Online Shopping - Terms & Conditions

The following terms and conditions (the "Terms") apply to all transactions conducted on this website.

For the avoidance of doubt, this means that the Terms apply at the point of placing the order, irrespective of whether the order is accepted or not.

X Marks The Spot Limited reserves the right, in its sole discretion, to modify, alter, or otherwise update these Terms at any time and buyers agree to be bound by such modifications, alterations or updates.

Price
1	Prices, handling and delivery charges are as stated from time to time on this website and are subject to change without notice.
2	The price stated on our website is exclusive of any applicable value added or other sales tax, unless stated otherwise.
3	We will not charge value added tax (VAT) on products if they are being delivered outside the European Union.
4	Product cost, VAT where applicable, handling charges and postage and packing for your order will be itemised on the invoice you will receive with the goods.
Orders and Payment
5	The customer is responsible for ensuring that the product is suitable for their needs. In accepting these Terms the customer confirms that he/she has read and understood the applicable product description, FAQs and delivery timescales relating to the product ordered. X Marks the Spot staff are available by phone and email should you require any clarification or help in making a choice.
6	No order is accepted by us unless and until confirmed by us in writing (usually by email following your purchase)
7	Payment in full is required before goods are despatched.
8	Cheques must be crossed and made payable to X Marks The Spot Limited.
9	All credit/charge card payments are subject to authorisation by the card issuer. If your payment is not authorised, we will cancel your order (and notify you that we have done so) and you must return the goods to us (if you have already received them) at your own expense.
10	X Marks The Spot reserves the right to charge a credit card handling fee. Any such fee will be clearly identified on our website at time of purchase or via email for offline purchases.
11	The goods remain the property of X Marks The Spot Limited until you have paid for them.
12	We aim to fulfil your order within a maximum of 3 working weeks, subject to product availability and payment being cleared or authorised. We will advise you of a target delivery date when we get your order. If we cannot meet our delivery target we will agree an alternative where possible or offer a full refund.
13	You may have the option to pay extra for faster processing of your order or faster delivery. Please note that we cannot be held responsible for delays in postal or courier services.
14	All products are subject to availability. On occasion an order cannot be fulfilled because a treasure hunt is not available because it is being updated or is not yet released, such as a Christmas treasure hunt. Also, on rare occasions, it may not be possible to fulfil an order because there is insufficient time to do so for your preferred date. As availability is dynamic please therefore note when booking online that the ability to "Add to Cart" does not necessarily mean that a product is available. If we cannot meet an order we will offer a full refund or an alternative. If in doubt please contact us first to check availability before purchase.
Title and Risk
15	If your order is for delivery outside the UK and the Republic of Ireland, you are solely responsible for the goods from the time they leave our premises and for the importation of those goods into the country of delivery (including arranging for any necessary legal consents and payment of duties or taxes), and we accept no responsibility for any claims arising from such importation.
16	If your order is for delivery inside the UK and the Republic of Ireland, the risk of loss and/or damage (but not title) to goods supplied by us shall pass to you when they are delivered to you or your nominee and we shall not be liable for the safety of the goods thereafter.
17	Ownership of all goods shall remain vested in us (and we reserve the right to dispose of the goods) until we have received payment in full of all debts you owe to us.
Cancellation and Returns
18	Our treasure hunts are tailored and personalised and often distributed digitally. Once purchased, there are no rights to cancellation or refund under the Consumer Protection (Distance Selling) Regulations 2000. If you have queries about a product that are not answered by our website, please contact us before purchase.
19	Our treasure hunt products are copyright and trade mark protected. Products, or parts thereof or content within, may not be copied, divulged or in any way retained, transcribed, transferred or imparted.
Licence The following terms apply to software and other electronic or downloaded products ordered through our website:
20	You may use (load into temporary memory or permanent storage) a single copy of the product on only one computer at a time. If this computer is linked to a network then the product may only be installed in a manner such that it is not accessible to other machines on the network.
21	You may not re-sell, re-brand, rent, lease, lend, alter or copy the product or any part of it or reverse engineer, decompile or disassemble the product or convert it into any other format or medium.
22	All software supplied to you through this website is our property or that of our affiliates or of third parties who have granted us rights and is protected by United Kingdom and international copyright laws. You will only own the disk on which the software is supplied.
Responsibility
23	Our treasure hunts are researched carefully and reviewed regularly to ensure they remain current and accurate. However, as they are based on the real world, occasionally some clues or answers provided may be invalid or incorrect at time of use due to circumstances beyond our control. If you find such an instance, please notify us, however we cannot accept responsibility for any loss incurred.
24	We do not make any representation or give any warranty or undertaking as to the quality of the goods, their correspondence with description or fitness for purpose, or that any trade marks or copyright used on or in connection with the goods do not infringe any intellectual property rights not owned by us.
25	In the case of software or other downloadable electronic product, we do not make any representation or give any warranty or undertaking that the functions of such product meet your requirements or that the media is compatible with any computer system on which it is used or that the operation of the software will be unlimited or error-free. In no event shall we be liable for any damages whatsoever arising out of the installation of such product. You assume responsibility for selecting the product to achieve your intended results and for the installation, use of and results obtained from that product.
26	As far as is permitted by law, all implied warranties, conditions or other terms are hereby excluded. We shall not in any circumstances be liable for any special, indirect, consequential or economic loss (including but not limited to loss of profits, business, revenue, goodwill or anticipated savings) howsoever caused.
27	Treasure Hunts are suitable for the majority of people, and whilst no special levels of fitness are called for, the purchaser is responsible for ensuring that they have taken all reasonable steps to determine and assess any pre-existing conditions that might affect someone's ability to take part. Such conditions could include, but not be limited to, diabetes, heart disease, epilepsy, vertigo, claustrophobia, asthma and existing disabilities or injuries. Purchasers are strongly advised to seek advice from a qualified medical practitioner if in any doubt.
28	The safety and well-being of those taking part, and indeed anyone indirectly involved in the event by those taking part, such as the general public, is the responsibility of the purchaser. Purchasers are strongly recommended to provide a point of contact for participants during the event, to record participants contact details/mobile numbers, to advise participants of the steps to take in case of mishap, illness, accident, theft or emergency and to refuse participation to anyone they consider to be unruly, under the influence of drugs, alcohol, etc. or who is not following safety directions or causing problems or concerns for others.
Copyright
29	Treasure hunts purchased from X Marks The Spot Limited remain the copyright and intellectual property of X Marks The Spot Limited, or its supplier as appropriate, and shall not be lent, resold, hired out, altered or copied in whole or in part, without the express permission of X Marks The Spot Limited or used in any way for commercial gain.
30	You are not permitted to remove or amend any trade mark, copyright or other proprietary notice on any of our products.
31	You acknowledge that all rights in and to any and all copyrights, know how and other intellectual property rights relating to our products are and shall remain our property. You will not at any time do, or cause to be done, any act or thing which impairs or infringes those rights.
Product use
32	All treasure hunts sold on this website are for a single use by the purchaser. The date of use and details of those taking part must be disclosed by the purchaser to X Marks The Spot Limited if so requested.
33	All costs in running and administering the treasure hunt are the responsibility of the purchaser. This could include, but is not limited to, insurance for those taking part, venue hire and equipment hire (such as public address facilities) for briefing and debriefing, administration and resource costs, refreshments, meals, photocopying, signage, medical costs in case of illness or emergency, phone calls, photography, and travel to/from and during the event.
Publicity
34	X Marks The Spot Limited reserves the right to publish (including for its website) details of previous treasure hunts including case studies, photographs or imagery of participants, and comments, testimonials and feedback from those taking part. In accepting these Terms, purchasers on behalf of corporate clients confirm that they have obtained the necessary permissions to allow their company logo to appear on the X Marks The Spot Limited website and/or promotional material if X Marks The Spot Limited so chooses.

These Terms and Conditions and all contracts under these Terms and Conditions are governed by and shall be construed in accordance with the laws of England and all disputes shall be submitted to the exclusive jurisdiction of the English courts.

X Marks The Spot Limited reserves the right to terminate any contract formed under these terms and conditions immediately by written notice and to take action to recover damages suffered by us, or reasonable costs incurred by us, if you breach any of these provisions.

 

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