Planet Earth Games

Terms & Conditions

1. Introduction

1.1 These terms and conditions shall govern your use of the Planet Earth Games website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy and cookies policy.

2. Licence to use website

2.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(d) stream audio and video files from our website; and

(e) use our website services, by means of a web browser, subject to the other provisions of these terms and conditions.

2.2 Except as expressly permitted by Section 2.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

2.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

2.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

2.5 Unless you own or control the relevant rights in the material, without our expressed permission, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

2.6 Notwithstanding Section 2.5, you may redistribute email or social media content in print and electronic form to any person.

2.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

3. Acceptable use

3.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

3.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

3.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

4. Registration and accounts

4.1 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

4.2 You must not allow any other person to use your account to access the website.

4.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

4.4 You must not use any other person's account to access the website, unless you have that person's express permission to do so.

5. User login details

5.1 If you register for an account with our website, you will be able to set up your account with your email and nominate a password.

5.2 You must keep your password confidential.

5.3 You must notify us in writing immediately if you become aware of any disclosure of your password.

5.4 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

6. Cancellation and suspension of account

6.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

6.2 You may cancel your account on our website, in the login section at any time.

7. Your content: licence

7.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via our website.

7.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR reproduce, store and publish your content on and in relation to this website and any successor website OR reproduce, store and, with your specific consent, publish your content on and in relation to this website.

7.3 You grant us the right to sub-license the rights licensed under Section 7.2.

7.4 You grant us the right to bring an action for infringement of the rights licensed

7.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

7.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

7.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

8. Your content: rules

8.1 You warrant and represent that your content will comply with these terms and conditions.

8.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

8.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

8.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

8.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

8.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

9. Online payments - General

9.1 All purchases on the Planet Earth Games website will require the user to be registered to the website. This is to ensure that the person can be tracked, and is operating under a validated email address to proceed with payment.

9.2 If any user is found to be using a false name or false email address, or one not directly associated to them as an individual, to purchase anything from the website will be liable to prosecution. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.

9.3 Planet Earth Games Trust tracks the electronic data of every order placed on the website to enable us, and all legitimate crime prevention and prosecution authorities, to trace individual users engaging in criminal activities on our website.

9.4 Planet Earth Games Trust may amend these Terms from time to time, and place the new version on the website . For users purchasing goods/ services or registering on the site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms, otherwise, such changes will be affect against existing users thirty days following the posting of the amended version on the website. Your continued use of the Site following Planet Games Trust posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the website.

9.5 VAT, unless specified in the transaction receipt is not applicable (chargeable) on Planet Earth Games products or services.

10. Online payments (card)

10.1 To ensure that your credit, debit or charge card is not being used without your consent, the Planet Earth Games Trust payment Gateway Provider (Stripe) will validate name, address and other personal information supplied by you during the order process against appropriate third party databases including registered Credit Reference agencies and fraud prevention agencies, who may keep a record of that information.

10.2 By accepting these terms and conditions you consent to such checks being made. We shall be entitled to process your data in accordance with the terms of our privacy policy. Please view this document for further information. All information provided by you will be treated securely and in accordance with the Data Protection Act.

10.3 It is a crime to use a false name or a known invalid credit card/ debit card to order anything from the website. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Planet Earth Games Trust tracks the electronic data of every order placed on the website to enable us, and all legitimate crime prevention and prosecution authorities, to trace individual users engaging in criminal activities on our website.

10.4 You undertake that all details you provide to Planet Earth Games for the purpose of ordering or purchasing items or sport services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.

10.5 Planet Earth Games Trust can take the steps to report or ban users from the site when:

1 They fail to make any payment to us when due;

2 They breach the terms of this Agreement (repeatedly or otherwise);

3 When requested by us to do so, they fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;

10.6 We suspect they have engaged, or about to engage, or have in any way been involved in fraudulent or illegal activity on the website.

11. Requesting online payments (invoices)

11.1 In some circumstances Planet Earth Games Trust may offer website users the ability to pay for goods or services by means of an automatically generated invoice.

11.2 It is a crime to use a false name, address or information for invoice payments for anything from the Planet Earth Games Trust website. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Planet Earth Games Trust tracks the electronic data of every order placed on www.planetearthgames.org to enable us, and all legitimate crime prevention and prosecution authorities, to trace individual users engaging in criminal activities on our website.

11.3 A Planet Earth Games Trust standard payment term is 30 days from issue of invoice. This may be shorter due to the item or service you are purchasing. Non-payment will result in prosecution to the fullest extent of the law

12. Sharing Payment information

12.1 Planet Earth Games Trust works with business and technical partners whom we share data with to process credit and debit card payments and provide a range of fraud protection protocols. They are bound by Data Protection covenants and must process the personal information in accordance with this Privacy Policy and the Data Protection Laws.

12.2 In case any fraudulent activity is detected on the website, or, without limitation, in connection with the breach of intellectual property rights through the use of the website, we may release personal information in order to comply with any applicable regulation or assert our rights as well as our business partners’.

13. Credit Terms & Conditions

13.1 For any website activity associated with Planet Earth Games the following Credit Terms & Conditions will apply.

13.2 Credit will be offered for all Planet Earth Games activities booked via the website.

13.3 Planet Earth Games Trust may withdraw a credit facility or reduce the amount of credit offered without warning or reason.

13.4 Where an invoice is issued by Planet Earth Games Trust, the payment terms are strictly 30 days, unless otherwise stated.

14. Booking Terms & Conditions

14.1 When making a booking with Planet Earth Games please note that the following terms and conditions apply:

14.2 Non-payment (funds not received) by the start date of an event may lead to the attendee(s) being turned away and their place re-sold.

14.3 Planet Earth Games Trust reserves the right to reject or cancel a booking without reason. Any fees paid in relation to a rejected / cancelled booking will be refunded minus our payment gateway provider’s processing fee

14.4 Bookings can be cancelled with a full refund up to three days before event/challenge commences with a full refund, minus payment gateway provider’s processing fee.

14.5 Bookings cancelled within three days of an event/challenge commencing will not be refunded.

14.6 Should Planet Earth Games need to postpone an event/challenge all attendees booked will be notified at the earliest possible convenience and their booking fee paid will be rolled over to the rescheduled date. Should this not be convenient, upon written request, the fee will be refunded, minus our payment gateway provider’s processing fee.

14.7 Should Planet Earth Gams Trust need to cancel the event all attendees booked will be notified at the earliest possible convenience. Their booking fee paid will be refunded, minus payment gateway provider’s processing fee.

14.8 Planet Earth Games Trust is not liable for any fees applied by third parties, nor liable for any costs of associated activities which the attendee may incur (e.g. Travel and/or Accommodation) even in the case of late cancellation.

14.9 Where an event host has applied for their paid event/challenge to be part of Planet Earth Games and the application is rejected by Planet Earth Games Trust, the applicant will be fully refunded, minus payment gateway provider’s processing fee.

15. Report abuse

15.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

15.2 You can let us know about any such material or activity emailing info@planetearthgames.org

16. Limited warranties

16.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

16.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

16.3 To the maximum extent permitted by applicable law and subject to Section 16.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

17. Limitations and exclusions of liability

17.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

17.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:

(a) are subject to Section 17.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

17.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

17.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

17.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

17.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

17.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

17.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

18. Indemnity

18.1 You hereby indemnify us, and undertake to keep us indemnified against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

19. Breaches of these terms and conditions

19.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

19.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

20. Third party websites

20.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

20.2 We have no control over third party websites and their contents, and subject to Section 17.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

21. Trade marks

21.1 Our logos and brands including Planet Earth Games and our other registered trade marks belong to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

21.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

22. Competitions

22.1 From time to time we may run competitions, free prize draws and/or other promotions on our website.

22.2 Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).

23. Variation

23.1 We may revise these terms and conditions from time to time.

23.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. OR We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

23.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

24. Assignment

24.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

24.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

25. Severability

25.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

25.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

26. Third party rights

26.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

26.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

27. Entire agreement

27.1 Subject to Section 17.1, these terms and conditions, together with our privacy policy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

27. Law and jurisdiction

27.1 These terms and conditions shall be governed by and construed in accordance with English law.

27.2 Any disputes relating to these terms and conditions shall be subject to the exclusive OR non-exclusive jurisdiction of the courts of England.

28. Statutory and regulatory disclosures

28.1 We are registered in the European Union Intellectual Property Office (EUIPO); you can find the online version of the register online here, and our registration number is 006977318.

28.2 Planet Earth Games Trust is a registered charity. Charity registration no. 1196380 (England & Wales),

29. Our details

29.1 This website is owned and operated by Planet Earth Games Trust

29.2 Our registered office is at Planet Earth Games Trust, 124 City Road, London, EC1V 2NX.

29.3 Our principal place of business is at 30 Kiln Close, Bovey Tracey, Devon, TQ13 9YL.

29.4 You can contact us:

(a) by post, using the postal address given above;

(b) by email, using You can contact us by email to info@planetearthgames.org

These terms and conditions are based on a precedent available at Website Contracts and Website Law.

Terms & Conditions

PLANET EARTH GAMES

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