Terms and Conditions

The terms and conditions set forth below (the “Terms”) govern you and your relationship with us while on this site (the “site”) and in connection with the service provided (the “Call”), and are legally binding on you. If you do not agree with any of the terms, please do not access or otherwise use this site or any information contained on this site. This website allows you to help create a Personalised Santa Zoom Call along with other content purchasing offered by Virtual Santa'.

 

It is provided solely for your personal enjoyment. The term “you” refers to the user visiting and/or contributing a content to any virtualsanta.uk.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of the Terms at any time without further notice. If we do this, we will post the changes to these Terms in the appropriate location and indicate the updated date at the top of the webpage. Your continued use of virtualsanta.co after such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) virtualsanta.uk It is your responsibility to regularly check to determine if there have been changes to the Terms and to review such changes.

CHARGES

In order to receive the services provided by virtualsanta.uk, payment must be made in full through our preferred ticket merchant before any transference of Submissions are made.  No service will be made available without said payment.

 

USE OF SERVICES

You agree that in order to receive the services purchased from virtualsanta.uk you must provide information requested (known as Submissions) about your child(ren) that is relevant to the purpose of interaction with Santa.

In return Virtualsanta.uk will promise to:

  1. Never promise a child anything without prior consent from the parents or legal guardians.

  2. To help create the magic of Christmas at all times, never stepping out of character.

  3. To treat each child with the respect they deserve.

  4. To make each visit as special as possible.

  5. Never to push an agenda onto how the child behaves, unless specifically requested by the parent or legal guardian.

  6. Be ready, on time for each and every Zoom call.

Due to the nature of the service, not all preferred times can be guaranteed, however Virtualsanta.uk will work with the parents or guardians to find the best alternative time that is acceptable to all parties.  If, for any reason, Santa is no longer available due to sickness or injury, you will be contacted as soon as possible and refunds will be made through Skiddle.

 

ELIGIBILITY/REGISTRATION INFORMATION AND ACCOUNT SECURITY

As a condition for your use of this website, you warrant that (i) you are at legal guardian or parent (+18 years of age); (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this website and services in accordance with these Terms, and (iv) all information supplied by you for use of the services is true, accurate, current and complete.  We retain the right at our sole discretion to deny access to anyone to this website and the services we offer, at any time and for any reason, including, but not limited to, for violation of the Terms.

SUBMISSIONS

In these Terms, we use the word “Submissions” to mean text, messages, photographs, images and other information or content that you may supply through the Virtualsanta.uk service to create your personalised content, including your and/or other persons’ personal information. You represent and warrant that you have obtained all necessary consents from such third parties consistent with the full scope of rights granted to Virtualsanta.uk pursuant to these Terms, and agree that such persons shall not assert any intellectual property, privacy, publicity, contractual, moral or similar rights, or make any claims that any Submissions are objectionable or otherwise defamatory under the laws of the EU, United States or any other country in connection with the exploitation of such materials as described hereunder.

We shall be entitled to transmit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.

In addition, you are fully responsible for the content of your Submissions, and you are prohibited from posting or transmitting to this website and related emails: (i) any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material, or content that would violate rights of publicity and/or privacy or any other law or regulation, or any material which may be interpreted as offensive to a child or an adult; (ii) any content that is violent, vulgar, obscene, pornographic or otherwise sexually explicit or otherwise harms any person or entity, is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to, engage in child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, or conspiracy to commit any criminal activity; (iii) any commercial material or content (including, but not limited to, advertising, or marketing of any good or services); (iv) viruses, corrupted data or other harmful, disruptive or destructive files; and (v) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.

You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Submissions to this service. You acknowledge that Virtualsanta.uk may exercise its rights (e.g., rights to use, publish and/or delete) with respect to any Submission without notice to you.

Virtualsanta.uk policies with respect to claims by third parties that the content of the website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.

PROHIBITED ACTIVIES

The content and information on this website, as well as the infrastructure used to provide such content and information, is proprietary to us. While you may view the Content created as long as it is available, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell the content purchased from this website. Additionally, you agree not to: (i) use this website or its contents for any commercial purpose; (ii) access, monitor, or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iii) violate the restrictions in any robot exclusion headers of this website or bypass or circumvent other measures employed to prevent or limit access to this website; (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (v) deep-link to any portion of this website for any purpose without our express written permission; or (vi) “frame”, “mirror”, or otherwise incorporate any part of this website into any other website without our prior written authorization.

OWNERSHIP RIGHTS/LICENCES

Subject to your compliance with these Terms, Virtualsanta.uk grants you a non-exclusive, non-transferable, revocable limited license to access and use this website using a web browser or mobile device, solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

Except for Submissions you may submit to our servers while creating your personalised content, all content accessed through the Virtualsanta.uk website, including applications, designs, graphics, music, pictures, software, sound, text, video, and other content and their layout, are proprietary property of Virtualsanta.uk, its users, or its licensors with all rights reserved. None of this content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form by any means, in whole or in part, without Virtualsanta.uk prior written permission, unless the content is purchased as allowed by the website, in which case your rights shall be governed by the Terms of Sale. Except for Submissions, you may not upload or republish any of Virtualsanta.uk content on any internet, intranet, or extranet site or incorporate the information in any other database or compilation. This license is subject to these Terms and does not include use of any data mining, robots, or similar data gathering or extraction methods. Any use of Virtualsanta.uk other than as specifically authorized herein, without the prior written permission from us, is strictly prohibited and will terminate the license granted herein. Such use may also violate applicable laws, including copyright and trademark laws. You agree and acknowledge that we transfer no ownership interests in (i) Virtualsanta.uk or (ii) in the intellectual property of Virtualsanta.uk to you under these Terms or otherwise.

ZOOM POLICY

Effective 1st November 2020, anyone who opts in to services via any Virtualsanta.uk website agrees to receive an email and/or other recurring marketing emails from Virtualsanta.uk. Emails are sent using contact information that you provided to Virtualsanta.uk.

You may opt out of subsequent emails after the services have been concluded as part of the agreement.

This service is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of software, coverage or other changes made by your internet provider.  You agree that Virtualsanta.uk will not be liable for any delays or failures in your receipt of any Zoom calls, as delivery is subject to effective transmission from your network operator and processing by your computer or mobile device.

Check your internet capabilities for specific video call instructions. You represent that you are the owner, or authorized user of the internet device used to access this service, and that you are authorized to approve the applicable charges.  You further represent that you are 18 years of age or older.

Data obtained from you in connection with this service may include your email address, your child’s name, the date, time and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop, and improve the service. The use of Zoom as a video call provider and their practices are governed by their own policies. Please visit https://zoom.us/terms for that information.

We will only use the information you provide to create your Santa call or as otherwise described in this section, or for other business purposes. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms via email or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.  Please also review the Virtualsanta.uk Policy. All Terms are subject to the data collection and other matters outlined in the Privacy Policy.

This service as well as the content and materials received through the service are proprietary to us and our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with or disrupt the service or its functionality.

We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. Your service is also subject to termination in the event your wireless service terminates or lapses. We may discontinue the service at any time.

REFUNDS AND EXCHANGES

We regret that tickets cannot be exchanged or refunded after purchase unless the event is cancelled. If an event is cancelled, ticket holders will be offered tickets at any rescheduled date (subject to availability) up to the face value of the tickets or, if the ticket holder is unable to attend the rescheduled event or the event is not rescheduled, a refund of the face value of the tickets. The promoter reserves the right to alter or vary the programme of an event without being obliged to refund or exchange tickets.

 

Refunds for cancelled events (without a rescheduled date) will be processed automatically by Skiddle, you do not need to contact us to request. Refunds for rescheduled events, whereby you cannot attend the rescheduled date, will be offered via an automated email sent from Skiddle. You must follow the link within the email to request your refund within 7 days of the cancellation email being sent, or before the rescheduled event takes place (whichever is sooner). If you are aware of a rescheduled event, but do not receive an email, please contact us immediately.

We cannot accept any refund requests outside of the periods stated above other fees such as Booking Fees, Handling/Postage fees, Charity Donations and Ticket Refund Protection are non-refundable.

Refunds will be issued only to the original purchaser or to the original credit card used for the purchase

Refunds covered by this clause will be issued by Skiddle on the behalf of www.virtualsanta.uk to the customer in the case that Skiddle hold the ticket funds at the time the refund is due. www.virtualsanta.uk will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Services.

WARRANTY/LIMITATION OF LIABILITY

The information, software, products,and services published on this website as provided to you "as is" and may include inaccuracies or errors.

you expressly agree that your acceptance and use of  www.virtualsanta.uk is a your sole risk. 

ENFORCEMENT OF TERMS

If you fail to fulfill any of your obligations under these Terms, we may terminate your rights granted under these Terms and may pursue all available legal remedies to enforce these Terms. Should legal remedies be used to enforce these Terms, you agree to reimburse us for any and all legal and accommodation expenses arising from the dispute. You agree that our licensors referenced on the Virtualsanta.uk website may enforce these Terms as it relates to their intellectual property.

INDEMNIFICATION

You agree to defend and indemnify Virtualsanta.uk and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (i) your breach of these Terms or the documents referenced herein; (ii) your violation of any law or the rights of a third party; or (iii) your use of this website.

GOVERNING LAW

This Website is operated by a UK entity and these Terms are governed by the laws of The United Kingdom and EU. You hereby consent to the exclusive jurisdiction and venue of courts sitting in the United Kingdom for all disputes arising out of or relating to the use of this website. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. We make no representation that Virtualsanta.uk is appropriate or available for use in any particular location. Those who choose to use Virtualsanta.uk so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

Our performance of these Terms is subject to existing laws and legal process(es), and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this website or any information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this website within two (2) years from the date on which such claim or action arose or accrued or the date such claim or cause of action will be irrevocably waived.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

These Terms (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Virtulsanta.uk with respect to this Website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Virtulsanta.uk with respect to this website. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

LAWS GOVERNING WARRANTIES AND LIABILITY

The law(s) of jurisdiction may define the scope of warranty to be provided for services or the manner in which the supplier’s liability may be limited and such law(s) shall govern these Terms only to the extent of a party protected by such law(s) cannot waive the protection by contract. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or allow the exclusion of implied warranties; therefore, some of the limitations and exclusions above may not apply to you, or you may have other rights not explicitly mentioned herein.

If you have any further questions please don't hesitate to contact us at 

hello@virtualsanta.uk