. The Candide Platform is operated by Candide Limited (“Candide”, we, us and our). We are a limited company, registered in England. Our registered company number is 9207044, and our registered office is at Eighth Floor, 6 New Street Square, New Fetter Lane, London, EC4A 3AQ.
1.2 We reserve the right to change these Terms from time to time by changing them on the Candide Platform, although no such change will affect any Purchase you have already made with us. Your continued use of the Candide Platform and any new Purchases will be bound by the new Terms.
1.3 As a consumer, nothing in these Terms will affect or reduce your legal rights under UK law (your "non-excludable statutory rights").
1.4 In these Terms the following words will have the meanings shown below:
“Candide Platform” means the Candide App and all our websites, mobile sites, mobile apps, social media platforms or any other technology or mechanism you may use to interact with us.
"Offer" means the offer and/or services offered by a particular Merchant for which a Purchase can be made.
"Merchant" means a third party partner of Candide who sells the products or services for which a Purchase can be made.
"Purchase" or "Purchased" means the purchase of a Voucher.
"Voucher" means a voucher for a particular Offer from a Merchant, which is subject to any additional terms of entry set by the Merchant.
2. THE BASICS
2.1 To use the Candide Platform and make any Purchases, you must be 18 or over. By continuing to use the Candide Platform and agreeing to these Terms you are representing to us that you are 18 and we can rely on this representation.
2.2 The Candide Platform and the Offers offered on the Candide Platform are addressed only to people who use the Candide Platform and make Purchases in the UK. You should be careful to satisfy yourself of an Offer's suitability to your circumstances (such as considering your travel arrangements to/from the which is not included as part of the Purchase). If you choose to use the Candide Platform or make a Purchase outside the UK you do so at your own risk.
3. PURCHASING VOUCHERS
3.1 Your relationship with the Merchant We act as a disclosed agent for our Merchants. This means that the contract for the Offer is between you and the Merchant. In most cases this means there are likely to be additional terms and conditions which apply to your contract with the Merchant (because each Merchant has different terms relevant to the Offer). These additional terms, if any, shall be made known to you at the time of Purchase. You shall ensure that anyone using a Voucher with a Merchant purchased by you complies with those terms.
3.2 Where we act as agent this means that we have no contractual liability to you in respect of that particular Offer.
3.3 It is important to note that it is the Merchant, not us, who is the seller of the Offers. Therefore, if you have a complaint about the quality of the Offers your complaint lies with the Merchant, not Candide. Contact details for the Merchant will be provided in the confirmatory email and/or in the redemption instructions we send you when you make a Purchase. We will use our reasonable endeavours to assist you with providing feedback to the Merchant if you so request.
3.4 For all Offers you will receive an electronic Voucher or redemption instructions. You must take the acknowledgment of your order with you and the credit/debit card you used to make the order.
3.5 Vouchers that have a time and/or date specified must be used within the period outlined, or it will no longer be valid (and you will not be entitled to a refund). If you fail to arrive at the Merchant within the time specified, you will forfeit your Voucher and we will not provide a refund."
3.6 Vouchers may be restricted to a maximum number. You will be informed of this at the point of purchase.
3.7 It is your responsibility to check your Vouchers. If you have made a mistake, it cannot always be rectified after purchase. Please check your Voucher(s) on receipt carefully and contact us immediately prior to the Offer if there is a mistake, or if you have not received your Voucher(s).
3.8 Vouchers may be Purchased by clicking on the Offers you wish to Purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Buy Tickets" button within Candide.
3.9 Where a concession, discount or otherwise reduced fee is claimed in respect of a Voucher, proof of identity and concession entitlement (for example of age or student status) may be required.
3.10 Once submitted, your order constitutes an offer to Purchase a Voucher. All orders are subject to acceptance by us. Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that we have accepted your order and providing details of your Voucher. Notwithstanding our acceptance, we may immediately terminate or suspend the Purchase (and suspend or void the Voucher) if subsequently your payment details are found to be invalid or lack funds by our payment provider, or we or our payment provider reasonably suspect fraudulent behaviour linked with your account
3.11 Counterfeiting, copying, sale, resale or trade of a Voucher is prohibited. If you attempt to do this, we reserve the right to void the Voucher and cancel your account.
3.12 Your Voucher remains the property of the Merchant and is a personal revocable licence which may be withdrawn and admission refused by the Merchant at any time upon refunding the printed purchase price.
3.13 Our Merchants may prohibit us from issuing exchanges or refunds after a Purchase is made, or for lost, stolen, damaged or destroyed Vouchers. It is your responsibility to keep your Vouchers safe, whether in digital or paper formats.
3.14 A Voucher shall not be used for advertising, promotions, contests or sweepstakes without the Merchant's and Candide’s written consent.
3.15 Vouchers are sold subject to the Merchant’s right to alter or vary the Offer terms due to circumstances beyond its reasonable control without being obliged to refund monies or exchange Vouchers other than in certain cases set out in our refunds policy.
3.16 The Merchant may refuse or revoke admission should you or your guests breach any terms and conditions of the Offer or Merchant, or otherwise upon reasonable grounds. It is at the Merchant’s discretion to admit latecomers, but admission cannot be guaranteed. You only have the right to products or services corresponding to those stated on the Voucher, but the Merchant reserves the right to provide alternative products or services of equivalent value to those stated on the Voucher.
4. PRICE AND PAYMENT
4.1 The price of Vouchers is as quoted on the Candide Platform from time to time. Prices include VAT, if applicable.
4.2 Prices are liable to change at any time, but changes will not affect Purchases in respect of which we have already sent you an email confirmation.
4.3 Payment for all orders must be made by credit or debit card by entering such information in the Settings part in the Candide Platform or as part of the booking process.
4.4 You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
) when using or making payments through the Candide Platform.
5.1 Candide may, in Candide's sole discretion, offer you account credit, or rewards points that may be redeemed for account credit, or other features or benefits related to Candide and/or a Merchant(s)' services, subject to any additional terms that Candide establishes on a per promotion basis (each a "Rewards Promotion"). You agree that Rewards Promotions:
must be used for the intended audience and purpose, and in a lawful manner;
may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Candide;
may be disabled by Candide at any time for any reason within Candide’s reasonable discretion without liability to Candide;
may only be used pursuant to the specific terms that Candide establishes for such Rewards Promotions;
are not redeemable for cash; and
may expire prior to your use.
5.2 Certain Rewards Promotions may only be available to new users - or users who have not performed certain actions on the Candide Platform. New users are unique natural persons who have not yet created a Candide account.
5.3 Candide reserves the right to delay delivery of Candide benefits pending verification that a user has complied with the terms of the Rewards Promotion, including verification of the user's identity. Candide reserves the right to deduct credits or other features or benefits obtained through the use of Rewards Promotions by you or any other user in the event that Candide determines or reasonably believes that the use or redemption of the Rewards Promotion was in error, fraudulent, illegal, or in violation of the applicable Rewards Promotion terms or these Terms.
5.4 Candide credits earned have no cash value and will only apply in the local currency and are not transferable. If a Purchase exceeds the credit value in your account, the remaining balance will be charged to the registered credit card. Rewards Promotions cannot be combined with any codes or other promotions.
6. OUR REFUNDS POLICY
6.1 Purchases for Vouchers cannot be exchanged or refunded, except in the following circumstances: a) For Offers that have not yet been Redeemed, where the Merchant has not set its own refund policy in the text of the Voucher on the app or website, and a refund has been requested via email to email@example.com within 14 calendar days of a Voucher having been issued. b) For Offers where the Merchant has set its own refund policy in the text of the Voucher on the app or website, and a refund has been requested via email to firstname.lastname@example.org in accordance with the refund policy set by the Merchant.
6.2 If we discover an error in the price of the Vouchers you have ordered, we will use reasonable endeavours to inform you as soon as possible and allow you to either reconfirm your order at the correct price (crediting or debiting your account as applicable), or cancel your order. If you choose to cancel, you will receive a full refund from us if you've already paid. If we are unable to contact you, this will be treated as a cancellation.
6.3 If a Listing is cancelled, or there is a material change to the subject matter of the Voucher contract, we will give you a full refund of at least the face value price paid or, if the face value has been reduced by the Merchant, the discounted face value price paid. A 'material' change is one which, in our reasonable opinion, makes the Listing materially different to what a purchaser of the Listing could reasonably expect. Where an outdoor Listing is cancelled or re-scheduled because of the weather, we shall not be liable to pay a refund but you may still be eligible for a refund direct from the Merchant according to the terms and conditions of the Merchant applicable to the Purchase. In order to claim your refund, please contact us as soon as possible after becoming aware of such change or cancellation, or where the Listing has been re-scheduled, at least prior to the re-scheduled Listing. In any event, you must apply within one month of the original date of the Listing.
6.4 We will refund any money received from you using the same method originally used by you to pay for your purchase.
6.5 You may reject a credit or refund within 30 days of receiving the credit or refund, but if you do not reject the credit or refund by notifying us within that timeframe you will be deemed to have accepted the credit or refund in full and final settlement of any and all claims, actions, demands and proceedings you may have against Candide and the Merchant arising out of the Voucher or Purchase for which you received the credit or refund.
6.6 Nothing in these Terms limits or takes away from your legal rights under general law, including your rights to cancel contracts within seven (7) days and receive refunds for goods and/or services purchased by distance means. This cancellation right does not apply to contracts for the provision of accommodation, transport, catering or leisure services on a specific date or within a specific period. As such, Purchases made via the App and the Candide website are generally non-cancellable and non-refundable, although you may be entitled to a refund in certain circumstances set out above.
7. OUR SERVICE STANDARDS
7.1 We warrant that we will exercise reasonable care and skill in performing our obligations under these Terms. Provided we have done so, we shall not be liable for errors or omissions, although we do, however, issue credits and refunds in limited circumstances (see our Refunds Policy). In the event of an error or omission we will use reasonable endeavours to correct any errors or omissions as soon as reasonably practicable after we become aware.
7.2 Except as expressly stated in these Terms, all warranties, conditions or other terms, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. This does not stop you from exercising your legal rights under general law to the extent that we cannot lawfully exclude them, or claiming any remedies you might be entitled to under general law.
8. OUR LIABILITY
8.1 Nothing in these Terms shall limit or exclude our liability to you:
for death or personal injury caused by our negligence;
for fraudulent misrepresentation;
for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
under Part I of the Consumer Protection Act 1987; or
for any other liability that may not, under English law, be limited or excluded.
8.2 Subject to this, in no event shall we be liable to you for any business losses (and loss of profits shall always be treated as a type of business loss) and any liability we do have for losses you suffer arising from any Purchases shall not exceed 100% of the aggregate amount spent on the Purchase for the relevant Voucher(s). Further, our liability to you for any and all losses however they arise in connection with these Terms and your use of the Candide Platform (including any Purchases) is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
8.3 Other than as expressly described in these Terms, Candide does not undertake to provide the Offers for which Vouchers are issued, nor does it give any warranty in respect of the quality, safety, usability or any other aspect of the Offers. We do, however, issue credits and refunds in limited circumstances (see our Refunds Policy).
8.4 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control, though we will take reasonable steps to prevent or minimise such delays.
8.5 Where photos or pictures are displayed they are intended to be purely representative of the Merchant or Offer. Your actual experience may vary.
9. SUSPENSION AND TERMINATION
9.1 We may suspend or terminate all or part of your use of the Candide Platform, your account and/or a Purchased Voucher if you use (or permit anyone other than you to use) the Candide Platform, your account or a Purchased Voucher in breach of these Terms and we do not reasonably consider that your breach can be resolved, or if it can be resolved you have failed to resolve it to our reasonable satisfaction after we have asked you to do so and given you a reasonable opportunity to do so.
9.2 Termination shall not prejudice any other right or remedy you or we may have in respect of accrued rights (including rights in respect of any breach) or liabilities which arose prior to termination.
10.1 These Terms are personal to you. You may not transfer or assign any or all of your rights or obligations under these Terms to any other person without our consent.
10.2 All notices given by you to us must be given in writing and by post to the address set out at the end of these Terms and also by email. We may give notice to you at either the email or postal address you provide to us when placing an order. Notices given in writing by post must be sent by first class post and will be deemed to be served on the fourth day after posting.
10.3 If we fail to enforce any of our rights, it does not result in a waiver of that right.
10.4 If any provision of these Terms is found to be unenforceable, that provision shall be struck out and where capable all other provisions shall remain in force unaffected.
10.5 These Terms may not be varied except in accordance with 1.2 above.
10.6 These Terms and any document expressly referred to in them constitute the entire agreement between you and us about the subject matter of these Terms and, in relation to such subject matter, supersedes and extinguishes all earlier understandings and agreements between you and us.
10.7 All provisions of these Terms apply equally to and are for the benefit of Candide and the Merchants at any relevant time and each shall have the right to enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded by us without the consent of the group members and the Merchants). Subject to the previous sentence and to 19.2 and 20.2 below, no term of this Agreement is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
10.8 These Terms (and all non-contractual relationships between you and us) shall be governed by English law, and you agree that any dispute between you and us regarding them or any Purchase will only be dealt with by the nearest courts in England and Wales (nearest to where you reside).
11. DISPUTE RESOLUTION
11.1 In the first instance we request that you contact us if you have a complaint against us and we shall try to resolve it.
11.2 Nothing limits your right to bring a complaint against us by applying to your nearest court in England and Wales.
12. CONTACT US
Please submit any questions you have about these Terms, an order you have placed or purchasing in general by email to email@example.com or write to us at:
40 Queen Square