Terms of Service (“Terms”)
The legal stuff
Terms of Service (“Terms”)
Last updated: 21st January, 2017
Introduction to Terms of Service
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://www.themainstage.com (the “Site”) website and/or the The Main Stage (TMS) mobile application (the "Service") operated by TMS Events Ltd. ("us", "we", or "our").
Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
https://www.themainstage.com is made available for use by individuals seeking employment openings (“Individual”), by individuals and/or organisations seeking to make available information regarding employment and/or volunteer openings, on their behalf or other’s behalf (“Employer”). Collectively, Individuals and Employers.
If you are accessing or using the Service in your capacity as an employee or other representative of an Employer you are agreeing to these Terms of Service on behalf of yourself and such Employer or organisation, as applicable, you also authorise TMS Events Ltd. to publicise via television, radio, internet (including social media such as Facebook and Twitter) and print media that your organisation is a TMS Events Ltd Service user for the purpose of promoting, marketing and advertising the Service, and you represent and warrant that you have the authority to bind such Employer or organisation, as applicable, to this Agreement.
We do not charge Individuals or Employers (collectively, “Members”) any fees for creating a Basic Membership account with us. Some aspects of the Site are also made available free of charge, such as placing standard adverts and browsing, applying and searching on the Site.
We also offer a number of additional features and functionality on the Site that are only available to Members who have paid to upgrade their Basic Membership account to a Premium Membership account.
TMS Events Ltd. reserves the right to change which features are available to our Members and the benefits of upgrading to Premium Membership.
Employment Agencies and Employment Business Regulations 2003
Individuals and Employers need to be aware that we are an online community which operates as a venue only and does not introduce or supply Individuals to Employers (or vice versa). This means that we do not:
- Obtain sufficient information for potential Employers to select a suitable Individual for the position which the Employer seeks to fill;
- Obtain confirmation of the identity of an Individual or that they have the experience, training, qualifications or authorisation to work in the position to be filled or that they wish to undertake the role to be filled;
- Take any steps to ensure the Individual and Employer are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the Individual to fulfil the position to be filled;
- Take any steps to ensure that it would not be detrimental to the interests of the Individual or the Employer for the Individual to fulfil the position to be fulfilled;
- Give any indication to Employers whether Individuals are unsuitable (or suitable) for any position to be filled in any circumstances;
- Propose Individuals to Employers or provide any information about them.
- Take up any references in relation to a Individual; or
- Make any arrangements for accommodation of Individuals.
The Conduct of Employment Agencies and Employment Business Regulations 2003 (the "Regulations") seek to ensure that Individuals are only proposed by employment agencies for roles for which they are properly qualified and that Employers are only offered Individuals who have the appropriate levels of experience, training, qualifications and authorisation for the position to be filled. Since we are only a venue and do not propose or introduce Individuals to Employers or vice versa, it is recommended that, if you are an Individual you undertake the steps set out in the Regulations to ensure your suitability for the role advertised or, if you are an Employer, to ensure an Individual's suitability for the role.
These could include:
If you are an Individual; checking the identity of the Employer and the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications and authorisation which the Employer considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by you as an Individual or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position.
If you are an Employer; checking the identity of the Individual and that the Individual has the experience, training, qualifications and authorisation required by law or otherwise for the position and whether there are any requirements imposed by law or otherwise for you, as the Employer, to meet to enable a Individual to take up a position.
In addition, where professional qualifications are required or where Individuals are to work with vulnerable persons or children, you should obtain copies of the relevant qualifications or authorisation, obtain at least two references from people who are not relatives of the Individual and undertake a criminal records bureau check of the Individual. For more details of how to undertake a criminal records bureau check, please click here.
Any searching or screening tools provided by us for use in your assessment of the suitability or otherwise of any particular candidate or advertised vacancy are to assist you in taking these steps, but are not intended as a substitute.
Early Bird Membership
This offer only applies to Individuals who will be using the Service to find and apply for jobs. To avoid any doubt, this offer does not extend to Employers who will be using the site to advertise jobs and work opportunities.
The Early Bird Membership offer is time limited and only available to a limited number of Individuals. TMS Events Ltd reserves the right to stop selling the Early Bird Membership offer to new Individuals at its discretion and without warning.
If you purchase Early Bird Membership, then you will be provided with a unique promotional voucher code at least 7 days before the Site hard launches in March 2017. You will have 28 days to apply this promotional voucher code from the day the Site hard launches, after this the promotional voucher code will expire. Individuals who do not apply their promotional voucher codes to their profiles within 28 days will not receive a refund.
Once an Individual has applied their unique promotional voucher code to their Basic Membership profile it will be upgraded to Premium Membership, affording all the benefits of Premium Membership to the user for 12-months from the point the promotional voucher code is applied to the Individuals profile.
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that TMS Events Ltd. is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
All purchases are made securely, discreetly and immediately using Stripe. We do not hold any card details ourselves on our servers.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that TMS Events Ltd. cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Job Advertising Policy
If you are an Employer using the Service then you agree that the day-to-day tasks and responsibilities of the job role you are advertising on the Site are predominantly based within the festivals, creative events and industry suppliers sector.
TMS Events Ltd reserves the right to refuse to publish adverts that it believes do not meet this criteria.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section "Availability, Errors and Inaccuracies" is without prejudice to existing statutory rights.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or TMS Events Ltd. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting TMS Events Ltd. customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide TMS Events Ltd. with accurate and complete billing information including full name, address, county, post code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorise TMS Events Ltd. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, TMS Events Ltd. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
TMS Events Ltd., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
TMS Events Ltd. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable. This does not affect your statutory rights.
If you have a complaint or dispute you wish to raise with TMS Events Ltd we would urge you to contact us by completing the form that can be found on our contact us page. We are committed to ensuring our customers receive a high level of customer care and will endeavour to resolve any issues you might be having with our service.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of TMS Events Ltd. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TMS Events Ltd.
When you upload content, you give to TMS Events Ltd. a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and TMS Events Ltd. business.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by TMS Events Ltd.
TMS Events Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that TMS Events Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless TMS Events Ltd. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall TMS Events Ltd., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. TMS Events Ltd. cannot guarantee and does not promise any specific results from use of the Services.
TMS Events Ltd. relies on its users to provide content for the website and as such cannot guarantee and does not promise minimum numbers of job listings or membership.
TMS Events Ltd. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will TMS Events Ltd. ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by TMS Events Ltd. or any person for whom TMS Events Ltd. is responsible, and even if TMS Events Ltd. has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
If you have any questions about these Terms, please contact us.