1 About our Terms
1.1 These Terms explain how you may use this website (the “Site”).
1.2 References in these Terms to the Site includes the following websites: [INSERT WEBSITE] and all associated web pages.
1.3 You should read these Terms carefully before using the Site.
1.4 By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
1.5 If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
1.6 If you have any questions about the Site, please contact us by:
1.6.1 e-mail info@alicesharp (Monday to Friday 9am – 5pm), or
1.6.2 telephone 0141 557 1666 (Monday to Friday 9am – 5pm).
“Access Code” means the unique code supplied to each Active User;
“Active User” means users that have subscribed to our services;
“Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;
“Site” has the meaning given to it in clause 1.1;
“Terms” means these terms and conditions of use as updated from time to time under clause 12;
“Unwanted Submission” has the meaning given to it in clause 6.1;
“we” means Experiential Play Ltd, company registration number SC254784, and the registered office of which is at 6th Floor Gordon Chambers, 90 Mitchell Street, Glasgow G1 3NQ (and “us” or “our” shall have the same meaning); and
“you” means the person accessing or using the Site or its Content (and “your” shall have the same meaning).
3 Using the Site
3.1 The Site is for your use only.
3.2 You agree that you are solely responsible for:
3.2.1 all costs and expenses you may incur in relation to your use of the Site; and
3.2.2 keeping your Access Code and other account details confidential.
3.3 The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
3.4 You shall not, and shall procure that the Active Users shall not, introduce any software virus or other malware (including any bugs, worms, logic bombs, trojan horses or any other self propagating or other such program) that may infect or cause damage to the Site.
3.5 You shall not, and shall procure that the Active Users shall not, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Site in any form or media or by any means.
3.6 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at firstname.lastname@example.org.
3.7 We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
4 Your privacy and personal information
5 Ownership, use and intellectual property rights
5.1 The Site and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.
5.2 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
6 Submitting information to the Site
6.1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (“Unwanted Submissions”). While we value your feedback, you agree not to submit any Unwanted Submissions.
6.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
6.3 The Site may from time to time make chat rooms, message boards, news groups and/or other public forums or methods of uploading user generated content available to its users (“Platforms“). We do not control, monitor or screen the material submitted on these Platforms. You acknowledge that the information submitted on these Platforms are not our views but those of the author.
6.4 You shall not submit any material that is:
6.4.1 unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
6.4.2 facilitates illegal activity;
6.4.3 depicts sexually explicit images;
6.4.4 promotes unlawful violence;
6.4.5 is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
6.4.6 in a manner that is otherwise illegal or causes damage or injury to any person or property;
and we reserve the right, without liability or prejudice to its other rights to you, to disable the your access to any material that breaches the provisions of this clause.
6.5 You are responsible for all content uploaded to the Site.
6.6 We reserve the right to delete any information uploaded to the Site by you.
7 Accuracy of information and availability of the Site
7.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
7.2 We may suspend or terminate your access to the Site at any time as we see fit.
7.3 Content on the Site is made available for information and educational purposes only. We shall in no way be liable for any claims arising in relation to you or any Active Users use of implementation of the content made available on the Site.
7.4 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
8 Hyperlinks and third party sites
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
9 Limitation on our liability
9.1 The material displayed on our Site is provided “as is” without any guarantees, representations, conditions or warranties as to its accuracy.
9.2 Whilst we try to ensure that all information contained on the Site is correct, it is not intended to amount to authority or advice on which reliance should be placed.
9.3 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
9.3.1 losses that:
188.8.131.52 were not foreseeable to you and us when these Terms were formed; or
184.108.40.206 that were not caused by any breach on our part;
9.3.2 business losses, save as otherwise agreed with the business or organisation that you represent.
10 Events beyond our control
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
11 Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
These Terms are dated January 2019. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 12. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
13.1 We will try to resolve any disputes with you quickly and efficiently.
13.2 If you are unhappy with us please contact us as soon as possible.
13.3 If you and we cannot resolve a dispute using our complaint handling procedure, we will:
13.3.1 let you know that we cannot settle the dispute with you; and
13.3.2 give you certain information about our alternative dispute resolution provider.
13.4 If you want to take court proceedings, the courts of Scotland will have exclusive jurisdiction in relation to these Terms.
13.5 The laws of Scotland will apply to these Terms.