Terms & conditions
IBidU End-User License Agreement
The following is the End-User License Agreement (“Agreement”) for the iBidYou website and iBidU mobile phone application. Please read this document carefully before you use the iBidYou website or iBidU mobile phone application (the ‘App’).
By using the iBidYou website or iBidU App you accept this Agreement. If you do not accept the Agreement you must not use the iBidYou website or iBidU mobile phone application.
This Agreement is made between you the customer ("Customer") and Adrian Harris trading as iBidU and iBidYou, at 15 Bolton Gardens, London SW5 0AL, UK ("iBidU"); email: firstname.lastname@example.org;
iBidU (referred to in this document as "Us", "We" or "iBidU" or “iBidYou”) is a mobile phone application that lets you (the Customer) bid for Table Space in places including, but not limited to, bars, clubs and pubs in exchange for payment to the current occupant of the Table Space less a transaction processing fee paid to iBidU.
In this Agreement, unless the context otherwise requires:
"Alert" means the service that the Customer may register for on the IBidU App which is designed to notify the Customer about, amongst other things, bids by others for Table Space and offers by others for Table Space, and a history of this activity having occurred at a given location / venue;
"Internet" means the global data network comprising interconnected networks using the TCP/IP ("Transmission Control Protocol/Internet Protocol");
"Law" means any law, statute or regulation, guideline or code of conduct (whether or not having the force of law) in any jurisdiction to which IBidU or the Customer is from time to time subject;
"Service" means the service provided by IBidU via the IBidU App whereby the Customer may (i) bid for Table Space and/or offer their Table Space in exchange for payment to the other party less a transaction processing fee paid to iBidU and (ii) receive bids and offers of the same nature from others, with the iBidU App acting as a marketplace to connect people wishing to make or receive payment in exchange for Table Space at places including but not limited to bars, clubs and pubs;
"Software" means any proprietary software utilised by IBidU to enable the Customer to use the Service.
“Licensed Application” means the use of the Service under a non-exclusive non-transferable licence to use the Software solely in executable form and only to the extent necessary for use of the Service and for no other purpose
“Table Space” means seating space which may be at a table or similar, including but not limited to seating at a place whether or not associated with a table or similar
IBidU reserves the right to amend this Agreement at any time. All amendments to the Agreement will be posted on-line. If you are using the App you will be notified to changes in the Agreement after downloading a new version of the application.
Your continued use of the Service or the IBidU website or App means that you have accepted any change in the Agreement.
2. CUSTOMER'S OBLIGATIONS
The Customer shall not do anything that affects the integrity or security of the website or App or causes or may cause harm, damage or unreasonable inconvenience to other users of this website or mobile phone application.
The Customer must use the IBidU website and App for legitimate personal use only. Any other use shall constitute a breach of this End User License Agreement.
The Customer acknowledges that the Customer will be required to fully and accurately complete a registration process, which will include amongst other things the creation of a password, in order to have access to the IBidU mobile phone application.
The Customer acknowledges that the purpose of the IBidU Service is to connect members of the public who wish to obtain Table Space at a venue with those who currently occupy it in exchange for payment. It is a condition of use of this Service that the Customer provides IBidU with correct Customer contact details, including an email address that is valid and accessible to the Customer.
It is the Customer’s responsibility to ensure that they are using the latest version of the IBidU App and/or web browsers in order to avail themselves of the latest security standards and functionality enhancements.
The Customer warrants that all information provided on registration and during the course of this Agreement is true, complete and accurate and that the Customer shall promptly inform IBidU of any changes to such information by logging into the App or website and providing the relevant updates.
Any password allocated to or created by the Customer to enable the Customer to use the Services shall be kept confidential by the Customer and the Customer shall immediately change their password if they have reason to believe that an unauthorised third party has become aware of that password.
The Customer shall take reasonable steps to prevent unauthorised access to their account via any computer or mobile device the Customer uses to access their account.
The Customer warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
The Customer acknowledges and agree that Apple and Google, and Apple and Google’s subsidiaries respectively, are third party beneficiaries of this End User License Agreement (EULA), and that, upon the Customer’s acceptance of the terms and conditions of the End User License Agreement Apple and/or Google will have the right (and will be deemed to have accepted the right) to enforce the EULA against the Customer as a third party beneficiary thereof.
The Customer acknowledges that the EULA is concluded between IBidU and the Customer only, and not with Apple and/or Google, and that IBidU, not Apple or Google, are solely responsible for the IBidU Licensed Application and the content thereof.
3. IBIDU RESPONSIBILITIES
IBidU is solely responsible for the maintenance and support services with respect to the website and mobile phone application.
IBidU will use reasonable endeavours to provide the Service and Alerts and to facilitate Table Space exchanging transactions. IBidU is entitled to rely on technology infrastructure provided to iBidU by Apple, Google, and others in providing the Service.
IBidU will use reasonable endeavours to notify Customers of relevant security and functionality enhancements to the IBidU mobile phone application.
IBidU is solely responsible for any product warranties to the extent not effectively disclaimed under Section 7. Should the mobile application not conform to any applicable warranty you may notify Apple or Google, and Apple or Google respectively will refund the purchase price, if any, for the IBidU App to you. To the maximum extent permitted by applicable law, neither Apple nor Google will have any other warranty obligation whatsoever with respect to the IBidU application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be IBidU’s sole responsibility.
IBidU is solely responsible for the investigation, settlement and discharge of any third party intellectual property infringement claim.
IBidU acknowledges and agree that Apple and Google, and Apple and Google’s subsidiaries respectively, are third party beneficiaries of this EULA, and that Apple and/or Google will have the right (and will be deemed to have accepted the right) to enforce the EULA against the Customer as a third party beneficiary thereof.
IBidU acknowledges that the EULA is concluded between IBidU and the Customer only, and not with Apple or Google, and that IBidU, not Apple or Google, are solely responsible for the IBidU Licensed Application and the content thereof.
4. CANCELLATIONS, REFUNDS & COMPLAINTS
Cancellation & Refunds
You may cancel at any time a bid or offer which has not yet been accepted by another party - to do so, select you bid or offer where listed on the iBidU app's home page, and selecting 'Cancel Bid' or 'Cancel Offer' in the dialog which you are presented with.
If you leave the venue after submitting a live bid or offer which has not yet been accepted by another party, after a short while your bid or offer will be automatically cancelled.
If you submit a bid or an offer and it is initially accepted by another party, as is clearly stated on each relevant screen of the app, no payment changes hands until the party receiving table space has approached the party delivering table space and both confirm their wish to proceed at the moment of exchange. The paying party does so by pressing the button showing their selected payment method, e.g. PayPal. Up until this moment, either party may still cancel the pending transaction at no cost.
If a transaction has taken place and payment has been made:
We aim to provide a fair deal to users of the iBidU services. For the service to work well for everyone, we rely on people keeping their promises.
A transaction completed through the App is de facto delivered at the time of completion through the user receiving payment vacating the number of seats in the specified transaction. The user being paid warrants that they are able to deliver the number of seats they are being paid for.
A user may cancel a transaction within 5 minutes of its taking place, which is when you authorise payment. To cancel a transaction, go to your user Account page in the iBidU app, select 'Transaction Details', select your most recent transaction form the list and on the Transaction Detail screen which appears, click 'Cancel Transaction'.
Upon cancellation, we will process your refund within 3 working days.
An example of a legitimate reason for wishing to cancel a transaction completed through the App and obtain a refund is if at the last minute, further to your making payment, the other party fails to vacate their seat.
If more than 5 minutes has elapsed since the transaction was completed, you may still dispute the transaction if you believe you have a legitimate reason for doing so. To dispute a transaction, simply click 'Dispute' which will have replaced 'Cancel Transaction' in the Trasnaction Detail screen as referred above.
Please be aware that your and the other user’s activity is logged by the app in and around the time of the transaction, including but not limited to your relative locations in and around that timeframe, and we may apply an algorithm to automate the process of determining the authenticity or otherwise of any disputed transaction or claim for refund, although a cancellation will be refunded in any event so long as it is applied for within 5 minutes, as referred above.
Any users who continually cancel, without good reason, bids or offers once accepted but not yet paid for by another user, or who cancel a paid transaction and are then refunded in circumstances where their logged location information strongly indicates they duly received and enjoyed the benefit of the table space the payment for which they were later refunded after cancelling the transaction, or who undertake or engage in antisocial or apparently dishonest behavior in and/or through the App may be banned from further usage of the App, on a temporary or permanent basis, in our sole discretion.
Complaints Procedure - what to do if you have a complaint against IBidU?
IBidU aims to provide a high level service to all our customers but occasionally things can go wrong. When this happens we will do what we can to put things right and assist you.
If you have a complaint about our service, please contact us through the ‘Contact Us’ sections on the website and/or through the App.
Please include your name and address, a contact telephone number, your email address and details of why you are unhappy. This will help us to respond to you as quickly as possible. If we do not have enough information to investigate your complaint we will try and contact you to ask for further details.
If we are unable to resolve your complaint by the close of business the next working day, we will send a written acknowledgement of your complaint to you within 5 working days of its receipt. In our acknowledgement we will advise you of the name and job title of the person who will be dealing with your complaint.
If after contacting us you are not satisfied please write to our Customer Relations Manager at the address shown below.
Please address your letter to:
Customer Relations Manager
15 Bolton Gardens
London, SW5 0AL
For the purposes of handling complaints our working day is 9am to 5pm Monday to Friday, excluding Bank Holidays.
By the end of eight weeks after receipt of your original complaint letter we will send you a final response or a letter explaining why we are still not in a position to issue a final response and advising you of when we expect to be able to do so.
5. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements) whether registered or unregistered) in the IBidU website or mobile phone application, information and content on the IBidU website or mobile phone application, any database operated by IBidU and Software shall remain the property of IBidU and the Customer shall not obtain, and shall not attempt to obtain any title to any such intellectual property rights.
No part of the Service may be reproduced in any form or used in any other way except in accordance with these terms and conditions.
IBidU and the IBidU logo are trademarks of Adrian Harris. You must not use these or any other registered or unregistered trade marks on the Service without the prior written permission of IBidU.
IBidU grants the Customer a non-exclusive non-transferable licence to use the Software solely in executable form and only to the extent necessary for use of the Service and for no other purpose.
IBidU shall be entitled to suspend the Services and/or terminate this Agreement if:
(i) the Customer commits a breach which in IBidU’s reasonable opinion is serious enough to merit immediate termination; or
(ii) the Customer commits any breach of these terms and in the case of a breach which is capable of remedy, fails to remedy the same within 7 days after receipt of a notice giving particulars of the breach requiring it to be remedied; or
(iii) IBidU suspects on reasonable grounds that the Customer may have committed or be committing any fraud against IBidU or any Supplier.
The right to terminate this Agreement shall not prejudice any other right or remedy of IBidU in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
7. CUSTOMER BREACH
The Customer shall compensate IBidU in full for each loss, liability or cost incurred by IBidU arising out of:
(i) any claims or legal proceedings arising from the Customer's use of the Services or use of the Services through the Customer's password which are brought or threatened against IBidU by any other person; or
(ii) any breach of this Agreement by the Customer.
These terms shall not prejudice any other right or remedy of IBidU in respect of any breach or any rights, obligations or liabilities accrued prior to termination. IBidU reserves the right to take action as appropriate, including denying Customer access to this website or mobile phone application, bringing legal proceedings against Customer and disclosing such information to appropriate legal and/or regulatory bodies.
8. LIMITATION OF LIABILITY
Nothing in these terms and conditions limits or excludes the liability of IBidU for death or personal injury caused by IBidU's negligence or any other liability which may not be limited or excluded under applicable law.
IBidU will use its reasonable endeavours to ensure that information provided to it by other users of the Service is accurate but IBidU does not guarantee the accuracy, completeness, legality or suitability for the Customer's needs of any information which is provided to the Customer by any other users of the Service and/or is accessed or obtained by the Customer via the IBidU website or mobile phone application, the IBidU call centre or otherwise through using the Service.
You agree that IBidU will not be liable for any loss, claim or damage (whether direct or indirect) which arises out of or is in any way connected with:
(i) any use of the Service, the IBidU website or its contents;
(ii) any failure or delay in any component of the IBidU website, the mobile phone application, the provision of the Service, the provision of Alerts or the provision by any Supplier of its goods, products or services to the Customer (including, without limitation, where the Customer has a delayed or failed exchange of Table Space with another user of the Service, voucher, reduced price tariff or other reward or incentive which he or she may have otherwise been entitled to from a Supplier were it not for the failure or delay);
(iii) any use of or reliance upon any information, material, software, products or services obtained through the IBidU website, the IBidU call centre or otherwise through using the Service (including, without limitation, any information, material, software, products or services of any Suppliers); or
(iv) any transaction or agreement between the Customer and any Supplier or any attempt to enter into a transaction or an agreement with any Supplier, in all cases even if IBidU has been forewarned of the possibility of such loss or damage.
9. DATA PROTECTION
10. NO PARTNERSHIP / AGENCY
Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between the Customer and IBidU and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
The Customer shall not assign or delegate or otherwise deal with all or any of its rights or obligations under this Agreement. IBidU shall have the right to assign or otherwise delegate all or any of its rights or obligations under this Agreement to any person or entity.
12. FORCE MAJEURE
IBidU shall not be liable for any breach of its obligations under this Agreement where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including without limitation by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
13. ENTIRE AGREEMENT AND NO WAIVER
This Agreement represents the entire understanding between the parties in relation to the subject matter herein and supersedes all other agreements or representations by either party, whether oral or written.
No waiver by IBidU of any future defaults, whether of a like or different character, no granting of time or other forbearance or indulgence by IBidU to the Customer shall in any way release, discharge or otherwise affect the liability of the Customer under this Agreement.
14. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of England and Wales and both parties hereby submit to the non-exclusive jurisdiction of the courts of England and Wales.