1 Definitions and interpretation In these Conditions the following terms have the following meanings:
"Fizz" Fizz Benefits Limited whose registered office is at 4 Stirling Court, Stirling Way, Borehamwood, Hertfordshire, WD6 2BT and registered number is 08168144;
"Conditions" the terms and conditions of supply set out in this document;
"Contract" any agreement between Fizz and the Customer for the sale and purchase of the Goods and/or Services;
"Customer" the person who agrees to purchase the Goods and/or Services from Fizz subject to these Conditions;
"Delivery Address" the address for delivery of the Goods;
"Estimated Delivery Date" the date on which Fizz estimates that the Goods will be delivered to and/or the Services will be performed at the Delivery Address;
"Goods" the goods which Fizz is to supply to the Customer as agreed in the Contract;
"Services" the services which Fizz is to supply to the Customer as agreed in the Contract; and
"Warranty Period" the period of twelve (12) months, in each case from the date of delivery to/collection by the Customer.
2 Basis of sale
2.1 These Conditions apply to all contracts for the sale of Goods and Services entered into by Fizz. By placing an order with Fizz or accepting Fizz's quotation, the Customer agrees to deal with Fizz on these Conditions and to the exclusion of all other terms, conditions, warranties or representations.
2.3 Fizz's employees or agents are not authorised to make any representations concerning the Goods or the Services unless confirmed by a director of Fizz in writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed. The Customer irrevocably and unconditionally waives any right it may have to claim damages for and/or to rescind the Contract as a result of any misrepresentation whether or not contained in the Contract unless such misrepresentation was made fraudulently.
2.4 Any advice or recommendation given by Fizz or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods and/or the Services which is not confirmed by a director of Fizz in writing is followed or acted upon entirely at the Customer's own risk and accordingly Fizz shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Fizz shall be subject to correction without any liability on the part of Fizz.
3 Sale and purchase
3.1 The Customer agrees to purchase the Goods and Services from Fizz.
3.3 Each order or acceptance of a quotation for Goods and/or Services by the Customer from Fizz shall be deemed to be an offer by the Customer to buy Goods and/or Services subject to these Conditions and shall be binding on the Customer, but shall not bind Fizz until Fizz has accepted that order in writing (including by e-mail).
3.4 The Customer shall ensure that the terms of its order and any applicable specification are complete and accurate.
3.6 The Customer shall not be entitled to cancel in whole or in part any order which Fizz has accepted which the Customer has accepted in either case whether orally or in writing, except where such cancellation has been accepted by a director of Fizz in writing subject to payment by the Customer of reasonable cancellation charges.
4.1 The quantity and description of the Goods and/or Services shall be as set out in the purchase order, Fizz's proforma invoice, acknowledgement of order or otherwise agreed in writing by the parties.
4.2 All samples, drawings, descriptive matter, specifications and advertising issued by Fizz and any descriptions or illustrations contained in Fizz's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods and/or Services described in them. They shall not form part of the Contract and this is not a sale by sample.
5.1 Fizz shall use its reasonable efforts to commence the supply of the Goods and/or Services to the Customer at the Delivery Address (provided there is a safe suitable route of access) on or around the Estimated Delivery Date, but time of delivery shall not be of the essence. Fizz reserves the right to charge, and the Customer shall pay a delivery charge.
5.2 Fizz shall be entitled to supply the Goods and/or Services in instalments in which case each instalment shall be treated as an entirely separate contract and any default or breach by Fizz in respect of any such instalment shall not entitle the Customer to cancel any other instalment or treat the Contract as a whole as repudiated.
5.4 Subject to Condition 5.5, the Customer shall be deemed to accept the Goods on delivery or collection (as the case may be) notwithstanding any late delivery by Fizz.
5.5 The Customer shall ensure that the Goods are inspected on delivery or collection (as the case may be) and if the Goods are damaged on delivery or when made available for collection or less than the correct amount of the Goods is delivered or made available for collection then, unless the Customer notifies Fizz’s Trading Support Department (by e-mail or otherwise) and logs such claim and, where applicable, also notifies the carrier (otherwise than by a note on the delivery note) within five (5) business days following delivery or collection no claim against Fizz may be made in respect of damage to or short delivery of such Goods.
5.6 If Fizz receives notification from the Customer in accordance with Condition 5.5 then Fizz shall be entitled (at its sole option) to (and it shall be the Customer’s sole remedy):
5.6.1 replace or repair the Goods (or the part in question); or
5.6.2 substitute goods which Fizz considers in its reasonable opinion to be of equal or better quality; or
5.6.3 credit the Customer’s account in respect of the Goods in question, but in no circumstances will Fizz be liable for any other loss or damage of any kind whatsoever caused directly or indirectly by damage in transit and/or short delivery.
5.7 Subject to the other provisions of these Conditions, Fizz shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the supply of the Goods and/or Services (even if caused by Fizz's negligence), nor shall any delay entitle the Customer to terminate or rescind the Contract unless such delay exceeds seven (7) days or any such longer period as may have been indicated by Fizz at the time of the Customer’s order or any time thereafter.
5.8 If for any reason the Customer fails to accept delivery of any of the Goods when they are ready for delivery, the Customer fails to collect the Goods when they are ready for collection, or Fizz is unable to deliver the Goods on time because the Customer has not provided appropriate instructions, documents, licences or authorisations:
5.8.1 risk in the Goods shall pass to the Customer (including for loss or damage caused by Fizz's negligence);
5.8.2 the Goods shall be deemed to have been delivered; and
5.8.3 Fizz may store the Goods until actual delivery, whereupon the Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
7.1 Fizz warrants that the Goods will be free from major defects in material and workmanship for the duration of the relevant Warranty Period provided that Fizz shall be under no liability:
7.1.1 in respect of any defect arising from:
(a) fair wear and tear, wilful damage or negligence by the Customer or persons using the Goods;
(b) any Customer induced damage;
(c) improper installation or connection of the Goods (unless such installation or connection was carried out by Fizz);
(d) the Customer’s failure to follow Fizz's or the manufacturer’s requirements and/or instructions (whether oral or in writing); or
(e) misuse or alteration or repair of the Goods without Fizz's approval;
General Terms And Conditions Of Supply
7.1.2 if the total price of the Goods and/or Services has not been paid by the due date for payment;
7.1.3 if the Goods were not purchased directly from Fizz;
7.1.4 where, on inspection, Fizz cannot find any genuine material defects in material and workmanship with the Goods;
7.1.5 if the Goods are expressly sold on a “no warranty” basis;
7.1.6 in respect of any promotional items supplied from time to time with or in connection with the Goods;
7.1.7 to the extent the Customer does not comply with Condition 7.5; and/or
7.1.8 where any such defect in the Goods is not notified to Fizz in writing as soon as reasonably possible after the Customer discovers such defect and in any case within the Warranty Period.
7.2 Fizz warrants that the Services will be performed by appropriately qualified and experienced personnel with reasonable care and skill and the Services will be performed in accordance with all statutory requirement and regulations, provided that:
7.2.1 Fizz shall have no liability in respect of any defective workmanship arising from any specification supplied by the Customer; and 7.2.2 Fizz shall have no liability if the total price of the Goods and/or Services has not been paid by the due date for payment.
7.3 In the event of any valid claim under Conditions 7.1 and 7.2 being made by the Customer, the Customer shall return any non-confirming Goods in accordance with Condition 7.5 and, Fizz shall be entitled (at its sole option) to (and it shall be the Customer’s sole remedy):
7.3.1 replace or repair the Goods (or the part in question); or
7.3.2 or re-perform the Services free of charge; or
7.3.3 substitute goods which Fizz considers in its reasonable opinion to be of equal or better quality; or
7.3.4 credit the Customer’s account in respect of the Goods in question.
7.4 The Customer shall return any Goods which on delivery are completely incapable of operation because of a defect in the equipment to Fizz within the DOA Period and Fizz shall, within a reasonable time (and at its sole option and subject to the criteria set out in Condition 7.1):
7.4.1 repair or replace the Goods; or
7.4.2 substitute goods which Fizz considers in its reasonable opinion to be of equal or better quality; or
7.4.3 credit the Customer’s trading account in respect of the Goods in question.
7.5 Any Goods returned by the Customer to Fizz under these Conditions must be sent together with:
7.5.1 proof of purchase;
7.5.2 all their accessories (including, without limitation, components, manuals and instructions); and
7.5.3 the original packaging, at the Customer’s cost and risk and must arrive unmarked (which includes, without limitation, without any damage to packaging) and not PIN locked at Fizz’s premises accompanied by an equipment return form authorised in advance by Fizz.
7.6 Where any of the criteria set out in this Condition 7 are not satisfied (to the reasonable satisfaction of Fizz), Fizz reserves the right to return the Goods to the Customer at the Customer’s risk and sole cost (together with any reasonable administration charges) and reverse any credits to the Customer’s account to the extent already made.
7.7 Where any Goods become subject to major defects in material and workmanship outside of the Warranty Period, the Customer shall direct its customer to an authorised repair centre or directly to the manufacturer.
7.8 All warranties, conditions, guarantees, representations and other terms implied into a Contract by statute or common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
Codes are issued by ODEON. ODEON operates the Limitless membership scheme (Limitless) in the UK. See odeon.co.uk/limitless for information about Limitless, or ask for a leaflet in cinema.
The purchaser of a Code (Purchaser) is purchasing a paid upfront Limitless gift membership, which can be activated by redeeming the Code.
The redeemer of a Code (Redeemer) must be eligible to join Limitless. The Redeemer must: (a) be 13 or over; (b) resident in the UK; (c) provide a valid email address; and (d) provide a passport-style photograph for their membership card.
A Redeemer aged 13-15 must obtain consent from their parent or guardian before joining, and ask their parent or guardian to help them though the joining process. Normal film age restrictions apply. Children unaccompanied by an adult may not be admitted to a cinema after certain times depending upon local licensing conditions.
The Purchaser and the Redeemer can be the same person. Codes cannot be used in connection with an existing membership.
Codes purchased from ODEON are valid for 6 months from when the Purchaser purchased the Code. Codes purchased in other ways may have a different validity period and/or a fixed expiry date. Codes can only be used during their validity period. No refund will be payable to the Purchaser or the Redeemer in relation to an expired Code.
Codes can be redeemed for one gift Limitless membership of the type and duration for which the Code is valid. The gift membership will start when the Code is redeemed.
To redeem a Code, visit odeon.co.uk/limitless, enter the Code at the start of the joining process and follow the on-screen instructions. Use the same method to check the membership type/duration for which the Code is valid, and/or check Code validity.
Codes can be used once only, and redemption of a Code cannot be reversed.
Codes cannot be used in conjunction with any offer or discount. Codes cannot be redeemed against any other goods or services. Codes have no cash value, cannot be exchanged for cash, and cannot be topped up with another payment method. Codes are for personal non-commercial use only and cannot be resold for commercial gain.
Please keep Codes secure. ODEON is not responsible if a Code is lost, stolen, destroyed or used without permission. ODEON reserves the right to cancel a Code if it reasonably suspects fraud or misconduct.
ODEON can transfer its rights and obligations under these Terms to another organisation, but will ensure that the transfer does not affect your rights under these Terms.
ODEON can amend these Terms for these reasons: if we have to make a change to comply with a law or regulation that applies to us; if we are making these Terms better or fairer for you; if we are protecting you or ODEON from fraud or other harmful activity by third parties; if the way our systems or cinemas work is changing and this means that we have a good reason to change the Terms to reflect this; if our costs have changed and we need to make a reasonable change to reflect this; or if we need to update our details. Where we are amending these Terms, we will always post a notice of the amendments online at ODEON.co.uk.
ODEON can close the Limitless membership scheme on not less than 60 days' notice by posting a notice online at ODEON.co.uk. If we close Limitless in this way, Codes cannot be used even if they are still in their validity period. Any applicable refund will only be paid to the Purchaser in accordance with the terms upon which they purchased the Code.
ODEON’s full company details are: Odeon Cinemas Limited (Company No. 1854132) with its registered office at St Albans House, 57-59 Haymarket, London SW1Y 4QX.
© ODEON Cinemas Limited 2016. All rights reserved. Version 1.0 October 2016.
14 Data Protection
HOW DO WE SHARE THIS DATA/WHO WITH?
We do not pass users' personal data on to third parties, unless specifically requested to do so by the users or where it is a required to help obtain/track or validate cashback earnings.
On rare occasions personal data may also be disclosed if we are requested to do so by law, or receive a valid request for its disclosure – for example fraud prevention measures. These details passed on will not be used for marketing or any other purposes.
HOW SECURE IS YOUR DATA HELD BY US?
At Fizz Benefits, we treat the security of your data extremely seriously and have a number of measures in place to ensure that your data isn’t compromised or accessed unless absolutely necessary to offer our services.
All of our data is held on secure servers and password/payment details are encrypted. Only staff members of Fizz Benefits have access to this data and they may only see the last 4 digits of details such as your bank account number.
Cookies are small pieces of data or information that are stored by a users browser onto their hard-drive. The information cannot be seen by any other websites (so the information is secure) and is used by us to provide features to aid the use of our services.
In order to track your purchases, cookies are stored on your computer; they simply store tracking information so that when you visit a merchant via Fizz Benefits, any purchases made will result in the merchant reading this information. The merchant will then send us information about your purchase, at which point we can then credit your account. Therefore in order to use the Fizz Benefits service and earn cashback, it is a requirement to have cookies enabled in your browser software.
Cookies may also be used by Fizz Benefits to enable full use of our website, including logging in and user preferences. If a user can sign-in to our site, then they most likely have cookies enabled.
We recommend that all users enable cookies in their browsers in order to make full use of the site and in order to ensure that any purchases on third party sites are recorded. You may refuse to accept cookies by adjusting the settings of your browser software, however, if you do not have cookies enabled, third-party merchants will not record your purchases and you will not be able to earn cashback from our service.
Cookies are used by Fizz Benefits to perform the below functions:
1. To track your transactions. When you make a purchase on a merchant's site it is third party cookies used by our tracking agency that give us the information to track your cashback. Specifically it tells us which retailer's site you've clicked through to and when. If you've made a purchase this cookie will be used by the merchant to recognise Fizz Benefits as the referrer and hence report the relevant cashback to us.
2. To test if your tracking works.
3. For us to recognise your user account and to keep you logged in to your Account for a period of time.
4. To show you deals based on your behaviour during that session e.g ‘Recently Visited Merchants’
5. Allow us to comply with your choices about the display of information in your Account.
6. Remember the options you select.
We do not send Junk Email or Spam!
A few of our service emails are essential to allow the use of Fizz Benefits and so it is not possible to opt-out of receiving these.
DISCLOSURE OF PERSONAL DATA
As part of our compliance with the Data Protection Act 1998, we give members the opportunity to view any information held on them as an individual. This may include purchase information, account totals, contact details and other information.
Users may request this information by sending us a Support ticket. There may be a small administration fee for requesting this information, which will be no more than £5.
FIZZ BENEFITS LIMITED
whose Registered Office is at 4 Stirling Court, Stirling Way, Borehamwood, Hertfordshire, WD6 2BT, a Company registered in England and Wales, Company Registration Number 08168144
Registered under the Data Protection Act. Registration No. ZA024697