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”.

1. Terms

You should read and be familiar with the contents of these Terms of Service, as this document and Our Privacy Policy, are the full and exclusive understanding between us in relation to the below Products and any associated communications, advertisements and relationship.

2. Products and Services

One of two products is available for your purchase, which are intended for private use only:

  • an online face-to-face video call with Our Santa performer for up to ten minutes (“Video Call”);
  • a pre-recorded message from Our Santa performer to You and/or Your Child (“Pre-Recorded Video”),

together called the “Product”.

3. Purchasing the Products

The Products is available for purchase on the following website: santahq.app. You make an offer to purchase from us by requesting the Video Call on Our website. We may only accept Your offer where We allocate You a Video Call time slot and allocate a Santa performer. 

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. 

4. Terms and Conditions for the Product

The following are conditions for the Product. If You do not accept the below terms and conditions and limitations, please do not procure the Product as You will not be entitled to a refund or other compensation based on customer dissatisfaction in relation to the below.

The Product is 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 or share (except for personal data) to the Video Call.

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, on demand and in full, indemnify Us for any costs or damages incurred in relation to any intellectual property disputes, claims, damages etc. in relation to You.

Video Call 

  • In preparation of the Video Call and/or Pre-Recorded Video and during and after the Video Call, the Santa performer will have access to the information provided as part of signing up to the Product, including all information volunteered and/or in answer to any questionnaire in preparation by the Santa performer of the Product. For further information as to how this information will be used, stored and retained, please refer to the Privacy Policy.
  • In order to access the Video Call, 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, which is compatible with and using the Zoom video conferencing platform.
  • In order to view the Pre-Recorded Video, You require access to a tablet/mobile device running iOS or Android software which is compatible with the Zoom video conferencing platform.
  • The onus remains at all times on You to remember 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 continues its natural course, 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 require that all Video Calls are attended and supervised by an adult parent or guardian of the Child. You will be required to confirm your account password upon entering the Video Call. Please refer to Our Privacy Policy in relation to this. The terms contained therein shall be considered as a term and condition of service in relation to the Video Call.
  • 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 because 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).

Pre-Recorded Video

  • In preparation of the Pre-Recorded Video, the Santa performer will have access to the information provided as part of signing up to the Product, including all information volunteered and/or in answer to any questionnaire in preparation by the Santa performer of the Product. For further information as to how this information will be used, stored and retained, please refer to the Privacy Policy.
  • In order to view the Pre-Recorded Video, You require access to a tablet/mobile device running iOS or Android software which is compatible with the Zoom video conferencing platform.
  • The Pre-Recorded Video shall only be able to utilise information that has been provided by You in relation to You and/or Your Child as part of signing up to the Product. If You are dissatisfied with the information and/or communication set out in the Product as a result of lack of personalised information about Your Child, but information has not been provided, We shall not be liable for any refund.
  • The Pre-Recorded Video shall provide generic information about Christmas alongside the information provided by You about You and/or Your Child. The duration of such will depend on the extent and detail of information provided by You but will only last the duration as reasonable in light of the information provided. The Pre-Recorded Video will in no event exceed two (2) minutes. The Pre-Recorded Product will be deemed satisfied no matter the length of its duration.

5. 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 support@santahq.app  to discuss this request. However, this shall be on the following conditions:

  • You shall provide Us no less than seventy-two (72) 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 entitlement. You may however re-book a new Video Call through our website, at Your additional 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 making up the shortfall between the original cost of your Video Call and the newly requested Video Call time;
  • 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.

6. 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 in the Video Call. We will use reasonable endeavours to ensure that the Santa 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 during the Video Call.

In any event, whether in the Video Call and/or Pre-Recorded Video, We disclaim that the Santa 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.

7. Complaints

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 support@santahq.app.

8. Termination

Except as detailed in the ‘Rescheduling Video Calls’ section above, any cancellation by You of the Video Call (or wish to cancel the Pre-Recorded Video) for any reason shall be at your own risk and no refund shall be offered.

9. 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 Product on these Terms of Service. We make no warranty with regard to fitness for any specific purpose.

10. Limitation of Liability

In no event shall We be liable to You, whether in contract, tort or any other reason whatsoever, for any loss incurred as a result of Our: acts, omissions or other breaches (including those of Our subcontractors), of these Terms of Service or Our Privacy Policy to a value exceeding the cost of the Products, excluding any sums paid or refunded to You pursuant to these Terms of Service.

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.

11. Data Protection

The Products are provided pursuant to the terms of Our Privacy Policy which are, in all instances, subject to section 11 (liability) above.

12. Variation

These Terms of Service may be varied at any time by Us on notice to You, by way of updating such on Our website. You should at all times review these Terms of Service and if You, at any time, disagree with such, cease to take part in the Video Call or cease to download (and/or request the deletion of the Pre-Recorded Video pursuant to the Privacy Policy). 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.

13. 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.

14. Severance

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.

15. Waiver

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.

Failure by You to enforce Your rights pursuant to these Terms of Service by 25 December 2021, shall constitute a waiver thereof, except for those pursuant to the Privacy Policy which shall continue until 31st December 2022.

16. Dispute Resolution

In the event of a dispute, please contact Our support team at support@santahq.app. 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.

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