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Terms & Conditions

The Terms and Conditions set out below apply to the provision of our catering services, including any consultancy and project management services, or any Services as set out in a Proposal.

Eat To The Beat (“ETTB”) is a trading division of Global Infusion Group Limited, a company registered in England and Wales under company number 02634604, with its registered office at Global Infusion Group, Unit 1 Symmetry Park, Samian Way, Aston Clinton, Buckinghamshire, HP22 5WJ. The company VAT number is 706 9360 27. ETTB operates the website www.eattothebeat.com

DEFINITIONS

In these Terms and Conditions and the Agreement the following expressions shall have the following meanings:

“Additional Costs” means such additional costs attributable to the provision of Additional Services to the Customer by ETTB together with ancillary charges for delivery and collection of supplies, storage, corkage and handling charges that may be charged by ETTB from time to time (which shall include VAT where applicable and/or other taxes, duties and appropriate other charges) details of which will be set out in the relevant Invoice.
“Additional Services” means any additional services ETTB may agree to provide to the Customer in accordance with Clause 6 of these Terms and Conditions, which are not set out in the description of Services in a Proposal and/or Booking Confirmation.
“Agreement” means an agreement entered into between ETTB and the Customer for the provision of Services incorporating these Terms and Conditions including the BES Booking Confirmation, any Proposal and Invoices.
“Business Day(s)” a day (other than a Saturday, Sunday or public holiday) when banks in England, United Kingdom, are open for business.
“Booking Confirmation” means the confirmation of a BES (in whatever form), incorporating the terms of a Proposal (if issued) or the terms on which ETTB shall provide the Services to the Customer, as issued by ETTB to the Customer in accordance with Clause 2.5.
“Booking Event Schedule”, “BES” means ETTB’s confirmation of details relating to a booking of an Event, based on a Proposal and/or issued by ETTB.
“Customer” means the customer named in the Proposal and/or Booking Confirmation purchasing the Services.
“Deposit Invoice” means an invoice for the deposit paid or payable in respect of the Services.
“Event” means an event, or events, in respect of which the Services are to be provided, as identified in a Proposal and/or a Booking Confirmation.
“Event Date” means the date and time of the Event specified in the Proposal and/or Booking Confirmation.
“Event Plan” the description or specification of the Services provided in respect of an Event(s), set out in writing by ETTB to the Customer including the cost summary applicable for such Services.
“Facilities” means the facilities and/or equipment to be provided by or on behalf of the Customer at the Premises on the Event Date.
“Materials” has the meaning given in Clause 4.1.5.
“Invoice” means any invoice issued and/or despatched to the Customer detailing the Services, the Price, Additional Services and any Additional Costs, including a Deposit Invoice.
“Intellectual Property Rights” patents, rights to inventions, copyright, related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off rights in designs, database rights, rights in software, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Price” means the price to be paid by the Customer to ETTB for the Services as specified in the Proposal and/or Booking Confirmation, which shall exclude VAT where applicable and/or other taxes, duties and appropriate other charges, as varied in accordance with these Terms and Conditions.
“Premises” means the premises and/or venue specified in the Proposal and/or Booking Confirmation at which the Services are to be provided.
“Proposal” means the proposal of ETTB in relation to the Services, including the quotation for the Price, as agreed between the Customer and ETTB which forms the basis of a BES.
“Services” means the Services set out in a Proposal and/or Booking Confirmation, together with any Additional Services to be provided to the Customer by ETTB, under the terms of the Agreement.
“Terms and Conditions” means the terms and conditions set out in this document which are incorporated into an Agreement entered into between the Customer and ETTB following a Proposal and/or issue of a Booking Confirmation.
“Third Parties” means third parties who may provide other services or products to a Customer, whether at the Premises or otherwise, and who contract directly with the Customer for the provision of those services or products.
“VAT or Value Added Tax” means value added tax under the Value Added Taxes Act 1994, or any similar sale or fiscal tax applying to the sale of goods or services

APPLICATION OF TERMS

It is anticipated that where a Customer indicates that it wishes to be provided with Services by ETTB, ETTB shall design and deliver a Proposal to the Customer in relation to the provision of the proposed Services. Where a Customer wishes to proceed with the provision of the Services outlined in a Proposal (once the scope of the Proposal has been approved by the Customer), then a Customer shall confirm this to ETTB and ETTB shall issue a BES for that Proposal in accordance with this Clause 2, whether over the telephone or by email.
Each confirmation from the Customer that it wishes to proceed with a Proposal for provision of the Services under that Proposal shall be deemed to be an offer by the Customer to purchase those Services subject to these Terms and Conditions.
Any Proposal is given on the basis that it is an offer capable of acceptance, and is only valid for a period of 30 Business Days from its date of issue.
Once the final Proposal is approved by the Customer in accordance with Clause 2.1, ETTB may despatch the Deposit Invoice, or full Invoice for the Price, depending on how close to the Event Date it is when ETTB issues a Booking Confirmation to the Customer, in accordance with Clause 2.5.
No confirmation by the Customer under Clause 2.1 shall be deemed to be accepted by ETTB until ETTB issues its BES relating to a Proposal, or a Deposit Invoice (or full Invoice for the Price, depending on how close to the Event Date ETTB issues its BES) is issued by ETTB in accordance with Clause 2.4 (a “Booking Confirmation”), whichever is the earlier. Upon Booking Confirmation, the Customer and ETTB shall be legally bound in respect of the supply of Services at the Premises on the Event Date, subject to these Terms and Conditions. If there is any conflict between a Proposal and/or Booking Confirmation, then the terms of a Booking Confirmation shall take precedence over the terms of a Proposal, to the extent that there is any conflict between those documents only.
If the Customer wishes to modify a BES (including changes to numbers of guests, subject to any minimum guest numbers, or minimum Price set out in the Proposal), it is entitled to request to do so provided such request to modify is provided in writing no less than 7 Business Days prior to the Event Date. If the Customer makes such a request and this is agreeable with ETTB, ETTB shall issue a revised Proposal and the Proposal process described in Clauses 2.1-2.5 shall apply to such modified BES.
Subject to any agreed variation under Clauses 2.6 or 2.9, the Agreement will be on these Terms and Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any enquiry, request for Services, specification or other document).
No terms or conditions endorsed upon, delivered with or contained in the Customer’s enquiry, request for Services, specification or other document will form part of the Agreement simply as a result of such document being referred to in the Agreement or being attached to any BES or other documentation forwarded by the Customer in connection with an Event.
These Terms and Conditions apply to the Services provided by ETTB to the Customer and any variation to these Terms and Conditions and any representations about the Services shall have no effect unless set out in the Agreement or as expressly agreed in writing and signed by an authorised representative of ETTB.
The Customer shall ensure that the terms of its request for Services and any applicable specifications are complete, accurate and not misleading.

ETTB’S OBLIGATIONS

1. ETTB shall be responsible for: –
  1. providing the Services in accordance with the Proposal and/or Booking Confirmation in all material respects at the Premises on the Event Date and shall provide the Services with all reasonable care and skill;
  2. ordering and purchasing of all supplies and equipment (other than the Facilities) used by ETTB to provide the Services, such supplies to be ordered in the name and on behalf of ETTB and not the Customer and shall remain the property of ETTB;
  3. procurement, preparation and delivery of food and beverages in connection with the Event, as detailed in a Proposal and/or Booking Confirmation;
  4. providing staff/personnel as is required for the provision of the Services and all administration relating thereto;
  5. paying all suppliers/subcontractors with whom ETTB shall enter into contracts with for supplies in accordance with Clause 3.1.2;
  6. removing ETTB Materials from the Premises upon completion of the Event Date;
  7. effecting and maintaining insurance cover in respect of the following risks arising from the provision of the Services:
    1. employer’s liability cover but not for more than £2 million in respect of any one occurrence or series of occurrences; and
    2. public and product liability (including cover in respect of food poisoning and deleterious substances in foodstuffs and beverages due to the negligence of ETTB) but not for more than £2 million in respect of any one incident or series of occurrences or period of insurance

Notwithstanding any obligation to have insurance in place under this Clause 3.1.7, the Customer acknowledges and agrees that such insurance shall only be required in respect of the Services provided by ETTB and shall not be required in respect of any liabilities arising out of or in connection with the use of the Premises and/or Facilities, which shall be the responsibility of the applicable Third Party.

ETTB shall have the right to make any changes to the Services which are necessary to comply with any applicable law, regulations, code of conduct/practice or safety requirement, or which do not materially affect the nature or quality of the Services, ETTB shall only notify the Customer if such change has a material impact on the provision of the Services. Where such changes are required to comply with applicable laws, regulations, code of conduct / practice and/or safety regulations, ETTB shall be entitled to make applicable changes to the Price, subject to Clause 5.
Specific items on menus, decoration or other items to be supplied by ETTB are subject to market availability and ETTB shall notify the Customer as soon as practicable if any item will not be available on the Event Date.

CUSTOMER’S OBLIGATIONS

1. The Customer grants to ETTB or shall procure the right for ETTB to supply the Services and any Additional Services at the Premises on the Event Date and shall be responsible for:
  1. ensuring the Premises are fit for purpose and enable ETTB to perform the Services in accordance with the Agreement;
  2. where appropriate, preparing the Premises for the supply of the Services;
  3. providing reasonable access and egress to the Premises and/or Event area in order to deliver, install and remove equipment and/or Facilities / Materials. This will include the use of lifts to all floors, the use of loading bays and vehicular access. Additional labour may be required, and ETTB reserve the right to charge for this as Additional Costs. Any access or egress issues must be advised to ETTB in advance of the Event;
  4. obtaining and maintaining all necessary licences, permissions and consents which may be required to enable ETTB to provide its Services at the Premises and within enough time to allow ETTB to set up the Services prior to the Event Date;
  5. keeping and maintaining all materials, equipment, documents and other property of ETTB (“ETTB Materials“) at the Premises in safe custody at its own risk, including keeping the ETTB Materials attended to at all times. The Customer shall be responsible for the security of ETTB Materials, including theft or loss of ETTB Materials whilst in the custody of the Customer, insure such ETTB Materials to appropriate levels, maintain ETTB Materials in good condition until returned to ETTB, and not dispose of or use ETTB Materials other than in accordance with ETTB’s instructions or authorisation;
  6. providing the Facilities and paying all suppliers whom the Customer enters into contracts with to provide the Facilities;
  7. providing ETTB, its employees, agents, consultants and subcontractors, with access to the Premises, office accommodation and other facilities as reasonably required by ETTB;
  8. paying the Price and any Additional Costs in accordance with Clause 5;
  9. providing and maintaining of (renewing and repairing where necessary), or procuring the same for:
    1. first aid and firefighting equipment; together with fire safety plans approved by local and national authorities; and
    2. such other plant or equipment as may be agreed in writing between the Customer and ETTB or as may be reasonably required by ETTB for the provision of the Services;
  10. providing access to clean and potable water, drainage, heating and ventilation, lighting, electricity, gas and any other fuel required together with sewerage and refuse collection facilities; unless specifically otherwise agreed in writing;
  11. all cleaning, including the cleanliness of walls above the level of 6 feet from floor level windows ceilings lighting and ventilation fittings and floor surfaces and furniture in dining areas;
  12. effecting and maintaining all insurance (other than that which is the responsibility of ETTB under Clause 3.1.7 in connection with the Services) including insurance for the Premises and loss or damage to the Facilities, plant and equipment (as appropriate or as otherwise not covered by any other Third Party with whom the Customer contracts); and
  13. ensuring that no smoking is permitted in the Premises in accordance with the Smoke-Free Premises and Enforcement Regulations 2006, or where an Event takes place in another country in accordance with the relevant International regulations of that country.
2. The matters to be undertaken or provided in accordance with Clause 4.1 are to be undertaken and provided at the Customer’s cost and subject to all statutory provisions or regulations relating thereto.
3. The Customer acknowledges that ETTB is relying on the information provided by and the representations made by the Customer about the scope and nature of the required Services. ETTB reserves the right to charge for any Additional Services not anticipated within the scope of the Services set out in the Proposal and/or a Booking Confirmation.
4. The Customer shall procure that all Third Parties with whom ETTB shall be required to work with for ETTB to perform its Services shall cooperate with ETTB in connection with the Services. ETTB shall not be responsible if it cannot perform (or is delayed in performing) the Services due to a Third Party’s acts or omissions.
5. Any Services and/or products provided by Third Parties shall be provided in accordance with those Third Party’s terms and conditions and ETTB shall have no liability whatsoever in relation to or arising out of or in connection with that Third Party’s acts or omissions. Without limiting the generality of the foregoing, ETTB shall have not liability for the provision of, or access to, the Premises and/or the obligation on a Third Party provider of the Premises to use all reasonable skill and care in the provision of, or access to, the Premises, and/or the obligation to have in place appropriate health and safety requirements and/or public liability insurance covering its obligations relating to the Premises and all occupiers or members of the public who enter the Premises.
6. In order to maintain and ensure compliance with food safety hygiene and health and safety legislation and regulations, the Customer shall not itself provide or engage any person organisation or firm other than ETTB to provide Services at the Premises on the Event Date unless agreed in writing by the Customer and ETTB prior to the Event Date.

PRICE AND PAYMENT

1. The Price shall be paid by the Customer to ETTB in cleared funds in accordance with the Proposal and/or Booking Confirmation, or if the Proposal does not set out any payment terms for the Price, as follows (the “Due Dates“) and time for payment shall be of essence:
  1. a non-refundable deposit amount equal to 25% of the Price (which shall be offset against the Price) shall be due upon receipt of the Deposit invoice to secure the booking;
  2. a further payment amount equal to 50% of the Price shall be due 8 weeks (56 days) prior to the Event Date;
  3. the remaining balance of 25%, including any additional agreed services (and Additional Costs) or variations to the Price in accordance with these Terms and Conditions, will be due no later than 4 weeks (28 days) prior to the Event Date.

Notwithstanding Clauses 5.1.1 to 5.1.3 above, ETTB reserves the right to require the Price to be paid in full by the Customer immediately upon respect of the relevant Invoice.

1. Any rates, Prices and discounts stated in catalogues, lists, mail shots, advertisements and other documents generally issued by ETTB are subject to variation at any time without prior notice.
2. If any instalment of the Price is not paid in full by any of the Due Dates, ETTB may (in its discretion):
  1. cancel or suspend commencement of the Services;
  2. remove any Price or payment benefits that may have been provided to the Customer within the Proposal; and
  3. charge the Customer interest (both before and after any judgment) on the outstanding amount at a rate of 4% per annum above the base rate of the National Westminster Bank from time to time, until payment is made in full (a part of a month being treated as a full month for the purposes of calculating interest).
3. All amounts payable by the Customer under the Agreement are exclusive of amounts in respect of value added tax chargeable for the time being (“VAT”). Where any taxable supply for VAT purposes is made under the Agreement by ETTB to the Customer, the Customer shall, on receipt of a valid VAT Invoice from ETTB, pay to ETTB, such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time payment is due for the supply of the Services.
4. Except with the express agreement in writing of ETTB, no deduction shall be made by the Customer from any payment for or on account of any matter or thing whatsoever including, but not limited to any set-off, compensation, counter-claim or present or future taxes. This Clause 5.5 shall not apply to any Customers acting as a consumer.
5. The Customer shall reimburse ETTB on a full indemnity basis for all costs and expenses incurred in connection with the recovery of any money due to ETTB under the Agreement. This Clause 5.6 shall not apply to any Customers acting as a consumer.
6. Where costs incurred by ETTB in the provision of the Services are subject to payment in a foreign currency, ETTB reserves the right to charge the Customer for any fluctuation in the currency charged to ETTB which represents a change in the Price of over 2%, in connection with the Services and the Price shall be deemed to be varied accordingly. Where a currency fluctuation representing 2% or more of the Price occurs and the Price change is applied in accordance with this Clause 5.7, ETTB shall issue an invoice for such difference in Price caused by such currency fluctuation and such an invoice shall be payable immediately by the Customer.

ADDITIONAL SERVICES

1. At any time not less than 7 days prior to the Event Date, the Customer may submit a written request to ETTB for the provision of Additional Services.
2. ETTB may, at its sole discretion, either accept or reject such request, subject to the Customer’s acceptance of a revised Proposal and/or Booking Confirmation which incorporates the Additional Costs arising from the provision of such Additional Services, in accordance with Clause 2.6.

INTELLECTUAL PROPERTY

1. All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by (or licensed to) ETTB.
2. ETTB acknowledges that, in respect of any Third Party Intellectual Property Rights, ETTB’s use of any such Intellectual Property Rights is conditional on the Customer obtaining a written licence from the relevant licensor on such terms as will entitle the Customer to license such rights to ETTB. Where agreed between ETTB and the Customer in a Proposal and/or Booking Confirmation, ETTB shall secure such licences of Third Party Intellectual Property Rights that may be appropriate in order for ETTB to provide its Services under this Agreement. In either event, ETTB shall not be liable in respect of any losses, liabilities, damages, costs, expenses or otherwise arising out of or in connection with any Third Party Intellectual Property Rights.
3. All ETTB Materials and any Intellectual Property Rights therein are the exclusive property of ETTB, unless stated otherwise in a Proposal and/or Booking Confirmation.

FORCE MAJEURE

1. ETTB shall not have any liability under or be deemed to be in breach of the Agreement for any delays or failures in performance of this Agreement and/or any sequence of events which result from circumstances beyond the reasonable control of ETTB. This includes but is not limited to, an act of God, fire, flood, lightning, earthquake, or another natural disaster, war, riot or civil unrest, strike, lockout or boycott or other industrial action, interruption or failure of supplies of power, fuel, transport, equipment or telecommunications service or material required by for performance of the Agreement.
2. The Customer’s failure to pay any sums due under this Agreement shall not be alleviated by a force majeure event detailed in this Clause 8.
3. ETTB shall promptly notify the Customer in writing when such circumstances cause a delay or failure in the performance of the Services.

LIMITATION OF LIABILITY

1. Neither party excludes or limits liability to the other party for death, personal injury or fraud.
2. Save as provided in Clause 9.1, ETTB shall not be responsible for any losses, charges, costs and expenses (whether such losses or damages were foreseen, foreseeable, known or otherwise) whatsoever incurred or suffered of an indirect, direct or consequential nature including but not limited to loss of:
  1. sales or turnover;
  2. loss of contracts or opportunities;
  3. actual or anticipated profit;
  4. goodwill or reputation; or
  5. loss or corruption of data,

which arise out of or in connection with the Services (including but not limited to any advice or recommendations provided by ETTB).

1. In no event shall ETTB be liable for any losses, charges, costs and expenses arising from the Customer’s provision of the Facilities hereunder or for any food or beverage supplied by the Customer or any other Third Party.
2. If ETTB’s performance of any of its obligations under the Agreement is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (“Customer Default“):
  1. ETTB shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays ETTB’s performance of any of its obligations; and
  2. subject to Clause 9.1, ETTB shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from ETTB’s failure or delay to perform any of its obligations under this Agreement; and
  3. the Customer shall reimburse ETTB on written demand for any costs or losses sustained or incurred by ETTB arising directly or indirectly from the Customer Default.
3. Subject to Clauses 9.1, 9.2 and 9.3, ETTB ’s aggregate liability in contract, tort (including negligence), breach of statutory duty (including misrepresentation) or otherwise arising out of or in connection with this Agreement or any act or omission by ETTB in the performance of its obligations under this Agreement shall not exceed the aggregate of all sums paid or payable to ETTB under the Agreement.
4. If the Customer is a consumer (meaning an individual who is not acting in their business, trade or profession) it shall not be subject to Clauses 9.2, or 9.5.
5. Subject to this Clause 9, any advice or recommendation given by ETTB or its employees shall be followed or acted upon entirely at the Customer’s risk.
6. ETTB does not accept responsibility for lost, missing or damaged items in cloakrooms at Premises and any loss or damage to any items of property sustained by the Customer or any of its guests shall be the responsibility of the Customer and/or its guests and ETTB shall not be liable for any such losses or damage whatsoever.

CONSUMER RIGHTS

1. This Clause 10 shall only apply where the Customer enters into an Agreement with us on these Terms and Conditions and is a consumer (i.e. an individual not acting in the course of their business, trade or profession). The Customer is entitled to the following remedies: –
  1. In the event the items supplied as part of the Services are not of satisfactory quality or mis-described:
    1. ETTB shall refund the Price in respect of the unsatisfactory quality or mis-described part of the Services supplied; and
    2. ETTB shall make such refund using the same method of payment used to make the payment (in the case of card payments, on the credit card or debit card used by the Customer to pay).
  2. If any non-rapidly deteriorating items (such as bottles of wine) are delivered to the Customer and any refunds are made to the Customer in respect of such items, then: –
    1. the Customer shall return such items to ETTB as soon as reasonably practicable;
    2. unless such items are of unsatisfactory quality or not as described (in this case, see Clause 10.1.1), the Customer shall be responsible for the cost of returning such items to ETTB; and
    3. the Customer has a legal obligation to keep such items in its possession and to take reasonable care of such items while they are in its possession.
2. Without prejudice to Clause 10.1, a Customer’s statutory rights (if they enter into an Agreement with us on these Terms and Conditions as a consumer) shall not be affected by the entering into of this Agreement when acting as a consumer.

TERMINATION BY NOTICE

11.1 Notwithstanding Clause 10 (in the case of consumer Customers), the Customer may purport to cancel a Booking and terminate the Agreement provided it gives prior written notice in accordance with this Clause 11 and subject to the payment of cancellation fees set out in the Proposal, or if no cancellation fees are set out in the Proposal, as follows, where notice to cancel is given within the time periods set out below:

1. 1. 1. up to, and including 56 days (8 weeks) prior to Event Date, 25% non-refundable deposit
    2. 29 days to 55 days prior to Event Date, 25% non-refundable deposit, plus 25% of the Price
    3. 15 days to 28 days (4 weeks) prior to Event Date, 25% non-refundable deposit, plus 55% of the Price
    4. within, and including 14 days (2 weeks) prior to Event Date, full 100%.
2. The Customer acknowledges that the cancellation fees set out above are reasonable given the commitments made by ETTB in connection with a Booking and that they represent a genuine pre-estimate of potential losses that ETTB may suffer in the event of such early cancellation.

TERMINATION ON DEFAULT

1. ETTB shall have the right to terminate this Agreement on immediate written notice to the Customer if the Customer fails to make payment of sums due under this Agreement by the Due Dates.
2. Each party may terminate the Agreement with immediate effect by giving written notice to the other party if: –
  1. the other party commits a material breach of its obligations under the Agreement and (if such breach is remediable) fails to remedy that breach within 28 days after receipt of notice in writing to do so;
  2. the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986) or is deemed either unable to pay its debts or as having no reasonable prospect of so doing, (in either case, within the meaning of section 268 of the Insolvency Act 1986);
  3. the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;
  4. a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of the other party with one or more other companies or the solvent reconstruction of that other party;
  5. the other party (being an individual) is the subject of a bankruptcy petition or order;
  6. a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
  7. an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party;
  8. the holder of a qualifying charge over the assets of the other party (being a company) has become entitled to appoint or has appointed an administrative receiver;
  9. a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
  10. any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in Clause 12.2.2 to Clause 12.2.9 (inclusive);
  11. the other party suspends, threatens to suspend, ceases or threatens to cease to carry on, all or substantially the whole of its business;
  12. the other party’s financial position deteriorates to such an extent that in ETTB ’s opinion the Customer’s capability to adequately fulfil its obligations under the Agreement has been placed in jeopardy; or
  13. the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his / her own affairs or becomes a patient under any mental health legislation.

PUBLICITY

The Customer hereby acknowledges that ETTB shall be entitled to include in its publicity materials (in whatever form and including, but not limited to, photographs, descriptions of Events, success of Events and/or news articles or other media relating to an Event) a record of an Event that may relate to the Services provided under this Agreement, including (but not limited to) the fact that ETTB provided Services to the Customer, subject to ensuring compliance with Clause 17.

ENTIRE UNDERSTANDING

1. The Agreement embodies the entire understanding of the parties in respect of the matters contained or referred to in it and there are no promises, terms, conditions or obligations oral or written express or implied other than those contained in the Agreement. Nothing said by any salesperson, agent, employee or other representative on ETTB’s behalf should be understood as a variation of the Agreement or an authorised representation about the nature or quality of the Services. Save for fraud or fraudulent misrepresentation, ETTB shall have no liability for any such representation being untrue or misleading.
2. Any samples, drawings, descriptive matter or advertising issued by ETTB, and any descriptions or illustrations contained in ETTB’s catalogues or brochures, are issued or published for the sole purpose of giving an idea of the Services described in them. They shall not form part of the Agreement or have any contractual force.

GOVERNING LAW & JURISDICTION

1. The Agreement shall be governed by and construed in accordance with English law (in relation to contractual and non-contractual matters) and the parties submit to the exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected with the Agreement (in relation to contractual or non-contractual matters).
2. Notwithstanding the jurisdiction of the English courts, the parties will attempt in good faith to resolve any dispute or claim arising out of or relating to the Agreement promptly through negotiations between the parties or the respective senior executives of the parties who have authority to settle the same. If the matter is not resolved through negotiations, the parties agree to attempt in good faith to resolve the dispute or claim through an alternative dispute resolution procedure recommended to the parties by the Centre for Dispute Resolution, if appropriate for such a dispute.

THIRD PARTY RIGHTS

For the purposes of the Agreements (Rights of Third Parties) Act 1999 and (notwithstanding any other provision of the Agreement) this is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

CONFIDENTIALITY

1. Subject to Clause 17.2, each party shall keep confidential all information relating to the business of the other party, including information relating to the manner of providing the Services, pricing, suppliers, customers or other commercially sensitive data or other information of that party which is specified as being confidential, or by its nature is confidential (“Confidential Information”) of the other party and will only use the other’s Confidential Information as required to perform its obligations under this Agreement.
2. The provisions of Clause 17.1 will not apply to:
  1. any information which was in the public domain at the date of this Agreement:
  2. any information which comes into the public domain subsequently other than as a consequence of any breach of this Agreement or any related agreement;
  3. is independently developed by the other party without using information supplied by the first party; or
  4. any disclosure required by law or a regulatory authority or otherwise by the provisions of this Agreement.
3. This clause will remain in force five years after termination of the Agreement.

NOTICES

1. Any notice given under the Agreement shall be in writing and may be served:
  1. personally;
  2. by registered or recorded delivery mail;
  3. by e-mail, on receipt of a delivery and/or read receipt mail from the correct address;
  4. by facsimile; on receipt of a successful transmission report from the correct number;
  5. by any other means which any party specifies by notice to the others.
2. Each party’s address for the service of notice shall be the above-mentioned address or such other address as it specifies by notice to the others.
3. Notice shall be deemed to have been served:
  1. if it was served in person, at the time of service;
  2. if it was served by post, 48 hours after it was posted; and
  3. if it was served by e-mail, telex or facsimile transmission, at the time of transmission.

SEVERANCE

If any provision of these terms and conditions is held by a competent authority to be invalid or enforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.

MISCELLANEOUS

1. 1. The Customer may only transfer its rights or obligations under this Agreement to another person if agreed to in writing by ETTB.
  2. No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Privacy Policy

Your information may be held by Global Infusion Group, which trades as GIG, Eat to the Beat, e2b and Bonnie May Food & Events; the operational divisions that make up Global Infusion Group Limited.

HOW WE USE YOUR PERSONAL INFORMATION

This privacy notice is to let you know how companies within the Group promise to look after your personal information. This includes what you tell us about yourself, what we learn by having you as a customer and the choices you give us about what marketing you want us to send you. This notice explains how we do this and tells you about your privacy rights and how the law protects you.

OUR PRIVACY PROMISE

1. - To keep your data safe and private.
  - Not to sell your data.
  - To give you ways to manage and review your marketing choices at any

GENERAL DATA PROTECTION REGULATION (GDPR)

This notice sets out most of your rights under the new law. GDPR came into effect across the EU on May 25, 2018.

The General Data Protection Regulation (GDPR) is a legal framework that sets guidelines for the collection and processing of personal information of individuals within the European Union (EU). The GDPR sets out the principles for data management and the rights of the individual, while also imposing fines that can be revenue-based. The General Data Protection Regulation covers all companies that deal with data of EU citizens, so it is a critical regulation for corporate compliance officers at banks, insurers, and other financial companies. Read more

COOKIES

Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information. This information is used to track visitor use of the website and to compile statistical reports on website activity.

HOW THE LAW PROTECTS YOU

As well as our Privacy Promise, your privacy is protected by law. This section explains how that works.

1. - Data Protection law says that we are allowed to use personal information only if we have a proper reason to do so.
  - This includes sharing it outside Global Infusion Group.

The law says we must have one or more of these reasons:

1. 1. To fulfill a contract we have with you, or
  2. When it is our legal duty, or
  3. When it is in our legitimate interest, or
  4. When you consent to it.

A legitimate interest is when we have a business or commercial reason to use your information. But even then, it must not unfairly go against what is right and best for you. If we rely on our legitimate interest, we will tell you what that is.

Here is a list of all the ways that we may use your personal information:

1. - Contractual or Legal requirements during the supply of a service from any other legal entities within Global Infusion Group Limited
  - Sending marketing materials through both digital and postal
  - When providing proposal or estimates during initial engagement of services and thereafter
  - Updated news regarding Global Infusion Group or any of its other legal entities
  - Global Infusion Group Limited does not share personal data with any other third part supplier or business without prior consent from the customer.

WHO WE ARE

Global Infusion Group is made up of different legal entities. We’ll let you know which you have a relationship with, when you take out a service with us. You can find out more about us at www.globalinfusiongroup.com. If you have any questions, or want more details about how we use your personal information, you can ask us on +44 (0) 3303 830 400.