TERMS & CONDITIONS
Welcome to our website www.hiddenhoard.com (referred to as Site). This website is owned and operated by Hiddenhoard (referred as Hiddenhoard / we / our / us). As a user of this Site (referred to as you / your) you acknowledge that any use of this website including any transactions you make (use) are subject to our terms and conditions below. Please read these terms and conditions carefully before using this Site. We recommend that you print a copy for future reference. If you do not agree to be legally bound by all the following terms and conditions, please do not use this Site.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1 Definitions And Interpretation
In this Agreement the following terms shall have the following meanings:
|Account||means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;|
|Carrier||means any third party responsible for transporting purchased Goods from our Premises to customers;|
|Content||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;|
|Goods||means any products that Hiddenhoard advertises and / or makes available for sale through this Web Site;|
|Hiddenhoard||means the board game/treasure hunt ‘Hiddenhoard’|
|Service||means collectively any online facilities, tools, services or information that Hiddenhoard makes available through the Web Site either now or in the future;|
|Payment Information||means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;|
|Purchase Information||means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;|
|Premises||Means our place(s) of business located at 29, The Downs, Altrincham, WA14 2QD, UK|
|System||means any online communications infrastructure that Hiddenhoard makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;|
|User / Users||means any third party that accesses the Web Site and is not employed by Hiddenhoard and acting in the course of their employment; and|
|Web Site||means the website that you are currently using (www.hiddenhoard.com) and any sub-domains of this site (e.g. subdomain.www.hiddenhoard.com)) unless expressly excluded by their own terms and conditions.|
2 Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3 Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of business.
4 International Customers
If Goods are being ordered from outside Hiddenhoard’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. Hiddenhoard is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Hiddenhoard cannot guarantee that the packaging of your Goods will be free of signs of tampering.
5 Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Hiddenhoard, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Hiddenhoard.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Hiddenhoard.
6 Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
7 Fair Use Of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
8 Links To Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Hiddenhoard nor that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
9 Links To This Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.hiddenhoard.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Hiddenhoard. To find out more please contact us by email at firstname.lastname@example.org.
10 Use Of Communications Facilities
10.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
- You must not use obscene or vulgar language;
- You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- You must not submit Content that is intended to promote or incite violence;
- It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
- You must not impersonate other people, particularly employees and representatives of Hiddenhoard nor our affiliates; and
- You must not use our System for unauthorised mass-communication such as spam or junk mail.
10.2 You acknowledge that Hiddenhoard reserves the right to monitor any and all communications made to us or using our System.
11.1 In order to purchase Goods on this Web Site you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
- all information you submit is accurate and truthful;
- you have permission to submit Payment Information where permission may be required; and
- you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
11.2 It is recommended that you do not share your Account details, particularly your password. Hiddenhoard accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
11.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Hiddenhoard immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Hiddenhoard accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
12 Termination And Cancellation
12.1 Either Hiddenhoard or you may terminate your Account. If Hiddenhoard terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12.2 If Hiddenhoard terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
12.3 Hiddenhoard reserves the right to cancel purchases without stating reasons, for any reason prior to dispatch.
12.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
12.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
13 Goods, Pricing And Availability
13.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Hiddenhoard correspond to the actual Goods, Hiddenhoard is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
13.2 Where appropriate, you may be required to select the required size / colour / number / other features of the Goods that you are purchasing do this by email on the contact page.
13.3 Hiddenhoard does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site.
13.4 All pricing information on the Web Site is correct at the time of going online. Hiddenhoard reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
13.5 In the event that prices are changed during the period between an order being placed for Goods and Hiddenhoard processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
13.6 All prices on the Web Site include UK delivery.
13.7 Promotional codes are to be used not in conjunction with any other offer. Sale items are excluded from offers. These offers are not for resale or publication and only apply to personal orders with all orders being subject to acceptance under Hiddenhoard’s standard terms and conditions.
14.1 Hiddenhoard will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
15 Returns Policy
Hiddenhoard aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
15.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 24 hours to arrange collection and return. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
15.2 Please ensure you thoroughly check your items for any damage at the point of delivery. Once goods are accepted from the courier signed or not signed for no responsibility can be taken by Hiddenhoard for any loss or damage whatsoever. In the unusual event that your item arrives damaged, please do not accept the delivery and call us for a replacement. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
15.3 You have a statutory right to a cooling off period. This period begins once your order is complete and ends 7 days after the Goods have been delivered. Goods can only be returned for this reason if goods are still in good condition and packaging intact. You are responsible for paying shipment costs if Goods are returned for this reason.
15.4 At Hiddenhoard we offer a no quibble guarantee*. If your item from us fails to make the grade just contact us within 28 days.
If you wish to return Goods to Hiddenhoard for any of the above reasons, please contact us using the details on our contact page to make the appropriate arrangements.
15.5 Cancellation and refund of an order or closure of your account automatically cancels your rights to enter the live treasure hunt.
17.1 Hiddenhoard makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
17.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
17.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
17.4 No part of this Web Site nor of any product sold is intended to instruct you on a method to solve the live treasure hunt and does not suggest leaving your home to search or find any place shown or inferred to within the game.
17.5 All clues necessary to solve the live treasure hunt are contained within the boxed game, no other material or instruction is necessary.
18 Changes To The Service And These Terms And Conditions
Hiddenhoard reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Hiddenhoard is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19 Availability Of The Web Site
The Service is provided as is and on an as available basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Hiddenhoard accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20 Limitation Of Liability
20.1 Our liability for losses you suffer as a result of us breaching the contract is strictly limited to the purchase price of the product you purchased.
20.2 Hiddenhoard accepts no liability for death or personal injury resulting from any negligence or fraud on the part of Hiddenhoard.
20.3 Hiddenhoard accepts no liability liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
20.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
20.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings or loss of data however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
20.6 Hiddenhoard accepts no responsibility for the independent actions of the participants of the live treasure hunt. Hiddenhoard emphasises that the hunt can be solved without the need to visit any place represented within the game and denies any access rights to any place shown or inferred to within the game.
20.7 Solutions/answer to the live treasure hunt will only be accepted by email. The format for the answer is a ordnance survey reference of two letters, then a space, five numbers, a space and the final five numbers. A short description of the method used to solve the treasure hunt must accompany the grid reference. Proof of purchase or unique registration number will be required to qualify for submitting an answer.
20.8 The first treasure hunters to correctly submit the answer via e-mail will win the current value of the treasure. The value of the treasure increase with time and the amount of boxed games sold.
20.9 The winner of the prize must not in any way nor circumstance divulge the solution to a third party to do so will result in the forfeiture of the prize and the permanent banning of the participant in any future treasure hunt.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms And Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to email@example.com Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law And Jurisdiction
These terms and conditions and the relationship between you and Hiddenhoardshall be governed by and construed in accordance with the Law of England and Wales and Hiddenhoard and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
This Policy applies as between you, the User of this Web Site and Hiddenhoard the owner and provider of this Web Site. This Policy applies to our use of any and all Data collected by us in relation to your use of the Web Site and any Services or Systems therein.
|“Account”||means collectively the personal information, Payment Information and credentials used by Users to access Material and / or any communications System on the Web Site;|
|“Content”||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;|
|“Cookie”||means a small text file placed on your computer by Hiddenhoard when you visit certain parts of this Web Site. This allows us to identify recurring visitors and to analyse their browsing habits within the Web Site. Where e-commerce facilities are provided, Cookies may be used to store your shopping Basket. Further details are contained in Clause 10 and Schedule 1 of this Policy;|
|“Data”||means collectively all information that you submit to the Web Site. This includes, but is not limited to, Account details and information submitted using any of our Services or Systems;|
|“Hiddenhoard”||means Hiddenhoard, 29, The Downs, Altrincham, WA142QD, UK|
|“Service”||means collectively any online facilities, tools, services or information that Hiddenhoard makes available through the Web Site either now or in the future;|
|“System”||means any online communications infrastructure that Hiddenhoard makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;|
|“User” / “Users”||means any third party that accesses the Web Site and is not employed by Hiddenhoard and acting in the course of their employment; and|
|“Web Site”||means the website that you are currently using (www.hiddenhoard.com) unless expressly excluded by their own terms and conditions.|
2 Data Collected
Without limitation, any of the following Data may be collected:
2.2 contact information such as email addresses and telephone numbers;
2.3 demographic information such as post code, preferences and interests;
2.4 financial information such as credit / debit card numbers;
2.5 IP address (automatically collected);
2.6 web browser type and version (automatically collected);
2.7 operating system (automatically collected);
2.8 a list of URLS starting with a referring site, your activity on this Web Site, and the site you exit to (automatically collected); and
2.9 Cookie information (see clause 10 below).
3 Our Use Of Data
3.1 Any personal Data you submit will be retained by Hiddenhoard for as long as you use the Services and Systems provided on the Web Site.
3.2 Unless we are obliged or permitted by law to do so, and subject to Clause 4, your Data will not be disclosed to third parties. This includes our affiliates and / or other companies within our group.
3.3 All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998. For more details on security, see clause 9 below.
3.4 Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Web Site. Specifically, Data may be used by us for the following reasons:
- internal record keeping;
- improvement of our products / services;
- transmission by email of promotional materials that may be of interest to you;
- contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Web Site.
4 Third Party Web Sites And Services
Hiddenhoard may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services do have access to certain personal Data provided by Users of this Web Site. Any Data used by such parties is used only to the extent required by them to perform the services that Hiddenhoard requests. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by third parties must be processed within the terms of this Policy and in accordance with the Data Protection Act 1998.
5 Changes Of Business Ownership And Control
5.1 Hiddenhoard may, from time to time, expand or reduce its business and this may involve the sale of certain divisions or the transfer of control of certain divisions to other parties. Data provided by Users will, where it is relevant to any division so transferred, be transferred along with that division and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was supplied by you.
5.2 In the event that any Data submitted by Users will be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will be given the choice to have your Data deleted or withheld from the new owner or controller.
6 Controlling Access To Your Data
6.1 Wherever you are required to submit Data, you will be given options to restrict our use of that Data. This may include the following:
- use of Data for direct marketing purposes; and
- sharing Data with third parties.
7 Your Right To Withhold Information
7.1 You may access certain areas of the Web Site without providing any Data at all. However, to use all Services and Systems available on the Web Site you may be required to submit Account information or other Data.
8 Accessing Your Own Data
8.1 You may access your Account at any time to view or amend the Data. You may need to modify or update your Data if your circumstances change. Additional Data as to your marketing preferences may also be stored and you may change this at any time.
9.1 Data security is of great importance to Hiddenhoard and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected online.
10.1 Hiddenhoard may set and access Cookies on your computer. Cookies that may be placed on your computer are detailed in Schedule 1 to this Policy.
10.2 A Cookie is a small file that resides on your computer’s hard drive and often contains an anonymous unique identifier and is accessible only by the web site that placed it there, not any other sites.
10.3 You may delete Cookies, however you may loose any information that enables you to access the Web Site more quickly.
10.4 You can choose to enable or disable Cookies in your web browser. By default, your browser will accept Cookies, however this can be altered. For further details please consult the help menu in your browser. Disabling Cookies may prevent you from using the full range of Services available on the Web Site.
Changes To This Policy