If you are looking for event services, we can help you find the best suppliers for your event. If you are a supplier, we offer you the chance to list your services and link with new customers.
References in this Agreement to ‘event organiser’ means anyone procuring services from a supplier registered with Tbaysoft. References to ‘supplier’ mean any provider of services registered with Tbaysoft.
- Acceptance of this Agreement
This User Agreement (‘Agreement’) sets out the terms under which we allow you to access and use this website so please read what follows carefully. By continuing to use this website, you acknowledge that you do so at your own risk and you agree to be bound by this Agreement. If you do not agree to the terms contained here, you should not continue to use this website.
- Changes to this Agreement
2.1. We may modify this Agreement from time-to-time, and without prior notice to you. Tbaysoft will post notification of such changes on the website, so please check back here regularly for updates.
2.2. Amendments will become effective fourteen (14) days after they are posted on the website. If you do not agree to any such changes, you should not continue to access or use the website.
- Policies incorporated in this Agreement
Please review Tbaysoft Privacy & Cookie Policy, which forms part of this Agreement, and sets out how Tbaysoft collect and use your personal information.
- Access to this Website
Access to and use of this website is available only to individuals who are at least 18 years old and can form legally binding contracts. By accessing or using the website, you confirm that you are so eligible.
- Warranty and Acknowledgement
By registering or using the website:
5.1. all users:
5.1.1. understand and acknowledge that Tbaysoft is a digital platform for connecting event organisers and suppliers and is not a supplier or organiser of event services in its own right of any kind and does not handle bookings between suppliers and event organisers; and,
5.1.2. acknowledge and agree that suppliers, not Tbaysoft, are responsible and liable for the provision and delivery of the event services, and for complying with all requirements in connection with those services.
5.2. Suppliers in seeking to offer, post or provide event services, confirm that they, and anyone who may perform work for them, are properly and fully qualified and experienced, and licensed and insured, as required by the laws or regulations applicable to the event services which they may be offering and in relation to the specific job(s) they are performing for event organisers.
5.3. Suppliers understand and agree that sending a quote does not guarantee the quote will be read, and using the Website does not guarantee they will be engaged by event organisers for work.
5.4. Organisers understand that submitting a valid quote request does not necessarily guarantee a response or that a suitable quote for event services will be received.
- Account Registration and Business Process
6.1. To access certain features of the website, you will need to create a password-protected account.
6.2. You agree to provide accurate information during the registration and at all other times when you use the website, and to update information to keep it accurate.
6.3. You are solely responsible for safeguarding your Tbaysoft password and for all activity that occurs on your account, and you will notify Tbaysoft immediately of any unauthorised use. Tbaysoft is not liable for any losses by any party caused by an unauthorised use of your account, but you may be liable for the losses of Tbaysoft or others due to such unauthorised use.
6.4. Following registration:
6.4.1. if you are a supplier, you will be asked to upload and add information about your event services, which will then be searchable on the website. You will receive notification of quote requests from event organisers, depending on your account settings.
6.4.2. if you are an event organiser, you will be able to complete a quote request and will then receive quotes from suppliers registered on the website.
6.5. Event organisers can accept one or more quotes from suppliers (depending on the requirements for the event). Users acknowledge and agree that Tbaysoft is not a booking service, and the quotation process on this website is intended for establishing contact only. Acceptance of a quote by an event organiser does not constitute a binding legal agreement with the supplier. Once a quote is accepted, the event organiser and supplier must then negotiate and agree terms of business between themselves and accept full responsibility for this.
- Our Content
The website and its content are provided to you ‘as is’, and without any warranty of any kind. If you download or print a copy of our content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Tbaysoft or its licensors, except for the licenses and rights expressly granted in this Agreement. You may not reproduce this website or any of its content without our express prior written consent.
- User Content
8.1. We may, in our sole discretion, permit you to upload or submit user content on the website and you grant to Tbaysoft the right to use such user content to promote the website or event services, or for any other purpose as we see fit.
8.2. For the avoidance of doubt, the rights granted to Tbaysoft in this clause 8 shall survive closure of the website or termination of your account, for any reason.
8.3. You acknowledge and agree that you are solely responsible for all user content that you make available on or through the website.
8.4. Tbaysoft reserves the right, at any time and without prior notice, to amend, remove or disable User access privileges in regard to user content for any reason or no reason.
8.5. You also agree that Tbaysoft may re-publish any information, graphics and data from your own website and other marketing materials.
8.6. You agree that Tbaysoft may proofread, summarise or otherwise edit and/or withdraw Content provided by you, but we are not responsible or liable for the accuracy of your Content. You understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in this Agreement.
- User Restrictions
Users may not:
9.1. use another person's account;
9.2. contact or communicate with any other user for the purposes of organising, managing or facilitating events other than via this website (except where communicate is regarding an event relating to an accepted Quote Request);
9.3. instruct or engage a user, whether directly or indirectly, in regard to any future events outside this website;
9.4. misrepresent yourself or the event services offered by you through the website;
9.5. misrepresent your identity or qualifications;
9.6. misrepresent an event or other information in a quote request or seek quotes for non-existent events;
9.7. post content in any inappropriate category or areas on the website;
9.8. use any automated system including but not limited to robots, spiders, offline readers, scrapers to access the Website or contact our Users for any purpose without Tbaysoft's prior written approval;
9.9. fail to perform or deliver event services as promised;
9.10. take any action that:
9.10.1. may unreasonably encumber the Website's infrastructure;
9.10.2. interferes or attempts to interfere with the proper working of the Website or any third-party use;
9.10.3. bypasses measures that are used to prevent or restrict access to the Website;
9.10.4. circumvents, disables or otherwise interferes with security features of the Website;
9.10.5. distributes viruses or any other technologies that may harm Tbaysoft or users;
9.10.6. uses the Website in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or,
9.10.7. circumvents or manipulates our fee structure or moneys owed to us.
- Fees
10.1. In connection with use of Tbaysoft website, Add to Event does not charge fees to event organisers.
10.2. Tbaysoft will charge suppliers commission on bookings.
10.3. Fees for additional products or services (if applicable) will be shown in policies or terms provided to you before you use such paid-for products or services.
10.4. Suppliers agree to pay all applicable fees or charges based on the payment terms then in effect, regardless of whether you have an active account, and without any right of deduction or set-off. Charges shall be made via our online payment provider.
10.5. All payments to Tbaysoft will be via our online payment provider, to whom you will provide your debit or credit card number and contact information. The online payment provider will securely hold your card details in order to facilitate future purchases.
10.6. The online payment provider has its own privacy and data collection practices and we have no responsibility or liability for these. For your reassurance, Stripe is a PCI Level 1-compliant Service Provider that exceeds all industry-standard payment security practices. Further details can be found at https://stripe.com/docs/security/stripe.
10.7. All payments are final and will not be refunded, unless specifically agreed by us to the contrary. If you have a question about a charge on your credit or debit card, you agree to contact us using the form available on our Contact Page.
10.8. If you believe you have been incorrectly charged for a service you must contact us (via the Contact Page) and leave at least forty-eight (48) hours for a response before taking further action. In the event a payment is to be refunded any chargeback requests with banks or card issuers must be closed before a refund can be processed.
10.9. You expressly agree that all communication in relation to accounts in arrears or Fees due will be made by electronic mail or by phone. Such communication may be made by Tbaysoft or by anyone on its behalf, including but not limited to a third party collection agent.
10.10. Should you at any time cancel your account, you will not receive any refund.
10.11. You understand and agree that you are solely responsible for determining your own tax requirements in consultation with tax advisers, and that we cannot and do not offer specific tax advice to either Suppliers or event organisers.
- Disputes Between Users
Tbaysoft values our users, and we understand that occasionally disputes may arise between them, however Tbaysoft accepts no liability or responsibility for the resolution of such disputes, which must be resolved between the parties.
- Intellectual Property Rights
Tbaysoft content and the website is exclusively owned by Tbaysoft.
- Reviews
13.1. You acknowledge and agree that all reviews you submit to Tbaysoft about Suppliers are the sole and exclusive property of Tbaysoft. You hereby irrevocably assign to Tbaysoft all of your copyright and other intellectual property rights in and to all reviews.
13.2. Tbaysoft shall have no obligation concerning the reviews, including but not limited to no obligation to acknowledge receipt of reviews.
13.3. You represent and warrant that your reviews do not breach the rights of any other person or entity and you indemnify us and hold us harmless in respect of any financial damages, claims, losses or penalties that may arise as a result of the content of your reviews. This clause 13 shall survive any termination of your account or the website.
13.4. Notwithstanding clause 13.2 above, we reserve the right to remove from the website any Review for any reason without notice.
13.5. In the event that we believe (to our reasonable satisfaction) that a review has been fabricated for the purpose of misleading our users or otherwise has not been posted in good faith, in addition to deleting the Review, we reserve the right to de-activate your listing and account and bar you from further use of the website.
- No Endorsement
14.1. Tbaysoft does not endorse any supplier or Event Service, and Tbaysoft is not a party to any agreements between or among Users or third parties.
14.2. No agency, partnership, joint venture, or employment is created between Tbaysoft and any User as a result of this Agreement or any User's use of any part of the Website, including but not limited to any event services.
14.3 Users are required by this Agreement to provide accurate information. Tbaysoft is under no obligation whatsoever to undertake additional checks and processes to verify the identities, backgrounds or credentials of Users, nor do we make any representations about, confirm, or endorse any User or their purported identity, background or credentials, regardless of the specific Tbaysoft services they are using or any involvement by Tbaysoft personnel in providing or scheduling those services.
14.4 You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other User. Tbaysoft is not responsible for any damage or harm resulting from your interactions with other Users and is not responsible for undertaking due diligence on Users. Please note in particular that we are unable to fully verify all requests that are sent through the system. Suppliers are responsible for carrying out due diligence before entering into any type of financial transaction including the outlay of money for pitch fees or materials required for carrying out a job.
14.5 The Website may contain links to third-party websites, offers, or other events/activities not owned or controlled by Tbaysoft. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.
14.6 By using the Website, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Tbaysoft with respect to such actions or omissions.
- Termination
15.1. We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your Tbaysoft account in whole or in part. If we exercise our discretion under this Agreement to do so, any or all of the following can occur with or without prior notice or explanation to you:
15.1.1. your account will be deactivated or suspended, your password will be disabled, and you will not be able to access the website or your user content, or receive assistance from Tbaysoft support teams;
15.1.2. if appropriate in our sole discretion, we may communicate to other users that your account has been terminated, and why it has been terminated; and,
15.1.3. you will not be entitled to any compensation for website services or event services cancelled or delayed or as a result of account termination.
15.2. You may de-activate your account at any time from within your account. Please note that if your account is de-activated, we do not have an obligation to delete or return to you any content you have posted to the website, including, but not limited to, any reviews, nor will you be entitled to a refund of any fees paid.
- Circumstances Outside the Control of the Parties
Other than payment obligations, neither Tbaysoft nor you shall be liable to the other for any delay or failure in performance under this Agreement arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
- Rights of Third Parties
No part of this Agreement is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
- Notices
You agree that Tbaysoft may provide you with notices by email, regular mail, or postings on the website at our discretion.
- Entire Agreement
This Agreement, together with the Privacy & Cookie Policy and any other legal notices or additional terms and conditions or policies published by Tbaysoft on the website, shall constitute the entire agreement between you and Tbaysoft concerning the website or event services obtained through the website. Except as explicitly stated herein, if any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
- No Waiver
No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Tbaysoft's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
- Governing Law & Jurisdiction
This Agreement and the relationship between you and Tbaysoft shall be governed in all respects by English law and the parties to this Agreement submit to the exclusive jurisdiction of the courts of England & Wales.
- Contact Information
If you have any questions about this Agreement or the website, please contact us by sending an email to info@osess.co.uk, or by writing to Tbaysoft LTD 146-148 Newington Butts, London, SE11 4RN