Terms and Conditions
Cancellation policy – see section 4 in our Terms and Conditions below.
1. About us
1.1. Company details. Green Hat People UK Limited (company number 12861714) (we and us), is a company registered in England and Wales and our registered office is at Suit 1-3 The Hop Exchange, 24 Southwark Street, London, United Kingdom, SE1 1TY. Our VAT number is GB358594644
1.2. Contacting us. Please see our website for details as to how to contact us (greenhatpeople.com/contact). How to give us formal notice of any matter under the Contract is set out in clause 13.2.
2. Our contract with you
2.1. Our contract. These terms and conditions (Terms) apply to any order placed by you for our online virtual development games (Products) and our supply of Products to you, whether such Products are goods, services or digital content (Contract). No other terms are implied into the Contract by trade, custom, practice or course of dealing.
2.2. Entire agreement. The Contract incorporating these Terms is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3. Your copy. You should print a copy of these Terms or save them to your computer for future reference.
3. Placing an order and its acceptance
3.1. Placing your order.
(a) Information on our Products is supplied on our website along with a copy of these Terms (greenhatpeople.com/uk/teambuilding/). If you are interested in the Products, you will have contacted us via email, telephone, our website chat line or the enquiry form on our website.
(b) We will respond with an email to you with prices, detailed information on the Products and confirmation of what additional information we require from you (Order Form).
(c) To place an order, you must complete the Order Form including all additional information we have requested and return it to us by email (Confirmation Email). The Confirmation Email is an offer by you to buy the Products subject to these Terms.
3.2. Correcting input errors. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
3.3. Acknowledging receipt of your order. After you place an order, you may receive an email from us acknowledging that we have received it. Please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
3.4. Accepting your order. We will confirm our acceptance of your order for Products by sending you an email with a hyperlink to our digital invoice for the Products that you have ordered (Acceptance Email). The Contract between you and us for the supply of the Products is formed on transmission of the Acceptance Email and becomes legally binding on both you and us.
3.5. If we cannot accept your order. If we are unable to supply you with the Products for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount.
3.6. Amending your order. If you wish to add additional players to the Product, please notify us by email prior to playing the Product. We will confirm acceptance of the additional players by email and send a hyperlink to our digital invoice for the additional players (Additional Invoice). The Additional Invoice must be paid in full within 14 days of transmission of the Additional Invoice.
4.1. You may cancel your order in accordance with this clause 4. You will receive a refund of your fees paid to us (if any):
(a) If you cancel your order 14 days or more before the Delivery Date you will receive a full refund;
(b) If you cancel your order less than 14 days but more than 7 days before the Delivery Date you will receive a refund equivalent of 50% of the total amount of your fees
(c) If you cancel your order 7 days or less before the Delivery Date we regret that you will be unable to receive a refund and the full amount of your fee remains payable.
4.2. All cancellations must be sent by email to firstname.lastname@example.org and must be received by us. For the avoidance of doubt, telephone cancellations are not accepted.
4.3. You acknowledge that the refund of your fees in accordance with this clause 4 is your sole remedy in respect of any cancellation of your registration by you and all other liability is expressly excluded.
5. Our Products
5.1. The images of the Products on our site are for illustrative purposes only.
5.2. We reserve the right to amend the specification of the Products if required by any applicable statutory or regulatory requirement.
5.3. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
6. Delivery, transfer of risk and title
6.1. We will contact you with an estimated delivery date following payment of our invoice (Delivery Date). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 12 (Events outside our control) for our responsibilities when this happens.
6.2. Delivery is complete once we have sent you a hyperlink, by email, to the Products and the Products will be at your risk from that time.
6.3. We retain ownership of all intellectual property rights in relation to the Products.
7. Price of Products and delivery charges
7.1. The prices of the Products will be as set out in the Order Form we email to you under clause 3.1(b) and our invoice.
7.2. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
7.3. The price of Products excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
8. How to pay
8.1. You can pay for Products using the following methods of payment: Debit or Credit Card; Bank Transfer; Stripe; or Paypal.
8.2. Further details as to how to make payment can be found on our invoice.
8.3. Payment for the Products must be made in advance of receiving the Products.
9. Our warranty for the Products
9.1. We warrant that on delivery, the Products will:-
(a) subject to clause 5, conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979);
(d) be fit for any purpose held out by us; and
9.2. We further warrant that, to the extent that any Products are reliant on server availability, they shall be supplied with a level of up-time equal to or better than 99.5% per year. We calculate uptime like this: uptime percentage = uptime / (uptime + downtime). Both uptime and downtime is calculated on a yearly basis with a 1 minute sampling interval. Planned maintenance is not included in the downtime.
9.3. Subject to clause 9.4, if:
(a) you give us notice in writing within a reasonable time that some or all of the Products do not comply with the warranties set out in clause 9.1 and 9.2;
(b) we are given a reasonable opportunity of examining the Products; and
(c) if we ask you to do so, you return the Products to us at your cost,
we will, at our option, repair or replace the defective Products, or refund the price of the defective Products in full.
9.4. We will not be liable for breach of any warranty set out in this clause 9 if:
(a) you make any further use of the Products after giving notice to us under clause 9.3;
(b) the defect arises as a result of us following any drawing, design or specification supplied by you;
(c) you alter or repair the Products without our written consent;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(e) the Products differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
9.5. We will only be liable to you for the Products’ failure to comply with any warranty set out in this clause 9 to the extent set out in this clause 9.
9.6. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
9.7. These Terms also apply to any repaired or replacement Products supplied by us to you.
10. Our liability: your attention is particularly drawn to this clause
10.1. References to liability in this clause 10 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
10.2. We only supply the Products for internal use by your business, and you agree not to use the Products for any resale purposes.
10.3. Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
(e) any other liability that cannot be limited or excluded by law.
10.4. Subject to clause 10.3, we will under no circumstances be liable to you for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
10.5. Subject to clause 10.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Products.
10.6. Unless the you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 12 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail
10.7. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
11.1. Without limiting any of our other rights, we may suspend the supply or delivery of the Products to you, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(d) your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
11.2. Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
11.3. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
12. Events outside our control
12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
12.2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.3. You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days unless the Products have already been delivered to you. To cancel please contact us.
13. Communications between us
13.1. When we refer to “in writing” in these Terms, this includes email.
13.2. Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be sent by pre-paid first class post or other next working day delivery service, or email.
13.3. A notice or other communication is deemed to have been received:
(a) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(b) if sent by email, at 9.00 am the next working day after transmission.
13.4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
13.5. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
14. How we may use your personal information.
15.1. Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
15.2. Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
15.3. Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
15.4. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5. Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
15.6. Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.
These Terms and Conditions were updated December 9 2020.