Terms and Conditions
Booking terms and conditions
1. Introduction
1.1 Bookings made through our website, and our and your rights and obligations in relation to such bookings, are governed by these terms and conditions.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 Any statutory rights that you may have as a consumer are not affected by these terms and conditions.
2. Interpretation
2.1 In these terms and conditions:
(a) “we” means The Hammersmith Bar and Lounge Limited (and “us and “our” should be construed accordingly);
(b) “you” means our customer or prospective customer under these terms and conditions (and “your” should be construed accordingly);
(c) “booking” means a booking in respect of booking a visit or package, which may be made by you under these terms and conditions; and
(d) “force majeure event” means an event that is, or a series of related events that are, beyond our reasonable control.
3. Order Process
3.1 The advertising of bookings on our website constitutes an “invitation to treat” rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To make a booking through our website, the following steps must be taken: you must click “make a booking” in relation to the relevant event; you must consent to these terms and conditions; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and, finally, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3.4 You will have the opportunity to identify and correct input errors prior to making your order by checking your details on the check out page.
4. Prices
4.1 Our prices are quoted on our website.
4.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
4.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
5. Payments
5.1 You must pay the applicable prices for your bookings during the checkout procedure.
5.2 Payments may be made by any of the permitted methods specified on our website from time to time.
6. Variation of Booking
6.1 If you would like to change your booking in any way, you should contact us to discuss your requested changes. We reserve the right to accept or reject any changes you may request.
6.2 We may change the time and date of an event that is the subject of a booking by giving to you written notice of the change at least 14 days before the event is due to begin. If we notify you of a change to a booking under this Section 6.2, you shall have a right to cancel the booking and receive a full refund of the price paid in respect of the booking, providing that your notice of cancellation must be received by us within 7 days following the date of issue of our notification of the change. If your notice of cancellation is received after the end of that period, you will not be entitled to a refund under this Section 6.2.
7. Cancellation of Bookings by Us
7.1 We may cancel a contract under these terms and conditions:
(a) at least 14 days before the event in respect of which the Contract was made begins.
7.2 We will give you written notice of any contract cancellation under this Section 7.
7.3 If we cancel a contract under these terms and conditions in accordance with this Section 7, you will be entitled to a full refund of the price paid under that contract.
8. Cancellation of Bookings by You
8.1 Any rights you may have under this Section 8 are additional to your statutory rights.
8.2 You may cancel a contract under these terms and conditions:
(a) at least 14 days before your booking, in which case you will be entitled to a refund of 50% of the price paid under a contract under these terms and conditions.
8.3 In order to cancel a contract under this Section 8, you must send to us a written notice of cancellation by post or email using the contract details specified in these terms and conditions.
8.4 Save as provided in this Section 8, specified elsewhere in these terms and conditions or mandated by law, you will not receive any refund upon the cancellation of a contract under these terms and conditions.
9. Distance Contracts: Cancellation Right
9.1 This Section 9 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
9.2 You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the contract is entered into,
subject to Section 9.3. You do not have to give any reason for your withdrawal or cancellation.
9.3 You agree that we may begin the provision of services before the expiry of the period referred to in Section 9.2, and you acknowledge that, if we do begin the provision of services before the end of that period, then:
(a) if the services are fully performed, you will lose the right to cancel referred to in Section 9.2;
(b) if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section 9.
9.4 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 9, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
9.5 If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section 9, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in this Section 9.
9.6 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
9.7 We will process the refund due to you as a result of a cancellation on the basis described in this Section 9 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
10. Warranties and Representations
10.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions; and
(c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
10.2 All of our warranties and representations relating to bookings are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 11.1, all other warranties and representations are expressly excluded.
11. Limitations and Exclusions of Liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and any statutory rights you may have as a consumer will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
11.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12. Force Majeure
12.1 If a force majeure event gives rise to a failure or delay in us performing any obligation under these terms and conditions, that obligation will be suspended for the duration of the force majeure event.
12.2 If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing any obligation under these terms and conditions, we shall:
(a) promptly notify you; and
(b) inform you of the period for which it is estimated that such failure or delay will continue.
12.3 If the performance of our obligations under these terms and conditions is affected by a force majeure event, we shall take reasonable steps to mitigate the effects of the force majeure event.
13. Variation
13.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
13.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
14. Assignment
14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15. No Waivers
15.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
15.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
16. Severability
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Third Party Rights
17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
18. Entire Agreement
18.1 Subject to Section 11.1, these terms and conditions, together with the booking information page on our website, shall constitute the entire agreement between you and us in relation to bookings made through our website, and shall supersede all previous agreements between you and us in relation to such bookings.
19. Law and Jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with English law.
19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
20. Statutory and Regulatory Disclosures
20.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
20.2 These terms and conditions are available in the English language only.
20.3 Our VAT number is 387422962.
21. Our Details
21.1 This website is owned and operated by The Hammersmith Bar and Lounge Limited.
21.2 We are registered in England and Wales under registration number 13223537, and our registered office is at 62 Glenthorne Road, Hammersmith, London, England, W6 0LR.
21.3 Our principal place of business is at 62 Glenthorne Road, Hammersmith London, W6 0LR.
21.4 You can contact us:
(a) using our website contact form;
(b) by telephone, on the contact number published on our website; or
(c) by email, using the email address published on our website.
Affiliate Program terms and conditions
Introduction
We have created these Terms and Conditions to ensure a smooth collaboration, by making our affiliate partnership requirements clear and upfront.
Please read the entire agreement. By joining the The Hammersmith Bar and Lounge Affiliate Program you agree that you have read and understand this agreement and that you have the full right, power and authority to enter into and be bound by the Terms and Conditions of this agreement without the approval or consent of any other party.
Important notice: at the moment we can only accept applications from registered businesses or individuals acting as independent contractors, who can provide us with a monthly invoice for the services rendered to us as affiliates.
Definitions
“Secrets” or “The Hammersmith Bar and Lounge” means a company owned, operated or controlled by The Hammersmith Bar and Lounge.
“Affiliate Program” means our affiliate program as described in this Agreement.
“Affiliate Lead” means a customer prospect who clicks on the Affiliate Link that we have made available to you via the Affiliate Tool.
“Affiliate Link” means the unique tracking link you place on your site or promote through other channels.
“Affiliate Policies” means the policies applicable to affiliates which we may make available to you from time to time.
“Affiliate Tool” means the tool that we make available to you upon your acceptance into the Affiliate Program and for you to use in order to participate in the Affiliate Program.
"Agreement" means this Affiliate Program Agreement and all materials referred or linked to in here.
“Commission” means an amount described in the Affiliate Tool (or if applicable, in the Program Policies) for each Customer Transaction.
“Customer” means the authorised actual user of Secrets who purchased Secrets products after being an Affiliate Lead.
“Customer Transactions” means those transactions by Affiliate Leads that are eligible for Commission pursuant to the ‘Customer Transactions’ section of this Agreement. Customer Transactions may include customer purchases or customer signups, as further described in the Affiliate Tool.
"Customer Data" means all information that Customer submits or collects via the Secrets website.
“Secrets Products” means both the Email sign up Service and all Products.
"We", "us", “our”, and “Secrets” means The Hammersmith Bar and Lounge.
“You” and “Affiliate” means the party, other than The Hammersmith Bar and Lounge, entering into this Agreement and participating in the Affiliate Program.
1. Registration
1.1 Your application to become a Secrets affiliate is subject to a manual review process in order to assess whether we’d make a good fit. The review process can take up to 10 business days and you will be notified via email with our decision.
1.2 By becoming an affiliate you agree to receive occasional emails from Secrets regarding changes in the affiliate program Terms and Conditions, news and updates or other information relevant to you as a Secrets affiliate.
1.3 You must provide us with accurate information regarding who you are, your business details and the website(s) and/ or platforms you intend to promote Secrets.
1.4 Reasons for rejected applications include but are not limited to any websites and/ or businesses that:
1.4.1 promote or display violence, discrimination, sexually explicit materials, copyright and trademark infringement, spamming, scamming, or any other illegal activities;
1.4.2 include in their domain name “Secrets”, its variations or misspellings;
1.4.3 replicate or resemble our website design (explicitly or implied) in a manner which leads customers to believe you are Secrets or any other affiliated business;
1.4.4 resell any of our products;
1.4.5 are not aligned with our business standards or that are inappropriate for the product we sell.
Please note that this list is not exhaustive and that we reserve the right to decline your application at our sole discretion, without providing a rejection reason.
2. Commissions and payouts
2.1 Standard commission rate is £10 for each new Secrets entry only booking made by customers through your referral link. Standard commission rate for experiences is 10% of fee paid by customer on booking through the website.
2.2 Standard cookie duration is 30 days. Therefore, the customers have a 30-day time frame from the moment they clicked on your affiliate link to decide whether to make a purchase on www.secrets-clubs.co.uk or not. If they purchase after the cookie has expired, commissions will unfortunately not be registered (unless they use your affiliate link again).
Moreover, the commission will go to the first affiliate whose link was clicked (if the purchase is completed in the 30-day time frame).
Example: if the customer clicks first on your affiliate link and later on, when he decides to purchase, uses another affiliate’s link, the commission goes to you.
2.3 We have a cancellation policy, therefore we only pay commissions after the date of the booking has passed.
2.4 Minimum payout is 50 GBP. Payments will be made in GBP into your bank account monthly, between the 15th day of the month and the last day of the month. In order to comply with our laws, we need you to provide us with an invoice reflecting the respective amount due that month, by sending it via email between the 1st and 14th day of that month.
Example: by March 31st you have an amount of 120 GBP accepted and unpaid commissions in your balance. Between 1-14th of April you send us an invoice for the 120 GBP. We transfer the amount to your bank account between 15-30th of April.
2.5 If you wish to reach a certain higher amount before getting paid, you can wait up to 3 months before invoicing us.
2.6 You have the full obligation to comply with any laws and taxes you might be subject to in your country of residence as a result of rendering affiliate services to us.
2.7 We reserve the right to lower or increase our standard commission rates at any moment and for any reason. You shall be notified via email 30 days in advance before such changes go into force.
2.8 All commissions are subject to approval in order to be subsequently paid. Each commission’s status will be available in your affiliate program dashboard as “Pending”, “Unpaid”, “Rejected” or “Paid”.
2.9 You are not allowed to use your own affiliate link to book a Secrets entry or experience unless you have been provided with a unique booking note reference which must be included in the booking.
3. Promotion permissions and restrictions
3.1 The following promotional methods are permitted:
3.1.1 Giving your affiliate link directly to your friends or potential customers that might be interested in Secrets;
3.1.2 Writing a review on your blog or website about Secrets and linking to our product with your affiliate link (or other provided creative asset);
3.1.3 Writing an article on your blog or website and linking to our website with your affiliate link (or other provided creative asset);
3.1.4 Using your social media accounts to share your affiliate link with your audience (side note: make sure this is a practice permitted by the respective social network and that you comply with their Terms and Conditions as well);
3.1.5 Promoting your affiliate link in emails, so long as the recipient is already a customer or subscriber of your services or website and they have the option to remove themselves from future mailings;
3.1.6 Podcast mentions of your affiliate link and/ or discount code.
3.1.7 Paid advertising methods. All paid marketing must be approved by Secrets
3.2 There are certain promotional methods we do not tolerate and will have your account terminated, should you engage in such activities:
3.2.1 Spamming (in any form and/ or on any platform/ channel, includes but is not limited to: unsolicited promotional email, mass commenting on websites, posting your affiliate link on groups and forums where it’s not permitted, sending unsolicited direct messages etc);
3.2.2 Misrepresenting our brand and product in any way (includes but is not limited to: misleading customers or using false information about our product, using fake testimonials, pretending you are an employee of Secrets or that you are Secrets, concealing or misrepresenting your identity or your affiliation to our business etc);
3.2.3 Placing your affiliate link and/ or discount code on any coupon websites.
Again, this is not an exhaustive list and we reserve the right to terminate your account whenever we consider your promotional activities are not aligned with our business values.
If you are unsure whether a particular promotional method is accepted, please contact us in advance for confirmation.
4. Account termination
4.1 Either you or we may end this Agreement at any time, with or without cause, by giving the other party written notice in the form of email.
4.2 We reserve the right to terminate your account at any moment and without any previous notice, should we consider that you breached any Terms and Conditions of this Agreement. Any pending or unpaid commissions that are subject to your violation of our Terms and Conditions will be withheld.
5. Final note
5.1 By registering and being approved as an affiliate to the Secrets Affiliate Program you agree to abide by the Terms and Conditions herein.
5.2You agree that you are an independent contractor and that the affiliate relationship does not represent an employment relationship between you and Secrets. Moreover, you have no authority to make or accept any offers or representations on our behalf.
5.3 You agree that this is not a legally binding relationship and as a result you may not take legal action against Secrets.
5.4 These Terms and Conditions are subject to change and you will be notified in advance about such changes.
5.5 You have the right to opt-out of our affiliate program at any time by notifying us via email.
If you have any questions regarding the Terms and Conditions herein please contact us.