TERMS AND CONDITIONS
TERMS AND CONDITIONS By using the Site, you agree to be bound by these Terms and Conditions and any other guidelines or rules applicable to other services that may be posted from time to time. If you do not agree with any part of the following terms of conditions you must not use the Site. 0. Terms of Service Over 18's ONLY, verifiable proof of age may be required upon application to join, and at any time during your visit to any licensed premise, operating in conjunction with The Diamond Players Club. Strictly one membership card per customer, duplicate / falsified applications will not be accepted. The Diamond Players Club®ed, and proof of identity may be required upon application to join and at any time during your visit to any licensed premise, operating in conjunction with The Diamond Players Club. Diamond Players Club membership cards must be used by the named holder only; sharing membership cards in order to accrue more points is strictly prohibited. Any lost membership cards should be reported immediately. The Diamond Players Club will make every effort to ensure that prizes may only be redeemed / issued to / claimed by the named card holder, but cannot be held responsible for any points or prizes lost due to loss of a membership card. The Diamond Players Club reserves the right to refuse any membership application without providing a reason for doing so. The Diamond Players Club reserves the right to suspend or terminate any membership status without providing a reason for doing so. The Diamond Players Club reserves the right to refuse admission to any member to any licensed premise, operating in conjunction with The Diamond Players Club without providing a reason for doing so. The Diamond Players Club reserves the right not to issue, or to rescind points or prizes already issued to any member without providing a reason for doing so. Any person found to have interfered with, attempted to interfere with, influenced the outcome of or attempted to influence the outcome of Software or Hardware of any Gaming Machine, Membership Terminal or related equipment will have their membership account immediately terminated.1. Privacy Statement We will not share your personal information for marketing or any other purposes without your consent unless where required by law. This privacy statement relates to the Diamond Players Club® Web Site located at www.diamondplayersclub.co.uk The Diamond Players Club® is committed to protecting your privacy and this Privacy Policy sets out what information we collect, how we collect it and what we do with it. 2. Use of this site This site may be visited without disclosure of any personal details. Your information provided to The Diamond Players Club® about your visit and the nature of your visit may be produced to The Diamond Players Club® for the purpose of statistics about the performance and effectiveness of our site, but The Diamond Players Club® will not link this information to any personal data about specific individuals collected by any other means. 3. Your information Your information refers to the details about you (for example name, address, contact details, preferences, interests etc) that you supply to us or is supplied to us. Your information is collected when you request information from us, apply for a job with us, contact us with regards to any specific enquiry, register with us, enter a competition or buy anything from us on-line. The amount of information we collect is controlled by you, you are able to visit the site without disclosing any information about yourself, however certain areas of the site may not to be accessible if you chose not disclose certain pieces of information. When asked to complete a booking, purchase on-line, enter a competition or send us requests you may be asked for additional information about yourself to help us analyse the types of visitors to the site and their preferences. 4. Direct Marketing You may indicate that you do not wish to receive any further information relating to The Diamond Players Club® and its services and products. If you do wish to receive further information about The Diamond Players Club® the data you disclose to us will enable us to give you updates through e-media and other forms of marketing. If you are contacted via e-mail you will be given the option to opt out of future communication. 5. Confidentiality We have implemented security policies, rules and technical measures to ensure that any personal data held under our control is protected from unauthorised use, all employees and data processors are obliged to respect the confidentiality of our visitor's personal data. If you are not happy with or concerned about our privacy policy you can contact us and request a copy of your personal data held by us. 6. Buying On-line Prize Draw | Raffle / Entry Tickets 6.1. The issue of a ticket shall not guarantee, nor does The Diamond Players Club® warrant: • the availability and/or quantity of any particular gaming machine(s), show(s), device(s) or attraction(s) upon any visit to The Diamond Players Club®, • that access shall be given to any particular gaming machine(s), show(s), device(s) or attraction(s), • exemption from age or other restrictions that may apply from time to time, • the opening and closing time of The Diamond Players Club®, which may vary from time to time at the sole discretion of The Diamond Players Club®. 6.2. Draw Tickets are only valid for and must be used on the day of issue. 6.3. Vouchers for offers are only valid for and must be used within the The Diamond Players Club® trading season in which they are issued. 6.4. The opening and closing of any gaming machine(s), show(s), device(s) and attraction(s) may vary from time to time and are at the sole discretion of The Diamond Players Club®. 6.5. Points are valid only on services within The Diamond Players Club®. 6.6. Points & Membership Cards are non transferable, and any attempt to do so renders them invalid, as does abuse or fraudulent use. 6.7. No refunds will be given on points or prizes or shows in any circumstances, therefore once you have been awarded a point or prize this cannot be changed. 6.8. Queues do occur at certain times, and access time to gaming machines(s), device(s) and attraction(s) may vary. 6.9. Points & prizes, issued pursuant to a promotion, must be used by the first recipient and shall not be re – sold nor transferred. 6.10. Membership Cards & Loyalty points remain the property of The Diamond Players Club® at all times. 6.11. The Diamond Players Club® reserves the right to: • alter or amend these terms and conditions at any time, • refuse a sale to any person, • refuse entry to any person or remove any person from The Diamond Players Club®, • carry out reasonable searches of an individual or property prior to entry to The Diamond Players Club® or at any time during your visit, • carry out reasonable surveillance of an individual whilst in The Diamond Players Club® for security and safety purposes, • take photographs, video or audio recordings of your visit for use in promotional material, Merchandise General Your use and purchase of products from this site is governed by the terms and conditions set out below. We may at any time make changes to this site and the details displayed on it (including prices). • Prices and Payment The prices for goods displayed for sale on this site are set out on the site and are inclusive of VAT. Delivery will be charged in addition, and any such additional charges are clearly displayed where they apply. Prices and delivery charges displayed are valid and effective only in United Kingdom. Here are the postage & packaging rates: Weight P&P Up to 0.5kg £2.00 0.5kg - 1.0kg £4.00 1.0kg - 5.4kg £5.00 5.4kg - 10.8kg £10.00 over 10.8kg £15.00 • Standard Overseas charges must be entered. The Diamond Players Club® cannot accept your order until you have paid for it in full (including applicable delivery charges). Upon payment, we will confirm acceptance of your order by e-mail, which will be sent to the e-mail address you provide on your order details. Whether or not you receive the e-mail, our acceptance of your order will create a legally binding contract between us. We reserve the right not to supply you on our discretion. • Prices and Payment You may cancel your order for goods except CD, video and sample software up to 10 days after the goods are delivered to you by notifying us in writing by facsimile at the address or e-mailing us at the email address set out at the end of this section. We aim to process your order for dispatch to you within 28 working days of receiving it. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation. • Returns Policy On cancellation for whatever reason you must return to us the goods we have delivered for you. If the goods are faulty, incorrect or damaged on delivery we will meet the cost of return but in all other circumstances you will meet the cost of return. This policy is in addition to any statutory rights you may have as a consumer, which remain unaffected, and we do not exclude any liability for death or personal injury arising from our negligence or for fraudulent misrepresentation. To return goods: - Call 02392 821455 during park opening hours. - State the following information: Goods purchased Date of purchase Name and address with postal code for billing and delivery. Were the goods damaged when they were delivered. Reason for returning the goods. Order number. • A member from the relevant department will then contact you to discuss the matter further and organise collection or delivery. • Promotions Policy Any promotions placed on this website are not valid in conjunction with any other offer or promotion nor any UK Bank and Public Holidays nor Saturdays during Bank Holiday Weekends. Dates of when the promotions apply will be specified with each offer. Opening and closing times of The Diamond Players Club® vary and there is no guarantee given to the number of rides/shows available on the day of use. Any of the 2008 offers cannot be used after the 2nd November 2008. Products purchased via the website are not for re-sale. Please be aware that purchasing tokens and wristbands is quick, easy and convenient. The Diamond Players Club® will make every effort to ensure complete customer confidentiality with regards to any on-line payments. Credit card details will be secured via encrypted means as it travels over the Internet. Cookies are small files of information, which are stored on your computer. Web sites you visit ask your computer to store this information and retrieve it from your computer so that they can keep a track of things like other web sites you visit or how you navigate the site. We use cookies to hold information for users while they are logged in, to allow them to use the shopping basket in the online shop and to personalise their visit by referring to them by name and assisting them in filling in forms on the site. You can disable cookies by changing your browser options. 7. Obligations Our obligations The Diamond Players Club® will provide you with up to date information on the functionality of the Site and advice and assistance on any upgrades or changes to its functionality as it deems necessary; and use reasonable endeavours to comply with any statute, regulation or other ordinance as and when they come into force. Your obligations You agree that you will only use the Site in accordance with these Terms and Conditions and shall comply with all applicable laws and regulations. You represent, warrant and undertake that you will not do anything or cause or permit anything to be done that may infringe, damage or endanger any intellectual property rights of The Diamond Players Club® or any of our associated companies or any third party or do anything that is otherwise unlawful. 8. Warranty Exclusion of warranty We try to make sure the information contained on the Site is accurate as possible. However we give no warranty of any kind regarding the Site and/or any materials provided on the site. The Diamond Players Club® does not warrant the accuracy, completeness, currency, or reliability of any of the content or data found on this Site. The Diamond Players Club® expressly disclaims all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose and non-fringement, and those arising by statute or otherwise in law or from a course of dealing or usage in trade In particular The Diamond Players Club® endeavours to post up to date and accurate information about its products and services on this site. All information posted on this site is correct at time it is posted and is subject to change. Details of gaming machines and attractions are listed on this Web Site; however, The Diamond Players Club® cannot guarantee that all gaming machines and attractions will be operational upon customers visits to sites. Age restrictions and "stake & prize" levels are also subject to change and can be confirmed via the Customer Hotline or via verbal enquiry to on-site staff. The opening and closing times of The Diamond Players Club® are posted on this Web Site as ESTIMATED and are so as we may vary the times from time to time at the sole discretion of The Diamond Players Club®. 9. Liability The Diamond Players Club®The Diamond Players Club® assumes no responsibility and shall not be liable for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site. In no event shall The Diamond Players Club® be liable for any injury, or loss, claim, damage, or any exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including but not limited to lost profits or lost savings) whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with: • Any use of this Site or content found therein • Any failure or delay (including, but not limited to) the use of or inability to use any component of the Site • The performance or non-performance by The Diamond Players Club® • The provision of or failure to provide services • Any information, software, products, services related graphics obtained through the Site The Diamond Players Club® liability shall not be limited in the case of death or personal injury directly caused by The Diamond Players Club® negligent act or omission. Any dealings you have with third parties via the Site are your responsibility. Should a dispute arise between yourself and any third party due to use of the Site we will do our best to assist its resolution but will not be responsible for any loss or damage suffered as a result. We may provide links to other web sites, resources, advertisements or sponsorships either directly or through contractual partners. The Diamond Players Club® accepts no responsibility for these links and does not endorse their contents. If you decide to access other web sites, you do so at your own risk whatsoever. 10. Indemnity You shall indemnify and keep The Diamond Players Club® indemnified against all actions, claims, losses, costs (including all legal costs actually incurred or otherwise), damages and expenses that are suffered or incurred by The Diamond Players Club® whether or not reasonable or otherwise foreseeable or avoidable which arise directly or indirectly from any breach or alleged breach by you of any of those Terms and Conditions. 11. Intellectual Property All The Diamond Players Club® terms and conditions apply. The copyright in the material contained in this Website and any The Diamond Players Club® trademarks and brands included in that material belongs to The Diamond Players Club® Ltd or its licensors. Any person may copy any part of this material from this website, subject to the following terms and conditions: • The material may be used only for that person's own personal use for non-commercial purposes; • The copies must retain any copyright or other intellectual property notices contained in the original material; and • The products, technology or processes described in this Web Site may be subject of other intellectual property rights reserved by The Diamond Players Club® or by other third parties. No licence is granted in respect of those intellectual property rights. • Images, trade marks and brands displayed on this site are protected by copyright, trade mark and intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners. 12. General We shall not be liable to you where performance of any of our obligations to you is prevented, frustrated or impeded by reasons of acts of God, war and any other hostilities, civil commotion, accident, strikes, lock outs, trade disputes, acts of restraints of Government, imposition or restrictions of imports or exports or any other cause not within the reasonable control of The Diamond Players Club®. Wristbands, ride tokens and other entry passes are leisure services for the purposes of the Consumer Protection (Distance Selling) Registrants 2000 and therefore regulations 7 to 19(1) shall not apply to the contract between you and us in relation to those products. If any part of these terms and conditions is found to be unenforceable as a matter of law, all other parts of these terms and conditions shall not be affected and shall remain in force. We cannot guarantee that the appearance and/or colours of products shown on this site exactly reproduce the appearance and/or colours of the physical products themselves. All sizes quoted are approximate. To the extent permitted by law, The Diamond Players Club® accepts no liability for any loss, damage or injury arising as a consequence of the advice provided. These terms and conditions and any contract between us shall be governed by and construed in accordance with English Law and the English Courts shall have jurisdiction over any disputes between us. In these terms and conditions: "The Diamond Players Club®" means Thurston UK Limited and any other connected organisation that supplies the goods ordered by you and any successor to its business; "We and Us" means The Diamond Players Club® either alone or together with you, as the context requires; "Working day" means every day of the year except weekends, and English statutory and public holidays; "You" means the person ordering the goods subject to these terms and conditions; Our details Thurston UK Limited Registered in England under no: 01597562 To contact us by telephone, please ring 01493 844995 Lines are open during normal business hours. Fax number is 01493 844995 and email: enquiries @ thurstonuk.co.uk 13. Severability These terms and conditions shall be deemed severable. In the event that any provision is determined to be enforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. 14. Changes to these Terms We reserve the right to make changes to these Terms and Conditions at any time. Your use of the Site following such changes constitutes your acceptance of these changes. 15. Entire Agreement These Terms and Conditions, together with those incorporated herein constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter. 16. Governing Law These Terms and Conditions shall be governed and interpreted in accordance with the laws of England and Wales.
