Your attention is particularly drawn to the provisions of clause 12 (Limitation of liability) and clause 22.5 (other terms which apply to members and visitors).
Company details. LASTMINUTEMUSICIANS.COM LIMITED (company number 06544335) (we and us) is a company registered in England and Wales and our registered office is at The Font, Church House, Gosport Street, Lymington, Hampshire, England, SO41 9BB. Our registered VAT number is 188303003. We operate the websites www.gigheaven.com and www.lastminutemusicians.com.
Contacting us. To contact us please e-mail Mr. Adam Hughes at admin@gigheaven.com. How to give us formal notice of any matter under the Contract is set out in clause 19.2.
Our contract. These terms of service (Terms) apply to the use of our service by you and supply of services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Members and Visitors. This Contract applies to Members and Visitors. Registered users of our services are "Members" and unregistered users are "Visitors". When you complete a registration form and register for our services you become a Member. This website is not intended for children and Members warrant that they are 18 years of age or older. If you have chosen not to register for our services, you may access certain features as a Visitor.
Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter, except where we expressly state that separate terms apply. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
Your copy. We recommend that you print a copy of these Terms for future reference.
Orders. You may request an order by completing and submitting booking forms available on our website. Each completed and submitted booking form is an offer by you to buy the services specified (Services) subject to these Terms.
Correcting input errors. Our registration process allows you to check and amend any errors before submitting your registration form to us. Please check the registration form carefully before confirming it. You are responsible for ensuring that your registration form is complete and accurate.
Accepting your order. Our acceptance of your order request takes place when we send you a confirmation message to you accepting it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation.
If we cannot accept your order. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you in full any amounts already paid to Gig Heaven.
Services. This Contract applies to access and use of our online resources provided by us including: online entertainment directory containing personalised content listings of your choice, event planning advice, fast contact via email, access to articles and booking facilities. You can access all our Services via https://www.gigheaven.com and https://www.lastminutemusicians.com.
Descriptions and illustrations. Any descriptions or illustrations on our website are published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of the Contract or have any contractual force.
Compliance with specification. Subject to our right to amend the specification, we will supply the Services to you in accordance with the specification for the Services appearing on our website at the date of your order in all material respects.
Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
It is your responsibility to ensure that:
If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 5.1 (Your Default):
Services in the following countries.
We are only able to perform the Services in the following countries:
Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Jersey, Latvia, Lithuania, Luxembourg, Malta, Mexico, Monaco, Morocco, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, Thailand, Turkey, Ukraine, United Arab Emirates, United Kingdom, United States.Charges for the Services (for customers only)
In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 7.
The Charges are the prices shown on the booking contract at the time you agree to book a supplier. You must pay 10% of the total charge directly to Gig Heaven (our service fee) and the remaining 90% balance directly to the supplier as outlined on the booking contract.
If you wish to change the scope of the Services after we accept your booking, and we agree to such change, we will modify the Charges accordingly.
Please see clause 7.6 for what happens if we discover an error in the price of the Services you ordered.
It is always possible that, despite our reasonable efforts, some of the Services on our website may be incorrectly priced by us or a supplier. If the correct price for the Services is higher than the price stated on our website, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Services and refund you any sums you have paid.
Payment for the Services is in advance at the time of confirming an event contract.
You can pay for the Services using a debit card or credit card.
All amounts due under the Contract must be paid in full without any set-off, counterclaim, deduction or withholding other than any deduction or withholding of tax as required by law.
All intellectual property rights in or arising out of or in connection with the Services other than intellectual property rights in any content provided by you will be owned by us.
Intellectual property rights in content provided by you are owned by you. Any content (including feedback and personal information) you upload for the use of the Services and through our Services will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are agree to grant us a worldwide, non-exclusive, royalty-free, licence to use, copy, publish and modify content provided by you to us and to distribute and make it available to third parties during the term of this Contract for the purpose of providing the Services to you without any further consent, notice and/or compensation to you. These rights are limited in the following ways:
We have the right to:
You are solely responsible for securing and backing up your content.
We respect the intellectual property rights of others. We require that information posted by you be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a process for complaints concerning content posted by you. Please contact Mr. Adam Hughes at admin@gigheaven.com for further information.
How we may use your personal information
Further details of how we will process personal information are set out in our Privacy Policy.
Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
Subject to clause 12.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
Our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to total Charges paid to us by you under the Contract for our Services.
Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
We exclude all implied conditions, warranties, representations or other terms that may apply to our Services or any content on it.
Gig Heaven does not verify or endorse members. While members are required by these terms to provide accurate information we do not make any representations about, confirm, or endorse any member or their claimed identity or background. It is your responsibility to carry out any checks needed to verify the validity and suitability of members prior to agreeing a booking. We strongly recommend that you exercise due diligence and caution when deciding whether to book a supplier, accept a booking request from a customer, or engage in any interaction with another member. Gig Heaven is not responsible for any damage or harm resulting from your interactions with other members. You agree that any legal remedy or liability you seek for actions or omissions of other members or third parties will be limited to a claim against those specific individuals or entities. You agree not to hold Gig Heaven liable or seek legal recourse from us for such actions or omissions. Special care should be taken if your event will be attended by children.
To the fullest extent permitted by law, we shall not be liable to you and you should indemnify us against all liabilities, costs, expenses, loss or damage (whether direct, indirect or consequential and whether economic or other) and all other professional costs and expenses suffered or incurred by us arising from our exercise of the rights granted to us by you under this Contract.
This clause 13 will survive termination of the Contract.
Confidentiality
We each undertake that we will not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by clause 14.2
We each may disclose the other's confidential information:
Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract.
Termination
Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us by email at admin@gigheaven.com. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.
Members listings review policy
Member reviews are moderated by our automated systems and our employees.
We reserve the right to withhold publications of a review if it is not compliant with our content standards set out in our Acceptable Use Policy.
Members are notified by email when a new review has been approved by us and is live on their listing. We aim to process reviews within 7 working days. If negative reviews are left with a rating of under 6/10, or our moderation team can't verify the authenticity of the review, the reviewer must verify it by providing proof of identity (valid photo ID) and that the review is based on a genuine booking made via www.gigheaven.com (by providing written evidence such as a signed booking contract). To verify a negative review please send an email including the above evidence to admin@gigheaven.com with the subject "Rating Verification". If a negative review is not verified by the reviewer within 7 days of the original date the review was submitted it will be deleted.
Members must only publish genuine reviews on their listings. If a review is found to be a fake or malicious review we have a right to terminate this Contract in accordance with clause 15.
Member content
You acknowledge and agree that you are fully responsible for all content you provide on Gig Heaven or allow us to use. By doing so, you confirm and guarantee that: (i) you are either the sole owner of all content or have obtained all necessary rights, licenses, consents, and permissions required to grant us the rights to use such content as outlined in these Terms; and (ii) neither the content nor your actions in posting, uploading, publishing, submitting, or transmitting it, nor our use of the member content (or any part of it) on or through Gig Heaven, will infringe, misappropriate, or violate any third party's patents, copyrights, trademarks, trade secrets, moral rights, or other proprietary or intellectual property rights, rights of publicity or privacy, or lead to the breach of any applicable law or regulation.
Communications between us
When we refer to "in writing" in these Terms, this includes email.
Any notice or other communication given under or in connection with the Contract must be in writing and be sent by pre-paid first class post or other next working day delivery service, or email. A notice or other communication is deemed to have been received if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting, if sent by email the next working day after transmission.
The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
Service fee avoidance
All prices provided by suppliers must accurately reflect the true cost of the service. Members are prohibited from altering prices in any way to avoid Gig Heaven's fee. Suppliers may not change the booking price to evade Gig Heaven's fees or misrepresent the event's location. Additionally, suppliers may not artificially adjust expenses on the booking to manipulate Gig Heaven's fee.
Customers that contact suppliers on Gig Heaven agree that all bookings will be completed using a Gig Heaven booking contract which includes Gig Heaven's service fee. Suppliers are not allowed to encourage customers to book services listed on Gig Heaven outside of the platform, such as directly through their own website, as this also constitutes fee avoidance.
When entering a price on a quote or contract the total fee must include all taxes, travel expenses and any additional costs (including third party suppliers). If a supplier recommends other suppliers to a customer, they must also be booked via Gig Heaven.
Re-engagement of a supplier
When booking a Supplier through Gig Heaven, Customers and Suppliers are prohibited from accepting or soliciting bookings that originate on Gig Heaven outside of the platform. Using the platform to arrange bookings outside of Gig Heaven is not permitted.
Should a Customer wish to offer additional work to a Supplier as a result of a booking made through Gig Heaven, both the Customer and the Supplier must inform Gig Heaven with the relevant details.
The Supplier agrees to manage all future bookings through Gig Heaven, rather than directly with the Customer, for a period starting from the date the booking is confirmed and lasting until 24 months after the date of the initial engagement.
The Supplier also agrees not to distribute business cards, promotional materials, or any contact details other than those of Gig Heaven to the Customer, their guests, staff, venue personnel, wedding or event planners, or contractors.
If the Supplier is approached by the Customer, a guest, an employee of the Customer, the venue, or anyone else involved in the event, the Supplier must immediately notify Gig Heaven and remit to Gig Heaven an amount equivalent to the fee that would have been payable if the booking had been made through Gig Heaven.
You must keep your account details safe. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
Do not rely on information on our website. The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.
Only open links or file attachments you trust. We recommend that you use an antivirus on your device for extra security.
We are not responsible for websites we link to. Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
Other terms. There are other terms that apply to our Members and Visitors. These terms refer to the following terms:
Assignment and Transfer
Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.
Enquiries to members. Enquiries must be related to a potential booking in accordance with our terms of service, not for any other purpose. All messages are human-moderated to prevent abuse.
Gig Heaven has members, our newest member is (updated )
