Terms and conditions

Introduction

 

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to Board Game Surprise's use of cookies in accordance with the terms of Board Game Surprise's privacy policy and cookies policy.

 

License to use website

 

Unless otherwise stated, Board Game Surprise and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

 

You must not:

 

·        republish material from this website (including republication on another website);

·        sell, rent or sub-license material from the website;

·        show any material from the website in public;

·        reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

·        edit or otherwise modify any material on the website; or

·        redistribute material from this website [except for content specifically and expressly made available for redistribution

 

Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].

 

Acceptable use

 

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Board Game Surprise's express written consent.

 

You must not use this website to transmit or send unsolicited commercial communications.

 

You must not use this website for any purposes related to marketing without Board Game Surprise's express written consent.

User content

 

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

 

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Board Game Surprise or a third party (in each case under any applicable law). 

 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

Board Game Surprise reserves the right to edit or remove any material submitted to this website, or stored on servers, or hosted or published upon this website.

Notwithstanding Board Game Surprise's rights under these terms and conditions in relation to user content, Board Game Surprise does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

 

No warranties

 

This website is provided “as is” without any representations or warranties, express or implied.  Board Game Surprise makes no representations or warranties in relation to this website or the information and materials provided on this website. 

 

Without prejudice to the generality of the foregoing paragraph, Board Game Surprise does not warrant that:

l  this website will be constantly available, or available at all; or

l  the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind. 

 

Limitations of liability

 

Board Game Surprise will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

l  to the extent that the website is provided free-of-charge, for any direct loss;

l  for any indirect, special or consequential loss; or

l  for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if Board Game Surprise has been expressly advised of the potential loss.

 

Exceptions

 

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Board Game Surprise's liability in respect of any:

 

l  death or personal injury caused by Board Game Surprise's negligence;

l  fraud or fraudulent misrepresentation on the part of Board Game Surprise; or

l  matter which it would be illegal or unlawful for Board Game Surprise to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

 

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

 

If you do not think they are reasonable, you must not use this website.

 

Other parties

 

You accept that, as a limited company, Board Game Surprise has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Board Game Surprise's officers or employees in respect of any losses you suffer in connection with the website.

 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Board Game Surprise's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors, as well as Board Game Surprise.

 

Unenforceable provisions

 

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

 

You hereby indemnify Board Game Surprise and undertake to keep Board Game Surprise indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Board Game Surprise to a third party in settlement of a claim or dispute on the advice of Board Game Surprise's legal advisers) incurred or suffered by Board Game Surprise arising out of any breach by you of any provision of these terms and conditions or arising out of any claim that you have breached any provision of these terms and conditions.

 

Breaches of these terms and conditions

 

Without prejudice to Board Game Surprise's other rights under these terms and conditions, if you breach these terms and conditions in any way, Board Game Surprise may take such action as Board Game Surprise deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Shipping of games to you

Games will be shipped by courier and will need to be signed for. Part of the fun is not knowing when the parcel will arrive, but we aim to ship games within a week of receiving the relevant payment and games should arrive within 2-3 working days from this time. Shipping is free and part of the service. You will receive a tracking e-mail after shipping. Whilst Board Game Surprise will of course send out a replacement if you have not received a game, it accepts no liability for any costs incurred by you (direct or supplementary) due to any delayed, lost or misrouted deliveries. 

Your right to return goods

You have the right to returns goods in the event that the items are defective or damaged and Board Game Surprise will bear the cost in this case. Please email boardgamesurprise@gmail.com in this situation. In all other cases, you may return the game at your cost so long as it is still unopened and shrink wrapped. Please email boardgamesurprise@gmail.com if you wish to do this. An alternative game will then be sent out to you, once the original is received and checked. Board Game Surprise will not accept returns for games which were undamaged but have been opened.

Your right to cancel

You have the right to cancel your subscription at any time. Simply sent an email to boardgamesurprise@gmail.com specifying you would like to cancel your subscription. If you have received a game since your last payment, then there will be no money due back to you, and no further payment required to Board Game Surprise. However, if you have made payments for which you have not yet received a game, then you can request a refund of these payments, less an admin fee of 5% which covers our fees and entries to prize draws.

Variation

Board Game Surprise may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Board Game Surprise may transfer, sub-contract or otherwise deal with Board Game Surprise rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

Severability

 

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

 

These terms and conditions constitute the entire agreement between you and Board Game Surprise in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

Law and jurisdiction

 

These terms and conditions will be governed by and construed in accordance with the law of England and Wales, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.

 

Credit

 

This document was created using a Contractology template available at http://www.contractology.com.

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© 2019 by Board Game Surprise Ltd

A registered company in England & Wales, no. 11179563