Terms of Service

Welcome to Congeniality! Below you will find the General Terms of Service (the Terms) governing the use of our platform, www.congeniality.co, and all of its sub-domains and aliases of these domains.  By accessing or using Congeniality website, you agree to comply with and be bound by these Terms, as applicable to you.

Table of Contents

1.  Definitions
2.  Scope
3.  Services
4.  Your account
5.  Service fees and payments
6.  General user responsibilities
7.  Terms specific to Organisers
8.  Terms specific to Subscribers and other Users 
9.  Terms of termination
10.  Reliance on information posted and disclaimer
11.  Additional miscellaneous provisions
12.  Dispute resolution and arbitration agreement
13.  Jurisdiction and applicable law

 

1. Definitions

1.1  When we use the term “Subscribers” we mean consumers with an account in our platform for the purposes of (a) to consume information about or attend Events (“Consumers”), or (b) for any other reason.

1.2  When we use the term “Organiser,” we mean third party event creators using the Services to create events displayed on the platform for consumers using our Services: Organisers, Consumers and third parties using our Services are all referred to in these Terms collectively as “Users,” “you” or “your.”

1.3  When these Terms use the term “Congeniality,” “we,” “us,” or “our,” that refers to Congeniality Limited and its affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees.

1.4  Material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content contained in or delivered via the Services or otherwise made available by Congeniality in connection with the Services is the “Site Content” (or “Content”).  Material (including the foregoing categories) that Users contribute, provide, post or make available using the Services is referred to as “User Content.”

2. Scope

2.1  These Terms are a legally binding agreement between you and Congeniality governing your access to and use of the Services and setting out your rights and responsibilities when you use the website.  By using any of our Services (including browsing a Site), you are agreeing to these Terms.  If you do not agree to these Terms, please do not use or access the Services.  If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so.  In such case, “you” and “your” will refer to that entity as well as yourself.

2.2  Except as otherwise set forth herein, the provisions of these Terms govern the entire legal relationship between the validly registered User (User) and Congeniality and are applicable to all services provided to the User or offered on the Congeniality Website.  Additional Terms apply to Organisers who post content to the website. 

2.3  Congeniality reserves the right to modify these Terms from time to time (collectively, “Modifications”).  If we believe the Modifications are material, we will inform you about them by doing one (or more) of the following (a) posting the changes through the Services; (b) updating the “Updated” date at the top of this page; or (c) sending you an email or message about the Modifications.  Modifications that are material will be effective thirty (30) days following the “Updated” date or such other date as communicated in any other notice to you.  Modifications that are simply addressing new functions we add to the Services or which do not impose any additional burdens or obligations on you will be effective immediately.  You are responsible for reviewing and becoming familiar with any Modifications.  Your continued use of the Services following Modifications constitutes your acceptance of those Modifications and the updated Terms.  Congeniality reserves the right modify, replace or discontinue any part of the Services or the entire Service.

3. Services

3.1  The Congeniality Platform incorporates technical applications to create an online marketplace that enables Organisers who offer Services such as events or live experiences to publish such Services on the Congeniality Platform. Subscribers and other Users have access to the Site Content for the purposes of consuming information and registering for events. 

3.2  Services for Organisers include access infrastructure services related to events, including event webpages, organiser profiles, online or onsite ticketing and registration and other services related to their events.  Users who are Organisers, can post Content to the website, based on the terms of their Service Agreement and the Additional Terms for Organisers.

3.3  Congeniality’s products and services, are available (a) online through various brands including without limitation, Congeniality.co and BeyondBusiness.me; and (b) off-platform, including without limitation, affiliated partners offering services. (a), and (b) are collectively referred to as “Congeniality’s Services” or our “Services”.

3.4  Congeniality reserves the right to refuse service of any User for any or no reason. A User has no right to membership within the Congeniality platform.

3.5  Congeniality will make reasonable efforts to keep the Websites available without unplanned interruption.  However, maintenance, security or other planned actions, and/or events beyond Congeniality’s reasonable control (e.g.  disruptions in public communication networks, power failures), may cause temporary interruptions or other failures of the services.

4. Your account

4.1  We may require you to subscribe or create an account to access certain features or functions of the Services. You agree to follow certain rules when you create an account with Congeniality or become a User of the Services, including the following:

  • You must be at least 18 years of age, or the legal age of majority where you reside, to use the Services.
  • You agree to provide true, accurate, current and complete information about yourself
  • If you are using the Services on behalf of an entity, you also agree to update this the registration data if it changes.
  • If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant Congeniality all permissions and licences provided in these
  • User accounts are not transferable.

4.2  Congeniality reserves the right to refuse the registration of any User for any or no reason.

4.3  A User has no automatic right to services within the Congeniality community.

5. Service fees and payments

5.1  Congeniality may charge fees to Organisers and/or Subscribers (collectively, “Service Fees“) in consideration for the use of the Congeniality Platform.  The basic Subscriber account is offered free of charge. Additional services may be provided to Subscribers who opt for a paid subscription.

5.2  For Organisers, we charge a one-time account set up fee and a commission of each transaction when Organisers sell paid tickets. These exact fees and commissions depend on the [Service Agreement] between Congeniality and Organisers.  For Organisers, the applicable Service Fees (including any applicable Taxes) are collected by Congeniality’s platform.  We will deduct agreed Fees from each transaction before remitting the payout to the Organiser. 

6. General user responsibilities

6.1  You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.  You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

6.2  By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use our site will cease immediately.

6.3  We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

7. Terms specific to Organisers

(Some, but not all, of these terms are duplicated in the Terms, Content Standards and Privacy Policy.)

7.1  Congeniality provides a simple and quick means for Organisers to access infrastructure services related to events, including event webpages, organiser profiles, online or onsite ticketing and registration and other services related to their events.  The service includes your ability to upload and post User Content regarding materials and information which Congeniality, the User, or other Users want to share on the Congeniality platform.

7.2  When creating an event listing on the Congeniality Platform, you must (a) provide accurate and truthful content information, (b) ensure your Content complies with Congeniality’s Content Standards, and (c) ensure that the goods and services described on the event page are delivered as described and in a satisfactory manner.

7.3  If you are an Organiser, without limiting the generality of any representations or warranties provided elsewhere in these Terms of Service, you represent and warrant to us that you are responsible for ensuring that any page displaying an event (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations.  Specifically:

7.4  Any terms and conditions included in your Event Listing and Organiser Profile, must not conflict with these Terms.

7.5  Organisers may only use the payment processing method provided by Congeniality and may not use third party processing methods or take payments outside of the Congeniality platform.  Any Organiser that requests payments outside of the Congeniality platform is in violation of the Terms of Service and may have their service suspended.

7.6  Since Congeniality processes payments on behalf of the Organiser, we also act as the Organiser’s limited agent solely for the purpose of using our third party payment service providers to collect payments made by Consumers on the Services and passing such payments to the Organiser.

7.7  As part of the services, we may provide you the ability to implement certain permission within your account to third parties including, “sub-Users,” “sub-accounts,” or other credentialed account Users. If we do so, you agree that you are solely responsible for all activity that occurs under your account (including actions by sub-Users), so you must maintain the confidentiality of your password and account details.  You likewise agree that all rules applicable to your account will apply to all third parties to whom you grant access to your account. 

7.8  You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing licence, and that all Your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate these Terms.

7.9  Congeniality does not make any claim to Your Content, unless specified in the Service Agreement.  You are solely responsible for Your Content.  You hereby grant Congeniality a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and licence to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services (including Congeniality’s promotional and marketing services, which may include without limitation, promotion of your event on a third party website).  Notwithstanding the foregoing, Congeniality does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Service will restrict any rights that you may have to use and exploit Your Content outside of the Services. 

7.10  Congeniality may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of Congeniality both on the Services and in marketing, advertising and promotional materials. 

8. Terms specific to Subscribers and other Users

8.1  You should carefully review the description of any Experience, Event or other Organiser Service you intend to book to ensure the event (and any additional guests you are booking for) is appropriate. 

8.2  It is your responsibility to inform the Organiser of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience, Event or other Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host Service, may also apply.

8.3  Before and during an Experience, Event or other Service you must at all times adhere to the Hosts’ instructions.

8.4 You may not bring any additional individuals to an Experience, Event or other Service unless such an individual was added by you as an additional guest during the registration process on the Congeniality Platform.

8.5  Upon purchase of a Ticket or Service from Congeniality, a legally binding agreement is formed between you and your Organiser, subject to any additional terms and conditions of the Organiser, including in particular the applicable cancellation policy and any rules and restrictions specified in the description.

8.6  If you purchase a Ticket on behalf of another person or include additional persons, you are required to ensure that every additional guest meets any requirements set by the Organiser, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Organiser.  If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Service if accompanied by an adult who is responsible for them.

8.7  Subscribers can cancel a confirmed ticket at any time pursuant to the Organiser’s refund policy.  The Organiser is solely responsible for refunding the fees due in accordance with such cancellation policy.

8.8  If an Organiser cancels an Event or a Subscriber’s ticket to the event, the Subscriber will receive a full refund of the Total Fees for such booking.  

8.9  Except as otherwise set out in these Terms, Subscribers and other Users may contact Congeniality to report issues related to Events and Organisers.

9. Terms of termination

9.1  These Terms apply to you as soon as you access the Services by any means and continue in effect until they are terminated. When that happens, these Terms will generally no longer apply.  However, as described in Section 9.5, certain provisions will always remain applicable to both you and Congeniality.

9.2  Except where you have agreed otherwise in a separate written agreement between you and Congeniality, you may terminate your access to the Services and the general applicability of Terms by submitting an account Erasure Request by writing us via your registered email at info@congeniality.co. Deleted data is permanently removed from the database. Erasure requests cannot be reversed after they have been confirmed.

9.3  If you are a Consumer using the Services without a registered account, your only option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these Terms remain in effect.  If there is a separate agreement between you and Congeniality governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.

9.4  Congeniality may terminate your right to use the Services at any time (a) if you violate or breach these Terms; (b) if you misuse or abuse the Services, or use the Services in a way not intended or permitted by Congeniality; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Congeniality to legal liability. Congeniality may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time.  We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in Congeniality’s sole discretion, failure to do so would materially prejudice you.  You agree that Congeniality will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services.

9.5  All provisions of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licences).

10. Reliance on information posted and disclaimer

10.1  Content contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

10.2  Congeniality shall not be liable for any contents provided by or made available by any User, including the User’s contents. In particular, Congeniality does not guarantee that any User contents are true or accurate, or that it fulfils or serves any particular purpose.

10.3  The User acknowledges that the Congeniality Websites include and provide contents provided by third-party providers as well as links to websites of third parties (altogether third-party contents). Congeniality shall not be liable for any such third-party contents.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

10.4  We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.

11. Use of content and intellectual property rights

11.1  The Site Content is not intended for your commercial use. You have no right to use, and agree not to use, any Site Content for your own commercial purposes.  You have no right to, and agree not to scrape, crawl, or employ any automated means to extract data from the Site(s).

11.2  You agree that all Site Content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Congeniality may own the Site Content or portions of the Site Content may be made available to Congeniality through arrangements with third parties.  Site Content included in or made available through the Services is the exclusive property of Congeniality and is protected by copyright laws.  You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable local, state, provincial, national or other law, rule or regulation.  Any rights not expressly granted herein are reserved. 

11.3  The trademarks, service marks and logos of Congeniality (the “Congeniality Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Congeniality. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks,” and, collectively with Congeniality Trademarks, the “Trademarks”).  The offering of the Services will not be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed in connection with the Services without the prior written consent of Congeniality specific for each such use.  The Trademarks may not be used to disparage Congeniality, any third party or Congeniality’s or such third party’s products or services, or in any manner that may damage any goodwill in the Trademarks.  Use of any Trademarks as part of a link to or from any site is prohibited unless Congeniality approves the establishment of such a link by prior written consent specific for each such link.  All goodwill generated from the use of any Congeniality Trademark will inure to Congeniality’s benefit.  A number of issued patents and patents pending apply to the Services.  Site Content may also be protected by copyrights owned by Congeniality and/or third parties.  Please note that if you copy portions of the Services you are violating these patent rights and copyrights.

11.4  If you are a copyright owner or an agent of a copyright owner and you believe that any content on the Sites infringes your copyrights, please email us.

12. Privacy

12.1  Congeniality acknowledges that any personal data provided by the User to Congeniality is extremely important to the User. As such, Congeniality shall comply with all applicable legal provisions regarding data protection (European Data Protection Directives, and any other applicable data protection legislation).  By agreeing to these Terms of Service, you acknowledge you have read the Privacy Policy applicable to all Users.

13. Liability and indemnity

13.1  You hereby agree to release Congeniality from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Services or any event listed on the Services. 

13.2  You agree to defend, indemnify and hold Congeniality and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) relating to or arising out of:

  • your breach of these Terms (including any terms or agreements or policies incorporated into these Terms);
  • your use of the Services in violation of these Terms or other policies we post or make available;
  • your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party;
  • Congeniality’s collection and remission of taxes; and if you are an Organiser, your events (including where Congeniality has provided Services with respect to those events).

13.3  This indemnification will not apply to the extent that the Claim arises out of Congeniality’s gross negligence or wilful misconduct.  Congeniality will provide notice to you of any such Claim, provided that the failure or delay by Congeniality in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure.  Also, in certain circumstances, Congeniality may choose to handle the Claim ourselves, in which case you agree to cooperate with Congeniality in any way we request.

14. Additional miscellaneous provisions

14.1  Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Congeniality and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Congeniality and you in relation to the access to and use of the Congeniality Platform.

14.2  If any provision of these Terms is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The same consequence shall apply to unintended gaps within these Terms.

14.3  Section titles in these Terms are for convenience and have no legal or contractual effect. No independent contractor, agency, partnership, joint venture or other such relationship is created by these Terms.

14.4  These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. You may not assign, transfer or delegate your rights and obligations under these Terms without Congeniality’s prior written consent.

14.5  Our failure to enforce any part of these Terms will not constitute a waiver of our right to later enforce that or any other part of these Terms. No oral waiver, amendment or modification of these Terms will be effective. 

15. Dispute resolution and arbitration agreement

15.1  If you have any questions or concerns about our service, please contact us first.  In the unlikely event that our customer support team is unable to resolve your concerns, the parties (you and we) each hereby agree to resolve any and all disputes or claims under these Terms, with respect to the Services, or related to our relationship through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction, and only on an individual basis.  In no event may either we or you seek to resolve a dispute with the other as part of any purported class, consolidated or representative proceeding.  Binding arbitration is subject to very limited review.  Only the arbitrator appointed pursuant to this Section, and not any federal, state or local court will have the authority to resolve any dispute or claim relating to this Section including, without limitation, regarding the scope, enforceability and arbitrability of these Terms.  This arbitration provision will survive termination of these Terms. 

15.2  This agreement to arbitrate is intended to be broadly interpreted as to legal disputes between you and us.  It includes, but is not limited to: (i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) all claims that may arise after termination of these Terms and/or your use of the Services. 

15.3  A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”).  The Notice to Congeniality must be addressed to the following address (“Notice Address”) and must be sent by certified mail: Congeniality Limited, 71-74 Shelton Street, London WC2H 9JQ.  Notice to you will be addressed to a mailing, home or payment address currently on record with Congeniality and must be sent by certified mail.  If Congeniality has no records of such physical address, such notice may be delivered to your account email address.  The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought.  If Congeniality and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Congeniality may commence an arbitration proceeding.

16. Jurisdiction and applicable law

16.1  The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

16.2  These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.