This page tells you the terms and conditions on which we supply to you the Equipment, Installation (if any) and the MyBigIQ quiz (MyBigIQ). By placing an order with us you accept these terms and conditions and that you agree to comply with them.
1. MyBigIQ equipment and system requirements
- A description of the equipment and broadband requirements (Equipment) necessary for you to deliver MyBigIQ to your customers is to set out and described in the MyBigIQ website www.mybigiq.com (the Site).
- The images of any Equipment on the Site are for illustrative purposes only. Although we make every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Equipment. Equipment may vary slightly from those images. We reserve the right to amend the specification of the Equipment if required by any applicable statutory or regulatory requirements.
- Some of the Equipment namely the core unit(s), receiver and push button handsets (Core Equipment) contains software that is proprietary to us and as such you may only purchase Core Equipment from us.
- You may arrange for installation of Core Equipment through us (Installation) but you are free if you wish to make arrangements to install Core Equipment yourself.
- We have arrangements with a number of trusted third parties for the supply and/or installation of Equipment that is not Core Equipment (Non-Core Equipment) and their products will be made available for order/purchase on the Site. We are happy to work with these trusted third parties to co-ordinate the delivery and installation of Non-Core Equipment but any purchase of Non-Core Equipment from these third parties is between you and the third party, we are not responsible for the delivery or quality of Non-Core Equipment.
- You are free if you wish to purchase Non-Core Equipment from your own sources. System requirements and guidance to compatible equipment and sets ups for Non-Core Equipment can be found on the Site, see www.mybigiq.com. These are for information and guidance only and we cannot take responsibility for any compatibility issues arising from any product or service not purchased directly from myBigIQ.
2. How the contract is formed between us
- You must place your order for Core-Equipment through the Site (Order), please state carefully what Core-Equipment and/or Installation you require. Any Order for Core Equipment you place through the Site is subject to formal acceptance by us.
- Before accepting your Order we may obtain information about you from credit reference agencies to check your credit status and identity. These agencies will record our enquiries which may be seen by other companies who make their own credit enquiries. We may use credit scoring. Your application will be assessed using credit reference agency records relating to anyone with whom you have a joint bank account or similar financial association. You agree to this.
- We will confirm our acceptance of your Order to you by sending you an e-mail (Confirmation) and a binding agreement (Contract) between us will only be formed when we send you that Confirmation at which point and on which date the Contract shall come into existence (Commencement Date).
- The Confirmation will include confirmation of the price paid for Core Equipment and Installation ordered and any delivery charges and will include estimated date by which all Equipment will have been delivered and installed (Go Live Date).
- This Contract is the entire agreement between us and these terms and conditions apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- Any order for Non-Core Equipment placed via the Site is subject to formal acceptance by our trusted third party and to their terms and conditions of purchase.
- Prices for Equipment and/or Installation may vary from time to time, therefore, any facility on the Site to provide an estimate of costs for Equipment and/or Installation is by way of information only and shall not constitute an offer. Prices applicable will be those valid at the time your Order, or any order with a trusted third party, is confirmed.
- We will deliver Core Equipment by courier to the location set out in the Order within a reasonable period of sending you the Confirmation.
- We will perform the Installation (if any) within a reasonable period of sending you the Confirmation and on a date to be agreed by you and us (Installation Date).
- Time of delivery is not of the essence and we will not be liable for any delay in delivery of the Core Equipment or Installation (if any) that is caused by (a) an Event Beyond Our Control, (b) your failure to provide us with adequate delivery instructions or any other instructions that are relevant (c) your failure to take delivery of Core-Equipment from any courier/delivery company appointed by us and (d) your failure to provide access to the Delivery Location. In the event of a failed delivery you are responsible for making arrangements with the courier/delivery company for redelivery in good time to meet the Installation Date.
- Delivery of Non-Core Equipment ordered via the site is entirely the responsibility of our trusted third party and we will not be liable for any delay in delivery of Non-Core Equipment. You should inform us as soon as possible if the Non-Core Equipment will not be available by the Installation Date in which case we will take all reasonable steps to agree a new date.
- You must ensure access to the premises where the Core Equipment is to be installed (Premises) is available on the Installation Date and that the Premises is properly prepared with suitable working conditions to enable the Installation to be carried out safely and expeditiously. You are responsible for ensuring there is access to suitable power outlets for the Equipment (requirements can be found on the Site) and for any subsequently required portable appliance testing. We will not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from your failure to comply with this clause.
- We will ensure that any Installation undertaken by us will be provided using reasonable skill and care. Where you opt to undertake installation works yourself you do so at your own risk.
4. Quality of Equipment
- We guarantee that on the Go Live Date and for a period of 12 months from that date, the Core Equipment will be free from material defects. However, this guarantee does not to any defect arising from (a) fair wear and tear; damage from immersion in any liquid; wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party, (b) any failure by you to operate or use the Equipment in accordance with the user instructions, or (c) any alteration or repair by you or by a third party who is not one of our authorised repairers.
- We will, at our option, repair or replace the defective Core Equipment, or refund the price of the defective Core Equipment in full, provided you (a) notify us within a reasonable time of discovery that some or all of the Core Equipment does not comply with the guarantee set out in the previous clause (b) give us a reasonable opportunity of examining the Core Equipment and (c) (if asked to do so by us) return the Core Equipment to us at your cost.
- The guarantee set out in this section shall apply to any repaired or replacement Core Equipment supplied by us.
- The guarantee set out in this section replaces the provisions in the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 relating to description and quality of goods.
5. The Site/MyBigIQ
- We will use reasonable skill and care to make the Site and MyBigIQ available to you but it is technically impossible to make them free of faults, therefore, we do not guarantee that they will always be available or be uninterrupted and we do not guarantee that they will be secure or free from bugs or viruses. We are not responsible for the functioning/operation of any social media networks or sites, such as Facebook, Twitter, YouTube etc through which you or any users may interact with MyBigIQ.
- We will not be liable to you if for any reason the Site or MyBigIQ is unavailable at any time or for any period.
- We may update the Site from time to time, and may change the content at any time although we are under no obligation to update it.
- We update and add to the questions that are part of MyBigIQ regularly.
- We make every effort to ensure errors or mistakes do not occur in the Site or MyBigIQ but we cannot guarantee this.
- MyBigIQ is available only in the UK and Channel Islands.
6. Charges and payment
- Prices for Equipment, Installation, any delivery charges and on-going charges for continued access to MyBigIQ (On-going Charges) exclusive of value added tax (VAT) are as stated on the Site. These may be varied at any time but changes will not affect any Order in respect of which we have already sent Confirmation.
- You must pay for Core Equipment, Installation and any delivery charges (including any VAT chargeable) when an Order is placed, usually by credit or debit card. In the event that we do not accept your Order we will refund any money received from you using the same method originally used by you to pay for your purchase.
- On-going Charges, including any VAT chargeable from time to time, are payable by you monthly in advance and must be paid by direct debit. We may refuse you Order if your bank refuses to set up a direct debit.
- VAT invoices will be made available to you electronically.
- We may suspend access to MyBigIQ if you fail to pay any On-going Charges by the due date for payment (Due Date) and without limiting any other right or remedy we might have, we may also charge interest on the overdue amount at the rate of 4% per cent per annum above the then current Barclays Bank base rate accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
- You must pay all amounts due under the Contract in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part.
7. Term and Termination
- This Contract will continue for an initial term expiring no earlier than the end of 3 calendar months from the Go Live Date (Expiry Date) and will continue after that unless or until terminated by either one of us gives to the other not less than 1 months' notice in writing, expiring on or after the Expiry Date. Notwithstanding that you terminate this Contract you may still be bound by any contract you have entered into in respect of any broadband connection to the Delivery Location, this is a matter between you and the broadband provider.
- We may terminate the Contract earlier than the Expiry Date with immediate effect by giving written notice to you if you fail to pay any On-going Charges due under the Contract or you commit material breach of any term of this Contract. This does not limit any other rights or remedies we may have under the Contract of the applicable law.
- Either we or you may terminate the Contract earlier than the Expiry Date with immediate effect by giving written notice to the other if (a) the other stops, or threatens to stop, to carry on all or substantially the whole of its business or (b) any liquidator, trustee in bankruptcy, receiver, administrative receiver, administrator or similar officer is appointed in respect of the other. This does not limit any other rights or remedies you or we may have under the Contract of the applicable law.
8. Landlords access to customer data/Data Protection
- In order for you to participate in MyBigIQ we will provide you with (a) access to the MyBiqIQ league tables and user names and/or team names for users/teams who have nominated your Premises as their favoured location and (b) where you have offered a promotion/prize as part of MyBigIQ we will disclose to you such personal data about the users of MyBigIQ as is necessary to fulfil the promotion or prize. We may also from time to time provide you with aggregated information about MyBigIQ users, such as the number of teams that regularly participate in MyBigIQ in your area.
- You agree to comply with the requirements of the Data Protection Act 1998 in relation to any personal data supplied to you.
9. Advertising revenue
- The MyBigIQ business model is that we share with you a proportion of any revenue received by us from third party advertisers whose advertising is featured on the Equipment installed at your Premises. The proportion of any such revenue applicable to you is dependent on a number of criteria, including things such as your business turnover, location, the number of people participating in the Quiz/ viewing the screens at your Premises etc. The proportion is, therefore, set at our reasonable discretion and may vary from time to time. We will communicate the applicable proportion to you.
- We will pay your advertising revenue share proportion for any relevant third party advertising monthly in arrears in the month following receipt by us of the money from the relevant third party advertisers.
- The revenue share proportion due to you in any month will be set off as a credit against that month’s On-going Charges and any surplus will be paid by bank transfer to bank account on which your direct debit is set up.
10. Intellectual property rights
- All copyrights, trade marks, patents and all other intellectual property rights in or arising out of or in connection with the Equipment and/or Installation or in the material published on the Site or as part of MyBigIQ are owned by or are licensed to us.
- MyBigIQ is a UK Registered trade mark (registered number UK00002657540) of Coadunatio Limited. Coadunatio and Quickey are unregistered trade marks of Coadunatio Ltd.
11. Limitation of liability
- We will not be liable to any you in any circumstances for any indirect or consequential loss or damage whatever (including without limitation loss of income or revenue, business, opportunity, data, profits, and anticipated savings). Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total of any sums paid by you to us under the Contract.
- This does not exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees nor any other liability which cannot be excluded or limited under applicable law.
- For the avoidance of doubt: you are responsible for ensuring the safety and security of your Premises and your customers at any time they are participating in MyBigIQ on your Premises; you are responsible for fulfilling any prizes or promotions you offer as part of MyBigIQ; and you must at all times ensure you have appropriate licences from Performing Rights Society Ltd and Phonographic Performance Ltd as these are legally required to play the musical works included as part of the MyBigIQ questions.
- This limitation of liability clause shall survive termination of the Contract.
- You agree to keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature that may be disclosed to you, your employees, agents or subcontractors. Confidential information does not include any information that is in the public domain, becomes publicly known through no fault by you or is properly received from a third party without an obligation of confidentiality.
13. Other important terms
- We will not be liable to you an event beyond our reasonable control (Event Beyond Our Control) including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. If an Event Beyond Our Control prevents us from providing any of the Installation and/or Equipment for more than 8 weeks you may terminate this Contract immediately by giving us written notice.
- We may transfer our rights and obligations under this Contract to another organisation, and we will always notify you if this happens, but this will not affect your rights or our obligations.
- You may only transfer your rights or your obligations under this Contract to another person if we agree in writing.
- This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
- Each of the clauses of this Contract operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under this Contract or if we do not enforce or delay in enforcing our rights against you that will not mean that we have waived our rights and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Any notice required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other party's main fax number. Any such notice shall be deemed to have been duly received if delivered personally, when left at such addressor, if sent by prepaid first-class post or recorded delivery, at 9.00 am on the second normal business day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed. This clause shall not apply to the service of any proceedings or other documents in any legal action. For the avoidance of doubt notice given under this Contract shall not be validly served if sent by e-mail or fax.
- We may revise these terms at any time by amending this page but changes will not affect Orders in respect of which we have already sent Confirmation.
- www.mybigiq.com is a site operated by Coadunatio Limited. We are a limited company registered in England and Wales under company number 08427956 and have our registered office at First Floor, 2 Woodberry Grove, North Finchley, London England, N12 0DR. Our VAT number is 160281436
- This Contract its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
14. Contact us
- To contact us, please email firstname.lastname@example.org