in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the Website. Partycloud will, where possible, aim to ensure that maintenance of the Website that causes any such restriction is undertaken at a time when most usage is least affected.

12.3     Partycloud reserves the right to transfer these Terms of Use, and to assign or subcontract any or all of its rights and obligations under these Terms of Use, to a third party.

12.4     You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. RIGHTS AND OBLIGATIONS OF THE SUPPLIER/USER.

13.1     You shall submit truthful particulars about your identity and payment data and only offer in your Profile, Services which you are entitled and are in a position to serve to Customers.

13.2     The forms made available by Partycloud must be completed appropriately.

13.3     You undertake to provide the Advert information, including all information concerning the Service, fully and accurately, and to keep the information updated. You shall not give misleading particulars about the origin of any information or include details that may conceal the true source of any information.

13.4     You are required to keep your account login details secret and not to pass them on to third parties. Partycloud will never ask you to disclose this data. If you are contacted by third parties and asked for login details, under no circumstances should you impart that data, but you must immediately notify Partycloud of the situation. Should you notice that your account is being used by an unauthorised third party, you should immediately report the matter to Partycloud and change your password.

13.5     You must not misuse the Website’s email or messaging system.

13.6     You are responsible for ensuring that your Adverts do not infringe the law or the rights of any person or entity. Profiles must not contain false information, personal insults, anything slanderous or defamatory, or anything that infringes copyright or data protection law or other intellectual property rights.

13.7     You must ensure that you have adequate insurance in place at all times and provide a copy of said insurance upon request.

13.8     Should your items be hired out via Partycloud to a third party. You agree to indemnify Partycloud for any damage caused and agree to recover costs direct the from the third party in question.

13.9     Should any item be installed incorrectly or faulty and cause injury, any action shall be taken against the supplier and Partcloud shall be indemnified against such action by the customer.

  1. SUPPLIER RIGHTS OF CONTENT

14.1     Where you submit to or transmit through the Website any content of any type, including text or images, you represent and warrant that you have the right to do so, and have been granted the necessary consent by any copyright holder, persons featured or suppliers of featured items.

14.2     To the extent that Supplier's Profile and other submissions may contain trademarks, you represent and warrant that you have the right to use them, including sublicensing rights.

14.3     By submitting any form of content to the Website, you permit and hereby grant a royalty-free license to Partycloud to display and disseminate the content in connection with the performance of these Terms of Use.

14.4     Partycloud shall have the right, but not the obligation, to monitor the content and user traffic to the Website. Partycloud shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Website.

14.5     Partycloud has the right to use any content uploaded by you for internal or external marketing purposes, this includes but is not exhaustive to social media information, posts and pictures (e.g. Instagram, Facebook, twitter pictures and/or literature). You must ensure that you have the permission to post sensitive information (such as a picture of children at a party) as we reserve the right to use this in our marketing literature.

14.6     You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media/reproduce, store and publish your content on and in relation to this website and any successor website/reproduce, store and, with your specific consent, publish your content on and in relation to this website.

14.7     Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

  1. CONTENT RULES

15.1     You warrant and represent that your content will comply with these terms and conditions.

15.2     Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

15.3     Your content, and the use of your content by us in accordance with these terms and conditions, must not:

  • be libellous or maliciously false;
  • infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;
  • infringe any right of confidence, right of privacy or right under the General Data Protection Regulation (GDPR) legislation;
  • constitute negligent advice or contain any negligent statement;
  • be in breach of any contractual obligation owed to any person;
  • be untrue, false, inaccurate or misleading;
  • consist of or contain any instructions, advice or other information which may be  acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  • post or transmit information that is in anyway false, fraudulent, or misleading, or engage in  any act that may be considered “phishing” (whether primary, secondary or other) or considered spam, or that would give rise to criminal or civil liability
  • be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
  • cause annoyance, inconvenience or needless anxiety to any person;
  • include content on the Partycloud Platform that breaches any applicable criminal or other laws, or encourages any such breach;
  • be obscene or indecent; or
  • include any pornographic, lewd, suggestive or sexually explicit content.

15.4     Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

15.5     You must not use our Website to link to any website or web page consisting of or containing material that would, were it posted on our Website, breach the provisions of these terms and conditions.

15.6     You must not submit to our Website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

  1. REPORT ABUSE

16.1     If you learn of any unlawful material or activity on our Website, or any material or activity that breaches these terms and conditions, please let us know.

16.2     You can let us know by emailing us or by calling – contact details are on the Website.

  1. INDEMNIFICATION

17.1     By agreeing to these terms of use you agree to indemnify, defend and hold Partycloud and its parents, affiliates, subsidiaries, licensors and assigns and each of their respective employees, officers and directors harmless from and against any third party claims alleged claims, demands, causes of action, judgement damages, losses, liabilities and all costs and expenses of defence, including without limitation, reasonable legal fees, arising out of or relating to any breach by you of these terms or use of the Website by you or via any hardware owned or controlled by you.

17.2     In relation to third party claims you will cooperate as fully and as reasonably required in Partycloud’s defence of any claim. Partycloud reserves the right at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without Partycloud’s written consent.

  1. LIMITATIONS AND EXCLSUIONS OF LIABILITY
  • You shall not directly or indirectly:
    • Except as permitted, with respect to the Website, its content, and databases comprised in the Website, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
    • Use the Website for purposes other than those referred to in these Terms of Use;
    • Use the Website or the tools and services on the Website for the purpose of offering a service for a hire other than a Service under a valid Profile;
    • reproduce any portion of the Website on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Website, or any other framing technique to enclose any portion or aspect of the Website, or mirror or replicate any portion of the Website;
    • Upload or send to the Website any contents or programs, which on account of their size or nature, might damage Partycloud’s computers or networks;
    • Use or access the Website in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus” includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk);
    • Refer to Partycloud in any way that might lead someone to believe that the Supplier, any Service, Advert or linked website is sponsored by, affiliated with, or endorsed by Partycloud.
    • Monitor content on the Partycloud Platform by means of robots, spiders, or other automatic instruments
  1. PARTYCLOUD'S LIMITED LIABILITY

19.1     You acknowledge that you use the Website at its own risk and that, subject to the limitations set out herein, Partycloud shall not be liable for any loss (whether direct, indirect, incidental or consequential damages) resulting from your use of the Website. In the event of breach by Partycloud of these Terms of Use your remedies shall be limited to damages which shall in no circumstances exceed the Fee.

19.2     Partycloud makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions or statements contained on the Website. Reference to any product or third party does not constitute or imply its endorsement or recommendation by us. Views and opinions of Customers of the Partycloud Platform do not necessarily state or reflect ours.

19.3     Nothing in these terms excludes or limits Partycloud's liability for death or personal injury arising from Partycloud's negligence, or Partycloud's fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

19.4     To the extent permitted by law, Partycloud excludes all conditions, warranties, representations or other terms which may apply to the Partycloud Platform or any content on it, whether express or implied.

19.5     Partycloud makes every effort to check and test the Partycloud Platform however it does not guarantee that it will be secure or free from viruses or bugs. Partycloud cannot accept any responsibility for any loss, disruption or damage to your data or computer system which may occur whilst using the Partycloud Platform.

  1. BREACHES OF THESE TERMS AND CONDITIONS
  • Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may with or without notice:
    • send you one or more formal warnings;
    • temporarily suspend your  access to our website;
    • permanently prohibit you from accessing our website;
    • block computers using your IP address from accessing our website;
    • contact any or all your internet service providers and request that they block your access to our website;
    • commence legal action against you, whether for breach of contract or otherwise; and/or
    • suspend or delete your account on our website.

20.2     Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

  1. THIRD PARTY WEBSITES

21.1     Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

21.2     We have no control over third party websites and their contents, and subject to Section 18.3 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

  1. THIRD PARTY RIGHTS

22.1     These terms and conditions are for our benefit and your benefit and are not intended to benefit or be enforceable by any third party.

22.2     The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

  1. COPYRIGHT NOTICE

23.1     All content that appears on the Partycloud Platform, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software, clips and other elements making up the Partycloud Platform, are protected by copyright, database, trademarks and other intellectual property rights owned and controlled by Partycloud or by other parties that have licensed or otherwise provided their materials to Partycloud. Reproduction of the Partycloud Platform by any means, in whole or in part, including the copying of text, graphics or designs, is prohibited.

  1. COMPETITIONS

24.1     From time to time we may run competitions, free prize draws and/or other promotions on our website.

24.2     Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.

24.3     No responsibility can be accepted for entries not received for whatever reason.

24.4     The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

24.5     The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

24.6     The prize is as stated and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

24.7     Winners will be chosen at random from all entries received and verified by the Promoter; alternatively, we reserve the right to decide on the best comment/picture for such competition purposes – this is reliant and/ or relevant on the nature of competition being offered. We reserve the right to make decisions based on the competition in question.

24.8     The winner will be notified by email within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.

24.9     The promoter will notify the winner when and where the prize can be collected/is delivered.

24.10   The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

24.11   The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current [UK] data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

24.12   Entry into the competition will be deemed as acceptance of these terms and conditions.

  1. YOUR PRESONAL DATA

25.1     By agreeing to these Terms and using the Partycloud Platform, you consent to the collection and processing of your personal data as described herein.

25.2     You have the right to request access to, rectification of, or erasure of your personal data, or to object to the processing of your personal data under GDPR. Full details of your rights and how we use your data can be found in our Privacy Policy, which forms part of these Terms.

25.3     We will only retain your personal data for as long as is necessary for the purposes set out in this agreement, or to comply with our legal obligations.

25.4     We will not sell or rent your personal data to third parties. We may share your data with trusted service providers (such as our payment processor) where required to operate the Partycloud Platform and only under appropriate data protection agreements.

25.5     We will collect, process and store personal data provided by you solely for the purposes of providing the Partycloud services, administering your account, processing payments, enabling communication between Suppliers and Customers, and managing our relationship with you.

  1. DATA PROTECTION & GDPR

26.1     Partycloud Ltd is committed to protecting your privacy and handling your personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (EU) 2016/679 ("GDPR") and the Data Protection Act 2018.

  1. VARIATION

27.1     We may revise these terms and conditions from time to time.

27.2     The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions. We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

  1. ENTIRE AGREEMENT

28.1     Subject to Section 18.3, these terms and conditions, together with [our privacy and cookies policy], constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.

28.2     If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

28.3     If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. GOVERNING LAW AND JURISTICTION

29.1     These Terms of Use are governed by English law and all disputes are subject to the exclusive jurisdictions of the courts of England and Wales.

29.2     Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

  1. STATUTORY AND REGULATORY DISCLOSURES

30.1     We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

30.2     These terms and conditions are available in the English language only.

30.3     The section titles in these terms are for your convenience only and do not have any legal or contractual effect.

30.4     No waiver of any of these terms shall be of any force or effect unless made in writing and signed by one of our duly authorized officers.

30.5     Partycloud will not be responsible for any breach of these Terms of Use caused by circumstances beyond its reasonable control, including without limitation, acts of god, war, terrorism or technical difficulties.