Frantic Puzzles
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Frantic Puzzles - Terms and Conditions

1. Introduction and Scope

1.1.  These terms and conditions apply to all services available through the "Frantic Puzzles" website, accessed via the domains franticpuzzles.com or franticpuzzles.co.uk, or any sub-domain of such. They are effective from 13th October 2011.
The "Frantic Puzzles" website is owned and run by:
Dark Peak Technologies
The Pinfold Hassop Road - Calver - HOPE VALLEY - S32 3XN
VAT Registration No : 855 9813 76
1.2.  In these terms & conditions:
  • "The Website", "Frantic Puzzles" means any website accessed via the domains franticpuzzles.com or franticpuzzles.co.uk, or any sub-domain of such.
  • "DPT", "We" means the owners and operators of the website, Dark Peak Technologies.
  • "Visitor", "You" means any person accessing any part of the website.
  • "Member" means any person accessing the website who has registered in order to participate in prize puzzle competitions or other services offered by the website.
1.3.  Frantic Puzzles is provided for visitors personal use, by using or accessing the website you agree to be bound by these terms and conditions. Please read them carefully as they affect your rights and liabilities under the law.
Please DO NOT use the website if you do not agree to these terms and conditions.
1.4.  We may alter these terms and conditions for legal or regulatory reasons, or to allow operational changes to the website. Any such changes will be highlighted on the front page of the website for a period of 30 days. Continued use will indicate your acceptance of the new terms and conditions. DPT does not recognise any terms and conditions set by you unless we have agreed to them in writing. The content on the website is not intended to amount to advice on which reliance should be placed. DPT disclaims to the fullest extent permitted by law all liability from any reliance placed on the content of the website by any visitors or by any third party who may be informed of any of its content.
1.5.  Content and intellectual property rights
1.5.1.  We will defend the intellectual property rights in connection with our website services and content, including copyright of the content whether provided by DPT or other content providers (including copyright in: all text, graphics, video and audio content regardless of format and all software and data).
1.5.2.  Except as set out in 1.5.3, you may not copy, modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display or in any way exploit any of the content, in whole or part.
1.5.3.  Subject to the other terms of this agreement, you may download or copy content for your own personal use, provided that you maintain all copyright and other notices contained therein.
1.5.4.  You may not use our or our supplier's names, logos and trademarks.
1.6.  Governing Provisions
1.6.1.  We may communicate with you regarding any matter relating to your membership, our terms or your use of the website via post or email. You agree that email communications are contractually binding in the same way as signed paper work sent through the post.
1.6.2.  Where we provide services without specific charge to you, then they are deemed to be provided free of charge and not associated with any other service for which a charge is made.
1.6.3.  Nothing in these terms and conditions or on our website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
1.6.4.  If any of these terms are at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
1.6.5.  No waiver by us, in exercising any right, power or provision outlined in these terms shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
1.6.6.  In the event of a dispute arising out of, or in connection with these terms or any contract between you and us, then you agree to settle the dispute by engaging in good faith with us in a process or mediation before commencing arbitration or litigation.
1.6.6.1.  In the event of legal proceedings, suit may only be brought in the court of England.
1.6.7.  We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including (without limitation) strikes, lockouts, industrial action, civil commotion, riot, invasion, terrorist activity, fire, storm, flood, impossibility of the use of transport or communication services and systems.
1.6.8.  These terms and conditions shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
1.6.9.  DPT endeavours to meet all requirements of the Gambling Act 2005 and these terms are drawn up on advice from the gambling commission - December 2009.

2. Membership and Participation

2.1.  You may NOT register to become a member of Frantic Puzzles, nor take part in any prize games that do not require membership if:
  • You are under the age of 16.
  • You are not able to form a legally binding contract.
  • You have previously been a member and your membership has been suspended.
  • You are not a UK resident.
    Note. Delivery of prizes will ONLY be made to the mainland, Isle of Wight and Northern Ireland, excluding the Channel Islands, the Isle of Man, the Scilly Isles, Scottish Islands and BFPO addresses.).
  • You are an employee or relative of an employee of DPT.
  • You do not have a UK registered mobile phone.
2.2.  Visitors to the website are required to register and become a member to participate in Frantic Puzzles prize puzzles and other selected services offered by DPT through the website except:
2.2.1.  "Charity Scoop" prize games may be played without becoming a member, terms in 2.1 still apply.
2.3.  An individual may only hold ONE membership and must register using their residential postal address.
Non-residential and PO Box addresses may not be used. ALL prizes won will be delivered to this address.
If a member moves house, the new address must be updated on the website; failure to do so may result in a membership being suspended. The new address must meet with these terms and conditions.
2.4.  All members must choose a username of at least 6 characters, duplication with existing members will be checked at the time of registration as the username must be unique. The username chosen must not offend standards of common decency or infringe upon the rights of third parties. The use of misleading usernames or names chosen for marketing purposes is strictly prohibited. The suitability of a username to meet these terms and conditions will be solely at DPT's discretion and we reserve the right to suspend a membership until a suitable alternative username is provided by the member. Each member must also choose a password for their membership; again this must be at least 6 characters and include numeric as well as alpha characters.
2.4.1.  In general, the member shall be liable for all actions undertaken on the website from the use of their username and password.
2.4.2.  To complete registration the member must provide a legitimate UK mobile phone number. This is to allow DPT to authenticate a member's identity. An authorisation code is sent by SMS to the number, this must be entered to complete the membership registration process. If a member changes their mobile phone, the new number must be updated on the website; failure to do so may result in a membership being suspended.
2.5.  Membership is non-transferable and an individual may not have more than one membership, nor can more than one membership share the same mobile phone number or email address.
2.6.  DPT will not discuss a membership with any person other than the person who registered the membership; proof of identity will be ascertained before any such discussion takes place.
2.7.  We reserve the right to restrict the number of memberships registered to a single postal address.
2.8.  DPT reserves the right to verify and authenticate the identity, email address, mobile phone number and postal address of any member. If we are not able to do so using reasonable endeavours, then DPT may request members to provide photo ID, proof of address or other such documentation deemed necessary. Should such proof not be provided or deemed unsatisfactory, then we have the right to permanently suspend the membership. All unused credits on the account and any won prizes not yet delivered will be forfeit.
2.9.  Any abuse by a member or violation of these terms and conditions will result in the suspension of the membership and may result in criminal proceedings.
2.10.  DPT reserves the right to restrict the number of prize puzzles any member may enter in given time periods.

3. Purchasing Credits

3.1.  All necessary credits must be purchased or credited to the member's account prior to participating in any prize puzzle. For current credit prices please click here. DPT reserves the right to amend these prices or to offer promotional discounts on credit purchases without notice.
3.1.1.  The purchased credits are non-refundable.
3.1.2.  Payment for credits may be made by a valid debit or credit card via PayPal. When credits are purchased and credited to the members account, a contract for the purchase of the credits is created.
3.1.3.  "Charity Scoop" prize games may be entered by post and payment by cheque is acceptable.
Cheques must be cleared before participation in the game may commense.
3.2.  Should a payment for credits not be honoured by a member's financial institution a returned payment charge will be levied against the member to cover administrative costs incurred by DPT. DPT reserves the right to suspend a membership until payment of the outstanding amount, including any returned payment charges, and to withhold any outstanding prize deliveries until payment in full is received.
3.3.  All credits credited to a members account, whether promotional offers or purchased credits, are considered equal, and for the purpose of a member terminating their account have no monitory value.
3.3.1.  Any special offers or promotions shall only be valid if they are announced on the website, in a Frantic Puzzles marketing email or in a Frantic Puzzles publication.
3.4.  All credits are valid for 180 days from being credited to a member's account, when entering a prize puzzle a members "oldest" credits are used first.
3.4.1.  After 180 days credits expire and will be removed from a members account.
3.5.  When credits are used to take part in a prize puzzle they are deducted from the members account and cannot be retracted.

4. Prize Games

Frantic Puzzles run 4 types of prize game. Each game has it's own terms, conditions and rules. These are to be taken as inclusive of these terms and conditions.
4.1.  DPT reserves the right to change a prize game start time or to remove a pending prize game before the game starts.
4.1.1.  Changes to a prize game start time will always allow at least 8 hours to the new start time of the game.
4.2.  Should a prize game, for technical or communication reasons, become unavailable to members DPT reserves the right (all at our discretion):
4.2.1.  To void any winning notifications sent.
4.2.2.  To return any credits placed.
4.2.3.  To restart the prize game.
4.2.4.  To completely revoke the prize game.
4.3.  Not all prize games will be available to all Members. Limitations on entry are based on a members skill and previous wins.
This is to keep the prize games more interesting and accessible to all members.
4.3.1.  Special limits may apply to high value prizes and these will be outlined on the website with the prize description at least 8 hours prior to the game start.
4.3.2.  DPT reserves the right, at its absolute discretion, to restrict the number of prize games a member may participate in.

5. Prizes

5.1.  Contract of sale
At the close of a prize game, a winning notification email is sent automatically to the winner. As a prize game may close prematurely due to technical or communication errors, this notification is not to be considered a contract of sale. When a prize game has been verified as completed, a notice of purchase, which may constitute a contract of sale, will be available to the member through the member's area of the website.
5.2.  Though a contract of sale is created between DPT and the game participant, no monies are due for the prize.
5.3.  A member must actively accept the notice of purchase through the website, failure to do so within 7 days will result in the notice of purchase being withdrawn.
5.3.1.  Should a notice of purchase be withdrawn, the member's right to ownership and delivery of the prize will be permanently revoked; no credits or monies shall be refunded to any game participant.
5.4.  A prize shall not be dispatched and delivered until any and all payments due from a participant are made in full.

6. Delivery

Products and items may be delivered from DPT's own warehouse and storage facilities or direct from any of our supplier's warehouses.
6.1.  Without exception, products will only be delivered to the address stored on the purchasing member's account or the address provided through postal entries.
6.1.1.  In the event a member's address is not recognised by the Royal Mail we will ask the member for confirmation; failure to do so within 14 days will revoke your right to any prize.
6.1.2.  Deliveries will ONLY be made to the UK mainland, Isle of Wight and Northern Ireland, excluding the Channel Islands, the Isle of Man, the Scilly Isles, Scottish Islands and BFPO addresses.
6.2.  All delivery times on the website are estimates for information purposes only, and must not be taken as binding contracts.
6.3.  If, on delivery, a product or its packaging is obviously damaged it should be refused and not signed for.
6.4.  If damage to a product as a result of carriage becomes apparent after delivery, or the wrong product is received; you must let us know within 3 days.
6.4.1.  Failure to notify DPT within 3 days of a damaged or incorrect product constitutes acceptance of the item as is.
6.5.  In the event we or our partners are unable to deliver the purchased product within a timely manner, DPT reserve the right to substitute the product with another item with comparable or superior features or:
6.5.1.  To revoke the contract of sale through rescission and offer a refund of any payments made for credits used to participate in the prize game.
6.5.2.  This does not affect your statutory rights.

7. Cancellation and Returns

7.1.  DPT grants to the participant winning or claiming prizes for personal purposes the right to cancel in accordance with statutory provisions and legislation on mail order and e-commerce sales.
7.1.1.  This right to cancel DOES NOT cover the purchase of credits.
7.1.2.  Nor does it cover the purchase of audio and video recordings, eBooks or data provided on any media or of software, if and to the extent that the security seal on any returned media has been broken by the purchaser.
7.1.3.  This does not affect your statutory rights.
7.2.  Contract of sales with none retail consumers will be treated by DPT as international supply agreements; therefore such parties have no rights to cancel unless agreed in writing with DPT; or required by law.
7.3.  A winner may cancel a contract of sale from the acceptance of purchase notice to within 14 days of receipt of the item.
7.3.1.  A prize must be cancelled in writing (post or email) or by returning the product to the address given on our Contact Us page.
7.4.  In the case of a valid cancellation, both parties must return what has been received in execution of the contract and any benefits derived as applicable.
7.4.1.  A participant is entitled to a refund of any credits used in the winning of the prize, no refund will be given for postage and packing.
7.5.  Returned products will ideally be in their original packaging.
7.5.1.  The prize winner will meet cost of postage for returns (unless the product is found to be faulty).
7.5.2.  Should DPT incur additional costs due to insufficient postage or from any other delivery means, these will be deducted from any refund payment made to the winner.
7.6.  If the member is unable to return the product or is only able to return it in part or in a depreciated condition, compensation will be due to DPT to cover the loss of value; this will be deducted from any refund.
7.6.1.  Excluding; cancellations and returns due to a product having a manufacturing defect or fault.
7.7.  Products are supplied on the basis that they are reasonably fit for any reasonable use to which a member should put them, subject to what is authorised in the instruction manual of the manufacturer.
7.8.  The winner must retain all manufacturers' warranty and guarantee information, as this will be needed by DPT in the case of a return due to a fault;
7.8.1.  It will often be quicker for the prize winner to contact the manufacturer directly regarding rectifying a fault.