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Party Kit Terms and Conditions

This document sets out the Terms and Conditions by which “Can You Catch the Killer?” agrees to provide products and services to you.

Effective from date: November 17th , 2010

01. Introduction

1.1 This section sets out the Terms and Conditions by which “Can You Catch the Killer?” agrees to provide products and services to you.

1.2 When you book or purchase any product or service from us, you are signifying your agreement to these Terms and Conditions. These are available on our website, presented to you on checkout when you purchase one of our products, and are available on hard copy upon request. It is your responsibility to familiarise yourself with them before you book or purchase any product or service from us.

1.3 We reserve the right to modify, cancel or append to these Terms and Conditions without notice. The current Terms and Conditions will always be sent to persons upon entering the booking process. On renewal of any “Can You Catch the Killer?” product or service, the most recent Terms and Conditions shall apply.

1.4 “Can You Catch the Killer?” is based in Gorebridge, Scotland.

02. Definitions

2.1 “Can You Catch the Killer?” refers to all aspects of “Can You Catch the Killer?” (including “Can You Catch the Killer?”, Productions, Shows, Education & Outreach and Event(s) unless otherwise stated.)

2.2 “Can You Catch the Killer?”, “we”, ”us”, or “our” refers to “Can You Catch the Killer?” and any of its directors, officers, employees, managers, volunteers, subcontractors, agents.

2.3 “Game” or “Games” refers to any party kit murder mystery game provided by “Can You Catch the Killer?”

2.4 “Inform”, “Notify”, “Communicate” and “Contact” are the processes by which we exchange information and enter into contracts regarding our products or services.

2.5 “Booking” refers to the process of entering into and the agreement made for “Can You Catch the Killer?” to provide a Show, Party Kit and/or Event.

2.6 “Party Kit” is the downloadable murder mystery game zip made available for download upon purchase.

2.7 “You” or “The Client”, refers to a person or organisation buying products or services from us and is accepting these conditions not only for itself but as an authorised agent of the Guests or Party.

2.8 “Guest(s)”, is any person(s) attending the event or Game provided by us.

2.9 “Party”, is any person(s) attending the event or Game provided by us.

2.10 “Event(s)”, refers to individual and/or self-contained event(s) offered by “Can You Catch the Killer?”.

03. Liabilities

3.1 General Disclaimer: For the avoidance of doubt, all our products and services are provided on an “as is” basis and save as expressly stated herein without representations, conditions, warranties or other terms of any kind, either express or implied, including, but not limited to, events, non-infringement or title but excluding the implied warranties of satisfactory quality and fitness for a particular purpose.

04. Formation of Contract

4.1 We sell you a license to use our Murder Mystery Games (“the Games” or “the Game”). The Games are provided in the form of electronic files. When we have received your order and payment the Game will be made available to download from our site as a ZIP file for a limited amount of time. When you take up this offer, the terms outlined in this document will govern our relationship with you.

4.2 We accept orders at our discretion. If we accept an order from you, the contract will be formed as outlined in clause 4.1 above. To purchase a Party Kit you must accept these terms and condition on checkout by ticking the appropriate box. Failure to agree to these terms will result in us not accepting the offer to trade with you.

05. Payment Terms

5.1 The price of the license to use the Games you order is to be paid for in advance.

06. Prices

The current price of the license for the various Games are set out on our web site. All prices may be subject to local tax at the rate currently in force at the time of this contract and all monies due under this contract are to be paid in one of the currencies proffered by us. We reserve the right to alter our prices at any time.

07. Intellectual Property Rights

7.1 When we have received your payment, we will grant you a license to use, once only, a single Game, or Games if you have paid for more than one Game. This license is personal to you and permits you to use the Games once only PROVIDED THAT you do not run the Game commercially or for financial gain of any kind – including but not limited to profit for yourself, a business, or a charity. Should you wish to run a game commercially please contact “Can You Catch the Killer?” on [email protected]

7.2 We assert our moral rights in respect of all copyright material produced by us and also the moral rights of any supplier to us of any such copyright material. You confirm that you will not alter, reuse or otherwise exploit or jeopardize the artistic integrity of the material contained in any of the Games.

7.3 To protect the ownership of our intellectual property rights, we have inserted a watermark throughout each page of the Games.

08. Your Responsibilities

8.1 You undertake to observe the terms of any license in relation to any Games provided by us and to indemnify us against all costs, claims and liabilities arising from any breach of this clause.

8.2 You agree not to run the Game for financial gain or profit – including but not limited to profit for you, a business, or a charity. Should you wish to run a game commercially please contact “Can You Catch the Killer?” on [email protected]

8.3 Where you wish to play the Games on more than one occasion, you agree to request a multiple license for more than a single use.

8.4 We sell Games. The Games we sell are meant for entertainment. The Games sometimes provide for the pretend violent death of various characters by such means as the use of poison, stabbing with the use of a dagger and other such brutal methods of terminating life prematurely. We do not suggest or condone the use of real implements when the Games are played. You agree, therefore, that should you purchase our Games, that you will take sole responsibility for the proper conduct of the Games. You will accept sole responsibility for any consequences that may follow should real implements be used in the Game.

09. Amendments

We reserve the right to modify, suspend or discontinue any or all of our services at our sole discretion and without notice. We also reserve the right to give advanced notice of any changes to these terms and conditions at any time, whether by notice on our web site or by contacting you directly.

10. Unforeseen Circumstances

There may be times where events beyond our control prevent you from downloading the electronic file of the Games. If this occurs, we ask you to inform us and we undertake to inform you when such problems have been rectified.

11. Limitation of Liability

If we breach the terms of the contract, or you seek compensation and damages for any claim or claims arising out of any contract between the parties for whatever reason, your remedy will be limited to damages. Our liability to you will not exceed the amount you paid us for the Games except where required by law.

12. Exclusion of Liability

With the exception of clause 11, we shall not be liable to you regardless of the form of action, whether in contract, tort (including negligence and breach of statutory duty), strict liability, or otherwise whatsoever for,

12.1 any delay in supplying the Games

12.2 any loss of profit, business, contracts or revenues, or

12.3 failure to achieve anticipated savings in costs or expenses, or

12.4 failure to achieve increased profit, business, contracts, revenues or market penetration.

13. Reasonableness of the Limitation Clauses

If you enter a contract with us, you agree that the limitation of liability clause, clause 11 and the exclusion of liability clause, clause 12, are reasonable, and that the price agreed reflects the position on liability.

14. Rights of Third Parties

In accordance with s 1(2)(a) of the Contract (Rights of Third Parties) Act 1999, the parties intend that no term of this contract may be enforced by a third party.

15. Severance

The parties agree that in the event of one or more clauses or sub-clause of this contract being subsequently declared invalid or unenforceable by a court or other authority with jurisdiction, the invalidity or unenforceability of any clause or sub-clause shall not in any way affect the validity or enforceability of any other clause or sub-clause except those which compromise an integral part of it or are otherwise clearly inseparable.

16. Representation of “Can You Catch the Killer?”

16.1 Our name as a provider is “Can You Catch the Killer Murder Mystery events”. No variation on this name is permitted without the prior written consent of “Can You Catch the Killer?”. Party Kits provided by “Can You Catch the Killer?” must be referred to under their official titles and no variation of these titles is permitted without the prior written consent of “Can You Catch the Killer?”

16.2 “Can You Catch the Killer?” and it’s logos are registered trademarks and may not be altered in any way.

16.3 The contents of the Party Kit are registered trademarks and may not be altered in any way.

16.4 The unique format of a “Can You Catch the Killer?” event, the scripts, copy, blurbs and all promotional material or written material provided by “Can You Catch the Killer?” are copyright properties of “Can You Catch the Killer?” and cannot be replicated or reused in whole or in part without the prior explicit written consent of “Can You Catch the Killer?”

17. Law and Jurisdiction – Scotland

17.1 Any failure of these Terms and Conditions if found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect.

17.2 This agreement does not affect your statutory rights as a consumer.