Virtual-Realities Ltd:- We or Us or Our
Customer:- You and Your
Consumer:- Any person who buys goods from us for purposes which are outside their trade, business or profession
Goods:- The purchase of computer hardware and software products sold by us to you including packaging, manuals and any other ancillary components or documents, or any online service offered by us.
Conditions:- Means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by us
Registered Office:- Virtual-Realities Limited, Figures House, 24 Brighton Road, Salfords, Surrey, RH1 5BX, United Kingdom
Our telephone number:- +44 (0)1737 852230 (Mon-Fri 9am-5pm)
Our online contact:- Contact Link
Company Registration:- Registered in England & Wales No. 10076276
VAT Registration:- GB 240 4753 26
The conditions which apply to your purchase of goods from us
The conditions in Part I apply to your purchase of goods from us whether you are a consumer or not.The conditions in Part II apply to your purchase of goods from us only if you are a consumer.The conditions in Part III only apply to your purchase of goods from us if you are not a consumer.The conditions in Part IV apply to the use of our experiences at our premises or if hosting an event at an external location of your choice on your behalf.The conditions in Part V apply to your participation in any competitions we may run.
Voluntary Code for the return of goods by you to usThis code only applies as between you and us if you are a consumer. This code is intended to promote good relations between you and us. The code is entirely voluntary and does not affect your statutory rights.
In individual circumstances the provisions of the voluntary code may be more or less favourable to you than your statutory rights. You are free to withdraw from the operation of the code at any time and pursue your statutory rights. If you are in any doubt about your statutory rights you may wish to consult a solicitor or your local citizens advice bureau.
a) Making an agreement to purchase our goods
- The nature of electronic goods is such that the specification, description and price of individual goods can change
- The invitation to you to order goods from us is not an offer by us to sell to you goods of the specification and description at the price indicated.
- Your order is an offer to us to buy the goods of the specification and description at the price indicated.
- Wherever possible we will accept your order to buy the goods of the specification and description at the price indicated by e-mail and in which case there will be a concluded agreement between you and us.
- Wherever it is not possible to accept your order to buy the goods of the specification and description at the price indicated we will advise you by e-mail and offer to sell you the goods of the specification and description at the price stated in the e-mail and will state the period for which the offer or the price remains valid.
- You may accept our offer by e-mail within the period stated and in which case there will be a concluded agreement between us.
b) Delivery of the goods
- The price of the goods does not include delivery by us to you
- The costs of carriage and any insurance which you direct us to incur shall be reimbursed by you and shall be due on the date for payment of the price.
- The goods shall be delivered by us to your address and the risk in the goods shall pass to you upon such delivery taking place.
- You should note that our carrier requires immediate notice to be given of any loss or damage to goods and you should inspect the goods upon receipt and report any loss or damage to the carrier immediately.
- Insofar as you report any transit damage to goods to us within 48 hours of delivery we will refund the price and carriage or replace the goods at no cost to you.
- In respect of any transit damage to goods reported to us after 48 hours of delivery we shall require proof from you that the goods were damaged before receipt by you.
a) Payment and Price
- We shall not be bound to deliver the goods until you have paid for them. Payment shall be due when the agreement is made between us. Time for payment shall be of the essence. The price due from you is the price indicated as inclusive of value added tax.
- We will try to deliver the goods to you within the time estimated for delivery.
- If we are unable to do so, we reserve the right to deliver them within 30 days beginning with the day after the day of the agreement between us.
- If we are unable to deliver the goods to you within 30 days beginning with the day after the day of the agreement:
- we shall inform you by e-mail ;
- we shall make a further offer to you by e-mail to sell you the goods of the specification and description at the price stated in the e-mail and will state the period for which the offer or the price remains valid ;
- unless you accept the offer we will reimburse any sum paid by you or on your behalf under or in relation to the agreement within a period of 30 days beginning with the day after the day on which the time for delivery expired.
c) Your right of cancellation
- The rights of cancellation set out below apply to any agreement between you and us save insofar as the agreement is in respect of computer software if it is unsealed by you.
- You have a right to cancel the agreement at any time before the expiry of a period of 14 calendar days which begins on the day the goods are delivered.
- You may cancel by giving us notice in any of the following ways:
- by a notice in writing which you leave at our address (given above);
- by a notice in writing which you send by post to our address (given above);
- by electronic mail to firstname.lastname@example.org or via our online contact form (given above);
and the notice shall operate to cancel the agreement between us.
- If you cancel the agreement :
- you must return the goods to us at the address given above ;
- the goods must be returned to us complete (please note the definition of goods given above) ;
- you are responsible for the cost of returning the goods to us at the address given above ;
- you are under a duty to take reasonable care of the goods (including reusable packaging, manuals etc) until they are returned to us ;you are under a duty to take reasonable care to see that they are received by us and not damaged in transit ;
- we will reimburse any sum paid by you or on your behalf under or in relation to the agreement including the costs of carriage and any insurance which you directed us to incur.
- we will charge you the direct costs to us of recovering any goods supplied by us if you fail to return the goods to us.
d) Our right of cancellation
- If for reasons beyond our reasonable control, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to us, we are unable to supply the goods to you, we may cancel the agreement at any time before the goods are delivered by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation the agreement. We shall not be liable for any other loss or damage whatever arising from such cancellation.
e) Statutory rights
- Your right of cancellation is in addition to your other statutory rights.
- The after sales service and guarantees and the voluntary code for the return of goods by you to us mentioned below do not affect your statutory rights.
f) Guarantees and after sales service
- We guarantee that the goods will correspond with the stated description and specification.
- We guarantee that the goods will be of satisfactory quality when delivered by our carrier.
- We operate a voluntary code which appears below for the return of goods which have failed to meet your expectations.
- Subject to you complying with the voluntary code for the return of goods we guarantee that the goods will remain of satisfactory quality in normal use for 1 month following delivery and will refund the cost of the goods or credit the cost of the goods or replace the goods in accordance with timescale for return of the goods set out in the voluntary code.
- The terms of any manufacturer's guarantee and after sales service will be included within the documents accompanying the goods.
- We are willing to provide advice to you in accordance with the conditions below.
g) Advice given by us to you
- We are always prepared to offer advice about the goods including advice about installation, compatibility, configuration, and product upgrades.
- We know the general purpose for which you require our goods and we will take reasonable care when giving you any advice.
- Without knowing the particular application for which you require our goods and the exact specification and configuration of any existing system into which you intend to install our goods we cannot and do not warrant the suitability of any of our goods for your particular purpose.
h) Your responsibilities
- It is your responsibility to ensure compatibility of any goods offered for sale by us both with the existing hardware or software, and with any other goods offered for sale by us.
- It is your responsibility to ensure proper installation of our goods.
- It is your responsibility to ensure that wherever necessary you access the manufacturers web site to download any necessary product upgrades (including drivers and manuals).
Voluntary Code for the return of goods by you to usThis code only applies as between you and us if you are a consumer. This code is intended to promote good relations between you and us. The code is entirely voluntary and does not affect your statutory rights.
ImportantIn individual circumstances the provisions of the voluntary code may be more or less favourable to you than your statutory rights. You are free to withdraw from the operation of the code at any time and pursue your statutory rights. If you are in any doubt about your statutory rights you may wish to consult a solicitor or your local citizens advice bureau.
We recognise that goods supplied by us to you may not meet your expectations. In our experience there are many reasons why that may happen. Examples of those reasons include a defect in the goods at the point of delivery to you, incompatibility with existing equipment, poor installation or simply poorer performance than you require.
We are not able to establish why the goods have failed to meet your expectations without an opportunity of inspecting and testing the goods.
In any case where the goods fail to meet your expectations we invite you to return them to us with an explanation of the problem.
In any case where we agree that the problem has arisen because of a defect in the goods at the point of delivery to you:
we will refund the cost of the goods to you if returned within 14 days of the date of delivery; in any other case we will replace the goods or provide you with a credit for the cost of the goods.
In every case where you return goods upon the basis that there was a defect in the goods at the point of delivery to you we will inspect and test the goods.
Insofar as it may be established that there was no defect in the goods at the point of delivery to you, we reserve the right to charge you £10 as a contribution towards the cost of inspecting and testing the goods.
In any case where it is established that there was no defect in the goods at the point of delivery to you
- we will nonetheless try to assist you in resolving the problem
- depending upon the age and condition of the goods, we may be prepared to accept the return of the goods subject to a restocking charge and refund or credit the balance of the costs of the goods.
- insofar as the age or condition of the goods is such that we are unable to accept their return, we will redeliver the goods to you. You agree to pay to us the reasonable cost of re-delivering the goods to you.
a) Conditions applicable
- These conditions shall apply to all contracts for the sale of goods by us to you to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order confirmation of order or similar document.
- All orders for goods shall be deemed to be an offer by you to purchase goods pursuant to these conditions:
- Acceptance of delivery of the goods shall be deemed conclusive evidence of your acceptance of these conditions.
- Any variation to these Conditions (including any special terms and conditions agreed between you and us) shall be inapplicable unless agreed in writing by us.
- These terms represent the entire agreement between you and us.
b) Price and payment
- The price (unless otherwise expressly stated) shall be inclusive of value added tax which shall be due at the rate ruling on the date of our invoice.
- Where the price is expressed to be exclusive of value added tax we have the right to adjust the price at any time before delivery to take account of any increase in value added tax.
- Payment of the price and value added tax shall be due within 30 days of the date of the date of the invoice. Time for payment shall be of the essence.
- Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 5% above HSBC Bank plc's base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.
- If you fail to make any payment on the due date then without prejudice to any of our other rights we may:
- suspend or cancel deliveries of any articles due to you; and/or
- appropriate any payment made by you to such of the goods (or goods supplied under any other contract with you) as we may in our sole discretion think fit.
c) No set off
You may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim which you may have or allege to have or for any other reason whatsoever.
d) Delivery and non-delivery of goods
- The goods shall be delivered to you at your address. The risk in the goods shall pass to you upon such delivery taking place.
- We shall arrange for carriage of the goods to your address. The costs of carriage and any insurance which you reasonably direct us to incur shall be reimbursed by you without any set-off or other withholding whatever and shall be due on the date for payment of the price. The carrier shall be deemed to be your agent.
- We shall not be liable for any loss or damage whatever due to failure by us to deliver the goods or any of them promptly or at all.
- Not withstanding that we may have delayed or failed to deliver the goods or any of them promptly you shall be bound to accept delivery and to pay for the goods in full provided that delivery shall be tendered at any time within 3 months of the agreement.
e) Retention of title by us
- The goods shall be at your risk as from delivery.
- In spite of delivery having been made property in the goods shall not pass to you until:
- you have paid the price plus value added tax in full; and
- no other sums whatever shall be due from you to us.
- Until property in the goods passes to you the goods and each of them shall be held by you on a fiduciary basis as bailee for us.
- You shall store the goods (at no cost to us) separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
- Not withstanding that the goods (or any of them) remain our property you may sell or use the goods in the ordinary course of your business at full market value for our account. Any such sale or dealing shall be a sale or use of our property by you on you own behalf and you shall deal as principal when making such sales or dealings.
- Until property in the goods passes from us the entire proceeds of sale or otherwise of the goods shall be held in trust for us and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as our money.
- We shall be entitled to recover the price (plus value added tax) notwithstanding that property in any of the goods has not passed from us.
- Until such time as property in the goods passes from us you shall upon request deliver up to us such of the goods as have not ceased to be in existence or resold. If you fail to do so we may enter upon any premises owned occupied or controlled by you where the goods are situated and repossess the goods. You authorise us to repossess the goods from any other premises where the goods may be situated from time to time provided always that we have the consent of the person who owns, occupies or controls such premises to enter thereon. On the making of a request by us to you to deliver up such goods your rights to sell, use or otherwise deal with the goods shall cease.
- You shall not pledge or in any way charge by way of security for any indebtedness any of the goods which are our property. Without prejudice to our other rights, if you do so all sums whatever owing by you to us shall forthwith become due and payable.
- You shall insure and keep insured the goods to the full price against all risks to our reasonable satisfaction until the date that property in the goods passes from us, and shall whenever requested by us produce a copy of the policy of insurance. Without prejudice to our other rights, if you fail to do so all sums whatever owing by you to us shall forthwith become due and payable.
- You shall promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the Companies Act 1985 Part XII as amended. Without prejudice to our other rights, if you fail to do so all sums whatever owing by you to us shall forthwith become due and payable.
f) Acceptance of the goods
- You shall be deemed to have accepted the goods 3 days after delivery to your carrier.
- After acceptance you shall not be entitled to reject goods which are not in accordance with the contract.
g) Rejection of the goods
- If you properly reject any of the goods which are not in accordance with the contract you shall nonetheless pay the full price for such goods unless you return such goods to us at your cost before the date when payment of the price is due.
h) Return of goods which are in accordance with the contract
- No goods delivered to you which are in accordance with the agreement will be accepted for return by us without our prior written approval (in accordance with our returns authorisation procedure) and on terms to be determined at our absolute discretion.
- If we agree to accept any such goods for return you shall be liable to pay a handling charge of 10% of the invoice price. Such goods must be returned by you to us carriage-paid and in the original packaging.
- Goods which are in accordance with the agreement and are returned without our prior written approval may at our absolute discretion be returned to you or stored at your cost without prejudice to any other rights or remedies we may have.
i) Variations in description or specification
- We may deliver goods of a different description or specification from that agreed and as may be required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the goods.
j) Limitations upon our liability to you
- Our liability to you for any breach of contract or negligence (save and except our liability for negligence for death or personal injury) shall be limited to the price of the goods together with any expenses incurred by you in notifying us and returning the goods to us.
- We shall not be liable for any consequential loss including without limitation any loss caused by interruption of your business, loss of electronic information or physical damage to property and whether directly or indirectly caused by any breach of contract or by negligence by us or by any servant or agent of ours.
- We recommend that as a matter of good business practice you maintain insurance and that you maintain a back up system and that you back up your electronic information.
a) Conditions applicable
- These conditions shall apply to the use of the games and experiences at our premises or if we are hosting an event at an external location on your behalf
- Our virtual reality experiences have been made as accessible as is practically possible for all that wish to enjoy them. However, there are some customers for whom our experiences would be un-safe or not practical. We ask that before booking an experience (whether at our premises, or at a location of your choice), you read the following information to ensure you will be able to enjoy your time with us:
- Whilst we take every effort to ensure that you and any of your party are safe whilst using our equipment, we shall not be liable for any injury sustained, physical or otherwise, by using the equipment or the games and experiences
- We reserve the right to refuse you the right to play the games and experiences if we believe you or any member of your party is intoxicated or under the influence of any substance which may cause a risk to you, any member of your party, us or our equipment. If we refuse to allow you use our equipment and experience, you will not be entitled to a refund
- The recommended minimum age to be able to use our equipment and experiences is thirteen (13) years of age. Younger than this age may prohibit the wearing of the virtual reality visor due to a poor fit. There are also as yet unknown eye health and vision risks for persons under this age whilst using the equipment due to the closeness of the lenses in the visor to the eyes. It is your sole responsibility to ensure that anyone using the equipment meets our minimum age requirements
- Some of the virtual reality games and experiences require you and anyone using them to be able to stand up and move around freely. When booking, please advise us of any special requirements needed (for example, wheelchair access)
- We recommend that you wear flat comfortable shoes with a rubber sole. We shall not be liable to any injury sustained as a result of wearing inappropriate footwear
- We recommend that you wear clothing that does not impede your ability to move without causing you a trip hazard. We shall not be liable to any injury sustained as a result of wearing inappropriate clothing
- Some of the games and experiences contain elements of peril. If you suffer from a heart or blood pressure problem, or any other health condition where a raised pulse or adrenaline rush could be detrimental, you should seek medical advice from your doctor before booking
- If you are sensitive to motion sickness or vertigo, the games and experiences may not be suitable.
- You will be wearing a fully enclosed visor to play the games and experiences. If you suffer from claustrophobia or any form of fear of being in an enclosed space, the games and experiences may not be suitable for you
- If during the course of the experience you feel unwell from the effects of the experience, we can stop the experience. However, if you are unable to continue, we will be unable to refund the cost of the experience. However, any member of your party that is with you will be able to use the remaining time allocated if they so wish
- If you are booking us to attend a location of your choice, you must:
- Pay us a deposit of £150. This deposit will be refunded within three working days after the completion of the event
- If you will not be in attendance at the event, you must ensure there is an adult aged 18 or over who will be responsible for your guests, and you must provide us in advance with contact details of this person
- Provide us with clear and concise directions to the location
- Ensure that the location has adequate space for the equipment and operating of the experience. In order to operate the experience we need:
- adequate, non interruptible AC power supply of 220-240 voltsa minimum of 4 UK power supply outletsa clear, unobstructed operating space no smaller than six (6) feet by six (6) feetability to section off an area of no greater than fifteen (15) by fifteen (15) feet without risk of our equipment being damaged
- Ensure all persons who may be using the equipment are aware of the limitations and requirements as listed above
- You may optionally supply us with a display device (for example a television, computer monitor or projector) to allow other members of your party to view content generated in real-time by the games and experiences. It must have a HDMI input available. We are not responsible for any damage caused to the device by our equipment, by you, by a member of your party or by any other third party. You are responsible for the transportation of the device to and from the location of your event, including any costs in doing so
- If you will not be supplying a display device, you must advise us so as we may make provision to bring a computer monitor to enable us to set up and run the experience
- If the location of the event is not in your own home, you are responsible for the hire and payment in advance of the venue. You are also responsible for any insurance or indemnity costs required by the venue owner
b) Cancellation or amendment by You policy
- If you need to cancel your appointment with us, you must provide us with adequate notice as set out below:
- If attending your experience at our premises, you must give us no less than twenty-four (24) hours notice of cancellation. We will at our discretion offer to reschedule the experience at a later date subject to availability which is mutually agreeable with both parties. We reserve the right to offer one rescheduling of the appointment per reservation, after which you will be subject to an additional booking charge. If you cancel with less than twenty-four (24) hours notice, you will not be entitled to a refund
- If we are attending a location requested by you, you must give us no less than seventy-two (72) hours notice of cancellation. We will at our discretion offer to reschedule the experience at a later date subject to availability which is mutually agreeable with both parties. You will be responsible for any costs incurred by the venue if the experience is not being hosted at your home. You will be responsible for any additional costs of accommodation and equipment hire which is deemed necessary to allow us to host the event at this rescheduled date. We reserve the right to offer one rescheduling of the appointment per reservation, after which you will be subject to an additional booking charge. If you cancel with less than seventy-two (72) hours notice, you will not be entitled to a refund
- If you need to amend either the start time, end time or both (i.e. the duration of the event), you must give us seventy-two (72) hours notice. If you shorten the duration of the event, you will not be entitled to a refund of the amount you have already paid. If you increase the duration of the event, and this is agreed by both parties, you will be liable to pay the additional costs that were stated prior to the event commencing
c) Cancellation by Us policy
- If we need to cancel your appointment at our premises due to (but not limited to) sickness of staff, equipment faults, or unavailability of our premises we will:
- Advise you as soon as we are aware that your appointment is unable to take place
- Reschedule your appointment to a date and time that is mutually agreeable to both parties, or offer you a full refund to the card used to book the appointment
- If we need to cancel your booking at the location you have chosen to host an event due to (but not limited to) sickness of staff, equipment faults, or unavailability of the premises beyond our reasonable control, we will:
- Advise you as soon as we are aware that your appointment is unable to take place
- Reschedule your appointment to a date and time that is mutually agreeable to both parties, or, offer you a full refund to the card used to book the appointment
- In the event of us needing to cancel your appointment, we will not be liable for any costs incurred by you or members of your party who are attending the appointment, including (but not limited to) accommodation costs or cost of travel
d) Damage to our equipment
- By booking an experience with us, you agree that any damage sustained to our equipment by your or any member of your party may result in us charging you for replacement of the equipment damaged. This applies to damage sustained at our premises or at a location where you have requested us to host an event for you
- In the event that equipment is damaged by you or any member of your party which results in the experience being unable to continue, you agree that the you will not be entitled to a refund, or part thereof, for the remaining time of the experience
a) Competition Terms
- These General Competition Terms and Conditions (“Terms”) shall apply to all Competitions, prize draws and other prize-winning Competitions and/or activities (“Competition(s)”) operated by Us, or the promoter named in the Competition Rules, via any website or social network account page owned or controlled (directly or indirectly) by Us from time to time.
- In addition, each Competition will have its own specific set of rules governing the operation of that Competition (including, without limitation, the entry and eligibility requirements to a Competition, residential requirements (if any), age restrictions, the duration of the Competition and prizes on offer) (“Competition Rules”). The Competition Rules will be set out separately at the time of the Competition and will be posted on the website (“the Competition Website”) from which that Competition will be operated by Us.
- These Terms and any Competition Rules will be binding upon you when entering any Competition. If there is any inconsistency between these Terms and any Competition Rules, then the Competition Rules will take precedence but only to the extent of that inconsistency. Entry and participation in any Competition shall be deemed an unconditional acceptance by you of these Terms and the applicable Competition Rules. All entry instructions and any other specific details and/or information relating to the Competition or the prizes shall be deemed to form part of these Terms.
- You agree to co-operate with and comply with all reasonable requests by Us and our agents and employees in connection with your entry and participation in any Competition.
b) Entry to Competitions
- Specific terms relating to the entry to a Competition will be set out in each Competition Rules including, without limitation, any age and/or residency requirements and/or any other restrictions.
- Prize draw Competitions are free to enter and, unless otherwise stated in the Competition Rules, no purchase of any kind is necessary.
- You must enter a Competition in the manner and by the closing date and time specified in the Competition Rules. Failure to do so will disqualify your entry.
- We do not accept responsibility for any entries which are lost, damaged or delayed as a result of any postal failure, network, computer hardware or software failure of any kind. Proof of sending will not be accepted as proof of receipt. No applications from agents, third parties, organized groups or applications automatically generated by computer will be accepted.
- For Competitions that require you to submit images, videos or other content, the following additional terms apply:
- You confirm that your entry is all your own original work and that any materials or information used by you in creating your entry do not and will not infringe the intellectual property, moral or other rights of any third party.
- You confirm that you have not entered into any agreements with third parties that could impair Our rights to use your entry.
- You must ensure that any person(s) whose image has been used in your entry has given their consent for the use of their image and has waived any rights they may have in the images, videos or other media submitted. If such persons are under the age of 18, you must obtain parental consent.
- If you cannot produce evidence of the consents referred to above, you may be disqualified from the Competition and/or lose any prize.
- Your entry must not contain any of the following (any entry that contains such material will be disqualified):
- (a) pornography, nudity, or sexually explicit imagery
- abusive, offensive or hateful imagery or language
- harassing or defamatory content
- content that compromises the privacy or safety of yourself or others
- content that demeans a particular gender, sexual orientation, disability, religion, ethnicity or nationality
- violent or dangerous behaviour, and/or
- spam, advertising or other commercial activities, or any other type of content that is indecent, immoral, discriminatory, offensive, or portrays or encourages illegal activities.
- Incomplete or indecipherable entries will be void (at Our absolute discretion).
- We reserve the right to refuse qualification of any entry to any Competition, withdraw your entry to and/or participation in any Competition or the prize if it believes you to be in breach of any of your obligations, or representations and warranties of these Terms and/or the Competition Rules or you otherwise conduct yourself in a manner which is inappropriate or unsuitable (at Our discretion). We further reserve the right to withhold prizes from any such person in such circumstances and to reclaim any prize in the event of a breach or alleged breach of these Terms and/or the Competition Rules.
- We may require proof of age or consent of your parent or guardian and proof of identity, which may include a copy of your passport or other recognised form of identification. If this is requested and not supplied your Competition entry may be rejected and/or any prize awarded to you withdrawn.
- We shall not be responsible or liable for any tax, levies and duties applicable in any country and it is a condition of entry that you shall be responsible for your own tax liabilities in respect of entry and any prize you may win.
- The decision of Our judges is final and conclusive in all circumstances and no correspondence will be entered into.
- We shall be entitled, at our absolute discretion, and subject to the terms of the Competition Rules to cancel a Competition with immediate effect by stating the same on the relevant website without any liability in respect thereof.
- The decision of the judges is final and no correspondence or discussion will be entered into. We reserve the right to withhold prizes in the event that it receives an insufficient number of entries or entries of insufficient quality. If you win a prize, you will be contacted on the phone number or e-mail address you provided when entering the promotion. We will not amend your contact information once you have submitted your entry. Reasonable efforts will be made to contact you.
- If you win a prize, you will have a fixed time period in which to claim it, as specified by Us. Failure to claim your prize by the time or in the manner specified for the particular promotion will make your claim invalid and We reserve the right to offer the prize to the next eligible entrants selected in accordance with the Competition Rules. Where the prize is time critical and a winner needs to be found before the time to take up the prize passes, the Competition Rules may state the date on which the winner will be contacted and We will contact such winner on the phone number (or other method of contact (if appropriate)) they provided. If the winner cannot be contacted or successful contact is not made on the specified date, We reserve the right to offer the prize to the next eligible entrants selected in accordance with the Competition Rules.
- Prizes are not transferable, may not be re-sold and are subject to availability. We reserve the right to substitute any prize with a prize of equal or greater value. Unless otherwise stated in the Competition Rules, no cash alternatives will be offered.
- Prizes are as described in the Competition Rules and, unless specifically stated to the contrary, will not include tax, insurance, transfers, spending money and other expenses (including meals or personal expenses, upgrades etc.) as the case may be, all of which will be the sole responsibility of the prize winner.
- We do not accept any liability for claims or prizes which are lost, delayed or damaged in the post or otherwise not validly received by you.
- If We become aware of any fraud, deceit or similar action during or in relation to the Competition which relates in any way to a claim, then that claim will not be met unless it is proven to the satisfaction of Us, that you had no actual or imputed knowledge of such fraud or deceit or similar action. For the avoidance of doubt (and without limitation), if you provide an incorrect name, age, address or other incorrect information in relation to the entry, then We reserve the absolute right to treat that entry as invalid (whether or not such information comes to light before or after you have made the claim). If the fraud, deceit or other action is only discovered after the prize has been released, you undertake to return the same (or provide compensation) to Us forthwith upon discovery by Us.
- Winners must as a condition of the prize participate in all required publicity.
- You agree to undertake as requested by Us all interviews, Competitions and other activities and to the reproduction publication exhibition transmission and broadcast by all means and media throughout the world at the discretion of Us in perpetuity.
- We shall be entitled to refer to you and your association with the Competition and the prize in all publicity, marketing and Competition material in connection therewith.
- You shall retain full ownership in the information and/or materials you provide to Us in entering the Competition (the “Materials”). You hereby licence to us, by way of a non-exclusive, worldwide, royalty free, perpetual and irrevocable licence, the right to use (and grant our affiliates and associated companies the right to use) such Materials without restriction in any and all media. This licence shall include the right for Us to amend or otherwise adapt such Materials and/or use such Materials for all purposes and/or in conjunction with any other material and to use, distribute and/or broadcast such products in all media and all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephony) and to licence any other persons to do so, in each case for such purposes as We may at our absolute discretion determine without requiring further permission from, and/or payment of any monies to, you.
- You hereby agree to waive any so called moral rights and any right to equitable remuneration for the purposes of any rental or lending rights that may be deemed to be in existence in relation to the Competition entry, so that We may use the entries in any way it deems fit.
- You undertake not at any time to disclose, reveal, communicate or otherwise make public any confidential information relating to Us, its business, personnel, servants, agents or officers to anyone.
g) Your obligations
In entering any Competition you hereby confirm:
- that you have read and agreed to these Terms and the applicable Competition Rules and understand them or have had them explained by a parent or guardian who does so;
- that your Competition entry and/or Materials may be used for any and all purposes related to Us;
- that your name and likeness and/or Materials may be advertised and used in connection with your Competition entry and /or the Competition for which you have entered;
- that the Competition entry and/or Materials may be modified and adapted for such purposes as We require;
- that you are entitled to enter into these terms and/or the Competition Rules and you are not under any contractual or other obligations preventing you from doing so and that you are not a minor;
- that you have received all necessary permissions and consent required for you to make the Competition entry and/or Materials and the use of it by Us, as described in these terms and conditions;
- that no third party owns any copyright or other rights in your Competition entry and/or Materials and has no right or interest in it;
- to sign all documents necessary for to allow Us to make full use of the Materials and/or your Competition further to these Terms and/or any Competition Rules;
- that the Competition entry and/or Materials contains nothing which is unlawful or legally restricted;
- that the use of the Competition entry and/or Materials by Us in connection with this competition will not give rise to any liability to Us.
h) Limitation of liability
- We are not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the Competition or prizes other than those costs and expenses specifically provided for in the prize (if any). This exclusion does not include any liability for negligence by US or death or personal injury arising out of such negligence.
- We accept no liability (and excludes all liability) for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any nature howsoever arising.
- We shall not be liable to perform any of its obligations under the Competition or in respect of the prizes where it is unable to do so as a result of circumstances beyond its control and shall not be liable to compensate you in such circumstances.
- All conditions, warranties and representations expressed or implied by law or otherwise in relation to the prize and/or the promotion are excluded to the fullest extent permitted by law.
- To the fullest extent permissible by applicable national laws, We shall not be liable for any loss, damage or injury which you suffer as a direct or indirect result of the prize and/or the promotion. However, We make no attempt to exclude or limit its liability for death or personal injury caused as a result of its negligence.
- You undertake the Competition at your own risk and agree to indemnify Us and its employees, subsidiaries, group companies, associates and affiliates against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) and any claim arising from your own actions in any way in connection with the Competition, the prize or a breach of your obligations under these Terms and/or any Competition Rules.
- There is no fee payable to you in respect of your involvement in the Competition.
- You are obliged to take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Competition and acknowledge that all activities are undertaken at your own risk.
- In the case of on-line Competitions you acknowledge that the internet is not a secure medium and information submitted to Competitions hosted on websites owned or controlled by Us may be accessed by third parties. We accept no liability in such cases.
- These Terms represent the entire agreement between the parties relating to the Competition or the Prize (unless otherwise expressly confirmed in writing by Us) and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. For the avoidance of doubt, no information of any nature about the Competition or the Prize or any of these Terms should be relied upon unless confirmed in writing by Us. The invalidity, illegality, or unenforceability of the whole or part of a Term or Condition does not affect or impair the continuation in force of the remainder of the Terms.
- The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies.
- These Terms are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly no person shall derive any benefit or have any right, entitlement or claim in relation to this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.
- Although Our websites are accessible worldwide, not all services discussed or referenced in a specific website owned or operated by Us may be available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate or win prizes, if applicable, in the Competitions, prize draws or other competitions and/or promotions made available through a specific website owned or operated by Us. We reserve the right to limit the availability of a Competition and/or a website through which such Competition is operated and/or the provision of any service to any person, geographic area or jurisdiction We so desire, at any time and in Our sole discretion.
Choice of law and jurisdiction
- This contract is subject to the law of England and Wales.
- All disputes arising out of this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
- If any part of these terms and conditions shall be found to be unlawful, it shall not affect the validity or enforceability of the remainder of the conditions.