TERMS & CONDITIONS

WHO WE ARE

Chooseyourownmemories.com (“site”) is operated by CHOOSE YOUR OWN MEMORIES LTD, a UK limited company registered in England under company number 10625983 (“we” or “us” in this agreement). Our registered office is at: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ. We are an online marketplace for experiences, which are offered by other companies (our “partners”). Our partners are responsible for the events, classes or courses you choose and remain legally responsible to you for this. We accept orders as an agent on behalf of the partners but the contract is between you and them. If you order through this site your order will take place under these terms. We change these terms from time to time and you must check them for changes because they are binding on you. 

These terms and conditions together with our Privacy Policy and Acceptable Use Policy constitute our entire agreement with you (“terms”). You will be asked to formally accept these terms which we ask you to do to continue to use our site.

 

Use of the Site

You have permission for temporary use of the site, but we can withdraw or change our service at any time without telling you and without being legally responsible to you. You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes). If you allow anyone else to use our site, you must make sure that they read these terms first, and that they follow them. Only use the site as allowed by law and these terms. If you don’t, we may suspend your usage, or stop it completely. 

We frequently update the site and make changes to it, but we don’t have to do this, and material on the site may be out-of-date. No material on the site is intended to contain advice, and you shouldn’t rely on it. We exclude all legal responsibility and costs for reliance placed on the site by anyone. By using the site, you agree to us handling this information and confirm that data you provide is accurate. 

You are allowed to make a legal link to our website’s homepage from your website if the content on your site meets the standards of our acceptable use policy. We can end this permission at any time. You mustn’t suggest any endorsement by us or association with us unless we agree in writing. Links from our site to other sites are only for information. We don’t accept responsibility for other sites or any loss you suffer from using them.

Privacy

It may be necessary for us to collect personal data from you to enable us to provide our Services to you and further details of our policies and procedures on data protection are set out in our privacy policy here. Your acceptance of these terms is acceptance of our privacy policy.

When processing personal data each party shall act in accordance with the Data Protection Legislation which shall mean the following legislation to the extent applicable from time to time: (1) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); (2) the General Data Protection Regulation (2016/679) (GDPR); and (3) any other similar national privacy law.

The following terms are given in definitions as ascribed in Data Protection Legislation: personal data, process, (processed, processing or other are construed accordingly), processor, controller, data subject, personal data breach. The parties acknowledge and agree that in relation to the services each party shall act as a data controller. Each party shall co-operate and reasonably assist the other with any and all requests, notifications or other communications it may receive from either a data subject or the Information Commissioners Office (ICO) having regard to personal data processed in respect of this Agreement. Each party shall indemnify the other against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the indemnified party arising out of or in connection with the breach of the Data Protection Legislation by the indemnifying party, its employees or agents, provided that the indemnified party gives to the indemnifier prompt notice of such claim, full information about the circumstances giving rise to it, reasonable assistance in dealing with the claim and sole authority to manage, defend and/or settle it.

In circumstances where we process data as processor, the following provisions will apply:

    1. the details of such processing as set out in our Privacy Policy is agreed by you;
    2. we shall only process personal data in accordance with your documented instructions (including any instructions as set out in this agreement) unless required to process such personal data for other purposes by applicable laws or regulatory authorities. In such circumstances, we shall provide notice to you unless the relevant law or regulatory authority prohibits the giving of notice on important grounds of public interest;
    3. we shall ensure any of our employees or contractors who process personal data on your behalf are subject to obligations of confidentiality (either by contract or by statute);
    4. we shall take all reasonable, proportionate and appropriate measures to comply with the security requirements of Data Protection Legislation;
    5. you consent to us engaging a sub-processor to process personal data on your behalf;
    6. where we engage a sub-processor we shall enter into a written contract on similar terms but less onerous than this agreement;
    7. we shall provide you as data controller with reasonable assistance using appropriate and proportionate technological and organisation measures to meet your obligations with regard to data subjects exercising their rights under Data Protection Legislation; or with regard to data protection impact assessments; and/or where required consultations with the Information Commissioners Office; and
    8. we shall notify you without undue delay on becoming aware of a personal data breach.

We rely on you to obtain any consents necessary under applicable data protection laws to permit you to provide, and us to process, those data for these purposes. You agree that we may transfer your collected data to storage outside the European Economic Area (EEA) and will do so by employing appropriate safeguards as required by GDPR. You acknowledge and agree that it may be processed outside the EEAWe use cookies to recognise you and your preferences, improve our site’s performance and collect analytical information for ourselves and our business partners. ‘Session cookies’ allow us to track your actions during a single browsing session, but they do not remain on your device afterwards. ‘Persistent cookies’ remain on your device between sessions. We use them to authenticate you and to remember your preferences. We can also use them to balance the load on our servers and improve your experience on our site. Session and persistent cookies can be either first or third party cookies. A first-party cookie is set by the website being visited; a third-party cookie is set by a different website. Both types of cookie may be used by us or our business partners. All our cookies fall within the classifications Strictly Necessary, Functionality and Performance. None are classified as Behavioural Targeting. If at any time you wish to disable our cookies, you may do so through the settings on your browser [but if you do so you will not be able to use certain important features of our service].

 

Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in the site (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.

You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them.

If you breach these terms, you lose your right to use our site, and must destroy or return any copies you have made.

Our Legal responsibility to you from your use of the site

We do not guarantee the accuracy of material on our site. As far as legally possible, we exclude legal responsibility for the following:

1. Any loss to you arising from use of our site

2. Loss of income, profit, business, data, contracts, goodwill or savings.

3. We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.

4. We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law. 

Sales

When you make a purchase through our site, the contract will be between you and the partner once an experience is redeemed. You will receive a confirmation email. You must ensure you have given us your correct email address (and other necessary contact information), as this is how we will communicate with you. Payment can be made via credit/debit card. Payment will be debited and cleared from your account upon purchase. Credit/debit card holders are subject to validation checks and authorisation by the card issuer.

Refunds, Cancellations and Exchanges

Consumers making purchases through our website may cancel and receive a refund for a period of up to 30 days from the date of purchase. You must give us written notice by email to refunds@chooseyourownmemories.com.

Refunds are made to the person who made the purchase and if 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.

General

We have no responsibility for any services provided or not provided by any other party listed on our site. 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. We will not be responsible to You for any loss of profit or any consequential loss arising from our contract with You, and our total liability to You under the contract will not exceed the value of your order.

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.

These Conditions do not limit our responsibility for things that the law says We cannot exclude. These include death, personal injury caused by our negligence, fraud, breach of the terms implied by section 2 of the legislation known as the Sale of Goods and Services Act 1982 (which entitles You to title and quiet possession of your goods) or any other matter that the law says We can’t exclude. But otherwise, any warranties or terms which are implied into this contract by any piece of law are excluded.

Payment 

1. Delay in exercising a right under the contract will not take away that right or any other right.

2. In the event of any dispute you and we agree that we shall use our best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.

3. If any such dispute cannot be settled amicably through ordinary negotiations between us, or either or both is or are unwilling to engage in this process, either may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.

4. If we are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure.

5. Within 14 days of the appointment of the mediator (either by mutual agreement of the Parties or by LawBite in accordance with their mediation procedure), we will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.

6. All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of either of us in any further proceedings.

7. If we agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both Parties, shall be final and binding on them.

8.Any dispute shall not affect your and our ongoing obligations under the Agreement. The contract is governed by English law and the courts of England and Wales will have the exclusive right to deal with any disputes arising from it.