Please read these Payments Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services, you agree to comply with and be bound by these Payments Terms of Service.
Last Updated: 19th June 2019
These Payments Terms of Service (“Payments Terms”) constitute a legally binding agreement (“Agreement”) between you and It’s Your Venue.
When these Payments Terms mention “It’s Your Venue,” “we,” “us,” or “our,” it refers to the It’s Your Venue company you are contracting with for Payment Services.
Our collection and use of personal information in connection with your access to and use of the Payment Services is described further in these Terms & Conditions
1. Scope and Use of the Payment Services
1.1 It’s Your Venue provides payments services to Members, including payment collection services, payments and payouts (“Payment Services”).
1.2 It’s Your Venue may restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. It’s Your Venue may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.
1.3 The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. It’s Your Venue is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by It’s Your Venue of such Third-Party Services.
1.4 Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
2. Modification of these Payments Terms
2.1 It’s Your Venue reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the It’s Your Venue Platform and update the “Last Updated” date at the top of these Payments Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.
3. Eligibility, Member Verification
3.1 You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services you represent and warrant that you are 18 or older.
3.2 If you are agreeing to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
3.3 It’s Your Venue may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.
3.4 We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or (iii) attempting to screen your information against third-party databases. It’s Your Venue reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
4. Account Registration (coming soon)
4.1 In order to use the Payment Services, you must have an It’s Your Venue Account in good standing. If you or It’s Your Venue closes your It’s Your Venue Account for any reason, you will no longer be able to use the Payment Services.
4.2 You may authorise a third party to use your It’s Your Venue Account in accordance with the It’s Your Venue’s Terms. You acknowledge and agree that anyone you authorise to use your It’s Your Venue Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
5. Payment Methods and Payout Methods (coming soon)
5.1 When you add a Payment Method or Payout Method to your It’s Your Venue Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to It’s Your Venue or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will include:
5.2 When you add or use a new Payment Method, It’s Your Venue may verify the Payment Method by authorising a nominal amount, not to exceed one pound (£1), or a similar sum in the Payment Method’s local currency (e.g., one euro). For further verification, we may also (i) require you to upload a billing statement. When you add a Payment Method during checkout, we will automatically save that Payment Method to your It’s Your Venue Account so it can be used for a future transaction.
5.3 To verify your Payout Method, It’s Your Venue may send one or more payments of nominal amounts to your Payout Method. We may, and retain the right to, initiate refunds of these amounts from your Payout Method.
5.4 Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and It’s Your Venue is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.
5.5 You authorise It’s Your Venue to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your It’s Your Venue Account.
5.6 You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. It’s Your Venue is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
6. Financial Terms for Hosts
Generally speaking, It’s Your Venue will only collect the Total Fees from a Guest at the time the Guest’s booking enquiry being accepted by Venues, Suppliers and the Guest themselves. 5% of the total booking cost will be taken by It’s Your Venue to confirm a booking. Once this payment has been made, It's Your Venue will introduce Guests to the chosen Venue and/or Suppliers. It's Your Venue will exchange all contact details.
6.2. Payouts (coming soon)
6.2.1 In order to receive a Payout you must have a valid Payout Method linked to your It’s Your Venue Account. It’s Your Venue will generally initiate Payouts to your selected Payout Method: (i) for Hosts and Events within 5 working days after the Guest’s booking has been completed and no issues regarding the Host’s Venue or the Event have arisen (ii) for Suppliers, within 7 working days after the guest’s booking has been completed and no issues regarding the equipment, food, beverages or staff have arisen The time it takes to receive Payouts once released by It’s Your Venue may depend upon the Payout Method you select. It’s Your Venue may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
7. Financial Terms for Guests (coming soon)
7.1 You authorise It’s Your Venue to charge your Payment Method the Total Fees for any booking requested in connection with your It’s Your Venue. It’s Your Venue will collect the Total Fees via the It’s Your Venue Platform. It’s Your Venue will generally collect the Total Fees after the Hosts and Suppliers accept your booking request. Payment will be held by It’s Your Venue until the completion of the Event and no issues regarding anything Host or Supplier related have arisen.
7.1.2 During the initial Beta Phase of It’s Your Venue, Venues & Suppliers will not be charged for listing their business and they will not incur any charges when confirming a booking. Customers will pay the 5% booking fee.
7.2 It’s Your Venue may offer alternative options for the timing and manner of payment; any additional fees for using offered payment options will be displayed via the It’s Your Venue Platform and included in the Total Fees, and you agree to pay such fees by selecting the payment option. Once the payment transaction for your requested booking is successfully completed you will receive a confirmation email.
7.3 When you request to book a Listing, It’s Your Venue may also (i) obtain a pre-authorisation via your Payment Method for the Total Fees or (ii) charge or authorise your Payment Method a nominal amount, not to exceed one pound (£1) to verify your Payment Method.
7.4 If a requested booking is cancelled either because it is not accepted by the Venue and/or Supplier or you cancel the booking request before it is accepted by the Venue and/or Supplier, any amounts collected by It’s Your Venue will be refunded to you, and any pre-authorisation of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorisation to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules. Evidence of the cancellation must be provided for It's Your Venue to refund the monies.
7.5 You authorise It’s Your Venue to perform the Payment Method verification described in earlier sections of these Terms & Conditions, and to charge your Payment Method for any bookings made in connection with your It’s Your Venue Account. You hereby authorise It’s Your Venue to collect any amounts due by charging the Payment Method provided at checkout, either directly by It’s Your Venue or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the It’s Your Venue (such as gift cards).
7.6 If It’s Your Venue is unable collect any amounts due via your selected Payment Method, you authorise It’s Your Venue to charge any other Payments Methods on file in your It’s Your Venue Account (unless you have previously removed the authorisation to charge such Payment Method(s)). You also authorise It’s Your Venue to charge any Payment Method on file in your It’s Your Venue Account in the event of a Damage Claim (coming soon).
7.7 It’s Your Venue is not responsible for any fees that a Guest’s third-party payment service provider may impose when It’s Your Venue charges the Guest’s Payment Method, and It’s Your Venue disclaims all liability in this regard.
8. General Financial Terms
8.1 Service Fees and Other Fees
8.1.1 It’s Your Venue collects the Service Fees charged by It’s Your Venue pursuant to these Terms and Conditions. Where applicable, It’s Your Venue may also collect Taxes (such as VAT) in respect of the Host Fees, Guest Fees and Supplier Fees
8.2 Cancellations and Refunds
8.2.1 If a Guest, Supplier or Host cancels a confirmed booking, It’s Your Venue will refund the amount of the Total Fees due to the Guest pursuant to the Listing’s cancellation policy It’s Your Venue will also initiate a Payout of any portion of the Total Fees due to the Host or Supplier under the applicable cancellation policy. It’s Your Venue advises customers to avoid cancelling an event 72 hours before the date and time of the booking.
8.2.2 It’s Your Venue understands and acknowledges that the circumstances behind Hosts, Supplier or Guest cancellations may vary across all bookings. If a conflict between any of the parties involved arises, It’s Your Venue will decide and finalise the proper course of action.
8.3 Booking Modifications
8.3.1 If, as a Guest, you owe additional amounts to It’s Your Venue due to a Booking Modification, you agree that It’s Your Venue may collect such amounts by charging the Payment Method used to make your booking (or, if that Payment Method is not available, through any other authorised Payment Method in your It’s Your Venue Account). If, as a Host, you owe It’s Your Venue any amounts due to a Booking Modification, you agree that It’s Your Venue may collect those amounts pursuant to these Terms & Conditions and as otherwise permitted under these Payments Terms.
If It’s Your Venue is unable to collect any amounts you owe under these Payments Terms, It’s Your Venue may engage in collection efforts to recover such amounts from you. It’s Your Venue will deem any owed amounts overdue when: (a) for authorised charges, ninety (90) days have elapsed after It’s Your Venue first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholding from a Host’s or Supplier’s future Payouts, one hundred and eighty (180) days have elapsed after the adjustment is made to the Host’s or Supplier’s account or the associated services have been provided, whichever is later. Any overdue amounts not collected within one hundred and eighty (180) days after they become overdue will be deemed to be in default. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to It’s Your Venue by you. Such communication may be made by It’s Your Venue or by anyone on their behalf, including but not limited to a third-party collection agent.
9. Damage to Accommodations and Security Deposits
9.1 If you as a Guest (i) agree to pay the Host in connection with a Damage Claim, or (ii) It’s Your Venue determines that you are responsible for damaging a Venue or any personal or other property located at a Venue, you authorise It’s Your Venue to charge the Payment Method used to make the booking in order to collect any Security Deposit associated with the Listing, as well as any amount of the Damage Claim exceeding any Security Deposit. If the Listing does not have a Security Deposit, It’s Your Venue may charge the Payment Method used to make the booking for the amount of the Damage Claim. If we are unable to collect from your Payment Method used to make the booking, you agree that It’s Your Venue may charge any other Payment Method on file (and not otherwise unauthorised) in your It’s Your Venue at the time of the Damage Claim.
9.2 It’s Your Venue also reserves the right to otherwise collect payment from you and pursue any remedies available to It’s Your Venue in situations in which you are responsible for a Damage Claim.
10. Prohibited Activities
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Payment Services (“Feedback”). You may submit Feedback by emailing us. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
12.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. The Payment Services are provided “as is”, without warranty of any kind, either express or implied.
12.2 Notwithstanding It’s Your Venue appointment as the limited payment collection agent of Providing Members for the purposes of accepting payments from Purchasing Members through the It’s Your Venue Platform, It’s Your Venue explicitly disclaims all liability for any act or omission of any Member or other third party. It’s Your Venue does not have any duties or obligations as agent for each Providing Member except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are expressly excluded.
12.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
12.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
13.1 If you reside in the EU It’s Your Venue is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. It’s Your Venue is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of It’s Your Venue in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of It’s Your Venue is excluded.
You agree to release, defend (at It’s Your Venue option), indemnify, and hold It’s Your Venue and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; or (ii) your breach of any laws, regulations, or third-party rights.
15. Termination, Suspension, and other Measures
15.1 You may terminate this Agreement at any time via the “Cancel Account” feature on the It’s Your Venue Platform or by sending us an email, or by following the termination procedures. Terminating this Agreement will also serve as notice to cancel your It’s Your Venue Account pursuant to the It’s Your Venue Terms. If you cancel your It’s Your Venue Account as a Host or Supplier, It’s Your Venue will provide a full refund to any Guests with confirmed booking(s). If you cancel your It’s Your Venue Account as a Guest, It’s Your Venue will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy.
15.2 Without limiting our rights specified below, It’s Your Venue may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
15.3 It’s Your Venue may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) It’s Your Venue believes in good faith that such action is reasonably necessary to protect other Members, It’s Your Venue or third parties (for example in the case of fraudulent behaviour of a Member).
15.4 In addition, It’s Your Venue may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, or if (ii) you have breached these Payments Terms, other Terms in these Terms & Conditions, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, or (iv) It’s Your Venue believes in good faith that such action is reasonably necessary to protect the personal safety or property of It’s Your Venue, its Members, or third parties, or to prevent fraud or other illegal activity.
15.5 In case of non-material breaches and where appropriate, you will be given notice of any measure by It’s Your Venue and an opportunity to resolve the issue to It’s Your Venue ‘s reasonable satisfaction.
15.6 If you are a Host and/or a Supplier and we take any of the measures described in this Section we may refund your Guests in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
15.7 If your access to or use of the Payment Services has been limited or this Agreement has been terminated by us, you may not register a new It’s Your Venue Account or attempt to access and use the Payment Services through other an It’s Your Venue Account of another Member.
16. General Provisions
16.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between It’s Your Venue and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between It’s Your Venue and you regarding the Payment Services.
16.2 No joint venture, partnership, employment, or agency relationship exists between you or It’s Your Venue as a result of this Agreement or your use of the Payment Services.
16.3 If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforce ability of the remaining provisions.
16.4 It’s Your Venue failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
16.5 You may not assign, transfer, or delegate this Agreement and your rights and obligations here under without It’s Your Venue’s prior written consent. It’s Your Venue may without restriction assign, transfer, or delegate this Agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice. Your right to terminate this Agreement at any time remains unaffected.
16.6 This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of this Agreement for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to this Agreement.
16.7 Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by It’s Your Venue via email, or messaging service (including SMS).