This website is owned and operated by Unmissable Limited a subsidiary of Nick Deyong Limited. By accessing or using this website, www. Unmissable.com, you agree to the terms set out in these terms and conditions and the terms of any other documents which govern your use of the website, including the Privacy Policy and any Experience Disclaimer which you may be asked to sign prior to participating in an Experience. If you do not agree with these terms and conditions, please do not use the website. In agreeing to accept these terms and conditions, you confirm you have not relied on any representation except where such representation has been made a term of these terms and conditions. These terms and conditions apply to the sale of goods and services supplied by us in relation to Unmissable.com Experiences available through this website. These terms and conditions apply to the exclusion of all other terms and conditions, unless we specifically confirm otherwise in writing. Please read these terms and conditions carefully before placing an order with us. We recommend you should keep a copy of these terms and conditions for future reference. In these terms and conditions, “Unmissable.com” and “us” and “we” and “our” refer to Unmissable Limited whose registered office is Unit 12, Deane House Studios, Greenwood Pl, London NW5 1LB. Our company registration number is 03855362

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GENERAL

 

  1. We have no responsibility for any services provided or not provided by any other party listed on our website. We accept no liability for any act, omission or default, whether negligent or otherwise, of any third party service provider and have no liability for any loss or damage incurred by any negligent act or omission of any third party service provider or any other third party.
  2. Where liability cannot be excluded, such liability is limited to the value of your order. We make no warranty or representation regarding the standard of any third party services to be provided to you.
  3. All Gift Certificates are issued subject to the terms and conditions of each third party business and their terms. We do not have any power or control over third party service providers and their operations. We take all reasonable precautions to ensure that the suppliers we promote are safe and reliable. However, we make no guarantees or warranties about the services which are provided to you by third parties.
  4. Notwithstanding that we will take all reasonable precautions to ensure that third party service providers are licensed and compliant, where a third party service provider is not properly licensed or compliant with any applicable law, bylaw or regulation, we accept no liability for any loss or damage suffered by you or any third party as a result of such non compliance.
  5. Nothing in these terms and conditions will limit our liability for death or personal injury caused by negligence or wilful act or omission of unmissable.com or its employees. Some Experiences are participation events. In participating in any Experience, you may be asked by us to agree to further terms and conditions in relation to aspects of your health & safety and/or sign a disclaimer form in relation to a specific Experience before being allowed to take part. Failure to adhere to all instructions involving health & safety in relation to the Experience and/or failure to sign a disclaimer form will mean you will be unable to participate in the Experience and will not be entitled to a refund. A template disclaimer form similar to the one we may ask you to sign, prior to participating in any given Experience, is set out at the bottom of these terms and conditions.
  6.  Except as specifically set out in these terms, to the extent permissible by law, we disclaim and exclude all other warranties, whether express or implied, by statute or otherwise
  7. These terms and conditions do not affect your statutory rights as a consumer.
  8. This website contains various bulletin boards, competitions and other features that are each governed by additional rules. Please read those rules, posted or linked at each feature, before participating in them, as they form part of these terms and conditions to which you agree through your continued use of this website.
  9. This agreement shall be governed by the laws of England and Wales.
  10. We undertake to comply with the provisions of the Data Protection Act 1998. You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. For further details please refer to our Privacy Policy.
  11. We may modify the terms and conditions from time to time. Please read the terms and conditions and check back often. Any substantial changes will be highlighted prominently on the website homepage and/or via our email newsletter.If you do not agree to any change to the terms and conditions then you must immediately stop using the website. Your continued use of the website will constitute your acceptance of any change to the terms and conditions made. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

 

TERMS OF PURCHASE

 

We wish to draw your attention to our policies relating to the terms of purchase within the terms and conditions and our Privacy Policy. If you are under 18 years of age, you may only use this website with the agreement of, and under supervision of, a parent or guardian and you must let your parent or guardian know about our Privacy Policy before you use this website. This website is available only to individuals and others who meet our terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to us, whose applications are acceptable to us and who have authorized us to process a charge or charges on their credit/debit card in the amount of the total purchase price for the products and/or services purchased. In addition, we reserve the right to restrict multiple quantities of an item being dispatched to any one customer or postal address.

 

 

RESTRICTIONS

 

  1. All unmissable.com services or experiences are offered subject to availability.
  2. Please note that the selection detailed at the time of purchase may change from time to time. unmissable.com reserves the right to change its activities or its hotels or restaurants, during the validity of the Gift Certificate.
  3. Some suppliers are able to welcome disabled persons in their facility. We advise to ask about accommodating disabled persons at the time of booking.

 

REFUNDS, CANCELLATIONS AND EXCHANGES

 

  1. If you are a consumer and have purchased a Gift Certificate from us using the telephone or our website, you have the right to cancel the Gift Certificate with us at any time up to the end of thirty days starting the day you receive your Gift Certificate and ask for a refund.
  2. To exercise your right of refund, you must give written notice to us by email, giving details of your order and (where appropriate) its delivery. Notification by telephone or fax are not sufficient.
  3. Once you have notified us we will refund or re-credit the purchaser for the price of the Gift Certificate (excluding delivery charges and credit or debit card fees).
  4. You do not have the right to ask for a refund once you have booked your activity with a supplier.
  5. Refunds are always made to the person who purchased the Gift Certificate, and if originally purchased by credit or debit card, the refund will be credited to the same card. If the card has expired you will need to request a refund in writing, quoting details of the new card.
  6. If unmissable.com ceases to operate, suppliers will not be liable to fulfil any unbooked experiences for which they have not been paid for by unmissable.com. Purchasers will instead be able to seek a refund from the payment provider.
  7. In the event that the merchant or service supplier is unable or no longer able to provide the product or service specified, an alternative (equivalent or better) will be suggested to the customer. If no suitable alternative can be agreed upon, equivalent value credit will be issued to the original purchaser of the Gift Certificate.

 

MONETARY GIFT CARDS

 

Unmissable.com Printed and Virtual Gift Cards (with a monetary value, rather than for a specific experience) are sold subject to the following terms and conditions:

  1. Gift Cards are valid for 6 months from date of purchase.
  2. Gift Cards can be redeemed against all products on the the www.unmissable.com website.
  3. Gift Cards are non transferable and may not be returned or redeemed for cash.
  4. If your order total is less than the value of the Gift Card, the remaining balance will be issued to you as a separate Gift Card to be used on subsequent purchases. Email hello@unmissable.com after your purchase and we will assist you with the transaction.
  5. If your order exceeds the value of the Gift Card you will be able to pay the exceeding value by credit or debit card.
  6. If you return products you have purchased using a Gift Card, the remaining balance will be issued to you as a separate Gift Card which can be redeemed against subsequent orders. Email hello@unmissable.com after your return and we will assist you with the transaction.
  7. Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch
  8. unmissable.com is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
  9. unmissable.com is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
  10. unmissable.com reserves the right to cancel a Gift Card if we deem such action necessary, as may be the case with fraudulent purchases.
  11. Promotion codes cannot be applied to the purchase of Gift Cards with the exception of free shipping codes which can be applied to Printed Gift Cards orders.
  12. Sales tax and shipping is applicable on any products purchased with a unmissable.com Gift Card.
  13. Shipping is applicable on Printed Gift Cards.

 

PAYMENT

 

Payment can be made by Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, American Express, Maestro debit cards, and any other methods which may be clearly advertised on the Site from time to time. Payment will be taken by Nick Deyong Limited and it is this company detail which will feature on your bank statement. Payment will be debited and cleared from your account upon dispatch of your order by unmissable.com. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to unmissable.com, we will not be liable for any delay or non-delivery.

It is a crime to use a false name or a known invalid credit card to order an item from the website. Anyone caught deliberately entering an incorrect or fictitious order will be prosecuted to the fullest extent of the law. We reserve the right to track the electronic fingerprints of every order placed on our website to enable us to trace individuals engaging in criminal activities on or using our website.

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Braintree, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered unmissable.com user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, simple, and secure, unmissable.com uses Braintree technology.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

You warrant that all the details you provide to us for the purpose of ordering or purchasing goods or services are true, accurate, current and complete in all respects.

 

PROMOTION CODES

 

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

 

CONTENT

 

In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this website. unmissable.com tries to ensure that the information on this site is accurate and complete. unmissable.com does not promise that unmissable.com’s Content is accurate or error-free. unmissable.com does not promise that the functional aspects of the Site or unmissable.com’s Content will be error free or that this Site, unmissable.com Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

Last Revised: March 2016

 

NO COMMERCIAL USE

 

This website is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained within this website. You may not use this website, or any of its content, to further any commercial purposes, including any advertising or advertising revenue generation activity on your own website.

 

WEBSITE DISCLAIMER

 

Your use of this website and any site to which this website is linked to is “as is” and we make no representations or warranties, express or implied, about its site or the material contained or referred to on it, and will not be held liable in any way for your use of it. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including implied warranties of quality and fitness for a particular purpose. We do not warrant that this website or any site to which this website is linked to or the products and materials contained on such site are error-free, or that errors will be corrected, or that this site or the server from which it is run is free of viruses or other potentially harmful codes. Under no circumstances, including negligence, will we or any of affiliated companies or individuals be held liable for any direct, indirect, incidental, special or consequential damages and expenses whatsoever (including, without limitation, health problems, lost profits and damages arising from lost data, viruses that may infect your computer, deletion of files or business interruption, arising out of or in any way connected with the use of the this site or for any information, software products or services obtained through our website, whether such damages are based on contract, tort, strict liability or otherwise, even if advised of the possibility of such damages. We are also not responsible for failure to meet any of our obligations under the terms and conditions where such failure is due to events beyond our reasonable control.

 

YOUR RESPONSIBILITY IF YOU BREAK THESE TERMS AND CONDITIONS

 

You agree that if you break these terms and conditions, or any liabilities are incurred arising out of your use of our website, you will be responsible for the costs and expenses that we incur as a result of the breach, including reasonable legal fees. You will remain liable if someone else uses your personal information unless you can prove that such use was fraudulent.

 

OUR RIGHT TO END OUR AGREEMENT WITH YOU

 

We reserve the right to end our agreement with you and to suspend or terminate your access to our website immediately and without notice to you if:

  1. You fail to make payment to us when due.
  2. You breach any of these terms and conditions.
  3. When requested by us to do so, you fail to provide within a reasonable timeframe, sufficient information to allow us to check the accuracy and validity of any information supplied by you, or your identity;
  4. We suspect you have engaged, or are about to engage, or have been involved in fraudulent or illegal activity on our website.

 

NO WAIVER

 

If you breach these terms and conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the terms and conditions.

 

EXAMPLE DISCLAIMER 

 

Unmissable.com Experience Disclaimer

 

To: Unmissable.com a subsidiary of Nick Deyong Limited

 

I wish to participate in an Experience on the Unmissable.com website. I understand the potential inherent risk(s) involved and any procedures required for my participation in the Experience, including but not limited to, potential risk(s) of physical injury or harm, or property damage.

 

I agree to adhere to all instructions involving health & safety provided to me by Unmissable.com and their agencies throughout my participation in the Experience.

 

If I have any doubt as to my suitability to participate in the Experience, including any health related issue(s) which could affect my participation in the Experience, I agree to discuss this with my GP prior to taking part. In these circumstances, I will disclose to Unmissable.com all such health related issues and agree to participate only if my GP has advised me of my suitability to participate.

 

I confirm I am 18 years of age or older.

 

I agree to release and hold Unmissable.com and their agencies harmless against any and all liability, for loss, harm, damage, injury, and cost or expense whatsoever including without limitation, property damage, personal injury, and/or death which may occur while I am participating in the Experience or otherwise in connection with the Experience, unless caused by the negligence or wilful act or omission of Unmissable.com. I understand that Unmissable.com is providing no warranties, express or implied, as to the Experience including any physical reaction(s) that may occur or medical treatment(s) that may be needed.

 

I have read and understood the above and agree to participate in the Experience on this basis.

 

 

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