"Supplier" means the third party providing the activity, event or experience in relation to which you purchase the Voucher.
"Voucher" means the voucher which you receive as confirmation of your purchase of a specific/non specific activity, event or experience on our Site.
"You/your" means the person accessing, using, ordering or dealing with our Site as a customer.
"the Act" means the Data Protection Act 1998.
2. TERMS AND CONDITIONS
3. INFORMATION ABOUT US
wish.co.uk is a Site operated by Wishcouk Limited ("we/our/us"). We are registered in England and Wales under company number 07613394 and have our registered office at 27 Mortimer Street, London, United Kingdom W12 3BL which is also our main trading address.
3.1 USING OUR SITE
4. PRICE AND PAYMENT
4.1 The price we charge you for the Vouchers at the time of payment is correct and includes VAT where applicable. We reserve the right to alter the price of any Vouchers advertised on our Site without notice.
4.2 When you make your order with us, we will direct you to a third party who will process your payment on our behalf. We are not liable for any acts or omissions of the third party processing your payment on our behalf. For details of how to pay please see http://wish.co.uk/how-to-order/.
5. DESPATCH OF VOUCHERS
Once you have made full payment for the Voucher, you will receive an email confirming your order and receipt of payment. For information of delivery, please see http://wish.co.uk/delivery/.
6. OUR REFUNDS/EXCHANGES POLICY
6.1 You may cancel an order at any time within seven working days, beginning on the day after you received the Voucher. To cancel an order, you must inform us in writing (we accept email notification). You must also return the unused Vouchers to us as soon as reasonably practicable, and at your own cost. We recommend that when returning any unused Vouchers to us you use recorded delivery to ensure we receive the Voucher as we will not be liable to refund you for any Vouchers lost in the post.
6.2 We (or a third party processing your payment on our behalf) will process the refund due to you as soon as possible and, in any case, within 30 days of the day we received notification from you. In this case, we will refund the price of the Voucher in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the Voucher to us.
6.3 We (or a third party processing your payment on our behalf) will usually refund any money received from you using the same method originally used by you to pay for your purchase.
7. ACCESS TO OUR SITE
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
8. SUPPLIER'S TERMS OF BUSINESS
We act as an agent for the promotion of the Supplier's services (e.g. the company providing the bungee jumps, sky diving activities). When you make full payment through us you will be bound by the terms and conditions of the Supplier. Therefore we recommend that before you make use of the experience you should familiarise yourself with the Supplier's terms and conditions which are available via a link on the email from us confirming your purchase. It is the responsibility of the Supplier to tell you its terms and conditions and to ensure that you understand you are bound by them.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2 You may print or download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site.
9.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
9.4 You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
9.5 If you print off, copy or download any part of our Site in breach of these Terms and Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
10. RELIANCE ON CONTENT ON OUR SITE AND LINKS FROM/TO OUR SITE
10.1 Where our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those Sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
10.2 Commentary and other materials (such as descriptions of experiences) on our Site are not intended to amount to advice on which reliance should be placed and will contain editorial content created for entertainment value. We recommend that you visit the Supplier's website for detailed descriptions and information for the relevant experience. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
11. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We will pass your name and email address to a third-party, called eKomi, to gather reviews of Wish.co.uk or the product(s) you order. The third-party will not share your name, email address or phone number, and will not contact you for any other reason.
12. OUR LIABILITY
12.1 Whilst we take every care in choosing the Suppliers, this does not mean that we guarantee their safety standards or the satisfactory performance of any of the Suppliers. Therefore, subject to Clause 12.4, we shall not be liable to you, whether in contract, tort, breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the purchase by you of any Voucher (including any losses that may result from the Supplier's acts or omissions or the acts or omissions of the Supplier's employees, agents or subcontractors).
12.2 Subject to Clause 12.1, our total liability to you in respect of all other losses arising under or in connection with the purchase of any Voucher by you, whether in contract, tort, breach of statutory duty, or otherwise shall not exceed the greater of £100 or the face value of any Voucher purchased by you from us.
12.3 Subject to Clause 12.4, the material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law we hereby expressly exclude liability for:
12.3.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
12.3.2 any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:-
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
(h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of, or damage to, your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
12.4 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
13. OUR SITE CHANGES REGULARLY
We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
14. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
14.1 We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our Site.
14.2 You will be subject to the terms and conditions in force at the time that you make payment, unless any change to the terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or the terms and conditions before we send you the email confirming your order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Voucher).
15. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations in relation to the Vouchers that is caused by events outside our reasonable control (Force Majeure Event).
16. JURISDICTION AND APPLICABLE LAW
16.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site.
16.2 These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
17.2 We each acknowledge that, in entering into a contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
17.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
17.4 Nothing in this clause limits or excludes any liability for fraud.
18. YOUR CONCERNS
If you have any concerns about material which appears on our Site, please contact us.
Thank you for visiting our Site.