This website and shop is owned and managed by Mongoose Promotions Ltd. Hereby referred to as ('Mongoose') in these terms and conditions. Our address is: Mongoose Promotions Ltd, 36 Percy Street, London, W1T 2DH, UNITED KINGDOM. info@Mongoosepromotions.com
. Company number 09975027 VAT number GB 245 5395 88
Abbreviations used in these Terms and Conditions.
o Mongoose – Mongoose Promotions Ltd
o The User – The person using the website.
o The Purchaser – The person who is placing an order via the website.
o Products – the eCodes and Vouchers available for sale via the Website
USING THE WEBSITE
Mongoose grants the purchaser a licence to access and use this website, but prohibits the use for commercial purposes of any of the content, nor to collect or store any of the product descriptions, images or prices, either manually or using systematic data-mining or data gathering techniques without the express written permission of Mongoose.
All of the content on the website is the property of Mongoose and enjoys the full protection of UK and international copyright law.
Our website gives you the option of registering with us a username and password. It is the user’s responsibility to keep their username and password confidential. Mongoose are unable to verify the identity of website users and cannot be liable for any actions resulting from another user other than yourself using your confidential details.
By using the Website you confirm that your status within the business you represent is such that you are authorised to enter into binding agreements regarding the purchase of Products from third parties such as Mongoose and that any information you provide to Mongoose is accurate on behalf of the business you represent.
In order to purchase the products contained within the website you are required to register for an account with Mongoose.
In order to register, you must click on “register” on the Website homepage and complete all of the details requested. By doing so and submitting your registration request you confirm that the information you have provided is honest and accurate.
Mongoose reserve the right to approve all registrations individually before confirming your registration and right to purchase the Products. If you request a credit account as part of your registration then Mongoose shall assess the level of credit that may be granted by utilising the services of a credit checking agency and inform you of our decision at the earliest available opportunity. Credit is provided at the discretion of Mongoose and may be rescinded or changed at any time without notice.
By applying for a credit account you agree to pay invoices within 30 days of issuance by Mongoose. Failure to do so may result in any of the following actions:
· Suspension of account
· Withdrawal of credit terms
· Cancellation of purchased Products validity
· Interest to be charged at 2% above the bank of England base rate
Upon reaching the limit of your credit account you will be blocked from placing further orders until sufficient credit is created as required by the settling of previously issued invoices.
If you do not apply for credit Mongoose still reserve the right to consider your application before approval. We aim to approve all accounts within 24 hours of application though you may wish to call us if the account set up is urgent and we will endeavour to approve your application more quickly.
USE OF THE PRODUCTS
During the application and purchase process you will be asked to declare how you intend to use the Products. By completing the registration and purchasing the products you confirm that your response to the question is truthful.
The following uses of the Products are expressly pre-approved:
· Products given away to staff members as a reward or benefit free of charge.
· Products sold to staff members as part of a benefit scheme providing that access to the Products is restricted to a closed user group.
· For use as a consumer reward, including students or other closed user groups where the number of vouchers being given away is less than 100.
The following uses of the Products may be approved but you must receive written approval from Mongoose before using them in any of the following ways:
· Sold as part of a non-employee benefits scheme (such as to gym members, bank account holders etc)
· Given away as part of a promotional campaign to customers / the public such as prize draws or rewards for product purchases.
MARKETING MATERIALS AND APPROVAL
Mongoose would be delighted to provide you with copy, logos and imagery to help you to market any of the Products. Simply either download from the marketing area or contact us with your requirements.
By doing so you agree not to publish in any way any materials you use without first seeking and gaining approval from Mongoose as to the way you use them.
We won’t be unreasonable in withholding that approval but the issuers of the Products own and control the rights for use of logo’s and imagery and we must act responsibly on their behalf.
PLACING AN ORDER ON THE WEBSITE
By placing an order through the website, the user is confirming they are at least 18 years of age and capable of entering into a legally binding contract under English law.
When an order is submitted to Mongoose, that submission constitutes an offer to purchase goods from Mongoose. On acceptance of the offer by Mongoose, the purchaser’s contract and Statutory rights are with Mongoose.
Mongoose reserves the right to change Product prices from time to time and always aims to ensure that the website is as up to date as possible. In the unlikely event that a Product is shown on the website at an incorrect price, Mongoose reserves the right not to sell at the advertised price and will endeavor to contact the purchaser to ask if they wish to purchase at the correct price. If the purchaser confirms that they are happy to purchase at the correct price, that confirmation will constitute a new offer to Mongoose.
The Products that we sell on our website are supplied to Mongoose by the cinema companies whose name is communicated on the page that the codes are advertised upon. On the Product pages you will see the additional specific terms and conditions of that particular cinema provider relating to the use of the codes. It is the responsibility of the purchaser to read those terms and conditions before placing an order for the Products, as the cinema provider govern how the purchaser will be able to use the Products.
Upon placing an order for the Products you will be able to receive the Products in the form of a downloadable CSV file within 2 hours of placing your order providing that payment for the Products is received in full via one of the payment methods advertised or in the case that Mongoose have agreed credit terms with you and there is enough credit in your account to pay for the Products.
In cases where you do not have a credit account and require to pay subsequent to receipt of an invoice, Products will be available to download upon receipt of cleared full payment.
Ownership of Products is retained by Mongoose until such time that funds have been received from the Purchaser, or upon supply of the Products to the Purchaser in the case where credit has been agreed whereupon ownership passes to the Purchaser.
Mongoose is required by law to charge Value Added Tax (VAT) on all its products.
The Products are supplied to you in good faith and it is not our policy to accept returns for Products for any reason other than the products being faulty at which point we shall exchange them for replacements. Should you wish to return Products for any other reason please contact your Account Manager to discuss.
LIMITATION OF LIABILITY
Nothing in these conditions excludes or limits Mongoose's liability for fraud, fraudulent misrepresentation or gross negligence by the company or its employees or restricts your statutory rights.
Subject to the above, Mongoose will not be liable for:
· any damage or loss suffered by the purchaser where such damage or loss was not reasonably foreseeable at the time of contract, including damage or loss resulting from a breach by Mongoose of these Terms and Conditions
· any damage or loss suffered by the purchaser where they did not enter into a contract with Mongoose as a Purchaser
Mongoose's total liability to the Purchaser for loss or damage arising out of their contact with the purchaser will be limited in respect of each claim to the purchase price of your order or orders.
Mongoose will not be responsible for any breach of our contractual obligations if the breach arose out of an event beyond its control, including but without limitation: failure of infrastructure, government intervention, wars, civil commotion, disease or virus breakouts, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting either Mongoose or its suppliers.
If you are experiencing issues with redemption of Products at the cinema, Mongoose will work with you to address such issues, however Mongoose accepts no direct liability for any issues experienced upon visit to the cinema or in the process of booking cinema tickets. Should you experience poor service, physical harm or damage during your cinema visit then please take this up with the cinema concerned, any liability on Mongooses part can only be accepted in relation to supplying valid vouchers to the purchaser.
By using the Website, the purchaser consents to receive communications from Mongoose electronically and the purchaser accepts that all agreements, notices, disclosures and other communications that Mongoose provide electronically satisfy any legal requirement that such communications be 'in writing'. For this purpose, the most recent email address which you have provided to Mongoose will be deemed to be the correct email address for us to use. You may of course opt-out of any Mongoose marketing messages at any time.
Mongoose reserves the right to make changes to its website, policies, and Terms & Conditions at its absolute discretion.
If any of these Terms & Conditions are determined to be illegal, invalid or otherwise unenforceable by law, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms, and the remaining Terms & Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
These Terms & Conditions are governed by and construed in accordance with the laws of England and Wales.