Website terms and conditions (UK)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What's in these terms?

These terms tell you the rules for using our website bigtreecity.com (our site).

Who we are and how to contact us

bigtreecity.com is a site operated by Big Tree City Ltd. Ltd ("We"). We are registered in England and Wales under company number 12895338 and have our registered office at Chesterfield House, 385 Euston Rd, London, NW1  3AU.

Our principal place of business is at Chesterfield House, 385 Euston Road, London NW1 3AU. Our VAT number is GB 384743464

To contact us, please email [email protected].

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy. See further under “How we may use your personal information”.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy, which sets out information about the cookies on our site.

If you purchase goods from our site, our Terms and conditions of supply will apply to the sales.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. 

We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Our site is directed towards users in the UK

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including, without limitation to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us on [email protected]

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.
  • In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

  • Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of our site] a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display and perform the content you upload in connection with the service provided by the website and across different media.  For the avoidance of doubt, such license includes the right to use the content to promote our site and/or services:

In addition, we may sub-license licence content that you upload to third parties (for example, other users, partners or advertisers) to use the content for their purposes or in accordance with the functionality of our site.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our site other than that set out above, please contact [email protected]

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that 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.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Our trade marks are registered

"Big Tree City” is a [UK] registered trade mark of Big Tree City Ltd. Limited.  The copyright in all characters and illustrations is owned  copyright You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our site.

Big Tree City Ltd. PRIZE DRAW TERMS & CONDITIONS (“RULES”)

1. PRIZE DRAWS

Entrants will be given the chance to enter (“Entry” or “Entries”) prize draws (“Draw(s)”), promoted, organised/or facilitated by Big Tree City (and under its various brands and trading names) from time-to-time. These Rules set out how entrants can submit a valid Entry for a chance to be offered prizes offered to the winners of the Draws. Please read these Rules carefully, as they govern your participation in the Draws. By entering the Draws you are accepting and agreeing to these Rules.

 

2. THE PROMOTER

The promoter and organiser of the Draws is Big Tree City LIMITED, a company registered in England & Wales, with registered office at Chesterfield House, 385 Euston Rd, London, NW1  3AU. (company number 12207916) (“Big Tree City Ltd.” “we” “us” “our”).

 

3. HOW TO ENTER AND ENTRY RULES

3.1 To enter the Draws, you must do the following through the relevant pages provided about the Competition and in accordance with the instructions and entry requirements set out in these Rules and in our social media posts about the Draws (the “Posts”).

3.2 Subject to these Rules, Entries can be made by:

a) Following the instructions in our Posts about the Competition;

b) Following us on our social media channels (Official Big Tree City Facebook, Instagram and Twitter);

c) Sharing (according to each social media platform) the Posts relating to each specific Draw;

d) Answer the questions in our questionnaire.

3.3 No purchase is necessary to enter the Draws and there is no charge from us.

3.4 In order to participate, you will require a compatible device to enter through (e.g. your mobile phone), an internet connection and an account with the relevant social media platform we may collect Entries in connection with (e.g. a Twitter, Facebook or Instagram account).

3.5 By submitting an Entry, you are agreeing to be bound by these Rules.

 

4. ELIGIBILITY

4.1 The Competitions are open to all residents in the UK aged 18 years or over, except:

a) employees of Big Tree City Ltd. or its holding or subsidiary companies;

b) employees of agents or suppliers of Big Tree City Ltd. or its holding or subsidiary companies, who are professionally connected with the competition or its administration; or

c) members of the immediate families or households of (a) and (b) above.

4.2 Entries are strictly limited to one per person.

4.3 Employees of Big Tree City Ltd. (or any other companies or organisations connected to Big Tree City Ltd. or any of the related companies or other entities etc.), affiliates, subsidiaries and immediate family or household members are not eligible to participate in the Draws.

4.4 There is a limit of one Entry per person. Entries on behalf of another person over the age of 18 will not be accepted and joint submissions are not allowed.

4.5 Big Tree City Ltd. reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the Draws in Big Tree City Ltd.’ reasonable discretion.

 

5. ENTRY RULES

5.1 The closing date of each of the Draws is 23.59 on the date stated in each of the relevant Posts (“Deadlines”). Entries received after the Deadlines will not be considered by Big Tree City Ltd..

5.2 Big Tree City Ltd. accepts no responsibility for Entries not successfully completed due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind.

5.3 Successful Entries will be decided by Big Tree City Ltd. on or before the date stated for each Draw. See condition 6 of these Rules.

5.4 The decision of Big Tree City Ltd. regarding any aspect of the Draws is final and binding and no correspondence will be entered into about it.

 

6. WINNERS SELECTION AND ANNOUNCING WINNERS

6.1 After the Deadline, winners of the Draws will be selected (“Winner(s)”) from amongst valid Entries, selected at random by (or under the supervision of) an independent person.

 

6.2 The Winners will each be notified by direct message to the user account or email address through which they made their Entry (“Announcement Date”).

6.3 The decision and results concerning Winners are final and no correspondence or discussion will be entered into after selection is made in accordance with these Rules.

6.4 Big Tree City Ltd. will make available information that indicates that a valid prize award took place on request (after the Draw’s end). To comply with this obligation Big Tree City Ltd.will send the surname and county (where available) of major prize winners and, if applicable, copies of their winning Entries, to anyone who: writes to Big Tree City Ltd.’ address set out above (enclosing a self-addressed envelope) within one month of the Deadlines and requests this information.

6.5 If you object to any or all of your surname, county (where available) and winning Entry being published or made available, please contact Big Tree City Ltd. at the above address. In such circumstances, Big Tree City Ltd. may still be required to provide the information and winning Entry to the Advertising Standards Authority on request.

 

7. PRIZE DETAILS AND CLAIMING A PRIZE

7.1 The Winners will receive the prizing as detailed in our Posts.

7.2 If you are a Winner, you will have 7 days from the date you are notified of having won (in accordance with the Winner notification process in these Rules) (the “Prize Acceptance Period”) within which to claim the prize by confirming acceptance of the prize in response to Big Tree City Ltd.’ message to you. Winners who do not claim prizing within this period invalidate their right and claim to such prizing.

7.3 Big Tree City Ltd. will make all reasonable efforts to contact Winners. If a Winner cannot be contacted or is not available, or has not claimed their prize within the Prize Acceptance Period, Big Tree City Ltd. reserves the right to offer the prize to the next eligible entrant selected from the valid Entries that were received by virtue of repeating the same Winner selection method as set out in Rule 6.

7.4 Big Tree City Ltd. does not accept any responsibility if a Winner is not able to take up the prize in accordance with these Rules.

7.5 Prizes are subject to availability and are not transferable or negotiable. There is no cash alternative for prizes.

7.6 Big Tree City Ltd. reserves the right to substitute the prize for another of equal or greater value (e.g. in the event the original prize becomes unavailable).

 

8. SOCIAL MEDIA PLATFORMS

8.1 We may operate Draws through third party social media platforms such as, without limitation, Facebook, Instagram and/or Twitter. Unless expressly stated to the contrary, our activities are in no way endorsed by or associated with such third parties. Where the Draw entry mechanic requires entry via such social media platforms, you will be required to have a user account with the relevant social media platform and to comply with the relevant platform’s terms of use and other relevant policies in order to be eligible to participate.

 

9. INTELLECTUAL PROPERTY

9.1 Big Tree City Ltd. does not claim any rights of ownership in the entrants’ original competition Entry content.

9.2 You agree that Big Tree City Ltd. may, but is not required to, make Entries available on its websites, and any other media and social media, in connection with any reasonable publicity of the Draws. Entrants agree to grant Big Tree City Ltd. a royalty-free, non-exclusive, worldwide, irrevocable licence, for the full period of the entrants’ intellectual property rights in the Entry (if any are applicable) and any accompanying materials they provide, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-license the Entry and any accompanying materials for such purposes.

9.3 To the extent your Entry involves you submitting user-generated content, third party content or any materials or assets containing your or third party intellectual property rights to Big Tree City Ltd. you warrant and undertake to Big Tree City Ltd. that:

a) all materials and assets you submit in your Entry are your original works, are not defamatory and do not infringe third party rights (including without limitation intellectual property rights or privacy rights);

b) there are no conflicting agreements in place concerning use of any assets and materials you submit in your Entry;

c) you have obtained all necessary or reasonably prudent consents and permissions for or in connection with any and all assets and materials in your Entry (including without limitation from any individuals featured in your Entry, and their parents – if such individuals are under the age of 18); and

d) you will produce evidence or documentation to Big Tree City Ltd.’ reasonable satisfaction to show your compliance with this Rule 9.

 

10. DATA PRIVACY AND ANNOUNCEMENTS

10.1 In order to operate the Draws and for prize delivery, Big Tree City Ltd. may require entrants to provide certain personal data including their name, address, social media username, contact details and/or email address (where applicable). Big Tree City Ltd. may require further personal data in some circumstances to verify a Winner’s identity or eligibility. The Entrants’ personal data may be shared by Big Tree City Ltd. with its partners, vendors or agents of Big Tree City Ltd. for the administration of the Draws or delivery of prizing.

10.2 Entrants’ personal data will be processed by Big Tree City Ltd.only so long as reasonably necessary for the administration of the Draws and Big Tree City Ltd.’ record keeping and will be deleted by Big Tree City Ltd. thereafter.

10.3 Entrants’ personal data will be used by Big Tree City Ltd. to operate the Draws and arrange prize fulfilment, and is processed by Big Tree City Ltd. on legal bases including performance of a contract (being these Rules) and Big Tree City Ltd.’ legitimate interests, being its business, promotional and commercial interests related to ensuring good administration of the Draws and marketing of Big Tree City Ltd.’ business.

10.4 Big Tree City Ltd. will only process your personal information as set out in the following privacy policy. See also conditions 6.4 and 6.5, with regard to the announcement of successful entrants.

 

11. GENERAL

11.1 If there is any reason to believe that there has been a breach of these Rules, Big Tree City Ltd. may, at its sole discretion, reserve the right to exclude you from participating in the Draws.

11.2 Big Tree City Ltd. reserves the right to hold void, suspend, cancel, or amend the prizing or Draws where it becomes necessary to do so.

11.3 These Rules shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.