Terms and Conditions

4. VARIATION OF TERMS

4.1 We may update these Terms at any time. Updates will be effective upon posting on our Website or notifying Users. Continued access and/or use of the Service indicates your acceptance of revised Terms. 

5. WHO ARE WE?

5.1 DesignMyNight is an online platform that helps users discover and book nightlife experiences, events, and venues in the UK. Consumers can purchase tickets for Events via our Service. 

5.2 We do not create, organise, or own the Events listed on our Service, nor do we sell tickets for these events. Instead, we provide a platform that helps Promoters manage ticketing, registrations, and event promotion. 

5.3 When hosting an Event on our platform, the Promoter is fully responsible for ensuring their Event and Event page comply with all applicable laws, rules, and regulations. They must also ensure that the goods and services described on the Event page are accurately represented and delivered in a satisfactory manner. 

6. USER OBLIGATIONS 

6.1 The User shall be responsible for obtaining and maintaining any User Equipment. DesignMyNights hall have no responsibility or liability in respect of the User Equipment. 

6.2 The User shall ensure at all times that its use of any part of the Service, including connection of the User Equipment to the Server, is in accordance with all applicable laws, including but not limited to data protection laws, licencing laws, codes of practice and regulations.

6.3 The User shall not copy, store, modify, transmit, distribute, broadcast any part of the Content except where it is necessary for the Promoter to do so to enable the User to use the Service in accordance with these Terms. 

6.4 DesignMyNight, at its sole discretion, reserves the right to refuse to accept a User's registration or to limit a User's access to the whole or any part of the Service at any time. 

6.5 The Consumer agrees that the Promoter, Venue and Rep (where applicable) shall have access to your name and email address as attendees of an event or booking. This does not give them the permission to use this for marketing unless explicitly stated.

6.6 The User agrees that DesignMyNight is able to use any video footage or photography obtained of them when recording a DesignMyNight promotional video or picture.  

7. TICKET SALES & ONLINE BOOKINGS

7.1 The User acknowledges and agrees that: 

• 7.1.1 DesignMyNight is an agent of the Promoter of the Event to conclude Ticket transactions between the Consumer and the Promoter upon payment of the relevant ticketing fee;
• 7.1.2 where the User wishes to make a booking at a Venue for which the payment of a deposit is required, DesignMyNight is the agent of the Venue to conclude such bookings between the User and the Venue on payment of the relevant deposit sums; 
• 7.1.3 receipt of the correct Ticketing fee or deposit sums by DesignMyNight as an agent on behalf of the Promoter or Venue from the Consumer shall discharge the Consumer’s debt to the Promoter or Venue; and
• 7.1.4 DesignMyNight does not act as agent of any Users who are not Promoters or Venues. 
• 7.1.5 It is the responsibility of the User to check the Promoter’s or Venue’s terms and conditions before the purchase of any Tickets or booking of a Venue. 

7.2 When attending Events purchased viaour Service or when making a booking through DesignMyNight, you agree that any film or photography captured of you at the event/venue can be used by us for promotional purposes.  

7.3 Tickets for Events, or bookings for Venues sold through DesignMyNight standard payment method, will be processed through DesignMyNight’s own online merchant and bank account. Transactions of this nature are covered by this clause 7. 

7.4 Tickets sold through DesignMyNight direct pay method (including via the Collins Software) tickets sold for Events advertised by Promoters and bookings at Venues, where transactions are processed through the Promoter's or Venue’s (as applicable) merchant account, not DesignMyNight.The Event Promoters and Venues are directly responsible for setting their own terms and conditions, including cancellation and refund policy. 

7.5 Our Service is not intended for use by children. To access and use our Services, you must be over 18.Certain Events and Venues listed on the Website may be subject to age restrictions as specified on the Event listing or Venue listing. It is your responsibility to ensure that you meet the age requirements for an Event or Venue before purchasing tickets or attempting to attend.By purchasing a Ticket for an age-restricted Event, you confirm that you meet the specified age criteria. You may be required to provide valid identification upon entry to verify your age. Failure to provide proof of age or meet the age requirements may result in denial of entry, and no refund will be issued in such cases.If you are purchasing tickets on behalf of others, it is your responsibility to ensure that all attendees meet the age requirements for the Event. 

8. REFUNDS

8.1 Refunds for reservations/bookings at Venues: any refund for a booking/reservation at a Venue will be at the Venue’s sole discretion and shall besubject to the Venue’s refund policy. It is the Consumer’s responsibility to check the Venue’s refund policy prior to making the booking. DesignMyNight has no control over the Venue’s refund policy. 

8.2 Refunds for Tickets and Events prior to the Event: the Consumer may apply for a refund prior to the Event provided that Tickets for the Event are still available for sale on the Website.It shall be at the sole discretionof the Promoter as to whether the Consumer shall get a refund for the Event. It is the Consumer’s responsibility to check the relevant Event policy with the Promoter prior to purchasing the Ticket by clicking on any relevant link to terms and conditions. 

8.3 Refunds where an Event is cancelled: Should an Event be cancelled, the Promoter of the Event shall be responsible for the refund and shall use reasonable endeavours to inform the Consumer prior to such cancellation and the Consumer will be entitled to a refund subject to clause 8.5 below. 

8.4 DesignMyNight is in no way responsible for Tickets or bookings for Venues sold through the direct pay method and has no authority to issue refunds. Users must contact the relevant Promoter or Venue regarding any refund and the Promoter or Venue (as applicable) hereby expressly undertakes to pay such refunds as are due to Users in accordance with its terms and conditions. Any refunds requested by the User are the responsibility and discretion of the Promoter only. The User through buying a ticket on DesignMyNight commits to the Promoter's own terms and condition stated on the issued ticket and on their ticket web page 

8.5Where a refund is to be granted by the Promoter or Venue (as applicable) in accordance with clauses 8.1, 8.2 or 8.3 above, and DesignMyNight has not been required to pass on, or has not in fact transferred the relevant Consumer’s monies to the Promoter or Venue (as applicable), DesignMyNight shall endeavour to refund the Consumer within 30 days. If, however, the Consumer’s monies have been passed on to the Promoter or Venue (as applicable), then DesignMyNight shall have no obligation to refund the Consumer’smonies and the Promoter or Venue (as applicable) hereby expressly undertakes to refund the Consumer directly in accordance with its terms and conditions. To facilitate this, DesignMyNight shall pass to the Consumer all contact information relating to the Promoter or Venue (as applicable) necessary for the User to obtain a refund directly from the Promoter or Venue (as applicable). Any transaction handling fees that apply to the purchase of Tickets or reservations/bookings at Venues will only be refunded where the delivery or handling service has not already been carried out. 

8.6 The Consumer, through buying a ticket on DesignMyNight, commits to the Promoter's own terms and condition stated on the issued ticket and on their ticket web page. Any refunds requested by the Consumer are the responsibility and discretion of the Promoter only.  

9. INTELLECTUAL PROPERTY 

9.1 All rights in the design, text, graphics, music, photographs, sound, video and other material on the Website and the selection or arrangement thereof are the copyright of DesignMyNight or other third parties. 

9.2 The User must not modify the paper or digital copies of any materials they have printed off or downloaded from the Website in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. 

9.3 The User must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from DesignMyNight. 

9.4 If the User prints off, copies or downloads any part of the Website in breach of these Terms, the User shall have no further rights to use the Website or Service and the User must, at DesignMyNight's option, return or destroy any copies of the materials they have made.

9.5 Any Tickets issued by DesignMyNight are the intellectual property of DesignMyNight and it reserves all rights to place whatever advertising on such Tickets as it sees fit. 

10. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS 

10.1 The Content placed on the Website for the purpose of promoting an Event, or Venue has been provided to Designmynight by the Promoter, Event or Venue.

10.2 The Promoter warrants that they own the Intellectual Property Rights in the Content provided to Designmynight.

10.3 Designmynight shall not be liable for any claims of infringement of Intellectual Property Rights in respect of the Content provided, displayed or otherwise used by the Event, Venue or Promoter. 

10.4 Designmynight, at its sole discretion, reserves the right to remove and/or suspend Content that is subject to a third-party Intellectual Property Rights infringement claim at any time. 

If you believe that any of the Content on the Website infringes your Intellectual Property Rights (including but not limited to copyrights and trademarks), please contact the relevant Promoter, Event or Venue directly. 

11. USERS’ WARRANTIES AND REPRESENTATIONS 

11.1 The User warrants to DesignMyNight that its use of the Service shall:

11.1.1 not be in breach of any contractual, statutory or common law rights of any third party (including but not limited to infringement of Intellectual Property Rights, data protection, defamation, theft, fraud, drug-trafficking, money-laundering and terrorism statutes); 

11.1.2 not entail the obtaining or attempting to obtain, the Service by re-arranging, tampering with, or connecting with any facilities of DesignMyNight, or by any trick, scheme, false representation or by or through any other fraudulent means whatsoever; 

11.1.3 not entail the obtaining, accessing, altering or destroying any one or more from the data files, programs, procedures and information of DesignMyNight or of another User of the Service; 

11.1.4 not attempt and/or assist another to perform the acts prohibited in 10.1.2 and 10.1.3 above; 

11.1.5 not interfere unreasonably with the use of the Service by any other User or authorised person; 

11.1.6 not be threatening, fraudulent, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable or inappropriate as determined by DesignMyNight at its sole discretion; and 

11.1.7 not cause any PDPs to be transmitted to the Server. 

11.2 The User warrants that all the information that it supplies to DesignMyNight shall be accurate, complete and true in all respects and the User agrees that it shall notify DesignMyNight immediately of any changes to such information or if such information becomes out of date. 

11.3 Breach of any of these warranties shall result in the User being banned from using the Service by DesignMyNight acting in its sole discretion, without prejudice to any claim or rights DesignMyNight may have relating to such breach. 

12. EXCLUSION OF WARRANTIES 

12.1 No liability for attending Events and/or Venues: The User acknowledges and accepts that DesignMyNight is purely a platform for Users to find Promoters/Events and Venues and acts as agent of the Promotor and/or Venue to enable Users to conclude ticket purchases or bookings.  DesignMyNight does not have any control over any Promoter, Event or Venue or the service provided by such Promoter, Event or Venue, and accordingly takes no responsibility for damages, injury or loss of any kind incurred by the Consumer from attending an Event and/or Venue via Tickets purchased or a booking made via the Website, or a Consumer being refused access to an Event or Venue for not complying with the Event or Venue regulations. In such circumstances the Venue or Promoter (as applicable) will be directly liable to the User, however it is the responsibility of the User to familiarise themselves with the Venue’s or Promoter’s (as applicable) rules and regulations prior to attending the Venue and/or Event. 

12.2 The Service is provided "as is" without any warranty of any kind either express or implied. On occasion the Service may be interrupted or suffer technical errors due to factors beyond our control. DesignMyNight shall use reasonable endeavours to rectify any issues. DesignMyNight monitors its systems to ensure that all automated facilities may be available for ‘Out of Hours’ service, however this is not a given.  In relation to Promoters and Venues, DesignMyNight will offer technical support of its own systems during normal working hours, but is not responsible for the technical support of any Promoter’s or Venue’s website, hardware or systems. DesignMyNight are not responsible for the promotion of Venues, Events or Ticket sales, and use of the Service by a Promoter and/or Venue does not guarantee the sale of any Tickets or any bookings at such Venue respectively. 

13. LIMITATIONS OF LIABILITY 

13.1 To deliver our Services at scale, we must establish limits on our liability. These limits are as follows: 

13.1.1 To the extent permitted by lawDesignMyNight (including its directors, employees or other representatives) will not be liable to you or any third party for: 

(A) Any indirect, incidental, special, consequential, punitive, or exemplary damages. This includes, but is not limited to, damages for lost profits, goodwill, data, opportunity costs, intangible losses, or the cost of alternative services—even if we have been advised of the possibility of such damages; and 

(B) Any Feedback you provide or receive; and 

(C) Your Content or your trademarks. 

13.1.2 For Consumers: DesignMyNight’s total liability shall not exceed the greater of (a) £100; or (b) the price of the Tickets purchased or the value of the booking made for the Venue in question. 

13.1.3 For Venues: DesignMyNight’s total liability shall not exceed the fees actually paid by the Venue to DESIGNMYNIGHT in the 12 months preceding the date on which the latest event giving rise to the loss occurred. 

13.1.4 For Promoters: DesignMyNight’s total liability shall not exceed the amount of commission actually paid by the Promoter to DesignMyNight in respect of the Event in question. 

13.1.5 For Reps: DesignMyNight’s total liability shall not exceed the value of any fees paid to such Rep in the three (3) months preceding the date on which the latest event giving rise to the loss occurred. 

13.1.6 For any other claims not covered above: DesignMyNight’s total liability shall be capped at £100. 

This limitation of liability applies to the maximum extent permitted by law and regardless of the form or theory of claim, whether based on contract, tort (including negligence), statutory duty, or otherwise.

14. INDEMNITY RELATING TO PROMOTERS AND VENUES 

14.1 The Promoter and/or Venue agree to indemnify, defend, and hold harmless DesignMyNight, its affiliates, officers, directors, employees, agents, and representatives (collectively, the "DesignMyNight Indemnified Parties") against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable legal fees and disbursements) arising out of or in connection with: 

(A) The Events or Venues: Any claims, disputes, or liabilities directly or indirectly related to the planning, promotion, hosting, or operation of the Promoter’s Events or Venue(s). 

(B) Copyright Infringement: Any alleged or actual infringement of Intellectual Property Rights, including but not limited to copyrights, trademarks, patents, or other proprietary rights, resulting from the Promoter’s or Venue’s use of content, materials, or branding in connection with their Events or Venue(s). 

(C) Misrepresentation: Any false, misleading, or inaccurate statements, claims, or representations made by the Promoter or Venue in connection with their Events, Venue(s), or promotional activities on the Website or elsewhere. 

(D) Non-Compliance with Laws: Any failure to comply with applicable laws, regulations, or industry standards related to the Promoter's or Venue’s Events, including but not limited to licensing laws (including alcohol and gambling licensing laws), permits, safety regulations, accessibility requirements, and consumer protection laws. 

(E) Personal Injury or Property Damage: Any claims arising from bodily injury, illness, death, or damage to property sustained by Consumers, attendees, vendors, or third parties during or in connection with the Promoter's Event(s) or Venue(s). 

(F) Breach of Terms: Any breach of these Terms, conditions, or policies of the Website by the Promoter or Venue, including but not limited to the violation of content guidelines or payment obligations. 

(G) Privacy and Data Protection: Any violation of privacy or data protection laws resulting from the Promoter’s or Venue’s collection, use, storage, or sharing of Consumer, attendee or participant data. 

(H) Ticketing or Refund Disputes: Any disputes, claims, or liabilities related to ticket sales, refunds, cancellations, or failure to deliver the Event as promised to Consumers. 

(I) Third-Party Agreements: Any disputes or claims arising from the Promoter's or Venue’s agreements with third parties, such as performers, vendors, sponsors, or contractors. 

(J) Other Liabilities: Any other claims, actions, or damages of any nature whatsoever related to the Promoter’s Events or Venue(s) that are not attributable to the DesignMyNight Indemnified Parties. 

The indemnity obligations outlined above will apply regardless of the cause of the claim, including any allegations of negligence, except to the extent that the claims arise solely and directly from the gross negligence or willful misconduct of the DesignMyNight Indemnified Parties. 

15. INDEMNITY RELATING TO USERS 

15.1 All Users agree to indemnify, defend, and hold harmless The DesignMyNight Indemnified Parties against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable legal fees and disbursements) arising out of or in connection with: 

(A) Your unauthorised use of the Service. 

(B) Any Feedback you provide or receive. 

(C) Your violation of any applicable laws, rules, regulations, or the rights of any third party. 

We will notify you of any claim, but a delay or failure to do so will not limit your obligation to indemnify us unless it materially prejudices your ability to respond to the claim. In some cases, we may choose to handle the claim ourselves, and you agree to cooperate with us fully in such instances. 

16. TERMINATION 

17 TERMS RELATING TO REPS ONLY 

17.1 DesignMyNight provide a platform and functionality to Reps to enable them to promote Tickets on behalf of Promoters. 

17.2 The commission rate paid the Rep is set by the Promoter, not DesignMyNight. 

17.3 Under no circumstances shall Reps be considered to be ‘employees’ of DesignMyNight or the Promoter. 

17.4 Reps should report any technical issues with the rep platform to DesignMyNight. 

17.5 DesignMyNight shall not liable for any loss incurred by technical issues on the Website (including the rep platform). 

17.6 All commissions are tracked through the Rep’s individual tracking link. 

17.7 Commission will only be paid for sales of Tickets that come through to the Promoter’s event page through the Rep’s individual tracking link. 

17.8 Where Events are cancelled, or the Ticket is refunded for any reason, commission will not be paid to the Rep under any circumstances. 

17.9 DesignMyNight shall not pay any commission to a Rep in respect of a Ticket sold by the Rep, unless and until it has received the corresponding payment for such Ticket from the Promoter. 

17.10 Reps can only withdraw funds from their accrued commission if the total amount exceeds £10. 

17. 11Subject to the other sub-clauses of this clause 17, commission will only be paid once the date of the Event relating to the Ticket has passed, and at the latest within 60 days of the event. 

18. TERMS RELATING TO PROMOTERS ONLY 

18. 1 DesignMyNight reserves the right to withhold funds (i) at any time as DesignMyNight determines to be necessary for the processing and settlement of all refunds, disputed charges, charge backs, customer complaints, allegations of fraud, and other discrepancies (ii) in the event that the Promoter has outstanding debts to DesignMyNight, in which case it may withhold all revenue for Tickets sold until such debts are paid and cleared in full and (iii) as otherwise permitted pursuant to these Terms.

18.2 Promoters agree that all revenue from Tickets for an Event is only due and payable to Promoters following conclusion of the applicable Event (even if DesignMyNight sends advance sums to the Promoter under clause 18.4) and all revenues from Tickets sold via the Website ultimately due will be net of all service fees and commissions which shall be retained by DesignMyNight, and any refunds, disputed charges, charge backs and other deductions which DesignMyNight judges necessary, acting in its sole discretion, in order that it may settle any issues with its Consumers who have purchased relevant Tickets. 

18.3 If (i) payments have already been made by DesignMyNight to a Promoter for Tickets sold by DesignMyNight to a User under clause 7.3 or (ii) the Consumer purchases Tickets for an Event under Direct Pay Ticket Sales, and that Event is cancelled, such Promoter will immediately issue refunds directly to Consumers who have purchased a Ticket via the Website for the cancelled Event, within ten working days of the date on which the Event is cancelled.  

18.4 The Promoter agrees that any payment by DesignMyNight of revenue from Tickets sold under clause 7.3 prior to three working days after the Event date of the applicable event are merely advances of amounts that may become due to the Promoter under these Terms and that DesignMyNight may demand such advances back, in its sole discretion, and the Promoter shall thereupon within 5 working days, after such demand, pay back DesignMyNight such advance or any portion thereof demanded by DesignMyNight.  

18.5 All communications or disputes concerning refunds shall be conducted solely between the Promoter and the Consumer who purchased the Tickets through the Website. DesignMyNight shall not be held responsible or liable for any claims related to refunds, including errors in issuing refunds, failure to issue refunds, or chargebacks. The Promoter agrees to fully indemnify DesignMyNight and its affiliates against any costs or claims arising from these refund issues in connection with the purchase of Tickets via the Website. 

18.6 All Promoters acknowledge and agree that DesignMyNight shall have the right to force a refund of any or all Tickets at any time if DesignMyNight receives complaints from a number (as determined by DesignMyNight in its sole discretion) of Users with respect to the applicable Event or another Event held by a Promoter, or DesignMyNight determines in its sole discretion that a Promoter has engaged in any fraudulent activity or made any misrepresentations.  

18.7 DesignMyNight uses secure payment systems, but in the case that any fraudulent purchase made by a customer and a charge back occurs in respect of a payment that DesignMyNight has transferred to the Promoter, then DesignMyNight will invoice the Promoter for such charge back to be paid to DesignMyNight within 5 days of receipt of invoice and may deduct such sums owed to it by the Promoter from any revenue taken by DesignMyNight on behalf of the Promoter, even where this relates to a different Event.   

18.8 Any funds due to the Promoter will be remitted to the Promoter within 3-5 working days after the relevant Event to a bank account nominated by the Promoter prior to this date or as otherwise agreed in writing with DesignMyNight.   

18.9 All booking fees and commission rates charged by DesignMyNight are subject to VAT which will be added on to such fees and commissions.  

18.10 All Promoters must exclusively use the DesignMyNight ticket widget/link provided by DesignMyNight on their websites for selling Tickets to Events unless separate agreement to the contrary is made between the Promoter and DesignMyNight in writing. The Promoter shall not direct potential Consumers to other ticketing platforms. Should the Promoter not comply with this clause 18.10, DesignMyNightshall reserve the right to charge the Promoter an Inside Commission Fee, and we shall (at our sole discretion) reserve the right to reclaim the Rebate Payments value. 

18.11 DesignMyNight reserves the right to remove and halt ticket sales and any associated promotion of the Promoters event at their discretion.  

18.12 Any commission owed to DesignMyNight by Promoters for ticket sales is non-refundable once the net payment has been made to the Promoter for ticket sales.  

18.13 If a Chargeback is raised by a Consumer for any events run by the Promoter, we reserve the right to refund the payment to the cardholder at any time.  

18.14 If we suspect fraud on any transactions relating to the Promoters events, we reserve the right to cancel and refund the purchase. 

18.15 Our Privacy statement explains our responsibilities and how we look after your data.  

18.16 Our Service Level Agreement for Tonic is detailed here.  

19 REFERRALS 

19.1 If the Venue has the referral element included in its Collins agreement with DesignMyNight, it must complete the venue listing information by using the forms within the ‘My Account’ section of the Website.

19.2 Should the Venue not complete its venue listing, DesignMyNight reserves the right to complete the venue listing on the Venue’s behalf using information sourced online via the Venue’s website, social media accounts and other similar publications who have referenced the Venue’s business. 

19.3 It is the responsibility of the Venue to ensure that the information within the venue listing is correct and if not, the Venue must update this. DesignMyNight shall not be liable for inaccurate or out of date information. 

20. SODA VOUCHERS TERMS AND CONDITIONS  

20.1 All vouchers are issued by and redeemable in the sum stated, against the Venue or Event (subject to availability). 

20.2 The voucher is non-transferable (except as expressly agreed with the Venue or Promoter) and non-refundable. 

20.2 Vouchers may only be redeemed once and shall expire on the expiry datestated on the voucher. 

21. ADVERTISEMENTS 

21. 1 Advertisements placed on the Website are provided to DesignMyNight by a third-party advertisers and do not reflect the views or opinions or DesignMyNight. Advertisements placed on the Website arein no way intended as endorsements of the advertised products, services or related advertiser claims by DesignMyNight. 

21.2 Whilst every effort has been made to make sure the accuracy of the content of the advertisement(s) placed on the Website, DesignMyNight cannot accept any liability for errors or omissions contained in any of the advertisements placed on the Website. DesignMyNightdoes not accept any liability for any information or claims made by the advertisement or the advertiser. 

21.3 Advertisements placed on the Website may be subject to geographical exclusions. 

21.4 Advertisements of products and services that contain alcohol may not be available in Scotland due to Scottish licensing laws. 

21.5 Where an advertisement contains links to other websites or materials provided by third parties, these links are provided for your information only. DesignMyNighthas no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. 

22. TERMS AND CONDITIONS FOR COMPETITIONS

22.1 Entries for competitions must be submitted exclusively via the online form available on the competition homepage. Each individual is permitted a single entry; bulk submissions or entries from third parties will not be accepted.

22.2 Competitions are open to all UK residents aged 18 and over, with the exception of employees of Designmynight, affiliates, associated companies, agents, or anyone directly involved with the promotion.

22.3 Prizes are awarded as specified, with no cash alternatives provided. However, the Promoter reserves the right to modify arrangements or substitute prizes should circumstances necessitate such changes.

22.4 By entering the competition, participants are deemed to have accepted these rules, agreed to be bound by them, and consent to participate in any related publicity. 

22.5 The deadline for entry submissions is specified for each competition online. Winners will be selected at random from all valid entries and will be notified via telephone, email, or post after the closing date. 

22.5 The names of prize winners will be available upon request. Interested parties must send a self-addressed envelope to DesignMyNight, Level 17, 8 Bishopsgate, London, EC2N 4BQ. 

22.6 The decision regarding winners is final. All entries, along with their copyrights, will automatically become the property of Designmynight. 

22.8 In the event of any conflict between this Clause 22 and the terms and conditions provided in the competition, the terms and conditions of the competition shall take precedence. 

23. NOTICES 

23.1 Any notice required or permitted under these Terms or required by statute, law or regulation shall (unless otherwise provided) be in writing and shall be delivered in person, or sent by registered mail or air mail as appropriate, properly posted and fully prepaid in an envelope properly addressed to DesignMyNight as follows: 

Level 17  
8 Bishopsgate 
London  
EC2N 4BQ  

or to such other address as may from time be designated by notice set out on the Website or otherwise notified to the User. DesignMyNight may either email Users at the email address provided by such User or notify Users of any matter by displaying a message on the Website (at its sole discretion). 

Any such notice displayed on the Website shall be considered to be received within six working days after it was posted on the Website, and if emailed to a User, at the time the email was sent.

24. WAIVER 

24. 1 Failure or neglect by DesignMyNight to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of DesignMyNight's rights hereunder nor in any way affect the validity of the whole or any part of these Terms nor prejudice DesignMyNight's rights to take subsequent action. 

25. INVALIDITY 

25.1 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms. 

26. ENTIRE AGREEMENT 

26.1 These Terms supersede any arrangements, understanding, promises or agreements made or existing between the parties hereto prior to these Terms in respect of the Service and constitute the entire understanding between the parties hereto regarding the same. Except as otherwise provided herein, no addition, amendment to or modification of these Terms shall be effective unless it is in writing and signed by and on behalf of both parties. 

27. ASSIGNMENT 

• 27.1 Neither these Terms nor the benefit of the Service may be assigned or transferred by the User whether voluntarily or involuntarily or by operation of law, in whole or in part, to any party without the prior written consent of DesignMyNight, and DesignMyNight reserves the right to charge for any time or costs incurred by its staff in so doing. No such assignment by the User howsoever occurring shall relieve the User of its obligations hereunder.
• 27.2 DesignMyNight is entitled to assign or transfer any or all of its rights and obligations under these Terms or the benefit of the Service at any time without the need for any consent from any User. 

28. THIRD PARTIES 

28.1 Nothing in these Terms confers or purports to confer on any third party who is not a User (or a Venue or Promoter or Rep), any benefit of any right to enforce any of these Terms pursuant to the Contracts (Rights of Third Parties) Act 1999. 

29. CONFLICT

29.1 In relation to Promoters and Venues only where relevant, in the event of any conflict between these Terms and the terms governing use of the Collins Software, then the terms relating to the Collins Software shall prevail. 

30. LAW

30.1 These Terms shall be governed and construed in accordance with English Law and parties hereby submit themselves to the exclusive jurisdiction of the English Courts in respect of any claim (including non-contractual disputes or claims).