Welcome to our Scaramouche + Fandango™ website (the “Scaramouche + Fandango™ Site” or the “Site”). Scaramouche + Fandango Limited and Scaramouche + Fandango Amenities Limited (“Scaramouche + Fandango”, “we”, “us” or “our”) provide the services available on the Site to you subject to the following terms and conditions (the “Terms and Conditions”). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. Please note that if you visit one of our other regional Sites, you are subject to the terms and conditions applicable for that Site and we suggest that you consult such terms and conditions.
- About the Scaramouche + Fandango™ Site: Scaramouche + Fandango™ Site ‘s address and registered office is Seebeck House, 1 Seebeck Place, Knowlhill, Milton Keynes, United Kingdom. MK5 8FR; registered in England and Wales with company registration number 07369287 (Scaramouche + Fandango Limited) and 09113097 (Scaramouche + Fandango Amenities Limited). Back to top
To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site under English law you must: (a) be aged 18 or older’ and (b) register on the Site; and (c) be the holder of a valid debit/credit card. Back to top
This contract shall be concluded in English. Back to top
All prices indicated for products available via the Site are inclusive of VAT (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the delivery section of the Site. Back to top
- Product Descriptions
We will take all reasonable care to ensure that all details, descriptions, and images of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free. Although we aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site at a particular time may not always reflect the product exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy. See Section 8 below. Back to top
- Purchase Related Policies
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. Please note that samples are subject to availability. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
Free or discounted introductory offers are only available to new account members of the Scaramouche + Fandango™ website, except where expressly stated, previous users or trialists of the Scaramouche + Fandango™ website do not qualify for an additional special offer
Free or discounted offers are available only once to any one person. You must have internet access and valid payment details to redeem a free or discounted offer.
- Placing an Order and Order Acceptance
You will be guided through the process of placing an order by a series of simple instructions on the Site. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. You place your order request for goods from the Scaramouche + Fandango™ Site by clicking on the Submit button at the end of the on-line order process.
Once you have placed your order, we will send to you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit/debit card. This is not an order acceptance from Scaramouche + Fandango Limited or Scaramouche + Fandango Amenities Limited.
Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation Policy, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Policy + Procedure.
If you require any information regarding your order(s) please contact Customer Services on the following number (open 9.00am – 5.00pm, Monday to Friday) +44 (0)207 112 5168 or email firstname.lastname@example.org
If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this. Back to top
- Privacy and Communications Preferences
By using Scaramouche + Fandango™ website and providing your personal details, you consent to receiving electronic communications from Scaramouche and Fandango. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Scaramouche and Fandango Limited and you receive them as part of the orders placed with Scaramouche and Fandango or account membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Back to top
- Subscription Membership and Billing
You can find the specific details regarding your subscription membership with Scaramouche and Fandango at anytime by visiting our website and clicking on the “Your Account” link.
Your Scaramouche and Fandango subscription and/or membership may start with a free trial. The free trial period of your subscription may last for up to one month, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. You must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”), to use our service. If you or another member of your household has been a Scaramouche and Fandango member within the last 12 months, or if your Payment Method, physical address or email address have been associated with a Scaramouche and Fandango membership, you are not eligible to receive a free trial.
We will begin billing your Payment Method for your selected subscription fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including your selected subscription prices and end date of your free trial period, visit our website and click the “Subscription Terms and Details” link on the “Your Account” page. Your Payment Method will be authorized for up to approximately one month provision of the selected subscription as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun. If YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. CLICK THE “YOUR ACCOUNT” LINK AT THE TOP OF ANY SCARAMOUCHE AND FANDANGO WEB PAGE FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method for your subscription fee until you cancel. You may cancel your subscription at anytime; however, there are no refunds or credits for subscriptions cancelled within 5 working days of dispatch of the next subscription package.
We may offer a number of subscription plans, including special promotional plans or subscriptions with different limitations. Some of these promotional subscriptions are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See “Billing” below).
Any free or discounted offers are available only once to any one member of the Scaramouche + Fandango™ website, except at the sole discretion of Scaramouche and Fandango Limited. Back to top
If you change address, you must update your address details in the “Your Account” page. Where an existing subscription is underway, please ensure this is done before you move as you will be liable for any boxes posted to the wrong location.
An order may be requested to be made into a subscription. Your submission of an order as a subscription amounts to an offer to enter a contract to buy the products from us; for the specified products, on a recurring basis until further notice from you, with pre-determined frequency of delivery of the products as determined by the subscription selection type upon order selection and confirmation. You cannot then withdraw or cancel your order except as specifically stated in these Terms and Conditions Back to top
If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of the subscription package/service selected during free trials; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. We may also periodically authorize your card in anticipation of subscriptions or related charges. Subscription fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS OR SUBSCRIPTION PACKAGES THAT HAVE ALREADY BEEN DESPATCHED OR PROCESSED UP TO AND INCLUDING 5 WORKING DAYS PRIOR TO/FOR DESPATCH, TO THE SELECTED DELIVERY ADDRESS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available at the top of the pages of the Scaramouche and Fandango website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts. Back to top
Ongoing Membership and Subscriptions
Your Scaramouche and Fandango subscription, which may start with a free trial portion, will continue month-to-month unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews each month or at the defined/selected renewal period in order to avoid billing of the next period’s subscription fees to your Payment Method. We will bill the subscription fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Subscription fees are fully earned upon payment. Back to top
You may cancel your Scaramouche and Fandango subscription at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-SUBSCRIPTION PERIODS. To cancel, visit our website and click on “Manage Subscription” on the “Your Account” page and follow the instructions for cancellation under the heading “Cancel Subscriptions.”
You can cancel a subscription until 18:00 GMT on the day before your direct debit for the subscription is taken – which is usually 5 working days before your goods are due to be despatched. Cancellation can also be in letter or email form to Scaramouche and Fandango Limited. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for the deadline. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the deadline. Any payments you have made for orders which have been properly cancelled will be recredited to you.
Despite the above provision, you are entitled to cancel a payment for products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card.
We reserve the right to terminate or restrict your use of our subscription service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these terms, including, in particular the section headed ‘. If we terminate your use of our service as a result of a breach of any obligation under these terms, such termination would be immediate and without notice. Back to top
Right To Terminate
We reserve the right to terminate or restrict your use of our website and subscriptions service without notice, for any or no reason whatsoever.
Changes to our Service
- Features and Functionality
Please note that only one Facebook account can be connected to each Scaramouche and Fandango account. All Scaramouche and Fandango account activity will be posted automatically to the Facebook account that is connected to Scaramouche and Fandango unless you use the “don’t share / unshare” features currently available on most devices. If you have authorized more than one member of your household to use your Scaramouche and Fandango account, it is possible that their Scaramouche and Fandango activity may be posted to your Facebook account or be visible to your Facebook friends using the Scaramouche and Fandango service.
Customer and Member Reviews
We permit you to post reviews of our products, subscriptions and services available through Scaramouche and Fandango. We do not regularly review the content posted on the Scaramouche and Fandango website; however, we reserve the right to reject, remove or edit such content at anytime without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on other reviews, staff or other personnel; misleading information regarding the origin of the content; or a discussion of Scaramouche and Fandango policies or services. Please click on the “Reviews” link that appears on the Scaramouche and Fandango website for a link to guidelines for writing and posting member reviews. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see “Use of Information Submitted” below.
WHEN YOU HAVE SUBMITTED A REVIEW, WE WILL DISPLAY YOUR RATING OF OUR PRODUCTS OR SERVICES. BY SUBMITTING A REVIEW, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED IN YOUR REVIEW, INCLUDING YOUR RATING OF A PRODUCT OR SERVICE, TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF, AND VISITORS TO, THE SCARAMOUCHE AND FANDANGO WEBSITE AND SERVICES. IF YOU DO NOT WANT YOUR REVIEWS TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE REVIEW FEATURE.
If you no longer wish to have your reviews publicly posted, you may delete them by going into the “Your Account” link on the website and selecting “Reviews”. Use of the Reviews feature is for your personal, non-commercial use and is at your own option and risk. The Reviews feature may change without notice to you and the degrees of associated information sharing and functionality may also change without notice. Back to top
The member who created the Scaramouche and Fandango account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Scaramouche and Fandango account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Scaramouche and Fandango Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account.
- Account Access; Identity Protection
In order to provide you with ease of access to your account and to help administer the Scaramouche and Fandango products and services, Scaramouche and Fandango implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Scaramouche and Fandango website and services. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your Scaramouche and Fandango account. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you fail to log out, subsequent users may access the Scaramouche and Fandango services through your account and may be able to access certain of your account information.
If you find that you’re a victim of identity theft and it involves a Scaramouche and Fandango account, you should notify Customer Service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Scaramouche and Fandango website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Scaramouche and Fandango reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Scaramouche and Fandango is not obligated to credit or discount a membership for holds placed on the account by either a representative of Scaramouche and Fandango or by the automated processes of Scaramouche and Fandango. Back to top
- Intellectual Property
The Scaramouche and Fandango products and services, including all content included on the Scaramouche and Fandango website and user interfaces, or delivered to members as part of the products and services, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of Scaramouche and Fandango, Scaramouche + Fandango Amenities Limited or its licensors and are protected by United Kingdom and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by Scaramouche and Fandango on our website and user interfaces, or in connection with the Scaramouche and Fandango service are the exclusive property of Scaramouche and Fandango and its licensors and are protected by the copyright and trade secret laws in the territories in which the Scaramouche and Fandango service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from Scaramouche and Fandango or its licensors. Scaramouche and Fandango reserves the right to terminate your membership hereunder if Scaramouche and Fandango, in its sole and absolute discretion, believes that you are in violation of Scaramouche and Fandango restrictions or other unauthorized copying or use of our proprietary content in violation of the copyrights of Scaramouche and Fandango and its licensors. Back to top
Scaramouche and Fandango is a registered trademark of Scaramouche and Fandango Limited. The Scaramouche and Fandango logo, scaramoucheandfandango.com, and product packaging illustrations and graphics are trademarks or service marks of Scaramouche and Fandango. The Scaramouche and Fandango website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Scaramouche and Fandango Limited. The trademarks, service marks and trade dress of Scaramouche and Fandango may not be used or reproduced without prior written approval from Scaramouche and Fandango and may not be used in connection with any product or service that is not affiliated with Scaramouche and Fandango, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Scaramouche and Fandango, or in any manner that disparages or discredits Scaramouche and Fandango. Other trademarks that appear on the Scaramouche and Fandango website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Scaramouche and Fandango. Any images of persons or personalities contained on the Scaramouche and Fandango website and user interfaces are not an indication or endorsement of Scaramouche and Fandango or any particular product or our service unless otherwise indicated. Back to top
- Use of Information Submitted
Scaramouche and Fandango is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Scaramouche and Fandango products or services, including the Scaramouche and Fandango website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Scaramouche and Fandango service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note Scaramouche and Fandango does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Scaramouche and Fandango. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Scaramouche and Fandango and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent. Back to top
- Limitations of Use
- Links and Pages
You may pay using any of the methods specified in the Payment section of this Site. You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
In the case of registered subscriptions, you will be charged on the working day before an order is dispatched (for example, on Monday for a delivery due for dispatch on Thursday).
Should your account fall into arrears, Scaramouche and Fandango Limited reserves the right to pass on your details to a collection agency for retrieval of the outstanding debt. There will be a £5 handling charge for all such cases. You agree not to hold us responsible for banking charges incurred due to payments on your account.
Goods are subject to seasonal changes in supply levels and supply prices. Scaramouche and Fandango Limited reserves the right to change the fees for any goods, products or subscription services at any time. In cases where an existing subscription exists, and the fees for goods, products or subscription services changes, we agree to notify you at least 30 days in advance of any change in fees. Back to top
- Promotion Codes
Any promotion code or offer provided on this site cannot be used in conjunction with any other promotion, past or present
- Title to Goods
We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you. Back to top
- Risk of Loss
Risk in the goods will pass to you upon delivery to you. Back to top
We will deliver the goods in accordance with the delivery option selected by you during the order process. See Delivery section of our Site. Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more parts. We do not accept any liability whatsoever for delayed delivery caused by any third party. We reserve the right to cancel subscription services if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable. Back to top
- 22. Acceptance of Goods
Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Policy + Procedure. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected.
If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Service on the following number (open 9.00am – 5.00pm Monday to Friday,) on +44 (0)207 112 5168 or by email email@example.com. Back to top
- Limited Licence
All content available on the Site, including, but not limited to, text, graphics, logos, button. We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Site. This limited licence does not include the right to: (i) frame or utilise framing techniques to enclose the Site or any portion thereof (ii) modify or download the Site or its contents (except caching or as necessary to view content); (iii) make any use of the Site or its Content other than personal use; (iv) create any derivative work based upon either the Site or its Content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other “hidden text” utilising our name or the Trademarks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and non-exclusive licence to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Site terminates the limited licence set forth in this Section 15 without prejudice to any other remedy provided by applicable law. Back to top
- Your Obligations and Responsibilities
- Your Account
You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us immediately by contacting Customer Service on the following number (open 9.00am – 5.00pm Monday to Friday) on +44 (0)207 112 5168 or by email firstname.lastname@example.org.
Alternatively, you can update your details through “my account” page.
You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address, which you specified when you registered. Your account can be cancelled at any time by contacting Customer Services on the following number (open 9.00am – 5.00pm Monday to Friday) on +44 (0)207 112 5168 or by email email@example.com.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Scaramouche and Fandango Limited’s best interests to do so. Back to top
- Third Party Links
We are not responsible for the content of any off-Site pages or any other Sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other Sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other Sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other Sites that you visit. Back to top
- User Content
When you transmit, upload, post, email or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 19. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others. Back to top
- Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES; (f) ANY INACCURACIES, OMISSIONS OR MISLEADING, FALSE OR DECEPTIVE STATEMENT IN THE CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED STERLING, AS APPLICABLE. BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Back to top
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. Back to top
If you wish to complain about any matter in respect of the goods please contact Customer Services on the following number (open 9.00am – 5.00pm, Monday to Friday) on +44 (0)207 112 5168 or by email firstname.lastname@example.org. Back to top
Your use of this Website and any purchase by you of any goods from Scaramouche and Fandango Limited shall be governed by English law and the parties hereto submit to the exclusive jurisdiction of the English courts. Back to top