Below are the Terms & Conditions that relate to the sale of our Digital Treasure Hunts. Obviously, you are free to read them as you wish. But we wanted to say the bottom line is we want you to be as happy as you can be doing one of our Digital Treasure Hunts. So, if there is a problem – just let us know and we will do what we can to sort it.
PLEASE ENSURE THAY YOU HAVE INSTALLED THE PUZZLEDUCK APP ON YOUR DEVICE PRIOR TO PURCHASE TO ENSURE COMPATIBILITY.
Sale of Digital Treasure Hunts Terms & Conditions
This page tells you the terms and conditions (Terms) on which we supply our Digital Treasure Hunts (Products). Please read these Terms carefully before ordering any Products from us. You should print a copy of these terms and conditions for your future reference.
By placing an order, you agree to these Terms and that these Terms take precedence over any other terms and conditions including your own terms of business, any course of dealing or any industry practice.
1. Information about us
www.shop.puzzleduck.co.uk is a site operated by PuzzleDuck Ltd. We are registered as a company in England and Wales. Our Company Registration Number is 11469979. (“we” or “us”). Our address is Barnston House, Beacon Lane, Heswall, Wirral, CH60 0EE, UK and our email address is hello@puzzleduck.co.uk
2. Your status
By placing an order through our site, you warrant and confirm that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old; and
- You will only use a Product for your personal use and you may not sell, publish or distribute such Product.
3. How the contract is formed between you and us
3.1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order (the Acknowledgement). Please note that this does not mean that your order has been accepted. Your order is an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product is available for download (the Processing Confirmation). The contract between us (Contract) will only be formed when we send you the Processing Confirmation.
3.2. The Contract will relate only to those Products whose download we have confirmed in the Download Confirmation. We will not be obliged to supply any other Products that may have been part of your order until the download of such Products has been confirmed in a separate Download Confirmation.
3.3. You hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed. If you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
4. Availability
4.1. After you have received the Acknowledgement, the will be a short delay whilst your payment is processed. Your order will be fulfilled automatically on your receipt of the Download Confirmation but in the event that our automated systems do not work immediately, please contact hello@puzzleduck.co.uk to advise us that the Product has not been made available for download. As our systems are automated, we shall not be liable for any delay in the download of any Product.
4.2. You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorised use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability that arises from any unauthorised use of your account.
4.3. The Products may be held on third party secure servers and we have taken all reasonable steps to ensure that the online content will be available at all times but in the event that such content is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.
5. Title and Intellectual Property
5.1. You will only be entitled to use the Products when we receive full payment of all sums due in respect of the Products.
5.2. As between us and you, all Intellectual Property Rights and all other rights in any Products shall be owned by us. We license all such rights to you on a non-exclusive basis only to such extent as is necessary to enable you to make reasonable use of the Product.
5.3. We shall enforce our Intellectual Property Rights in the Products to the fullest extent possible by law and distributing (whether for payment or otherwise), publishing, selling or disclosing a product is strictly prohibited.
5.4. We reserve the right to use any images that you create as part of the Photo Challenge feature of the Product. These uses include, but are not limited to; our website, our online shop, our social media channels. Should you not wish your images to be used in this way, please email hello@puzzleduck.co.uk, quoting your name, order number and Product start date and the name of the team whose images you wish not to be used.
6. Price and payment
6.1. The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
6.2. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Download Confirmation.
6.3. Payment for all Products must be by such method of payment as is specified on our website.
7. Refunds
7.1. We do not offer refunds on our digital products, unless in exceptional circumstances.
7.2. Should you believe that there are exceptional circumstances that qualify you for a refund, please email hello@puzzleduck.co.uk, quoting your name, order number and Product start date.
7.3. We will not provide a refund for a Product that has been used, or a Product that has not been used within twenty-eight-day period.
7.4. We will not provide a refund for a Product that has been purchased but cannot be used as you do not have a compatible device to install the PuzzleDuck app on to. You are required to ensure that our app is compatible with your device prior to purchase.
8. Our liability
8.1. Our Products are provided on an “as is” basis without any representations or endorsements made and without any warranty of any kind whether express or implied, other than where you are purchasing our Products as a consumer in which case the implied warranties of fitness for purpose, merchantability and accuracy shall apply.
8.2. If, for any reason, we are liable for any damages, other than those for death or personal injury caused by our negligence (or any other matter for which we are not able to limit or exclude our liability due to applicable law), our total liability shall be limited to the amount of the Product purchased.
8.3. By purchasing a Product, you agree that in no circumstance shall we be liable for any indirect, incidental, special or consequential damages, including, but not limited to:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data, or
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable. arising out of or in any way connected with the use of a Product, under any law or on any basis whatsoever whether contractual or otherwise, except in relation to death or personal injury caused by our negligence (or any other matter for which we are not able to limit or exclude our liability due to applicable law).
8.4. You agree to ensure that anyone using the Product, has sufficient battery charge available on the mobile device to last for at least the approximate hunt duration indicated on the Product page. We will not be liable for you being unable to use the Product as a result of the mobile device being out of battery.
8.5. The Product relies on a number of third-party systems. Including, but not limited to, cellular coverage, GPS satellite coverage and the GPS chip in the mobile device. We are not liable for any inability to use the Product as a result of the failure of or temporary inaccessibility of these systems. We accept no responsibility or liability for any claim, loss, damage, or inconvenience whatsoever if you are unable to connect to your network provider in the chosen location of your Product. If you are unsure, then we suggest you check your network provider’s coverage.
9. Written communications
You agree that our communication with you will be mainly electronic and via email. We may however also provide you with information by posting notices on our site. You agree 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 statutory rights.
10. Notices
All notices given by you to us must be given to PuzzleDuck at hello@puzzleduck.co.uk. We may give notice to you at the e-mail address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
11. Transfer of rights and obligations
11.1. You may not transfer, assign or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
11.2. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12. Events outside our control
12.1. We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
12.2. We will not be liable for any elements of the Product that have changed since the Product was created. For example; locations/buildings becoming inaccessible, environmental changes etc.
12.3. All Product content is accurate at the time of writing to the best of our knowledge. Errors and omissions are excepted by you.
13. Waiver
13.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
13.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
13.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
14. Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. Entire agreement
15.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
15.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
15.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
16. Our right to vary these terms and conditions
16.1. We have the right to revise and amend these terms and conditions from time to time.
16.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Download Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products, or before the start date of the Product, whichever is sooner).
17. Law and jurisdiction
Contracts for the purchase of Products through our site 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) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.