Adrenaline, wild and wet
Rogavi terms and conditions
Thank you for your interest in our website and services. We want your experience of our services to be a positive one and we have provided these terms and conditions (“Terms”) to set out the important information and rules relating to your use of our website and services. Please ensure you read these Terms carefully because they are legally binding and enforceable. By using the Website and/or Services you agree to be legally bound by these Terms. If you do not wish to be bound by these Terms then you must not use the Website or Services.
1. Definitions
In these Terms, certain words have defined meanings as follows:
“AUP” means Rogavi’s acceptable use policy which can be found on our Website at the following address, rogavi.com/acceptable-use-policy.php;
“Charity” means a registered charitable institution which has agreed with Rogavi to participate on the Website and to which you may Donate money or Prizes through the Website or which may be a beneficiary of the proceeds of ticket sales to Competitions;
“Competition” means any competition run by Rogavi on the Website and “Competitor” means any entrant to such Competitions;
“Confidential Information” means all information (including all visual information and information recorded electronically or in any other medium) disclosed to or obtained by you from us or from a third party acting on our behalf which relates to Rogavi, the Services, the Website, any defects or problems with the Services or the Website, Security Data (as defined in Section 10), , or other information relating to Rogavi’s operations and business affairs;
“Donation” means a donation by you to a Charity of money or a Prize through the Website and “Donate” and “Donor” shall be interpreted accordingly;
“End User”, “you”, “your” means you as the applicant for or end user of the Services;
“Intellectual Property Rights” means patents, trademarks, service marks, design rights (whether registrable or otherwise), applications for any of the foregoing, copyright, database rights, trade or business names and other similar rights or obligations whether registrable or not in any country (including but not limited to the United Kingdom);
“Privacy Policy” means the policy which governs our collection and use of your personal data which can be found on the Website at the following address: rogavi.com/privacy-policy.php and is also available on written request at our registered address;
“Prize” means goods and/or services which you offer to donate to be used in a Competition;
“Rogavi”, “we”, “us” means Rogavi Network Limited registered at 24/25 Nutford Place, London, W1H 5YN, United Kingdom with Company Number 04066924;
“Services” means any and all services and facilities (including Competitions and the facility to make direct Donations) which we may make available for your use through the Website;
“Third Party Content” means any material, information, data or other content which is owned or licensed by a third party (including but not limited to Charities);
“Test Period” means the duration of the beta test as determined by us in our absolute discretion;
“Website” means the website owned by Rogavi and located at URL (rogavi.com).
2. Registration
2.1 You do not need to register to view the Website, however, in order to use the Services during the Test Period you must register with us by completing the online registration form on the Website.
2.2 You acknowledge and agree that your application to register is subject to certain minimum requirements which are set out on the Website. The registration of all applications is subject to verification by us and we reserve the right to reject an application in our absolute discretion without giving reasons.
3. Services
3.1 If you have any questions or concerns about the Website and/or Services then you should direct them to us via email at support@rogavi.com or by post to our registered office.
3.2 We reserve the right to make changes or corrections, alter, suspend or discontinue all or any part of the Services or the Website or any related content or your access to the same ata any time during the Test Period. Any modifications or additions to the Services or the Website shall be subject to theses Terms.
3.3 The Services may include Third Party Content which may be subject to separate licenses from the relevant third party. You understand that we do not control or endorse Third Party Content. All such Third Party Content is published by us in good faith but to the extent permitted by applicable law we do not accept responsibility for the accuracy or otherwise of such Content. We make no representations whatsoever about any other website which you may access through the Website or which may link to the Website and when you access such third party websites you understand and agree that they are independent from Rogavi and that we have no control over them.
4. Competitions
4.1 We may host and run Competitions from time to time for one or more Charities.
4.2 All Competitions hosted on the Website shall be subject to separate terms and conditions relating to the Competitions which you must accept as a pre-condition of your Competition entry.
4.3 The date and terms of the Competitions shall be determined by Rogavi.
4.4 In respect of any Competition, Rogavi may set a fundraising target and minimum number of tickets which thresholds must be reached by the closing date set for the Competition. If the thresholds are not reached by such date then the Competition shall not be held and we will notify all End Users who have purchased tickets for such Competition and shall refund to such End Users the amounts paid in respect of the tickets purchased.
4.5 Provided you have registered and subject to your compliance with these Terms (including relevant Competition terms), you may purchase one or more tickets to be entered into the Competitions to be held on the Website.
4.6 We may in our absolute discretion accept or reject any entry to a Competition. Where we do not for any reason accept a Competition entry, we shall refund the purchase price of the ticket(s) relating to the entry.
4.7 Where a Competition has been held, we shall notify the winning Competitors and confirm their address details. We may at the request from such Competitors display a photograph of them on the Website. Where the Competition is for the sole benefit of a Charity, we shall inform the Charity of the names and addresses of winning Competitors and the Charity shall contact such Competitors to arrange delivery of the Prize. For all other Competitions, we shall contact winning such Competitors to arrange delivery of the Prize.
5. Donations
5.1 You may donate money to a Charity through the Website by clicking the button “Donate direct”. Where you agree, Rogavi will collect information needed for the Charity to claim Gift Aid in respect of your donation.
5.2 You may offer to Donate one or more Prizes to be used in Competitions, either for the exclusive benefit of one Charity or for the benefit of several Charities, by providing information to us relating to such Prizes.
5.3 You agree that any Prize you offer to Donate through the Website:
(a) is in good condition (apart from normal wear and tear), is not damaged or broken and (where applicable) is in working order;
(b) is owned by you with good title free from any lien, encumbrance, charge, mortgage or any third party right;
(c) complies in all respects with the AUP;
(d) has an intrinsic value in excess of £100; and
(e) is not dangerous or defective.
5.4 Where you offer a Prize for the benefit of several Charities or for a particular charitable cause, we shall decide in our absolute discretion whether to accept your offer. If we accept your offer then we shall contact you directly and arrange for the collection of the Prize.
5.5 Where you offer a Prize for the exclusive benefit of a Charity, we shall forward your description of the Prize to the Charity which shall decide in its absolute discretion whether to accept your offer and shall notify you of its decision. If the Charity does accept your offer, the Charity shall contact you directly and arrange for the collection of the Prize.
5.6 Where you offer a Prize for a Competition which is subsequently not held for any reason, Rogavi or Charity shall be entitled to offer the Prize for sale to the public and shall distribute such proceeds to the Charity or Charities participating in the Competition.
6. Your use of the Services
6.1 You agree that you shall only use the Website and the Services in accordance with this Agreement (as defined in Section 14.4).
6.2 You shall ensure that all of the information you provide to us (including in the course of registration and in respect of Prizes) is accurate, complete and not misleading and you agree to notify us immediately in the event that such information becomes inaccurate for any reason.
6.3 You agree to notify us by email to support@rogavi.com in the event that you come across errors, bugs or shortcomings in the Website or the Services during your use of them, including any observations or comments you may have.
7. Disclaimers
7.1 You acknowledge and agree that the Website and Services are still under development and are provided for beta test purposes only. Accordlingly, we make the Website and Services available to you ‘as seen’ and ‘as available’.
7.2 Subject to Sections 8.1 and 8.2, we make no representations or warranties, either express or implied, of any kind in respect of the Website or Services, including their operation, content, information, or materials. By way of example, we do not warrant that the Website or the Services are accurate, complete, current or that they will operate continuously without interruption or are timely, secure or error free. Any reliance by you on the Website and the Services during the Test Period shall be at your own risk. Subject to Sections 8.1 and 8.2, we disclaim all warranties, express or implied, of any kind with respect to the Website and the Services and your use of them (including but not limited to satisfactory quality, fitness for purpose, non-infringement and/or availability) to the maximum extent permitted by law.
8. Limitation of Liability
8.1 Nothing in these Terms shall operate to limit our liability for:
(a) fraud; or
(b) death or personal injury caused by our negligence or the negligence of our officers or employees; or
(c) anything for which liability cannot be limited by applicable law.
8.2 We shall operate the Competitions with reasonable skill and care.
8.3 Subject to Section 8.1 and 8.2, we exclude all liability for all loss or damage of any kind arising from your use of the Services to the maximum extent permitted by applicable law. You agree that this liability is comprehensive and applies to all damages of any kind (including without limitation direct loss, indirect or consequential loss, loss of data and loss of profit) to the maximum extent permitted by applicable law.
8.4 Subject to Section 8.1, if we are liable to you for any reason, our liability shall be limited to the monetary amounts which we actually received from you in the 12 month period immediately prior to the event giving rise to our liability.
9. Confidentiality
9.1 You shall keep in confidence all Confidential Information which we may make available to you and you further agree that you will not disclose any Confidential Information to any person without our prior written consent.
9.2 You shall use the Confidential Information only for the purpose of using the Services.
9.3 You shall not make copies of or reduce to writing the Confidential Information except to the extent necessary for you to use the Services and any copies or reductions to writing shall be our property.
9.4 Sections 9.1 to 9.3 shall not apply to information which is in the public domain other than through a breach of these Terms, information which you can show was lawfully in your possession before its disclosure, information which you obtained from a third party who is free at law to disclose it, or information which you are required to disclose pursuant to an order made by a court or regulatory body of competent jurisdiction.
9.5 The obligations of this Section 9 shall survive the termination of these Terms without limit of time.
9.6 You agree to return to us or destroy all Confidential Information which is in written form in your possession following termination of this Agreement.
10. Intellectual Property Rights
10.1 All Intellectual Property Rights in and to the Website and Services including the design, text, graphics and other content, interfaces and the selection and arrangement of the content, software and all other material comprising the Website and Services belongs to us or our licensors. All rights are reserved.
10.2 We grant you a non-exclusive, royalty-free personal licence (with no right to sub-licence) to access and use the Website and Services for your personal, private and non-commercial use for the duration of the Test Period.
10.3 Except to the extent and in the circumstances expressly required to be permitted by us by law, you shall not modify, adapt, translate, copy, reproduce, republish, upload, post, transmit or distribute by any means or in any manner any material or information comprising the Website or the Services including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly permitted to do so.
11. Security
11.1 You are solely responsible for protecting the confidentiality of any user name, email verification, password and/or PIN (collectively “Security Data”) which may be given to you in order for you to use the Website and/or Services.
11.2 You must not share Security Data with or transfer Security Data to any third party without our express consent.
11.3 You must immediately notify us if you know or suspect any unauthorised use of your Security Data or other breach of security relating to the Services.
11.4 You understand and agree that we cannot and do not warrant that the Website or Services will be free from viruses. You are responsible for performing virus checks using up to date anti-virus software.
12. Data Protection
12.1 You acknowledge that in order for us to provide the Services to you, we must collect certain personal data from you and process that data. Our collection and use of your personal data is governed by our Privacy Policy. PLEASE READ THE PRIVACY POLICY AS IT CONTAINS IMPORTANT DETAILS ABOUT HOW WE COLLECT AND USE YOUR PERSONAL DATA. You expressly consent to our use of your personal data for the purposes set out in the Privacy Policy.
13. Termination
13.1 We may terminate or suspend your access to the Website and/or Services at any time in our absolute discretion. Provided you are not in breach of this Agreement, in the event of such termination we shall refund you in respect of any tickets you have purchased for Competitions which have not been held prior to the date of termination.
13.2 If you breach these Terms or if you commence or have commenced against you any proceedings for bankruptcy or are otherwise unable to pay your debts then your permission to use the Services terminates immediately without the necessity of any notice being given to you.
13.3 Your access to the Website and Services shall automatically end at the end of the Test Period.
13.4 All disclaimers, indemnities and exclusions in these Terms shall survive termination of the agreement between us for any reason.
13.5 Sections 6 to 10 inclusive, 11.4 and 14 shall survive the termination of these Terms for any reason.
14. General
14.1 If any provision of this agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of this agreement shall not be affected.
14.2 If we fail to enforce a right under this agreement, that failure will not prevent us from enforcing other rights or the same type of right on a later occasion.
14.3 Without limiting Sections 7 (Disclaimers) and 8 (Liability), we do not take responsibility for any event which is outside our reasonable control, including but not limited to the failure, malfunction or unavailability of telecommunications data communications and/or computer services, power supply failures or shortages, acts or omissions of third parties including but not limited to network operators), acts of government or regulators nor for any consequential loss arising from such an event.
14.4 These Terms, together with the AUP, the Privacy Policy, relevant Competition terms, order form and payment method instructions (collectively the “Agreement”) constitute the whole agreement between you and us in relation to the subject matter and supersedes any and all prior agreements between you and us. You acknowledge that you have not entered into this Agreement in reliance on any statement, warranty or representation made by Rogavi or any other person and you irrevocably and unconditionally waive any right to claim damages and/or to rescind these Terms by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in this Agreement. We may in our absolute discretion modify this Agreement from time to time and post the new version on the Website, following which all use of the Website and the Services shall be governed by the amended Agreement.
14.5 You are not permitted to assign this Agreement. We may assign, transfer or subcontract any of our rights or obligations under this Agreement without notice to you.
14.6 No term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
14.7 All notices shall be given:
(a) to us via email at info@rogavi.com or by post to our registered address as set out above; or
(b) to you at either the email or postal address you provide during the registration process.
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or public holiday in the place of receipt) or 3 days after the date of posting.
14.8 This Agreement is governed by and construed in accordance with English law. The parties submit to the non-exclusive jurisdiction of the English courts.
14.9 This Agreement replaces all other terms and conditions previously applicable to the use of the Website and the Services.
We accept 
