Terms and Conditions – Sponsors

hese Terms and Conditions apply to the use by all Sponsors of the Swagable Platform provided by us, Attendable Ltd, a company registered in England and Wales under company number 12695541, whose registered office address is at 71-75 Shelton Street, London, WC2H 9JQ (referred to as “we/us/our”).

Please read these Terms and Conditions carefully. You will be required to read and accept them before you first log-in to use the Platform.

If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to use the Platform.

  1. Definitions and Interpretation
    • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
      • “Account” means the account log-in information required to access and use the Platform;
      • “Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, our Platform;
      • “Platform” means our Swagable Platform available for use by Users and Sponsors;
      • “Promotional Offer” means any offer, discount, merchandise or other item (whether in physical or other format) to be provided by you;
      • “Sponsor/You/Your” means you, the company that has agreed to provide a Promotional Offer via the Platform;
      • “User” means any individual using the Platform to view and/or select Promotional Offers; and
      • “User Content” means any Content added to our Platform by you or any User.
    • Any reference to “writing” and “written” includes electronic communications via the Platform and via email.
  1. Access to and use of the Platform
    • All Sponsors warrant that they are businesses and not Consumers (as defined in the Consumer Rights Act 2015).
    • Access to and use of the Platform is free of charge.
    • It is your responsibility to make any and all arrangements necessary in order to access the Platform.
    • Access to the Platform is provided “as is” and on an “as available” basis. we may alter, suspend, or discontinue the Platform (or any part of it) at any time and without notice. Subject to the remainder of these Terms and Conditions, we will not be liable to you in any way if the Platform (or any part of it) is unavailable at any time or for any period.
  1. Accounts
    • In order to use the Platform, you will need to create an Account.
    • You must keep your Account details confidential and secure and must not share your Account details with any other person. You will need to ensure your chosen password is adequately strong and secure and is changed regularly.
  1. The Platform
    • To make Promotional Offers available to Users, you must upload all relevant information regarding the Promotional Offer including, but not limited to, complete and accurate descriptions, how the offer can be redeemed, photographs where applicable, and your identity and contact information.
    • You understand, acknowledge and agree that:
      • you are the owner of the Promotional Offer and/or you have consent from the owner to make the Promotional Offer available via the Platform;
      • you are solely responsible for all Promotional Offers you chose to make available via the Platform and for their supply and fulfilment to Users; and
      • we do not guaranteethat your Promotional Offer will be chosen by any User.
  1. Excluded Promotional Offers
    • The following Promotional Offers are not permitted on our Platform:
      • Any item for which payment is required to be made by the User;
      • Cash;
      • Holidays;
      • Dangerous or hazardous goods;
      • Adult items;
      • Live animals or pets;
      • Any other items which we deem to be inappropriate or unacceptable.
    • We will have sole discretion to determine whether Promotional Offers are suitable or not. We reserve the right to suspend or remove any Promotional Offer at any time. In addition, we may also suspend or terminate your Account.
  1. Intellectual Property and Content
    • All intellectual property rights in the Platform remain with us. You must not:
      • attempt to copy, modify, duplicate, create derivative works from, reverse compile, disassemble, reverse engineer, frame, mirror, republish, transmit, or distribute all or any portion of the Platform in any form or media or by any means;
      • access all or any part of the Platform in order to build a product or service which competes with the Platform;
      • vary, delete or obscure any notices of proprietary rights, means of identification or restrictions on or in the Platform;
      • sub-license, sell, rent, lease, transfer, assign, distribute or otherwise commercially exploit or make the Platform available to any third party; or
      • attempt to obtain, or assist third parties in obtaining, access to the Platform other than as provided under this clause 6.
    • You must not access, store, distribute or transmit any viruses, or any Content or other material during the course of your use of the Platform that:
      • is unlawful, harmful, fraudulent,threatening, defamatory, obscene, harassing or offensive;
      • is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      • facilitates illegal activity;
      • depicts sexually explicit images;
      • promotes unlawful violence;
      • is knowingly discriminatory;
      • is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way in whichyou do not have a right;
      • implies any form of affiliation with us where none exists;
      • causes or may cause damage or injury to any person or property;
      • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or
      • is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence
        and we reserve the right, without liability to you, to remove any Content or other material that breaches the provisions of this clause.
    • You own all rights, title and interest in and to all of the User Content you upload and will have sole responsibility for its legality, reliability, integrity, accuracy and quality.
    • You must, at all times, respect the intellectual property rights of other sponsors on our Platform. Under no circumstances may you use any Content or other intellectual property belonging to another party without that party’s express permission.
  1. Sponsor Rules and Acceptable Usage
    • When using our Platform, you must do so lawfully, fairly, and in a manner that complies with the provisions of this clause 7. Specifically you must:
      • ensure that you comply fully with all local, nationaland international laws and/or regulations (including, but not limited to, those which may apply to the Promotional Offers you wish to make available); and
      • always provide accurate, honest information about yourself and all Promotional Offersthat you are making available via our Platform.
    • We reserve the right to suspend or terminate your access to our Platform if you materially breach the provisions of this clause 7 or any of the other provisions of these Terms and Conditions. Further actions we may take include, but are not limited to:
      • removing your Promotional Offers from our Platform;
      • issuing you with a written warning;
      • legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
      • further legal action against you as appropriate;
      • disclosing such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
      • any other actions which we deem reasonably necessary, appropriate and lawful.
  1. Delivery
    • Unless otherwise agreed, you must send Promotional Offers as soon as is reasonably possible and, in any event, within 14 days of receiving a notification that a User wishes to make use of the Promotional Offer.
    • You must ensure that you send Promotional Offers to the correct address or email address provided by the User, as appropriate. It is your responsibility to ensure that the address or email address that you use exactly matches that provided by the User. If items sent do not reach the User due to an incorrect address provided by them, it is the User’s responsibility and not yours.
    • You will be responsible for all delivery charges in sending Promotional Offers. It is strongly recommended that you obtain a delivery receipt for emails or proof of postage or dispatch when posting items, using tracked and signed for delivery methods. Such proof will be important in the event that a User does not receive the item(s) from you.
    • You must comply with any and all applicable shipping and customs regulations when delivering Promotional Offers to Users. It is your responsibility to check, be aware of, understand, and comply with all such regulations.
    • In the event of any issue with the Promotional Offer (if, for example, it has faults or is damaged when the User receives it, or if they receive the wrong item), it will be your responsibility to arrange for a suitable remedy directly with the User, in accordance with Consumer law. If we become aware of any such issue, we may investigate and this will be subject to clause 7.2.
  1. Our Liability to You
    • To the fullest extent permissible by law, we accept no liability to any Sponsor for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Platform or the use of or reliance upon any Content included on the Platform.
    • To the fullest extent permissible by law, we exclude all representations, warranties and guarantees (whether express or implied) that may apply to the Platform or any Content included on the Platform.
    • We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    • We exercise all reasonable skill and care to ensure that the Platform is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Platform (including the uploading or downloading of any Content from it).
    • We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Platform resulting from external causes including, but not limited to, internet service provider equipment failure, host equipment failure, communications network failure, natural events, acts of war, legal restrictions or censorship.
    • Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
  1. Events Outside of Our Control (Force Majeure): We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, civil unrest, fire, flood, storms, earthquakes, acts of terrorism or war, natural disaster, epidemic, pandemic or any other event beyond our reasonable control.
  1. Data Protection
    • Both parties agree to comply with all applicable data protection legislation in force including, but not limited to, the Data Protection Act 2018, the UK General Data Protection Regulation, and any subsequent amendments to them.
    • For further information on our processing of personal data, please refer to our privacy policy, available on our website.
    • As a Sponsor, you will also collect, hold and process Users’ personal information in the course of transactions (for example, names, email addresses and postal addresses). Sponsors are, therefore, also considered data controllers under data protection legislation and you will be responsible for complying with your legal obligations and protecting Users’ rights under such data protection legislation. You must only use the personal data of other Users (whether they are Users or other Sponsors) to the extent necessary to complete a transaction and/or to communicate about a specific transaction. You may not add any User to a mailing list, use their data for marketing, or retain any payment details. You may only use another User’s personal data for additional purposes by obtaining their prior express consent.
  1. Other Important Terms
    • You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under the We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under theContract, without your prior consent.
    • The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
    • If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) will be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions will still be valid and enforceable.
    • No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
    • Nothing in the Contract will render or be deemed to render us an employee or agent of yours or you an employee or agent of ours.
    • Notices will be deemed to have been duly received and properly served 24 hours after an email is sent, or 3 working days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that it was properly addressed to the address provided, stamped and placed in the post and in the case of an email, that it was sent to the specified email address of the addressee.
  1. Law and Jurisdiction
    • These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) will be governed by, and construed in accordance with, the laws of England and Wales.
    • Any dispute, controversy, proceedings or claim between you and us relating to the Contract or these Terms and Conditions (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England and Wales.