Arccos 360 Free Trial Promotion Terms and Conditions
Briefly about the Promotion. This Promotion (as defined below) allows participants to trial an Arccos 360 Performance Tracking System (the "Arccos 360") sold by the Promoter (as defined below) for 33 days ("Trial Period") by redeeming a unique promo code to the Promoter (the “Promotion”). Eligible Participants (as defined in clause 6(a) below) can either:
choose to purchase the Arccos 360 at the end of the 33-day Trial Period by not returning it to the Promoter, in which case their credit card will be charged a further £75 for the; or
email the Promoter at email@example.com and return the Arccos 360 within 5 days of the expiry of the 33-day Trial Period.
Full details of the Promotion are set out below.
What you need to know before using Arccos 360. Before signing up for the Promotion please check the following:
you plan to use the system with a supported smartphone device as defined on the Arccos Website here.
Promoter. The promoter is Arccos Golf UK Ltd, 14 Dukes Avenue, London, W4 2AE United Kingdom. ("Promoter"). The terms 'Arccos', ‘us’ and ‘our’ refers to the Promoter.
Acceptance of Terms and Conditions. By participating in this Promotion you are deemed to have accepted these Terms and Conditions. Arccos reserves the right to change or update these Terms and Conditions of this Promotion by posting the amended Terms and Conditions on Arccos's website at https://www.arccosgolf.uk/arccostrialterms. Arccos will notify you of the change or update by email using the email address you submitted in your entry.
Promotion Period. The Promotion commences on 1st August 2018 and will continue while supplies last (“Promotion Period”). Eligible Participants can enter at any stage during the Promotion Period. No entries will be accepted outside of the Promotion Period.
Entry and Eligibility
To be eligible to participate in the Promotion, you must be 18 years old, a United Kingdom resident (residing in United Kingdom) and be able to supply your valid credit card details ("Eligible Participant").
Employees of the Promoter, the Promoter’s associated companies, the Promoter’s agencies associated with this Promotion, and their immediate families are ineligible to enter.
In order to enter the Promotion, Eligible Participants need to go to the trial website landing page (http://www.arccostrial.com) and register by providing their:
email address (Email);
United Kingdom residential address - this cannot be a PO Box number (Address);
United Kingdom telephone number; and
Unique promo code
valid credit card details
and click "Submit" to enter.
In order to submit a valid entry, all information outlined in clause 6(c) must be provided upon entering the Promotion. Eligible Participants must ensure that the information supplied is correct as it will be used by the Promoter to communicate with them.
Eligible Participants will receive a confirmation email that they have successfully entered into the Promotion, to the email address supplied by the Eligible Participant upon registration.
Each Eligible Participant can only make a maximum of 1 entry.
The Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any entrant who is not eligible to enter, does not comply with these Terms and Conditions, including not returning the Arccos 360 in good condition, or tampers with the entry process. For the avoidance of doubt, a Participant who fails to comply with clause 9.c) in respect of a Arccos 360 may be disqualified from making another entry to trial another Arccos 360.
£9.99 Shipping Fee
A non-refundable £9.99 fee (Shipping Fee) will be payable by the Eligible Participant to the Promoter each time the Eligible Participant selects to trial for the Trial Period. The Eligible Participant must pay the Shipping Fee upon submitting his or her entry on the Arccos website.
Trial Period and Delivery of the Arccos 360
Upon receiving payment of the Shipping Fee the Promoter will deliver the selected Arccos 360 to the Eligible Participant via courier. The Trial Period commences on the day the Trial Order is placed by the Eligible Participant and will end after 33 days.
Communication during the Trial Period and return of the Arccos 360
On delivery of the Arccos 360 Eligible Participants should retain all original packaging and contents, which will allow them to return the Arccos 360 to the Promoter should they decide not to purchase it at the end of the Trial Period.
Eligible Participants will receive regular email updates in relation to the Promotion including emails relating to the end of the Trial Period, which will be delivered to the email address supplied by the Eligible Participant upon registration.
If the Eligible Participant does not wish to purchase the Arccos 360, the Eligible Participant should contact the Promoter of their decision to return the Arccos 360 by emailing firstname.lastname@example.org.
Arccos 360s must be returned to the Promoter in Good Condition in the original box and outer packaging supplied by the Promoter and using the returns postage label. Returns should be sent through the Post office. “Good Condition” means that the Arccos 360 must be returned:
For the purpose of clauses 9(c) and (e), "good condition" means that the Arccos 360 must be returned:
in as new condition, subject only to fair wear and tear associated with its normal use during the Trial Period; and
in the original packaging which was provided with the Arccos 360
as a complete set of 14 sensors, as provided by the Promoter.
If the Promoter does not receive the Arccos 360 within 14 days of the end of the Eligible Participant's Trial Period, the Promoter will charge the credit card the Eligible Participant used to pay the Trial Fee with a further £75.00 as the start of the Arccos Annual Subscription.
If the Promoter (acting reasonably) considers that the Eligible Participant did not return the Arccos 360 in Good Condition, then the Promoter may charge the Eligible Participant a fee of up to the RRP Price of the Arccos 360 (“Fee”). The Fee will be charged against the credit card that was used for payment of the Shipping Fee.
Title and Risk
Risk in the Arccos 360 passes to the Eligible Participant upon his or her receipt of the Arccos 360 for the purpose of the Promotion.
Title in the Arccos 360 remains with the Promoter throughout the Trial Period. Title passes to the Eligible Participant upon receipt of payment of the RRP Price in full and cleared funds to the Promoter.
Consumer Rights Act 2015: Nothing in these Terms and Conditions is intended to exclude, restrict or modify any rights that a consumer may have under the Consumer Rights Act 2015. These Terms and Conditions are subject to those statutory provisions and will not affect any statutory right that an Eligible Participant may have in relation to the Arccos 360.
Terms and Conditions of Sale: All sales made of Arccos 360 and use made of the Arccos 360 during a Trial Period are subject to Arccos standard terms and conditions of sale (the "Standard Terms of Sale"), which can be viewed at https://www.arccosgolf.com/pages/terms-of-service
Data Protection Act 1998 and Privacy and Electronic Communications (EC Directive) Regulations 2003
Eligible Participants agree to the Promoter using their personal information to conduct the Promotion, including to communicate with them about the Promotion (including by email or telephone) and about other offers from the Promoter if the Eligible Participant ‘clicks’ the opt in box on the entry form.
All Eligible Participants' personal information will be held by the Promoter for the purposes of conducting the Promotion (which may include disclosure to third parties for the purposes of processing and conducting the Promotion). The Promoter will only retain an Eligible Participant's personal information to send updates on future promotions and other marketing communications if the Eligible Participant consents to it doing so.
All entrants have the right to access their personal information and request correction of any errors in it pursuant to the Privacy Act 1993. Eligible Participants may access, and request correction of, their personal information held by the Promoter by contacting email@example.com
Use of information in media: Eligible Participants agree to participate in all publicity organised by the Promoter, including but not limited to, photographs and audio and/or visual recordings. Eligible Participants irrevocably consent to the Promoter using their likeness, name, image and/or voice in any media worldwide for an unlimited period of time without remuneration, for the purpose of promoting the Promotion, and promoting any products/services manufactured, distributed and/or supplied by the Promoter and agrees that the Promoter will own copyright in any such images, photograph/s and recordings and in all material incorporating the images and/or photograph/s and recordings, including on all social media platforms.
Intellectual Property: All trade-marks, text, images, and logos relating to the Promoter, affiliates, agents, or third parties involved in this Promotion and used in relation to it, are the exclusive property of the Promoter or those affiliates, agents and third parties and participation in the Promotion does not confer any rights to an entrant in or over or grant any right to use these.
Subject to clause 17(b), neither the Promoter nor its affiliates, agents, directors or employees will be liable for any direct, indirect, special, consequential or other costs, expenses (including legal expenses), losses or damages whatsoever of any kind arising out of or in connection with:
access to or use of the Arccos website www.arccosgolf.uk or any information contained in it; or
the Promotion, including, without limitation, any loss arising out of an entrant not being eligible to enter or able to enter due to any technical malfunction or communication failure.
Nothing in these Terms and Conditions excludes or limits the Promoter’s liability for:
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation, or
any other liability than cannot be limited at law.
Subject to clause 17(b) and 17(d), Arccos's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise arising under these Terms and Conditions is limited to a sum equal to the amount paid or payable for the Arccos 360 in the Trial in respect of which the liability arises.
Arccos product liability in respect of the Arccos 360 shall be limited in accordance with the Standard Terms of Sale.
Subject to clause 17(b), the Promoter accepts no responsibility for any entries not received for any reason during the Promotion. All entries are deemed to be received at the time of receipt by the Promoter's database and not at the time of transmission by the Eligible Participant. Records of the Promoter are final and conclusive as to time of receipt.
Incomplete or indecipherable entries will be deemed invalid.
The Promoter’s decision on all matters involving the Promotion is final and no correspondence will be entered into.
If, for any reason beyond the Promoter's reasonable control, the Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Promoter, its affiliates or agents, which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, the Promoter reserves the right, at its discretion, to cancel, terminate, modify, extend or suspend the Promotion.
Any cancellation, termination, modification, extension or suspension of the Promotion will be notified on the Promoter's website at www.arccosgolf.uk
Partial Invalidity and Waiver
If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable, then the remaining terms and conditions shall continue in full force and effect.
The Promoter's failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that or any other provision by the Promoter.
English law. These Terms and Conditions and any non-contractual obligations arising out of or in connection with them, shall be governed by and construed in accordance with English law. Disputes arising out of or in connection with either the Promotion or these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.