Effective 16 November 2023
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Please read these Terms carefully and check them regularly as they may change from time to time, subject to Section 3, below.
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.
- 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.
- 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.
- Age Requirement: You must be at least 18 years old and a legal resident of the United Kingdom to use the Subscription Services.
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.
- 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 a further 30 entries into each Grand-Prize Prize Draw and each applicable Secondary Prize Draw available on the Website 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.
- 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, except where the initial subscription takes place after 23:59:59 on the 27th day of the month but before the end of that month (the “Initial Subscription Month”), in which case the initial Membership Fee will be charged to Subscriber at the time of initial subscription, and Subscriber will not be charged the renewal Membership Fees on the first of the following calendar month (unless the Subscriber actively elects to make such renewal payment in return for additional entries), but will instead be charged the renewal Membership Fees on the first day of the second calendar month after the Initial Subscription Month, 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 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 28 January and does not actively elect to make a renewal payment on 1 February, then Subscriber will be charged the initial Membership Fees on 28 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 28 January, 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. If that Subscriber does actively elect to make a renewal payment on 1 February, then Subscriber will be charged the renewal Membership Fees on 1 February and will (in addition) 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. 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 authorise 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.
- 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”).
- 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.
- 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. 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).
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:
- 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
- You may cancel your Membership at any time by completing and submitting the following “Model Cancellation Form” via email to email@example.com.
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: __________
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.
- 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 organisation 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 firstname.lastname@example.org. 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.
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”).
- 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.
- 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 unauthorised users, unless you can demonstrate that any unauthorised use was not due to your fault or negligence. If you suspect or know of unauthorised access to your Account, change your password and immediately notify Omaze by sending an email to email@example.com.
- 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.
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.
- 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”).
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 UTILISED 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) UNAUTHORISED 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.
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.
You can bring proceedings in respect of these Subscription Terms in the English courts. However, as a consumer, if you live in another part of the UK you will also benefit from any mandatory provisions of your local laws and can bring legal proceedings in respect of these Subscription Terms in either the English courts or the competent court of your country of habitual residence.
- 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.
- 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, provided that such assignment will not affect your rights or obligations under these Subscription Terms, Omaze will notify you in advance of such assignment, and you may request a refund of your most recent Subscription Payment in the event you object to Omaze’s assignment of these Subscription Terms. You may not assign these Subscription Terms without Omaze’s prior written consent, and any unauthorised assignment by you shall be null and void.
- 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.
- 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.
- No Waiver: If we fail to insist that you perform any of your obligations under these Subscription Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- CONTACTING OMAZE: Omaze is the promoter of all Prize Draws on the Website. All questions and concerns regarding these Subscription Terms should be directed to firstname.lastname@example.org. Alternatively, you can write to us at: Omaze UK Limited, 3rd Floor 1 Ashley Road, Altrincham, Cheshire, United Kingdom, WA14 2DT, Attn: Omaze Customer Service.
Copyright ©2023 Omaze, Inc. All third-party names and trademarks are the property of their respective owners.