The following terms (the "Terms of Website Use") set out, are the terms on which you may use the Website whether you are using the website as a guest or as a registered user. Use of the Website includes accessing, browsing, or registering to use the Website. We recommended that you print a copy of the Terms of Website Use for future reference.
By using the Website, you confirm that you are at least 18 years old, are a UK resident and that you accept these Terms of Website Use. You also agree to comply with them. You further confirm that your use of the Website shall be in compliance with all relevant laws and regulations applicable to you in the United Kingdom.
If you do not agree to the Terms of Website Use, you must not use the Website.
If you have any questions about the Terms of Website Use, please email us at email@example.com and we will be happy to answer any questions.
The definitions set out in this clause shall apply to the Terms of Website Use (except where the context otherwise requires):
"Intellectual Property Rights" means patents, inventions, registered designs, copyright, database rights and design rights, trademarks, service marks, logos, domain names, business names, trade names, moral rights, and all registrations or applications to register any of the aforesaid items in any country or jurisdiction.
The "Website" means the website at www.badgerthebutton.com
The Website is operated by Thirsty Pebble Limited, trading as Badger the Button; a company registered in England and Wales under company number 09978458, at Thirsy Pebble Limited, 1st Floor, 2 Woodberry Grove, Finchley, London, N12 0DR.
Changes to these terms
1. Badger the Button reserves the right to amend the Terms of Website Use at any time by amending this page. New versions of the Terms of Website Use will be effective from the date on which they are posted on the Website. Where changes are made to these Terms of Website Use, users who have registered to use the Website and provided valid e-mail addresses will be sent e-mail notifications notifying them of such changes. We also encourage you to check our website and our Facebook page for any notifications about changes made.
2. By agreeing to these terms, you agree that you will check the Terms of Website Use each time that you use the Website to ensure that you are aware of the version in effect during your visit.
Changes to the Website
Badger the Button reserves the right to update the Website and to remove, add, or change its content and/or functionality at its sole discretion.
Accessing the Website
1. The Website is made available for use free of charge.
2. Badger the Button makes no guarantee that the Website, or any aspect of it, will always be available or that access to it will be uninterrupted. Badger the Button shall have no liability for any inability of any user to access the Website for any reason, whether or not caused by any fault of Badger the Button.
3. Badger the Button reserves the right to suspend, withdraw, discontinue or change any aspect of the Website without notice, however all reasonable attempts will be made to notify users of any changes, wherever practicable. Badger the Button will not be liable to you for any reason if the Website is unavailable at any time or for any period.
Badger the Button Prize Draws
1. If you create an account to use the Website, you will be able to enter free prize draws offered by Badger the Button (each a "Draw" and together the "Draws").
2. All Draws offered by Badger the Button via the Website are free prize draws; these prize draws are not licensable gambling or betting services and are not regulated by the Gambling Commission. By entering any Competition you accept that you are entering into an arrangement solely between you and Badger the Button, and that you will have no right to appeal to or otherwise involve the Gambling Commission (or any other third party) in the event of any dispute.
3. All prize draws will operate as described in the relevant section of the Rules. Before entering a prize draw you warrant that you will read the relevant section of the Rules to familiarise yourself with the way in which that prize draw will be run.
4. You agree that, in the event of any dispute as to the winner of a prize draw, Badger the Button shall have sole authority to decide which, if any, party is the winner of any prize draw. You further accept that Badger the Button shall be under no obligation to enter into any correspondence with users in relation to any dispute.
5. Certain prize draws offered via the Website provide users with a limited window of opportunity to claim any prizes that they may win. By entering such Competitions you specifically acknowledge that you will forfeit your right to any prize that you may become entitled to but subsequently fail to claim during the relevant window.
6. Users of the Website are allowed one account only. Any instances where a user has created multiple accounts to attempt to unfairly increase chances of winning prizes, either by design or through error, Badger the Button reserves the right to declare all entries made by that user to the relevant Competition as invalid and void.
7. If Badger the Button considers that multiple accounts on the Website have been opened by, or are being operated by, one person, all such accounts shall be terminated and all entries by the accounts� owner will be declared void and disqualified from participating in the prize draws or receiving any prizes.
8. Any user that amends their personal details (including without limitation their First Name, Last Name, or Postcode) during a Competition may have their entry submission declared null-and-void if it is believed to be an attempt to manipulate, evade or circumvent the relevant Rules or the terms of these Terms of Website Use.
9. Automatic entries that are received will be given to all players in that draw. Badger the Button reserves the right to change the number of tickets granted automatically at any point. This may be done in order to ensure a balanced and fair draw but will ensure that those who enter the draws do have an advantage over those that don't. This change may not be reflected on the draw page but we guarantee that all players in a draw will always receive the same number of automatic tickets.
10. Upon claiming your win, you will be emailed by a member of the team. It is your responsibility to understand this process and reply to the email in good time. We may send a second email after 24 hours. If we have not received a reply from the latest message sent within 48 hours, we reserve the right to declare your prize unclaimed and use the prize money to fund alternative prizes or use it elsewhere within the business.
Your account and password
1. If you are provided with a user identification code, password or any other piece of information as part of our security procedures for any reason, you must treat that information as confidential and refrain from disclosing it to any third party.
2. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
3. Badger the Button reserves the right to refuse service to you, and to terminate your user account, or to block or suspend access to the Website, at its sole discretion.
4. Badger the Button has the right to disable any user identification code or password, or to terminate any individual user account, 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 the Terms of Website Use or of the Terms and Conditions.
5. If you create any user account on the Website, you accept that it is your responsibility to keep its details valid and up-to-date; Badger the Button shall have no liability for your failure to update your details in this fashion.
6. You accept that you will have sole responsibility for any content that you publish or display on the Website or that you transmit to other users using your account. You undertake and warrant that you shall not upload to the Website any material which you do not have full right and permission to upload, or that the upload of would breach the intellectual property rights of any third party.
7. Content on the Website may include stated facts, views, opinions, advice and recommendations posted by other users. You accept that these views, opinions, advice and recommendations are not endorsed by Badger the Button and, to the maximum extent permitted by law, Badger the Button excludes all liability that may arise as a result of the accuracy, defamatory nature, completeness, timeliness or other defect in the information provided on the Website.
Intellectual property rights
1. Badger the Button is the owner or the licensee of all of the Intellectual Property Rights in the Website, and in the material published on it. All relevant rights are reserved. Nothing in this Agreement, or in your use of the Website more generally, shall serve to transfer any Intellectual Property Rights from Badger the Button to you, nor to generate any right on your behalf over or in any such Intellectual Property Rights owned or licensed by Badger the Button.
2. You hereby grant Badger the Button a perpetual, irrevocable, royalty-free, non-exclusive, worldwide licence to use, in any fashion it sees fit, all Intellectual Property Rights inherent in any content or material that you upload to the Website. You undertake that you will not upload to the Website any content or material that breaches the Intellectual Property Rights of any third party and undertake to indemnify and hold harmless, Badger the Button, against any breach by you of this clause 8.2.
3. You may print off one copy, and may download extracts, of any page from the Website for your personal, non-commercial use.
4. 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.
5. Badger the Button's status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged by you.
6. You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from Badger the Button. Commercial use includes any downloading or copying of account or professional information, or other material or information for the benefit of another enterprise or competitor.
7. The use of any data mining tools (which may, amongst other terms, be referred to as 'robots', 'spiders' or 'web crawlers') or any other similar data-gathering or extraction tools on the Website is expressly forbidden.
8. If you print off, copy or download any part of the Website in breach of these Terms of Website Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No reliance on information
1. The content on the Website is provided for your information only. It is not intended to amount to advice (legal, professional, or otherwise) on which you should rely. You agree that you will obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
2. Although Badger the Button makes reasonable efforts to update the information on the Website, it makes no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.
3. The Website may be accessible from jurisdictions other than the United Kingdom and Northern Ireland; however, nothing on the Website shall imply that any product or service offered therein is being offered for sale, or shall be in any way available, outside of the United Kingdom and Northern Ireland.
Limitation of liability
1. Nothing in these Terms of Website Use excludes or limits Badger the Button's liability for death or personal injury arising from negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
2. To the extent permitted by law, Badger the Button excludes all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
3. Badger the Button will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, the Website; or
use of or reliance on any content displayed on the Website.
4. Please note that Badger the Button provides the Website only for domestic and private use. You agree not to use the Website for any commercial or business purposes, and Badger the Button has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
5. Badger the Button 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, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content from it, or on any website linked to it.
1. Badger the Button does not guarantee that the Website will be secure or free from viruses or other malicious, harmful third-party software.
2. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software and it is your responsibility to install and configure such software before accessing the Website.
3. You must not misuse the Website 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 the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under the Computer Misuse Act 1990 or similar legislation. Badger the Button will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
Linking to the Website
You may link to the Website, provided you do so in a way that is fair and legal and does not damage Badger the Button's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement by Badger the Button without its express permission. The Website must not be framed or reproduced on any other website, nor may you create a link to any part of the Website other than the home page at www.badgerthebutton.com. Badger the Button reserves the right to withdraw linking permission for any reason without notice or explanation, and such right shall be deemed to be automatically withdrawn without notice if you breach the Terms of Website Use.
Third party links and resources in the Website
Communication and Notices
1. By accepting the Terms of Website Use you acknowledge that you consent to receive all communications or notices pertaining to the Terms of Website Use by e-mail or via the Website, and that for the purposes of this agreement all such communications from Badger the Button to you shall be considered to be written communications.
2. You acknowledge that Badger the Button may use your details to contact you for reasons other that those for the Subscription lists, even if you are unsubscribed from them. These may include to notify you of data breaches or ownership changes which may impact your ability or choice to remain on the site or participate in the draws.
3. Upon signing up to the website, you will automatically be added to the subscription lists active at the time of joining. It will be made clear on sign up pages, confirmation emails etc that you must visit the My Account page to opt-out of these communications.
4. Our system will automatically email inactive users after a set period in order to not only remind their account is active, but also to remove inactive users from the draws by placing them in a Holiday Mode. We will send 3 reminders in total, the 3rd being notification that their account is now in Holiday Mode. We may at any point thereafter run database cleaning processes to remove inactive accounts to ensure site optimisation.
5. Our system will remind those who haven't confirmed their email address after 24 hours. Should they not confirm within 7 days from that date, their account will automatically be removed. PLEASE ENSURE THAT WHEN YOU SIGN UP, YOU CHECK SPAM/JUNK FOLDERS IF YOUR EMAIL DOESN'T ARRIVE. THANK YOU.
Please note that these Terms of Website Use, its subject matter and its formation, are governed by English law. You agree that the courts of the United Kingdom and Northern Ireland will have exclusive jurisdiction.