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Terms and Conditions for the Heathcote & Ivory "Just Because" campaign application

All applicants agree to the below terms and conditions by ticking question 5 on the application form.

www.heathcote-ivory.com is a site operated by Heathcote & Ivory Ltd (“we”, “our” and us”). Heathcote & Ivory Ltd is a company registered in England and Wales with company number 03749171. Our registered office address is Acre House, 11/15 William Road, London, NW1 3ER

By applying to become (and indeed if you do become) a Selected Participant or a Guest in the Just Because Campaign (“Campaign”), you agree to be bound by these Terms and Privacy Policy. In these Terms and Privacy Policy, when we refer to a “Selected Participant” we mean an individual who has applied and or selected by us and has agreed to take part in an event relating to the Campaign; when we refer to a “Guest” we mean an individual who has applied and or agreed to take part in an event relating to the Campaign following an invitation from a Selected Participant to attend. For example, this may be a private house party hosted by the Selected Participant.

You confirm that you are over 18 years old and legally living in the UK.

By agreeing to be a Selected Participant and host an event relating to Just Because Campaign or be a Guest and participate in an event relating to the Campaign, you confirm that you have read, understood and have agreed that these terms and privacy policy create a contract between you and us and are binding on you.

Selected Participants are selected by Heathcote & Ivory Ltd and its partner, Grapeviners Ltd. That selection is made from among all the applications received by us up to the relevant closing date for applications and is at our entire discretion.

As a Selected Participant you confirm that you have the absolute permission of the owner of the home or property in which you are planning to hold an event relating to a Campaign. Subject to the terms below we are not responsible for any damage caused to that home or property or anything or anyone in that home or property as a result of a Campaign.

As a Selected Participant you agree to run the event relevant to a Campaign exactly as scheduled unless you notify us (by email to justbecause@grapeviners.com) at least 7 days before the date of event relating to the Campaign, failing which you may not be allowed to participate in future Campaigns and return of all Heathcote & Ivory goods receive

You must agree to be bound by these terms and privacy policy in order to run an event relating to a Campaign or be a Guest as part of a Campaign, and you must be over 18 years old.

These terms govern your participation in a Campaign event. Please read these terms carefully prior to making your application, as these will apply to your use of our site, the completion of your application within Survey Monkey [https://www.surveymonkey.co.uk/r/justbecausebristol] and your participation in the Campaign. We recommend that you print a copy of these terms for future reference. By participating (or applying to participate) in the Campaign, you accept these terms in full. If you disagree with any part of these terms and privacy policy, then you should not participate (or apply to participate) in the Campaign.

 You agree that your personal information will be used by us and shared with: our suppliers and sub-contractors to provide and improve our services to you; as well as any third-parties we engage in relation to the Campaign; and analytics and search engine providers that assist us in the improvement and optimisation of our site. In addition to the above, we may share your personal information (i) with any third party which acquires all or a substantial interest in our business, (ii) if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or (iii) in order to enforce or apply these terms and privacy policy. By applying to be a Selected Participant or applying / agreeing to be a Guest you agree to the use of your personal information in these ways by Heathcote & Ivory Ltd and Grapeviners Ltd.

We will always follow strict security procedures in storing, using and sharing personal information, in order to prevent unauthorised access to it. These security procedures may mean that proof of your identity may sometimes be required before information can be disclosed to you.

The personal information that we collect from you may be processed by staff operating outside the European Economic Area ("EEA") who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, supplying materials to you for your involvement in the Campaign and the provision of support services. By submitting your personal information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with all applicable laws.

The Data Protection Act 1998 (the “act”) gives you the right to access information held about you. Your right of access can be exercised in accordance with the act. Any access request may be subject to a fee of £15 to meet our costs in providing you with details of the personal information we hold about you.

If you do not wish to your personal information to be used in these ways then you should not apply to be a Selected Participant or agree to be a Guest. If you have already been (or have applied to be) a Selected Participant or have been (or been invited as) a Guest at an event relating to the Campaign and you decide that you no longer wish your personal information to be used in these ways then you may notify us at any time by emailing justbecause@grapeviners.com.

 

Events

You agree that in return for us allowing you to run or attend an event relating to the Campaign, you grant to us and our affiliates, licensees, subsidiaries, successors and assigns a worldwide, perpetual, fully transferable free licence to exploit (use) by any means in and in any manner and for any purpose (whether promotional or commercial) your name, likeness, images, words, quotes, photographs (digital or otherwise), recordings and other personal attributes created by any manner in relation to an event. Any such exploitation (use) shall not require your permission nor shall any payment or notice be due to you and you irrevocably waive any rights you may have in connection with the grant of rights in this clause. You agree that we shall be the sole owner of the copyright in and to any materials created as part of a Campaign which comprise your name, likeness, image, words, quotes, photographs, recordings and other personal attributes.

We shall be entitled to cancel your participation in the Campaign at any time and for any reason. We reserve the right to determine in our sole discretion who shall participate in Campaigns and associated events.

Any products and materials supplied by us are provided solely for promotional use in connection with the Campaign events and are not intended for resale. Selected Participants caught selling products given to them for use in the Campaign will be asked to donate all proceeds to charity and not allowed to take part in future campaigns.

Your participation in the Campaign is entirely free of charge and we shall not make any payment or contribution to you, whether in respect of any of your expenses or any costs or otherwise in connection with you participating in the Campaign or associated event although we may (but are under no obligation to) send you products and other materials for use in connection with the Campaign. We both acknowledge that the Campaign is being carried out for wider community and social benefit and this is the sole reason why you have applied to be a Selected Participant or Guest.

You confirm that you have the absolute permission of the owner of the home or property to use their home or property to run an event relating to the Campaign.

By applying to be (and / or agreeing to be) a Selected Participant of the Campaign you confirm that you intend to run an event relating to the Campaign within the timeframe agreed (March 2017) and that if you are no longer able to do so on the agreed date then you will notify us by email to justbecause@grapeviners.com at least 7 (seven) days before the date of the event relating to the Campaign, failing which we may not allow you to run an event relating to a Campaign in the future.

You must not apply to be a Selected Participant in any given Campaign more than once. Also only one application per household is allowed for any given Campaign. You cannot be a Guest and a Selected Participant for the same Campaign.

You confirm as follows:

Limitation of liability. You agree to participate in the Campaign at your own risk. In no event shall we, our successors, assigns, licensees, employees, directors, affiliates companies, customers, suppliers, agents or insurers be liable for any damages, losses, costs, expenses (including, but not limited to, legal fees and costs) including without limitation loss of profit, loss of revenue, loss of reputation, loss of goodwill, or any special, indirect, consequential loss, Without prejudice to the foregoing, we shall have no liability to you arising from:

  • a) the use of any products or materials obtained by you through participation in a Campaign; and/or
  • b) the late or failed arrival of any items due to be sent by us (or on our behalf) to you; and/or
  • c) the use or inability to use our website; and/or
  • d) the use of your personal information to the extent that it is permitted in these terms;
  • e) any damage caused to the home or property or anything or anyone in the home or property where a Campaign event is held, unless caused by our negligence whether or not we are advised of the possibility of such damages.

If any part of the exclusions of damages or limitation of liability set forth above become legally unenforceable, then we and our affiliates’ aggregate liability will be limited to the maximum extent permitted by law, and shall in no event exceed £1,000.

Notwithstanding the foregoing, nothing in these terms and privacy policy shall limit our liability for personal injury or death arising out of our negligence.

Applicable law. These terms and privacy policy will be governed by and construed in accordance with English law, and any disputes relating to these terms and privacy policy shall be subject to the exclusive jurisdiction of the courts of England.

Entire agreement. These terms constitute the entire agreement between you and us in relation to your participation in any event as well as your use of our website, and supersede all previous agreements. We may revise these terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Subscription to mailing lists. If you have previously unsubscribed from receiving emails from us but then subsequently apply to be a Selected Participant, then your previous un-subscription will terminate and you will once again continue to receive emails from us.

Term. These terms will remain in full force and effect while you use our website and also during and after you participate in an event during a Campaign. 

 

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