ECOMOTO TERMS & CONDITIONS
We are: Ecar Giveaways Limited (company registration no. 012322125) trading as www.ecomoto.co.uk.
Our address is: Office 426, 275 New North Road, Islington, London, N1 7AA.
We can be contacted: At the above address, via email info@ecomoto.co.uk, via the contact page on our website or on 0208 191 0769
You are: a user of our services
Please read the terms and conditions set out below (“Terms and Conditions”) carefully before entering one of our our skilled prize draws. By registering with us and entering one of our prize draws you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions or our Privacy Policy, you are not permitted to access and use this Website or enter a prize draw and you should cease such access and/or use immediately.
1. Definitions
“Agreement” is a reference to these Terms and Conditions, the Privacy Policy and any payment instructions provided to you;
“Entrant(s)” is a reference to a person who has entered one of our Prize Draws;
“Prize” is a reference to the prize awarded for each Prize Draw which will vary between Prize Draws;
“Prize Draw” is a reference to the competitions that we run and advertise on our Website from time to time;
“User”, “you”, “your” and “yours” is a reference to you the person accessing this Website;
“we”, “us” and “our” are references to Ecar Giveaways Limited;
“Website” is a reference to this website, http://www.ecomoto.co.uk, which is run and operated by us and on which these Terms and Conditions are displayed; and
“Winner” is a reference to an Entrant who wins a Prize Draw.
2. Ecomoto Prize Draws
2.1. We promote and operate Prize Draws on our Website from time to time.
2.2. Each Prize Draw will be open to participants to enter for a specific period of time which will be displayed on the Website.
2.3. Prizes for each Prize Draw will be clearly displayed on the Website.
2.4. Our usual Prizes are electric vehicles with each Prize displayed alongside the details for a particular Prize Draw.
2.5. In the event the number of Entrants does not meet the minimum number required by the closing date we reserve the right to rerun the competition up to and including four times until the minimum number of entries are achieved. If the minimum number of entries are not achieved after this time period a cash Prize will be paid which shall be 70% of the total entry fees paid by Entrants.
3. Entrants
3.1. All Entrants are required to warrant that you are: 3.1.1. over 18 years of age; and
3.1.2. resident in the United Kingdom.
4. Prize Draw Entry
4.1. Entry to one of our Prize Draws may be done in one of two ways, namely, by post or online.
4.2. There is no fee to enter any of our Prize Draws by post.
4.3. In order to enter one of our Prize Draws online you must do the following:
4.3.1. Select the Prize Draw you wish to enter;
4.3.2. Using your skill and judgement, provide the correct answer to the qualifying question;
4.3.3. Select the number of entries you wish to make for the Prize Draw and pay the required fee;
4.3.4. Register your details with us by completing the online form before the closing date and time for entry.
4.4. If you wish to enter by post, you will need to do the following:
4.4.1. Send a postcard with the details of the Prize Draw you wish to enter to Ecar Giveaways Limited, Office 426, 275 New North Road, Islington, London, N1 7AA;
4.4.2. You will need to clearly display your name, address, date of birth, email address and contact telephone number on the postcard;
4.4.3. You must have registered with us online and your details must match those we have on file for you;
4.4.4. The correct answer to the question for that Prize Draw must be given on the postcard; and
4.4.5. The postcard must arrive with us by 0900 hours on the last Monday before the closing date for the Prize Draw.
4.5. You may enter each Prize Draw as often as you wish online, only one free entry per person via postal application.
4.6. It is your responsibility to ensure that you have provided us with your correct contact details.
5. Selecting a Winner
5.1. All of the correct entries received from Entrants will be entered into the applicable Prize Draw. One winner per Prize Draw will be randomly selected from the number of qualifying Entrants within 2 days following the closing date for the Prize Draw.
5.2. Once a Winner is selected we will make every attempt to contact the Winner within 48 hours of the draw. We will use the contact details provided by the Winner for this purpose. In the event that we are unable to establish contact with the Winner within 10 days of the draw, the Winner will be deemed to have forfeited the Prize.
5.3. Following contact with the Winner, the Winner will be required to provide such documentation that we may reasonably request to establish proof of identity. In addition, we may also ask you to prove that if your entry fee was paid by debit or credit card that the card was legally yours or that you had authorisation to use it. If you fail to provide us with the required documentation then you will be deemed to have forfeited the Prize.
5.4. We reserve the right to refuse or disqualify any incomplete entries if we have reasonable grounds for believing that an Entrant has contravened any of these Terms and Conditions.
6. Receiving your Prize
6.1. If you are the Winner of one of our Prize Draws we will contact you to arrange delivery of the vehicle which you have won or, in the case of a cash prize, we will require you to provide your bank details to arrange a bank transfer which will usually take place within 7 days of you providing your bank details.
6.2. Where the Prize is a vehicle, it will usually be the basic specification for that model unless otherwise stated on the website. All vehicles are electric. Should you wish to upgrade the specification you may do so however you will be required to pay us the difference in the price prior to our ordering the vehicle. Please note that any changes to the basic specification may result in delays to the delivery date. Once a vehicle is ordered we will agree the delivery date with you, in the meantime we will arrange for the installation of a Pod Point charger (if applicable) which will be free of charge.
6.3. It is the responsibility of the Winner to ensure that there is adequate space for a Pod Point charger to be installed, this usually requires a minimum of off-road parking on private property. The winner must also ensure that all appropriate consents and licences are obtained in order to facilitate the installation. Any additional building works or electrical upgrades to a property required to enable the installation of the Pod Point charger shall be at the cost of the Winner.
6.4. The cost of taxing and insuring the vehicle upon delivery shall be your responsibility.
6.5. It is our preference that you receive the vehicle as the prize, however if you cannot receive this for reasons deemed acceptable by us, then a cash prize equivalent to 70% of the value of the vehicle may be awarded at our discretion.
7. Our Website
7.1. The information, content and material available on the Website may vary from time to time without notice to you. This is in order to ensure that the Website is as up to date as possible.
7.2. We aim to have the site available at all times, however, you will appreciate that we cannot guarantee this and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible. In the event the Website or our systems are not available at in the hours running up the closing time for a Prize Draw for whatever reason, we reserve the right to postpone the closing date for the Prize Draw. On no account can we accept any liability to you where such an event occurs.
7.3. You must not interfere with the working of our Website nor must you circumvent security on the site, tamper with, hack into, or otherwise attempt to disrupt our computer system, server, Website, router or any other internet connected device or service.
7.4. When using our Website you shall not: (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Website or the data contained therein, or our servers or networks; (iii) attempt to gain unauthorised access to the Website or its related systems or networks; or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.
7.5. You must not use the Website for spamming, unsolicited or unauthorised advertising, “chain letters” or sending unsolicited, abusive or threatening emails to Users.
7.6. You may only modify or add content to the Website where specifically permitted. Under no circumstances may you block, obscure, overwrite or modify any content or pages generated by us. All other site locations or components of our Website pages are strictly for our use only.
8. Publicity and Advertising
8.1. You hereby consent to our taking and using photographs of you accepting your Prize and using your name on our social media accounts, our Website and general media promotions for the purpose of promoting the Website and advertising the Prize Draws.
9. Your Information and Safeguards
9.1. Where we have requested information from you to provide the services, you agree to provide us with accurate, up to date and complete information.
9.2. We reserve the right to verify with third parties the accuracy of information that you provide to us.
9.3. You authorise us to use, store or otherwise process your personal information in order to provide the services to you and for marketing purposes.
9.4. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
10. Cancellation
10.1. You may cancel your registration and deactivate your account at any time by selecting the option within your account.
10.2. We reserve the right to suspend your use of our Website where we have reasonable grounds to believe that you have acted in breach of these Terms and Conditions. We will provide you with notice of this decision.
11. Refunds
11.1. Ecomoto will not give cash or electronic money refunds for tickets willingly purchased online if you change your mind about being in a competition after entering a competition.
11.2. If you wish to change your choice of competition after entering, then the already paid funds can be transferred to another competition of your choice on a pro rata basis, only if you answered the original question correctly.
11.3. In the case of suspected fraud, refunds will be given upon the decision of the issuers bank, only if and when fraud is proven.
12. Intellectual Property Rights
12.1. Ownership in, and all rights created in relation to the contents of this Website vest in us absolutely unless otherwise indicated. The collection, arrangement and assembly of all content on the Website is the exclusive property of Ecar Giveaways Limited and is protected by copyright. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website.
12.2. All content on the Website including the description of any Lots are protected by copyright.
12.3. You are not permitted or licensed to reproduce, copy or use in any way the trade marks, logos and other intellectual property rights that we own except as expressly set out in these Terms and Conditions.
13. Linked Sites
13.1. There may be a number of links on our Website to third party websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the services or goods that they may provide to you.
14. Complaints
14.1. We take complaints very seriously and aim to respond to any complaints about our service or Website within 5 working days. All complaints should be addressed to info@ecomoto.co.uk with “Complaint” as the subject of the email. Or alternatively please fill in the contact form on the website detailing the nature of your complaint.
15. LIMITATION OF LIABILITY AND INDEMNITY
15.1. IN THE ABSENCE OF ANY NEGLIGENCE OR OTHER BREACH OF DUTY ON OUR PART YOUR PARTICIPATION IN A PRIZE DRAW IS ENTIRELY AT YOUR OWN RISK.
15.2. NOTHING IN THESE TERMS AND CONDITIONS LIMITS OR RESTRICTS YOUR STATUTORY RIGHTS IN ANY WAY.
15.3. IF WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE TO YOU SUCH LIABILITY IS LIMITED TO THE AMOUNT YOU HAVE PAID TO US. WE EXCLUDE LIABILITY FOR LOSSES THAT WERE NOT FORESEEABLE TO BOTH PARTIES WHEN THE CONTRACT WAS FORMED AND LOSSES THAT WERE NOT CAUSED BY ANY BREACH ON OUR PART. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY OR DEATH ARISING AS A DIRECT RESULT OF OUR NEGLIGENCE.
15.4. WE DO NOT GUARANTEE OR REPRESENT THAT A PRIZE DRAW WILL TAKE PLACE ON A GIVEN DATE.
15.5. GREAT CARE HAS BEEN TAKEN TO ENSURE THAT THE INFORMATION AVAILABLE ON THIS WEBSITE IS CORRECT AND ERROR FREE. WE APOLOGISE FOR ANY ERRORS OR OMISSIONS THAT MAY HAVE OCCURRED. WE CANNOT WARRANT THAT USE OF THE WEBSITE WILL BE ERROR FREE OR FIT FOR PURPOSE, TIMELY, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE WEBSITE AND WE DO NOT MAKE ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED, RELATING TO FITNESS FOR PURPOSE, OR ACCURACY.
15.6. WE DO NOT ACCEPT ANY LIABILITY FOR ANY DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, VIRUSES OR OTHER CONTAMINATION OR DESTRUCTIVE PROPERTIES TRANSMITTED TO YOU OR YOUR COMPUTER SYSTEM VIA OUR WEBSITE.
15.7. WE SHALL NOT BE HELD LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING THE SERVICES WHERE SUCH FAILURE ARISES AS A RESULT OF ANY ACT OR OMISSION WHICH IS OUTSIDE OUR REASONABLE CONTROL SUCH AS AN ACT OF GOD OR THOSE OF THIRD PARTIES.
15.8. WE DO NOT ACCEPT LIABILITY FOR ANY LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF DAMAGE TO PROPERTY AND/OR LOSS FROM CLAIMS OF THIRD PARTIES ARISING OUT OF OUR SERVICES OR PARTICIPATION IN A PRIZE DRAW.
15.9. WE HAVE TAKEN ALL REASONABLE STEPS TO PREVENT INTERNET FRAUD AND ENSURE ANY DATA COLLECTED FROM YOU IS STORED AS SECURELY AND SAFELY AS POSSIBLE. HOWEVER, WE CANNOT BE HELD LIABLE IN THE EXTREMELY UNLIKELY EVENT OF A BREACH IN OUR COMPUTER SERVERS OR THOSE OF THIRD PARTIES.
16. General
16.1. We may subcontract any part or parts of the services that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions by giving you written notice.
16.2. We may alter or vary the Terms and Conditions by providing you with written notice of such variations. Any error or omission in any information, or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
16.3. We reserve the right to terminate or suspend your use of our Website if we reasonably believe that you are acting in breach of these Terms and Conditions.
16.4. The Terms and Conditions and payment instructions form the basis of our Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
16.5. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
16.6. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
16.7. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
16.8. It is not intended that the undertakings and obligations of the parties set out in this document shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.
Last updated June 2021.