Terms of Use

Website terms of use

This website www.activityfan.com (“Website”) including other website extensions e.g provider.activityfan.com is owned by and operated by Activity Fan Limited. Activity Fan Limited registered address is Wood End, Park Drive, Ashtead, Surrey, KT21 1JB. Registered in England No. 9725081

The terms “we”, “us” and “ours” when used in these Terms of Use means Activity Fan Limited.

The terms “you”, “your” and “yours” when used in these Terms of Use mean any user of this website.

Activity Fan Limited is neither a buyer nor provider of Services offered for sale. Activity Fan Limited is neither a principal nor an agent in a buying transaction. Activity Fan Limited is an online marketplace. Activity Fan Limited is an agent of an Activity Provider(s) only to the extent of use of Our Website as a platform for sale of their Service(s) and for collection and forwarding consumer(s) money.

Agreement

Access to and use of this website and the information, materials, products and services available through this website are subject to all applicable laws and regulations and to these Terms of Use.

By accessing this website, you agree to these Terms of Use which form a legally binding agreement. If you do not agree, please exit this website.

Please note, our website and services offered are intended to be used to facilitate consumer(s) and activity provider(s) booking with each other. Activity Fan Limited cannot and does not control the content in any of the listings and the condition, legality or suitability of any service. Activity Fan Limited is not responsible for any disclaims and all liability related to any listings and services. Any booking will be made and accepted at your own risk.

These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the website, and you should always review these Terms of Use prior to using this website to ensure that you have a current understanding of these Terms of Use under which you are permitted to access this website. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request.

Access to this website (or portions thereof) and the use of information, materials, products or services provided through this website (or portions thereof), is not intended, and is prohibited, where such access or use violates applicable laws or regulations.

Ownership

Unless otherwise indicated, this website and its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this website (“Elements”) are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of Activity Fan Limited or are included with the permission of the rights owner and are protected pursuant to copyright and trademark laws.

The posting of any such Elements on this website does not constitute a waiver of any right in such Elements. You do not acquire ownership rights to any such Elements viewed through this website. Except as otherwise provided herein, none of these Elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this website, provided you do not modify the Elements and that you retain any and all copyright and other proprietary notices contained in the Elements. This permission terminates automatically if you breach any of these Terms of Use.

Links from other websites

Persons providing access to this website via any link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning Activity Fan Limited.

Authorization by us to link to this website is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorization to link to this website at any time and for any reason. We may also use technology that prevents so called "deep linking", web crawling, or at any time to prohibit any person from access to this website or any part of it which we in our sole discretion consider is excessive or in any way harmful to the operation of this website, or to Activity Fan Limited business or reputation.

Anyone providing access to, or information relating to this website, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.

These Terms of Use, and any Contract between us, are only in the English language.

1. Information about us

1.1 We operate the website www.activityfan.com . We are Activity Fan Limited, a company registered in England and Wales under company number 9725081 and with our registered office at Wood End, Park Drive, Ashtead, Surrey, KT21 1JB.

1.2 To contact us, please see our Contact Us page https://www.activityfan.com/contact/

2. Use of our site

Your use of our site is governed by our Terms of website use. Please take the time to read these, as they include important terms which apply to you.

3. How we use your personal information

By agreeing to these Terms of Use, you acknowledge you have read and understood the terms of our Privacy Policy and that you agree with it.

With the exception of Personal Data, any communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary. Upon the transmission of any personal information to us, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose as detailed in our Privacy Policy.

Posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.

We reserve the right to monitor your communications with us, providers and clients whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

Notwithstanding the foregoing, all personal data provided to us as a result of this website will be handled in accordance with our Privacy Policy.

4. If you are an activity provider

This clause 4 only applies if you are an activity provider.

4.1 These Terms of Use and any (our Privacy Policy and Payment Services Agreement) constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

4.2 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms of Use (our Privacy Policy and Payment Services Agreement).

4.3 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation (or negligent misstatement) based on any statement in this Contract.

5. How the contract is formed between you and us

5.1 For the steps you need to take to place on order on our site, please see our Become a Provider page https://provider.activityfan.com/#/account/signup.

5.2 Please take the time to read and check your information at each page of the process.

5.3 After you register yourself as an Activity Provider, you will receive an e-mail from us acknowledging that we have received your information.

5.4. We remain the right to remove the Service posted on our website if:

(a) service might be offensive

(b) activity provider is not providing a good quality service

(c) service is unsuitable for our website

6. Cancellation and refund

6.1 This clause 6 applies if you are a consumer and/or activity provider.

6.2 If you are a consumer or an activity provider, you have a legal right to cancel a Contract during the period set out below in clause 6.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to continue with a Service, you can notify us of your decision to cancel the Contract and receive a refund.

6.3 Your legal right to cancel a Contract starts from the date of the Service Confirmation, which is when the Contract between us is formed.

6.4 As a client you may cancel the service you've booked and receive a refund 4 (four) days before the Service is due. If cancelled less than 4 days prior to the due date of the Service, please note no refund will be given

6.5 To cancel a Contract, please use website interface and follow the cancellation instructions online.

6.6 You will receive a full refund of the price you paid for the Services. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 6.5

6.7 We refund you on the PayPal account, or credit card/debit card used by you to pay.

6.8 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Service confirmation email.

7. Price of services

7.1 The prices of the Services will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Services are correct at the time when the relevant information was entered onto the system.

7.2 The prices of the Services will be indicative and consumers will be able to view prices in currency consumer shall select. Please note that we accept payments only in these currencies: EUR, GBP and USD.

7.3 Prices for our Services may change from time to time, but changes will not affect any order which we have confirmed with a Service Confirmation.

7.4 The price of a Service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect.

7.5 Activity Fan Limited will not receive a full payment for the service(s). Activity Fan Limited acts as an online marketplace, that receives a commission from the amount paid for the service(s) from an activity provider.

8. How to pay

8.1 You can pay for Services using your PayPal account or your debit card/credit card. We accept the following cards: Visa, MasterCard, American Express.

8.2 Payment for the Services and all applicable charges is in advance. We will not charge your debit card or credit card until we confirm your Service.

9. Warranty disclaimer

9.1 “As is”. The Service is provided “as is”, and without warranty of any kind and you are responsible for ensuring the Service is suitable for your intended purposes.

9.2 Activity Fan does not warrant that the Service(s), and Activity Fan Limited shall have no liability of any kind for the use of inability to use the Service(s) or any associated service.

9.3 Activity Fan disclaims to the fullest extent authorized by law any and all other warranties, whether express or implied. Without limitation of the foregoing, Activity Fan Limited expressly does not warrant that the Service will meet your requirements or expectations.

9.4 Consumer assumes all responsibility for selecting the Service and for the results obtained from the use of the Service. Consumer shall bear the entire risk as to the quality, health care, satisfaction and the performance of the Service.

10. Liability disclaimer

10.1 To the fullest extent permitted by applicable laws we, on behalf of our consumer(s) and activity provider(s) exclude liability for any losses, injuries, damages and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, or consequential loss or damages, loss of income or profit, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. Activity Fan Limited does not provide any insurance for the services offered on Activity Fan Limited website.

10.2 If any dispute arises, please note that consumer(s) should deal directly with an activity provider(s). Activity Fan Limited has no legal obligations nor detailed information about the Service(s). In order to keep a record of your dispute with an activity provider(s) please send an email using our website, so that Activity Fan Limited could keep a record of your dispute.

10.3 Activity Fan Limited does not employ the activity provider(s), and do not host any of the Service(s) and cannot be accountable for any Activity Provider(s) actions.

11. Events outside our control

11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11.2.

11.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

12. Communications between us

12.1 If you are a consumer:

(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 6, you can cancel your account online. (using our website interface)

(b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail hello@activityfan.com

(c) You should receive a booking confirmation within 24 hours, depending on the confirmation type that activity provider(s) chose.

12.2 If we have to contact you or give you notice in writing; we will do so by e-mail address you provide to us in your order or will reach out to you using our website interface.

12.3 If you are an Activity Provider:

(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 6, you can cancel your account online. (using our website)

(b) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

13. Other important terms

13.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

13.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

13.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

13.4 If we fail to insist that you perform any of your obligations under these Terms, 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 and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

13.5 If you are a consumer, please note that these Terms are governed by English law and any dispute or claim arising out of or in connection with these terms shall be governed by English law. You and we both agree that the courts of England and Wales shall have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

13.6 If you are an Activity Provider, a Contract and any dispute or claim arising out of or in connection with it or its 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.

13.7 If you are an Activity Provider, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

Entire Understanding

These Terms of Use contain the entire understanding between you and us with respect to this website and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Use shall remain in full force and effect.

Law & Jurisdiction

The website is controlled by Activity Fan Limited from its office in England. Access to, or use of, this website or information, materials, products and/or services on this website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this website. We make no representation that the information contained herein is appropriate or available for use in other locations outside the England and Wales.

You agree that the substantive laws of England and Wales shall govern any controversy or claim of whatever nature arising out of or relating to the use of this website, without regard to any conflict of law’s provisions. All actions or proceedings arising out of or relating to these Terms of Use, their validity, performance, enforcement or breach, or the subject matter of these Terms of Use shall be heard in the courts of England and Wales and you hereby irrevocably consent and submit yourself to the personal jurisdiction of said courts for all such purposes.

Notwithstanding the foregoing, we retain the right to bring legal proceedings in any jurisdiction where we believe that breach of this agreement is taking place or originating

Contacting us

If you have any questions regarding these Terms of Use or any other matter, you may contact us using our Contact Us form: https://www.activityfan.com/contact/ or by writing to us at:

Activity Fan Limited
Wood End
Park Drive
Ashtead
Surrey
KT21 1JB
United Kingdom