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Competition Terms & Conditions. Please see link here.


USER AGREEMENT

  1. 1.Introduction


    1. 1.1.Who are we?

      We are PTB Group Ltd, a company incorporated and registered in England and Wales with registered address at Office One 1 Coldbath Square, Farringdon, London, England, EC1R 5HL, and company number 13710528 (“PTB”, “we”or “us”).
      To contact us, please email contact@pushthatbutton.co.uk

    2. 1.2.What does this Agreement cover?

      PTB is an app that allows you to search for, and enter, competitions being run by your favourite brands and talent (together, “Talent”) for a chance to win exciting prizes.


      This User Agreement (this “Agreement”) applies to and governs all use of our website,https://pushthatbutton.co.uk/ (the “Website”), and the PTB app (the “App”) including any related services or functionalities such as the provision by PTB of benefits in connection with referral code schemes it may make available from time to time, other than the competitions run via the App by Talent (together the“Services”) by visitors to the Website (“Website Visitors”), or individuals viewing and entering competitions on the App (“App Users”, and together with Website Visitors, “Users”).


      This Agreement does not apply to, and PTB is not a party to, any contracts which relate to the competitions run by Talent via the Services. All competition terms are entered into by Users and Talent, and PTB takes no responsibility for competitions, nor the fulfilment of, or compliance with, competition terms.


      This Agreement does not apply to the use of the app by Talent in order to run a competition.

    3. 1.3.Why read this Agreement?

      Please read the following carefully before using the Services. By doing any of the foregoing, you are agreeing to be bound by, and become a party to, this Agreement, which can be found on our Website and App. If you do not agree with the terms of this Agreement, you may not use the Services.


      We may update the terms of this Agreement from time to time for any reason by posting the updated version to our Website and the App, but changes to the Agreement take effect only where they are permitted by law and made available to you for your agreement. Every time you use the Services, you are deemed to have accepted the latest version of this Agreement in place at that time. Please check our Website or the App for any updates to the Agreement each time you use the Services.

    4. 1.4.Are there other items to read?

      This Agreement refers to the following additional documents, which also apply to your use of the Services:

      • our privacy policy; and

      • if you enter a competition on the App, the Competition Terms and Competition Information will apply to your entry.

      • Our Cookie Policy which sets out information about the cookies on our site.

  2. 2.OUR SITE IS ONLY FOR USERS IN THE UK


    1. 2.1

      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.

  3. 3.REGISTRATION AND USER ACCOUNT MANAGEMENT


    1. 3.1

      Before you can enter Talent’s competitions on the App, you will first need to create a “User Account”.
      TTo be able to create an account, you must be at least 18 years old (see further at section 8 below) and be located, with a postal address, in the United Kingdom. You are only permitted to create one User Account. The creation of multiple User Accounts is forbidden.

    2. 3.2

      To register your User Account you must provide certain information (including your first name, last name, email address, gender, age, password and any referral codes you have been sent by your contacts (if relevant)), which must be a true representation of your credentials. If PTB determines (or reasonably believes) that you are registering with incorrect information, it reserves the right to suspend or close your User Account.

    3. 3.3

      Whether your User Account registration is successful is at PTB’s sole discretion, and PTB reserves the right to refuse to register your User Account for any reason.

    4. 3.4

      By registering your User Account, you agree:


      1. 3.4.1

        to provide accurate, current and complete information about you when prompted by PTB, and keep this information (and any other information provided to PTB) updated;

      2. 3.4.2

        to maintain the security of any usernames or passwords used to access the Services;

      3. 3.4.3

        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.

      4. 3.4.4

        that you are solely responsible for all obligations and assuming compliance with this Agreement, and entitled to all benefits accruing thereto;

      5. 3.4.5

        that you may not allow any other person to access your User Account, access the Services, accept any prizes, or participate in any competition using your User Account information;

      6. 3.4.6

        that your User Account is not transferable to any other person;

      7. 3.4.7

        that you are responsible for all use of your User Account and for any actions that take place using your User Account, and all activities undertaken using your User Account will be deemed to have been undertaken by you;

      8. 3.4.8

        that you must immediately notify PTB of any unauthorized use of your email address, password or User Account, or any other breach of security;

      9. 3.4.9

        that the results of each competition hosted on the App will be determined by Talent using PTB technology, and such determinations are final. By registering and/or participating in any competition on the App, you agree to be bound by these determinations; and

      10. 3.4.10

        that PTB may:

        1. (a)

          display your username, gameplay data and statistics, competition records and any other information regarding your activity on the Website; and

        2. (b)

          print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional, marketing or related purposes without additional compensation.

  4. 4.TALENT


    1. 4.1

      PTB acts as a service provider to Talent, to enable Talent to run competitions using PTB tools and technology. When you enter a Talent competition, we continue to act as a vendor to Talent, purely for the supply of our tools and technology as a service.

    2. 4.2

      We require that Talent identify appropriately, such as in the descriptions Talent make available, which of their competitions have specific age restrictions. If you do not meet the age restrictions of a competition, you must not access or enter the relevant competition.

    3. 4.3

      Talent are solely responsible for the competitions run via the Services. This includes, the provision of any winnings or prizes that you win via a Talent competition run via the Services. PTB is not responsible, and accepts no responsibility, for any issues with, delays in providing, or failure to provide, the winnings or prizes advertised by Talent.

    4. 4.4

      Whilst we take steps to ensure Talent are required, legally, to fulfil any prizes or winnings, PTB does not moderate the content, descriptions, winnings or prizes offered by Talent through PTB competitions, and so we are not able to confirm their accuracy or completeness, or to endorse them. If you have any concerns about any of the competitions being run on the App, the relevant Talent is best placed to answer, please contact them using the contact information on the relevant competition information page. Otherwise, please contact PTB here: help@pushthatbutton.co.uk.

  5. 5.YOUR RIGHT TO USE THE SERVICES


    1. 5.1

      PTB hereby grants a limited, non-exclusive right and license to you for you to use the Services, subject to the terms of this Agreement, for your non-commercial, personal use. Any use, reproduction or redistribution of the Services not in accordance with the terms of this Agreement is expressly prohibited.

    2. 5.2

      This Agreement and your use of the Services do not give you any rights of title or ownership in any property, whether tangible or intangible. The Services are licensed, not sold.

    3. 5.3

      The Services comprise of copyright works of PTB and/or its licensors.

  6. 6.Your restrictions when using the services


    1. 6.1

      We use commercially reasonable endeavours to protect our Services, Talent and Users, and it is important that the Services are not used in a way which is unfair or which might harm our rights or the rights of others. Accordingly, we reserve the right to take any and all action available to us with respect to any conduct that violates the terms or spirit of this Agreement.

    2. 6.2

      You must not do (or attempt to do) any of the following with the Services (except to the extent expressly permitted by this Agreement):


      1. 6.2.1

        sell, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-license, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Services, or any part or interest in it, to other parties in any way (except where a Service expressly permits you to do so through sharing content in that Service on social media)

      2. 6.2.2

        engage in any act that PTB deems to be in conflict with the spirit or intent of the Services, including without limitation using cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Services;

      3. 6.2.3

        make public or commercial use of any part of the Services without PTB’s prior written consent;

      4. 6.2.4

        attempt to gain unauthorised access to the Services or to the computers, devices, servers, or networks connected to them by any means other than the user interfaces provided by PTB;

      5. 6.2.5

        conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Services; This includes:


        1. 6.2.5.1

          Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same; and

        2. 6.2.5.2

          Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations;

      6. 6.2.6

        except to the extent permitted under the relevant competition terms, provide hyperlinks to, or other forms of links to, our Services:


        1. 6.2.6.1

          for obtaining profit or other commercial gain without our express prior written consent;

        2. 6.2.6.2

          in any website / social media account that is not owned by you; or

        3. 6.2.6.3

          in such a way as to suggest any form of association, approval or endorsement on our part where none exists;

      7. 6.2.7

        use the Services for any illegal or immoral purposes, or in a way which might call into disrepute or undermine the integrity PTB, Talent or the Services (such as tampering with competition results or altering any component of any competition); and

      8. 6.2.8

        do anything which might disrupt use of the Services by PTB, Talent or other Users, or which could threaten, harass or upset PTB staff, Talent or other Users.

    3. 6.3

      You will cooperate fully with PTB to investigate any suspected illegal, fraudulent or improper activity, or any breach of this Agreement and, if you feel that the behaviour of another user breaches this Agreement then please let PTB know by sending an email to help@pushthatbutton.co.uk with details of the potential breach and/or the user responsible. PTB will take reasonable steps to deal with any breach.

    4. 6.4

      You are responsible for ensuring that you have an internet connection, and that the device and equipment that you use have sufficient system capabilities and memory in order to use the Services. PTB is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnections or any incorrect or inaccurate results.

  7. 7.Ownership


    1. 7.1

      All right, title, interest and ownership rights and any and all copyrights, design rights, database rights, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications or extensions therefor and all other intellectual property rights of any similar or equivalent type in any territory of the world (“Intellectual Property Rights”), in or connected with the Services and each part thereof (including by way of example only any titles, code, themes, objects, concepts, artworks, animations, audio-visual effects and methods of operation) and any copies, translations, modifications, adaptations and any other derivative based on the Services are owned by, belong to and vest in PTB and its licensors

    2. 7.2

      The Services may contain certain materials licensed by third parties (including Talent) to PTB. All trade marks and other rights are the property of their respective owners. Except as expressly provided in this Agreement, all rights are reserved by us and our licensors.

    3. 7.3

      The Services may include intellectual property, or references, relating to third parties such as (without limitation) real-world events, people, organisations, places, venues, companies and competitions or other real-world references. Except where we may have licensed rights from the relevant party, we do not represent that we have a connection with or any arrangement with such rights owners.

  8. 8.Liability


    1. 8.1

      PTB warrants that it has used and will use reasonable efforts to ensure that:


      1. 8.1.1

        it is entitled to grant the rights and licences granted hereunder; and

      2. 8.1.2

        the Services will be of satisfactory quality, as described and fit for the purposes we describe.

    2. 8.2

      Except as specifically provided in this Agreement and to the maximum extent permitted by law:


      1. 8.2.1

        you acknowledge and agree that PTB is not responsible for the actions, inactions, omissions, negligence, representations or statements of Talent;

      2. 8.2.2

        you acknowledge and agree that PTB is not responsible for competitions run via the Services, including the fulfilment of any winnings or prizes;

      3. 8.2.3

        run via the Services, including the fulfilment of any winnings or prizes; the Services are provided on an "as is" and “as available” basis without warranty or guarantee of any kind (express or implied) other than those set out in this Agreement;

      4. 8.2.4

        PTB only accepts liability for direct loss as a result of its breach of its warranties in Clause 7.1 unless otherwise set out in this Agreement;

      5. 8.2.5

        subject to Clause 7.3, PTB and its licensors’ maximum liability under this Agreement will be limited to £20, and you acknowledge and agree that PTB has no liability with respect to the competitions run via the Services;

      6. 8.2.6

        PTB and its licensors will not in any event be liable in any way for any consequential or indirect loss or damage (save to the extent that damage to your device or other digital content which you own is caused by the Services as a result of our failure to use reasonable care and skill, in which case you may be entitled to compensation or we may be obliged to repair your device). 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; and

      7. 8.2.7

        PTB does not guarantee that the operation of the Services will be uninterrupted or error free or that errors can or will be corrected, or that the Services are free of viruses or other harmful components. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

      8. 8.2.8

        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.

      9. 8.2.9

        Where our app 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.

    3. 8.3

      This Agreement shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law, nor shall it exclude or limit any liability for fraud, fraudulent misrepresentation, or death or personal injury caused by PTB’s negligence.

    4. 8.4

      You hereby indemnify (agree to compensate), defend and hold harmless PTB and PTB’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the <b>"Indemnified Parties"</b>) from and against any and all any liabilities, claims, costs and expenses (including without limitation legal expenses and lawyers’ fees) incurred by the Indemnified Parties arising out of any of:


      1. 8.4.1

        any breach by you of this Agreement or claims arising directly or indirectly from your use or misuse of the Services;

      2. 8.4.2

        any negligent or improper use of your device, password and username;

      3. 8.4.3

        any use of the Services otherwise than in accordance with this Agreement and any community guidelines we may make available from time to time; and

      4. 8.4.4

        third party claims of intellectual property rights or privacy rights infringement, or of defamation against a third party, arising directly or indirectly from your User-Generated Content.

    5. 8.5

      You shall fully cooperate with PTB in the defence of any claim made pursuant to Clause 7.4, and PTB reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

    6. 8.6

      You further agree that the subject matter of this Agreement is of a unique character with special value, and that PTB would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that PTB shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this Agreement, in addition to such other remedies as PTB may otherwise have available to it under applicable laws.

    7. 8.7

      PTB's licensors shall be third-party beneficiaries under this Agreement and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.

  9. 9.AGE RESTRICTIONS


    1. 9.1

      PTB does not target the Services to Users under 18 years of age.

    2. 9.2

      To use the Services you must be both:


      1. 9.1.1

        of an age which meets the minimum age certification requirement of the Services in the territory you are in (where applicable); and

      2. 9.1.2

        in any event, you must be over the age of 18 years.

    3. 9.3

      By using the Services, you represent and warrant that you are over 18 years of age. If you are not over 18 years of age, you must stop using the Services immediately.

  10. 10.DATA PROTECTION


    Please be aware that any personal data you supply to us when using the Services will be used by us in accordance with our Privacy Policy Please read these policies carefully

  11. 11.Termination


    1. 11.1

      This Agreement and the licences granted by it are effective until terminated.

    2. 11.2

      We may:


      1. 11.2.1

        temporarily discontinue the Services at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for; and

      2. 11.2.2

        (if you do not comply with the terms of this Agreement, or we reasonably suspect that you have failed to do so) take any action we deem reasonable in our sole discretion against you, including immediately suspending and/or closing your User Account. We reserve the right to determine what conduct we consider to be in violation of, or otherwise outside the intent or spirit of, this Agreement and/or the Services. However, if what you have done can be put right, we will give you a reasonable opportunity to do so.

    3. 11.3

      You may terminate this Agreement at any time and for any reason by closing your User Account. You can do this by emailing delete@pushthatbutton.co.uk

    4. 11.4

      If you close your User Account, you will lose access to any voucher codes you may have won. You are solely responsible for making a note of such voucher codes before closing your account. PTB accepts no responsibility for lost voucher codes in such circumstances.

    5. 11.5

      Following termination of this Agreement, you will no longer be permitted to use the Services. Please be aware that, where applicable, any voucher codes, winnings, statistics, or other information or data relating to your User Account (where applicable for each Services) may thereafter be deleted and/or become inaccessible.

  12. 12.APPLICATION STORE TERMS


    1. 12.1

      PTB is required to inform you of the information included in this paragraph 11, by Apple Inc. ( “Apple”).

    2. 12.2

      You and PTB acknowledge this Agreement is concluded between you and PTB only, and not with Apple, nor any subsidiary or affiliate company of Apple. You also acknowledge that we are solely responsible for the Services.

    3. 12.3

      Subject to your compliance with this Agreement, PTB grants you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and licence to use one copy of the App for your personal, non-commercial use on any iOS or tvOS product you own or control, and as permitted by Usage Rules in the Apple Media Services T&Cs (www.apple.com/uk/legal/internet-services/itunes/uk/terms.html).

    4. 12.4

      PTB is solely responsible for providing support and maintenance for the Services. You and PTB acknowledge Apple has no obligation whatsoever to furnish any maintenance & support services with respect to the Services.

    5. 12.5

      You acknowledge that PTB, and not Apple, is responsible for addressing any claims you may have relating to the Services or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim the App fails to confirm to any applicable legal or regulatory requirement; and (c) claims under consumer protection or similar legislation, including in connection with any use of HealthKit or HomeKit frameworks.

    6. 12.6

      You acknowledge that in the event of a third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, PTB shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.

    7. 12.7

      You represent and warrant: (a) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a ‘terrorist supporting’ region; and (b) you are not listed on any US Government list of prohibited or restricted parties.

    8. 12.8

      You agree to comply with any applicable third party terms of agreement when using the Services, including the terms of any ISP or wireless data service agreement applicable to your internet connection.

    9. 12.9

      You and PTB acknowledge and agree Apple and its subsidiaries are third party beneficiaries of these T&Cs, and that when you accept them, Apple will have the right (and be deemed to have accepted the right) to enforce these T&Cs against you as a third party beneficiary thereof.

  13. 13.GENERAL


    1. 13.1

      This Agreement, together with the applicable documents listed at paragraph 1.4 above constitutes the entire agreement between PTB and you in respect of its subject matter.

    2. 13.2

      Even if we delay in enforcing this Agreement and/or our rights, we can still enforce this Agreement and/or our rights later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking of any term of this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

    3. 13.3

      We may transfer our rights and obligations under this Agreement to another organisation (such as, without limitation, in the event of a business restructure or acquisition). We will let you know if that happens and we will ensure that your rights under this Agreement are unaffected. You may not transfer your rights or obligations under this Agreement unless we expressly agree to the transfer in writing.

    4. 13.4

      Except where expressly stated to the contrary in this Agreement, this Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

    5. 13.5

      In the event that any provision of this Agreement (including, without limitation, any restriction) shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be interpreted in such a way as to ensure it is enforced to the maximum extent permissible in a manner reflecting the parties' intentions and the remaining portions of this Agreement shall, in any event, remain in full force and effect

    6. 13.6

      This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim. In addition, you may have the legal right to bring proceedings in your local jurisdiction and, if this is the case, then you may bring proceedings there.

    7. 13.7

      If you become aware of any material that is illegal or could comprise or be connected to child sexual abuse or exploitation or could comprise terrorist content or be connected to terrorism, please contact us immediately on contact@pushthatbutton.co.uk.