Terms & Conditions

1 Introduction

1.1 These terms and conditions (the "Terms") apply to the use of services provided by Mystery Diners Ltd, a company incorporated in Scotland under number SC669094 and having its registered office at Flat 10, Albany House, 3 Parsonage Square, Glasgow G4 0TA ("we", "us" or "our"), through the website accessed through the domain name ("Website") or our APP (both the Website and the App are referred to as the "Site"). 1.2 You should read these Terms carefully before using the Site. By accessing, registering with or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them. They will continue to apply every time you use the Site. 1.3 If you do not agree with or accept any of these Terms, you should stop using the Site immediately. We may amend these Terms from time to time and the new terms and conditions will then apply to any future order by you. Details of any amendments will be posted on the Site. 1.4 Someone who uses the services available through the Site (the "Services") is referred to as a "User", "you" or "your". 1.5 The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable. 1.6 The following Terms are designed to ensure you fully understand that Mystery Diners provides tickets to events and vouchers (the "Services") supplied by third party companies ("Merchants") with their own terms and conditions, rules and regulations.

2 Our Role

2.1 The purpose of the Site is to act as a means of allowing you to access third party tickets, vouchers and events. 2.2 The Site provides a platform for you to browse a list of the Services available and purchase the Services. In order to register or make a purchase from the Site, you must be over 18 years of age. 2.3 We have no further role or responsibilities and in particular it is drawn to the attention of Users that: 2.3.1 while we shall use all reasonable endeavours to keep the Site available at all times, access is subject to internet availability and we may also require to carry out maintenance or upgrades to the Site; 2.3.2 while we facilitate the process, we are not party to any contract between a you and a Merchant and are not responsible in any way for the services provided by a Merchant; and 2.3.3 we make no warranties, guarantees or representations regarding material or information submitted to our Site by persons other than us.

3 User Account

3.1 In order to purchase the Services, you must have registered on the Site (the "Account"). 3.2 Your email address, username and password associated with your Account are personal to you and may not be used by anyone else to access the Site. You will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Site. You are responsible for all use made of your Account. If you believe that someone may be using your Account fraudulently you should notify us by emailing 3.3 If, in our opinion (which need not be reasonable), you fail to comply with these Terms or make inappropriate use of the Site, we may immediately suspend or terminate your Account and/or access to the Site.

4 The Services

4.1 Each Service that you purchase through the Site shall have specific terms associated with it ("Specific Terms") which will be set out in the confirmation email sent to you once an order to purchase Service is placed ("Confirmation Email") and will apply in addition to these Terms. 4.2 In relation to the Services, we do not control the provision of any Services purchased by you from such Merchant. The contract which will govern the purchase by you of any Services from the relevant Merchant will at all times be the relevant Merchant's terms and conditions, details of which are available direct from the relevant Merchant. 4.3 By placing an order on the Site, you make an offer to purchase the Services selected on the terms and conditions stated. 4.4 Any ticket or voucher to be provided shall be contained within the Confirmation Email and it is your responsibility to ensure compliance with any Specific Terms. 4.5 In relation to ticketed events: 4.5.1 we sell tickets on behalf of the Merchants. Once purchased, tickets cannot be transferred, exchanged, refunded or returned unless the event is cancelled, moved to another date, or if changes to the details of the event are significant after an order is placed (significant changes being a change of venue or time); 4.5.2 when tickets are being collected at the box office a copy of your printed ticket must be surrendered for redemption. On occasion the Merchant may ask that the cardholder presents the card that the tickets were booked on as identification; 4.5.3 we will not be responsible for any tickets that are lost or stolen; 4.5.4 tickets are issued subject to the terms and conditions of the Merchant and/or event. Full details are available on the event Site or at the venue box office. Breach of any of these terms and conditions or any unacceptable behaviour likely to cause damage, nuisance or injury shall entitle the Merchant to eject you from the venue; and 4.5.5 no refunds will be offered if you are refused entry or ejected from a venue on account of late arrival, being or appearing to be under age (age restrictions on tickets may apply), declining to be searched, abusive, threatening, drunken or other anti-social behaviour (including smoking in no smoking areas), carrying offensive weapons or illegal substances, or making unauthorised audio, video or photographic recordings. 4.6 Occasionally, events are cancelled or postponed by the promoter, team, performer or venue for a variety of reasons. If the event is cancelled, please contact us at [insert] for information on whether you are entitled to receive a refund from the Merchant. Please note, however, it is your responsibility to check whether the event is going ahead at the scheduled date, time and venue, and we cannot guarantee that the Merchant will inform you of any changes to the event date, time or venue. If an event is moved from its advertised venue and/or the date is changed, tickets already purchased may remain valid should you wish to attend the revised event. 4.7 In relation to vouchers: 4.7.1 the voucher you purchase is redeemable for Services by the Merchant. The Merchant is the provider of the Services of the voucher and responsible for redeeming any voucher you purchase, not us; 4.7.2 all vouchers shall be subject to these Terms and the terms and conditions of the participating Merchant; 4.7.3 neither we nor the Merchant take responsibility for lost or stolen vouchers or voucher reference numbers used to make a redemption with a Merchant; 4.7.4 vouchers are subject to a 14 day cooling off period as noted at Term 6.2; and 4.7.5 vouchers purchased for a Merchant who offers food and beverage are subject to the applicable laws for the sale, provision and redemption of alcohol.

5 Payment

5.1 You shall make payment at the time of placing your order for the Services. 5.2 Payment processing services on the Site are provided by Stripe Payments Europe, Ltd trading as Stripe ("Stripe") and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement – United Kingdom (together, the "Stripe Terms"). By agreeing to these Terms or continuing to register as on the Site, you agree to be bound by the Stripe Terms, as the same may be modified or amended by Stripe from time to time; and you agree to provide us with accurate and complete information about you and authorises us to share with Stripe such information and transaction information related to your use of the payment processing services provided by Stripe as we consider appropriate.

6 Cancellation

and Refunds 6.1 Save as provided in these Terms, any decision relating to cancellation or returns will accordingly be in the hands of the relevant Merchant and will be in accordance with their terms and conditions of business. 6.2 Save as provided in these Terms, you have a right to cancel certain transactions (other than those noted in Term 4.6) with us within 14 days of your receipt of your Confirmation Email, providing that you have not used the Services in whole or in part. If you wish to obtain a refund from us within this period then please email us at [insert]. 6.3 After 14 days, no refund will be provided, except if you cannot use the Services because the relevant Merchant ceases to trade or becomes insolvent or because the Merchant refuses to honour the Services on the booked date or is unable to provide the Services to you under the terms of the Voucher. In such cases, we may be able to refund you or issue you with a credit note for use on our Site. In order to receive the refund or credit note, you must send an email to: [insert], forwarding the email that we sent you with the booking or purchase and explaining how it is that you have been unable to obtain the Services. 6.4 Please note that you have an obligation to make your booking in a timely manner. If you leave it until late in the duration of the validity period of any voucher (as set out in the Specific Terms) the Merchant may be unable to give you the date and time you request or may be unable to give you any availability at all. In such circumstances, no refund will be provided.

7 Postings and reviews

7.1 You may post or upload content to the review section of the Site and/or ratings of Services. 7.2 No posting or other content uploaded or sent in a message may be defamatory, racial, sexist or in any other way discriminatory, nor may it contain any non-factual statement or be inciteful. It may also not infringe the intellectual property or privacy rights of any person.

8 Disclaimer of Liability

8.1 We will use reasonable skill and care in making the Services available to you. Otherwise, to the extent permitted by law, the Services are provided by us without any warranties or guarantees. In particular, we do not warrant that the Site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties. Although we will do our best to provide constant, uninterrupted access to the Services on the Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay. 8.2 Except as provided in this Agreement, we shall not be liable to you for: 8.2.1 any claims whatsoever including but not limited to those arising from loss of profits, business, revenue, goodwill, anticipated savings and/or any other indirect, special or consequential loss or damage whether arising under contract, negligence or otherwise out of or in connection with the Services; 8.2.2 where there is no breach of a legal duty of care owed to you; 8.2.3 where such loss or damage was not reasonably foreseeable by us; 8.2.4 where such loss or damage is caused by you or arises from your failure to comply with these terms and conditions; or 8.2.5 where such loss or damage is not a direct loss – we have no liability for indirect or consequential loss. 8.3 We accept no responsibility or liability for the acts or omissions of participating Merchants which all operate independently of us. The Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Services or portions thereof. You waive, and release us from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant in connection with the Services provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Services or any portion thereof. Vouchers are redeemable in their entirety and on a one-time basis only and may not be redeemed incrementally. Nothing within these terms waives your rights under card scheme rules in relation to chargebacks. 8.4 We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control. 8.5 Neither we nor the Merchant shall have any further liability beyond the value of what you paid for the Services. 8.6 Nothing in these Terms in any way limits or excludes our liability for negligence causing death or personal injury or for anything which is not permitted by law to be excluded or limited.

9 Your privacy and personal information

9.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information. 9.2 Our privacy policy is available at [insert address].

10 Ownership, use and intellectual property rights

10.1 The Site and all intellectual property rights in it including but not limited to any content are owned or licenced by us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit. 10.2 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

11 Advertising, linking & third-party content

11.1 The Site and/or the Services may contain advertising material and/or promotions of third parties and links to the Sites of third parties ("Advertising"). Such third parties are solely responsible for the content of such Advertising and for the information, products and services on their Sites. To the fullest extent permitted by law, we accept no responsibility for the Advertising, information, products or services of third parties, including, without limitation, any error, omission or inaccuracy. Some Advertising may not be relevant to you. Some Advertising may be governed by special terms and where this is the case, you are advised to read these carefully as such special terms will take precedence over any conflicting terms in this Agreement. If you have any complaint, question or request relating to advertising material (including if you want to advertise on the Site/in any Service) please contact us by email to [insert]. 11.2 In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with us. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site by anyone other than authorized employee spokespersons while acting in official capacities. Under no circumstances will we be liable for any loss or damage caused by an end user’s reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Site.

12 Governing Law & Jurisdiction

12.1 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of Scotland and the courts of Scotland shall have non-exclusive jurisdiction to settle any such dispute or claim. 12.2 If any clause or any part of these Terms is found to be unenforceable in law, the other terms and conditions will remain in force.