Terms & Conditions
TERMS OF SERVICE
This website is operated by Box Mix Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Box Mix Ltd. Box Mix Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on 123-reg.co.uk. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall MooSEO Ltd T/A Box Mix, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Box Mix Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The United Kingdom.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]
SECTION 21 – Delivery Times & Dispatch Dates
We offer a range of shipping choices including Royal mail 24hr, Royal Mail 48hr, Hermes and DPD
Shipping times will vary with each option chosen royal mail 24 hour aims to have delivery completed within 1-2 working days from dispatch, 48 hour delivery aims to have delivery completed within 2-4 working days from dispatch. Herms and DPD will deliver within 3-4 working days from dispatch.
Dispatch dates vary but we aim to have all orders packed and shipped within 3-5 working days from ordering.
Please bare this in mind when ordering that the dispatch time and shipping time are two separate items and will collectively result in the expected delivery date.
For example if you choose Royal Mail 24 for shipping you would expect your delivery no later than 7 working days from ordering.
If you were to choose Royal Mail 48 shipping you would expect to receive your order within 9 working days.
Any delays with deliveries once dispatched are beyond our reasonable control.
We have a 14-day return policy, which means you have 14 days after receiving your item to request a return.
To be eligible for a return, your item must be in the same condition that you received it, unused and in its original packaging. You’ll also need your original order information such as name, address and email address.
Due to the nature of the products being sweets and confectionary, Box Mix Ltd cannot be responsible for items that lose their texture, shape or taste due to the environments they have been exposed to during delivery.
Rest assured all items leave our premises in their perfect condition and therefore returns due to these reasons will not be accepted. If you order chocolate during the summer is it likely to lose shape and possibly melt and hence it is recommended that you put this in the fridge for a few hours until the chocolate has hardened. This may affect the enjoyability and/or shape of the chocolate.
To start a return, you can contact us at [email protected] If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.
You can always contact us for any return question at [email protected]
Damages and issues
Please inspect your order upon receipt and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.
Exceptions / non-returnable items
By law certain type of items cannot be returned, like perishable goods (such as food) and custom products (such as special orders or personalised items).
However we are still happy to accept returns on items that are incorrect, defective or damaged. When you email [email protected], one of our advisors will evaluate your return information and explain what we can do for you.
Please get in touch if you have questions or concerns about your specific item.
Unfortunately, we cannot accept returns on gift cards and discontinued items.
The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.
We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.
1. Qualifying Persons
1.1 MooSEO LTD t/a Boxmix.co.uk (‘Promoter’, ‘our(s)’) operates various competitions resulting in the allocation of prizes in accordance with these terms and conditions on the website (‘Prize’ or ‘Prizes’) boxmix.co.uk (the ‘Website’) – (each and all such competitions being referred to herein respectively as the ‘Competition’ or ‘Competitions’).
1.2 Competitions are open to persons aged 16 or over who are resident in Great Britain. Employees of the Promoter or any person connected with the Promoter (through family, professional or commercial association) are restricted from participating in the Competition.
1.3 The Promoter reserves the right to close a Customer’s account at any time, if they feel the Customer is abusing the services, being abusive to other Customers or staff or they have the belief that it is not genuinely the Customer that is entering.
1.4 The Promoter reserves the right to refuse a Customer’s Entry at the Promoter’s own discretion.
1.5 These terms and conditions apply to Competitions.
2. Legal Undertaking
2.1 By entering a Competition the entrant (‘Entrant’, ‘you’, ‘your(s)’ and/or ‘Customer’) will be deemed to have legal capacity to do so, you will have read and understood and accepted these terms and conditions and you will be bound by them and by any other requirements set out in any of the Promoter’s related promotional material.
2.2 Competitions are governed by English law and all and/or any matters or disputes relating to the Competition will be dealt with and/or resolved under English Law and the Courts of England shall have exclusive jurisdiction.
2.3 In the event that you participate in a Competition online via the Website, and by accepting these terms and conditions you hereby confirm that you are not breaching any laws in your country of residence regarding the legality of entering our Competitions. The Promoter will not be held responsible for any Entrant entering any of our Competitions unlawfully. If in any doubt you should
immediately leave the Website and check with the relevant authorities in your country.
3. Competition Entry
3.1 Competitions may be entered via the Website. Multiple Competitions may be operated at the same time by the Promoter and each Competition will have a specific Prize.
3.2 Availability and pricing of Competitions is at the discretion of the Promoter and will be specified at the point of sale on the Website. There is no requirement to pay to enter any Competition, as each Competition has a free entry route available – see rule below for details of how to enter for free. The availability of a free entry route to enter each Competition means that the Competition does not fall within the definition of a lottery under the Gambling Act 2005 and can be operated legally in Great Britain without any need for a licence.
3.3 In order to enter a Competition, you will need to register an account with us. You can register an account online. To register an account online you will be asked to provide an email address or sign in via a social media account, such as Facebook, Twitter or Gmail (‘Social Media Account’)
3.4 When playing a Competition online via the Website, you must follow the on- screen instructions to: (a) select the Competition you wish to enter and when you are ready to purchase your ticket(s) to the Competition (‘Tickets’), provide your contact and payment details. You will need to check your details carefully and tick the declaration, confirming you have read and understood the Competition terms and conditions; (b) once you have purchased your Tickets, register to play the relevant Competition and when your payment has cleared we will then contact you by email to confirm your entry into the Competition. Please note that when entering online and/or by post you will not be deemed entered into the Competition until we confirm your entry which can be confirmed in your account when you login (and any such entry referred to herein as an ‘Entry’ or ‘Entries’).
3.5 The Promoter reserves the right to refuse or disqualify any incomplete Entry if it has reasonable grounds for believing that an Entrant has contravened any of these terms and conditions.
3.7 To the extent permitted by applicable law, all Entries become the Promoter’s property and will not be returned.
3.8 The Entrant can enter each Competition up to a maximum of 2 times.
3.8 (a) Each account can have unlimited amount of entries, providing they are purchased on that account on behalf of other people.
3.9 Each Competition closes when the last number is taken, no more Entries after this point will be accepted.
3.10 All Entrants (including those entering for free) must create an account prior to entering and supply an email address to proceed in the Competition.
4. Promotion Periods
4.1 Each Competition will run for a specified period. Please see each Competition for details of start and end times and dates (‘Promotion Period(s)’).
5. Competition Judgement
5.1 Boxmix.co.uk’ guaranteed 100% random algorithm will determine the winner of each Competition. However many Entrants have entered the Competition will determine how many entries are entered into the draw. The result will be live streamed on YouTube (or such other live streamed internet channel as the Promoter chooses).
5.2 Due to the nature of the selection, there will only be one Winner per Competition, unless the Promoter states otherwise.
5.3 The Promoter will attempt to contact winners of Competitions (referred to herein as ‘Winner(s)’) using the telephone numbers and email address provided at the time of Entry (or as subsequently updated) and held securely in our
database. It is the Entrant’s responsibility to ensure that these details are accurate, up to date and complete. If for any reason these details are taken down, inputted and/or submitted and/or recorded in any way by you incorrectly, the Promoter will not be held responsible for any consequences of this of whatever nature and howsoever arising. Entrants must carefully check their contact details have been recorded correctly.
5.4 If for any reason the Promoter is unable to contact a Winner within 5 working days (which may be extended at the sole discretion of the Promoter) of the end of a Competition, or the Winner fails for whatever reason or cause to confirm acceptance of the Prize and/or the Winner is disqualified as a result of not complying with or contravening any of these terms and conditions, the Winner hereby agrees that it will immediately, irrevocably and automatically forfeit the Prize and the Prize will remain in the possession and ownership of the Promoter.
5.5 In the event that the Promoter closes a Competition early, the Winner will be selected from all valid and eligible Entries received by the Promoter prior to the date of closure, except that the Promoter reserves the right, at its sole discretion, to close a Competition early without selecting a Winner. In the event that a Competition is closed without selecting a Winner, the Promoter will give all Entrants game credit to enable them to replay equivalent Tickets in a subsequent Competition.
5.6 Entrants who specifically consent to marketing communications will be entered onto the Promoter’s database for the purpose of conveying information as to the status of their Competition, as well as any future promotions or Competitions offered by the Promoter.
5.7 The Promoter also reserves the right at its sole discretion to extend the closing date of any Competition. Each Competition can have the closing time extended by the Promoter up to 4 times. If the Competition is not sold out after the 4th extension of time, then the Prize that will be awarded will be as follows:
70% of the value of paid Entries to the Competition. Only the Competition Entrants (including free Entries) will be entered into this draw.
6. Winner’s Details
6.1 The Winner will be required to show proof of identification on delivery of the Prize. Any failure to meet this requirement may result in the Winner being disqualified and the Promoter retaining the Prize.
6.2 All Winners will be asked for their consent by the Promoter to provide photographs and/or pose for photographs and videos and have their personal details (including details of any Prize won by them) included in marketing material. If a Winner consents to the above, the foregoing photographs, videos and
marketing material may be used in future marketing and public relations by the Promoter in connection with the Competition and in identifying them as a Winner of a Competition.
6.3 Following receipt and verification of the details requested above by the Promoter and provided that the Winner has satisfied these terms and conditions, the Winners will be contacted in order to make arrangements for delivery of the Prize.
7. Competition Prizes
7.1 The Prizes are determined, selected by all and/or some of the directors of the company and are owned by the Promoter from the date of the Competition going live on the Website to the date that the Winner receives the Prize. Details of each Prize can be found on the Website on the Competitions pages. Boxmix.co.uk take no responsibility for the Prize awarded after delivery has taken place. Once the Winner receives the Prize, the Promoter does not insure the Prize. No insurance comes with the Prizes and the Promoter is not responsible for the Prize once it has been handed over to the Winner.
7.2 Delivery of the Prize to the Winner’s home address in Great Britain is free. The Promoter has a right to and/or may charge the Winner delivery fees if they require the Prize to be delivered to an address outside Great Britain.
7.3 All Entrant expenses to collect the Prize are the sole responsibility of the Winner.
7.4 The Winner hereby agrees that all Prizes are subject to and are conditional on the terms and conditions of the Promoter, Prize provider, manufacturer and/or supplier and/or anyone that is involved in the provision or delivery of the Prize to the Winner.
7.5 The prize won may be subject to change without prior notice should the prize no longe be available or obtainable due to sourcing or production.
7.6 Each Prize must be accepted as awarded and is non-transferable or convertible to other substitutes and cannot be used in conjunction with any other vouchers, offers or discounts, including without limitation any vouchers or offers of the Promoter or other Prize suppliers and/or third parties.
The Promoter can store the chosen Prize free of charge for up to 30 days after notifying the Winner, at the end of which time the Prize will be delivered to the Winner. If the Prize needs to be stored by the Promoter for more than 30 days then this shall be at the entire cost of the Winner where such cost will need to be paid by the Winner to the Promoter before the Winner receives the Prize.
9. Winners’ Personal Data
9.1 Subject to the Winner’s consent, the Winner may be asked to have their photo and video taken by the Promoter for promotional purposes (Public Relations and Marketing).
9.2 When entering a Competition, the Entrant will be asked to consent to use of their name, address, and/or photograph or other likeness, as well as your appearance at publicity events without any additional compensation (save for reasonable travel expenses that are approved in writing in advance by the Promoter) and as required by the Promoter.
10. Limits of Liability
10.1 The Promoter makes or gives no representations and/or warranties and/or assurances of whatever nature and howsoever arising (and whether in writing or otherwise) as to the quality, suitability and/or fitness for any particular purpose of any of the goods or services advertised, offered and/or provided as Prizes. Except for liability for death or personal injury caused by the negligence of the Promoter and/or for any fraudulent misrepresentations and/or for any events and/or circumstances to the extent that they cannot be excluded or limited by law. The Promoter shall not be liable for any loss suffered or sustained to person or property including, but not limited to, consequential (including economic) loss by reason of any act or omission by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods by any person to the Prize Winner(s) and, where applicable, to any family/persons accompanying the Winner(s), or in connection with any of the Competitions promoted by the Promoter.
10.2 The total maximum aggregate liability of the Promoter to each Winner shall be limited to the total value of each Prize that has been won by the relevant Winner.
10.3 The total maximum aggregate liability of the Promoter to you shall (if you are not a Winner) be limited to the amount that you have paid to enter Competitions in the first 12 months of you playing any Competition.
10.4 Nothing in these terms and conditions shall prevent you making claims to the extent that you are exercising your statutory rights.
11. Electronic Communications No responsibility will be accepted by the Promoter for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes. The Promoter shall use its reasonable endeavours to award the Prize for a Competition to the correct Entrant. If due to reasons of hardware, software or other computer related failure,
or due to human error, the Prize is awarded incorrectly, the Promoter reserves the right to reclaim the Prize and award it to the correct Entrant, at its sole discretion and without admission of liability and the Entrant that has been incorrectly awarded the Prize will immediately at the Entrant’s own cost and expense return it to the Promoter and/or pay the Promoter for that Prize (at the option of the Promoter). The Promoter shall not be liable for any economic and/or other loss and/or consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due to such persons. The Promoter shall use its reasonable endeavours to ensure that the software and Website(s) used to operate its Competitions performs correctly and accurately across the latest versions of popular internet, tablet and mobile browsers. For the avoidance of doubt, only the Ticket recorded in our systems, howsoever displayed or calculated, shall be entered into the relevant Competition and the Promoter shall not be held liable for any Competition Entries that occur as a result of malfunctioning software or other event.
12. Data Protection Notice Any personal data that you supply to the Promoter or authorise the Promoter to obtain from a third party, for example, a credit card company, will be used by the Promoter to administer the Competition and fulfil Prizes where applicable. In order to process, record and use your personal data the Promoter may disclose it to (i) any credit card company whose name you give; (ii) any person to whom the Promoter proposes to transfer any of the Promoter’s rights and/or responsibilities under any agreement the Promoter may have with you; (iii) any person to whom the Promoter proposes to transfer its business or any part of it; (iv) comply with any legal or regulatory requirement of the Promoter in any country; and (v) prevent, detect or prosecute fraud and other crime. In order to process, use, record and disclose your personal data the Promoter may need to transfer such information outside the United Kingdom, in which event the Promoter is responsible for ensuring that your personal data continues to be adequately protected during the course of such transfer.
13. To enter any Competition for free, you must first create an account and then send your name, address, date of birth, e- mail address and contact telephone number on a postcard to the Promoter. Free entries must be posted to: Boxmix.co.uk, 23 Albert St, Elland, HX5 0PX and must arrive by the Competition closing date. First or second-class postage must be paid. Postal Entries are limited to one Entry to each Competition per postcard. The Entrant must specify which Competition they wish to enter. For Competitions a random number/s will be allocated to each free entry by the Promoter. All free Entries will be treated in the exact same way as a paid Entries. Where applicable, these Competition terms and conditions also apply to free Entries. All free entries are processed on Friday’s of each week.
14.1 The Promoter hereby reserves the right not give or make a Prize until it is satisfied that (a) the Winner has a validly registered Website account and/or is not in breach of these terms and conditions, (b) any and/or all amounts due or owing by you to the Promoter have been paid in full, (c) the identity of the Winner and his or her entitlement to receive the Prize has been established to the Promoter’s satisfaction (in particular, the Promoter reserves the right to request documentary proof of identity and not to give or make a Prize until satisfied appropriate proof of identity has been provided), and (d) the Promoter may require proof of age to be produced before giving or making a Prize. Prizes will not be given or made to Winners found to be under below the age of 16.
14.2 Without prejudice to rule 17.1 above, the Promoter reserves the right not to make or give a Prize if it reasonably suspects the occurrence of fraud in relation to a Competition.
14.3 The Promoter may, at its absolute and sole discretion, give or make a Prize to a person whom it is satisfied is the duly authorised representative of the Winner acting under a lawfully executed power of attorney or other equivalent authorisation.
15. Your account
15.1 You must keep your account password secure and secret at all times and take steps to prevent it being used without your permission. You must (a) memorise your password and never tell it to anyone, (b) never write your password down (including on your computer or other electronic device) or record it in a way that can be understood by someone else, (c) destroy any communications from the Promoter in relation to your password as soon as you have read them, (d) avoid using a password that is easy to guess, (e) ensure that no-one else (apart from you) uses your account while you and/or your devices are logged on to the Website (including by logging on to your devices through a mobile, Wi-Fi or shared access connection they are using), (f) log off or exit from your account when not using it, and (g) keep your password or other access information secret,
15.2 Your password and log in details are personal to you and should not be given to anyone else and/or used to provide shared access e.g. over a network. You must use a password which is unique to your account, and maintain good internet security
15.3 You must contact the Promoter immediately if you believe, suspect or know that anyone apart from you has used your account and/or given any instruction in relation to it without your permission, or if you believe, suspect or know someone else knows your password.
15.4 If you forget your password, you can reset it by following the instructions on the Website (as long as you can provide the relevant security information requested or required by the Promoter).
15.5 The Promoter shall not be responsible and/or liable for any and/or all consequences arising out of and/or relating to any and/or all breaches of this rule by you. Furthermore, the Promoter shall not in any event be responsible and/or liable for any actions and/or inactions that you may take and/or consequences that you may suffer and/or incur as a result of using and/or in connection with the Website.
16.1 We may revise our terms and conditions from time to time and will post the most current version on the Website as soon as possible after the revised terms and conditions become effective. Please check this page periodically to ensure you understand the terms and conditions that apply at that time. By continuing to access and/or use the Website after the revisions come into effect, you agree to be bound by the revised terms and conditions.
17. Unauthorised use and expiry of your debit card
17.1 If you notify your nominated bank (or building society) that your debit card has been used without your permission in relation to a Competition, and your nominated bank (or building society) asks the Promoter to return the relevant amount to your nominated bank (or building society) account, the Promoter may suspend your account and ask you to contact the Promoter. The Promoter accepts no responsibility and will have no liability for any chargebacks.
17.2 If your debit card is due to expire, the Promoter will use reasonable efforts to return the funds in your account to your debit card before midnight on the day it expires. If it is not able to do so, the Promoter will use reasonable efforts to alert you of this and you should, in these circumstances, contact the Promoter to arrange another appropriate way for the Promoter to return the funds to you.
18. Use of the Website
18.1 You hereby agree that (a) the Website, the Competitions, and/or draws are for your own personal, non-commercial use, and (b) you are only allowed to use your account and the Website, enter Competitions via your account, as set out in these terms and conditions.
18.2 You also hereby agree that you will only use your account, enter Competitions, access and/or use the Website in an appropriate and lawful manner. You will not (a) receive, access and/or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including, without limit, copyright) and/or otherwise objectionable and/or unlawful, (b) knowingly and/or recklessly transmit any content (including, without limit, viruses) through the Website and/or the Promoter’s software and IT systems which will cause, or be likely to cause, (i) detriment and/or harm, in any degree, to the Website, the Promoter’s software and IT systems owned and/or operated by the Promoter and/or others, and/or (ii) loss of and/or damage to data, (c) hack into, make excessive traffic demands on or cause any impairment of the functions of any computer system, deliver or forward chain letters, “junk mail” of any kind, surveys, contests, pyramid schemes or otherwise engage in any behaviour intended to prevent others from playing entering Competitions and/or using the Website and/or any other website, and/or which is otherwise likely to damage the reputation and/or business of the Promoter and/or of any third party, and/or (d) authorise or allow anyone to do 18.2(a) – (c).
18.3 You hereby agree to indemnify the Promoter against any and/or all costs, losses, damages and expenses which the Promoter may suffer and/or incur arising out of and/or in relation to any claim, legal proceeding and/or demand made by any third party due to and/or arising out of your unlawful, wrongful and/or negligent access and/or use of your account, the Website and/or the Promoter’s software and/or IT systems, and/or breach by you of these terms and conditions.
18.4 There is no guarantee that the Website will display correctly on all devices it can be viewed on.
18.5 The Promoter is the owner or licensee of all the copyright, trademarks and other intellectual property rights in, to and in respect of the Competitions, and the Website, and you will not acquire any rights in any of these.
18.6 Trademarks, service marks, logos, trade names, source identifiers and/or proprietary designations (“Trademarks”) of the Promoter used on and/or in connection with the Website, the Competitions are trademarks of the Promoter. Trademarks of third parties used on and/or in connection with the Website, the Competition are used for identification purposes only and may be the property of their respective owners.
18.7 You must not (a) copy, disclose, transmit and/or otherwise make available and/or remove or change any material available on the Website, (b) reverse engineer or decompile (whether in whole or in part) any software used in connection with the Website and/or the provision of the Competitions.
18.8 You hereby agree that playing Competitions (as well accessing and/or using your account) whilst located in any jurisdiction other than Great Britain is strictly prohibited.
19. Discretion The exercise by the Promoter of any discretion provided for in these terms and conditions will be final and binding.
20.1 If the Promoter fails and/or delays to enforce a provision of the terms and conditions, this failure and/or delay is not a waiver of the Promoter’s right to do so later on.
20.2 If any provision (or part of a provision) of these terms and conditions is decided by a court of competent jurisdiction to be void and/or unenforceable, that decision will only affect the particular provision (or part of the provision) and will not, in itself, make the other provisions void or unenforceable.
20.3 You may not assign or otherwise transfer (in whole or in part) your rights and/or obligations under these terms and conditions. Any breach of this rule 20.3 may result in the use of your account and/or the provision of the Competition and/or access to the Website being suspended or terminated immediately by the Promoter. The Promoter may assign or otherwise their rights and/or obligations under these terms and conditions in whole or in part to any third party at its sole and absolute discretion and without your consent. The Promoter may also assign these terms and conditions in their entirety, without your consent, to its successor in interest in connection with a merger, reorganisation, or sale of all or substantially all assets or equity. These terms and conditions shall bind and inure to the Promoter’s benefit, its successors and permitted assigns.
20.4 These terms and conditions constitute the entire agreement between you and the Promoter regarding the subject matter of these terms conditions and supersede and replace any other prior and/or contemporaneous agreements, and/or terms and conditions applicable to the subject matter of these terms and conditions.
20.5 A person who is not a party to these terms and conditions has no rights under the Contracts (Rights of Third Parties) Act 1999 (as amended or re-enacted from time to time, and any subordinate legislation made under that act) or otherwise to enforce any provision of these terms and conditions.
20.6 The Promoter will not be liable for any delay or failure to perform any obligation under these terms and conditions where the delay or failure results from any cause beyond its reasonable control, including acts of God, labour disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunication/network failures, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
20.7 The Website may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference and convenience only. We do not control such websites and are not responsible for their content and/or the privacy or other practices of such websites. It is up to you to take precautions to ensure that whatever links they select and/or software you download from such websites are free of viruses. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites, association, sponsorship and/or partnership with their operators. You must not create a text hyperlink to the Website without our prior written consent.