Terms Of Service
These terms and conditions apply to all products and services bought and consumed in relation to the website (“Terms of Service”), the Santa HQ app and all associated and related content, materials and platforms by the customer (including the person paying for the goods and services, as well as any non-paying recipients deriving benefit therefrom) (“You”) and MP Entertainment Ltd. (“Us”/ “We”/ “Our”).
Any child recipient of the Services shall be considered as the “Child”.
2. Products and Services
We offer You the following separate products, which are intended for private use only:
- Santa HQ’s Christmas Adventure; including access to Our exclusive Santa HQ app (the “Experience”); and/or
- a pre-recorded personalised video message from Santa for viewing at a time of your convenience (“Personalised Video Message“); and/or
- Online face-to-face video call with Our Santa performer for up to ten minutes (“Video Call”), including Santa HQ’s Christmas Adventure,
- Christmas Album, including a downloadable PDF to be shared with friends and family, including all activities You/ the Child participates via the Experience (“PDF”),
together, the “Products”.
Note that on purchasing the Personalised Video Message and/or the Video Call, the Experience (and for the avoidance of doubt, access to the Santa HQ app) is received and accessible by You free of charge.
3. Purchasing the Products
The Products are available for purchase on the following website: santahq.app. You make an offer to purchase from us by requesting each of the Products on Our website. We may only accept Your offer where We either provide You access to the Experience or allocate You a Video Call.
When You are a customer of Ours, You are entitled to create as many accounts as You wish, but there is also the option to have a single-family account for access to all users of the Experience.
4. Product Price
In purchasing the Experience, You will gain access to the services and activities contained within it. The price for this Product is as advertised on Our website.
Prior to purchasing the Video Call, You will be required to select Your preferred date and time to attend a Video Call with the Santa performer. This date and time will be fixed, subject to the Rescheduling Video Calls section below. You will therefore have a committed date and time for the Video Call on purchasing this product. In the event You purchase the Experience Product and later wish to upgrade to the Video Call Product, the price to do so will be dependent on the availability of Our Santa performers and the demand for the Video Call product, at the particular time. We reserve the right to price this Product according to such factors.
5. Terms and Conditions for the Products
The following are conditions for the Products. If You do not accept the below terms and conditions and limitations, please do not procure the Products as You will not be entitled to a refund or other compensation based on customer dissatisfaction in relation to the below.
All the Products are designed and sold for private use only therefore You shall not, in any circumstances, claim any ownership of any content, including that which You upload (except for personal data) to the Experience, Video Call or PDF.
All intellectual property rights in relation to the Products and any information contained within them (except for Your or the Child’s personal data; the “Data”), including any integration of the Data with Our systems, shall be Our property in perpetuity. You undertake not to upload or provide any information, data, graphics, documents, photographs, any media etc. for which You do not have the right to provide or transfer intellectual property rights to Us. In the event of any infringement, You shall indemnify Us for any costs or damages incurred in relation to any intellectual property disputes, claims, damages etc. in relation to You.
The Experience is available on Android and iOS devices. It has been designed and built for tablet format devices, although it is also enabled for larger format mobile devices. The best user experience will therefore be received on a tablet device, and We recommend that this technology be utilised for consuming the Experience. If You do not use such devices and receive or perceive a degraded service, You shall not be entitled to any refunds or settlement of any disputes.
Personalised Video Message
On purchasing the Personalised Video Message, You will be required to complete a questionnaire of information from which the Santa performer will personalise Your video call. Failure to complete or answer information comprehensively or with sufficient detail will effect the output of the content of the Personalised Video Message. The Video Message will be available from 21 December 2020 for viewing through the app and/or https://my.santahq.app.
On purchasing the Personalised Video Message, the Experience (and for the avoidance of doubt, access to the Santa HQ app) is received and accessible by You free of charge.
- In order to access this Product, You require access to a tablet/mobile device running iOS or Android software with a camera, and are required to enable camera and microphone access during the period of the Video Call.
- You shall be obliged to recall the date and time of Your Video Call. While we shall use our reasonable endeavours to notify to remind You of such, that notification will in no way be considered as a pre-condition of the Product.
- The Video Call is limited to four children in any single Video Call with Our Santa performer.
- The Video Call will be an active call, with communication, dialogue and discussion between Our Santa performer and You and the Child. The Santa performer will not continue the Video Call longer than the natural conversation or interaction. Therefore, the Video Call will last as long as the discussion with the Child, but in no event exceed longer than ten (10) minutes. The Video Call Product will be deemed satisfied no matter the length of its duration.
- We reserve the right to record and monitor the Video Call, on an ad hoc basis and from time to time, for training and quality purposes. This shall remain subject to Your rights to request the deletion of Your data and Our promise to, nevertheless, delete Your data, as detailed in these Terms of Service.
- In the event of any technical failure as a result of the following parties (at Our sole discretion):
- Your fault, internet connection, electronic device etc., then the Video Call will end on the occurrence of the technical failure or disturbance. We will however use reasonable endeavours to resume connection where there is disruption or delay, subject to the time limit set of 10 minutes for the Video Call however, will not do so where there is total connection failure. Where connection cannot or is not resumed, the Video Call will end at that time and all Our obligations and responsibilities to You shall be considered as discharged. Therefore, You will not be refunded for the Video Call or entitled to reschedule another Video Call pursuant to section 6 below.
- Our fault, internet connection, electronic device etc., then We will attempt to reschedule your Video Call pursuant to section 6 below, at no additional cost, provided that: there are available date and time slots for a subsequent Video Call. Where We have offered available alternative date and time slots, but You do not accept such, You will not be entitled to a refund. Where We have been unable to offer available alternative date and time slots, We will refund You the proportionate value of the Video Call (excluding the value of the use of the Experience).
- The Video Call is accessible on https://my.santahq.app and/or the app.
- On purchasing the Video Call, the Experience (and for the avoidance of doubt, access to the Santa HQ app) is received and accessible by You free of charge.
- The PDF Product is a compilation of the Experience’s activities, uploaded information and material by You and the Child during the festive period. This can be requested at any time through the Experience or via the online portal at any time up to no later than 5th January 2021.
- The accessibility of the PDF Product will depend on the technology interface, operating system etc. of your devices. We therefore cannot be held responsible for any failure to access or download the PDF.
6. Rescheduling Video Calls
If You are unable to make or otherwise wish to change your originally purchased Video Call date and time, We will endeavour to reschedule you to another available date and time. Please contact Our support team at firstname.lastname@example.org in order to discuss this request. However, this shall be on the following conditions:
- You shall provide Us no less than seventy-two hours prior written notice from the time of Your Video Call. In the event that You provide Us any notice less than this, You shall not be entitled to any refund or rescheduling rights. You may however re-book a Video Call at our website, at Your cost;
- If the new date and time slot You choose is more expensive (because of the availability of Our Santa performers or the demand for Video Calls), You will only be able to reschedule on the payment of the additional sum;
- If the new date and time slot You choose is the same price (because of the availability of Our Santa performers or the demand for Video Calls), You will not be required to pay a rescheduling fee; or
- If there are no further available date and time slots (because of the availability of Our Santa performers or the demand for Video Calls), You will not be entitled to a refund or to claim against us for any compensation as a result.
For the avoidance of doubt, in the event of any non-attendance by You, without our prior written consent and approval by Us pursuant to the above, You shall not be entitled to any refund, compensation or rescheduling. You may however re-book a Video Call at our website, at Your cost.
We will use Our commercially reasonable endeavours not to reschedule any Video Calls. However, if We need to do so, for any reason, We will:
- Contact you as soon as possible on the contact details You have provided to Us, with as much notice as is possible considering the circumstances of Our reason for rescheduling or cancelling (at Our sole discretion), in order to rearrange; and either
- Provide You a proposed alternative date and time during which Our Santa performer is available. If We are unable to provide alternative available dates, We will provide You a full refund.
- In the event an alternative date and time is available, but You do not wish to accept it, no refund will be available.
7. Our Promises to You
All Our Santa performers are fully DBS checked and are both trained and experienced in engaging and communicating with children of all ages, including with respect to age-appropriate language, conversation and interaction. We will use reasonable endeavours to ensure that the performers provide a good standard of service in light of the nature of the Product, including with respect to the physical surrounding and its festive decorations, their physical costumes and attire to replicate the ‘Santa experience’ and to engage in an appropriate manner.
In any event, We disclaim that the performer shall be convincing to a child user that the performer is actually Santa. We anticipate that the age and awareness of the particular child is paramount to the believability of the performer as the fictional character, Santa Claus.
We endeavour to provide the best possible experience and feedback is always welcome. If you would like to discuss your experience or have a complaint, please contact Our support team at email@example.com.
You are entitled to change Your mind and claim a refund against the Product up to but no longer than fourteen (14) days after purchase, provided that You have not accessed or made any use of the Experience, including with respect to obtaining access to the activities and materials within the Experience. Where you have done so, You shall not be entitled to a refund.
You are entitled to terminate Your Video Call date and time with Our Santa performer, according to section 6 (rescheduling video calls).
10. Warranties & Waiver
YOU CONFIRM THAT, ON ENTERING INTO THESE TERMS OF SERVICE, YOU HAVE NOT RELIED ON ANY STATEMENTS, REPRESENTATIONS OR WARRANTIES, THAT NO SUCH STATEMENTS INDUCED YOU INTO PURCHASING THE PRODUCT AND THAT YOU ARE WILLINGLY PURCHASING THE PRODUCTS ON THESE TERMS OF SERVICE. WE MAKE NO WARRANTY WITH REGARD TO FITNESS FOR ANY SPECIFIC PURPOSE.
WHILE WE TAKE REASONABLE EFFORTS TO MAKE THE PRODUCTS AVAILABLE ON A VARIETY OF DEVICES, OPERATING SYSTEMS ETC. HOWEVER, WE MAKE NO GUARANTEE THAT THE PRODUCTS WILL BE VISUALLY DISPLAYED AS DESIGNED ON EACH OF YOUR DEVICES, OR THAT THE PRODUCTS WILL FUNCTION AS INTENDED OR ANTICIPATED. NOTE THAT ACCESS TO HTTPS://MY.SANTAHQ.APP GRANTS YOU ACCESS TO THE FEATURES OF THE PRODUCTS, HOWEVER THESE WILL OPERATE PRACTICALLY IN DIFFERENT WAYS.
11. Limitation of Liability
WE RETAIN NO LIABILITY TO YOU IN THE EVENT OF FAILURE OF THE PRODUCT TO OPERATE AS ANTICIPATED OR PLANNED AS A RESULT OF YOUR DEVICE (CONFIGURATION, SETTING, OPERATING SYSTEM, DEVICE OR ANY OTHER TECHNICAL COMPONENTS RELATED THERETO) WE EXCLUDE ALL WARRANTIES, OBLIGATIONS AND CONDITIONS UNDER THE SUPPLY OF GOODS AND SERVICES ACT 1982 TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN ANY EVENT, WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCONSEQUENTIAL OR SPECIAL DAMAGES. IN ANY EVENT, WE SHALL NOT BE LIABLE TO YOU FOR: THE COST OF REPLACEMENT OR SUBSTITUTE SERVICES, EXPENSES INCURRED IN PREPARATION OF, OR PARTICIPATION WITH THE PRODUCTS, LOSS OF: REVENUE, INCOME, SAVINGS OR OTHER COSTS INCURRED IN RELATION TO SPECIFIC DATE OR TIME ALLOCATION, LOSS IN RELATION TO ‘BABY-SITTING’ SERVICES OR RELATED COSTS/ LOSSES OR ANY OTHER LOSS OF MANAGEMENT, OPERATION, ADMINISTRATIVE ETC. TIME INCURRED IN RELATION TO ANY BREACH.
FOR THE AVOIDANCE OF DOUBT, WE SHALL REMAIN LIABLE FOR ANY: DEATH OR PERSONAL INJURY CAUSED BY US, ANY LIABILITY PURSUANT TO SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982, ANY FRAUDULENT REPRESENTATION OR FRAUDULENT MISREPRESENTATION AND ANY OTHER CONDITION, WARRANTY, STATUTORY DUTY OR LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
THIS CLAUSE SHALL SURVIVE TERMINATION AND/OR EXPIRY OF THESE TERMS OF SERVICE, FOR WHATEVER REASON.
12. Data Protection
These Terms of Service may be varied at any time by Us on notice to You, by way of updating such on Our website and/or the Experience. You should at all times review these Terms of Service and if You, at any time, disagree with such, cease using the Experience or cease to take part in the Video Call or download the PDF. For the avoidance of doubt, if You do so, Your withdrawal will be deemed voluntary and We shall have no liability to You in respect of any claims or refunds.
14. Law and Jurisdiction
These Terms of Service are subject to the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.
Each of the paragraphs of these Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
No rights expressly reserved herein by You shall be claimable at any time and, in the claim of any of Your rights, shall in all instances be subject to section 11.
No failure by Us to enforce any rights pursuant to these Terms of Service shall constitute a waiver of Our rights herein.
17. Dispute Resolution
In the event of a dispute, please contact Our support team at firstname.lastname@example.org. We will use reasonable endeavours to resolve Your dispute. In any event, We may consider the dispute resolved where We consider (at our sole discretion) that We have complied with these Terms of Service.