Terms And Conditions

All transactions / bookings carried out on this website are concluded in English

 

CONDITIONS OF SALE & USE

 

Welcome to somethingdifferent.com.mt, a website which is owned and run by Untangled Media Limited (“UML”), a company registered in Malta.

 

UML provides access to this website (the "Website") and sells its services to you subject to the conditions set out on this page.

 

Please read these conditions carefully before using the Website and before purchasing any of our services. By using the Website, you agree to be bound by these conditions.By purchasing one of our services, you agree that the sale of such service shall be subject to the conditions of sale set forth in this document.

 

USE OF THE WEBSITE

 

Your Account

If you use the Website and have an account, you are responsible for keeping your account and password secret, and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

 

Please ensure that the details you provide us with are correct and complete, and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website.

 

UML reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at its discretion. If we cancel an order, it will be without charge to you.

 

Privacy

Please review our privacy policy, which also governs your use of the Website.

 

Access to Website

We will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

 

Licence for website access

UML grants you a limited licence to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of UML. This licence does not permit any resale or commercial use of this Website or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

 

This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

 

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of UML and its affiliates without express written consent. You may not use any meta tags or any other "hidden text", UML’s names or trademarks without the express written consent of UML. Any unauthorised use terminates the permission or license granted by UML.

 

Your conduct

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.

 

You understand that you, and not UML, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

 

You must not use the Website for any of the following:

 

  • for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
  • to send, use or reuse 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, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
  • to cause annoyance, inconvenience or needless anxiety.
  • Copyright, authors' rights and database rights

All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of UML, its affiliates or its content suppliers and is protected by Maltese and international copyright, authors' rights and database right laws.

 

Trademarks

Untangled Media Limited, Something Different, somethingdifferent.com.mt and other marks indicated on our Website are trademarks or registered trademarks of UML. UML’s trademarks and trade dress may not be used in connection with any product or service that is not UML’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits UML. All other trademarks not owned by UML that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by UML.

 

Liability

You accept the Website "AS IS" with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement.

 

In no event (except as otherwise specified in these terms and conditions) will UML be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with your use of the Website, whether based in contract, tort and whether negligent or otherwise, even if we have been advised of the possibility of such damages. In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, but that liability may be lawfully limited, our aggregate total liability to you for all such damages and losses shall be limited to Euro 100.

 

CONDITIONS RELATING TO THE SALE OF SERVICES TO YOU

 

This section deals with conditions relating to the sale of services by UML to you.

 

Our contract

When you place an order to purchase a service from UML, we will send you an e-mail confirming receipt of your order and receipt of your payment. Your order represents an offer to us to purchase a service which is accepted by us when we send this confirmation e-mail.

 

Our contract is with you, and not with the recipient of the voucher(unless you are the recipient of the voucher). However, by purchasing one of our services, you authorize the recipient of the service to deal with us directly in relation to the service.

 

Packaging

When you purchase a service from us, we will send you (or the person indicated by you) an experience voucher in a Something Different envelope with our trademark wax seal. This will, in turn, be enclosed in a plain outer envelope to prolong the surprise for the recipient. Along with the voucher itself, your personalized message will also be included in the package.

 

Standard Delivery

We will endeavour to ensure that standard orders received before 3pm on a working day are sent out by express postage on the same day. Any orders received after that time will be posted the following working day. Orders received over the weekend or on public holidays will be dispatched on the next working day. While we do our utmost to ensure your gift arrives in the shortest possible time, UML cannot be held responsible for any delays in the postal service. Furthermore, UML cannot be held responsible for any damage suffered to your gift pack while it is in the postal system.

 

Speedy Delivery

For a small additional charge of €10 (inclusive of VAT) you can choose to have your gift pack hand delivered. Speedy Delivery orders received before 2pm on working days will be delivered anywhere in Malta on the same day. Speedy Delivery orders received after 2pm on a working day will be delivered the following working day morning. Speedy Delivery orders received over the weekend or on public holidays will be delivered on the morning of the next working day.Unfortunately, we currently do not hand deliver packages in Gozo.

 

Collection

Although you can opt to have the package delivered to yourself, you can also choose to collect the package from our offices. Please note you should allow four hours from the time you place your order to the time you collect it. Our office hours are from 9am to 5pm Monday to Friday (excluding public holidays). If you need to arrange collection outside these hours please call us on 2789 2789 and, if we can arrange it for you, we will.

 

Payment in Person

If you would like to purchase an experience for someone or even for yourself but maybe don’t have a credit card, want to include a hand-written note or just prefer to do things in person, then you can come to our offices at 109/3, Gwardamangia Hill, Pieta PTA 1313 during normal working hours. Our experienced consultants will be only too happy to help you.

 

The Voucher

Each pack contains a voucher which gives the recipient a brief idea of the gift they have received. The voucher has a unique reference number which must be quoted when you call Something Different to redeem the voucher. All vouchers must be kept safely and securely. UML will take no responsibility for any loss you may incur as a result of voucher theft or impersonation or identity fraud. Your voucher is to be taken with you when you go for your experience and handed over to the service provider.

 

Voucher Validity

All vouchers are valid for a period of 180 days from date of purchase. The exact expiry date will be printed on the voucher. You must book your experience and redeem your voucher before the expiry date or the voucher will cease to be valid. Due to price fluctuations and other considerations, we cannot extend the expiry date of any voucher.

 

Refunds and Cancellation of Purchase

Since the voucher relates to a leisure service which we undertake to provide, through our service providers, within a specific period of 180 days, cancellation of this contract is not allowable. 

 

Untangled Media Limited does not offer refunds under normal circumstances. However, in extreme cases and where a client can prove that a refund is justifiable it may be considered.In these instances, we will refund the person who purchased the experience. Please note that we will generally consider complaints to be unjustified in cases where this was not brought to the attention of the service provider at the time of the experience.

 

Cancellations of bookings

Should you need to re-schedule or cancel an experience booking you have already made, this is usually possible provided you have given us at least 21 days notice. However, cancellations will not always be possible, so please check when you contact us to book your experience. Sometimes our service providers will have to cancel experiences for reasons beyond their control, like weather issues. When this happens the service provider will contact you directly to arrange an alternative date for the experience. We regret that UML is not able to reimburse any expense you may incur in relation to the cancelled experience.

 

Availability

All our experiences are offered subject to availability so please book as early as possible, preferably at least 28 days in advance or further for peak dates such as weekends or holiday periods. To book call us on 2789 2789 and we will set up your experience for you. Once confirmed you will receive an email confirming the date and time of your experience.

 

Persons with Disabilities

We welcome the participation of disabled people in our experiences, though we recognise that certain experiences may present difficulties for those with disabilities. We are committed to ensuring that disabled customers are given every opportunity to participate, so we ask that you tell us about any relevant disability at the time of booking.

 

Complaints

We value your feedback so please let us know how your experience went. If you have any complaints or issues on the day, please bring it to the attention of the service provider as soon as possible giving them the chance to put things right. If the situation is not resolved then please contact us quoting your voucher number, venue, experience and the specific complaint. Generally speaking, if you don’t take action during the experience but then bring up a complaint at a later date we would consider this unreasonable.

 

Restrictions

Certain experiences are subject to minimum or maximum requirements specified by our suppliers; e.g. age, health, height or weight. We will confirm with you at the time of booking if any restrictions apply to the participant, and accordingly it is your responsibility to ensure that none of these restrictions disqualify you or any participant from taking part in the activity. Once booked, UML will not be held responsible if you are unable to participate in your experience due to these restrictions.

 

Experience Description and Images, Duration

We endeavour to ensure that the information provided by Website is accurate at the time of going online. However, the precise nature of the experience may be subject to slight and minor changes from time to time. Experiences are for one participant unless otherwise stated.

 

The images used to illustrate experiences are used as an indication only. The vehicles, craft, machines, animals and settings at your experience may not be the same as those shown in the images on our Website.

 

All the duration periods shown on the Website are approximate and may vary. They are merely an indication of the time you will spend enjoying your experience.

 

Experience Operators

UML has contracted agreements with these service providers regarding their standard of performance. We have not, however, undertaken a detailed examination of all their equipment, facilities or systems. Once a booking has been made with a service provider, the participant is bound by the Terms and Conditionsand other instructions given by that service operator.  By purchasing or redeeming a Something Different voucher you acknowledge that the experiences are dependent on certain factors beyond the control of UML and agree that UML is not liable for the cancellation, postponement or alteration of any experience for reasons beyond its reasonablecontrol.

 

Pricing, Payment, Availability and Liability

We list availability information for services sold by us on the Website. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability.

 

All prices are inclusive of VAT and delivery by express post unless stated otherwise. Payments are to be made in Euro, and by means of one of the following credit Cards: [-----------].

 

All prices are correct at the time of publication. We reserve the right to increase the price of any experience without notice. You will be notified of any price increase before you place your order.  Whilst we take every care in choosing our service providers, inclusion of an experience in our range does not mean that we guarantee the safety standards or satisfactory performance of any of these service providers. UML’s liability for any claim of breach of obligation regarding any single voucher or experience shall not exceed the price of that experience.  All the above terms and conditions apply as a condition of using any voucher, whether or not the voucher holder is the original purchaser. These terms and conditions do not affect your statutory rights as a consumer. We do not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.

 

CONDITIONS RELATING TO USE OF THE WEBSITE AND SALES

 

Children

UML does not sell services for purchase by children. If you are under 18, you may use our Website only with the involvement of a parent or guardian.

 

Electronic communications

When you visit our Website or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to the Website, any policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the Website or that you purchase services from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

 

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

 

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

Governing law and jurisdiction

These conditions are governed by and construed in accordance with the laws of Malta. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of Malta.

 

Our details

Something Different is a trading name of UML.

 

UML’s details are the following:

 

Untangled Media Limited

109/3

Gwardamangia Hill

Pieta, Malta PTA 1313

 

Registration Number:C 44674

VAT Number:MT 1894-7413

Tel: (+356) 2789 2789

Email:info@untangledmedia.com

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