Terms and Conditions

Background

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Prompt Corner Stage Management Ltd., the owner and operator of this Website.

Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Account” means collectively the personal information and credentials used by Users to access Subscription Content on the Website and to use the review service, message and booking facilities;

“Content” means any text, graphics, icons, logos, images, audio, video, software, data compilations or other form of information capable of being stored in a computer that appears on, or forms part of, this Website and includes Subscription Content;

“Host” means any User who has an Account set up to advertise their accommodation to Guests through the Website;

“Guest” means any User who has an Account set up to search for and book accommodation from Hosts through the Website;

“Subscription Content” means Content accessible only upon the creation of an Account;

“Service” means collectively any online facilities, tools, services or information that Prompt Corner Stage Management Ltd. makes available through the Website either now or in the future;

“System” means any online communications infrastructure that Prompt Corner Stage Management Ltd. makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“Prompt Corner Stage Management Ltd.” is a limited company incorporated in England and Wales with registered number 10773566 whose registered address is 36 Aviemore Road, Doncaster, South Yorkshire, DN4 9NE and it operates the Website www.showdigs.co.uk.

“User” / “Users” means any third party that accesses the Website and is not either

• employed by Prompt Corner Stage Management Ltd. and acting in the course of their employment or
• engaged as a consultant or otherwise providing services to Prompt Corner Stage Management Ltd. and accessing the Website in connection with the provision of such services.

These may be referred to as, but not limited to, “Guests” or “Hosts”;

“Website” means the website that you are currently using (www.showdigs.co.uk) and any sub-domains of this site (e.g. subdomain.showdigs.co.uk) unless expressly excluded by their own terms and conditions.

“VAT” means value added tax chargeable under the VATA 1994 and any similar replacement tax and any similar additional tax.

“VATA 1994” means the Value Added Tax Act 1994.

In these terms, the singular may be expressed as applying to the plural and the plural may be expressed as applying to the singular.

1. Booking Facility
   1. By pressing the ‘Book Now’ button, all Guests request and acknowledge that Prompt Corner Stage Management Ltd. will provide its services immediately to communicate this booking request to the Host and to facilitate the reservation. Once the booking is confirmed by the Host, the contract between Prompt Corner Stage Management Ltd. and the Guest is complete and the service has been provided. Nothing in this clause affects a Guest’s right to cancel their contract with the Host (see 1.iii below). Guests can still make use of the online facilities, communication tools and other Services available through the Website after their contract with Prompt Corner Stage Management Ltd. is complete.
   2. It is the Host’s sole responsibility to communicate any and all payment arrangements with the Guest. All other specific, individual arrangements can be discussed and agreed between the Host and the Guest.
   3. Changes and Cancellations by the Host or the Guest: Once the booking is made, an open line of communication exists between the Host and the Guest. The Host is to provide their pro-form contract to the Guest, and the Guest is to agree the same. This contract is exclusively between the Host and the Guest in question, and Prompt Corner Stage Management Ltd. is neither a contracting party nor an agent to any such contract. Both parties have the responsibility to communicate any significant changes in the arrangements and amend or cancel the booking. Any enquiries regarding this should be sent to admin@showdigs.co.uk
   4. Responding to and accepting bookings through the Website is a requirement of a Host Account. By updating availability on the calendar provided, and by responding to emails, rejected and expired bookings should represent a minimum of total booking requests on each Account. Prompt Corner Stage Management Ltd. reserves the right to suspend or cancel Accounts if they deem necessary for the reputation of the Website, a judgment which Prompt Corner Stage Management Ltd. is entitled to exercise entirely at its own discretion.
   5. All Guests are required to book digs via the ‘Book Now’ button. A messaging facility is made available to all Users prior to, during and after the booking has been processed simply to allow both parties to discuss the booking in detail. Following any form of agreement reached through the messaging facility, the Guest is required to click the ‘Book Now’ button on the Host’s listing. If an expired or rejected booking subsequently becomes possible, the Guest must complete the booking via Prompt Corner Stage Management Ltd. booking facility. Hosts are required to maintain a high booking acceptance rate by keeping their calendar and availability information up to date.
2. Intellectual Property and Acceptable UseSubject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, is the property of Prompt Corner Stage Management Ltd., our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphic, logo, icon, image, audio, video, software, data compilation, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by applicable United Kingdom and International Intellectual Property and other laws, copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
3. Use of Content
   1. You may do the following for your own personal, non-commercial use only unless otherwise indicated on the Website or unless given express written permission to do so by Prompt Corner Stage Management Ltd.
      1. retrieve, display and view the Content on a computer screen or mobile device.
      2. print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website
   2. Specifically, but without limitation, you agree that you will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Prompt Corner Stage Management Ltd.
   3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Prompt Corner Stage Management Ltd.
   4. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that;
      1. is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable;
      2. may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or
      3. may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
   5. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Prompt Corner Stage Management Ltd. for all claims resulting from Content you supply.
   6. Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in Clauses 3 and 4 of these Terms and Conditions apply.
4. Use of Subscription Content
   1. Creation of an Account grants you a licence to use all Subscription Features on the Website for the duration of your Account. You may use such Features in the following ways:
      1. for personal purposes; and
      2. for commercial purposes.
   2. Under such a licence, you agree that you will not systematically copy Subscription Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Prompt Corner Stage Management Ltd.
5. Third Party Intellectual Property
   1. Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clauses 3 and 4 of these Terms and Conditions to use Content from the Website. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
   2. All Users agree that, by uploading any images to the Website, you grant Prompt Corner Stage Management Ltd. a royalty-free, irrevocable licence to use those images for our commercial purposes only in whatever way we see fit. This licence shall include a warranty from that User that they own, or have permission to exercise, the Intellectual Property Rights in such images, as well as an agreement to indemnify Prompt Corner Stage Management Ltd. in the event of any breach of a third party’s Intellectual Property Rights in such photographs.
6. Links to Other Websites
   1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Prompt Corner Stage Management Ltd. or that of our affiliates.
   2. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
   3. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
7. Links to this WebsitePrompt Corner Stage Management Ltd. agrees to you providing a link from any internet resources to the homepage of the Website without requiring prior consent. In the event that you wish to deep link to specific pages within the Website, you will require the express written permission of Prompt Corner Stage Management Ltd.
8. Use of Communications Facilities
   1. When using the forums, message service, booking facility, review service, Facebook page, Twitter page and / or any other System on the Website you should do so in accordance with the following rules:
      1. you must not use obscene or vulgar language;
      2. you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
      3. you must not submit Content that is intended to promote or incite violence;
      4. it is advised that posts on message boards, chat facilities or similar and communications with Prompt Corner Stage Management Ltd. must be made using the English language, as we may be unable to respond to enquiries submitted in any other languages;
      5. you must not post links to other Websites containing any of the above types of Content;
      6. the means by which you identify yourself must not violate these terms of use or any applicable laws;
      7. you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
      8. you must not impersonate other people, particularly employees and representatives of Prompt Corner Stage Management Ltd. or its affiliates;
      9. you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”;
      10. All bookings must be made via the ‘Book Now’ button if initial contact has been made via messages and the booking is agreed by both parties. See clause 1.v; and
      11. you must not submit Content that is in any way inaccurate, particularly when leaving reviews on the Website. Users shall be liable to indemnify Prompt Corner Stage Management Ltd. for any defamatory Content submitted.
   2. You acknowledge that Prompt Corner Stage Management Ltd. reserves the right to monitor and, when it considers appropriate, to remove, any and all communications made using our System.
9. Accounts
   1. Registration
      1. In order to access Subscription Content on this Website and to use the message service, booking facility, calendar, forums, review service, Facebook page and Twitter page you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose. By continuing to use this Website you represent and warrant that:
         1. all information you submit is accurate and truthful; and
         2. you will keep this information accurate and up-to-date.
         3. Your creation of an Account is further affirmation of your representation and warranty.
      2. You must ensure that the details provided by you on registration or at any time are correct and complete.
      3. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
      4. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
      5. You may cancel your registration at any time by informing us in writing to the address above. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
   2. Password and security
      1. When you register on this Website, you will be asked to create a password. Sharing of accounts is not permitted unless expressly authorised in writing by Prompt Corner Stage Management Ltd. You are required to keep your Account details confidential and must not reveal your Username and Password to anyone. If you use a shared computer, it is recommended that you should not save your Account details in your internet browser.
      2. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
      3. When choosing your Username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
      4. Prompt Corner Stage Management Ltd. understands that Guests who book accommodation which is advertised for ‘Theatre Professionals Only’ are theatre professionals, and all such Guests acknowledge, represent and warrant that they are using the Website wholly or mainly for professional and business purposes.
   3. Host Accounts
      1. Subscription charges commenced on the date that you activated your subscription.
      2. For further information on hosting please visit our FAQ page here: https://www.showdigs.co.uk/faqs
      3. If you terminate your Account your digs listing will remain offline until you contact us to reactivate your listing.
   4. Termination
      1. Either Prompt Corner Stage Management Ltd. or you may terminate your Account. If Prompt Corner Stage Management Ltd. terminates your Account, you will be notified by email and an explanation for the notice will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
      2. If Prompt Corner Stage Management Ltd. terminates your Account as a result of your breach of these Terms and Conditions or for any other reason, you will not be entitled to any refund. Prompt Corner Stage Management Ltd. reserves the right to terminate for any breach of these Terms and Conditions.
      3. If Prompt Corner Stage Management Ltd. terminates your Account or subscription for any other reason, Prompt Corner Stage Management Ltd. reserves the right to refund any remaining balance of your subscription fee, where applicable. If Prompt Corner Stage Management Ltd. terminates your Account, you will cease to have access to Subscription Content from the date of termination.
      4. If you terminate your Account, you will cease to have access to Subscription Content from the date of termination.
      5. If any user of the Website wishes to make a complaint regarding termination or other aspect of the site, they can do so by emailing admin@showdigs.co.uk or writing to the registered business address.
10. Prohibited UseYou may not use the Website for any of the following purposes:
    1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
    2. any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
    3. Making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
11. PrivacyUse of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please go to https://www.showdigs.co.uk/privacy-policy.
12. Disclaimers
    1. Prompt Corner Stage Management Ltd. makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
    2. Whilst steps have been taken to ensure that all information provided on this Website is accurate and up to date, Prompt Corner Stage Management Ltd. makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our Service.
    3. No part of the Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
    4. Commercial use of the information on the Website is permitted as set out above; however Prompt Corner Stage Management Ltd. makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
    5. Whilst every effort has been made to ensure that all descriptions of services available from Prompt Corner Stage Management Ltd. correspond to the actual services available, Prompt Corner Stage Management Ltd. is not responsible for any variations from these descriptions.
    6. Prompt Corner Stage Management Ltd. accepts no liability in relation to any contract Users enter into or for any Services or arrangements Users agree with Hosts or for the acts or omissions of any Host or advertiser or other person or party connected with any arrangements. For all arrangements, the Guests’ contract will be with the Host in question. Please note that we do not offer any scheme of financial protection in respect of any bookings with any Host.
13. Availability of the Website
    1. Any online facilities, tools, services or information that Prompt Corner Stage Management Ltd. makes available through the Website (the “Service”) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Prompt Corner Stage Management Ltd. is under no obligation to update information on the Website.
    2. Whilst Prompt Corner Stage Management Ltd. uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
    3. Prompt Corner Stage Management Ltd. accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
    4. Prompt Corner Stage Management Ltd. reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
14. Limitation of Liability
    1. Nothing in these terms and conditions will:
       1. limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable;
       2. limit or exclude our or your liability for fraud or fraudulent misrepresentation; or
       3. limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
    2. To the extent that the Website and Content are provided to Guests free of charge, we will not be liable to you for any loss or damage of any kind.
    3. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
    4. To the maximum extent permitted by law, Prompt Corner Stage Management Ltd. accepts no liability for any of the following:
       1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
       2. loss or corruption of any data, database or software;
       3. any special, indirect or consequential loss or damage.
    5. Any accommodation information provided is not verified by or affiliated to Prompt Corner Stage Management Ltd. in any way. Accommodation information is presented ‘as is’ by property owners and Prompt Corner Stage Management Ltd. are not responsible for the content, quality or availability of the accommodation. Any contract is between the Website Guest and the property owner Host directly, not Prompt Corner Stage Management Ltd. We assume no responsibility for the accommodation and disclaim liability for any and all forms of loss or damage arising out of the use of them.
    6. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein, to the maximum extent permitted by law, Prompt Corner Stage Management Ltd. accepts no liability. Users should be aware that they use the Website and its Content at their own risk.
    7. Prompt Corner Stage Management Ltd. shall not be liable for any loss or damage arising out of the following circumstances, howsoever caused, including but without limitation:
       1. physical damage caused by a Guest to a Host’s property;
       2. nuisance caused by a Guest;
       3. loss or damage caused by a Host to a Guest’s property; and
       4. defamation.
    8. Prompt Corner Stage Management Ltd. is not liable as a contracting party or as an agent for any breach of a contract for accommodation secured through the Website, whether by a Guest or a Host.
    9. Nothing in these Terms and Conditions excludes or restricts Prompt Corner Stage Management Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Prompt Corner Stage Management Ltd.
    10. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms(or part of any provision) are found to be unlawful, invalid, illegal or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is deemed unlawful by any relevant judicial or designated independent decision-making body.
15. No WaiverUnless otherwise agreed, any delay, act or omission byany party to these Terms and Conditions in exercising any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
16. Previous Terms and ConditionsIn the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise. This includes any Terms and Conditions which a User seeks to rely upon which purport to govern the relationship between Prompt Corner Stage Management Ltd. and any User.
17. Notices and CommunicationAll notices / communications shall be given to us either by post to our Premises (see address above) or by email to admin@showdigs.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
18. Law and JurisdictionThese Terms and Conditions, the relationship between you and Prompt Corner Stage Management Ltd. and this agreement shall be governed by, construed and interpreted in accordance with the Law of England and Wales. Prompt Corner Stage Management Ltd. and you agree that all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
19. User Responsibilities
    1. Neutral Venue. The Website is an online venue through which Users find and learn about accommodation. The Website is merely a venue for users to learn about that accommodation and, if they wish, arrange to stay in that accommodation. We are not involved in the actual face-to-face contact between Users. As a result, we have no control over the conduct of our Users or the truth or accuracy of the information that Users post on the Website.
    2. Identity Verification. We make no attempt to confirm, and do not confirm, any User’s purported identity. You are responsible for determining the identity and suitability of others who you may contact by means of this Website. We do not endorse any persons who use or register for our Services, whether as Guests or Hosts. We do not investigate any User’s reputation, conduct, morality, criminal background, or verify the information that any user submits to the Website. We encourage you to review your Hosts’ and Guests’ profile pages and / or digs listings for feedback from other Users where and when applicable.
    3. Accuracy of contact details. It is a requirement of use of this Website that User’s contact details are correct and up-to-date. You are solely responsible for the accuracy of the contact details you enter on the Website.
    4. Inclusion and accuracy of required data. Pricing, digs descriptions, room listing, updated availability and photos are all required data for the smooth running and relevance of the Website. Hosts are solely responsible for maintaining the accuracy of this data. Prompt Corner Stage Management Ltd. reserves the right to remove listings and terminate Accounts (with due notification) if Hosts fail to include this relevant data or in the event that the data is inaccurate.
    5. Your Experience with Other Users. You are solely responsible for your interactions with other Users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other Users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other Users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another User of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
20. General
    1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
    2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
    3. These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
    4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.