Terms & Conditions
The terms and conditions set forth below (the “Terms”) govern you and your relationship with us while on this site (the “site”) and in connection with the service provided (the “Call”), and are legally binding on you. If you do not agree with any of the terms, please do not access or otherwise use this site or any information contained on this site. This website allows you to help create a Personalised Santa Zoom Call along with other content purchasing offered by Santa on Zoom. It is provided solely for your personal enjoyment which allows you to share with family and friends and for no other purposes. The term “you” refers to the user visiting and/or contributing a content to any SantaOnZoom.co.uk website.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of the Terms at any time without further notice. If we do this, we will post the changes to these Terms in the appropriate location and indicate the updated date at the top of the webpage. Your continued use of SantaOnZoom.co.uk after such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) SantaOnZoom.co.uk. It is your responsibility to regularly check to determine if there have been changes to the Terms and to review such changes.
CHARGES & CANCELLATIONS
In order to receive the services provided by SantaOnZoom.co.uk, payment must be made in full and acknowledged before any transference of Submissions are made. No service will be made available without said payment.
Cancellations must be made at least 14 working days prior to the date agreed and will not be refunded if notice is given after that point.
If you do not attend you call, you will not be refunded. Santa will have spent time in preparing for the call and it is your prerogative to remember.
USE OF SERVICES
You agree that in order to receive the services purchased from SantaOnZoom.co.uk you must provide information requested (known as Submissions) about your child(ren) that is relevant to the purpose of interaction with Santa.
In return SantaOnZoom.co.uk will promise to:
- Never promise a child anything without prior consent from the parents or legal guardians.
- To help create the magic of Christmas at all times, never stepping out of character.
- To treat each child with the respect they deserve.
- To make each visit as special as possible.
- Never to push an agenda onto how the child behaves, unless specifically requested by the parent or legal guardian.
- Be ready, on time for each and every Zoom call.
Due to the nature of the service, not all preferred times can be guaranteed, however SantaOnZoom.co.uk will work with the parents or guardians to find the best alternative time that is acceptable to all parties. If, for any reason, Santa is no longer available due to sickness or injury, you will be contacted as soon as possible and refunds will be made.
ELIGIBILITY/REGISTRATION INFORMATION AND ACCOUNT SECURITY
As a condition for your use of this website, you warrant that (i) you are at legal guardian or parent (+18 years of age); (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this website and services in accordance with these Terms, and (iv) all information supplied by you for use of the services is true, accurate, current and complete. We retain the right at our sole discretion to deny access to anyone to this website and the services we offer, at any time and for any reason, including, but not limited to, for violation of the Terms.
In these Terms, we use the word “Submissions” to mean text, messages, photographs, images and other information or content that you may supply through the SantaOnZoom.co.uk service to create your personalised content, including your and/or other persons’ personal information. You represent and warrant that you have obtained all necessary consents from such third parties consistent with the full scope of rights granted to SantaOnZoom.co.uk pursuant to these Terms, and agree that such persons shall not assert any intellectual property, privacy, publicity, contractual, moral or similar rights, or make any claims that any Submissions are objectionable or otherwise defamatory under the laws of the EU, United States or any other country in connection with the exploitation of such materials as described hereunder.
We shall be entitled to transmit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.
In addition, you are fully responsible for the content of your Submissions, and you are prohibited from posting or transmitting to this website and related emails: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material, or content that would violate rights of publicity and/or privacy or any other law or regulation, or any material which may be interpreted as offensive to a child or an adult; (ii) any content that is violent, vulgar, obscene, pornographic or otherwise sexually explicit or otherwise harms any person or entity, is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to, engage in child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, or conspiracy to commit any criminal activity; (iii) any commercial material or content (including, but not limited to, advertising, or marketing of any good or services); (iv) viruses, corrupted data or other harmful, disruptive or destructive files; and (v) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Submissions to this service. You acknowledge that SantaOnZoom.co.uk may exercise its rights (e.g., rights to use, publish and/or delete) with respect to any Submission without notice to you.
SantaOnZoom.co.uk policies with respect to claims by third parties that the content of the website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.
The content and information on this website, as well as the infrastructure used to provide such content and information, is proprietary to us. While you may view the Content created as long as it is available, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell the content purchased from this website. Additionally, you agree not to: (i) use this website or its contents for any commercial purpose; (ii) access, monitor, or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iii) violate the restrictions in any robot exclusion headers of this website or bypass or circumvent other measures employed to prevent or limit access to this website; (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (v) deep-link to any portion of this website for any purpose without our express written permission; or (vi) “frame”, “mirror”, or otherwise incorporate any part of this website into any other website without our prior written authorization.
Subject to your compliance with these Terms, SantaOnZoom.co.uk grants you a non-exclusive, non-transferable, revocable limited license to access and use this website using a web browser or mobile device, solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
Except for Submissions you may submit to our servers while creating your personalised content, all content accessed through the SantaOnZoom.co.uk website, including applications, designs, graphics, music, pictures, software, sound, text, video, and other content and their layout, are proprietary property of SantaOnZoom.co.uk, its users, or its licensors with all rights reserved. None of this content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form by any means, in whole or in part, without SantaOnZoom.co.uk prior written permission, unless the content is purchased as allowed by the website, in which case your rights shall be governed by the Terms of Sale. Except for Submissions, you may not upload or republish any of SantaOnZoom.co.uk content on any internet, intranet, or extranet site or incorporate the information in any other database or compilation. This license is subject to these Terms and does not include use of any data mining, robots, or similar data gathering or extraction methods. Any use of SantaOnZoom.co.uk other than as specifically authorized herein, without the prior written permission from us, is strictly prohibited and will terminate the license granted herein. Such use may also violate applicable laws, including copyright and trademark laws. You agree and acknowledge that we transfer no ownership interests in (i) SantaOnZoom.co.uk or (ii) in the intellectual property of SantaOnZoom.co.uk to you under these Terms or otherwise.
Effective 17th September 2020, anyone who opts in to services via any SantaOnZoom.co.uk website agrees to receive an email and/or other recurring marketing emails from SantaOnZoom.co.uk. Emails are sent using contact information that you provided to SantaOnZoom.co.uk.
You may opt out of subsequent emails after the services have been concluded as part of the agreement.
This service is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of software, coverage or other changes made by your internet provider. You agree that SantaOnZoom.co.uk will not be liable for any delays or failures in your receipt of any Zoom calls, as delivery is subject to effective transmission from your network operator and processing by your computer or mobile device.
Check your internet capabilities for specific video call instructions. You represent that you are the owner, or authorized user of the internet device used to access this service, and that you are authorized to approve the applicable charges. You further represent that you are 18 years of age or older.
Data obtained from you in connection with this service may include you email address, your child’s name, the date, time and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop, and improve the service. The use of Zoom as a video call provider and their practices are governed by their own policies. Please visit https://zoom.us/terms for that information.
This service as well as the content and materials received through the service are proprietary to us and our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with or disrupt the service or its functionality.
We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. Your service is also subject to termination in the event your wireless service terminates or lapses. We may discontinue the service at any time.
WARRANTY/LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE ARE PROVIDED TO YOU “AS IS” AND MAY INCLUDE INACCURACIES OR ERRORS. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF SANTAONZOOM.co.uk IS AT YOUR SOLE RISK.
ENFORCEMENT OF TERMS
If you fail to fulfill any of your obligations under these Terms, we may terminate your rights granted under these Terms and may pursue all available legal remedies to enforce these Terms. Should legal remedies be used to enforce these Terms, you agree to reimburse us for any and all legal and accommodation expenses arising from the dispute. You agree that our licensors referenced on the SantaOnZoom.co.uk website may enforce these Terms as it relates to their intellectual property.
You agree to defend and indemnify SantaOnZoom.co.uk and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (i) your breach of these Terms or the documents referenced herein; (ii) your violation of any law or the rights of a third party; or (iii) your use of this website.
This Website is operated by a UK entity and these Terms are governed by the laws of The United Kingdom and EU. You hereby consent to the exclusive jurisdiction and venue of courts sitting in the United Kingdom for all disputes arising out of or relating to the use of this website. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. We make no representation that SantaOnZoom.co.uk is appropriate or available for use in any particular location. Those who choose to use SantaOnZoom.co.uk do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
Our performance of these Terms is subject to existing laws and legal process(es), and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this website or any information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this website within two (2) years from the date on which such claim or action arose or accrued or the date such claim or cause of action will be irrevocably waived.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
These Terms (and any other terms and conditions referenced herein) constitutes the entire agreement between you and SantaOnZoom.co.uk with respect to this Website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and SantaOnZoom.co.uk with respect to this website. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
LAWS GOVERNING WARRANTIES AND LIABILITY
The law(s) of jurisdiction may define the scope of warranty to be provided for services or the manner in which the supplier’s liability may be limited and such law(s) shall govern these Terms only to the extent of a party protected by such law(s) cannot waive the protection by contract. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or allow the exclusion of implied warranties; therefore, some of the limitations and exclusions above may not apply to you, or you may have other rights not explicitly mentioned herein