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Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

1                Terms of website use

1.1            These terms of use (together with the documents referred to in them) tell you the terms of use on which you may make use of our website [pixelgecko.com](“our site”), whether as a guest or a registered user.  Use of our site includes accessing, browsing, viewing content, downloading content, registering to use our site or entering Competitions.

1.2            Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site.  We recommend that you print a copy of these terms for future reference.  

1.3            By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

1.4            If you do not agree to these terms of use, you must not use our site.

2                Other applicable terms

These terms of use refer to our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.  By using our site, you consent to such processing and you warrant that all data provided by you is accurate.  

3                Information about us

3.1            [pixelgecko.com] is a site operated by PIXEL GECKO LIMITED (“we”,“our” “us”).  We are registered in Scotland with company number SC512804 and have our registered office at 4th Floor, 115 George Street, Edinburgh, United Kingdom, EH2 4JN.  Our VAT number is 223067830.

3.2            We are a private limited company.

4                Changes to these terms

4.1            We may revise these terms of use at any time by amending this page.

4.2            Please check this page from time to time to take notice of any changes we make, as they are binding on you.

5                Changes to our site

5.1            We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

5.2            We do not guarantee that our site, or any content on it, will be free from errors or omissions.

6                Accessing our site

6.1            We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.  Access to our site is permitted on a temporary basis.  We may suspend, withdraw, discontinue or change all or any part of our site without notice.  We will not be liable to you if for any reason our site is unavailable at any time or for any period, except that we may refund payments made by you in accordance with section 10.

6.2            You are responsible for making all arrangements necessary for you to have access to our site.

6.3            You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

6.4            We have used reasonable endeavours to ensure that our site complies with Scottish laws. However, we make no representations that our site or the Competitions are appropriate or lawful in locations outside Scotland. If you access our site from other locations you do so at your own risk and are responsible for compliance with all laws applicable to such location. If viewing, accessing or using our site, or entering into a Competition is contrary to, or infringes any applicable law in your place of access or place of residence, you are not authorised to view, access or use our site, or to enter into Competitions, and you must exit our site immediately. You accept that if you are resident outside Scotland, you must satisfy yourself that you are lawfully able to access and use our Site and to enter into Competitions. See section 8 below for further details on Competitions.

7                Your account and password

7.1            If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential.  You must not disclose it to any third party.

7.2            We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

7.3            If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]

8                Competitions

8.1            We will make “spot the ball” and other competitions which require you to exercise skill and judgement available on our site (“Competitions”). Competitions are only available to persons that can form legally binding contracts under applicable law. You must be at least sixteen (16) years old to enter into Competitions on our site.

8.2            Specific rules apply to each Competition. You can find these rules here: FAQ.

8.3            Our site will indicate the opening and closing date for each Competition. Any entries received before the Competition opens or after the closing date and time will not be counted but may still be charged.

8.4            We do not guarantee that Competitions will be free from errors or omissions nor that they will be available uninterrupted. Competitions may be suspended temporarily and without notice in the case of any problem with any network or line, system, server, software, or for any technical malfunction or failure, maintenance or repair or for reasons reasonably beyond our control.

9                Payment

9.1            This clause sets out the procedure which must be completed by you in order for you to make payments through our site.

9.2            You must submit to us a request to make a payment (a “Payment Request”). We may refuse your Payment Request for whatever reason we may in our sole discretion determine. Payment Requests may be submitted only through the form provided upon our site.

9.3            Upon receipt of your Payment Request we shall confirm receipt of such to you using online electronic means only. You are then required to indicate your acceptance by clicking upon the “I Accept” button provided within the body of our confirmation (your “Confirmation”),if you wish to make the payment detailed therein. We reserve the right to limit the period during which our confirmations remain valid. If our confirmation expires before you provide your Confirmation you may be required to recommence the procedure provided for in this clause to make the relevant payment.

9.4            Upon the provision of your Confirmation you will be forwarded to the website of our chosen payment services provider (the “Payment Website”) in order to remit to us the payment. You must remit the payment using the payment methods provided upon the Payment Website. You may not remit the payment using any other method.

9.5            YOU ACKNOWLEDGE THAT THE PAYMENT WEBSITE IS A WEBSITE MADE AVAILABLE BY A THIRD PARTY AND AS SUCH WE DO NOT HAVE CONTROL OVER ITS OPERATION. WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES RELATING TO OR ARISING OUT OF YOUR USE OF OR INTERACTION WITH THE PAYMENT WEBSITE.

9.6            In respect of the Payment Website you undertake and warrant:

9.6.1         to abide by any terms and conditions relating to use of or interaction with the Payment Website;

9.6.2         that any information submitted by you to the Payment Website will not be false, inaccurate or misleading; and

9.6.3         not to engage or attempt to engage in any potentially fraudulent or unauthorised activity or any activity that does or may present a credit or fraud risk to us,the provider of the Payment Website or any third party.

9.7            We reserve the right to request additional information from you in relation to your payment for any reasonable purpose, including to allow us to properly verify your identity, investigate alleged fraudulent activities and to allow us to comply with anti-money laundering obligations. You agree to comply with any request for further information as we reasonably require within such period as we may reasonably require. This may include, without limitation, requiring you to fax, email or otherwise send certain identification documents to us.

9.8            You agree that your provision of information concerning the payment method chosen by you upon the Payment Website (your “Specified Payment Method”) through the Payment Website constitutes your authorisation to us and our service providers to collect (or procure the collection of) the relevant payment from you using the Specified Payment Method. You acknowledge that once you have provided such authorisation, you will not be able to cancel such authorisation.

9.9            You grant to us the right to resubmit (or procure the resubmission of) any payment made by you here under using your Specified Payment Method that is returned for insufficient or uncollected funds.

9.10          You warrant that you have the authority and permission to provide details of the Specified Payment Method and to authorise and permit us to collect (or procure the collection of) the payment using the Specified Payment Method.

9.11          Nothing in these terms and conditions of website use is intended to affect our legal right or that of our service providers in the United Kingdom to impose a surcharge for a debit or credit card transaction under the Credit Cards (Price Discrimination) Order 1990.

9.12          We only accept payments in pounds Sterling. If any payment made by you here under requires a currency conversion to be made, the amount of the exchange rate and any related fees will be determined by the provider of your Specified Payment Method. You shall be responsible for meeting any such fees.

9.13          Any payments made by you here under may appear on any statement provided to you by the provider of your Specified Payment Method under the name of our service providers or in combination with our name, reference or internet address.

9.14          We may, at our reasonable discretion (for example, without limitation, to limit fraud or credit risk), impose limits on the payments you can remit using the Payment Website.

9.15          We may review (or procure the review of) any information you submit through the Payment Website prior to collecting (or procuring the collection of) a payment using the Specified Payment Method. This review may be carried out for fraud prevention purposes. Following such review we may withhold or refrain from collecting (or procuring the collection of) a payment using the Specified Payment Method. Any such review is not a representation by us as to your character or reputation.

9.16          In the event that the provider of your Specified Payment Method acting on your behalf seeks the return of any payment or disputes our authorisation to collect (or procure the collection of) a payment (a “Charge back”) you agree on our request to subrogate or otherwise assign to us your rights against any third parties related to such Charge back,and agree that we may pursue those rights directly or on your behalf as we may in our sole discretion determine. You undertake at our request to support a Charge back by filing and supplying to us a copy of a police report.

9.17          You undertake not to use your Specified Payment Method:

9.17.1       in a manner that results in or may result in Charge backs, or liability for us to pay any sums, including without limitation any fees or fines to any third party;

9.17.2       in a manner that we or any financial institution reasonably believe to be an abuse of the banking industry’s reversal process, credit card system or a violation of credit card association rules, or in a manner that results in or may result in any liability to, complaint by or dispute with any third party;

9.17.3       to test credit card behaviour; or

9.17.4       when you have a rating within any credit reporting agency indicating a high level of risk associated with your use of services the same or similar to the Specified Payment Method.

9.18          When you remit payments to us you are liable to us for the full amount of the payment plus any additional sums due to be paid by us to any third party if your payment is later invalidated for any reason other than in the event of a valid Charge back (including without limitation any fees or fines due to be paid to third parties if we successfully dispute a Charge back or if the collection of the payment is declined by the provider of your Specified Payment Method due to insufficient funds).

9.19          We make no representation or warranty regarding the amount of time taken to complete transfer of a payment from the provider of your Specified Payment Method to us.

9.20          You agree that we may satisfy any liability of you to us in full through use of your Specified Payment Method.

9.21          You consent to the providers of the Payment Website and your Specified Payment Method disclosing to us information concerning any payments made by you here under and details of your Specified Payment Method and our subsequent disclosure of this information in so far as may be necessary to enable us to properly and fully exercise our rights under these terms and conditions of website use

10              Refund

10.1          If you are unable to enter a Competition because of an error on our site or because we have suspended access to our site and you have made any payment in advance for the Competition, we will refund these amounts to you.

10.2          If we issue a refund to you in accordance with section 10.1, such refund shall be in full satisfaction of any loss or disappointment suffered by you as a result of being unable to enter into the Competition.  

11              Our liability to you

11.1          We do not exclude or limit in any way our liability for:

11.1.1       death or personal injury caused by our negligence or the negligence of our employees, agents, subcontractors or third party service providers; or

11.1.2       fraud or fraudulent misrepresentation; or

11.1.3       for any other liability that cannot be excluded or limited by Scottish law.

11.2          To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

11.3          Other than where we issue a refund under section 10 and subject to clause 11.4, we will not be liable to any user for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or use of or reliance on any content displayed on our site.

11.4          If you are a Competition winner and are entitled to a prize, we are responsible for providing you with the prize. If we fail to do so our liability to you will not exceed the value of the prize you were entitled to.

11.5          If you are a business user, please note that in particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage. If you are a business user you are not permitted to transfer or resell to any person the right to use our site or enter into Competitions.  

11.6          If you are a consumer user, please note that we only provide our site for domestic and private use.  You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.7          We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, mobile or handheld device, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

11.8          We assume no responsibility for the content of websites linked on our site.  Such links should not be interpreted as endorsement by us of those linked websites.  We will not be liable for any loss or damage that may arise from your use of them.

12              Intellectual property rights

12.1          We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

12.2          You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.

12.3          You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

12.4          Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

12.5          You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

12.6          If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

13              Uploading content to our site

13.1          Whenever you make use of a feature that allows you to submit comments, reviews, documents, text, video, audio, multimedia content or any other content (“Content”),to our site, or to make contact with other users of our site, you must comply with the spirit and the letter of the standards set out in this section 13. The standards apply to each part of any Content as well as to its whole.

13.2          All Content submitted to our site must:

13.2.1       comply with applicable law in the UK and in any country from which it is posted;

13.2.2       be accurate (where it states facts);

13.2.3       be genuinely held (where it states opinions); and

13.2.4       be relevant.

13.3          Content submitted to our site must not:

13.3.1       infringe any copyright, database right or trade mark of any other person;

13.3.2       disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal information in respect of any individual other than where you have the express permission of that individual to disclose such information subject to and in accordance with these terms of website use;

13.3.3       contain any material which is defamatory of any person;

13.3.4       contain any material which is obscene, offensive, hateful or inflammatory;

13.3.5       promote or contain sexually explicit material;

13.3.6       promote violence or contain images of violence;

13.3.7       promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

13.3.8       be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

13.3.9       promote any illegal activity;

13.3.10     be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

13.3.11     be likely to harass, upset, embarrass, alarm or annoy any other person;

13.3.12     give the impression that they emanate from us, if this is not the case;

13.3.13     be used to impersonate any person, or to misrepresent your identity or affiliation with any person; and/or

13.3.14     advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

13.4          You warrant that any and all Content which you upload to our site complies with the standards set out in clauses 13.2 and 13.3, and you will be liable to us and indemnify us for any breach of that warranty.  If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

13.5          Any Content you upload to our site will be considered non-confidential and non-proprietary.  

13.6          We will not be responsible, or liable to any third party, for the Content or accuracy of any Content posted by you or any other user of our site.

13.7          The views expressed by other users on our site do not represent our views or values.

14              Breach and suspension

14.1          We will determine, in our discretion, whether there has been a breach of these terms of use. When a breach of these terms has occurred, we may take such action as we deem appropriate.

14.2          Failure to comply with the standards in clause 13 constitutes a material breach of these terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

14.2.1       immediate, temporary or permanent withdrawal of your right to use our site;

14.2.2       immediate, temporary or permanent removal of any posting or Content uploaded by you to our site;

14.2.3       issue of a warning to you;

14.2.4       legal proceedings against you for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

14.2.5       further legal action against you; and

14.2.6       disclosure of such information to law enforcement authorities or other regulatory bodies as we reasonably feel is necessary.

14.3          We may also take any of the actions set out in section 14.2 and / or section 7.2 if you:

14.3.1       commit a serious breach of these terms of use; and / or

14.3.2       you enter into a Competition or Competitions in a way which is misleading, dishonest or fraudulent.  

14.4          We exclude liability for actions taken in response to breaches of these terms. The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate.

15              No obligation to moderate

We will do our best to assess any possible risks for users when third parties upload Content to our site, and we will decide in each case whether it is appropriate to use, moderate or remove Content. However, we are under no obligation to oversee, monitor or moderate any Content uploaded to our site, and we expressly exclude our liability for any loss or damage arising from Content uploaded to our site in contravention of these terms.

16              No reliance on information

16.1          The content on our site is provided for general information only.  It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

16.2          Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

17              Viruses

17.1          We do not guarantee that our site will be secure or free from bugs or viruses.

17.2          You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

17.3          You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.  

17.4          You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.  By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.  We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use our site will cease immediately.

18              Linking to our site

18.1          You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

18.2          You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

18.3          You must not establish a link to our site in any website that is not owned by you.

18.4          Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

18.5          We reserve the right to withdraw linking permission without notice.

18.6          The website in which you are linking must comply in all respects with the content standards set out in these terms of website use.

18.7          If you wish to make any use of content on our site other than that set out above, please send us a message via the contact page.

19              Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

20              Applicable law

20.1          If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by Scottish law.  You and we both agree to that the courts of Scotland will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of England or Wales,you may also bring proceedings in England or Wales.

20.2          If you are a business, these terms of use, their subject matter and formation (and any non-contractual disputes or claims) are governed by Scottish law.  We both agree to the exclusive jurisdiction of the courts of Scotland.

21              Contact us

To contact us, please email us at [email protected]

Thank you for visiting our site.