Terms & Conditions

Terms of Use for www.oliverthemusical.com (“Terms of Use”)

Acceptance of Terms of Use

If you are 16 years old or younger you may not enter competitions on the site. Please ask a parent or guardian to do so on your behalf.

Welcome to www.oliverthemusical.com (“Site”). These are our Terms of Use which you should read before you use the
Site. These terms are a legally binding agreement between Oliver! and you. They will govern the relationship between you and us and everything that you do on the Site. If you do not wish to be bound by these Terms of Use, please do not use the Site. We may change our Terms of Use from time to time without notification and you should regularly review these terms when you visit our site.

Please note that any Oliver! goods or services that you purchase are offered for sale by AKA Limited, a third party company, via a third party website. We are not responsible for any transactions that you enter into with that company or any data that you provide to them.

These Terms of Use govern your use of the Site, the information that we make available to you on the Site and any goods or services that we sell you directly from this Site. These Terms of Use do not govern any other relationship with any third party. If you are entering into a contract with a third party we will make this clear to you on the Site and you ought to read the third party’s terms and conditions carefully before entering into a contract with them. By using this site, you accept that you will be bound by these Terms of Use and any changes that may be made to them from time to time.

1. Oliver!
1.1 This Site is owned and operated by Oliver! (“we”, “us”, “our”). If you would like further information about Oliver!, Oliver! show or anything else referred to on the Site, please contact us using the following details:
  AKA Promotions Ltd
115 Shaftesbury Avenue, Cambridge Circus, London,
WC2H 8AF

2. Use of the Site
2.1 You may not use the Site in any
improper or unlawful manner or in breach of any legislation or licence that
applies to you.
2.2 Except as expressly permitted,
you agree that when using the Site you will not:
(a) publish, post, upload, store,
distribute or disseminate any unlawful, defamatory, infringing, obscene,
harmful, confidential, libellous, hateful, or otherwise illegal material or
information or anything which might constitute a criminal or civil offence;
(b) upload files or other data that
contain software or other material which are the intellectual property rights
of any third party or which are protected by rights of privacy or publicity
of any third party without having received all necessary consents; or
(c) upload files that contain
viruses, corrupted files, or any other software or programs that may
interfere with or damage the operation of the Site or any other computer.
2.3 You agree to comply with all
reasonable instructions that we may give you from time to time regarding the
use of the Site.
2.4 You are responsible for
obtaining (at your own cost) all necessary equipment and telecommunications
services required to access and use the Site. You are responsible for
ensuring that no one uses your equipment to access the Site without your
permission. We will be entitled to assume that anyone who accesses the Site
using your equipment has your permission to do so and you will be liable for
any Charges or any other costs, liabilities or damages that may be incurred
by any such person.
3. Competitions and Prize Draws
3.1 From time to time it may
possible to enter competitions or prize draws through the Site. There may be
additional terms and conditions applicable to those competitions or prize
draws. Where additional terms apply you will be notified of that fact and
given an opportunity to read those terms and conditions before you enter the
competition or the prize draw.
4. Intellectual Property
4.1 All Intellectual Property
Rights (as defined at 4.4 below) in or to the materials and information made
available to you through the Site are either owned by us or licensed to us by
our third party partners. You may only use such information or materials in
accordance with these Terms of Use. Except as expressly provided in these
Terms of Use, we do not grant any express or implied right to you to use the
materials or information made available to you through the Site and nothing in
these Terms of Use shall be construed as an assignment of any Intellectual
Property Rights in or to such materials or information. All our rights are
hereby expressly reserved.
4.2 You may view, download and
print any materials and information made available to you through the Site
subject to the following conditions:
(a) the material and information
may only be used for your personal and non-commercial purposes;
(b) the material and information
shall not be reproduced or included in any other work or publication in any
medium without the written permission of Oliver!;
(c) the material and information
may not be modified or altered in any way;
(d) the material and information
may not be distributed or sold to any third party;
(e) you may not remove any
copyright or other proprietary notices contained in the material or the
information.
4.3 We do not
give you any rights in relation to Intellectual Property Rights in any
product or service that you purchase from or via the Site.
4.4 The term “Intellectual Property Rights” shall be taken to mean all
patents, registered and unregistered trade marks and service marks, domain
names, registered designs and design rights, copyright (including such rights
in computer software and databases), database rights and moral rights (in
each case for the full period thereof and extensions, revivals and renewals
thereof), applications for the foregoing and the right to apply for any of
the foregoing anywhere in the world, and all similar rights anywhere in the
world including those subsisting in inventions, designs, drawings and
computer programs.
5. Warranties and Disclaimers
5.1 We will exercise all reasonable
skill and care in providing the Site. We obtain the materials and information
provided on the Site from third party partners and so we are not able to
guarantee the accuracy, completeness, currency or reliability of any such
materials or information.
5.2 Therefore, except as expressly
provided in these Terms of Use, the Site and all materials and information
provided through it are provided on an “as is” basis without
warranty of any kind, either express or implied (whether by common law,
custom, statute or otherwise) and all other conditions, statements and
warranties (including, but not limited to, any implied warranty of the
fitness for a particular purpose of the Site or that your use of the Site
will not infringe the rights of any third party) are hereby excluded to the
fullest amount permissible by law. Without limiting the foregoing, we make no
warranty that the Site and all materials and information provided through it
will meet your requirements. Therefore we advise you to check any materials
or information provided to you through the Site as any reliance that you
place on the accuracy, completeness, currency or reliability of that
information is at your own risk.
5.3 This Site contains links to
websites and microsites operated by third parties that are not under our
control and are provided to you for your convenience only. We make no warranties
or representations whatsoever about any other website which you may access
through this Site or any services that they may provide. Without limiting the
foregoing, these sites are in no way approved, vetted, checked or endorsed by
us and you agree that we shall not be responsible or in any way liable for
the content, accuracy, compliance with relevant laws or accessibility of any
information, data, advice or statements or for the quality of any products or
services available on such sites. If you choose to access a website beyond
our control, you do so at your own risk. In addition, use of any such third
party website or microsite may be subject to your acceptance of additional
terms and conditions.
6. Limitation of Liability
6.1 Nothing in these Terms of Use
shall be construed as an attempt to limit or exclude our liability in respect
of:
(a) death or personal injury caused
by our negligence;
(b) any loss suffered by you as a
result of your reliance on any fraudulent misrepresentation made by us to
you;
(c) any other liability that cannot
be so limited or excluded at law.
6.2 Subject to Clause 6.1, you
agree that we shall not be liable for:
(a) any indirect loss, claim or
damage, or any punitive, special, incidental or consequential damages of any
kind (including but not limited to lost savings or loss or corruption of
data); or
(b) any loss of profit (whether
direct or indirect), whether based in contract, tort (including negligence),
strict liability, or otherwise, which arises out of or is in any way
connected with:
(c) any use of this Site or its
contents;
(d) any failure or delay in the use
of any component of the Site or any service including, without limitation,
any unavailability of the Site or the services irrespective of duration of
any period of unavailability; or
(e) any use of or reliance upon any
information, material, software, products, services and related graphics
obtained through the Site,
in all cases even if we have been forewarned of the possibility of such loss
or damage.
6.3 Without limiting the effect of
Clause 6.2, due to the inherent risks of using the internet, we cannot be
liable for any damage to, or viruses that may infect, your computer equipment
or any other property when using or browsing the Site. The downloading or
other acquisition of any materials or information through the Site is done at
your own discretion and risk and with your agreement that you will be solely
responsible for any damage to your computer system or loss of data that
results from the downloading or acquisition of any such materials.
6.4 You agree that you shall
indemnify us against any claims or legal proceedings that are brought or
threatened against us by a third party because your use of the Site or any
material or information through the Site is in breach of these Terms of Use.
6.5 Some goods or services may
differ slightly from the description or appearance on the Site. Please check
the delivered product/service immediately on receipt because we will not be
held responsible for any subsequent loss or destruction.
6.6 We will notify you of any such
claims or proceedings and keep you informed as to the progress of such claims
or proceedings.
7. Termination
7.1 We may terminate these Terms of
Use immediately on giving notice in writing to you if:
(a) you commit any breach of any
term of this Agreement; or
(b) you do not comply fully with
Clause 2 above; or
(c) you commit a material breach of
these Terms; or
(d) we choose to so terminate in
our sole discretion.
7.2 You may terminate these Terms
of Use forthwith subject to any outstanding payments due.
7.3 Forthwith upon termination of
this Agreement, you cease all use of the Site. Any termination of this
Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities
of either party nor shall it affect the coming into force or the continuance
in force of any provision in this Agreement, which is expressly or by
implication intended to come into or continued in force on or after such
termination and neither shall it affect any common rights that are available
to you.
8. Data Protection and Privacy
8.1 We will only use any personal
information that we may collect about you in accordance with our privacy
policy. Click
here
to view our privacy policy. This policy forms an essential part of
these Terms of Use and it is important that you read it. By accepting these
Terms of Use you also accept and consent to our privacy policy.
9. No Waiver
9.1 Any failure or delay by us to
enforce any of our rights under these Terms of Use is not to be taken as or
deemed to be a waiver of that or any other right unless we acknowledge and
agree to such a waiver in writing.
10. Third Party Rights
10.1 These Terms of Use are not
intended to be for the benefit of, and shall not be exercisable by, any
person who is not a party to these Terms of Use under the Contracts (Rights
of Third Parties) Act 1999 or otherwise.
11. Severability
11.1 If any clause or part of a
clause of these Terms of Use is, or becomes, invalid, illegal or
unenforceable, then that clause or part of a clause shall be deemed to be
deleted from these Terms of Use. Any such deemed deletion shall not affect
the validity, legality or enforceability of the remainder of these Terms of
Use.
12. Entire Agreement
12.1 The warranties, exclusions and
the other express provisions of these Terms of Use and the privacy policy set
out the full extent of our obligations and liabilities concerning its subject
matter and supersede any previous agreements between the parties relating
thereto. Subject to Clause 6.1, you shall have no remedy in respect of any
untrue statement made to you upon which you relied in entering into these
Terms of Use other than any remedy you may have for breach of the express
terms of these Terms of Use.
13. Governing Law &
Jurisdiction
13.1 This Agreement is governed by
the laws of England and Wales and the parties agree to submit to the
exclusive jurisdiction of the English Courts.

Website administrator:

AKA Promotions Ltd

115 Shaftesbury Avenue

Cambridge Circus

WC2H 8AF