Terms and Conditions

TERMS AND CONDITIONS

 

Version number: 2.0

Effective date: 07/01/2019

 

  1. Introduction
    1. We are The Literal Challenge Ltd. Our company information is at the end of this document. 

 

  1. Definitions
    1. The following (capitalised) definitions apply in this document: 
      1. “Content” - all information of whatever kind (including submissions, profiles, text, images etc.), uploaded to our Service (including messages sent via our Service).
      2. “Service” – our website, the services we offer by means of our website and any related software and services. 
      3. “User” - persons or organisations using our Service (whether or not registered with us).

 

  1. Applicability of terms and conditions
    1. Please read these terms and conditions carefully. They replace any previous versions. By registering on or using our Service you agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our Service in future.These terms and conditions are available in the English language only.

 

  1. Changes to the terms and conditions
    1. We may change these terms and conditions by posting the new version on our website at least 35 days before they take effect. Please check our website from time to time. You shall be bound by the revised agreement if you continue to use our Service following the effective date shown. 

 

  1. Forming a contract with us 
    1. By first registering on our Service, you offer to enter a legal contract with us.We will send you a confirmation email after you register. This is our acceptance of your offer and the point at which a legally binding contract is formed. Any future challenges are part of this same contract.

 

  1. Right to cancel (“cooling off”)
    1. If you live in the “European Economic Area”, you have the right to cancel this contract subject to the provisions set out below.  

 

    1. However, you lose the right to cancelwhere the supply of digital content began before the end of cancellation period with your specific agreement and you acknowledged that your right to cancel would be lost in such case. (Our writing prompts are digital content.)

 

    1. You lose the right to cancelcontracts for the supply of services which have been fully performed, i.e. completed.

 

 

    1. If you do have the right to cancel, please see the instructions at the end of this document.

 

  1. Your right to use our Service
    1. We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions

 

  1. Who can use our Service?
    1. You shall not use, or attempt to register on, our Service if you are below 18 years of age unless you have the consent of, and only use the Service under the supervision of, your parent or guardian.

 

    1. You shall not use our Service in connection with a business.

 

  1. Challenge rules
    1. All challenges are subject to the FAQs, rules and other requirements set out on our Service.

 

    1. The following rules apply to challenges except to the extent stated otherwise on our Service:
      1. Submissions must be made by the means and in accordance with the deadlines we specify. We are not responsible for submissions which are incomplete, delayed, damaged or not received for whatever reason.

 

      1. For standard entry challenges:
        • We aim to send a claim form to those who successfully complete the challenge (“completers”) within 14 days of the end of the challenge using the contact information you provided us. We don’t guarantee to meet this deadline or that the claim form will be received. It is your responsibility to contact us immediately after the 14 days if you think you are a completer and haven’t received a claim form. 

 

        • Completers have 21 days to send us back the completed form (or any other period stated when we send you back the form). If you don’t comply or if the returned form is incomplete or incorrect (e.g., wrong payment information), you lose your right to receive a share of the challenge pot.

 

        • The challenge pot includes the fees of all of those who have paid to enter that challenge on a standard entry basis. We are entitled to deduct our fees and payment provider fees from the pot. The percentage of such fees is as stated on our Service.

 

        • We aim to distribute each challenge pot within 14 days from the end of the claim form period but don’t guarantee to meet this deadline. 

 

        • There is no guarantee that completers will receive more than the amount of the entry fee – that depends on the number of other completers.

 

        • Once we’ve distributed a particular standard challenge pot, no re-distribution will be made unless we have made a distribution error. If so, you must promptly return any overpayment which we tell you about.

 

      1. In all matters regarding challenges, our decision is final.

 

  1. Acceptable use of our Service
    1. You undertake not to do any of the following in connection with the Service:
      1. breach any applicable law, regulation or code of conduct;
      2. upload any Content (including links or references to other content for public viewing), or otherwise behave in a manner, which:
        • is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
        • infringes any intellectual property or other rights of others;
        • involves phishing or scamming or similar; or 
        • we otherwise reasonably consider to be inappropriate;
      3. upload any Content which includes someone else’s personal information unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
      4. do anything which may have the effect of disrupting the Service including denial of service attacks, worms, viruses, software bombs or mass mailings; 
      5. do anything which may negatively affect other Users’ enjoyment of the Service;
      6. gain unauthorised access to any part of the Service or equipment used to provide the Service; 
      7. use any automated means to interact with our systems excluding public search engines; or
      8. attempt, encourage or assist any of the above.

 

    1. You undertake to:
      1. promptly comply with any reasonable request or instruction by us in connection with the Service; and 
      2. ensure that any contact or other information which you supply to us is accurate and not misleading and you will update it so that it remains so. 

 

  1. Your Content 
    1. You are responsible for your Content. 

 

    1. You guarantee you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions.

 

    1. We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities.  If so, you must not attempt to re-publish or re-send the relevant Content.

 

    1. It is your responsibility to decide which Content to upload (subject to these terms and conditions). We do not accept responsibility if your Content is misused by others as this is outside our reasonable control. Do not upload any Content if you are concerned that it may be misused.

 

    1. It is your responsibility to make your own backup of Content if you wish to keep such material. We will irretrievably delete your Content within 30 days after the end of the relevant challenge (or any alternative periodwhich we may determine.)

 

  1. Other Users and their Content
    1. You accept that we have no obligation to vet or monitor Users or their Content. You rely on such information and/or deal with other Users at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users.  

 

    1. You acknowledge that in using the Service you may encounter behaviour or Content which you consider inappropriate. If so, please email us to our email address shown below{including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g. from law enforcement authorities) and/or stop using the Service. 

 

  1. Other peoples’ services / advertising / websites
    1. We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these.  You use them at your own risk.

 

  1. Guidance
    1. If we ourselves provide any guidance or other general information on our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

 

  1. Your account
    1. Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You undertake not to allow any other person to use your account. You undertake to take reasonable care to keep your login information confidential and to notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password.  You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

 

  1. Payment
    1. Fees to enter challenges are as specified on our website. Payment is in advance.

 

    1. You are legally committed to pay once we confirm your order.

 

    1. If we have mis-priced any part of our Service, we are not obliged to supply the Service, provided we notify you. If we do notify you, then you can decide if you want continue with the Service at the correct price but, if you do not, we will provide a full refund of any payments already made.

 

    1. We may at any time change our prices. The new rate takes effect if you enter a new challenge after we post the new prices on our Service. 

 

    1. You must contact us immediately with full details if you dispute any payment. 

 

  1. Support 
    1. We do not supply support except to the extent specifically stated on our Service, as may be varied from time to time. 

 

  1. Functioning of our Service 
    1. We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service provided these don’t have a seriously negative effect on the Service. 

 

  1. Ending or suspending this contract
    1. You may at any time end this contract by closing your account in accordance with the applicable instructions on our Service. (This doesn’t entitle you to a refund unless you have Consumer “cooling off” rights, explained above.)

 

    1. We are entitled at any time end this contract by email notice without refund if we terminate our Service as a whole.

 

    1. We are entitled at any time (with or without notice) to endthis contract or suspend part or all of our Service or impose restrictions on our Service if:
      1. we have reason to believe thatyou have breached our terms and conditions; 
      2. any fees due to us are unpaid / unjustifiably charged back; 
      3. we think that it is necessary to protect us or others; or 
      4. we are required to do so by law or appropriate authority.

There will be no refund unless we are legally required to provide one.

 

    1. If this contract ends: Your right to use our Service (including any right to a share of a challenge pot) and all licences are terminated. Existing rights and liabilities are unaffected. All clauses in this contract which are stated or intended to continue after termination will continue to apply. You must not attempt to re-register for or continue to use our Service if we have given you notice of termination.

 

  1. Liability
    1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited.In this section, any reference to us includes our employees and agents.

 

    1. Very important: We shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
      1. there is no breach of a legal duty owed to you by us or by any of our employees or agents;
      2. such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract); 
      3. such loss or damage is caused by you, for example by not complying with this agreement;or
      4. such loss or damage relates to a business of yours.

 

    1. Very important: You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).

 

  1. Intellectual property rights
    1. The intellectual property rights in all material used on or in connection with our Service are owned by us or by our partners. For your personal use only, you may view such material on your device.  You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent.   You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.

 

    1. Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent. 

 

    1. If you upload any submissions to our Service, you retain ownership of copyright. You allow us to use the material to provide our Service. We will not otherwise disclose or use such material without your written permission. 

 

  1. Privacy
    1. You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policywhich is subject to change from time to time.

 

  1. Events outside our control
    1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.

 

  1. Transfer
    1. We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

 

  1. English law
    1. This contract is under English law and any disputes will be decided only by the courts of the United Kingdom.  If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found athttp://ec.europa.eu/consumers/odr/Our email address is at the end of this document.

 

  1. General
    1. We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.

 

  1. Complaints
    1. If you have any complaints, please contact us via the contact details shown below. 

 

  1. Company information
    1. Company name: The Literal Challenge Ltd
    2. Trading name: “The Literal Challenge”
    3. Country of incorporation: England and Wales.
    4. Registered number: 11738823
    5. Registered office and trading address: 237 Westcombe Hill, Blackheath, London SE3 7DW, UK.
    6. Contact email address: info@theliteralchallenge.com
    7. Other contact information: See our website.

 

 

RIGHT TO CANCEL (“COOLING OFF”)

 

The following applies if you have the right to cancel this contract (as explained above – note that generally this right will not be applicable because the contract involves the supply of digital content):

 

Right to cancel

  1. You have the right to cancel this contract within 14 days without giving any reason.

 

  1. The cancellation period will expire after 14 days from the day of the conclusion of the contract. 

 

  1. To exercise the right to cancel, you must inform us The Literal Challenge Ltd, 237 Westcombe Hill, Blackheath, London SE3 7DW, UK, email address above(of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.

 

  1. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

 

Effects of cancellation

  1. If you cancel this contract, we will reimburse to you all payments received from you.

 

  1. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

 

  1. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. 

 

  1. If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.

 

MODEL CANCELLATION FORM

 

Complete and return this form only if you wish to cancel the contract:

 

— To The Literal Challenge Ltd, 237 Westcombe Hill, Blackheath, London SE3 7DW, UK, email address above:

— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*], 

— Ordered on [*]/received on [*],

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) (only if this form is notified on paper),

— Date

[*] Delete as appropriate