Terms & Conditions

NIDC Limited is a company incorporated and registered in England and Wales with company number 09828789. It is the owner and operator of WHIIZ PLACES Foodie Club & Events, which runs the website https://www.whiizplaces.com, WHIIZ PLACES newsletters and WHIIZ PEOPLE community.

These terms and conditions apply to all services ordered from or provided to You by WHIIZ PLACES. By requesting Services from WHIIZ PLACES, You (i) confirm and declare that You have read and understood these terms and conditions; and (ii) agree to enter into an agreement with WHIIZ PLACES on the terms and conditions set out in this document (the Agreement), which Agreement shall govern the legal relationship between WHIIZ PLACES and You. These terms and conditions shall take effect and be binding upon You and WHIIZ PLACES upon acceptance by WHIIZ PLACES of Your Membership application and be applicable for the duration of Your Membership and shall only cease to have effect upon the expiry or termination of Your Membership.

1. DO YOU SPEAK WHIIZ?

The following definitions and rules of interpretation apply to these terms and conditions.

1.1 Definitions

Benefits means the supply of products and/or provision of services to Members by a Venue.

Joining Fee means the one-off fee payable by the Member to WHIIZ PLACES upon acceptance of a Membership application by WHIIZ PLACES. Members of WHIIZ PLACES are also regarded as WHIIZ People Members.

London means Greater London, United Kingdom.

Member means any legal person registered as a member of WHIIZ PLACES Foodie Club, as further described in Clause 2 and accordingly enters into the Agreement with WHIIZ PLACES. A Member must be (i) an individual aged 18 years old or over or (ii) a legally extant corporate entity. A Member may also be referred to as You in these terms and conditions.

Membership means a membership with WHIIZ PLACES Foodie Club. It also applies to WHIIZ People.

Membership Card means the card issued to Members by WHIIZ PLACES upon acceptance of their Membership application.

Membership Fee means the annual fees payable in respect of the Membership, notified to Members upon initial application and prior to the renewal of Membership. The annual fee may vary depending on the Membership Tier.

Membership Tier means the 2 levels of Membership currently available at different annual fees, namely Feel Good, Social Vibes, as further described on the Website and on the Membership’s documentation sent to new Members once their application has been approved.

Private Booking means any bespoke non-corporate booking made by WHIIZ PLACES upon the request of a Member for an event (from 2 people to a large group) on a day of their convenience.

Corporate Booking means any bespoke corporate booking made by WHIIZ PLACES upon the request of a Member for an event (from 2 people to a large group) on a day of their convenience.

Private Booking Fee means the fee for a Private Booking.

Recommendations means the list of Venues mentioned in the WHIIZ PLACES newsletter, Instagram or Facebook accounts.

Request means a request made by a Member to WHIIZ PLACES for WHIIZ PLACES to arrange a booking with a Venue.

Services means the services provided by WHIIZ PLACES to its Members as part of their Membership, as further described in this Agreement, and which are currently only available in London.

Sponsor means a Member who refers a new customer to WHIIZ PLACES Foodie Club, in accordance with the procedure set out in Clause 2.

Venue means a venue such as a restaurant, bar, private club or pub located in London and booked by WHIIZ PLACES on behalf of and as agent for a Member.

Website means https://www.whiizplaces.com

WHIIZ PLACES means NIDC Limited, a company incorporated and registered in England and Wales with company number 09828789.

WHIIZ PLACES Foodie Club means the private club owned by WHIIZ PLACES, which offers a range of services (as described in Clause 4) to its Members.

WHIIZ PEOPLE refers to the members' community of WHIIZ PLACES.

1.2 Clause headings shall not affect the interpretation of these terms and conditions.

1.3 A reference to a statute or statutory provisions is a reference to it as amended, extended or re-enacted from time to time.

1.4 A reference to writing or written includes e-mail.

1.5 References to Clauses and Annex are to the clauses and annex of these terms and conditions.

1.6 “They” and “their” shall include “he”, “she”, or “it” as appropriate.

2 APPLICATIONS FOR WHIIZ MEMBERSHIP

2.1 All Membership applications (which must include the name of a Sponsor) are subject to acceptance by WHIIZ PLACES at its sole discretion. WHIIZ PLACES shall promptly notify applicants in the event that their Membership application has been accepted. WHIIZ PLACES is under no duty to disclose reasons for rejecting any Membership application.

2.2 Members shall provide accurate personal details (including but not limited to a valid e-mail address) when applying for a Membership. Failure to do so may invalidate the Membership and any subsequent transactions. A Member’s responsibility to provide accurate information is a continuing obligation, and they must notify WHIIZ PLACES promptly in writing in the event that any information provided in connection with their Membership changes.

2.3 WHIIZ PLACES will issue the Member with a Membership Card together with associated Membership documentation as soon as reasonably possible following receipt of the Joining Fee and Membership Fee. Members must notify WHIIZ PLACES immediately by e-mail if their Membership Card is lost or stolen.

2.4 Your Membership is personal to You. You are responsible for ensuring that no one uses Your Membership Card. All requests and bookings must be made by a Member for a Member’s sole personal use and are non-transferrable. Failure to do so may incur the Member’s exclusion from WHIIZ PLACES Foodie Club, with non-refundable Joining Fee and Membership Fee.

3 WHIIZ MEMBERSHIP; RIGHTS AND OBLIGATIONS

3.1 Members have the right to cancel their Membership within the first 14 days, starting on the day their Membership application has been approved and notified by WHIIZ PLACES (the Cooling-off Period) and must inform WHIIZ PLACES of such in writing. Members who cancel their Membership within the Cooling-off Period will be reimbursed for their Membership Fee, minus deductions made for Services performed up until their notification to cancel.

3.2 For the first year of Membership, the Joining Fee shall be confirmed to the Member prior to acceptance of their Membership application. The Joining Fee and Membership Fee shall be payable in full upon acceptance of a Membership application

3.3 Joining Fees are non-refundable in any circumstances.

3.4 Any increase or decrease in the Membership Fees for subsequent years of Membership will be notified to all Members at least one month prior to their Membership renewal date.

3.5 If, during the course of a current Membership, a Member wishes to upgrade their Membership to a higher level of Membership, the difference in price between the two categories of Membership will be payable on a pro-rata basis.

3.6 Certain Services may incur an extra booking fee depending on the Membership Tier, and in such event You hereby authorise WHIIZ PLACES to invoice You in respect of such fees or charges.

3.7 Prices exclude VAT, which will be added to the total amount due where applicable. Unless otherwise agreed in writing, all payments by a Member must be made in pounds sterling by bank transfer only (details on each invoice) and within the time period stated on the invoice.

3.8 Members shall pay all sums due to WHIIZ PLACES promptly in accordance with these terms and conditions (and/or the quotation as applicable). If a Member does not make prompt payment of any sum, then in addition to and without prejudice to all other rights and remedies, WHIIZ PLACES shall be entitled to cancel the provision of Services and withdraw any quotation and the Member shall have no recourse against WHIIZ PLACES.

3.9 Members are solely responsible for informing WHIIZ PLACES if they or any of their guests have a particular dietary requirement at the time of the request for Services. WHIIZ PLACES will relay this request to the Third party but shall not in any event be held responsible if the Venue cannot accommodate a special dietary request.

3.10 Members covenant that they shall only use the Website and newsletter for lawful purposes and that they shall not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of WHIIZ PLACES’s website and/or newsletter. Members shall not, without WHIIZ PLACES’s prior written consent, copy, reproduce, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, or distribute in any way the web pages or materials on the Website and/or on any newsletter other than solely for their own personal use. Members shall not use the contents of the Website for any commercial purposes whatsoever.

3.11 Members shall indemnify WHIIZ PLACES against any costs, liability, damages, loss, claims or proceedings which may arise out of their use of Services supplied by WHIIZ PLACES or out of any breach of any part of this Agreement.

3.12 WHIIZ PLACES may, at its absolute discretion, cancel or suspend a Membership or any of the Services, for any reason. WHIIZ PLACES will however not exercise this discretion arbitrarily or capriciously nor treat a Member unfavourably in any part of the Services it provides due to disability, gender, race, sexual orientation, age, religion or belief, or any other legally protected characteristic.

3.13 If WHIIZ PLACES cancels a Membership where it is reasonable to do so, WHIIZ PLACES shall refund the balance of the current annual Membership Fee on a pro-rata basis in respect of the unexpired period to which the annual Membership Fee relates. If the cancellation is the result of a non-respect by the Member of these terms and conditions, the Joining Fee and the Membership Fee are non-refundable.

3.14 WHIIZ PLACES shall not (with the exception of death or personal injury resulting from negligence or any other matter which cannot legally be excluded) be liable or responsible for any loss or damages of any nature, whether direct, indirect or consequential, suffered or incurred by a Member or any guest of the Member during any event booked by WHIIZ PLACES.

4 WHIIZ SERVICES

Members of WHIIZ PLACES Foodie Club may enjoy a full range of exclusive services relating to the culinary and entertainment scene in London.

4.1 WHIIZ PLACES Newsletter

Members will have access to WHIIZ PLACES newsletters. The degree of access to the newsletters depends on the Member’s Membership Tier. WHIIZ PLACES accepts no liability for any claims arising from any inability by a Member to access the newsletter. Members are responsible for checking their spam box or manage their e-mail box to accept WHIIZ PLACES’s newsletter.

Recommendations given by WHIIZ PLACES are mainly focused on Venues and are based on the WHIIZ PLACES team’s and on trusted Members’ opinions (in the latter case, WHIIZ PLACES only acts as an information relay).
The WHIIZ PLACES Team is fully independent and is not getting paid to recommend Venues. Venues that do not meet the criteria of WHIIZ PLACES are not mentioned in the Recommendations. Members will be informed in due course if this Recommendation policy changes for any reason.
You are responsible for providing WHIIZ PLACES with a valid e-mail address that You can access. WHIIZ PLACES shall not be liable for any issue experienced by You with Your own mailbox (including but not limited to spams).
Access to Recommendations depends on the Membership Tier.

4.2 WHIIZ PLACES Private Bookings

Booking process: Members may place requests for Private Bookings to WHIIZ PLACES by telephone or by e-mail. The Member will be asked to complete a questionnaire for WHIIZ PLACES to produce a quotation. WHIIZ PLACES will use reasonable endeavours to ensure that the Member is offered different suggestions within an acceptable timeframe (which may vary depending on the type of booking requested). This timeframe will be specified in the quotation. Once agreed, the signing of the quotation by the Member and the payment of the deposit by bank transfer to WHIIZ PLACES will constitute an express request from the Member for WHIIZ PLACES to perform its Services.
Amendment and/or cancellation: Members must notify WHIIZ PLACES of any amendments and/or cancellations as soon as possible in writing by e-mail only. Amendments are subject to an extra fee, to be determined on a case-by-case basis. Cancellations are subject to the non-refund of the deposit.
Payment: The full amount of fees due for the Service shall be payable by the Member to WHIIZ PLACES prior to the use of the Private Booking, in accordance with the terms of the invoice.

4.3 WHIIZ PEOPLE Events

WHIIZ PLACES may organise special events for Members only. These events may be subject to an extra fee, depending on the Membership Tier. Members will be notified of such in advance.

4.4 WHIIZ PLACES Corporate Bookings

Corporate bookings are subject to additional special terms included in the contract signed by WHIIZ PLACES and the company that takes the Membership.

4.5 General provisions about services

4.5.1 WHIIZ PLACES shall supply the Services to the Member during the Membership in accordance with the Member's Requests. Nevertheless, WHIIZ PLACES cannot guarantee a booking with a specific Venue on a day and at a time as requested by the Member and shall not be liable for the lack of availability of a Venue. WHIIZ PLACES may offer Members substitute Services of a similar description and standard. Members may at their sole discretion refuse such substitute Services and they hereby acknowledge that any deposit already paid shall be non-refundable.

4.5.2 When booking a Service or accessing a Benefit, a Member may be required to provide payment card details. If a Member requests and authorises WHIIZ PLACES to use their payment card in order to pay a Venue for their services, the Member acknowledges and agrees that WHIIZ PLACES shall have no liability or be responsible in any way whatsoever in respect of the use of their payment card provided that WHIIZ PLACES acts in accordance with the instructions issued by the Member in relation thereof. WHIIZ PLACES guarantees that the payment card details will no longer be stored as soon as the booking has been secured.

4.5.3 Services will be provided in English or French according to the preference of the Member during normal business hours in the United Kingdom, from Monday to Friday, except on bank holidays. Outside normal business hours on weekdays, or on Saturday, Sunday and bank holidays, Members will be charged with an extra fee for their Requests.

4.5.4 While WHIIZ PLACES is currently fully independent from any recommended Venue, Members acknowledge that WHIIZ PLACES reserves the right to accept commissions upon the supply of products or performance of services by any Venue.

4.5.5 Telephone calls to WHIIZ PLACES may be monitored or recorded for training and quality control purposes.

4.5.6 WHIIZ PLACES shall provide the Services using reasonable care and skill and in accordance with Members’ Requests and reasonable instructions.

4.6 Complaints

In the unfortunate circumstance that a Member may have a complaint relating to WHIIZ PLACES’s Services, such complaint must be made promptly and in writing to WHIIZ PLACES no later than 1 working day from the date of the event organised by WHIIZ PLACES.

5 WHIIZ RIGHTS AND OBLIGATIONS

5.1 WHIIZ PLACES agrees to provide the Services set out in Clause 4 subject to the following (save only in the case of fraud):

5.1.1 WHIIZ PLACES accepts no liability for any claims arising from any inability by a Member to access the newsletter. Members are responsible for checking their spam box or manage their e-mail box to accept WHIIZ PLACES’s newsletter.

WHIIZ PLACES shall not be liable for any consequential loss (including loss of profit), cost, expense or damage of any nature whatever (whether direct or indirect) resulting from the provision of the Services or Members’ reliance upon the information and suggestions provided by WHIIZ PLACES hereunder.
1. Further and in any event, WHIIZ PLACES’s liability for any breach of this Agreement shall be strictly limited to the amount of a Member’s Joining Fee.
2. Members acknowledge that, apart from the Agreement to provide the Services, any contract for the supply of services made as a result of a Request is between the Member and the relevant Venue. WHIIZ PLACES is not a party to such contract. Cancellation of contracts with Venue should be addressed with the Venue directly and will be subject to the relevant Venue's contractual terms and policies. Members also acknowledge that the Benefits are subject to availability and may change from time to time without notice.
3. Venues are responsible for providing Members with the services, products and Benefits expected when Members request WHIIZ PLACES to book on their behalf. WHIIZ PLACES shall communicate with the Venue on a Member’s behalf (including but not limited to the circumstances outlined in Clause 3.9), unless it is more appropriate for a Member to contact the Venue directly.

6 GENERAL

6.1 Confidentiality and data protection: WHIIZ PLACES complies fully with the Data Protection Act 2018 and all applicable data protection and privacy legislation. WHIIZ PLACES is registered on the Register of the Information Commissioner’s Office and only gathers personal information with respect to the Services it offers to Members (as set out in the Privacy Policy). Any data received from a Member is treated as private and confidential by WHIIZ PLACES and kept in a secured place, accessible by authorised personnel only. WHIIZ PLACES will not use the information obtained from Members for any purpose other than the one specified and will not release such information to any third parties other than the ones set out in the Register of the Information Commissioner’s Office (listed in the Annex and which can also be found on www.ico.gov.uk). Such information will be kept for a period of time in accordance with the Data Protection Act 2018.

6.2 Ownership of rights: All rights, including copyright and other intellectual property rights, in and to the Website and WHIIZ PLACES’s Instagram account are owned by or licensed to WHIIZ PLACES. The Members’ use of the Website and/or WHIIZ PLACES’s Instagram account and their contents does not grant any rights to a Member in relation to WHIIZ PLACES’s intellectual property rights in the Website and Instagram account or their contents. By submitting information (other than a Member’s personal data), text, photos, graphics or other content to WHIIZ PLACES, Members confirm that they have the right to use the same and grant WHIIZ PLACES a right to use such materials at WHIIZ PLACES’s own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from AK’s website or Instagram account.

6.3 No assignment: Members shall not assign any or all of its rights and obligations under the Agreement without WHIIZ PLACES’s prior written consent.

6.4 No partnership: Nothing in these terms and conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

6.5 Force Majeure: WHIIZ PLACES shall not be in breach of the Agreement nor liable for delay in performing, or failure to perform, any of its obligations under the Agreement if such delay or failure results from events, circumstances or causes beyond WHIIZ PLACES’s reasonable control.

6.6 Waiver: No failure or delay by a party to this Agreement to exercise any one or more right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.

6.7 No representations or warranties: Members agree that they shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions. Members shall have no claim for innocent or negligent misrepresentation based upon any statement in this Agreement.

6.8 Variation and Amendments: No variation of or amendments to the Agreement shall be effective unless approved in writing by WHIIZ PLACES. WHIIZ PLACES may vary these terms and conditions from time to time and will notify Members of any changes in a timely manner either by through the Website or by e-mail. A Member’s continued use of their Membership constitutes acceptance of the altered terms and conditions.

6.9 Severance: If any court or competent authority finds that any provision of these terms and conditions or of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions or of the Agreement shall not be affected.

6.10 Third Party Rights: A person who is not a party to the Agreement shall not have any rights under the Contracts (Rights of Third Party) Act 1999 to enforce any term of the Agreement.

contact

@whiizplaces.com

6.11 Notices: Any notice given under or in connection with this Agreement shall be in writing and if (i) by a Member to WHIIZ PLACES, delivered by e-mail at the following address and (ii) by WHIIZ PLACES to Members, delivered by e-mail, hand or pre-paid first-class post at the address that was given by the Member in their registration information, or such other address as such party may have from time to time communicated in writing to the other party. Any notice or communication shall be deemed to have been received if delivered (i) by e-mail, on the day it was sent, (ii) by hand, on signature of a delivery receipt, or (iii) by pre-paid first-class post, in the ordinary course of post.

6.12 Governing Law and Jurisdiction: These terms and conditions and the Agreement, and any dispute or claim arising out of or in connection with these terms and conditions or the Agreement or their subject matter (including non-contractual disputes and claims) shall be governed by and construed in accordance with the laws of England. The courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or the Agreement or its subject matter (including non-contractual disputes and claims).