Terms and Conditions

AGREED TERMS

1. About us
  1.1 Buzz-it Limited (we, our and us) are registered in England and Wales under company number 12574910 and have our registered office at 3rd Floor 89-90 Paul Street, London, England, EC2A 4NE.
  1.2 We are not registered for VAT.
  1.3 We operate the website www.onestopwin.com (Website).
  1.4 To contact us for day to day matters, please email win@onestopwin.com To serve any formal notices relating to any matter under the Contract please see 14.2 below.
2. Listings on the Website
  2.1 Our Website is a prize competition database through which competition promoters can list an Eligible Prize Competition Business.
  2.2 Our Website offers different pricing packages (each a Pricing Package) allowing competition promoters to choose from different levels of listing (Listings). Details of each Pricing Package and what is contained within each Listing option are provided on the Website.
  2.3 Subject to our right to amend the specification of the Listings (see 2.5) we will provide you with an account so that you can create the Listings in accordance with the specification for the Listing appearing on our website at the date of your order in all material respects.
  2.4 We reserve the right to amend the specification of the Listings if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Listings.
3. Placing an order and its acceptance
  3.1 To place an order for a Listing, please click on the relevant button on the Website and complete and then submit the chosen form. When you submit an order form you are offering to buy a Listing subject to these terms and conditions (Terms). These Terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
  3.2 Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any details about your business and the prize competitions you offer are complete and accurate.
  3.3 After you place your order, we will send an email to you to accept it (Order Confirmation), at which point and on which date a legally binding contract (Contract) will be formed between us and an account will be opened on the Website. The Contract will relate only to the Listing confirmed in the Order Confirmation.
  3.4 If we are unable to supply you with the Listing for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Listing, we will refund you the full amount.
  3.5 The Contract, including our Website Terms of Use www.onestopwin.com/terms-of-use and Acceptable Use Policy www.onestopwin.com/acceptable-use-policy is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
  3.6 You should save a copy of these Terms for future reference.
4. Charges
  
  4.1 In consideration of us providing you with the Listing you must pay our charges (Charges) in accordance with this 4.
  4.2 The Charges are the prices quoted for the relevant Pricing Package on the Website at the time you submit your order.
  4.3 We take all reasonable care to ensure that the prices stated for the Listings are correct at the time when the relevant information was entered into the system. However, please see 4.6 for what happens if we discover an error in the price of the Listings you ordered.
  4.4 We reserve the right to increase the Charges from time to time. If we intend to increase our Charges we will give you a minimum of one months’ notice of our intention to do so. If you do not accept the increase in the Charges you may terminate the Contract at any time.
  4.5 It is always possible that, despite our reasonable efforts, some of the Listings or Price Packages on our site may be incorrectly priced. Where the correct price for the Listings or Price Packages is less than the price stated on our site, we will charge the lower amount. If the correct price for the Listings or Price Packages is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Listings at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Listings and refund you any sums you have paid.
5. How to pay
  5.1 Payment for the Listings is in advance. We will take your first payment upon acceptance of your order and will take subsequent payments monthly in advance.
  5.2 You can pay for the Listings using a debit card or credit card.
  5.3 We will send you an electronic invoice following receipt of your payment.
  5.4 If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under 12 (Termination), you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgement. Interest under this 5.4 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
6. Amending your Pricing Package
  6.1 You may change your Pricing Package at any time by logging into your online account, choose the Listing you have and then apply the new package required.
  6.2 You will receive the benefits for the Listing associated with your new Pricing Package from the time your listing is approved by us.
  6.3 Any increased Charges in respect of your Pricing Plan will be collected at the time of change. No refunds are payable in the event that you choose a lower priced Pricing Plan than you are currently on. The lower price will then be paid the following month.
7. Your obligations
  7.1 It is your responsibility to log into your account and provide all of the required information to complete your Listings. You may update and change details within your Listing at any time by logging into your account and making the relevant changes within it.
  7.2 Where we have created a free Listing for you, and you claim this Listing for yourself, it is your responsibility to log into your account, claim the Listing and ensure that all the required information is complete, accurate and up to date. When registering you must use an email address associated with the business domain for identification purposes.
  7.3 It is your responsibility to ensure that:
  – the terms of your order are complete and accurate;
  – the Listings are complete, accurate and up to date and comply with our Acceptable Use Policy www.onestopwin.com/acceptable-use-policy and Website Terms of Use www.onestopwin.com/terms-of-use ;
  – you only promote genuine prize competitions and do not promote any form of gambling;
  you comply with all relevant laws, regulations and codes of practice relating to prize competitions and their advertising and promotion;
  – you have all necessary rights and permission for all content that you include in any Listings. This includes ensuring that your Listings, or any content in them, do not infringe the intellectual property rights of any person and ensuring that you do not include any personal data of any person without their express permission;
  – you provide us with such information relating to your business and the prize competitions as we may reasonably request from time to time.
  7.4 If your Facebook advertising account is suspended at any time and for any reason, you must immediately notify us and we may, without any liability to you, suspend or remove your Listings, either temporarily or permanently.
  7.5 We are under no obligation to check or moderate any content you include in the Listings or otherwise add to the Website. However, if we find that any such content is in breach of our Acceptable Use Policy www.onestopwin.com/acceptable-use-policy our Website Terms of Use www.onestopwin.com/terms-of-use these Term or other generally accepted standards we reserve the right to remove it without warning to you and without incurring any liability to you. For serious breaches we further reserve the right to terminate the Contract with immediate effect and without any liability to you.
8. Intellectual property rights
  8.1 All intellectual property rights in the Website, its branding and the database created through the inclusion of Listings on the Website will be owned by us.
  8.2 We shall provide you with a “Listed on OneStopWin” badge that you may display on your website and through which you may provide a link to the Website. You are granted a limited licence to use this badge for the term of this agreement. On termination of this agreement for any reason you must remove this badge and link from your website.
  8.3 You own and are fully responsible for all intellectual property rights in all content that you include in any Listings but you hereby grant us a fully paid-up, non-exclusive, royalty-free, licence to copy and modify any materials provided by you or included within the Listings to enable us to operate the Website.
9. Data Protection
  9.1 We will use any personal information you provide to us to:
  – provide access to your account;
  – process your payment of the Charges; and
  – inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
  9.2 You are solely responsible for the personal data of any person that is included in any of your Listings. You must ensure that you have all necessary consents and permissions to include any personal data in any Listings. You will fully and completely indemnify us against all losses or liabilities resulting from any breach by you or failure to comply with any data protection legislation.
  9.3 We will process any personal information you provide in accordance with our Privacy Policy www.onestopwin.com/privacy the terms of which are incorporated into this Contract.
10. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
  10.1 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
  – death or personal injury caused by negligence;
  – fraud or fraudulent misrepresentation; and
  – breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
  10.2 Subject to 10.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
  – loss of profits;
  – loss of sales or business;
  – loss of agreements or contracts;
  – loss of anticipated savings;
  – loss of use or corruption of software, data or information;
  – loss of or damage to goodwill; and
  – any indirect or consequential loss.
  10.3 Subject to 10.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total Charges paid by you under the Contract in the last year.
  10.4 This 10 will survive termination of the Contract.
11. Confidentiality
  11.1 We each undertake that we will not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by 11.2.
  11.2 We each may disclose the other’s confidential information:
  – to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this 11; and
  – as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
  11.3 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
12. Termination and consequences of termination
  12.1 There is no minimum term to the Contract and it automatically renews each month until either party gives notice to the other at least seven days notice of their intention to terminate the Contract. If the notice is given less than seven days prior to the end of the month or the Contract will automatically renew and continue for a further month and then it will terminate at the end of the next month.
  12.2 Without limiting any of our other rights, we may suspend the performance of the Listings, or terminate the Contract with immediate effect by giving written notice to you if:
  – you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 30 days of you being notified in writing to do so;
  – you fail to pay any amount due under the Contract on the due date for payment;
  – you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;
  – you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
  – your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
  12.3 On Termination of the Contract we shall immediately delete all of your Listings.
  12.4 No refund of any Charges are payable if the Contract is terminated part way through a month.
13. Events outside our control
  13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
  13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
  – we will contact you as soon as reasonably possible to notify you; and
  – our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Listings with you after the Event Outside Our Control is over.
  13.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred by us in performing the Listings up to the date of the occurrence of the Event Outside Our Control.
  13.4 You acknowledge and accept that the provision of the Listings is not guaranteed to be error free and we do not guarantee that the Website will be available to view 24 hours a day, 7 days a week.
14. Notices
  14.1 When we refer to “in writing” in these Terms, this includes email.
  14.2 Any notice given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
  14.3 A notice is deemed to have been received:
  – if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
  – if sent by pre-paid first class post or other next working day delivery service, at 11.00 am on the second working day after posting; or
  – if sent by email during normal business hours (9.00 am to 5.00 pm in the United Kingdom) at the time of transmission. If sent outside normal business hours, at 9.00 am the next working day after transmission.
  14.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
  14.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
15. General
  15.1 Assignment and transfer
  – We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens.
  – You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
  
  15.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
  15.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
  15.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
  15.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
  15.6 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.