Terms of Use - Hyde Park Winter Wonderland

Welcome to the Hyde Park Winter Wonderland website (“Website”). The Website is for your personal entertainment, information, education, and communication. Please feel free to browse and use the Website at any time. By doing so and using the Website, you are subject to the terms and conditions set out here (the “Terms of Use”) of the Website. By accessing the Website or registering with the Website, you accept, without limitation or qualification, the following Terms of Use. If you do NOT accept the Terms of Use, then please discontinue your use of the Website. For more information about how we collect and process your data, please visit our Privacy Policy.

1 Owner

The Website is owned and operated by P W R EVENTS LIMITED PWR Events (company registered number 03827071) with registered offices at Building Six, Chiswick Park, 566 Chiswick High Road, London W4 5HR (and referred to in these Terms of Use as “PWR Events”). Please read these Terms of Use carefully, they are the terms of use for the Website provided by PWR Events.

2 Access and use

Use of or registration with the Website constitutes your acknowledgement and acceptance of these Terms of Use, which take effect on the date on which you first use, access, or register with the Website. You are granted a personal, revocable, non-exclusive, non-transferable right to access and use the Website, for non-commercial use only, in accordance with these Terms of Use. By registering with, accessing, using, downloading materials from and/or uploading materials to the Website, you agree on your own behalf and on behalf of each entity and person on whose behalf you act to abide by these Terms of Use. If these Terms of Use are not accepted, you do not have permission to access the contents of the Website and therefore must not access or use and must cease to use the Website immediately. PWR Events reserves the right to change these Terms of Use at any time by posting changes online and/or to the Mobile App and it is your responsibility to refer to and comply with these Terms or Use on accessing the Website. Your continued use of the Website after changes are posted constitutes your acceptance of these Terms of Use as modified. If there is any conflict between these Terms of Use and rules and/or specific terms of use appearing on the Website relating to specific material then the latter shall prevail.

3 Registration, Passwords and Security – Our Privacy Policy

Should PWR Events choose to provide member-based services (“Services”) on the Website, when you register to use these Services, you may be required to provide certain personal data about yourself. You agree to provide true, accurate and complete information about yourself, and to update your information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if PWR Events suspects that your information is untrue, inaccurate, or incomplete, then PWR Events may, in its sole discretion, suspend, terminate, or refuse future access to your membership in these Services. Some of our events are run by companies within our group of companies or joint venture companies we have created with our partners or with licensees within the UK or Internationally. Any personal data provided at points of registration on the Website will be subject to the Privacy Policy which can be read by clicking here. Upon any registration on our Website, you are responsible for maintaining the confidentiality of your username and password and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website and will not be liable where your username or password is used by someone else. If you know or believe that your username and password have been stolen or otherwise compromised, you will notify PWR Events immediately by email at [email protected] (this e-mail address is being protected from spambots. You need JavaScript enabled to view it).

4 Property, Privacy Policy and Postings

4.1 PWR Events may collect all or any portion of the data you transmit, post on or submit via the Website and any data associated with the Website or your use of the Mobile Apps and the Services (collectively, “Content”). PWR Events may use this information and information about you to: (a) provide, maintain, and improve the Website, the Services and other products and services that may be offered by PWR Events, or on behalf PWR Events, from time to time; (b) communicate with you about products, services, offers, surveys, contests, promotions, rewards and events offered by PWR Events and others; (c) provide news and information PWR Events determines may be of interest to you; (d) personalize the Website and the Services and provide advertisements, content, or features that match user profiles and interests; (e) monitor and analyse trends, usage, and activities in connection with the Website and the Services; and (f) respond to your questions, comments and requests. If you do not wish for PWR Events to communicate with you in regard to (b) and (c) above, you may opt-out of future communications by clicking the “unsubscribe” link in any such communication or by contacting PWR Events at [email protected] (this e-mail address is being protected from spambots. You need JavaScript enabled to view it). To the extent that you provide us with any personal data relating to another individual, you must ensure that you have obtained the consent of this individual to the collection, use and/or disclosure of his/her personal data in accordance with the Privacy Policy and you represent and warrant to us that you have obtained such consent prior to providing us with this personal data. For more information about how we collect and process your data, please visit our Privacy Policy.

4.2 You hereby irrevocably and unconditionally assign to PWR Events (by way of present assignment of present and future copyright) and in perpetuity all rights of any nature in and to your Content (including, without limitation, intellectual property rights) throughout the world including all renewals and reversions thereof. You hereby agree to waive all rights known as “droit moral” or moral rights (as described in Part I, Chapter IV of the Copyright Designs and Patents Act 1988) and any similar rights of authors anywhere in the world (whether now existing or hereafter created) in your Content. You agree, in such, circumstances, that you are not entitled to any compensation from PWR Events or any of its associated companies.

4.3 PWR Events may share the Content and any information associated with the Content or your use of the Website and the Services as follows: (a) with PWR Events’ parent company, WME IMG, LLC, and other entities within the William Morris Endeavor and IMG corporate family (including our joint venture company with AGT GmbH International), for the purposes outlined above; (b) with distributors, resellers, and channel partners in connection with our provision, maintenance, or improvement of the Website and the Services and other products and services offered by PWR Events, or on behalf PWR Events, from time to time, where permitted by applicable law; (c) with vendors, consultants, and other service providers who need access to such information to carry out work on PWR Events’ behalf; (d) in response to a request for information if PWR Events believes disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation; (e) if PWR Events believes your actions are inconsistent with this Terms of Use, or to protect the rights, property and safety of PWR Events or others; (f) in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of PWR Events business to another company; and (g) with your consent or at your direction or as otherwise permitted by law.

4.4 PWR Events may aggregate all or any portion of the Content and any information associated with the Content or your use of the Website and the Services (collectively, “Aggregated Data”). PWR Events shall own exclusive rights, including without limitation all intellectual property rights, in and to the Aggregated Data and shall be entitled to the unrestricted use and sharing of the Aggregated Data for any purpose, commercial or otherwise, subject to compliance with applicable data protection and privacy law.

4.5 Content (excluding account information, payment information, and other similar information) will not be treated as confidential, unless required by applicable law.

4.6 You are prohibited from posting, transmitting to or submitting via the Website any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred or otherwise objectionable, discriminatory, degrading, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience or have the effect of being harassing; or

(b) for which you have not obtained all necessary licences and/or approvals; or

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party in, the UK or any other country in the world; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.7 You must not misuse the Website (including, without limitation, by hacking and/or accessing or attempting to access the accounts of other users). PWR Events shall be entitled fully to co-operate with any law enforcement authorities or court order requesting or directing the PWR Events to disclose the identity or locate anyone posting any material in breach of these Terms of Use.

4.8 The Website must be used only for lawful purposes, in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Website by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Website. Further, by way of example and not limitation you shall not use any posting or any area of the Website:

(a) to harm children in any way including without limitation any offences in relation to grooming of children online under UK law or under any similar laws in any jurisdiction; or

(b) to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation or relationship with any person or entity or disguise the origin of any content; or

4.9 We reserve the right to monitor, suspend, restrict or terminate your access to the Website or to monitor, suspend, remove, destroy, copy or use any content that is posted on the Website (of any nature and however it may have been inserted or posted) at any time without notice at our discretion.

4.10 The Terms of Use automatically apply to the use of any forum we may include on our Website.

4.11 Whilst we endeavour to publish up-to-date information on the Website, the information may nevertheless become out of date over time. To the extent permitted by all relevant laws, no liability is accepted by us or any of our affiliates for any inaccuracy or incompleteness of the Website or for the failure to update the information contained on the Website.

4.12 PWR Events may display advertisements and promotions from third parties on the Website or may otherwise provide information about or links to third-party products or services on the Website (“Third-Party Content”). Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We do not independently verify Third-Party Content, make no representation as to its accuracy, and assume no responsibility or accept any liability (to the extent permitted by any applicable law) for your use of any Third-Party Content and any consequences of that use, including, without limitation, any damages, injuries or results that may result from its use. Any forum or chat room we may provide is intended as a service to its members and the general public and if we give you the opportunity to display, post, stream, submit, transmit and/or exchange your ideas, information, opinions, works (including but not limited to photographs, images, video, creative works or other information, messages, transmissions or material to or with us, on the Website or to others (“Post” or “Postings”) we do not endorse any Posting and it does not reflect the views of PWR Events or any of its associated companies.

4.13 Any offers or promotions made available to you via the Website are subject to availability and may be subject to further conditions including, without limitation, conditions in respect of goods and services the provision of which are subject to age restrictions.

4.14 Submissions by visitors to the Website, including feedback data such as questions, comments, suggestions regarding the content of the material on the Website shall be deemed to be non-confidential and in the public domain. We shall have no obligation of any kind with respect to such submission and, by submitting any such feedback, information, data or any material whatsoever, you hereby consent that PWR Events or any of its affiliates shall be free to reproduce, use, disclose, and distribute the information that such submissions contain to others without limitation. Potential uses may include, without limitation, use of ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, such as, for example but not by way of limitation, all forms of communication to the public (in all technological mediums whether now known or as may be developed in the future), rental or lending, developing, manufacturing and marketing products incorporating such information.

5 Copyright and Other Intellectual Property

5.1 The names, images and logos identifying PWR Events, the Services and any of PWR Events associated companies or third parties and their events, programmes, products and services are proprietary marks of PWR Events, its associated companies and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under or in respect of any intellectual property rights of PWR Events, its associated companies or any other third party.

5.2 The Website contains material that is derived in whole or in part from material supplied and owned by PWR Events and from other sources. All copyright, trademarks and other intellectual property rights in the Website (including the design, arrangement and look and feel) and all material or content supplied as part of or via the Website shall remain at all times the property of PWR Events or PWR Events licensors. You agree that you do so only for your own personal, non-commercial use. You must not permit or assist in any way any third party to, copy, reproduce, republish, download, post, store (including in any other web site or medium), distribute, transmit, broadcast, commercially exploit or modify in any way such material or content without PWR Events prior written permission.

6 Links to and from other websites

6.1 PWR Events does not control and is not responsible for the availability or content of any third party websites or material you access through the Website. Links to third party websites or material on the Website are provided solely for your convenience. If you decide to visit any linked site or materials, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. PWR Events does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or materials (including payment for and delivery of such products or services).

6.2 PWR Events is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or materials. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.

6.3 You may create links to the Website provided you have first entered into our Website linking licence (please contact us further on [email protected]. This e-mail address is being protected from spambots. You need JavaScript enabled to view it).

6.4 PWR Events expressly reserves the right to revoke the right granted in this paragraph 6 for breach of these Terms of Use and to take any action it deems appropriate.

6.5 To the extent permitted by law, PWR Events disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to or from the Website.

6.6 Links do not imply that PWR Events endorses, is affiliated or associated with any linked website or materials, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of PWR Events or any of its affiliates or licensors.

7 Competition Standard Terms

7.1 This paragraph 7 applies in relation to your participation in any competitions we may run or promote on the Website. These Competition Standard Terms form part of the Terms of Use generally for the Website and both sets of terms are expressly incorporated into any specific terms for any of our competitions. To the extent of any conflict between these Competition Standard Terms, the Terms of Use and any specific terms for a competition, the relevant specific terms shall apply, then these Competition Standard Terms and then the Terms of Use. PWR Events or any of its associated companies reserve the right to disqualify your entry from any competition and/or withhold any prize if we have reasonable grounds to believe that you have breached any of these Competition Standard Terms, Terms of Use or any specific rules of any competition (all three together are referred to as “Competition Terms”).

7.2 To enter a competition and to be eligible to win a prize you must: (a) be resident in the United Kingdom (unless permitted otherwise in the specific terms of a competition), the Channel Islands or the Isle of Man; (b) be 18 years of age or over (or of the age specified in the competition and, if children are stated to be eligible to enter a competition, then you must have the express consent of your parent or guardian); (c) not be an employee of PWR Events or any of its related companies or any service provider (or employee or agent thereof) to PWR Events or a member of the family, friend or acquaintance of any of the above; and (d) comply with these Terms of Use and any rules specific to the competition. All entry instructions communicated by PWR Events will form part of the Competition Terms.

7.3 By entering any competition and/or accepting a prize from PWR Events you warrant that you have complied, and shall continue to comply, with these Competition Terms. Subject to the Privacy Policy and applicable data protection and privacy law, by entering any competition, you agree to take part in publicity at PWR Events request and/or to allow PWR Events to use your name, image and/or town of residence in such promotional materials as PWR Events sees fit whether now or in the future and anywhere in the world, without further compensation.

7.4 All entries must be made in the entrant’s own full name. Where applicable, PWR Events will only issue prize cheques made payable in the winner’s name as given to PWR Events at the time of entry.

7.5 Closing Date: the closing date for a competition is the date and/or time as stated in the instructions for the respective competition and, unless otherwise stated, entries must be received by PWR Events on the closing date by the following times (in accordance with the method as permitted in the relevant competition rules:

(a) midnight for entries by email and/or online; or

(b) 5pm for entries by post or other method; or

(d) as may be otherwise directed in respect of competitions on live or as-live programming.

7.6 Where competitions are by telephone or SMS, the costs of entry will be stated in the relevant specific terms of the competition.

7.7 One entry per household unless expressly stated otherwise in the relevant specific terms.

7.8 There are no prize substitutions or cash alternatives and the prizes are not transferable. PWR Events reserves the right to select an alternative winner and award the prize to another entrant in the event that:

(a) it has reasonable grounds for believing that an entrant has contravened any term or condition of entry;

(b) a winner has changed address to one outside of United Kingdom, Eire, the Channel Islands or the Isle of Man after the closing date;

(d) it does not receive confirmation of the winner’s address as may be requested within 24 hours.

7.9 PWR Events will have sole and absolute discretion as to whether to accept any entry and PWR Events may rely upon its own records and information in determining whether contestants are eligible to receive a prize.

7.10 In any matters concerning any part of the competition or any part of the solution to the competition, whatsoever, PWR Events decision will be final and no correspondence or discussion shall be entered into with you or with any other person acting on your behalf regarding the decision whatsoever.

7.11 A winner will generally be notified either by email, telephone or post within 14 days of the relevant closing date or such other times as may be specified by PWR Events in its absolute discretion.

7.12 Subject to confirmation by PWR Events of the winner’s address as may be requested, the winner will generally receive the prize within six to eight weeks from the closing date or as set out in any specific terms for the respective competition.

7.13 No responsibility can be accepted for entries lost, delayed, misdirected, damaged or undelivered. Incomplete, inaudible and/or illegible entries will be disqualified. PWR Events shall not be responsible for technical errors in telecommunications networks, internet access or otherwise preventing entry to any competition.

7.14 Where any prize involves travel, all arrangements, including but not limited to travel times and dates, shall be in accordance with the restrictions specified by PWR Events and, unless stated otherwise in writing, shall take place within 12 months of the relevant closing date. Winners are advised to obtain all necessary travel insurance, obtain any necessary medical advice for their trip and confirm all necessary travel documents, including a passport, prior to any travel.

7.15 PWR Events shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the winner(s) under these Competitions Terms if such delay or failure is caused by circumstances beyond its reasonable control including without limitation delays, changes, disruptions, cancellations, diversions or substitutions howsoever caused including without limitation, war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural catastrophes arising without limitation out of or in connection with the activities of any third party and/or any form of transportation (including but not limited to flights, trains, coaches, buses, ferries, taxis or cars). For the avoidance of doubt, the winner(s) shall be solely liable for any additional costs incurred as a result.

7.16 To the extent permitted in law, PWR Events shall not be liable to the winner(s) for any loss or damage howsoever caused (whether in contract, tort or statutory duty or otherwise) arising out of or in connection with the competition and/or prize other than death or personal injury caused by negligence of the Promoter and/or the Promoters personnel and/or deceit or fraud by Promoter and/or Promoter’s personnel.

7.17 Any personal data collected by PWR Events in connection with a competition will be used in accordance with PWR Events Privacy Policy. If entrants do not want PWR Events to use their personal data in this way, entrants can tell PWR Events when entering the competition or at any time by emailing PWR Events at [email protected] (This e-mail address is being protected from spambots. You need JavaScript enabled to view it.) or by writing to PWR Events address, provided above, marked for the attention of The Data Protection Officer.

7.18 A list of winners for each competition can be obtained by sending a stamped addressed envelope marked clearly “[INSERT NAME OF THE RELEVANT COMPETITION]” to PWR Events within 30 days from the date of the closing date of the competition.

7.19 Competitions Terms shall be governed by and construed in accordance with the laws of England and in relation to any disputes arising therefrom, shall be subject to the exclusive jurisdiction of the courts of England.

8 Disclaimer

8.1 While PWR Events endeavours to ensure that the information and other materials created by us and included on the Website are correct, such information and other materials may contain, inter alia, inaccuracies and typographical errors. PWR Events does not warrant the accuracy or completeness of any information or materials on the Website or the reliability of any statement or other information displayed or distributed through the Website (including, without limitation, the availability of a particular programme and/or the information provided by third parties through the use of the Website). You acknowledge that any reliance on any such statement or information shall be at your sole risk. PWR Events reserves the right, in its sole discretion, to edit at any time any part of the Website and to make changes to the Website and to any events materials, products, programmes, programs, services or prices described in the Website at any time without notice.

8.2 The material on the Website, including but not limited to the information, names, images, pictures, logos and icons relating to the Website, PWR Events and/or any of PWR Events associated companies, events, programmes, products and services (or to third party programmes, products and services) is provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement being made and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

8.3 PWR Events does not warrant (and none of its associated companies warrant) that the functions contained in the Website will be uninterrupted or error free or that any defect will be corrected or that the Website or the content available on or via the Website or the server that makes either available are free of viruses or bugs. PWR Events does not represent (and none of its associated companies represent) the full functionality, accuracy or reliability of any material. PWR Events may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, at any time without notice or liability.

8.4 The Application Store Providers (as defined below) have no warranty obligation whatsoever with respect to the Mobile App or the Services and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Mobile App.

9 Exclusion and Limitation of Liability of PWR Events

9.1 Subject to 9.3, PWR Events, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of PWR Events associated companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort including without limitation negligence, contract or otherwise) in connection with

(a) the Website in any way; or

(b) the materials on or removed from the Website;

(d) the use, inability to use or the results of use of the Website;

(e) any websites linked to the Website or the material on such websites.

9.2 Clause 9.1 applies but is not limited to loss or damage due to communication-line failure, delay in operation or transmission, destruction, network or system outage, theft, unauthorized access, viruses or corrupt files that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. This shall apply even if PWR Events or any of its associated companies or licensees have been notified of the possibility of any damage.

9.3 Nothing in these Terms of Use shall exclude or limit PWR Events liability for:

(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or

(b) fraud; or

(d) any liability, which cannot be excluded or limited under applicable law, including without limitation consumer protection law.

9.4 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

9.5 Without prejudice to any of the provisions in this paragraph 9, the liability of PWR Events shall not exceed the amount, if any, paid by you to access this Website or 10 pounds, whichever is greater.

10 Your Responsibilities and Indemnity

10.1 By transmitting, posting on or submitting any Content via the Website you:

(a) warrant that you are over 18 or (where you are not over 18) that you have permission from a parent or guardian to use the Website and that they have read and discussed these Terms of Use with you;

(b) warrant all information provided by you to PWR Events is true, accurate and up to date in all respects;

(c) warrant your contribution is your own original work and you have the right to submit it and assign to PWR Events all rights in it and it will not infringe the rights of any third party or breach any laws; and

(d) irrevocably waive any moral rights in your submission.

10.2 You hereby agree to indemnify and keep indemnified PWR Events and any of its associated companies and licensees from and against all claims, damages, expenses, costs and liabilities arising in any manner from your breach of any of these Terms of Use.

10.3 In the event of any claim that the Website, or your possession or use thereof, or the Services infringe any intellectual property rights of a third party, you agree to contact PWR Events directly, and the Application Store Providers will not be responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim. PWR Events will, at its option and expense, terminate the licence granted herein, settle, or defend the claim.

11 Mobile App

11.1 This Term of Use is a binding agreement between you and PWR Events, and not with Apple Inc. or Google Inc. (the “Application Store Providers”). PWR Events, not the Application Store Providers, is solely responsible for the Mobile App and the content thereof and for the Services.

11.2. Ownership of Mobile App. The Mobile App is the valuable property of PWR Events and our licensors and is protected by copyright and other intellectual property laws and treaties. PWR Events, and our licensors, own all right, title and interest in and to the Mobile App, including all copyright and other intellectual property rights therein.

11.3. Licence for the Mobile App. The Mobile App is licensed, not sold. Subject to the terms and conditions of this Terms of Use, PWR Events grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to install and use the Mobile App on certain iOS and Android products (each, a “Device”) that you own or control and where appropriate, as permitted by the “Usage Rules” set forth in the App Store Terms of Service and the “Using our Service” rules in the Google Terms of Service (collectively, the “Usage Rules”). PWR Events may provide updates and upgrades to the Mobile App from time to time. The terms of this licence will govern any updates or upgrades provided by PWR Events that modify, replace or supplement the original Mobile App, unless such update or upgrade is accompanied by a separate licence in which case the terms of that separate licence will govern.

11.4. Licence Restrictions. The licence granted to you under Section 11.3 of this Terms of Use does not allow you to do any of the following: (a) use the Mobile App on any Device you do not own or lawfully control; (b) distribute, copy, license, rent, sell, publish, lease, assign or otherwise transfer the Mobile App (except as expressly permitted by this Terms of Use or the Usage Rules) or any proprietary materials of PWR Events to any third party; (c) reverse engineer, decompile, disassemble, or attempt to discover any source code or trade secrets related to the Mobile App or any proprietary materials of PWR Events; (d) modify, alter or create any derivative works of the Mobile App or based on any proprietary materials of PWR Events; (e) remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notice on or in the Mobile App; (f) work around any technical limitations in the Mobile App; or (g) use the Mobile App for purposes for which it was not designed. Unless explicitly stated herein or otherwise by PWR Events, nothing in this Terms of Use shall be construed as conferring any licence to intellectual property rights, whether by estoppel, implication or otherwise.

11.5. Product Claims. PWR Events, not the Application Store Providers, is responsible for addressing any questions, comments or claims relating to the Mobile App or your possession and use of the Mobile App, including but not limited to: (a) product liability claims; (b) any claim that the Mobile App fails to conform to the applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. If you have any questions or comments, please contact PWR Events at the address above or by email at [email protected]. This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

11.6. Third-Party Beneficiaries. The Application Store Providers and their subsidiaries are intended third-party beneficiaries of this Terms of Use. Upon your acceptance of this Terms of Use, the Application Store Providers will have the right (and will be deemed to have accepted the right) to enforce this Terms of Use against you as a third-party beneficiary thereof.

12 Purchasing Concessions

12.1 Transactions. You may have the ability to purchase food, drinks, retail merchandise and other similar concessions at Hyde Park Winter Wonderland (“Concessions”) through the Services. Except as described in these Terms of Use, we have no responsibility for any transactions you enter into with a third party for Concessions and assume no liability for Concessions that are purchased through the Services.

12.2 Account. You must be a registered user in order to purchase Concessions through the Services. You are responsible for all charges incurred in connection with your account. PWR Events may attempt to collect unpaid charges, including by attempting additional charges to your payment instrument, use of collections agencies and any other legal means. If you decide to cancel your account, PWR Events reserves the right, subject to any limitations under applicable laws, to collect fees, surcharges, or costs incurred before cancellation. Any delinquent or unpaid accounts must be settled before PWR Events will allow you to register again.

12.3 Pricing and Payment. We may accept various forms of payment, including cash, credit and debit cards and other payment systems, including payment systems provided by third parties. If you use third party payment providers to make a payment, additional terms will apply.

Unless otherwise indicated, the purchase price of Concessions will be billed in full at the time you make your purchase. By submitting an order, you acknowledge that you are authorized to use the designated payment method and you authorize us to charge your order to that payment method. When you provide your payment information, you authorize us (or a third party payment processor) to process and store your payment and related information. In the event the payment method you designate cannot be verified, is invalid, or is not otherwise acceptable, we may suspend or cancel your order. You are responsible for resolving any problems we encounter in order to proceed with your order. Prices are subject to change without notice. We reserve the right to refuse or cancel orders at any time and in our sole discretion.

12.4 Taxes. If your use of the Services (including your purchase of Concessions) is subject to any type of use or sales tax, duty or other governmental tax or fee (“Taxes”“), then we may charge you for those Taxes. Applicable Taxes may be presented at checkout. You are responsible for any Taxes due with respect to your use of the Services or Concessions.

12.5 Cancellations; Returns. All purchases of Concessions are final except as required by law. You consent that the supply of the Concessions may begin immediately following the completion of your purchase and you acknowledge that you therefore will lose any statutory rights you may have to withdraw and receive a refund. If you are unable to access or consume Concessions, please contact us at the address above or by email at [email protected]. This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

12.6 Errors. We attempt to be as accurate as possible and to eliminate errors on our Website; however, we do not represent or warrant that any Concession descriptions or pricing information are accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.

12.7 Regulated Concessions. You may not purchase any regulated Concessions such as alcoholic beverages and other similarly regulated Concessions unless you are permitted to do so under applicable law. You may not purchase any alcoholic beverages unless you are at least 18 years of age, and you may not provide any alcoholic beverages to any other individuals unless they are at least 18 years of age.

13 No Export

You may not use or otherwise export or re-export the Website or any content contained therein, except as authorized by applicable law

14 Legal Compliance

You agree to comply with all applicable laws and regulations, including export control laws, and all applicable third-party terms or agreements in the use of the Website and the Services.

15 Remedy

Notwithstanding any clause in this Terms of Use which provides for a specific remedy, we reserve the right to seek all remedies available by law and in equity for any violation of this Terms of Use. Any rights not expressly granted herein are reserved.

16 Survival

The following clauses will survive the expiration or termination of this Terms of Use and the termination of your PWR Events account: Clauses 1, 3, 4, 5, 8, 9, 10, and 13-19.

17 Modifications

PWR Events reserves the right to modify or discontinue, temporarily or permanently, the Website or the Services (or any features or portions thereof) without prior notice. You agree that PWR Events will not be liable for any modification, suspension or discontinuance of the Website or the Services (or any part thereof).

18 Law And Jurisdiction

18.1 These Terms of Use shall be governed by and construed in accordance with English law. Disputes arising therefrom shall be exclusively subject to the jurisdiction of the English courts. To the extent permitted in law, any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises.

18.2 If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction in which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining Terms of Use shall survive and continue to be binding and enforceable.

18.3 PWR Events neither warrants nor represents that materials on the Website will not infringe any third party rights. PWR Events makes no representation that the materials in the Website are appropriate or available for use in other locations and other countries. If you choose to access the Website from other locations or other countries you do so at your own risk and choice and are responsible for compliance with local laws in that territory, if and to the extent that local laws are applicable.

19 Your Feedback And Complaints

We welcome your questions and comments on our Terms of Use, privacy matters and our Website. Should you have such questions or comments or have a complaint about how we are using your personal data, please send an e-mail to [email protected]. This e-mail address is being protected from spambots. You need JavaScript enabled to view it.