Subscription Terms of Use | Omaze UK

SUBSCRIPTION TERMS OF USE
Effective 9 June, 2022

NOTICE REGARDING DISPUTE RESOLUTION: These Subscription Terms of Use contain a binding arbitration provision and class action waiver (see Section 11) that govern how claims will be resolved between you and Omaze UK Limited (together with our affiliates, “Omaze,” “we,” or “us”). Except for certain types of disputes described in Section 11, if applicable, or where prohibited by law, by using the Subscription Services (as defined below), you agree that disputes between you and Omaze will be resolved through binding, individual arbitration (instead of going to court before a judge and jury) and you hereby waive your right to participate in a class action lawsuit or class-⁠wide arbitration.

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Please read these Messaging Terms of Use carefully and check them regularly as they may change from time to time, per Section 3, below.

1. APPLICABILITY: These Messaging Terms of Use (these “Subscription Terms”) provide the general terms and conditions that govern your monthly subscription with Omaze for the Omaze website located at www.omaze.co.uk (the “Website”) regarding the subscription services offered to you on the Website and more fully described in Section 5, below (the “Subscription Services”). To make these Subscription Terms easier to read, your use of the Subscription Services, the Website and the Omaze applications made available through the Website (the “Software”), along with the Omaze-controlled social media pages and any content, functionality, and services offered on or through the Website, Software and social media pages, shall also be subject to and governed by the Terms of Use, which can be accessed at https://omaze.co.uk/pages/terms-of-use. If there is any inconsistency between these Subscription Terms and the Terms of Use in relation to the Subscription Services, these Subscription Terms shall prevail.

Please Note: Each of the promotional prize draws (the “Prize Draws”) offered on the Website are also governed by additional terms and conditions. Prior to participating in any Prize Draw please carefully read the Experience Rules (located on the footer of the Website) and the Official Rules.

2. Your Acceptance of These SUBSCRIPTION Terms: You accept and agree to be bound by these Subscription Terms when you register and pay for the Subscription Services. By purchasing a subscription, you agree your access to the Subscription Services will start immediately. Please see Subsection 5(F), below, for your cancellation rights. If you do not wish to be bound by these Subscription Terms, you may not register for or pay for the Subscription Services.

3. Changes to These Subscription Terms: Omaze may modify these Subscription Terms at any time, in our sole discretion. To the extent permitted by law, all changes are effective immediately when we post them and apply to all access to and use of the Subscription Services thereafter, save in respect of any changes that impact on your Subscription Services and/or Membership Fees as set out in Subsection 5(D) below. Your continued use of the Subscription Services following the posting of revised Subscription Terms means that you accept and agree to the changes. You are responsible for checking these Subscription Terms regularly to ensure that you understand the Subscription Terms that apply at the time of your access to or use of the Subscription Services.

4. Age Requirement:You must be at least 18 years old and a legal resident of the United Kingdom to use the Subscription Services.

5. SUBSCRIPTION SERVICES: The Subscription Services are offered only for your personal, non-commercial use, and not for the use or benefit of any third-party. We may, in our sole discretion, refuse to offer some of or all of the Subscription Services to any person who is receiving the Subscription Services (a “Subscriber,” “you,” or “your”), or to any potential Subscriber.

  1. Membership: To become a Subscriber, please visit the Website and select the “enter now” button on the Prize Draw’s webpage, and then choose which one of our subscriptions offers best suits your needs. Follow the instructions to enter your full, legal name, contact and payment information, and complete your payment. Your use of the Subscription Services (“Membership”) will include receiving an automatic set number of entries into each applicable Grand-Prize Prize Draw and each applicable Secondary Prize Draw available on the Website during each month of Subscriber’s active Membership. For example, if the Membership Fees (as defined in Subsection 5(B), below) are £10.00/month for 30 entries, then Subscriber will receive 30 entries into each Grand-Prize Prize Draw and 30 entries into each applicable Secondary Prize Draw available on the Website at the time of subscription, and each month of Subscriber’s active Membership thereafter. Some Membership plans may have differing conditions and limitations, which will be disclosed at Subscriber’s sign-up or in other communications made available to Subscriber. Subscriber can find specific details regarding Subscriber’s Membership by visiting the Website and accessing Subscriber’s Account (as defined in Section 6, below) by clicking on the “Log In” link available at the navigation menu at the top of the Website. Each Subscriber must provide Omaze with one or more Payment Methods (as defined in Subsection 5(B), below) in order to maintain Membership. We may from time to time offer special promotional offers to Subscribers (“Offers”). Offer eligibility is determined by Omaze at its sole discretion and we reserve the right to revoke an Offer and put a Subscriber’s Membership on hold in the event that we determine Subscriber is not eligible. We may use information such as a Payment Method or an Account email address used with an existing Membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
  2. Membership Fees and Payment Method(s): All fees in connection with a Subscriber’s Membership (collectively “Membership Fees”) will be charged to Subscriber at the time of initial subscription and on the first of each calendar month thereafter. Notwithstanding the foregoing, if at the time of Subscriber’s initial subscription, a Drawing (as such term is defined in the applicable Prize Draw’s Experience Rules) will not be conducted between the time of initial subscription and the end of the applicable calendar month of the initial subscription, then the initial Membership Fee will be charged to Subscriber at the time of initial subscription, and Subscriber will not be charged the Membership Fees on the first of the following calendar month, but will instead be charged the Membership Fees again on the first of the calendar month of the third month of the Membership, and then on the first of each calendar month thereafter. The Subscriber’s applicable Membership Fees will be featured on the Website in the check-out cart and will come with a set number of entries into each applicable Grand-Prize Prize Draw and each applicable Secondary Prize Draw available on the Website at the time of subscription, and for each month of Subscriber’s active Membership thereafter. For example, if a Subscriber subscribes on 10 January, and Drawing(s) will occur between 10 January and 31 January, then Subscriber will be charged the Membership Fees on 10 January and will be entered into and receive the applicable set number of entries into each applicable Grand-Prize Prize Draw and each applicable Secondary Prize Draw available on the Website at the time of payment of the Membership Fees on 10 January, and each Grand-Prize Prize Draw and each Secondary Prize Draw that may subsequently become available on the Website through 31 January. The Membership Fees would then be billed again on 1 February and Subscriber will be entered into and receive the applicable set number of entries into each applicable Grand-Prize Prize Draw and each applicable Secondary Prize Draw available on the Website during the month of February, and each month of Subscriber’s active Membership thereafter. In addition, if a Subscriber subscribes on 10 January, and no Drawing(s) will occur between 10 January and 31 January, then Subscriber will be charged the initial Membership Fees on 10 January and will be entered into and receive the applicable set number of entries into each applicable Grand-Prize Prize Draw and each applicable Secondary Prize Draw available on the Website on 1 February, and each Grand-Prize Prize Draw and each Secondary Prize Draw that may subsequently become available on the Website through 28 February, and would then be billed again on 1 March and entered into and receive the applicable set number of entries into each applicable Grand-Prize Prize Draw and each applicable Secondary Prize Draw available on the Website during the month of March, and each month of Subscriber’s active Membership thereafter. A Subscriber must cancel the Membership before it renews to avoid billing of the Membership Fees for the next billing cycle to Subscriber’s Payment Method. You authorise us to store your Payment Method and to automatically charge your Payment Method every month until you cancel. We will automatically charge you the applicable Membership Fees for your Membership every month upon renewal until you cancel in accordance with Subsection 5(F), below. If your primary Payment Method fails, then you authorise us to charge any other Payment Method in your Account. If you have not provided us with a backup Payment Method(s) and you fail to provide payment or if all Payment Methods in your Account fail, then Subscriber will not receive any entries during that applicable calendar month and with notice to you via email, we may suspend any further renewal of your Membership until you have provided a successful Payment Method(s). You may edit your Payment Method(s) at any time by visiting your Account. We may also update your Payment Method(s) using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). “Payment Methods” means a current, valid and accepted method of payment, as may be updated from time-to-time, and which may include payment through your Account.
  3. Membership Term: Your Membership will commence as soon as your initial payment of the Membership Fees is processed and will automatically renew each month without notice until you cancel in accordance with Subsection 5(F), below (the “Membership Term”).
  4. Changes to Subscription Services and/or Membership Fees: Omaze reserves the right to change the Subscription Services and/or adjust the Membership Fees in any manner and at any time as Omaze may determine in its sole and absolute discretion, provided that any changes to a Subscriber’s Subscription Services or changes to a Subscriber’s Membership Fees will take effect following notice to Subscriber and at the next billing cycle, and Subscriber will have the option to cancel at any time in accordance with Subsection 5(F), below.
  5. Cancellation and Suspension by Omaze: Omaze reserves the right to cancel or suspend the Subscription Services at any time and for any reason. Omaze will notify Subscriber prior to any such cancellation or suspension.
  6. In addition, if Subscriber fails to timely pay any Membership Fees in accordance with these Subscription Terms, Omaze may, without limiting any of its other rights or remedies, suspend or cancel the Subscription Services. The Subscription Services and the billing of any Membership Fees shall be suspended during any period of Membership suspension. Omaze shall not resume Subscription Services, including any billing for any Membership Fees, following a Membership suspension without the express approval and consent of Subscriber. Any entries into an applicable Prize Draw(s) received prior to the date of any such cancellation or suspension will remain eligible, subject to any eligibility requirements detailed within the Official Rules for the applicable Prize Draw(s).
  7. Cancellation by Subscriber: Subscriber may cancel Subscriber’s Membership at any time and for any reason via one of the following two methods of cancellation described in Subsections 5(F)(i) and (F)(ii), below. Upon cancellation, Subscriber will continue to receive the Subscription Services through to the end of the applicable billing cycle, and will not be charged any Membership Fees thereafter:
    1. You may cancel your Membership at any time by visiting your Account page and selecting the “Manage Subscriptions” link and click “Cancel” with respect to the subscription that you wish to cancel; or
    2. You may cancel your Membership at any time by completing and submitting the following “Model Cancellation Form” via email to team@omaze.co.uk.

      MODEL CANCELLATION FORM

      To: Omaze UK Limited

      I hereby give notice that I am cancelling my Omaze Membership.

      Subscriber Name: ________
      Subscriber Email: ________
      Subscriber’s Address: ________
      Order Number of Membership to be Cancelled: ________
      Date: ________
    If you cancel your Membership by submitting the Model Cancellation Form above, Omaze will send you an acknowledgement of receipt of your cancellation by email.
  1. Refunds: Membership Fees support an awesome cause and entry to the Prize Draw(s) may enable you to win an awesome Prize(s). A proportion of each Membership Fee supports an applicable charitable organization and helps the charity create real impact. As such, Omaze will not provide refunds for a Membership Fee after a Drawing has occurred. If you have any questions about refunds in connection with your Membership, you may contact Omaze for assistance via email at team@omaze.co.uk. If you are refunded, any entries into an applicable Prize Draw(s) associated with such Membership Fees will be withdrawn and are not eligible to win.
  2. Termination of Right to Use Subscription Services: We have the right to suspend, delete and/or disable your access to the Subscription Services (or any part thereof) for any lawful reason, including if we reasonably determine that you have violated these Subscription Terms or that your conduct or User Contribution (as defined in the Terms of Use) would damage Omaze’s reputation or goodwill. If Omaze terminates your use of the Subscription Services, you may not re-register for or continue to use the Subscription Services under any other email or Account without explicit permission by Omaze. Any entries into an applicable Prize Draw(s) received prior to the date of the termination of your right to use the Subscription Services will remain eligible, subject to any eligibility requirements detailed within the Official Rules for the applicable Prize Draw(s).

6. ACCOUNT REGISTRATION AND SECURITY: To enjoy full access and use of our Subscription Services, you may be asked to provide certain registration details or other information to create a user account (an “Account”).

  1. Account Information: It is a condition of your use of the Subscription Services that all the information you provide is correct, current, and complete. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third-party rights, is against the law, or that is offensive, obscene, or otherwise objectionable. You agree to promptly notify us if any of your information changes or is inaccurate.
  2. Account Security: Your Account is for your personal use only. You may not allow others to use your Account and may not or transfer your Account to any other person or entity. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your Account after using the Subscription Services. You are responsible for all activity that occurs under your Account, including any activity by unauthorized users, unless you can demonstrate that any unauthorized use was not due to your fault or negligence. If you suspect or know of unauthorized access to your Account, change your password and immediately notify Omaze by sending an email to team@omaze.co.uk.

7. PRIVACY NOTICE: Please review the Privacy Notice to learn about (A) what information we may collect about you, (B) what we use that information for, and (C) with whom we may share your information.

8. Disclaimer of Warranties: THE SUBSCRIPTION SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. OMAZE MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SUBSCRIPTION SERVICES IS AT YOUR SOLE RISK. OMAZE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SUBSCRIPTION SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE OPERATION OF THE SUBSCRIPTION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SUBSCRIPTION SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OMAZE PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT THE SUBSCRIPTION SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

9. Breach of These SUBSCRIPTION Terms: You are responsible for compensating the following persons in full for any losses or damage they suffer which is caused by your breach of these Subscription Terms: Omaze and its parents, subsidiaries, and affiliated companies, and all of their respective past and present officers, directors, employees, agents, and representatives (collectively, the “Released Parties”).

10. Limitation of Liability; Sole and Exclusive Remedy: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES ARE NOT RESPONSIBLE AND WILL HAVE NO OBLIGATION OR LIABILITY RESULTING FROM (I) INCORRECT OR INCOMPLETE INFORMATION, WHETHER CAUSED BY YOU OR OTHERWISE, TECHNICAL ERRORS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED BY OMAZE; (II) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO OUTAGES, MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE OR SCHEDULED OR UNSCHEDULED MAINTENANCE; (III) THE USE OR THE INABILITY TO USE THE SUBSCRIPTION SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (VI) ANY OTHER MATTER RELATING TO THE SUBSCRIPTION SERVICES; (VI) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR (VII) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SUBSCRIPTION SERVICES, EVEN IF OMAZE AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OMAZE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED POUNDS (£100). YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE SUBSCRIPTION TERMS AND ANY PROBLEMS OR DISSATISFACTION WITH THE SUBSCRIPTION SERVICES, THE WEBSITE OR ANY PORTION OF THE SOFTWARE IS TO TERMINATE YOUR ACCOUNT AND YOUR MEMBERSHIP, AND DISCONTINUE USE OF THE SUBSCRIPTION SERVICES, THE WEBSITE AND THE SOFTWARE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE LIABILITY OF OMAZE AND ITS AFFILIATES HEREUNDER SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

11. Binding Arbitration, No Class Action:

Please read this section carefully. you understand and agree that you waive your right to sue or go to court to assert or defend your rights connected with these Terms.

  1. Mandatory Arbitration of Disputes: We each agree that any dispute, claim, or controversy arising out of or relating to these Subscription Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Subscription Services, including the determination of the scope or applicability of this arbitration provision, (each, a “Claim”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Omaze agree that the U.S. Federal Arbitration Act (or equivalent laws in the jurisdiction in which the Omaze entity that you have contracted with is incorporated) governs the interpretation and enforcement of these Subscription Terms and that this arbitration provision shall survive termination of these Subscription Terms.
  2. Class Action Waiver: You and Omaze each agree that either of us may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section 11 shall be null and void.
  3. Limited Remedies: Additionally, except as may be provided for in Subsection 11(D), below, or prohibited by law, we each agree that, for any dispute, claim, or controversy arising out of or relating to these Subscription Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Subscription Services, our remedies are limited to a claim for money damages (if any) and we each irrevocably waive any right to seek injunctive or equitable relief.
  4. Exceptions and Opt-out: Notwithstanding Subsections 11(A) and (B), above, we each retain the right to seek to resolve a Claim in small claims court if it qualifies. In addition, you will retain the right to opt out of arbitration entirely and litigate any Claim if you provide us with written notice of your desire to do so by regular mail sent to the attention of Omaze’s Legal Department at the Omaze address set out in Subsection 14(C), below, within 30 days following the date you first agree to these Subscription Terms. If Omaze changes any of the terms of this Section 11 after the date you first accepted these Subscription Terms (or accepted any subsequent changes to these Subscription Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Effective” date above. By rejecting any change, you are agreeing that you will arbitrate any Claim between you and Omaze in accordance with the terms of this Section 11 as of the date you first accepted these Subscription Terms (or accepted any subsequent changes to these Subscription Terms).
  5. Dispute Resolution and Notification of Claims: Prior to bringing a Claim you and Omaze each agree to notice the other party and attempt, in good faith, to negotiate an informal resolution. To begin this process, before initiating any arbitration proceeding, the party seeking to bring a Claim must send a Notice of Claim (“Notice”) by certified mail to the other party. All Notices to Omaze must be sent to the Omaze address set out in Subsection 14(C), below. The Notice must describe the nature and basis of the Claim and the relief sought. If we are unable to resolve the potential Claim within 45 days after receipt of the Notice, then you or Omaze may initiate arbitration proceedings as set out below.
  6. Arbitration Process and Rules: Any arbitration will be conducted by JAMS pursuant to its procedural rules for commercial disputes (“JAMS Rules”), using the Optional Expedited Arbitration Procedures when applicable. The JAMS Rules are available at https://www.jamsadr.com. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at https://www.jamsadr.com. JAMS will appoint an arbitrator. When practical, the arbitrator should have prior subject matter knowledge and familiarity with sweepstakes and/or fundraising laws in the jurisdiction in which the Omaze entity that you have contracted with is incorporated. The arbitration may be conducted via video-conference or in-person in the county (or other municipality) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement. During the arbitration, both you and Omaze may take one deposition of the opposing party, limited to 4 hours. If we cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes. The arbitrator shall provide a decision explaining his or her findings and conclusions, and the ruling may be entered in any court having jurisdiction thereof. The arbitrator’s decision shall be final and binding upon the parties to these Terms.
  7. Arbitration Costs: Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Each party shall pay its costs and attorneys’ fees. If you assert a claim against Omaze, you will be responsible for paying the consumer filing fee. Omaze will pay for all other filing, administration and arbitrator fees and expenses. If any party prevails on a statutory claim that affords a prevailing party attorneys’ fees and costs, or if there is a written agreement providing for attorneys’ fees and costs, the arbitrator will award such costs and fees per the applicable statute or written agreement. The arbitrator shall resolve any dispute regarding the reasonableness of any fee or cost that may be awarded under this paragraph.
  8. Confidentiality: To the extent permitted by law, the existence of the arbitration, the arbitration proceedings, and the outcome of the arbitration will be treated as confidential and will not be disclosed by either party. You and Omaze agree that an award, and any judgment confirming it, only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts in England.
  9. Severability: If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

12. Contracting Entity, Governing Law; Jurisdiction: Subscribers are contracting with Omaze UK Limited. All matters relating to the Subscription Services and/or these Subscription Terms, and any dispute or Claim arising therefrom or related thereto (in each case, including non-contractual disputes or Claims), shall be governed by and construed in accordance with the laws of England and Wales. Subject to the arbitration provision and class action waiver in these Subscription Terms, exclusive jurisdiction for all Claims will be in English courts and you consent to the jurisdiction of those courts. However, as a consumer, if you live in another part of the United Kingdom, you can bring legal proceedings in respect of these Terms in either the English courts or your local courts.

13. Limitation on Time to File Claims: Any cause of action or claim you may have arising out of or relating to these Subscription Terms or the Subscription Services must be commenced within one (1) year after the cause of action or claim accrues; otherwise, such cause of action or claim is permanently barred.

14. General:

  1. Relationship of Parties: You agree that no joint venture, partnership, employment, or agency relationship exists between you and Omaze because of these Subscription Terms or your use of the Subscription Services.
  2. Assignment: Omaze may assign these Subscription Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Subscription Terms without Omaze's prior written consent, and any unauthorized assignment by you shall be null and void ab initio.
  3. Notices: Unless otherwise expressly provided otherwise herein, all notices given by you or required under these Subscription Terms shall be in writing and addressed to: Omaze UK Limited, c/o General Counsel’s Office, 3rd Floor 1 Ashley Road, Altrincham, Cheshire, United Kingdom, WA14 2DT.
  4. Equitable Remedies: You hereby agree that Omaze would be irreparably damaged if the terms of these Subscription Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Subscription Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
  5. Force Majeure: Neither you or Omaze will be liable for any failure or delay in performance under these for causes beyond the other party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-performing party through the use of commercially reasonable, alternate sources.
  6. Waiver and Severability: Our failure to enforce any provision of these Subscription Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each such provision thereafter. The express waiver by us of any provision, condition or requirement of these Subscription Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any of the provisions of these Subscription Terms is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
  7. Entire Agreement: These Subscription Terms, including Terms of Use, Official Rules and Experience Rules, as well as any other the documents, rules or policies expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Subscription Services supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Subscription Services.
  8. Contact: All feedback, comments, requests for technical support, and other communications relating to the Subscription Services should be directed to: team@omaze.co.uk.
  9. Complaints: A complaint should be made via the contact us form by selecting “complaint” from the drop-down menu and completing the form. All complaints will be investigated as appropriate and complainants will be informed of the outcome in writing within 28 days of Omaze acknowledging the complaint. If a complainant is dissatisfied with Omaze’s response, they can refer the complaint to the Fundraising Regulator within two months of receiving the response from Omaze. Omaze will retain information about complaints in accordance with Omaze’s Privacy Notice and with the Fundraising Regulator’s Terms and Conditions and will provide information and communications relating to complaints to the Fundraising Regulator where requested.

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