Terms and Conditions
Clause 1 – Terms and Conditions
1.1 This site is owned and operated by ELETE GRP LONDON LTD, 4th Floor, 18 St. Cross Street, London, EC1N 8UN (‘we’ or us’). These Terms and Conditions govern your use of the www.Eleteproposals.london website (our ‘Site’), and apply to all dealings, contracts and bookings you have with us.
1.2 All use of our Site and services is subject to these Terms and Conditions. All users are subject to these Terms and Conditions. By using our Site and or services you enter into a binding contract with us on the following Terms and Conditions. If you do not accept these Terms and Conditions, you should not use our Site and or services. In the event of any conflict between these Terms and Conditions and any other contract entered into by you with any third party, these Terms and Conditions will take precedence. You will be considered to have read and accepted these Terms and Conditions, including any changes, each time you use our services. We reserve the right to change or modify these Terms and Conditions and/or the services at any time without notice and at our discretion.
Clause 2 – Copyright
2.1 All content on this Site, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and the selection and arrangement thereof, are the proprietary property of ELETE GRP LONDON LTD or its clients, with all rights reserved.
2.2 As a user, visitor or contractor you agree not to sell or modify the material on our Site or copy, reproduce, republish, display, download, post, broadcast, transmit, publicly perform, distribute, store or in any way hold yourself out as having any right to do any of the foregoing, or otherwise use the material in any way for any public or commercial purpose without the express written permission of ELETE GRP LONDON LTD.
2.3 ELETE GRP LONDON LTD own the copyright to all images and media taken during the proposal. We do not provide or sell the original raw files. We reserve the right to use these images for our own promotion.
2.4 All images and media will carry our logo, watermarked into them and may be removed by purchasing additional usage rights to the media for an additional £45 per media type i.e images and/or video.
Clause 3 – Privacy Policy
3.1 You agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.
Clause 4 – Termination
4.1 We reserve the right to suspend or terminate our provision of services and to deny access to our Site or any part of our Site at any time and for any reason whatsoever without notice.
4.2 We are committed to the protection of our staff and reserve our right to terminate the supply of any services provided by us in the event of abusive, threatening or harassing behaviour directed towards our staff.
4.3 A termination does not give right to any refund of any fees paid by you and any outstanding fees are still due and payable within 7 days.
Clause 5 – Exclusions and Limitations
5.1 We do not represent or warrant that:
5.2 our services or Site or any of their contents will be accurate, complete, reliable, true or suitable for any purpose;
5.3 any services (whether or not provided by us) will be provided with due care and skill.
5.4 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
5.5 any technical, factual, textual or typographical inaccuracies, errors or omissions in, on or relating to our Site or any information on our Site or any information provided in the course of providing the services;
5.6 any delay in providing, or failure to provide or make available services or any negligent provision of services;
5.7 any misrepresentation on or relating to our Site or any services.
5.8 You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
5.9 You agree that each of these limitations and exclusions is reasonable having regard to the nature of our Site and services.
Clause 6 – Entire agreement
6.1 Subject to clause 1, these Terms and Conditions, together with our privacy policy, set out the whole of our agreement and supersede any previous agreements, arrangements, undertakings or proposals.
Clause 7 – Notices
7.1 Any notices you wish to send to us should be sent to us by registered first class post.
7.2 Any notices that we may wish to draw to your attention will be sent by email to an address provided by you or displayed on our Site.
Clause 8 – Enforceability
8.1 If any part of these Terms and Conditions unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms and Conditions will not be affected.
Clause 9 – Assignment
9.1. We may assign any and all rights, benefits or burdens under these Terms and Conditions as we deem fit without any prior notice to you.
Clause 10 – Third party rights
10.1. Except for our affiliates, directors, employees or representatives, a person who is not a party to an agreement made under which these Terms and Conditions are incorporated has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms and Conditions but this does not affect any right or remedy of a third party that exists or is available apart from under that Act.
Clause 11 – Indemnity Clause (Including Third Party Liability)
11.1 You agree to defend and hold harmless Elete Grp London Limited and its subsidiaries, agents, contractors, officers, directors, licensors, all employees and any other affiliated companies 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 all and any reasonable legal fees and costs ) arising from:
11.1.1) Your use of and access to the Services provided;and/or
11.1.2) Your breach of any terms of this Agreement, how so ever breached, this including without limitation any breach by You of any of the terms of this Agreement; and/or
11.1.3) any breach by You of any applicable law, statute or regulation now in force or in force in the future, including any such amended law, statute or regulation which may come in force during the term of this Agreement; and/or
11.1.4) any claim or damages that arise as a result of your use of the Services; and/or
11.1.5) any cancellation of the Proposal Site by any Party or Third Party which is beyond the control of Elete Grp London Limited: and/or
11.1.6) any inability due to unforeseen circumstances of Elete Grp Limited to attend the Proposal Site at the agreed time such as, but not limited too, bomb-scare, act of terrorism, major tunnel or bridge ( London ) closure, with road closures, immediate government lockdown: and/or
11.1.7) the failure of any equipment provided or at the Proposal Site at any time.
11.2 Elete Grp London Limited, exclude all and any liability for and you agree to indemnify us against all and any damages and losses caused, howsoever caused, by the failure of any Third Party to deliver or provide the agreed services which are an integral part of the Elete Grp London Limited ‘Proposal Package’ as agreed.
11.3. You acknowledge and Agree that Elete Grp London Limited have no responsibility or liability for any losses or damages incurred for the late arrival of or non-attendance of any client(s) to the Proposal Package Site. In the event of late arrival or non-attendance there is strictly no refund under any circumstances all liability remains with the client(s) at all times.
11.4. You acknowledge and Agree that Elete Grp London Limited have no responsibility or liability for any losses or damages incurred due to photographic equipment, video equipment or prop failure or unavailability. All liability remains with the client(s) at all times.
Clause 12 – Disclaimer
12.1 Whilst We make every effort to show the proposals on the Site in good faith, the photographs provided are for illustration purposes only.
12.2 The photos are representative of the proposals only and we make no representation or warranty of any kind, whether express or implied regarding the accuracy or completeness of the proposal supplied.
12.3 Under no circumstances shall we have any liability to you for any differences in the proposals shown in the photos on the website or provided offline to you and/or your reliance upon the photographs and descriptions provided on the site or provided to you offline.
Clause 13 – Payment and Cancellations
13.1 Payment in full must be made at the time of booking by direct bank transfers. Details of the nominated bank account will be provided at that time. No refunds are offered or given once a Proposal is booked or any payments have been made to us.
13.2 Elete Grp London Limited shall make its best endeavours to provide the Proposal Site services as agreed in this contract however:-
13.2.1) The cancellation of the agreed venue by the venue owner at any time is beyond the control of Elete Grp London Limited. We will endeavour to re-schedule to a time and dated agreed with you.
13.2.2) We will not be liable for any expenses by the client which are non-refundable due to any cancellation by the Venue owner.
13.2.3) Any Services paid for by Elete Grp London Limited shall be due and payable and the Client shall be solely responsible for this Payment.
13.2.4) Due to the nature of certain facilities, which include, but are not limited to such facilities as the Bandstand, we are unable to confirm without reserve any use of those facilities, for bookings, as they are in public ownership. We endeavour to preserve the use of these facilities by reasonable communications with the appropriate authorities and subject to this clause your booking will be confirmed. If the booking cannot take place for any reason we will endeavour to re-schedule to an available time and date agreed with you or at another facility that we use. No refunds will be made in any circumstances and any difference in prices will be met by The Client.
13.3 Any cancellation by the Client prior to the Proposal Site time and date shall be non-refundable under any circumstances. Any payments made in excess of the contract which remain outstanding shall be payable with immediate effect to Elete Grp London Limited.
Clause 14 – General Terms
14.1 Once a booking is made any rescheduling of the time or date will only be as agreed in writing with Elete Grp London Limited
14.2 Booking are made for two (2) people only.
14.3 There is a strict policy of no client drink or food may be taken to the Proposal Site.
14.4 The Venue Site Terms and Conditions take precedence at the Proposal Site, please go to Venue Website for further details. This to include their GDPR Policy.
14.5 We reserve the right to reschedule on health and safety grounds without your permission.
14.6 None of your own food, drink or decorations are allowed onto the venue without written permission provided by us in advance.
14.7 We reserve the right to reschedule or move to an interior area (where possible) any proposals we wish due to anticipated inclement weather. A weather check or checks may be made on the day. No refunds will be made only a rescheduling. There may be some costs to the client.
14.8 We reserve the right to reschedule any proposals without any refunds for operational reasons such as not being able to access the venue or proposal space due to reasons out of our control.
14.9 All proposals including the penthouse are strictly for two persons only i.e.the couple. No extra persons are permitted anywhere on the development.
14.10 Car parking at any proposal venue or location is entirely at the clients own risk.
14.11 Car parking at the penthouse is strictly in bays 89 and 90 only. You are strictly not permitted to park in any other spaces. Other parking bay owners could block you in if they are unable to access their spaces. There is also a height restriction of 2.5 meters. You must not drive into the development until our assistant is there directing you to bays 89 and 90.
Clause 15 – Additional Helicopter Proposal Terms
15.1 London Helicopter facility is approximately 30 minutes from Central London by the fast train.
15.2 Strictly two persons only (the couple) in the flight (plus the pilot).
15.3 All passengers need to be checked in at the facility 30 minutes prior to the scheduled time and no refunds will be given for late arrival.
15.4 Flight depends on visibility, operational and weather conditions, but will be rebooked at no extra cost if the Helicopter Flight is cancelled due to any of these reasons.
15.5 Once booked, the customer must give minimum 2 weeks notice to reschedule their booking, otherwise the voucher will be counted as redeemed. The booking must be rescheduled within a period of three months from the original date of the event and any change in pricing (if applicable) paid. This does not apply if the Helicopter company reschedules the booking due to unsuitable weather or operational reasons.
15.6 Flight time based on average for tours, can vary slightly due to factors such as air traffic control and wind speed.
15.7 These introductory / air experience flights are not required to conform to the same safety regulations as those conducting Commercial Air Transport (CAT) / Public Transport (PT) operations.
15.8 CAA Rules apply.
15.9 All passengers must declare any disabilities prior to booking and if allowed these need to be agreed first by the Helicopter Company.
15.10 Strictly no passengers under the influence of drugs or alcohol will be permitted to board.
15.11 Passengers are responsible for cleaning costs if they cause any spills etc.
15.12 The Helicopter company has told us it is insured for public liability insurance. Policy can be provided on request. You are not insured for anything else i.e. late and missed departures or failing to give 14 days notice of rescheduling.
15.13 The booking is non-refundable.
15.14 All flights are entirely at passengers own risk. Elete Grp London Ltd are not responsible for any claims or damages however caused unless caused by our own negligence and then limited to the price paid for the helicopter flight only
15.15 If parking at the airfield/helicopter facility please check that your vehicle insurance is valid. Elete Grp London nor the helicopter company or airfield accept no responsibility for damage or theft.
Clause 16 – Liability
16.1 To the maximum extent permitted by law You acknowledge and agree that the entire liability arising out of Your access to and use of the site and goods supplied is entirely Yours and remains with You at all times both before during and after such risk applies.
16.2 Neither Us nor any Party involved in the creation, production or delivery of the site or goods supplied will be liable, in any way, for any incidental, special, exemplary, legal ( reasonable costs ) or consequential losses or damages, this to include but not exclusively, loss of profits, loss of data, loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages whatsoever of a personal nature, including bodily injury, emotional distress arising out of or in connection with these Terms, from the use of or inability to use the site or goods supplied. Whether or not they are based on warranty, contract, tort this to include negligence, product liability or any other such thing, whether or not We have been informed of such matters and the possibility of any such damages or alike, this also, even if a limited remedy set forth and contained in these Terms has failed or could fail because of essential purpose.
16.3 In the circumstances or event Our aggregate liability arising out of or in connection with these Terms and Your use of the site or goods supplied through it, this to include, but not limited to, Your use of the Site or good supplied, or from Your use or inability to use the site or goods supplied will not exceed the sum You have paid through the Site as a user of the Site in any one order prior to the event giving rise to the liability or £100 ( one hundred pounds ).
16.4 In respect of clause 28.3 and the sums detailed, if no such a payments have been made, as applicable, the limitations of damages set forth in 28.3 are fundamental elements of the basis of the bargain between Us and You.
16.5 In the event of any non-attendance by any third party, Elete Grp London Limited accepts no liability whatsoever for their non-attendance and any change or effect on the proposal.
Clause 17 – Dispute Resolution Clause
17.1 You and Us acknowledge and agree that any dispute, claim or controversy arising out of or in connection with these Terms or breach, termination, enforcement, interpretation or validity thereof, or use of the services, goods or site, ( Collectively “Disputes” ) shall be submitted to arbitration and will be settled by binding arbitration.
17.2 If the Parties do not agree upon an arbitrator, either Party may request a nomination from the chair of arbitration.
17.3 You and Us acknowledge and agree that should any dispute arise that an appointment of an officer from the Centre for Effective Dispute Resolution (CEDR) will be made and his/her recommendations will be adopted.
17.4 You and Us acknowledge and agree that each party retains the right to seek injunctive relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a Party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
17.5 You acknowledge and agree that You and Us are each waiving the right to trial by jury or to participate as a plaintiff or class expert in any purported class action or representative proceedings.
17.6 It is acknowledged and agreed unless both You and Us unless otherwise agreed in writing, that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of class or representative action.
17.7 If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.
17.8 Except as provided in clause 30.4 this “Dispute Resolution” section will survive any termination of these Terms.
Clause 18 – Survival
18.1 Any clause or term contained in these Terms and Conditions which by its intent should survive the end of any contract between You and Us will do so howsoever this contract is ended.
Clause 19- Force Majeure
19.1 Elete Grp London Limited will not be liable for any failure in this contract arising out of compliance with any laws, ordinance, regulations, ruling, order or other governmental action or arising out of acts of God, fire, flood, war, sabotage, accidents, labour disputes, shortages, or failure, to supply materials or equipment, epidemic, pandemic or government lockdown, interruption, of or delay in transportation, or any similar circumstance.
19.2 Elete Grp London Limited shall not be responsible for any cancellation or delivery of the performance of the Services resulting from causes beyond its reasonable control, including but not exclusively compliance with any laws, ordinance, regulations, ruling, order or other governmental action action or arising out of acts of God, fire, flood, war, sabotage, accidents, labour disputes, shortages, or failure, to supply materials or equipment, epidemic, pandemic or government lockdown, interruption, of or delay in transportation, severe or unusual weather conditions, accidents, or other contingencies the non-occurrence of which was a basic assumption on which the contract was made or any similar circumstance.
Clause 20 – Viruses such as Covid-19
20.1 If upon attendance of the venue, if in the reasonable opinion of the company any person presents with virus symptoms, the Proposal will be cancelled without any refund. The Party must then leave with immediate effect.
20.2 If any member of the party has presented with symptoms, the proposal may not go ahead for a further 14 days.
20.3 If any further government lockdowns or early closing regulations are imposed upon any of the venues the client may reschedule within a twelve (12) month period, subject to the venues own policies, and/or any permanent closures or future non-availability of the venue. For the avoidance of doubt Elete Grp London, will not make any refunds for any venues or suppliers where we are unable to obtain a refund ourselves.
20.4 We strongly advise that the client takes out event insurance to cover for any illness, late cancellations or closure of venues.
20.5 If, in the event of illness of any member of Elete Proposals, who is necessary for the presentation of the proposal, and there is no available substitution, the client may reschedule any time within the next twelve (12) month. After 12 months we will make a refund.
20.6 If, due to circumstances beyond the control of Elete Grp London, services are unavailable or only available in part, there will be no liability to provide those services and no refund of them, however at the absolute discretion of Elete Grp London Ltd, should the vendor offer a refund the proposal may be rescheduled to a date and time agreed between the Parties.
Clause 21 – Waiver and Assumption of Risk
21.1 You acknowledge and agree that you hereby fully waive and release Elete Grp London Limited, including all officers, employees, agents and assigns, to the fullest extent permissible in law, from any and all claims for personal injury, property damage or death as a result of you participation in any of the offered “proposals “and their Sites to include but not limited to the Roof Top proposal.
21.2 You expressly agree that you undertake the activities, at your risk, in consideration of being permitted to use the services provided by the Company Proposal Site.
21.3 You hereby accept fully and acknowledge and agree to take any and all responsibility and liability of any other person accompanying you on this proposal in respect of these terms and conditions, waiver and assumption of risk, this is due to the surprise element of the proposal not being compromised.
21.4 You hereby acknowledge, understand and agree that there are dangers and risk associated with the activities described in the Proposal Offered and they have been fully explained to you. You hereby agree to abide by all of the instructions and procedures imposed by this release relating to the use of the Proposal Site.
21.5 By agreeing to these terms and conditions including, expressly, the Waiver and Assumption of Risk, you fully Assume the dangers and risks as detailed and explained to you, and agree to use you best judgement while engaging any and all activities.
21.6 You further agree to indemnify and hold harmless Elete Grp London Limited and it officers, employees, agents and assigns, from and against any and all liability incurred as a result of or in any manner related to your participation in the activities.
21.7 You guarantee and confirm you are of a legal age and competent to execute this document and this Waiver and Assumption of Risk, and you do so of your own free will and accord, voluntarily and without duress, and that you do-so intending to bind yourself and your, executors, heirs and administrators or assigns to the fullest extent allowable under the laws of England and Wales.
21.8 You agree that you have read and understood and agreed to be bound by the terms and condition of Elete Grp London Limited (https://www.Eleteproposals.london/terms-conditions/). You have also read and understood the foregoing and acknowledge and consent to the Terms of the Waiver and Assumption of Risk specifically included in these terms and conditions.
21.9 It is confirmed that if you undertake and/or take part in the proposals activities as agreed, you have agreed to these terms and conditions as though you have signed them, whether or not your signature is placed below.
Dated:
Signed:
Print Name in CAPITALS:
Full Address:
Clause 22 – Photography and Video
22.1 All content of your proposal you have received through us (by using our photography and videography services) , including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and the selection and arrangement thereof, are the proprietary property of Elete GRP LONDON LTD, with all rights reserved.
22.2 All images (websites and delivered to client) are copyrighted © 2021 Elete GRP LONDON LTD.
22.3 In accordance with the copyright laws, any and all images appearing in the Elete Proposals web site, www.Eleteproposals.london, all social media pages associated with Elete Proposals, consisting of but not limited to Facebook, Twitter, Instagram, Pinterest and Flickr, as well as any images photographed and captured are the exclusive property of Elete Grp London Ltd and are protected under United Kingdom and International Copyright laws.
22.4 Copyright and ownership of images taken by Elete Grp London Ltd will always be retained by Elete Grp London Ltd. Unless given written authorization, the client is forbidden by law from copying any images created by the Elete Grp London Ltd and agrees that all photographic reprints, digital duplications or copies of any type made from images created by Elete Grp London Ltd shall only be carried out by Elete Grp London Ltd. The images may not be reproduced, printed, copied, transmitted or manipulated without the written permission of Elete Grp London Ltd. The use of any image as the basis for another photographic concept, illustration or reproduction (digital, artist rendered or alike) is a violation of the law and is strictly prohibited. The license to reproduce such images is granted to the client on the understanding that all invoices are paid within the Elete Grp London Ltd stated payment terms.
22.5 Reproduction rights (if and when granted) are strictly limited to the use specified on the invoice. An agreement must be reached with Elete Grp London Ltd before the pictures are used for a different purpose or after the license has expired. Elete Grp London Ltd reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on the invoice.
22.6 Elete Grp London Ltd reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes. Elete Grp London Ltd reserves the right to use images from events.
22.7 Images taken by Elete Grp London Ltd will be delivered in JPEG (2100 pixel size) longest edge only. Extra fees apply to other files sizes and formats. We do not store images for you. You must backup and store the images provided to yourself immediately.
22.8 The client acknowledges that image and video quality are greatly affected by light levels, necessary camera settings and weather conditions. The client agrees that the Photographer can only capture the event that happens. No re-editing will be done after the final edited copies are presented to the client.
22.9 The client agrees that agrees that it may be necessary to re-shoot images or video during the proposal for any reason including but not limited to weather conditions, camera, audio or lighting equipment failure. The client shall hold the company harmless in any disputes arising from these issues.
22.10 The client agrees that the photographer is not responsible for movement and placement of personal items and accessories during the shoot.
22.11 The client has reviewed portfolio images and accepts image composition quality and the documentary and artistic value of images photographed by the photographer or those working the behalf of the Photographer and accepts the results on an as is basis.
22.12 We will charge a minimum 100% of our fees, charges, and expenses on any reshoot requested by the client. The client shall hold the company harmless in any disputes arising from these issues.
22.13 Elete Grp London Ltd do not offer a photoshop service. If required, the client will find their own supplier.
22.14 The package includes up to one hour of editing on the images in Lightroom. For 99% of clients this is sufficient time. Any additional time required for any client requested edits is chargeable. We do not offer a Photoshop service.
22.15 Images and videos taken are not designed to be blown up to large sizes.
Clause 23 – Governing law
23.1 These Terms and Conditions shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes between us.
