Virgin Red Terms & Conditions

These Terms and Conditions comprise two policies, the General Terms of Use and the Privacy Policy. 

The Virgin Red app (the “app”) and website (the “site”) (together, the “service”) represent an inclusive members’ club that gives its members access to opportunities and experiences that help them to do and try ‘things’ from across the Virgin group, and some selected third parties (such as products, services, experiences and other opportunities). All of the opportunities are driven by the idea of living a life more Virgin.

1. General Terms of use

We, Virgin Red Limited, registered in England and Wales with company number: 09244958 whose registered office is at The Battleship Building, 179 Harrow Road, London, W2 6NB ("Virgin Red", "we" or "us"), would ask that you take the time to read these Terms of Use carefully. They explain a number of things including, for example, the rules covering your use of the app and site, as well as other information regarding your rights.

These Terms of Use may change from time to time and, if they do, the up-to-date version will always be available on the app and site. These Terms of Use were last updated on 27 June 2017.

Please be aware that by registering to use the app or using the site you'll be:

  •  confirming that you have read, understood and agree to these Terms of Use;
  •  agreeing that we may contact you with newsletters, marketing or promotional materials and other information that may be of interest to you, including marketing and promotional content and offers through email, app push notifications and/or newsletters. You may opt out of receiving marketing email communications by following the unsubscribe link in the emails and push notifications via your phone settings; and
  •  agreeing that we can use your information made available on the service (including your personal information) for the purposes set out under the question “How do you use the information?“ in the Privacy Policy.

The service and any of the Red Content is only available to people resident in the UK. 

Protecting the online privacy of children is especially important to us. By accessing the service, or providing us with any of your personal information, you'll be representing and warranting that you are 18 or older and that you agree to these Terms of Use. Some Red Content or Third Party Content may have an age limit of 18, which we will show on the relevant Content. If you are under 18 years old, please do not provide us with your name, contact details or any other information about yourself. If we reasonably believe a user to be under 18 we may need to remove their details provided by them from our service and our records.

Please ensure that you check these Terms of Use regularly to view any changes which may have been made, because by continuing to use the app and site after these Terms of Use have changed, you will be confirming that you have read and understood, and agreed to be bound by, any revised Terms of Use.

2. Stuff from You

User Content

The app and site may contain an opportunity for users to post comments, photos, videos and other forms of media on the service ("User Content"). If you choose to post information to the interactive parts of our service, you do so at your own risk. So, we advise you to think carefully before choosing to share any information on the interactive parts of our service. For more information, please see our Privacy Policy. 

You bear sole responsibility for the User Content which you post on the service and you must not post anything unless you have permission and authority to do so. Please do not post User Content unless you have all appropriate consents and permissions to do so. For example (1) if the photo is taken by someone else (e.g. a photographer), they should have given their permission for it to be uploaded to the service or (2) if a picture you want to post includes an individual, please make sure the individual has consented to you posting it on the service. In each case you should ensure that the third party understands that the public will see it and may use that content. By posting User Content, we have to assume that you are warranting that you have the permission and authority to do so and that, if at any point you no longer have that permission and authority, you will remove the User Content or, if you are unable to, ask us to remove it. You also agree to pay our reasonable losses if we suffer any loss as a result of User Content posted by you on the service.

In posting User Content to the service, you grant to us an irrevocable, perpetual, royalty-free, non-exclusive, worldwide, transferable licence to publish, display, copy, modify, create derivative works from and distribute the User Content on the service. You're also granting us the licence to use the User Content in any way for the purpose of publicising the service and to grant sub-licences on the same basis. This licence will terminate when the relevant User Content is removed from the service.

We may keep an eye on User Content from time to time but please note that we don't have any obligation to police it. We may remove any User Content or block access to any Users at any time without notice. For example, we may do this where we reasonably believe that someone has broken the law, e.g. infringed a third party's intellectual property rights or breached a duty of confidentiality. We can bear no liability in respect of any loss or damage suffered as a result of any of these actions. 

The following section — The Code of Conduct — gives you our common sense guidelines for how to contribute to the service in order to avoid causing harm or offence to yourself and others and to avoid having your User Content removed. 

If you have any concerns about content appearing on this service, please contact us.

The Code of Conduct

We are excited about users being able to communicate with each other and share content and ideas. However, we want all our users to be able to feel safe and at ease whilst using our service. The best way of addressing this balance is to have a user code of conduct.

By using our service you'll be agreeing to the Code of Conduct in this section.

If we believe that a user's behaviour is likely to cause offence or harm to other users or to us, or is otherwise unacceptable, we may issue that user with a warning. In addition, we may need to remove any content which they have shared or posted on the service. We will try to give that user warnings through the flag and probation system outlined above but we're not obliged to give the user that notice.

To protect our users and the reputation of the service, we may keep an eye on the interaction between users from time to time but please note that we have no obligation to police it.

We cannot take responsibility or liability for the conduct of any person who uses our service. In addition, we are not responsible or liable for any loss or damage suffered as a result of the use of our service.

We ask that in using the service you show respect for other users and the property of others. 

You agree:

  • to behave in a respectful way to all other users.
  • not to post or otherwise make available content which is, in our view, likely to impair others' enjoyment of the service.
  • not to breach the law or encourage a breach of the law.
  • not to post or otherwise make available content which is, in our view, abusive, offensive, defamatory, obscene, pornographic or of a sexual nature, illegal, threatening, intimidating, in breach of privacy, confidentiality or third party rights or otherwise unacceptable.
  • not to post or otherwise make available content which, in our view, portrays unacceptable violence.
  • not to behave in a way which is threatening, intimidating, harassing or bullying, offensive, abusive, defamatory, discriminatory or demeaning or to stalk or violate the rights of others including individuals' privacy rights.
  • not to do, cause or permit anything to be done that may infringe, damage or interfere with any copyright, moral rights, performing rights, design rights, trade mark rights or other proprietary or intellectual property rights of Virgin Red, any other Virgin company, their respective licensors or any third party.
  • to only upload content which is an original work created by you.
  • not to share any information which is confidential to any other person.
  • not do anything which will or might damage, interfere with, disrupt access to, overburden, interrupt or impair the functionality of the service, the materials available on the service or any software or hardware.
  • not to obtain or attempt to obtain unauthorised access to the service, any part of it or any private or member account areas.
  • not to obtain or seek to obtain personal information, confidential information or passwords from any other person.
  • not to circumvent or attempt to circumvent any filters we may use on the service.
  • not to do anything which may cause any liability for Virgin Red or any other Virgin company.
  • not to distort or misrepresent any individual or thing.
  • not to register as or on behalf of anyone else, impersonate anyone else, seek to take on a false identity or misrepresent yourself, your identity or your age.
  • not post or otherwise make available content containing financial information (such as account, credit or debit card details) or information which identifies an individual personally or is capable of identifying an individual personally (such as names, phone numbers, email addresses or postal addresses).
  • to respect information you obtain on our service and use it only in accordance with this User Code of Conduct and our Terms of Use.
  • not to advertise, promote or endorse any goods or services.
  • not use our service to send any chain letters, junk mail, 'spamming' material or any other form of bulk communication.

Selling cool stuff

We’re super excited about expanding our service to give you the chance to purchase cool stuff, just for our valued Red members! 
There’s some extra legal bits we want you to be aware of and you should read this carefully before you place an order with us. We’ll do our very best to ensure that you get the service you’re expecting, but if things don’t go to plan then we want you to know what you can do! 

Our contract with you

Our acceptance of your order will take place when you see confirmation of your order in the Red app, at which point a contract will come into existence between you and us. Following this we will also send the confirmation via email for your records. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be for many reasons, for example the product being out of stock or us not being able to meet the delivery deadline.

As stated above, our service and Red Content is only available in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.

If we make changes to these terms or the product, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received. 

Getting the products to you

If what you’re buying is a physical product, the costs of delivery will be as displayed to you on our website or the app (as applicable during your purchase) and we will deliver the goods to you as soon as reasonably possible (and in any event within 30 days after the day on which we accept your order). However, in some cases where you have bought tickets in advance of an event, we will deliver the tickets to you three days prior to the event, if not earlier. The product will be your responsibility from the time the product is delivered to the address you gave us and you’ll own it once we have received payment in full. Your product will either be delivered by or on behalf of us, our Virgin company partners or our trusted third parties, depending on the product purchased. If what you’re buying is a voucher code or barcode (e.g. for cinema tickets) then your order confirmation email will contain the relevant codes for you to take to the relevant third party for redemption. By ordering a voucher code or barcode you are requesting immediate delivery and you are waiving your right to change your mind and cancel your purchase of the voucher code/barcode within the usual 14 day cooling off period. Full details will be contained in the fulfilment information within the confirmation email. Neither us nor any Virgin company will be liable to you or any third party for any loss once your offer code has been successfully redeemed. 

The images of the products on our app and website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. 

Can I cancel the purchase?

Other than in relation to your purchase of voucher codes and barcodes, you can cancel your purchase with us for the reasons set out below. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to;

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c) there is a risk that supply of the products may be significantly delayed; or 

(d) you have a legal right to end the contract because of something we have done wrong, including because we have delivered late.

You also have a legal right to change your mind within 14 days and receive a refund for the goods, including delivery. The 14 day period runs from the day after you receive the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the goods.

If you are exercising your right to change your mind you must send the goods back to us (see returns address below) within 14 days of telling us you wish to cancel your purchase. 

Your right to change your mind does not apply in respect of:

(a) the supply of accommodation, vehicle rental services, catering or services related to leisure activities, where the contract provides for a specific date or period of performance e.g. event tickets; 

(b) digital products after you have started to download or stream these; or

(c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them. 

How do I cancel my purchase?

To cancel your purchase (as permitted above), please let us know by doing one of the following: 

(a) emailing us at virginredsupport@virgin.com. Please provide your name, order ID and email address; or

(b) print off the form http://blog.virginred.com/cancellation/ and post it to our address on the form. 

We will refund you the price you paid for the products including delivery as soon as possible. If you are exercising your right to change your mind your refund will be made within 14 days from the day on which we receive the product back from you, or (if earlier) the day on which you provide us with evidence that you have sent the product back to us. We will refund you by the method you used to make the payment. If you have exercised your right to change your mind we may make the following deductions: 

Reductions: we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
Delivery costs: the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

When we can cancel your purchase

We may cancel your purchase and end the contract if you break the contract, for example if you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or you do not, within a reasonable time, allow us to deliver the product(s) to you. 

If we end the contract in these situations we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. 

Oops! There’s a problem with my product!

If you have any questions or complaints about a product, please contact us via email at virginredsupport@virgin.com. 

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. 

If your product is goods, for example water bottles, the law says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

  • up to 30 days: if your goods are faulty, then you can get an immediate refund.
  • up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
  • up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If you wish to exercise your legal rights to reject products you must post them back to us at: 

Operations Team
Virgin Red Limited
The Battleship Building
179 Harrow Road
London W2 6NB 
UK

If your product is digital content, for example a digital voucher, alphanumeric code or a digital file, the law says digital content must be as described, fit for purpose and of satisfactory quality: 
 

  • if your digital content is faulty, you're entitled to a repair or a replacement;
  • if the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back; and
  • if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.


We will only pay the costs of postage if you are returning faulty or misdescribed product. We can provide a return label on request. We will refund you the price you paid for the products as soon as possible including delivery costs, by the method you used for payment. Your refund will be made within 14 days from the day on which we receive the product back from you, or (if earlier) the day on which you provide us with evidence that you have sent the product back to us.

Payment

The price of the product (which includes VAT) will be the price indicated on the app. We use our best efforts to ensure that the price of the product advised to you is correct. However, it is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order to avoid any errors. 

We accept payment with most major credit and debit cards. Payment must be made before we dispatch the goods but we will not charge your credit or debit card until we dispatch the products to you.

Our responsibility when things go wrong

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update of the Virgin Red app offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products. However, we only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
 

3. Our stuff

Specific rules, scoring rules, points, controls and guidelines for each offer, value-add, event, competition prize or any other content made available on the service (“Red Content”) can be found within the service. Such rules, scoring rules, points, controls and guidelines form part of these Terms of Use and you agree that you shall comply with them in respect of each individual part of the service you choose to access, interact with and/or play.

We have detailed below general terms and conditions which apply to particular types of Red Content.

Offer Codes and Discounts

Unless otherwise stated in relation to specific Red Content, the Red Content is provided to you solely for your use on the service and should not be posted elsewhere. Sharing Red Content outside of the service is strictly prohibited and may lead to the closure of an account.

In some instances you may redeem credits for goods and services. In such cases, these Terms of Use will apply.

If you have a dispute with one or more vendors or other third parties in relation to Red Content, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

We may feature special offers on the service. Some of these special offers will be limited in terms of inventory and/or time. When offers have limited inventory, we may require that you register for the offer and may require you to apply for the special offer. The terms of the allocation system may require that you purchase the good or service within a certain period of time. You may only redeem a special offer once (unless we specifically state otherwise), regardless of the number of times you attempt to apply for it. The terms of the application may also impose a charge in the event you do not complete the transaction. There may be other conditions associated with special offers and application. Some special offers commence and end at certain times. Our timekeeping, not any external timekeeper, will determine when offers start and stop. You agree to accept the results of the special offer allocation and our administration and outcome of the allocation system for special offers. We reserve the right not to award a special offer to you if: (a) you did not take all steps necessary to qualify to receive the special offer; (b) you attempted (in our sole discretion) to apply by methods that contravene our allocation system and special offer rules; (c) you otherwise violated special offer rules. Not all offers and discounts may be available or visible at all times to all members in the service. This could be due to restrictions related to the Red Content, the Red Content providers requirements or other circumstances.

In the event that the special offer allocation system malfunctions or there are other problems with a special offer involving, by way of example but not by way of limitation, an error in the number of available offers whether caused by a technical (hardware or software) error or by human error, we reserve the right to cancel the special offer, not recognise any applications, and/or reverse any transaction or benefits that may have been awarded.

Due to excessive demand for some special offers, there can be technical systems failures. We are not liable for any losses due to such technical failures. We are not liable for device, computer, internet service providers, and internet failures that you may experience in general, and specifically as such failures relate to your attempts to reserve a special offer.

The pricing of services and products featured in special offers may be extremely favourable. You agree that should you purchase such services or products, you will not do so for personal economic gain or to re-sell such services or products.

Whilst we endeavour to ensure all discounts and offers work as expected, from time to time codes, discounts and links may not work. We make no guarantee that the offer will work and if the offer does not work as expected users are recommended not to purchase, as we will not be liable to honour any previously advertised discount.
 

Points

You may earn points during the course of a month through certain activities on the service, which unlock certain Red Content. Points accumulated during a month are reset to zero at the start of the following month unless we state otherwise. Points cannot be redeemed or exchanged for a cash alternative.

Gaming

We may feature on the service from time to time opportunities for you to engage in betting, sweepstakes, lotteries, casino-style games or other forms of gambling (sometimes referred to as gaming). We don’t provide such opportunities directly, so if you decide to engage in the opportunity you will be transferred to the relevant site operated by one of our commercial partners and will need to set up an account with them (where possible, we will facilitate this by sharing your account information with the partner if you choose to set up the account with the partner). We will make it clear when you are leaving our service and entering the partner’s site. Neither us nor any Virgin company will be liable to you or any third party for any loss or damage resulting from activity carried out via or on a third party website.

Invite a friend

We may encourage you to invite friends to register on the service. By inviting a friend you acknowledge that: 

  • You may invite as many contacts as you like but we will limit the number of Red points you may earn in a month through inviting friends, which we stipulate on the service (like 10 sets of points per month).
  • You will only receive points for contacts who you invite if (a) they are not currently registered on Red and (b) having registered, your contact follows the necessary steps which we stipulate on the service (like inputting your unique code and reaching Vault 1).
  • You will adhere to our Code of Conduct when inviting friends and will not, for example, “spam” your so-called friends!

General

We reserve the right to add, remove or change any of the application and its content at any time without prior notice. 

The Virgin Red service is run by Virgin Red Ltd. Apple Inc. and Google Inc. are in no way associated with it, or any promotions run on it, unless otherwise explicitly stated in the promotion.

4. Stuff from Third Parties

Third Party Content

The service will contain some content which does not come from us, whether such content is posted by users or otherwise comes from anyone other than us (together, "Third Party Content"). This Third Party Content is not approved by us. We have to state that any views expressed in such Third Party Content may not represent our views and that we shall not be responsible or liable for any Third Party Content or for the consequences of the use of it.

The service may include Third Party Content that is personal opinion, political or otherwise controversial in its nature. These views do not necessarily reflect our views and we cannot accept any responsibility for those views.

We may keep an eye on Third Party Content from time to time but please note that we have no obligation to police it. If we have any concerns, we may remove Third Party Content from the service with or without notice.

If you have any concerns about content appearing on the service, please contact us.

Links to Other Services

We provide, amongst other things, links to other Virgin companies' apps or websites. Our service also contains links to other third party apps, websites, resources, advertisements or sponsorships. We don't have any control over these services, we are not responsible for the content, advertising, products or services available from them, or for any dealings or disputes that you may have in relation to those services. We are not liable for any loss or damage which may be suffered as a result of the use of such links and third party services. We would encourage you to review the terms of use and privacy policy (or their equivalents) on any new service you may choose to access because our Terms of Use and Privacy Policy will not apply to your use of such services.

We reserve the right to remove a link to such other services at any time. 
 

Reverse Auctions, Competitions and Prize Draws – general terms

The promoter is: Virgin Red Limited (company no. 9244958) whose registered office is at The Battleship Building, 179 Harrow Road, London, W2 6NB.

In order to participate the user must be (i) resident in the UK; (ii) over 18 years old; (iii) able to form a legally binding contract; and (iv) a registered user of the service. Proof of identity and age may be required and we reserve the right to refuse a user’s participation. We reserve the right to terminate or suspend an auction at any time and for any reason where such suspension or termination is unavoidable and if this happens we shall refund entrants all entry fees for the affected auction.

All entries must be made directly by the person entering the reverse auction, competition or prize draw. Entries made using methods generated by a script, macro or the use of automated devices will be void. 

After the date stated in the reverse auction, competition or prize draw, no further entries will be permitted. Only one entry is permitted per person, unless otherwise stated in the promotion information. 

No responsibility can be accepted for entries not received for whatever reason. We cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control.

The promotions are also open to employees of the Virgin group; with the exception of any employees (and their families), their agents or related third parties who are directly connected with the administration of these promotions, competitions and prize draws. 

The winner will be notified by email to their registered email address and app push notifications within 28 days of the closing date. If the winner cannot be contacted, does not claim the prize or does not pay their bid for the prize within 14 days of us first trying to contact the winner, we reserve the right to withdraw the prize from the winner and, in our sole discretion, the right to either withdraw the prize or to offer it to another entrant. In such circumstances the relevant original winner will have no right to insist on receiving the prize. 

Winners should allow at least 28 days for delivery of the prize from when they confirm acceptance of the prize and provide the correct and required contact and delivery details. We accept no responsibility for the prize being lost, damaged or delayed in the post or for the delay of third parties. In some cases, the winner’s name and contact email address may need to be given to the partner providing the prize to complete fulfilment of the prize. Where the prize is an experience or an event, the full details of the prize will be detailed in the promotion information. 

All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner. 

The winner agrees to the use of his/her name, county and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with our Privacy Policy and current UK data protection legislation and will only be disclosed to other third parties in relation to fulfilment of the prize. 

The winner’s name will be available 28 days after closing date by sending a stamped addressed envelope to the following address: Virgin Red Competition Winners, The Battleship Building, 179 Harrow Road, London, W2 6NB. 

No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice. If more than one prize is awarded only one prize per entrant will be awarded. 

We reserve the right to cancel or amend the reverse auction, competition or prize draw and these terms and conditions where it is unavoidable. Any changes to the reverse auction, competition or prize draw will be notified to entrants as soon as possible. 

Our decision in respect of all matters to do with the reverse auction, competition or prize draw will be final and no correspondence will be entered into. By entering this reverse auction, competition or prize draw, an entrant is indicating his/her agreement to be bound by these terms and conditions. We are not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition/prize draw. 

Further information can be found for each individual reverse auction, competition or prize draw in the service.

Reverse Auctions – specific terms

Users may be required to pay an entry fee to place their unique bid. 

The lowest unique bid expressed as an integer submitted will win the reverse auction. In the event of there being no unmatched bids, we reserve the right to award the prize to the earliest received of the lowest number of matched bids. The minimum bid, the time left before the reverse auction closes, a description of the prize, the value of the prize, relevant details informing users when submitting their bids and the entry conditions will be shown on service. Any other terms and conditions, such as limits on the number of entrants, will be detailed if applicable. 

If the Reverse Auction winner cannot be contacted, does not claim the prize or does not pay their bid for the prize within 14 days of us first trying to contract the winner, we reserve the right to withdraw the prize from the winner and, in our sole discretion, the right to either withdraw the prize or to offer it to an another entrant. In such circumstances the relevant original winner will have no right to insist on receiving the prize. 
 

Competitions/Prize Draws – specific terms

There is no entry fee and no purchase necessary to enter competitions or prize draws unless otherwise stated. 

Route to entry, entry and closing times/dates, details of how to enter, eligibility criteria for the competition/prize draw are supplied on the service. 

For competitions, winners will be chosen by the promoter based on criteria from the competition as specified in the terms supplied on the service (e.g. first [20] individuals to respond within a set time). For prize draws, winners will be chosen by the promoter at random from all correct entries in the presence of an independent person or via a random computer process. The decision will be final and no correspondence or discussion will be entered into. 

You own your entry, including any copyright in your entry. By entering into the competition, you agree that Virgin (including our group companies and partners) may edit, publish and use your entry in any and all media (including print and online) for promotion and news purposes and for both during and after the competition without any payment to you.

5. Other stuff

Termination

We may terminate your registration for any reason at any time. Upon termination, you will not be able to use the service as a registered user. You may terminate your registration by writing to us at our address below, at the end of this policy.

Indemnity

Our legal eagles have said that we need to include this paragraph which basically protects Virgin against people suing us for something bad happening which isn’t our fault:

In using the service you agree to pay our and all other Virgin companies’, their subsidiaries’ and holding companies’, the subsidiaries’ of their holding companies and each of their respective officers’, directors’, shareholders’, employees’, representatives’ and agents’ reasonable losses, liabilities, costs, claims, damages and demands suffered in connection with your conduct in using the service in breach of these terms, any breach of law, or any breach of any third party's rights (save as solely caused by the service).

Proprietary Rights

Our brand and content is what makes us special and unique so we ask your help in protecting all text, graphics, audio, video or image files (including, without limitation, photographs), content, software, applications and information displayed on or available from the service, the organisation and lay-out of the service, the underlying software for the service, the Virgin brand, and all copyright, trade mark rights, design rights and other intellectual property rights in them (together, the "Proprietary Content"). By using the site and/or the app you're agreeing that Proprietary Content owned by us or our licensors is available for your personal use only and that you will not copy, reproduce, publish, distribute or dispose of in any way any Proprietary Content. Neither the Virgin name nor any other Virgin company name, trade mark, logo or design may be used or copied in any manner.

We will not be responsible for any losses resulting from use of any Proprietary Content.

Accessibility

If you have trouble using our app with certain devices or site with certain web browsers or other software or if you want to let us know how we can improve accessibility, please let us know by contacting us. We appreciate your feedback and your suggestions will help us to improve our service to you.

Service information and downtime

The service may be unavailable occasionally for maintenance, updating or otherwise. Where this happens we apologise for any inconvenience caused. However, we shall not be liable for any loss, damages or inconvenience resulting from such unavailability. 

We take great care in seeking to present accurate, transparent and useful information to you as a user. However, there is content on the service which is not generated by us, for example Third Party Content, as described above. Therefore, we should let you know that information on this service might be out of date, incomplete, contain some errors or be in some way unreliable. Just to be sure, please check any information obtained from the service before acting upon it in any way. 

Please note that we may make changes to the service, its functions and services from time to time.

Other Limitation of Liability

It is important to note that using the internet does have its dangers. Our aim is to ensure a fast, reliable and secure service and to protect your personal information. However we cannot take responsibility for: 

  • any breach of security of the service;
  • any damage, loss or corruption of any data, information or material;
  • any viruses or other malicious programs that may infect your computer equipment or other property; and/or
  • any breach of security by hackers in relation to the service

We make no endorsements, recommendations, guarantees or representations in relation to any venue, event, restaurant, business, hotel, museum, product or similar on the service. 

The service is provided “as is” and we make no representations or guarantees of uptime, functionality or availability. We, the other Virgin companies and our partners won't be liable for any special, indirect, incidental, consequential or economic loss (or for any exemplary or punitive damages) in connection with the use of the app, site or any other website. The same applies for the employees, officers, directors, representatives and agents of Virgin Red and/or the other Virgin companies and/or our partners. This section only applies to the extent that it can in accordance with applicable laws.

Law and Jurisdiction

These terms are governed by English law and you can bring legal proceedings in respect of the Red content (including products) in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Red content (including products) in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Red content (including products) in either the Northern Irish or the English courts. We always recommend that you should seek local legal advice, however we would encourage you to speak to us if you have any concerns to see if they can be resolved.

A final word from our lawyers

These Terms of Use and the Privacy Policy constitute the entire agreement between you, the user, and us in relation to your use of the service (which includes details on our approach to privacy and cookies) and supersede all prior agreements and arrangements between us in relation to your use of the service. 

If any provision or part of these Terms of Use is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of all of the other provisions and parts of these Terms of Use will not be impaired. 

No failure or delay by us in exercising or enforcing any right, power or remedy which arises under these Terms of Use shall operate as a waiver of that or any other right, power or remedy. No waiver by us shall be effective unless in writing and signed by our authorised representative. 

If you are unhappy with any aspect of our service, you can write to us at virginredsupport@virgin.com. You can also submit your complaint on the European Commission’s Online Dispute Resolution platform. 
 

6. Finally - If in doubt, talk to us

If you have any queries, comments or complaints regarding the service or these Terms of Use, just get in touch. You can contact us at virginredsupport@virgin.com or write to us at:

Virgin Red Limited
The Battleship Building
179 Harrow Road
London W2 6NB
UK

If you have any queries, comments or complaints regarding the services of any other Virgin companies or the products or services you receive from them, then please contact them directly.