Kids Mystery Parties (referred to as “we” “our” and “us” in these terms) suggest that the customer (referred to as “you” and “your” in these terms) of trading should spend sometime in reading through these terms or trading. This is because these conditions shall apply to any contract between the parties. We want you to feel confident in accepting the Games we offer. If you have any questions or queries relating to any of these terms, please feel free to contact us before you enter into the contract.
1. Formation of contract
1.1 We sell you a licence to use our mystery games (“the Games” or “the Game”). The Games are provided in the form of electronic files. When we have received you order and payment, we will email the game to you, and in some cases (where an extra fee is paid) printed and mailed to you. When you take up this offer, the terms outlined in this document will govern our relationship with you.
2. Payment terms
2.1 The price of the licence to use the Games you order is to be paid for in advance.
3. Intellectual property rights and licence to use the Games
3.1 When we have received you payment, we will grant you a licence to use, for unlimited uses, a single Game, or Games if you have paid for more than one Game. This licence is personal to you and permits you to use the Games PROVIDED THAT you do not charge any consideration to any person to participate in the Games or to act as a spectator when the Games are being played. Should you wish to run a game commercially you must purchase a commercial version of the game. Please contact firstname.lastname@example.org.
3.2 If you wish to use the Games to raise money for charity, you may do so PROVIDED THAT you clearly state on the advertising copy prior to the playing of the Games and during the Games our company name, web site address and the fact that the Games belong to us.
3.3 We assert our moral rights in respect of all copyright material produced by us and also the moral rights of any supplier to us of any such copyright material. You confirm that you will not alter, reuse of otherwise exploit or jeopardize the artistic integrity of the material contained in any of the Games.
4. Your responsibilities
4.1 You undertake to observe the terms of any licence in relation to any Games provided by us and to indemnify us against all costs, claims and liabilities arising from any breach of this clause.
4.2 You agree not to charge consideration to people who participate in playing the Games or for spectators to watch the Games unless you buy a commercial version of the game.
4.3 You agree not to sell the game/s, in any original or changed form, to a third party for their private or commercial use.
4.4 We sell Games. The Games we sell are meant to be for entertainment and are not to be taken seriously. IN PARTICULAR, the Games sometimes provide for the pretend violent death of various characters by such means as the use of poison, stabbing with the use of a dagger and other such brutal methods of terminating life prematurely. We do not suggest or condone the use of real implements when the Games are played. You agree, therefore, that should you purchase our Games, that you will take sole responsibility for the proper conduct of the Games.
5.1 We reserve the right to modify, suspend or discontinue any or all of out services at our sole discretion and without notice. We also reserve the right to give advanced notice of any changes to these terms and conditions at any time, whether by notice of our web site or by contacting you directly.
6. Unforeseen circumstances
6.1 There may at times where events beyond our control prevent us from contacting you immediately either to answer queries or email delivery of the games. If this is the case we ask you to contact us at KimHambridge@kidsmysteryparties.co.uk or email@example.com or view the www.kidsmysteryparties.co.uk web site where we will endeavour to post an out of office response to inform you of the situation where necessary.
7. Limitations of liability
7.1 If we breach the terms of the contract, or you seek compensation and damages for any claim or claims arising out of any contract between the parties for whatever reason, your remedy will be limited to damages. Our liability to you will not exceed the amount you paid us for the Game/Games.
8. Exclusion of liability
8.1 With the exception of clause 7, we shall not be liable to you, in respect of injury or death of any person (for which no limit applies) regardless of the form of action, whether in contract, tort (including negligence and breach of statutory duty), strict liability, or otherwise whatsoever for,
8.2 any delay in supplying or for failing to supply and Games, or
8.3 any loss of profit, business, contracts or revenues, or
8.4 failure to achieve increased profit, business, contracts, revenues or market penetration, or
8.5 failure to achieve anticipated savings in costs or expenses, or
8.6 any special, indirect or consequential damage of any nature whatsoever arising directly or indirectly out of the Games we sell, or of any error or defect caused by us, UNLESS you inform us in writing before you enter a contract with us, of any particular circumstances covered in sub clauses 8.1, 8.2, 8.3, 8.4 and 8.5.
9. Reasonableness of the limitation and exclusion clauses
9.1 If you enter a contract with us, you agree that the limitation of liability clause, clause 7 and the exclusion of liability clause, Clause 8, are reasonable, and that the price agreed reflects the position on liability.
10. Rights of third parties
10.1 In accordance with s 1(2)(a) of the Contract (Rights of Third Parties) Act 1999, the parties intend that no term of this contract may be enforced by a third party.
11.1 The parties agree that in the event of one or more clauses or sub-clause of this contract being subsequently declared invalid or unenforceable by a court or other authority with jurisdiction, the invalidity or unenforceability of any clause or sub-clause shall not in any way affect the validity or enforceability of any other clause or sub-clause except those which compromise an integral part of it or are otherwise clearly inseparable.
12. Applicable law
12.1 The contract between the parties is to be governed by the construed according to English law and the parties agree to submit and disputes to the exclusive jurisdiction of the English courts.
ALL OUR GAMES COME WITH A CAST-IRON GUARANTEE, NO-QUIBBLE
GUARANTEE. IF YOU ARE UNABLE TO OPEN ANY DOCUMENTS OR PRINT ANY DOCUMENTS OR THE PARTY/GAME IS UNSUITABLE FOR YOUR NEEDS YOU WILL BE OFFERED A FULL REFUND
(Refund within 14 days of purchase).