Terms of Use | Omaze UK

Terms of Use

OMAZE.CO.UK TERMS OF USE

Last updated 17th March 2020

PLEASE READ THESE TERMS CAREFULLY. THIS IS A BINDING CONTRACT.

These Terms of Use (these Terms), together with our privacy notice (Privacy Notice) and the Omaze promotion official rules (Official Rules) set out the terms and conditions under which Omaze, Inc., a company incorporated in Delaware with registered number 453767670 and registered office at 5735 W Adams Blvd, Los Angeles CA 90016 (Omaze, we, or us) provide you access to, and govern your use of, the website located at Omaze.co.uk (the Site), and the Omaze applications made available through the Site (the Software) and the information, content, features and services provided through the Site (together with the Software, collectively, the Service).

When certain words and phrases are used in these Terms, they have specific meanings (these are known as defined terms). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms of Use where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and in bold).

When we refer to you or your we mean you, the person accessing or using the Site and/or the Service.

YOUR USE OF THE SITE AND/OR THE SERVICE, OR BY CLICKING “I ACCEPT” IF PRESENTED WITH THESE TERMS IN A CLICK-THROUGH FORMAT, SIGNIFIES YOUR AGREEMENT TO THESE TERMS, THE PRIVACY NOTICE AND THE OFFICIAL RULES AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TERMS, THE PRIVACY NOTICE AND THE OFFICIAL RULES, INCLUDING ANY MODIFICATIONS THAT OMAZE MAKES FROM TIME TO TIME. If you do not agree to these Terms, you may not use the Site or the Service. Please check these Terms, the Privacy Notice and the Official Rules regularly to ensure that you understand the terms that apply at the time that you access and use the Site and/or the Service.

You may not use the Service and you may not accept these Terms or the Official Rules if you are not eighteen (18) years of age or older. If you accept these Terms and the Official Rules, you represent that you have the legal capacity to be bound by each of them. Omaze may amend these Terms and/or the Official Rules at any time by posting the amended Terms and/or Official Rules on the Site, and you agree that you will be bound by any changes to these Terms and/or the Official Rules. The date of last revision of these Terms is included at the top of this page. Omaze may make changes to the Site and/or the Service at any time. You understand that Omaze may discontinue or restrict your use of the Site and/or the Service for any reason or no reason with or without notice.

  • Privacy Notice.

Omaze may revise the Privacy Notice at any time, and the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Notice, you must immediately stop using the Site and/or the Service.

  • The Services.

The Site provides certain promotions on the Site (Promotions) for a chance to win unique, amazing, or once-in-a-lifetime experiences (Prizes) and receive rewards traditionally unavailable to the general public. Participants may enter Promotions by creating an Account (defined below) and by either using Omaze’s Alternate Method of Entry (as described in the Official Rules), by paying an Entry Fee (defined below), or by using any other alternative mechanisms that we provide from time to time. No purchase, payment or other financial contribution is necessary to enter or win a Promotion and Omaze’s Alternate Method of Entry are always available for all Promotions.  Any application(s) made in circumstances that are prohibited by applicable law will be void. In addition, if you are registering for or participating in a Promotion, participation is subject to our Official Rules and any other rules and regulations applicable to such Promotion. If these Terms conflict with or are inconsistent with any Official Rules, such Official Rules will govern and be given precedence. Occasionally where law permits, we may offer different types of Promotion than sweepstakes, which will have their own rules and terms.

Omaze reserves the right to add, change, modify, suspend or discontinue any portion of the Service, in its sole discretion, at any time. Your use of the Site and/or the Service, including the availability of new services through the Site, shall be subject to these Terms. In addition, Omaze may impose limits on any portion of the Service or restrict your access to portions of or the entire Site in its sole discretion without notice or liability.

You may only use the Site and/or the Service for your own domestic, private and non-commercial use.

  • Contributions to Good Causes.

In addition to our alternate method of entry, each Promotion allows you to support featured non-profit(s) and/or charitable causes (each a Charity) by making a monetary payment to us (Entry Fee). We will donate at least 80% of the Net Proceeds to the applicable Charity (each a Donation). Net Proceeds means 100% of your Entry Fee, minus the costs associated with providing the Prizes, and the costs of marketing and operating the Promotion. We do not deduct our salaries or central overheads from the Donations.

  • Refunds, returns, and exchanges

Each Donation supports an awesome cause and entry to the Promotions may enable you to win an awesome Prize(s). Each Donation goes to the Charity and helps them create real impact - as such, we do not provide refunds once a campaign has closed.

  • Internet Access.

You are responsible for any Internet connection and telecommunication fees and charges that you incur when accessing the Site and/or the Service.

  • Accounts

To use certain portions of the Site and Service, you may be directed to register on the Site and create a user profile or account (Account). Eligibility to create an Account is limited to persons equal to or over the age of eighteen (18). Residents of countries outside of the United Kingdom shall not be eligible to create an Account. As part of the registration process, you may be asked to submit your name, address, email address, date of birth and/or similar information and to select a password. You agree that all information you provide to Omaze for the purposes of creating an Account (Registration Information) will be true, accurate, current and complete and your failure to provide such information shall constitute a breach of these Terms and may result in the immediate termination of your Account. You shall (i) promptly update your Registration Information to keep it true, accurate, current and complete; and (ii) maintain the confidentiality of your password.

In creating an Account, you shall not (a) select or use the email address or user name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorisation, (c) use an email address or user name that is profane, offensive or otherwise inappropriate or (d) allow any other party to use your Account and/or password except as set forth herein.

You may not share or transfer any Account. You may not disclose your password to anyone. You agree to immediately notify Omaze by sending an email to service@omaze.com of any known or suspected unauthorised use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. Omaze is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.

Omaze employees, directors, managers and their respective immediate family members (i.e., parents, spouses, domestic partners, siblings and children) or any other person residing in the same household as an Omaze, employee, director or manager may not win the offered Promotions.

  • Termination of Account.

You understand and agree that you have no ownership rights in your Account and Omaze may stop offering the Service at any time. Further, Omaze may cancel your Account, delete all of your Registration Information and any other information you have provided through the Site (collectively, User Content) associated with your Account at any time, without notice, for any reason or no reason including, without limitation, your breach of these Terms. Omaze will not be liable for any damages or loss resulting from the removal of any User Content from the Site and/or the Service. You may cancel your Account at any time and cancellation will take effect immediately. Omaze reserves the right to temporarily or permanently restrict or block access to the Site and/or the Service to any users who have had their Accounts cancelled.

  • Limited Licence to Use Site and Service.

Subject to all of the terms and conditions of these Terms, Omaze hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable licence to access and use the Site and Service. The Site and Service must at all times be used in accordance with these Terms, the Official Rules and any other rules, restrictions and/or documentation set forth by Omaze from time to time. All modifications and enhancements to the Site and Service remain the sole property of Omaze. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Site. You understand that Omaze, in its sole discretion, may at any time for any reason suspend or terminate any licence hereunder and disable the Site, or any part thereof including any Service, without prior notice. Omaze reserves the right to add or remove features or functions to the Site or Service at any time in its sole discretion. Notwithstanding anything to the contrary herein, you may not: (i) cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site or Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Site or Service, including, without limitation, through sublicence, to any other entity without the prior written consent of Omaze; or (iv) make any false, misleading or deceptive statement or representation regarding Omaze and/or the Site or Service.

  • Use of Site and Service.

You agree that you will not, in connection with your use of the Site, or Service, breach any applicable law or regulation. Without limiting the foregoing, you agree not to (i) make available through the Site any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity); (ii) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Site and/or the Service or otherwise attempt to disrupt the Site and/or the Service or any other person’s use of the Site and/or the Service; or (iii) attempt to gain unauthorised access to the Site, Service, Accounts registered to other users, or the computer systems or networks connected to the Site and/or the Service. Furthermore, you may not use the Site to develop, generate, transmit or store information that: (a) is defamatory, harmful, abusive, obscene or hateful; (b) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site and/or the Service; (c) performs any unsolicited commercial communication not permitted by applicable law or otherwise advertises any goods or service or is for a commercial purpose; (d) constitutes harassment or a breach of privacy or threatens other people or groups of people; (e) is harmful to children in any manner; (f) breaches any applicable law, regulation or ordinance; (g) makes any false, misleading or deceptive statement or representation regarding Omaze and/or the Site or Service; (h) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); (i) promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; (j) contains someone else’s personal details or confidential information relating to other people; or (k) promotes or condones terrorism, violence or illegal behaviour.

You agree that you will not (i) obtain or attempt to obtain any information from the Site including, without limitation, email information of other Account holders or other Software data; (ii) intercept, examine or otherwise observe any proprietary communications protocol used by the Site or Software, whether through the use of a network analyser, packet sniffer or other device; (iii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorised access to, or distort, delete, damage or disassemble, the Site or Software; or (iv) or use any type of bot, software, or any other codes, instructions or third-party software that is designed enter you into a prize draw (or multiple prize draws) automatically or in any way that would provide you with an unfair advantage over individuals that enter manually.  

You understand that all data, information, text, software, graphics, video, messages, tags, or other materials (Content), whether publicly posted or privately transmitted, on the Site or through the use of the Site or the Service, are the sole responsibility of the person posting or transmitting such Content. Omaze does not control the Content posted on the Site or transmitted through the use of the Site or the Service and, as such, Omaze does not guarantee, and shall not be responsible for any deficiencies relating to, the accuracy, reliability or quality of such Content. Further, you acknowledge that Omaze may or may not pre-screen Content that is displayed on the Site or transmitted through the use of the Site or the Service. You understand that by visiting the Site or using the Service, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will Omaze be liable in any way for any user-generated Content 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 any Content posted, emailed, transmitted or otherwise made available on the Site or through the use of the Site or the Service.

The Site may provide forums and/or chat features enabling users to post user observations and comments (each, an Interactive Service). We cannot guarantee that other members or users will not use the ideas and/or information that you share. If you have ideas and/or information that you want to remain confidential and/or do not want others to use, do not post them via the Site. We shall have no responsibility to evaluate, use or compensate you for any ideas and/or information that you submit on the Site or through the use of the Site or Service.

Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.

All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Site or Service, such as your suggestions regarding improvements that we make to the Site or Service (collectively, Comments) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied terms, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By posting Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorised to post, distribute, display, perform, transmit, or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.

Your User Content, and the contents of all of your Comments and other online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations; (iii) where we believe that the Site or Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organisations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Omaze, including to enforce these Terms and/or the Official Rules. By entering into these Terms, you hereby acknowledge that we will carry out such monitoring, access and disclosure.

When accessing the Site you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in breach of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any breaches of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your Account.

The Site and the Service are operated by Omaze in the United States and are directed at people residing in the United Kingdom. Those who choose to access the Site, and/or the Service from locations outside the United Kingdom do so on their own initiative and are responsible for compliance with applicable local laws.

  • Third-Party Products.

Third party services, content, information and products may be made available by Omaze on or through the Site (Third Party Products). Third Party Products are provided solely for the convenience of Site users and Omaze makes no representations or warranties regarding any Third Party Products and takes no responsibility and assumes no liability for any Third Party Products. Third Party Products are subject to the applicable terms and policies of the third parties that offer them.

  • Hyperlinks

Links from the Site. The Site may contain links to websites operated by other parties. Omaze provides these links to other websites as a convenience and use of these sites is at your own risk. The linked sites are not under the control of Omaze, and Omaze is not responsible for the content available on the other sites. Such links do not imply Omaze’s endorsement of information or material on any other site and Omaze disclaims all liability with regard to your access to and use of such linked websites.

Links to the Site. You may not place a link to the Site on another website without our prior written consent and, without limiting the foregoing, you must adhere to Omaze’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage, dilute or take advantage of the goodwill or reputation associated with Omaze and/or its licensors’ names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organisation or entity is sponsored by, affiliated with, or associated with Omaze; (iii) when selected by a user, the link must display the Site on full-screen and not within a frame on the linking site; and (iv) Omaze reserves the right to revoke its consent to the link at any time and in its sole discretion.

  • Omaze Intellectual Property and Intellectual Property Infringement.

The interfaces, content, arrangement and layout of the Site including, but not limited to, the Omaze trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content, and any compilation of the foregoing (Omaze Intellectual Property) are the property of Omaze, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under United Kingdom, U.S. and/or international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of Omaze. You understand and acknowledge that, by visiting the Site, you do not acquire or obtain by implication or otherwise, any licence or right to use or make additional copies of any materials or information displayed on the Site. You agree not to display or use any Omaze Intellectual Property or third party content located on the Site in any manner not expressly permitted under these Terms. You must not use the Site (or any part of it or its content) for commercial purposes; however, you may download material from the Site solely for non-commercial, personal use by you.

We respect the copyrights of others and expect our users to do the same. We have a policy of terminating users who repeatedly infringe the copyrights of others. If you learn or believe that the Site or Service or any information on the Site, including any Content, infringes upon any copyright or other intellectual property that you own or control, please notify us without delay. In the event of any third party claim that the Site or Service infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

  • Winner Publicity.

Omaze reserves the right to publish or make available information that indicates that a valid award took place for each of the Prizes – for example, the surname and country and county of residence of the Winner. Affected Prize winners have the right to object to all or part of this information being published or made available – in such event they should inform Omaze in writing. In such circumstances, entrants acknowledge that Omaze must nevertheless still provide the information and winning entry to the ASA or equivalent regulator on request.

Omaze will also require that winners participate in any reasonable publicity required by Omaze.

  • Disclaimer of Warranties.

Except for those warranties implied by law which cannot be disclaimed, Omaze makes no warranty as to the quality, accuracy, completeness or reliability of any content available through the Site, the Software or the Service. You are responsible for verifying any information before relying on it. Omaze does not warrant that you will be able to access or use the Site, the Software and/or the Service at the times or locations of your choosing; that the operation of the Site, the Software or the Service will be uninterrupted or error-free; that defects will be corrected; that the Site, the Software or the Service is free of viruses or other harmful components.

Except for those warranties implied by law which cannot be disclaimed, Omaze provides no warranty or guarantee of any kind that the Site, the Software or the Service will meet your expectations or requirements.

  • Limitation of Liability; Sole and Exclusive Remedy. 

Nothing in these Terms excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

If we fail to comply with these Terms, we are responsible for the loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is forseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Site and/or used the Service.

If we supply you with any digital content that proves to be defective and damages a device or other digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

We only supply the Site and the Services for domestic and private use. You agree not to use the Services or the Site, or any content on the site, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Notwithstanding the second paragraph of this clause 15, and save as set out in the first paragraph of this clause 15, our maximum liability to you under these terms, our aggregate liability to you or any third party in any circumstance shall not exceed one hundred British pounds sterling (£100).

  • Governing Law; Jurisdiction.

These Terms are governed by the laws of England and Wales.  This means that your access to and use of the Site, the Software and the Service and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law.

You can bring proceedings in respect of these Terms in the English courts.  However, as a consumer, if you live in another part of the UK or in a European Union member state you can bring legal proceedings in respect of these Terms in either the English courts or your local courts.

As a consumer, if you are resident in the European Union and if we direct this Site to the member state in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident.  Nothing in these Terms, including the first paragraph of this clause 16, affects your rights as a consumer to rely on such mandatory provisions of local law.

If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only.  We are not obliged to participate in online dispute resolution.

  • General

Amendments/Revisions. These Terms may only be amended and/or revised in writing by Omaze (including by publishing such revisions by Omaze on the Site).

Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Omaze as a result of these Terms or your use of the Site, the Software or the Service.

Assignment. Omaze may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms without Omaze's prior written consent, and any unauthorised assignment by you shall be null and void.

Severability. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

No Waiver. If we fail to insist that you perform any of your obligations under these 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.

Notices. All notices given by you or required under these Terms shall be in writing and addressed to: Omaze, Inc, 5735 W Adams Blvd, Los Angeles, CA 90016, Attn: Omaze Customer Service.

Entire Agreement. These Terms, including the documents expressly incorporated by reference, constitute the entire agreement between you and us with respect to the Site, the Software and the Service and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site, the Software and/or the Service.

All questions and concerns regarding these Terms should be directed to service@omaze.com