Terms & Conditions | Privacy Policy

1.Introduction

 

1.1 To use Wingman Offers Services, Users must accept these Terms, They should be read carefully before using the Service. These Terms represent a binding contract between Wingman Offers and the User or anyone that actively uses or wishes to use the Wingman Offers app, website or service. If the User or business does not want to be bound by these Terms, the user or business should not Accept these Terms.

 

2.Definitions

 

2.1 For the following terms these definitions apply:

 

Venue - Venue, Bar, Club, Restaurant that is active and authenticated on the Wingman Offers app or wishes to use the Wingman Offers app, website or service.

 

Business - Business, Taxi company, Venue, Bar, Club, Restaurant that is active and authenticated on the Wingman Offers app or wishes to use the Wingman Offers app, website or service.

 

User (or Users) - Anyone that actively uses or wishes to use the Wingman Offers app, website or service.

 

Offer - Virtual voucher in Wingman Offers.

 

Universal Discount - The Venue accepts that if they advertise entry price on the Wingman Offers app, website or service it will always be at-least £0.51 cheaper than the price they charge their customers or through any other service.

 

Public Guest List (This feature may not be active in the app) - A list of users that have added themselves to a venue’s guest list. This list displays a profile photo of each user publicly so that other users have an idea of who is going. The list does not show the user’s name.

 

 

3.Use of the Service:

 

3.1 Offers and purchases have an expiry time. Wingman Offers is not responsible if the user does not redeem their offer or purchase before the expiry time.

 

3.2 If a Venue provides, advertises or displays incorrect information on Wingman Offers, Wingman Offers is not responsible (In recurring circumstances the venue it is likely but not guaranteed to be removed from Wingman Offers).

 

3.3 If a user redeems their offer by mistake it is at the venue’s desecration to deny or grant the offer.

 

3.4 Wingman Offers reserves the right to remove a Venue or business from its platform at any time (Anything that could be considered as misconduct of the Wingman Offers app, website or service in anyway will likely result in a ban form using the Wingman Offers app, website or service.)

 

3.5 The Venue or business will guarantee the cheapest prices for all chargeable services that they wish to display or advertise on the Wingman Offers app, website or service.

 

3.6 The Venue accepts that if they advertise entry price on the Wingman Offers app, website or service it will always be at-least £0.51 cheaper. In the circumstance in which a venue tries to avoid the universal discount it will result in a ban from using the service, app or website. (see 5.0 Fees for more information)

 

3.7 The user understands that if they upload a photo of themselves and add themselves to a venue’s guest list their picture will be displayed a public guest list without a name, if a user does not wish to appear on a public guest list they can disable this in profile settings (If the public guest list feature has not been implemented the disable option will not appear in profile settings)  

 

3.8 Wingman Offers is not responsible for any altercation, outcome, act of violence or crime if a user is targeted as result of the users photo being displayed on a venues public guest list. To clarify the user can and must disable this in the profile settings if they wish to remain completely anonymous.

 

3.9 Wingman Offers takes the security of its users and venues very seriously, working with a third party company to ensure the security of users and venues. Wingman Offers is not responsible in the unlikely circumstance of a data breach, or any act that could be described as violent, fraudulent or malicious that could affect users or venues in any way.

 

4.Payment & Security

 

4.1 For security ‘Stripe’ financial services company handles all transactions.

 

4.2 The Venue is responsible for refunding purchases at their own discretion, if a user feels that they have been mistreated by the venue or wishes to file a refund dispute they can contact Wingman Offers at Info@wingman.ac.

 

4.3 The user understands that

1.Introduction

 

1.1 To use Wingman Offers Services, Users must accept these Terms, They should be read carefully before using the Service. These Terms represent a binding contract between Wingman Offers and the User or anyone that actively uses or wishes to use the Wingman Offers app, website or service. If the User or business does not want to be bound by these Terms, the user or business should not Accept these Terms.

 

2.Definitions

 

2.1 For the following terms these definitions apply:

 

Venue - Venue, Bar, Club, Restaurant that is active and authenticated on the Wingman Offers app or wishes to use the Wingman Offers app, website or service.

 

Business - Business, Taxi company, Venue, Bar, Club, Restaurant that is active and authenticated on the Wingman Offers app or wishes to use the Wingman Offers app, website or service.

 

User (or Users) - Anyone that actively uses or wishes to use the Wingman Offers app, website or service.

 

Offer - Virtual voucher in Wingman Offers.

 

Universal Discount - The Venue accepts that if they advertise entry price on the Wingman Offers app, website or service it will always be at-least £0.51 cheaper than the price they charge their customers or through any other service.

 

Public Guest List (This feature may not be active in the app) - A list of users that have added themselves to a venue’s guest list. This list displays a profile photo of each user publicly so that other users have an idea of who is going. The list does not show the user’s name.

 

 

3.Use of the Service:

 

3.1 Offers and purchases have an expiry time. Wingman Offers is not responsible if the user does not redeem their offer or purchase before the expiry time.

 

3.2 If a Venue provides, advertises or displays incorrect information on Wingman Offers, Wingman Offers is not responsible (In recurring circumstances the venue it is likely but not guaranteed to be removed from Wingman Offers).

 

3.3 If a user redeems their offer by mistake it is at the venue’s desecration to deny or grant the offer.

 

3.4 Wingman Offers reserves the right to remove a Venue or business from its platform at any time (Anything that could be considered as misconduct of the Wingman Offers app, website or service in anyway will likely result in a ban form using the Wingman Offers app, website or service.)

 

3.5 The Venue or business will guarantee the cheapest prices for all chargeable services that they wish to display or advertise on the Wingman Offers app, website or service.

 

3.6 The Venue accepts that if they advertise entry price on the Wingman Offers app, website or service it will always be at-least £0.51 cheaper. In the circumstance in which a venue tries to avoid the universal discount it will result in a ban from using the service, app or website. (see 5.0 Fees for more information)

 

3.7 The user understands that if they upload a photo of themselves and add themselves to a venue’s guest list their picture will be displayed a public guest list without a name, if a user does not wish to appear on a public guest list they can disable this in profile settings (If the public guest list feature has not been implemented the disable option will not appear in profile settings)  

 

3.8 Wingman Offers is not responsible for any altercation, outcome, act of violence or crime if a user is targeted as result of the users photo being displayed on a venues public guest list. To clarify the user can and must disable this in the profile settings if they wish to remain completely anonymous.

 

3.9 Wingman Offers takes the security of its users and venues very seriously, working with a third party company to ensure the security of users and venues. Wingman Offers is not responsible in the unlikely circumstance of a data breach, or any act that could be described as violent, fraudulent or malicious that could affect users or venues in any way.

 

4.Payment & Security

 

4.1 For security ‘Stripe’ financial services company handles all transactions.

 

4.2 The Venue is responsible for refunding purchases at their own discretion, if a user feels that they have been mistreated by the venue or wishes to file a refund dispute they can contact Wingman Offers at Info@wingman.ac.

 

4.3 The user understands that Wingman Offer will contact the venue relating to the disputed transaction.

 

4.4 Regarding any refund disputes Wingman Offers will contact the Venue or Business that accepted the transaction and will make a decision based on the information provided by both parties (User and business).

 

4.5 If an event is canceled, Wingman Offers can refund the user upon confirmation with the venue. In any other circumstance a refund will be considered but not guaranteed to be granted.

 

  1. Fees

 

  1. For transactions up to £5.00 the venue will pay no more than £1.00 including VAT this includes the £0.51 universal discount which is not charged directly to the venue but discounted for the user on the venues behalf by Wingman Offers ltd.

 

  1. For transactions up to £5.00 Wingman Offers ltd receives £0.23 and Stripe Financial services receives £0.26, for more information about fees and transactions over£5.00 see the Wingman Offers website or contact us on info@wingman.ac

 

  1. Wingman Offers reserves the right to change fees at any point with 24 hours notice.                             

 

 

6.Use of Data

 

6.1 The user’s tracking information is used to show the user local venues and occasionally send notifications from said establishments.

 

6.2 The user’s email and number can be used to occasionally to send notifications related to their local venues or in the event of a crime, health matter or any other situation deemed to be serious.

 

6.3 The user’s identity will be kept private unless asked for by the police or emergency responder regarding a crime or health matter.

 

6.4 The user’s photo is used to display on the venue’s guest list, this can be turned off the users’ profile, no name is shown.

 

6.5 Wingman Offers may send the user notifications relating to venues the user frequently visits.

 

6.6 The user’s tracking information can be given to the police or emergency responder if the user has been involved in a crime or has been reported missing.

 

6.7 In order to keep the Wingman Offers app design scheme consistent, Wingman Offers has the right to change the Venue’s display picture.

 

6.8 Wingman Offers has the right to advertise the app using any photo, graphic that the venue, user or Wingman Offers uploads to the Wingman Offers app, website or service.

 

 

7.Status of Wingman Offers

 

7.1 Wingman Offers is a promotional platform and database of Venues and does not host, promote or produce the Events or Offers.

 

7.2 Wingman does not set prices advertised or displayed by Venues.

 

7.3 Wingman Offers does not accept any other liability for any purchases made via the Wingman Offers app or service.

 

7.4 There may be other terms and conditions applicable to any purchases or offers that user should check as there could be an age requirement for an event or other.

 

8.Intellectual Property

 

8.1 The User acknowledges that all Intellectual Property Rights relating to the Website, the App and the Service, including design, graphics, music, photographs, text, sound, video and any other material as well as the selection or arrangement thereof, are owned by Wingman Offers.

 

8.2 The user has permission to use our graphics for reviewing purposes or for non-commercial use.

 

8.3 The User must not use any part of the Content for commercial purposes without obtaining a licence to do so from Wingman Offers.

 

8.4 Any digital media a venue or user uploads to the Wingman Offers platform is property of Wingman Offers limited. This media can be used for promotional or educational purposes.

 

8.5 Authenticated establishments or Venues can advertise that they are Wingman Offers Verified using Wingman Offers graphics if they so desire.

 

9.User & Venue warranties and representations

 

9.1 The User and Venue represents and warrants to Wingman Offers that their use of the Service shall:

9.1.1 not be in breach of any contractual, statutory (including but not limited to infringement of Intellectual Property Rights, data protection, defamation, theft, fraud, drug-trafficking, money-laundering and terrorism statutes)

9.1.2 not be threatening, fraudulent, harassing, defamatory, abusive, invasive of privacy or publicity rights, indecent, or otherwise objectionable or inappropriate as determined by Wingman Offers at its sole discretion.

9.1.3 Agrees that all the information supplied to Wingman Offers should be accurate and true in all aspects and the User agrees that they will notify Wingman Offers immediately if information is changed or becomes out of date.

9.1.4 comply with all terms set by Wingman Offers ltd regarding The Wingman Offers app, website or service.

9.2 The User shall not:

9.2.1 obtain or attempt to obtain, Wingman Offers app, website or service by tampering, manipulating or making connection with any facilities of Wingman Offers, or using any scheme, false representation, trick or any other fraudulent means, including the use of devices whatsoever in whole or in part;

9.2.2 attempt to obtain, access, alter or destroy software, data, programs of Wingman Offers or of another use;

9.2.3 assist another to perform the acts in previous clauses regarding data security or breach.

9.2.4 use the Service in such a malicious way.

9.2.5 allow any other person or entity to use or access the Service unless they are a duly authorized officer, agent or other representative of the User.

10. Bug & Viruses

 

10.1 The user agrees to notify Wingman Offers if they have identified a software bug or a virus.

 

10.2 The user agrees to never breach data protection or impact Wingman Offers service by using a software virus or by any other means.

11. Force Majeure / Law & Jurisdiction

11.1 Wingman Offers shall not be responsible for the performance, delay, or failure of the Service due to loss of internet or any occurrence commonly known as force majeure, including anything that could be described as natural disasters, war, riot, terrorism or other concerted acts of workmen (Wingman Night’s or others).

 

11.2 All Terms in this document 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).

 

12. Exclusion of Warranties / Limitation of Liability

12.1 Where the User accesses the Service by means of the internet, Wingman Offers will use its reasonable endeavors to ensure that the Service is accessible at all times via the internet but Wingman Offers does not warrant or represent that it can do so since neither Wingman Offers nor any other party has any control over the internet, which is a global decentralized network of computer systems.

12.2 The Service is provided “as is” without any warranty of any kind either express or implied including but not limited to the implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, title and non-infringement of Intellectual Property Rights.

12.3 Neither Wingman Offers nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of the Service. This is a comprehensive limitation of liability that applies to damages of any kind, whether arising from negligence, breach of contract, statutory duty or otherwise, including (without limitation):

- 12.3.1 compensatory damages;

- 12.3.2 direct losses;

- 12.3.3 indirect or consequential loss;

- 12.3.4 loss of data;

- 12.3.5 loss of income or profit; or

- 12.3.6 loss of or damage to property and claims of third parties.

12.4 The total liability of Wingman Offers to the User, whether in contract, tort (including negligence) or otherwise in connection with these Terms, the Website, the App or the Service, shall in no circumstances exceed a sum equal to:

- 12.4.1 the amount paid or received through the Service by the User in the immediately preceding twelve month period; or

- 12.4.2 if the User has not been a User for a full twelve months, a pro rata amount equivalent to what would have been paid over a full twelve months if the User continued to pay and receive the Service at the same average rate as it had done previously.

12.5 Wingman Offers is not responsible in contract or in tort for the unauthorised access to, or alteration, theft or destruction of emails, files, programs, or information of the User by any person through accident or by fraudulent means or devices, even if such access occurs as a result of Wingman Offers own negligence.

12.6 Wingman Offers does not guarantee that the Website, the App, the Service and/or any Content, will always be available or be uninterrupted. Wingman Offers may suspend or withdraw or restrict the availability of all or any part of the Website, the App, the Service and/or any Content for business and operational reasons. Wingman Offers will use reasonable endeavours to give reasonable notice of any suspension or withdrawal.

12.7 Wingman Offers accepts no responsibility for misused User or venue accounts. Wingman Offers is not liable for losses incurred due to the misuse of an account by a User or any other party, whether such loss is personal to that User or to any other User. This includes but is not limited to: incorrect withdrawal of funds, provision of incorrect Event or Offer information or pricing and other general misuse of the account.

12.8 The exclusions in this clause 12 shall apply to the fullest extent permissible at law, but Wingman Offers does not exclude liability for:

- 12.8.1 death or personal injury caused by its negligence;

- 12.8.2 fraud or fraudulent misrepresentation; or

- 12.8.3 any other liability which may not be excluded by law

13. Indemnities 

The User undertakes fully and effectively to indemnify and keep indemnified at all times Wingman Offers against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, suffered, incurred or paid by Wingman Offers directly or indirectly in respect of:

13.1 access to and/or use of the Website, the App or the Service by the User;

13.2 any Content, information, data or material produced, transmitted or downloaded by the User;

13.3 the Customer’s breach of any third party’s terms and conditions, including those of a Promoter, howsoever arising; and

13.4 any breach by the User of any of these Terms or of any applicable law, code or regulation.

 

14. Termination

14.1 Either party may terminate these Terms immediately by notifying the other that these Terms are terminated.

14.2 On termination of these Terms by either party pursuant to clause 14.1:

14.2.1 all rights granted to the User under these Terms shall cease;

14.2.2 the User shall cease all activities authorized by these Terms; and

14.2.3 the User shall immediately destroy or return to Wingman Offers (at Wingman Offers option) all copies of any Content or other materials which they hold in relation to the Website, the App or the Service.

14.3 Any provision of these Terms which expressly or by implication is intended to come into or continue in force on or after termination of these Terms shall remain in full force and effect.

15. Wavier

Failure or neglect by Wingman Offers to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of Wingman Offers rights here under nor in any way affect the validity of the whole or any part of these Terms nor prejudice Wingman Offers rights to take subsequent action.

16. Assignment

16.1 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 Wingman Offers, and Wingman Offers 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 their obligations hereunder.

16.2 Wingman Offers is fully entitled to assign or transfer these Terms or the Service at any time.

17. INVALIDITY

17.1 If at any time any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair:

- 17.1.1 the legality, validity or enforceability in that jurisdiction of any other provision of these Terms; or

- 17.1.2 the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these Terms.

18.Agreement 

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 constitutes 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.

19. Law & Jurisdiction / Third Parties

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).

 

Nothing in these Terms confers or purports to confer on any third party any benefit of any right to enforce any of these Terms pursuant to the Contracts (Rights of Third Parties) Act 1999.

 

Privacy Policy

Wingman Offers Limited (“Wingman Offers”, “we”, “our”) is committed to ensuring that your privacy is protected. This Privacy Policy explains how we use the information we collect about the User and Venue (or that the User or Venue provides to Wingman Offers ltd), how the user can change or limit the use of that information and procedures that are in place to safeguard privacy of users and venues. For the purposes of this policy, the term “Venue” is used to refer to bars, clubs, restaurants that are active and authenticated on the Wingman Offers app. The term “Users, User” shall be used to refer to an individual  that actively uses or wishes to use the Wingman Offers app, website or service.

Wingman Offers gives businesses a live marketing solution in which venues can set offers for specific time periods and display useful information including open and close times, event details and music. The user can also pre-pay for venues that charge for entry. Payments are processed using stripe for security and offers are redeemed within the app.

For the purpose of the Data Protection Act 1998, the General Data Protection Regulation and any and all domestic legislation implementing the Regulation into English Law (the “Data Protection Laws”). Under our terms and conditions and this Privacy Policy, we may act as either a Data Controller or a Data Processor in respect of your Personal Data, depending on the applicable circumstances.

The user’s tracking information is used to show the user local venues and occasionally send notifications from said establishments.

 

The user’s email and number can be used to send notifications related to their local venues, competitions or in the event of a crime, health matter or any other situation deemed to be serious.

 

The venue can currently only see the user’s name and date of birth if they are on the guest list. In future we will facilitate large purchases in regards to services like VIP or more exclusive events, in these cases the users number may be provided in case the venue or business needs to urgently contact the user.

Any questions you may have regarding the use of your data please contact us info@wingman.ac, you can unsubscribe from any communications you receive from Wingman Offers Limited, You have the right to object to direct marketing. In addition, in these circumstances, where you wish to update any inaccuracies in your Personal Data on our system, or wish for your Personal Data to be deleted from our system, you can contact us Info@wingman.ac, you have the right to correct any inaccurate or incomplete Personal Data” and “You have the right to be forgotten” above).

You can contact us at Info@wingman.ac with any questions you may have about privacy or data protection.

Please note that links from our website may take you to external websites not covered by this policy. We recommend that you check their privacy policies yourself before submitting any personal information. We will not be responsible for the content, function or information collection policies of these external websites.

will contact the venue relating to the disputed transaction.

 

4.4 Regarding any refund disputes Wingman Offers will contact the Venue or Business that accepted the transaction and will make a decision based on the information provided by both parties (User and business).

 

4.5 If an event is canceled, Wingman Offers can refund the user upon confirmation with the venue. In any other circumstance a refund will be considered but not guaranteed to be granted.

 

  1. Fees

 

  1. For transactions up to £5.00 the venue will pay no more than £1.00 including VAT this includes the £0.51 universal discount which is not charged directly to the venue but discounted for the user on the venues behalf by Wingman Offers ltd.

 

  1. For transactions up to £5.00 Wingman Offers ltd receives £0.23 and Stripe Financial services receives £0.26, for more information about fees and transactions over£5.00 see the Wingman Offers website or contact us on info@wingman.ac

 

  1. Wingman Offers reserves the right to change fees at any point with 24 hours notice.                             

 

 

6.Use of Data

 

6.1 The user’s tracking information is used to show the user local venues and occasionally send notifications from said establishments.

 

6.2 The user’s email and number can be used to occasionally to send notifications related to their local venues or in the event of a crime, health matter or any other situation deemed to be serious.

 

6.3 The user’s identity will be kept private unless asked for by the police or emergency responder regarding a crime or health matter.

 

6.4 The user’s photo is used to display on the venue’s guest list, this can be turned off the users’ profile, no name is shown.

 

6.5 Wingman Offers may send the user notifications relating to venues the user frequently visits.

 

6.6 The user’s tracking information can be given to the police or emergency responder if the user has been involved in a crime or has been reported missing.

 

6.7 In order to keep the Wingman Offers app design scheme consistent, Wingman Offers has the right to change the Venue’s display picture.

 

6.8 Wingman Offers has the right to advertise the app using any photo, graphic that the venue, user or Wingman Offers uploads to the Wingman Offers app, website or service.

 

 

7.Status of Wingman Offers

 

7.1 Wingman Offers is a promotional platform and database of Venues and does not host, promote or produce the Events or Offers.

 

7.2 Wingman does not set prices advertised or displayed by Venues.

 

7.3 Wingman Offers does not accept any other liability for any purchases made via the Wingman Offers app or service.

 

7.4 There may be other terms and conditions applicable to any purchases or offers that user should check as there could be an age requirement for an event or other.

 

8.Intellectual Property

 

8.1 The User acknowledges that all Intellectual Property Rights relating to the Website, the App and the Service, including design, graphics, music, photographs, text, sound, video and any other material as well as the selection or arrangement thereof, are owned by Wingman Offers.

 

8.2 The user has permission to use our graphics for reviewing purposes or for non-commercial use.

 

8.3 The User must not use any part of the Content for commercial purposes without obtaining a licence to do so from Wingman Offers.

 

8.4 Any digital media a venue or user uploads to the Wingman Offers platform is property of Wingman Offers limited. This media can be used for promotional or educational purposes.

 

8.5 Authenticated establishments or Venues can advertise that they are Wingman Offers Verified using Wingman Offers graphics if they so desire.

 

9.User & Venue warranties and representations

 

9.1 The User and Venue represents and warrants to Wingman Offers that their use of the Service shall:

9.1.1 not be in breach of any contractual, statutory (including but not limited to infringement of Intellectual Property Rights, data protection, defamation, theft, fraud, drug-trafficking, money-laundering and terrorism statutes)

9.1.2 not be threatening, fraudulent, harassing, defamatory, abusive, invasive of privacy or publicity rights, indecent, or otherwise objectionable or inappropriate as determined by Wingman Offers at its sole discretion.

9.1.3 Agrees that all the information supplied to Wingman Offers should be accurate and true in all aspects and the User agrees that they will notify Wingman Offers immediately if information is changed or becomes out of date.

9.1.4 comply with all terms set by Wingman Offers ltd regarding The Wingman Offers app, website or service.

9.2 The User shall not:

9.2.1 obtain or attempt to obtain, Wingman Offers app, website or service by tampering, manipulating or making connection with any facilities of Wingman Offers, or using any scheme, false representation, trick or any other fraudulent means, including the use of devices whatsoever in whole or in part;

9.2.2 attempt to obtain, access, alter or destroy software, data, programs of Wingman Offers or of another use;

9.2.3 assist another to perform the acts in previous clauses regarding data security or breach.

9.2.4 use the Service in such a malicious way.

9.2.5 allow any other person or entity to use or access the Service unless they are a duly authorized officer, agent or other representative of the User.

10. Bug & Viruses

 

10.1 The user agrees to notify Wingman Offers if they have identified a software bug or a virus.

 

10.2 The user agrees to never breach data protection or impact Wingman Offers service by using a software virus or by any other means.

11. Force Majeure / Law & Jurisdiction

11.1 Wingman Offers shall not be responsible for the performance, delay, or failure of the Service due to loss of internet or any occurrence commonly known as force majeure, including anything that could be described as natural disasters, war, riot, terrorism or other concerted acts of workmen (Wingman Night’s or others).

 

11.2 All Terms in this document 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).

 

12. Exclusion of Warranties / Limitation of Liability

12.1 Where the User accesses the Service by means of the internet, Wingman Offers will use its reasonable endeavors to ensure that the Service is accessible at all times via the internet but Wingman Offers does not warrant or represent that it can do so since neither Wingman Offers nor any other party has any control over the internet, which is a global decentralized network of computer systems.

12.2 The Service is provided “as is” without any warranty of any kind either express or implied including but not limited to the implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, title and non-infringement of Intellectual Property Rights.

12.3 Neither Wingman Offers nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of the Service. This is a comprehensive limitation of liability that applies to damages of any kind, whether arising from negligence, breach of contract, statutory duty or otherwise, including (without limitation):

- 12.3.1 compensatory damages;

- 12.3.2 direct losses;

- 12.3.3 indirect or consequential loss;

- 12.3.4 loss of data;

- 12.3.5 loss of income or profit; or

- 12.3.6 loss of or damage to property and claims of third parties.

12.4 The total liability of Wingman Offers to the User, whether in contract, tort (including negligence) or otherwise in connection with these Terms, the Website, the App or the Service, shall in no circumstances exceed a sum equal to:

- 12.4.1 the amount paid or received through the Service by the User in the immediately preceding twelve month period; or

- 12.4.2 if the User has not been a User for a full twelve months, a pro rata amount equivalent to what would have been paid over a full twelve months if the User continued to pay and receive the Service at the same average rate as it had done previously.

12.5 Wingman Offers is not responsible in contract or in tort for the unauthorised access to, or alteration, theft or destruction of emails, files, programs, or information of the User by any person through accident or by fraudulent means or devices, even if such access occurs as a result of Wingman Offers own negligence.

12.6 Wingman Offers does not guarantee that the Website, the App, the Service and/or any Content, will always be available or be uninterrupted. Wingman Offers may suspend or withdraw or restrict the availability of all or any part of the Website, the App, the Service and/or any Content for business and operational reasons. Wingman Offers will use reasonable endeavours to give reasonable notice of any suspension or withdrawal.

12.7 Wingman Offers accepts no responsibility for misused User or venue accounts. Wingman Offers is not liable for losses incurred due to the misuse of an account by a User or any other party, whether such loss is personal to that User or to any other User. This includes but is not limited to: incorrect withdrawal of funds, provision of incorrect Event or Offer information or pricing and other general misuse of the account.

12.8 The exclusions in this clause 12 shall apply to the fullest extent permissible at law, but Wingman Offers does not exclude liability for:

- 12.8.1 death or personal injury caused by its negligence;

- 12.8.2 fraud or fraudulent misrepresentation; or

- 12.8.3 any other liability which may not be excluded by law

13. Indemnities 

The User undertakes fully and effectively to indemnify and keep indemnified at all times Wingman Offers against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, suffered, incurred or paid by Wingman Offers directly or indirectly in respect of:

13.1 access to and/or use of the Website, the App or the Service by the User;

13.2 any Content, information, data or material produced, transmitted or downloaded by the User;

13.3 the Customer’s breach of any third party’s terms and conditions, including those of a Promoter, howsoever arising; and

13.4 any breach by the User of any of these Terms or of any applicable law, code or regulation.

 

14. Termination

14.1 Either party may terminate these Terms immediately by notifying the other that these Terms are terminated.

14.2 On termination of these Terms by either party pursuant to clause 14.1:

14.2.1 all rights granted to the User under these Terms shall cease;

14.2.2 the User shall cease all activities authorized by these Terms; and

14.2.3 the User shall immediately destroy or return to Wingman Offers (at Wingman Offers option) all copies of any Content or other materials which they hold in relation to the Website, the App or the Service.

14.3 Any provision of these Terms which expressly or by implication is intended to come into or continue in force on or after termination of these Terms shall remain in full force and effect.

15. Wavier

Failure or neglect by Wingman Offers to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of Wingman Offers rights here under nor in any way affect the validity of the whole or any part of these Terms nor prejudice Wingman Offers rights to take subsequent action.

16. Assignment

16.1 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 Wingman Offers, and Wingman Offers 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 their obligations hereunder.

16.2 Wingman Offers is fully entitled to assign or transfer these Terms or the Service at any time.

17. INVALIDITY

17.1 If at any time any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair:

- 17.1.1 the legality, validity or enforceability in that jurisdiction of any other provision of these Terms; or

- 17.1.2 the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these Terms.

18.Agreement 

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 constitutes 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.

19. Law & Jurisdiction / Third Parties

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).

 

Nothing in these Terms confers or purports to confer on any third party any benefit of any right to enforce any of these Terms pursuant to the Contracts (Rights of Third Parties) Act 1999.

 

Privacy Policy

Wingman Offers Limited (“Wingman Offers”, “we”, “our”) is committed to ensuring that your privacy is protected. This Privacy Policy explains how we use the information we collect about the User and Venue (or that the User or Venue provides to Wingman Offers ltd), how the user can change or limit the use of that information and procedures that are in place to safeguard privacy of users and venues. For the purposes of this policy, the term “Venue” is used to refer to bars, clubs, restaurants that are active and authenticated on the Wingman Offers app. The term “Users, User” shall be used to refer to an individual  that actively uses or wishes to use the Wingman Offers app, website or service.

Wingman Offers gives businesses a live marketing solution in which venues can set offers for specific time periods and display useful information including open and close times, event details and music. The user can also pre-pay for venues that charge for entry. Payments are processed using stripe for security and offers are redeemed within the app.

For the purpose of the Data Protection Act 1998, the General Data Protection Regulation and any and all domestic legislation implementing the Regulation into English Law (the “Data Protection Laws”). Under our terms and conditions and this Privacy Policy, we may act as either a Data Controller or a Data Processor in respect of your Personal Data, depending on the applicable circumstances.

The user’s tracking information is used to show the user local venues and occasionally send notifications from said establishments.

 

The user’s email and number can be used to occasionally to send notifications related to their local venues or in the event of a crime, health matter or any other situation deemed to be serious.

 

The venue can currently only see the user’s name if they are on the guest list. In future we will facilitate large purchases in regards to services like VIP or more exclusive events, in these cases the users number may be provided in case the venue or business needs to urgently contact the user.

Any questions you may have regarding the use of your data please contact us info@wingman.ac, you can unsubscribe from any communications you receive from Wingman Offers Limited, You have the right to object to direct marketing. In addition, in these circumstances, where you wish to update any inaccuracies in your Personal Data on our system, or wish for your Personal Data to be deleted from our system, you can contact us Info@wingman.ac, you have the right to correct any inaccurate or incomplete Personal Data” and “You have the right to be forgotten” above).

You can contact us at Info@wingman.ac with any questions you may have about privacy or data protection.

Please note that links from our website may take you to external websites not covered by this policy. We recommend that you check their privacy policies yourself before submitting any personal information. We will not be responsible for the content, function or information collection policies of these external websites.