Terms and Conditions

Terms and Conditions (May 2018 Edition)

You have arrived at Come Round. Good times ahead. Our mission in life is to give everyone a good time by giving them access to great products and services often through loads of cool parties and get-togethers. The reason for our existence is to get people talking about our client’s products and services. Our clients just want you and your friends to have a good time, since they suspect (quite rightly) that you’ll all talk to even more people about their product after you’ve spent some seriously fun time with it. Participants in our campaigns receive a nice box from us with loads of lovely stuff inside to help them get to know the product and have a great time with it. We then ask everyone what they thought. Job done. Now for the legal bit…

comeround.com is a site operated by Come Round Limited (“we”, “our” and us”). We are a company registered in England and Wales with company number 07295031. Our registered office address is at 32 Mulberry Way, Armthorpe, Doncaster, DN3 3UE, United Kingdom and our main trading address is 9 Fisher's Lane, London W4 1RX, United Kingdom. Our VAT registration number is 993 3464 81. By using this site and/or by applying to become (and indeed if you do become) a Selected Participant or a Guest in a Come Round marketing campaign, you are agreeing to be bound by these Terms. Our marketing campaigns include things such as parties (which involve Guests attending a party and telling people about the good times they’ve had!), savvy sampling (where we send you things to try and tell people about) and review campaigns (where we ask you to try something and tell people about it) together with any other campaigns we decide to run for our clients now or in the future. Each of these things are referred to as campaigns in these Terms (a “Campaign”). In these Terms, when we refer to a “Selected Participant” we mean an individual who having applied, has been chosen by Come Round and has agreed to take part in a Campaign; when we refer to a “Guest” we mean an individual who has agreed to take part in an event (such as a party) relating to a Campaign following an invitation from a Selected Participant to attend. For example, this may be a private house party hosted by the Selected Participant. When we refer to an event, we mean an event (such as a party or a product trial) which is taking place as part of a Campaign (an “Event”).

SELECTED PARTICIPANTS ARE SELECTED DEPENDING ON HOW WELL THEY MATCH THE DEMOGRAPHIC PROFILE SET BY THE RELEVANT COME ROUND CLIENT. THAT SELECTION IS MADE FROM ALL THE APPLICATIONS RECEIVED BY COME ROUND UP TO THE RELEVANT CLOSING DATE FOR APPLICATIONS FOR A CAMPAIGN.

WHERE A CAMPAIGN INVOLVES AN EVENT BEING HELD AT A PROPERTY…

AS A SELECTED PARTICIPANT YOU CONFIRM THAT YOU HAVE THE ABSOLUTE PERMISSION OF THE OWNER OF THE HOME OR PROPERTY IN WHICH YOU ARE PLANNING TO HOLD AN EVENT RELATING TO A CAMPAIGN. SUBJECT TO THE TERMS BELOW (IN PARTICULAR POINT 6) WE ARE NOT RESPONSIBLE FOR ANY DAMAGE CAUSED TO THAT HOME OR PROPERTY OR ANYTHING OR ANYONE IN THAT HOME OR PROPERTY AS A RESULT OF A CAMPAIGN.

AS A SELECTED PARTICIPANT YOU AGREE TO RUN THE EVENT RELEVANT TO A CAMPAIGN EXACTLY AS SCHEDULED UNLESS YOU NOTIFY US (BY EMAIL TO [email protected]) AT LEAST 7 DAYS BEFORE THE DATE OF EVENT RELATING TO THE CAMPAIGN, FAILING WHICH YOU MAY NOT BE ALLOWED TO PARTICIPATE IN FUTURE CAMPAIGNS.

1. Terms. These Terms govern your participation in a Campaign and your use of our website. Please read these Terms and our Privacy Policy carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of these Terms for future reference. By participating (or applying to participate) in a Campaign and by using our website, you accept these Terms in full. IF YOU DISAGREE WITH ANY PART OF THESE TERMS, THEN YOU SHOULD NOT PARTICIPATE (OR APPLY TO PARTICIPATE) IN A CAMPAIGN OR USE OUR WEBSITE. In relation to each Campaign, there may be some supplemental terms and rules which apply to that specific Campaign. These will be contained in the relevant Campaign page at www.comeround.com under the section entitled Terms and Rules. We will bring these supplemental terms to your attention before you agree to participate in the Campaign. If you do not agree to those supplemental terms, you should not proceed with your application to participate in the Campaign. These Terms and any supplemental terms apply to your participation in a Campaign.

2. Personal Data. These Terms and our Privacy Policy provide you with details about the personal information we collect from you, why we collect that personal information together with details of your rights in relation to your personal information. Please click here to see our Privacy Policy.

3. Intellectual Property. Unless otherwise stated, we and/or our licensors and/or our clients own the intellectual property rights in our website and in the material on our website and any material created in relation to a Campaign. Such materials are protected by copyright laws and treaties around the world and all such rights are reserved. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these Terms, 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.

4. Website. All warranties arising in relation to our website or its content are to the fullest extent permissible by law excluded, and accordingly we can accept no liability for loss or damage suffered by you as a result of:

(a) The content of our website;

(b) Viruses that may infect equipment;

(d) Access to and/or use of the website by you or any other visitor or member of the website;

(e) Inaccuracies or omissions in content;

(f) Acts or omissions of visitors to or members of the website;

(g) loss of profit, revenue, business or consequential loss as a result of your use or access of the website.

Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and Privacy Policy and that they comply with them.

5. You will fully indemnify (compensate) us from and against any and all claims, liability, damages, losses, costs or expenses (including, but not limited to, legal fees and costs) which we suffer or incur directly or indirectly due to you breaching any of part of these Terms.

6. Campaigns

(a) You agree that in return for us allowing you to run or attend an Event relating to a Campaign, or (where a Campaign doesn’t involve an Event) us allowing you to participate in a Campaign, you grant to us and our affiliates, licensees, subsidiaries, successors and assigns a worldwide, perpetual, fully transferable free licence to exploit (use) by any means in and in any manner and for any purpose (whether promotional or commercial) your name, likeness, images, words, quotes, photographs (digital or otherwise), recordings and other personal attributes created by any manner in relation to an Event. We will not use photos of children outside of the Campaign without the prior written consent of the parent / guardian. Any such exploitation (use) shall not require your permission nor shall any payment or notice be due to you and you irrevocably waive any rights you may have in connection with the grant of rights in this clause. You agree that we shall be the sole owner of the copyright in and to any materials created as part of a Campaign which comprise your name, likeness, image, words, quotes, photographs, recordings and other personal attributes.

(b) We shall be entitled to cancel your participation in a Campaign at any time and for any reason. We reserve the right to determine in our sole discretion who shall participate in Campaigns and associated events.

(c) Any products and materials supplied by us are provided solely for promotional use in connection with Campaigns and/or Events and are not intended for resale. All items intended for inclusion in a campaign pack are subject to availability and are strictly described for illustrative purposes ahead being sent to a Selected Participant. We cannot guarantee that what is intended to be in a Campaign pack will ultimately end up being in that Campaign pack.

(d) Your participation in a Campaign is entirely free of charge and neither we nor our clients shall make any payment or contribution to your expenses in connection with you participating in a Campaign or associated event although we may (but are under no obligation to) send you products and other materials for use in connection with a Campaign.

(e) If the Campaign involves you hosting an Event, You confirm that you have the absolute permission of the owner of the home or property to use their home or property to run an Event relating to a Campaign.

(f) By agreeing to be a Selected Participant of a Campaign that involves an Event, you confirm that you intend to run an Event relating to the Campaign on the date agreed and that if you are no longer able to do so on the agreed date then you will notify us by email to [email protected] at least 7 (seven) days before the date of the Event relating to the Campaign, failing which we may not allow you to run an Event relating to a Campaign in the future.

(g) By agreeing to be a Selected Participant of a Campaign that does not involve an Event, you confirm that you will comply with our reasonable instructions when you participate in a Campaign and any failure to do so may mean we do not allow you to be involved in a Campaign in the future.

(h) You must not apply to be a Selected Participant in any given Campaign more than once. Also only one application per household is allowed for any given Campaign. You cannot be a Guest and a Selected Participant for the same Campaign. Guests must be actual friends or family members of the Selected Participant (and not strangers).

(i) You confirm that you are over 18 years old.

7. Limitation of Liability. IN NO EVENT SHALL WE, OUR SUCCESSORS, ASSIGNS, LICENSEES, EMPLOYEES, DIRECTORS, AFFILIATES COMPANIES, CUSTOMERS, SUPPLIERS, AGENTS OR INSURERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, CONSEQUENTIAL OR OTHERWISE), LOSSES, COSTS, EXPENSES (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES AND COSTS), DAMAGES RESULTING FROM:

(a) LOST PROFITS RESULTING FROM PARTICIPATION IN A CAMPAIGN (WHETHER AS A SELECTED PARTICIPANT, GUEST OR OTHERWISE); AND/OR

(b) FROM THE USE OF ANY PRODUCTS OR MATERIALS OBTAINED BY YOU THROUGH PARTICIPATION IN A CAMPAIGN; AND/OR

(d) FROM THE USE OR INABILITY TO USE OUR WEBSITE; AND/OR

(e) FROM THE USE OF PERSONAL INFORMATION PERMITTED IN THESE TERMS AND PRIVACY POLICY;

WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL LIMIT OUR LIABILITY FOR PERSONAL INJURY OR DEATH ARISING OUT OF OUR NEGLIGENCE OR ANY OTHER LIABILITY FOR WHICH WE CANNOT LAWFULLY EXCLUDE LIABILITY.

IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE BECOME LEGALLY UNENFORCEABLE, THEN WE AND OUR AFFILIATES’ AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9. Applicable Law. These Terms will be governed by and construed in accordance with English law, and any disputes relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England.

10. Entire Agreement. These Terms and the documents referred to in it, constitute the entire agreement between you and us in relation to your participation in any Event as well as your use of our website, and supersede all previous agreements. We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

For a hard copy set of these Terms please contact us on 020 8133 2202. All correspondence and queries should be sent by email to [email protected] or by post to Come Round, 32 Mulberry Way, Armthorpe, Doncaster, DN3 3UE, United Kingdom.

11. Unsubscription. If you unsubscribe from receiving emails from us, then you will no longer receive any communications from us. If you want to receive communications from us or participate in a Campaign after you have unsubscribed, you will need to re-register with us using a different email address to the one that has been unsubscribed. Or (if you wish to use the same email address that has been unsubscribed) you will first need to delete your Come Round account (by going to the Settings section in your Come Round account), or ask us to delete it for you by emailing us at [email protected], after which you can then re-register with us using the same email address that was previously unsubscribed.

12. Term. These Terms will remain in full force and effect while you use our website and also during and after you participate in an Event.

13. Updates. We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

14. Website Content. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

15. Viruses. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

16. Your account and password. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at to [email protected].

May 2018 Version

Cookies

You can find more information about the individual cookies we use and the purposes for which we use them below:

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