SPEEDQUIZZING LIMITED - TERMS AND CONDITIONS
SECTION A: USE OF OUR SITE
SECTION B: ADDITIONAL TERMS THAT ONLY APPLY TO PURCHASE OF GOODS FROM OUR SITE
SECTION C: GENERAL
We recommend that you print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to register as a Member nor order any Goods from our site.
Please read these terms and conditions carefully as they contain binding obligations on you. Your attention is in particular drawn to the provisions of clause 8 and clause 12.
SECTION A - USE OF OUR SITE
1. Information about us
We operate the website www.speedquizzing.com. We are Speedquizzing Limited, a company registered in England and Wales under company number 07845468 and with our registered office at 3 Horizon Court, Audax Close, Clifton Moor, York, YO30 4US. Our main trading address is 3 Horizon Court, Audax Close, Clifton Moor, York, YO30 4US.
- 2.1The definitions and rules of interpretation in this clause apply in these terms and conditions (Conditions).
Activation Key: means the encoded file that activates the SpeedQuizzing Software for specified 24-hour-periods to allow up to 32 compatible mobile handsets to communicate with the SpeedQuizzing Software.
Goods: means the Activation Key and Quizpack.
Order: the order or orders which you place with us through our site for the Goods.
Order Acceptance: the confirmation by us of such acceptance of an Order sent by e-mail to you confirming that the Goods have been delivered.
Quizpack: means a set of 60 quiz questions which is comprised of 40 general knowledge & Trivia questions and 20 Music, Film & TV questions and which can be purchased by Members on our site.
Member: means those persons that register as a member on our site.
SpeedQuizzing Credits: means speedquizzing credits which can be purchased by Members on our site.
SpeedQuizzing Software: means the SpeedQuizzing quiz hosting desktop application.
3. Accessing our site
- 3.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
- 3.2 ;From time to time, we may restrict access to some parts of our site, or our entire site, to Members.
- 3.3 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
4. SpeedQuizzing Software
The use of the SpeedQuizzing Software is governed by additional terms and conditions [INSERT AS LINK TO DEMO LICENCE]. The following opt-in is prominently displayed, before you can download the SpeedQuizzing Software:
"I have read and understood and accept and agree to the terms of this Licence"
- 5.1 To purchase SpeedQuizzing Credits you must first be registered as a Member.
- 5.2 If you choose, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user name or password, at any time, if in our opinion you have failed to comply with any of the provisions of these Conditions. It is your responsibility to keep secure any information that might identify you and allow access to your Member account. We are not liable if a person is able to spend SpeedQuizzing Credits in your account as a result of you not taking appropriate care of your Member details. If you lose or accidentally reveal your login or password details, you should contact us immediately.
- 5.3 Members may cancel their membership by contacting us stating that they no longer wish to be a Member. Any such termination will result in a loss of all unused SpeedQuizzing Credits and does not relieve the Member of any continuing obligations under these Conditions.
6. SpeedQuizzing Credits
- 6.1 By placing an order for SpeedQuizzing Credits through our site, you warrant that:
- (a) you are legally capable of entering into binding contracts;
- (b) you are at least 18 years old;
- (c) all details you provide to us for the purpose of purchasing goods which may be offered by us on our site will be correct.
- 6.2 SpeedQuizzing Credits is the currency used to purchase all Goods on our site. SpeedQuizzing Credits can be purchased and managed within the 'your account' section of our site. Further information about Speedquizzing Credits is available on our site.
- 6.3 The following opt-in is prominently displayed, before you can purchase SpeedQuizzing Credits:
"I have read and understood and accept and agree to the terms and conditions"
- 6.4 SpeedQuizzing Credits do not have an expiry period but are non-transferable to any other person and are non-refundable, except in accordance with the provisions of clause 8, if applicable.
- 6.5 All payments for Speedquizzing Credits must be made through Paypal. If you do not have a Paypal account then you can pay through Paypal with a debit or credit card as a Paypal guest. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we shall not be liable for any delay or non-delivery of the Goods.
- 6.6 The price of the Speedquizzing Credits will be as quoted on our site from time to time, except in cases of obvious error. Prices include VAT.
7. Activation Keys
- 7.1 The use of an Activation Key is governed by additional terms and conditions [INSERT AS LINK TO ACTIVATION LICENCE].
- 7.2 Provided the Member has sufficient SpeedQuizzing Credits in his account, an Activation Key can be booked within the 'your account' section of our site. The following opt-ins are prominently displayed, before you can book an Activation Key:
"I have read and understood and accept and agree to the terms of the Licence"
SECTION B - ADDITIONAL TERMS THAT ONLY APPLY TO PURCHASE OF GOODS FROM OUR SITE
8. How the Contract is formed and cancellation rights
- 8.1 After placing an Order, you will receive an e-mail from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us to buy the Goods.
- 8.2 All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an Order Acceptance. The contract between us (Contract) will only be formed when we send you the Order Acceptance.
- 8.3 Unless agreed otherwise, our delivery of the Goods to you will commence at the point of sending you the Order Acceptance which will contain all instructions required for you to download the Quizpack and/or use the Activation Key.
- 8.4 If you are contracting as a consumer, you only have the right to cancel the Contract within 7 working days, starting the day after the date of receipt of the Order Acceptance but only if you have not begun to download the Quizpack and/or use the Activation Key.
- 8.5 If you have the right to cancel then:
- (a) you will need to send a notice in writing to us stating that you wish to cancel the Contract. To cancel the Contract you will need to send a letter to us. You can send the letter by post, email or facsimile or by personal delivery. Contact details for where to send the letter are set out in this clause. If you cancel the Contract orally, you will need to confirm the oral cancellation in writing and send it to us by one of the means just specified; and
- (b) you will need to send us the notice of cancellation within 7 working days, with the 7 day period starting with the day after you receive the Order Acceptance;
- (c) you can send us the notice of cancellation by e-mail to email@example.com or by post to 3 Horizon Court, Audax Close, Clifton Moor, York, YO30 4US marked for the attention of (name or job title);
- (d) after we receive your notice of cancellation we will refund the money you have paid to us within 7 working days.
- 8.6 These Conditions shall:
- (a) apply to and be incorporated into the Contract; and
- (b) prevail over any inconsistent terms or conditions contained, or referred to, in the Order, or implied by trade custom, practice or course of dealing.
SECTION C - GENERAL
9. Intellectual property rights
- 9.1We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it including the Quizpacks. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- 9.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference.
- 9.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- 9.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
10. Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
11. Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
12. Our liability
- 12.1 Nothing in these Conditions shall exclude or in any way limit our liability for fraud, or for death or personal injury caused by our negligence, or any other liability to the extent that it may not be excluded or limited as a matter of law.
- 12.2 Subject to clause 12.1, we shall not be liable under, or in connection with, these Conditions or any collateral contract for:
- (a) loss of income;
- (b) loss of business profits or contracts;
- (c) business interruption;
- (d) loss of the use of money or anticipated savings;
- (e) loss of information;
- (f) loss of opportunity, goodwill or reputation;
- (g) loss of, damage to or corruption of data;
- (h) any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise;
provided that this clause 12.2 shall not prevent claims for direct financial loss that are not excluded by any of categories (a) to (h) inclusive of this clause 12.2.
- 12.3 Subject to clauses 12.1 and 12.2, our maximum aggregate liability under or in connection with these Conditions, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to the price paid by you for the Goods plus damages limited to 50% of the price paid for the Goods for any additional costs directly, reasonably and necessarily incurred by you in obtaining alternative products and/or services.
- 12.4 Subject to clauses 12.1, 12.2 and 12.3, our liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in the UK.
- 12.5 We make no warranty that our site will meet your requirements or will be error-free, uninterrupted and timely, that defects will be corrected or that our site is free of viruses or bugs. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through our site.
- 12.6 To the fullest extent permitted under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Goods. This does not affect your legal rights as a customer, or your rights under clause 8 above.
13. Copyright and links
- 13.1 The contents of our site are protected by international copyright laws and other intellectual property rights. We, our affiliates or other third party licensors are the owner of these rights. All product and company names and logos mentioned in our site are the trademarks, service marks or trading names of their respective owners with whom we have appropriate signed contracts. You may download material from our site for the sole purpose of placing an Order. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so by us.
- 13.2 We make no representations whatsoever about any other websites which you may access through our site or which may link to our site. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource.
14. Applicability of online materials
All information on the Goods is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such information. We reserve the right to change information, pricing and descriptions of Goods at any time and without notice.
15. Data Protection
- 15.1 You hereby consent to us collecting and processing your 'personal data' (as defined in the Data Protection Act 1998) and if required for the performance of delivering the Goods to transfer your personal data to countries outside of the European Economic Area (EEA) which may have laws which give less protection to an individual's personal data than the laws of the UK.
16. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.
17. Viruses, hacking and other offences
- 17.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
- 17.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
- 17.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
- 18.1 We may, but you may not, assign any rights and/or transfer, sub-contract or delegate our obligations under these Conditions, and/or charge or deal in any other manner with these Conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 17.1 shall be ineffective.
- 18.3 If any provision or term of the Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be severed from the other terms of the Conditions and shall be deemed to be deleted from them.
- 18.4 Except in respect of a payment obligation, neither you nor we will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
- 18.5 Failure or delay by either party enforcing an obligation or exercising a right under these Conditions does not constitute a waiver of that obligation or right.
- 18.6 These Conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
19. Jurisdiction and applicable law
- 19.1The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these Conditions in your country of residence or any other relevant country.
- 19.2 These Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
20. Contact information
- 20.1If you wish to contact us then you should write to us via email at firstname.lastname@example.org or by post at 3 Horizon Court, Audax Close, Clifton Moor, York, YO30 4US.
- 20.2If we need to contact you then we will write to you at either the email or postal address you have provided during registration on our site.
- 20.3Any notice served by either party will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting.
These Conditions replace all other terms and conditions previously applicable to the use of our site and/or sale of the Goods.