Terms & Conditions
These Terms and Conditions govern your use of the website accessed through www.comparethemagic.com and www.comparethemagic.co.uk (the "Website") and any subscription plans or advertising packages purchased through the Website.
The email address referred to throughout these terms and conditions is info@comparethemagic.com.
Please read the Terms and Conditions carefully as they affect your liabilities under the law. By using the Website, you are deemed to accept the Terms and Conditions and, before proceeding with a purchase, you will be required to show that you have read and understood them (by clicking on the "I accept" button at the end of these Terms and Conditions. Please note that you will be required to do this each and every time make a purchase through the Website). If you do not agree to these Terms and Conditions, please do not use the Website.
1. Ownership and intellectual property
1.1 The Website is owned and operated by a sole trader c/o info@comparethemagic.com.
1.2 The copyright and all other intellectual property rights of the Website and any material on the Website are either owned by us or are included with the permission of the owner of the rights. This includes all rights associated with the brand ‘Comparethemagic.com.’
1.3 No copying of either the Website and/or any of the material contained on the Website or distribution for any commercial or business use is permitted without our prior written consent.
2. Website information & availability
2.1 Whilst we take every care to ensure that the information on the Website is accurate and complete, some of it (such as images etc) may be obtained via third party sites on the internet or supplied to us by third parties and we may be unable to fully check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it.
2.2 Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
3. Promotions, vouchers & competitions
From time to time, we (or selected third parties) may include competitions, promotions, vouchers or other offers on the Website. Each such offer and or voucher shall be subject to its own express terms, however, each offer or promotion will be subject to availability at all times.
4. Limitations
4.1 You may not use the Website for:
4.1.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
4.1.2 transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice.
4.1.3 gaining unauthorised access to other computer systems.
4.1.4 interfering with any other person's use or enjoyment of the Website.
4.1.5 breaching any laws concerning the use of public telecommunications networks.
4.1.6 interfering or disrupting networks or websites connected to the Website; or
4.1.7 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
4.2 We reserve the right to refuse to post material on the Website or to remove material already posted on the Website.
4.3 You fully indemnify us against any and/or all losses, liabilities, costs and/or expenses reasonably suffered or incurred by us, any and/or all damages awarded against us under any judgment by a court of competent jurisdiction and any and/or all settlements and sums paid by us as a result of any settlement reasonably agreed by us arising out of or in connection with:
4.3.1 any claim by any third party that the use of the Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice.
4.3.2 any claim by any third party that the use of the Website by you infringes that third party's copyright or other intellectual property rights of whatever nature; and/or
4.3.3 any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website by you.
5. Purchasing subscription plans
5.1 Subscriptions are not refundable.
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5.2 Where you have used a promotional code to obtain a discount off the price of your purchase, acceptance of this purchase is subject to our verifying that the code has been issued to you personally and that you have complied with all the terms of the offer and qualify for the promotional code. In the event that the code has not been issued to you for your personal use, or you do not qualify for the promotion, the price of the purchase will be adjusted notwithstanding any email confirmation which you receive.
6. Third-party links
6.1 Third-party links on this site direct you to third-party websites that are not affiliated with us. We direct you as an introduction only. We are not responsible for examining or evaluating the content or accuracy of third-party sites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services supplied by third-parties.
6.2 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party alone.
6.3 The price of any subscription plans will be as quoted on the Website from time to time, except in cases of obvious error. In the event of obvious inaccuracies in the prices quoted on the Website, we reserve the right not to fulfil and/or to cancel any purchases placed by you in reliance on the inaccurate prices.
6.4 Prices are liable to change at any time, but changes will not affect prior subscriptions already taken out.
6.5 Payment for subscriptions, either by credit or debit card, will be taken from your card at the time we receive your purchase. Any payment made to us will be refunded if we do not accept your purchase.
6.6 Whilst it is our intention to keep the Website up to date and error free, subscription description or pricing errors may occur. If we discover such an error after you have submitted a purchase to us, we will contact you prior to accepting your purchase with the correct details. You may then either cancel your purchase or confirm it based on the correct information. If we are unable to contact you, we will treat your purchase as cancelled.
6.7 All prices shown on the Website are inclusive of VAT from the point the sole trader becomes VAT registered.
7. Purchasing Advertising Plans
7.1 The content, cost and terms of any advertising plans will be agreed individually between Comparethemagic.com and the advertiser.
8. Our liability
8.1 We warrant to you that any subscriptions or advertising plans purchased from us though the Website are reasonably fit for the purposes for which they are commonly supplied.
8.2 We shall not be responsible to you or any third party whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non-performance of our obligations under these Terms and Conditions, including such damage as may be reasonably foreseeable at the date you purchase the subscription or advertising plan.
8.3 If you are contracting as a business, our liability for any claim for loss or damage shall be limited to the purchase price of the subscription or advertising plan you purchased.
8.4 If you are contracting as a consumer, our liability for any claim for loss or damage shall be limited to the purchase price of the subscription you purchased.
8.5 Nothing in these Terms and Conditions shall exclude or restrict our liability:
8.5.1 for death or personal injury caused by our negligence.
8.5.2 under section 2(3) of the Consumer Protection Act 1987.
8.5.3 for fraud or fraudulent misrepresentation; or
8.5.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10. Notices
All notices given by you to us must be by email to info@comparethemagic.com. We may give notice to you at either the email or postal address you provide to us when making a purchase or in any of the ways specified. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent, or three days after the date of posting of any letter. 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.
11. Events outside our control
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
11.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
11.2.1 strikes, lockouts or other industrial action.
11.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
11.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
11.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.2.5 impossibility of the use of public or private telecommunications networks; or
11.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
11.3 Our performance under any Contract between us is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will endeavour to bring the Force Majeure Event to a close or to find a solution by which our obligations under any Contract between us may be performed despite the Force Majeure Event.
12. General
12.1 The use of the Website and any Contracts formed between us are governed by English law. Any dispute arising from, or related to, such use and any such Contracts shall be subject to the exclusive jurisdiction of the courts of England. We make no promise that materials on the Website are appropriate or available for use in locations outside the United Kingdom and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
12.2 A person who is not a party to these Terms and Conditions or any Contract between us shall have no right to enforce any term of the Terms and Conditions and/or any and/or all Contracts between us under the Contracts (Rights of Third Parties) Act 1999.
12.3 If any provision of these Terms and Conditions or any provisions of any Contract between us are found to be invalid, unlawful or unenforceable by a court to any extent, such provision will to that extent be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
12.4 We may assign, charge or transfer any of our rights or subcontract any of our obligations under these Terms and Conditions or any Contract to any third party at any time.
12.5 You may not assign, charge or transfer any of your rights or subcontract any of your obligations under these Terms and Conditions and/or any Contract between us except with our specific prior written permission in writing.
12.6 We reserve the right to revise and amend these Terms and Conditions from time to time and any such changes will be communicated on the Website. If you do not wish to accept the new Terms and Conditions, you should not continue to use the Website. If you continue to use the Website after the date on which the changes come into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions.
12.7 These Terms and Conditions govern the entire trading relationship between ourselves and you and will remain in force for the duration of our trading relationship.
12.8 We will endeavour to verify the accuracy of any pricing information which we place on the Website, but we make no warranties or guarantees (whether express or implied) in relation to the accuracy of such information. You must bear the risk associated with the use of the Internet.
13. Privacy Statement
13.1 Our privacy policy (including our cookies policy) is available via a link on the homepage of our Website.
13.2 We take your privacy seriously and we will not share your information with third parties for their marketing purposes. We may however use your e-mail address to send you information, special offers and promotions from Comparethemagic.com. You can unsubscribe from these e-mails at any time following the ‘unsubscribe’ link at the bottom of each e-mail.
These terms and conditions were last updated on 4 March 2024