SPEEDQUIZZING LIMITED - TERMS AND CONDITIONS
SECTION A: USE OF OUR SITE
SECTION B: ADDITIONAL TERMS THAT ONLY APPLY TO PURCHASE OF GOODS FROM
SECTION C: GENERAL
make use of either of our website www.speedquizzing.com whether as a guest or
as a registered member and on which we supply the goods, if applicable, (Goods)
to you. Please read these terms and conditions carefully and make sure that you
understand them, before you start to use the site and/or ordering any Goods
from our site. If you do not accept to these terms and conditions, please
refrain from using our site. Please be aware that by ordering our Goods, you
agree to be bound by these terms and conditions.
We recommend that you print a copy of these terms and conditions for
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
We operate the
website www.speedquizzing.com. We are Speedquizzing
Limited, a company registered in England and Wales under company number
07845468 with our main trading address 106 Heworth
Green, York YO31 7TQ
2.1 The definitions and rules of
interpretation in this clause apply in these terms and conditions (Conditions).
Activation (SpeedQuizzing Pro): means the
encoded file that activates the SpeedQuizzing Software for specified
24-hour-periods to allow up to 64 compatible mobile handsets to communicate
with the SpeedQuizzing Software.
Activation (SpeedQuizzing Live): activates the
SpeedQuizzing Live Software for specified 24-hour-periods removing the 4 team limit to allow 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 60 general knowledge & Trivia
Member: means those
persons that register as a member on our site.
SpeedQuizzing Credits: means speedquizzing credits which can be purchased by Members on
SpeedQuizzing Software: means the
SpeedQuizzing quiz hosting desktop applications.
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.
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
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
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
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
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 exclude VAT.
7.1 The use of an Activations is
governed by additional terms and conditions [INSERT AS LINK TO ACTIVATION
7.2 Provided the Member has
sufficient SpeedQuizzing Credits in his account, Activations can be booked
within the 'your account' section of our site. The following opt-ins are
prominently displayed, before you can book an Activation:
"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
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 install
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 downloaded or installed the Activation.
8.5 If you have the right to
(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 106 Heworth Green, York YO31 0QS
(d) after we receive your notice
of cancellation we will refund the money you have paid
to us within 7 working days.
1. 8.6 These
(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
9.1 We 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
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
9.5 If you print off, copy or
use our site will cease immediately and you must, at our option, return or
destroy any copies of the materials you have made.
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.
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.
12.1 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
(c) business interruption;
(d) loss of the use of money or
(e) loss of information;
(f) loss of opportunity, goodwill
(g) loss of, damage to or corruption
(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.
13.1 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.
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.
15.1 You hereby consent to us
collecting and processing your 'personal data' (as defined in the Data
Protection Act 2018) 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.
15.2 We process information about you
and/or using our site, you consent to such processing and you warrant that all
data provided by you is accurate.
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.
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
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.
18.2 We may revise these
Conditions at any time by amending this page. You are expected to check this
page from time to time to take notice of any changes we made, as they are
be superseded by provisions or notices published elsewhere on our site.
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
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.
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.
20.1If you wish to contact us then you
should write to us via email at firstname.lastname@example.org or by post at 106 Heworth Green, York YO31 7TQ.
20.2 If 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.
20.3 Any 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.
replace all other terms and conditions previously applicable to the use of our
site and/or sale of the Goods.