We detail below the terms and conditions of which Cornucopia Entertainment Limited (henceforth referred to as “Cornucopia”) takes bookings and makes arrangements on behalf of its Clients. We do not accept any bookings on any other terms.
1. PURCHASE, CANCELLATIONS & REFUNDS
Cornucopia aims to ensure that package benefits remain available to the Client at all times. If any of the benefits become unavailable, Cornucopia will make good faith efforts to see that prior commitments are honoured to the fullest extent possible, but shall not be responsible for any actions of third parties, third party suppliers or events beyond Cornucopia’s physical control. If entrance with procured invitation to the event is denied to the Client at no fault of the Client, a full refund will be issued to the Client via credit card or bank/wire transfer within 10 business days.
All sales are final. In the event a purchase results in cancellation by fault of the Client in which Cornucopia has acted as a credit agent or vendor on the Clients’ behalf and purchased invitations in advance of payment from the Client for said event, the Client hereby agrees to reimburse Cornucopia the full amount due for said invitations.
Refunds will only be issued in the event that Cornucopia fails to procure invitations for the Client. Some events are two fold in that an afterparty happens after an award or show or event. If the client attends an afterparty, the cost of this, determined by Cornucopia, will be deducted from any refund offered. In the event the venue does not perform the engagement or if invitations to an event are not issued or honoured at no fault of the Client, Cornucopia shall issue a full refund to the Client within 10 business days.
Cornucopia’s procurement of invitations is subject to the following provisions:
- Cornucopia is not the issuer, original seller or a reseller of invitations. Invitations purchased are not commercial offerings available through retail channels and are sold at prices obtained directly from suppliers, which may include service charges reflecting costs and efforts in obtaining the invitations.
- Invitation prices are not set by Cornucopia and are subject to market conditions and demand.
Cornucopia will not be held liable for a venue’s failure or postponements and cannot be held responsible for venue’s inability to hold an event by accident, Acts of God, riots, strikes, labour difficulties, epidemics, any act of any public authority or any other cause, similar or dissimilar, beyond venue’s or Cornucopia’s control. In the event of the event being cancelled by the venue, Cornucopia will issue a full refund within 10 business days.
Cornucopia reserves the right to withdraw any of these services and/or to refuse to supply the services requested and in such case Cornucopia will issue an immediate and full refund via wire transfer to Client within 10 business days of contract breach.
If Cornucopia is unable to fulfil any request, we will inform the Client as soon as reasonably practicable and in such case Cornucopia will issue an immediate and full refund via wire transfer to the Client within 10 business days of contract breach.
Cornucopia shall use its reasonable endeavours to provide the services with reasonable care and skill and, as far as reasonably possible, in accordance with the Client’s request and instructions from time to time. Where Cornucopia supplies the Client with any goods or services supplied by a third party, then Cornucopia is acting as the Client’s agent in sourcing the goods or services. Cornucopia will use reasonable care in selecting the supplier and ensuring the order is placed in accordance with the Client’s wishes. For the avoidance of doubt, Cornucopia does not and will not provide any representations or recommendations in relation to any of the information and suggestions comprised within the services.
The Client’s contract for the purchase of products or services is made with the relevant supplier/partner/vendor only. Cornucopia acts as an agent for the supplier/partner/vendor and, unless expressly provided otherwise, all the Client’s rights and remedies are against the supplier/vendor/partner. Cornucopia, as the agent of the Client, shall make all reasonable efforts to ensure that the Client receives the products/services as marketed/offered to them.
Cornucopia will not be responsible for products and services offered by Cornucopia as agents for the suppliers/vendors/partners or for any aspect of the relationship between the Client and any particular supplier/vendor/partner. Cornucopia will however do everything it reasonably can to assist the Client in any dealings it has with the supplier/vendor/partner.
The Client agrees that any contract entered into by him/her with any of the suppliers/vendors/partners is an independent contract. Cornucopia hereby disclaims any and all liability for any act or omission of any supplier/vendor/partner or any loss incurred by the Client as a result of any act or omission of a supplier/vendor/partner whether or not arranged through Cornucopia.
Save in respect of death and personal injury caused by the negligence of Cornucopia or as expressly provided for in these Terms and Conditions, Cornucopia shall not be liable for any loss, cost, expense or damage of any nature whatever, whether direct or indirect, resulting from the provision of the services or the Client’s reliance upon the information and suggestions provided by Cornucopia hereunder and the resulting supply of goods and services to the Client by any third party.
Cornucopia shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by the Client which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any other fault of the Client.
Save in respect of death and personal injury and subject to the provisions of these Terms and Conditions, Cornucopia’s maximum liability to the Client for breach of any of its obligations hereunder shall be limited to the value of the services and the charge for the services to be provided.
This section applies only to the extent permitted by law.
The terms and conditions of this Agreement are absolutely confidential between the parties and shall not be disclosed to any other party, except as shall be necessary to effectuate its terms. Any disclosure in violation of this section shall be deemed a material breach of this Agreement.
It is understood and agreed that the parties to this Agreement would provide each other with information that may be considered confidential. To ensure the protection of such information and in consideration of the agreement to exchange said information, the parties agree as follows, with fully financial penalty of funds paid of any breach of the following:
(i) The confidential information to be disclosed under this Agreement (Confidential Information) is defined as: documentation issued from Cornucopia to the Client and/or beneficiaries such as invoices, sales orders, contracts, and terms and conditions, including this document, regardless of whether such information is designated as Confidential Information at the time of its disclosure.
(ii) The parties shall use the Confidential Information only for performing service under this Agreement.
(iii) The parties shall limit disclosure of Confidential Information, whether verbal or written, within its own organisation to its directors, officers, partners, members and/or employees having a need to know and shall not disclose Confidential Information to any third party, whether an individual, corporation, or other entity, without prior written consent of the Disclosing Party. The parties shall satisfy their obligations under this paragraph if they take affirmative measures to ensure compliance with these confidentiality obligations by their employees, agents, consultants and others who are permitted access to or use of the Confidential Information.
(iv) The existence, nature, terms and conditions of this Agreement are strictly confidential and shall not be disclosed by the Client in any manner or form, directly or indirectly, to any person or entity under any circumstances. Further, the Client shall not discuss, comment upon, disparage, or disclose any information, in any manner or form, directly or indirectly, online or otherwise, to any person or entity, about:
b. Cornucopia’s officers, directors, shareholders, agents, employees, or other representatives;
c. Any aspect of Cornucopia business or operations; and/or
d. Any aspect of the Client’s dealings with Cornucopia.
(v) The Client shall not assist, or cooperate with, any other person or entity in committing any act, which if committed by the Client, would constitute a violation of this section. Cornucopia shall deem any violation of this section a material breach of this Agreement, punishable by way of immediate, undisputed £100,000 fine.
(vi) The parties and their lawyers shall keep the specific terms, conditions and covenants of this Agreement confidential except:
a. Where mutually agreed to in writing by the parties;
b. Where necessary to share such information with the parties’ accountants or attorneys; or
c. Where a court of competent jurisdiction orders disclosure.
(vii) The parties and their attorneys shall not communicate with anyone associated with any media or publication entities concerning the terms of this Agreement or allow any information to be released into any publically available medium in which the press can obtain information. This confidentiality provision is a material term of this Agreement, and its violation shall constitute a material and very serious breach of this Agreement.
4. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions and the Client’s services with Cornucopia are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales.