Terms & Conditions
1.1) This document sets out the terms and conditions for use of the simlen.co.uk web site and for any affiliate registration, purchase or subscription.
1.3) The principal is an official main distributor for Cancer Comp competition tickets
1.4) The principal uses it's best endeavours to ensure the correctness, reliability and accuracy of the product descriptions and other content, but we make no representations or warranties as to the content's correctness, accuracy, or reliability.
1.5) Neither the principal nor its directors, employees, licensors, content providers, affiliates or other representatives unless specifically stated in this web site’s terms and conditions of use, or as other otherwise required by law, are liable for any damages of any kind (including, but not limited to; lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising after being on this website. This also covers damages concerning the client's inability to use the website, the performance of the website and the content whether or not we have been advised of the possibility of such damages.
2.1) All the content of this web site, including words, pictures, photographs, moving images and sounds, as well as it's appearance, layout and structure are owned by the principal its licensors and content providers. You may not copy any material contained within the web site without our prior written permission.
2.2) You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the index page of this web site as long as the link does not portray us, our site or our products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use our trade names or logos as part of the link without our express written consent.
3) Licence to use the Site
3.1) We give you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent, except registered affiliates who may make changes to their personal details whilst logged into their personal affiliate area.
3.2) You must not use the website for any of the following:
a) Fraudulent purposes, or in connection with a criminal offence or other unlawful activity.
b) To send, use or re-use any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, commercial solicitation, chain letters or mass mailings (spam)
c) To cause annoyance, inconvenience or needless anxiety
a) We do our best to ensure the web site is accurate and up to date, but we exclude to the greatest extent possible under applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. We will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive and consequential damages, except for liability of loss or damage to persons or property caused by our negligence or fraudulent misrepresentation.
b) Except as specifically stated in these terms or elsewhere on this website, or as otherwise required by applicable law, neither we nor our directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, but not limited to, loss of profits, direct, indirect, compensatory, consequential, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.
5) Affiliate Terms and Conditions
Only registered affiliates can purchase Cancer comp tickets for re-sale.
6) Affiliate Obligations:
a) Will conduct their business in a lawful and ethical manner and do nothing that will reflect adversely on the reputation of the principal, Cancer Comp, or other affiliates and Cancer comp distributors.
b) Will act honestly and with a high degree of integrity. Not use misleading, unfair or deceptive practices or statements.
c) Understand that Cancer Comp does not raise funds for charity, It’s only mission is to promote foods that defend against cancer, by organising competitions in order to get the message across. Any profits after costs and expenses are though donated to charity.
d) Confirm full understanding of paragraph '6c' above and will not make any misleading statement that claims or suggests otherwise.
e) Understand that Cancer Comp is not a charity and will not say or suggest it is.
f) Never to call the Cancer comp competition ticket anything other than a competition ticket, in particular, but not limited to raffle ticket, prize draw ticket etc.
g) Agree never to accept donations.
h) Understand it is their responsibility to inform HMRC of their self-employment and report to them all earnings.
i) Understand they must inform all relevant authorities should they be in receipt of any state benefit(s).
j) Agree that they are authorised to sell competition tickets on behalf of the principal and Cancer Comp only after receiving all necessary permissions, permits, certificates and licences from relevant authorities.
With regard to paragraph ‘6j’ above, affiliates agree and accept that they must be the holder of a valid Pedlar’s Certificate obtainable from their local main Police station before making sales of Cancer comp competition tickets on the street or in other council controlled areas.
k) To be considered active affiliates must sell a minimum of 50 Cancer Comp competition tickets (one book) each calendar month.
l) Will not order / purchase further stocks of tickets until at least 50% of stock previously ordered has been sold.
m) Agree to indemnify the principal and Cancer Comp against any liability that may arise as a result of any breach of this agreement.
a) A registered affiliate can recruit others for each of their two areas of business:
i) The first being sales staff to develop their primary business of selling Cancer comp competition tickets. The affiliate would supply tickets to their sales people and give them an agreed hourly rate, or an agreed hourly rate plus commission, or commission only. The person recruited would not be an affiliate and for as long as the affiliate who recruited them was active, would not be able to become a affiliate of the principal, or be supplied Cancer comp competition tickets by the principal, unless it was with the agreement of the affiliate who recruited them.
ii) The second is the recruitment of sub-affiliates. In order to register as an affiliate a person needs a referral code. Every registered affiliate has their own unique referral code, which they use when advertising for sub-affiliates. When someone registers as an affiliate they are placed in the first level of the affiliate who owns the referral code used (Team Originator). When they in turn provide their own unique referral code to people who then register, those new affiliates would be in their 1st level and also in the 2nd level of the Team Originator. And so on.
8) Commission Payable
a) Affiliates will receive commission on all of their sub-affiliate's sales down four levels. This is calculated at
Level 1 - £0.10 per ticket, equal to £5.00 per book – 5.71%
Level 2 - £0.12 per ticket, equal to £6.00 per book – 6.85%
Level 3 - £0.14 per ticket, equal to £7.00 per book – 8%
Level 4 - £0.16 per ticket, equal to £8.00 per book – 9.14%
b) An affiliate must themselves be active in sales in order to qualify for the receipt of commissions on sub-affiliate sales. (See paragraph '7j' above for the definition of active).
c) Commissions are paid before each month end. calculated for all sales made during the preceding month.
d) Deductions from commissions due will be made where previously included sales have been refunded due to returns of ticket stock.
Orders placed will ordinarily be dispatched within 48 hours. Should this is not be possible, the affiliate will be advised when they can expect to receive their order. If this is not satisfactory to the affiliate may cancel their order and receive a full refund.
Affiliates may return unsold stock for refund of the purchase price, less a reasonable handling fee. Stock returned for refund must:
a) Be received by the principal within 90 days of purchase.
b) Must on arrival at the principal's trading address, be in re-saleable condition.
c) The address for returns is: 2 Teasel Grove, Longridge, Lancashire PR3 2RH
a) The affiliate may terminate this agreement within 14 days and receive a full refund of all monies paid.
b) The affiliate may terminate this agreement without notice at any time by email to the Principal.
c)The Principal may terminate this agreement:
i) Without notice, should the affiliate return stock for refund
ii) By giving the affiliate notice by email, but only if a breach of the terms of this agreement has been made by the affiliate. And only then if that breach could be remedied but was not remedied within a reasonable period of time.
12) Following Termination
The affiliate must:
a) Cease with the sale of Cancer comp competition tickets
b) Immediately pay any monies owed to the Principal
c) Not operate or be connected with any business or enterprise that competes with the principal or Cancer comp for a minimum period of three years
13) No Waiver, Severability
No action by us, other than an express written waiver or amendment, may be construed as a waiver or amendment of any part of this agreement. Should any clause be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
15) Entire Agreement
16) Force Majeure
Not withstanding anything contained within these terms and conditions SiBee will not be liable for any failure to perform its obligations to the client in whole or in part as a result of any of the following circumstances: Strikes; Other industrial actions; Civil unrest, upheaval or commotion; Act of God; Terrorism; War.
17) Applicable Law
This agreement shall be subject to the Laws of England.