Definitions
In these Terms and Conditions, the following words and phrases have the following meanings:
‘Buyer’ = the person or company purchasing the Goods; sometimes referred to as you or they, your or their
‘Digital Content’ = data which is produced and supplied in digital form
‘Goods’ = the items that the Buyer is purchasing
‘Non-Buyer’ or ‘User’= the person viewing or using the website, whether or not they buy goods; sometimes referred to as you or they, your or their
‘the Parties’ = the Buyer and the Seller
‘Party’ = either one of the Buyer or the Seller
‘Seller’ = the person or company selling the Goods; sometimes referred to as we, us, or Maple Mystery Games Ltd
‘Virtual games’ = sometimes called Video Chat games
‘At Home games’ = sometimes called Face-to-Face or In Person games
‘Terms and Conditions’ = this document detailing the rights and responsibilities of the Parties
1 Contract
Before you buy Goods from us, you are asked on the Checkout page to tick a box stating that you have read and agreed to the website terms and conditions. These terms and conditions (as listed on this page) form the basis of your contract with us.
2 Governing Law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes between us.
3 Purchase of Mysteries: Personal Use Only
By buying one of our mysteries, the buyer agrees that it is for their personal use only. Mysteries may not be resold and may NOT be given to other people. If additional people want to run a mystery, they must buy their own copy.
4 Number of Times a Mystery May Be Run
Mysteries may be run a maximum of THREE times per purchase.
5 No Commercial Use
No commercial use of our mysteries is permitted under any circumstances. For example, you may NOT:
- Use this game in a commercial environment such as a hotel, restaurant, guest house, pub, theatre etc.
- Charge others to attend the game or use it as part of an event where guests are charged in any way to attend, take part or observe the game.
- Sell this game.
Maple Mystery Games Ltd will take legal action against any who violate these terms.
6 Charity Purchase
IF the charity first receives written permission from Maple Mystery Games Ltd, THEN a charity may charge guests for attending a mystery as a fund-raiser. Without written permission, charities may not run mysteries by Maple Mystery Games Ltd as fund-raisers.
It is expressly forbidden for different charity groups or subgroups to share any of our mysteries amongst themselves. For example, a national charity may NOT purchase a mystery and then share it amongst regional branches: each regional branch must purchase a mystery themselves.
It is also expressly forbidden for charities to run a mystery more than three times per purchase.
Maple Mystery Games Ltd will take legal action against any who violate these terms.
7 No Redistribution of Mysteries
Buyers may send guests attending their private party the information guests need to attend (eg invitation plus the guest’s INDIVIDUAL character’s pre-party booklet, party booklet and clues); if it is a virtual party, buyers may also send the decoration pack, decoration tips, recipe booklet, menu card and place cards.
Buyers may NOT redistribute this game in any way that would enable someone who has not purchased the game to run it themselves. In particular, buyers may NOT:
- buy this game for an organisation or charity and then redistribute it to other groups or subgroups within that charity or organisation;
- send the entire game, or unnecessary chunks of the entire game (eg ALL characters’ pre-party booklets and party booklets) to anyone;
- in any way make the game available to others to view, use, run or download, either online or offline (with the exception of sending individual guests the individual files that they personally need to attend your private party).
Mysteries may NOT be made available to others online or offline.
Maple Mystery Games Ltd will take legal action against any who violate these terms.
8 Copyright
All mysteries and their components (including, but not limited to, ideas, invitations, pre-party character booklets, initial mingling sessions, party character booklets, clues, host instructions, place settings, award certificates, decorations, decoration ideas etc) are the sole intellectual right of Maple Mystery Games Ltd. They may not be copied, amended or otherwise used as the basis for other mysteries. Derivative works (of any form) may not be made.
The buyer may not copy or modify the game.
All of our mysteries are protected by a copyright service as well as by the Berne Convention.
Maple Mystery Games Ltd retain the sole intellectual and creative rights to all mysteries.
All information on this site, including but not limited to words and images, is protected by the “All rights reserved” clause in our footer.
Maple Mystery Games Ltd will take legal action against those who violate these terms.
9 Modifications by Maple Mystery Games Ltd
Maple Mystery Games Ltd may modify or update any Digital Content, provided that the Digital Content shall always broadly match the description provided before purchase.
In rare circumstances, Maple Mystery Games Ltd may require the Buyer to substitute an already downloaded document, file or zip file with a new one supplied by Maple Mystery Games Ltd.
10 Refunds and Exchanges
You are entitled to a full refund or an exchange within 14 days PROVIDED that you have not downloaded any files other than Zip 1 (Host Instructions). After 14 days, we will not refund or exchange products.
We encourage everyone to view the sample game materials at the bottom of each product page before purchase to ensure that this is the right game for you. We also encourage potential buyers to read the information that appears at the top of the Cart page once a game has been selected for purchase. If you have any additional questions, please email us before purchase.
Please see our Refunds, Exchanges and Returns page, Section 2, for further details.
10.1 Agreement to Waiving the EU Statutory Rights Period
By purchasing our products (and ticking the Terms agreement box on the Checkout page), you agree to waive the EU Directive 14-day Right of Withdrawal cooling-off period IF you begin downloading files other than Zip 1 (Host Instructions). (See https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm)
11 Exchanges Due to the Number of Players Changing
Each version of a game (eg 6-8 players, 8-10 players, 10-12 players, 12-14 players) is a DIFFERENT game and MUST be purchased separately. The games will ONLY work for the number of players stated; character storylines are changed for each version and Pre-Party Booklets, Party Booklets Party Clues and some other files are rewritten for each version.
Maple Mystery Games Ltd is NOT liable if the numbers of people within the Buyer’s party changes. That is the Buyer’s responsibility.
If, within 60 days of the purchase of a mystery, the Buyer needs to buy a different version of the SAME game, the Buyer may request a 40% discount voucher code from the Seller via the contact form. We may at our discretion look sympathetically at a request that occurs outside of 60 days. The Seller will endeavor to send the Buyer a discount voucher code within a working day but, in the event of illness, injury or circumstances outside the Seller’s control, this time period might change, at the Seller’s complete discretion.
The different versions of the same game CANNOT be mixed and matched as the game will then NOT work. If the buyer buys a different version of a game, it is the buyer’s responsibility to ensure that ALL players have the booklets and clues for the correct game version and that these new booklets and clues are used.
Please see our Refunds, Exchanges and Returns page, Section 3, for further details.
12 Exchanges due to Changing Whether the Game is Played Face-to-Face (At Home) or Virtually
Upon request via our contact form, Maple Mystery Games Ltd offer a free exchange between Virtual and At Home versions of a game (same game, same number of players) IF and only if an alternative version of the game is available. This exchange is made via a discount voucher code. The Seller will endeavour to send the Buyer a discount voucher code within a working day but, in the event of illness, injury or circumstances outside the Seller’s control, this time period might change, at the Seller’s complete discretion.
Please see our Refunds, Exchanges and Returns page, Section 3, for further details.
13 Gift Vouchers
Our normal Terms and Conditions apply; commercial use is not permitted. Additional Terms and Conditions: a voucher may be redeemed up to the value shown and the expiry date given; if the cost of the coupon is less than the cost of the game, then the difference must be paid before the game can be purchased. No refunds are given; however, if the recipient of the voucher buys a game of a lesser value, please contact us via our contact form and we’ll send an additional voucher for the difference in value. If for some reason the recipient cannot use the voucher by the expiry date, contact us and we’ll extend the date.
Gift vouchers can generally be sent within 24 hours of purchase (unless hampered by illness etc).
14 Liability
The Seller’s total liability to the Buyer will not, in any circumstances, exceed the total amount of the price payable by the Buyer except where required by law.
In the event that the Buyer or User or their servants or agents breach these Terms and Conditions, or are negligent in their actions, the Buyer or User will, to the fullest extent permitted by law, indemnify the Seller against any liability, loss, claim, damage, expense suffered by the Seller as a result.
15 Comments
Users of this site agree not to post comments that may be deemed hate-inspiring, defamatory or otherwise illegal.
16 Photos and Reviews
Users of this website, and Buyers, agree that they will only upload – or send via email to Maple Mystery Games Ltd – photos where:
a: they have the permission of everyone within that photo for Maple Mystery Games Ltd to feature it on the website and/or social media accounts of Maple Mystery Games Ltd. If the person in the photo is a child, then the User or Buyer must obtain the permission of the child’s legal guardian.
b: they hold the copyright of that photo.
c: the photo was of a pre-party photo, party photo or post-party photo of a murder mystery written by Maple Mystery Games Ltd.
It is the user’s or buyer’s responsibility to ensure that conditions 16a, 16b and 16c above are met before uploading or emailing photos.
By uploading a photo, or sending a photo via email, social media or other means to Maple Mystery Games Ltd, the uploader or sender agrees that Maple Mystery Games Ltd may use this photo on their website either in isolation or as part of a collage or other photos or party materials.
Maple Mystery Games Ltd accept no liability for photos uploaded by users or supplied to us by buyers.
Maple Mystery Games reserve the right to modify or remove photos uploaded, emailed or otherwise sent to us.
By leaving a review on this website, the reviewer agrees that the words of that review may be used by Maple Mystery Games Ltd in Social Media sites or marketing materials.
Please see our Privacy page, section 2.6.
17 Image Removal
If any image on this site violates the privacy of any individual or infringes any copyright, then please notify us via our contact form and we will remove it.
18 Safety
It is the host’s responsibility to ensure the safety of themselves, their guests, their property, their possessions, their guests’ possessions, and their pets at all times. This applies whether playing Virtual or At Home (In Person or Face-to-Face) games.
Decoration, costume and food ideas (whether on our website, our social media sites, the pre-party booklets, the party booklets, the themed Decorating Tip Sheet or given via any other method) are given as suggestions only (as an optional addition to the main game) and should be followed only as far as the host (and the host’s guests) consider safe and sensible. For example, it is up to the host to ensure that:
- candles do not set a person, pet or property alight
- real weapons are NOT used as props or as part of a costume
- toy weapons are used safely
- guests do not behave in an unsafe way
- party decorations and costumes are safe – for example, if a costume or decorating idea is “stain old clothes with food colouring” or “paint an old sheet”, it is NOT the responsibility of Maple Mystery Games Ltd to ensure that the host and their guests do not damage good clothes, furniture etc with stained clothes or sheets
- the host and their guests do not damage property, possessions
- food is prepared using all necessary food hygiene standards and any food allergy considerations of guests are met
- food, and its preparation, does not damage people, possessions, pets, or property.
18.1 Safety and Party Materials
Any suggestions in party materials or on the website or our social media sites should be followed only as far as you the host and your guests deem safe. All suggestions can be skipped if there is any safety concern. For example:
- Where party materials suggest that a guest touches, waives, points or in any other way uses a toy weapon, it is up to the host to ensure that the guest has a TOY weapon and NOT a real weapon. It is up to the host to ensure that the guest does NOT use this toy weapon in an unsafe way. It is up to the host to ensure that the toy weapon is made of a material that will not cause damage to a person, pet, possession, or property.
- Where party materials suggest that a guest bangs a walking stick or cane on the floor, or raises a fist in the air etc, it is up to the host to ensure that the guest does this safely and does NOT endanger themselves or another.
- Where party materials suggest that guests may optionally dance, duel, “fight”, or perform any other physical activity, it is for the host to allow or not allow this to happen as safety (and the wishes of guests) requires. In particular, any “fights” MUST be CONTACT-FREE with TOY weapons and MUST be conducted in a safe way. If the host or a guest feels unsafe, if the area is too crowded or otherwise unsuitable, or if the props are not safely suitable, then these suggestions are optional and can be skipped over without affecting the game. It is the host’s responsibility to ensure the safety of all present and of property and possessions.
Maple Mystery Games Ltd accept NO responsibility for any loss, damage, injury or death of people or pets that may result before, during or after the game. In particular, if the host chooses to allow real weapons to be used (or be present), or if the host allows guests to behave unsafely, then Maple Mystery Games Ltd expressly accepts NO liability for the consequences that might happen.
Maple Mystery Games Ltd accept NO responsibility for any loss or damage to property or possessions.
19 Decoration, Food and Costume Suggestions Are Given as IDEAS Only
Decoration, food and costume ideas (whether on our website, our social media sites, pre-party booklets, party booklets, themed Decorating Tip Sheet or given via any other method) are given as IDEAS for inspiration only. They do not come with guarantees that they will work for a Buyer or Non-Buyer or that a Buyer or Non-Buyer will like the end results.
Decoration, costume and food ideas (whether on our website, our social media sites, the online pre-party booklets, the online party booklets, the online themed Decorating Tip Sheet or given via any other method) are given as suggestions only and should be followed only as far YOU, the Buyer or Non-Buyer, consider safe and sensible. In particular:
- Recipes and recipe ideas are provided without guarantee that they will work for you. They should always be tested before a party, and then adapted or tweaked as you deem necessary.
- Decoration and costume ideas are just ideas: they are given without guarantees that they will work for you.
- It is YOUR responsibility to ensure that all necessary safety precautions are followed to protect people, pets, property, possessions etc.
20 Payment and Timescales
Payment is made via PayPal or Stripe only. Maple Mystery Games Ltd will not accept any other form of payment.
Once Stripe or PayPal notify us that they have received payment from the Buyer, the Buyer can download (a maximum of 6 times) files from a private area of the website within a 60-day period. (See section 21 below.)
Downloads will not be released to the buyer before Stripe or PayPal notify us that they have received payment from the Buyer:
- In most purchases, we receive this notification almost immediately and the files are then released within minutes. However, sometimes, PayPal or Stripe or the customer’s own bank or card company cause a delay; this is outside the control of Maple Mystery Games Ltd and files will only be released once Stripe or PayPal notify us that they have received payment from the Buyer.
- In the case of eCheques, there can be a significant delay (eg 7-14 days) before PayPal receives the payment from the buyer; Maple Mystery Games Ltd will not release downloads to the buyer until payment has been cleared.
- If payment for an order fails, even if the Buyer’s card is charged or the Buyer’s payment method suggests that money has been transferred, Maple Mystery Games Ltd will not release the files until Stripe or PayPal notify us that they have received payment from the Buyer. (Generally, in these circumstances, PayPal or Stripe will then refund any money taken back into the Buyer’s account after a certain time but the Seller CANNOT guarantee that this will happen as this is outside of the Seller’s control.) It is the Buyer’s responsibility to contact their bank, building society, card company or payment method to find out why the payment has failed and to ensure a refund happens.
- In the rare cases where money is taken out of the Buyer’s payment method, card, bank or building society and yet Stripe or PayPal does not notify us that they have received payment from the Buyer, the order will NOT be created. It is then the Buyer’s responsibility to seek a refund from their payment method, card, bank or building society. (Generally, in these circumstances, PayPal or Stripe will then refund any money taken back into the Buyer’s account after a certain time but the Seller CANNOT guarantee that this will happen as this is outside of the Seller’s control.) The Seller will not release the files until Stripe or PayPal notify us that they have received payment from the Buyer.
- Under no circumstances will the Seller be responsible for contacting the Buyer’s payment method, card company, bank or building society to find out why payment has failed, why Stripe or PayPal do not notify us that they have received payment from the Buyer, or to organize a refund for the Buyer. That is the Buyer’s responsibility.
21 Downloading and Unzipping
21.1 Downloading
Once payment has been received by the Seller, the Buyer can download files from a private area of the website within a 60-day period. After 60 days from date of purchase, downloads will no longer be available automatically but the buyer can email us to request a download extension. We will look sympathetically upon this and will generally make an extension as soon as we are able but this is at our discretion and we accept no liability if we are temporarily ill or unavailable when the buyer wants the files.
Each zip file should only be downloaded once and then appropriate software used to unzip (extract) the files. Each zip file or audio file may, however, be downloaded a maximum of 6 times. If a buyer double-clicks on a file, the system will count this as TWO downloads. Once the download limit (6 times) is reached for a zip file or audio file, downloads for that zip file or audio file will no longer be available automatically but the buyer can email us to request a download extension. We will look sympathetically upon this and will generally make an extension as soon as we are able but this is at our discretion and we accept no liability if we are temporarily ill or unavailable when the buyer wants the files.
It is the buyer’s responsibility to ensure that all downloads are made WELL IN ADVANCE of the proposed game and, in any event, within the 60-day period. Maple Mystery Games Ltd are not responsible for internet failures, for website downtime, for buyers reaching their download limit for files, for buyers trying to download files after the 60-day limit or other unforeseen issues that may occur.
21.2 Unzipping
Maple Mystery Games Ltd supplies downloads as zip files. After downloading, it is the buyer’s responsibility to extract files from the download using appropriate unzipping software or the inbuilt software (if any) on their device.
It is the buyer’s responsibility to ensure that they have adequate space on their device to download and unzip (extract) the files and that appropriate unzipping (extraction) software is used. It is the buyer’s responsibility to fix any issues that may occur with downloading or unzipping files.
22 Documents and Printing
Most party materials are supplied as pdfs. Optional editable files are provided as Word files.
It is the Buyer’s responsibility to ensure that they have software that can print pdfs and edit and print Word files.
It is the Buyer’s responsibility to either print the party information themselves and send the appropriate documents to their guests or else to electronically send the appropriate documents to their guests so that their guests can either print the documents or else view them electronically. Maple Mystery Games Ltd are NOT responsible for the Buyer’s inability to print or send documents or for their guests’ inability to print or view documents.
The Pre-Party Booklets and the Party Booklets work best when printed double-sided and then folded into A5 booklets. If the Buyer does not have access to a double-sided printer, the Buyer will need to either supply their guests with single-sided materials or go through different steps given in the printing instructions to produce a booklet. That is the Buyer’s responsibility.
It is the buyer’s responsibility to ensure that they have all of the documents and files needed for the game in advance of the game and that the right files are sent to the right guests (if played virtually) or given to the right guests (if played At Home).
23 Audio Files
Most games come with an Audio Introduction and an Audio Solution. These are supplied as MP3 files.
These files must be downloaded well in advance of the party and played from the buyer’s device NOT from the buyer’s account on the Maple Mystery Games Ltd site.
It is the buyer’s responsibility to ensure that their device can play these files. If played virtually, it is the buyer’s responsibility to ensure that they can share this audio across the virtual call.
Maple Mystery Games Ltd do, however, supply a hard copy of the words in these files that can be read as a backup.
24 Virtual Parties
Maple Mystery Games Ltd supply files that buyers can download and play themselves across a video call software of their choice. Maple Mystery Games Ltd take no responsibility for the choice of video call software that the buyer makes or for any limitations or issues that arise out of this software or for any interruptions or downtime of this software that may arise.
Maple Mystery Games Ltd supply buyers with a Tip Sheet for Playing Virtual Mysteries but it is the buyer’s responsibility to ensure that the mystery plays well across the video call software of their choice and that the host is fully conversant with this software in advance of the party.
It is the buyer’s responsibility to set up the virtual game and to do whatever is necessary to ensure that all players can connect. It is the buyer’s responsibility to ensure that guests have adequate knowledge of the video call software in advance of the game.
It is the buyer’s responsibility to ensure that all guests have adequate internet connections, broadband etc for the video call software of their choice.
25 Hosting of Parties
Maple Mystery Games Ltd supply downloadable zip files that the buyer can use to host and run a party. Under no circumstances will Maple Mystery Games Ltd organise or host a party for the Buyer.
The Buyer buys the product as is and it is the Buyer’s responsibility to organise the party, host the party and to make the party work. Maple Mystery Games Ltd accept no responsibility for any problems.
Maple Mystery Games Ltd are not responsible if a Buyer is unable to organise a party or to complete any of the steps needed to organise a party.
26 Order Information: Details Given and Receipt Sent
It is the buyer’s responsibility to ensure that the address, phone number, name and email address given on the order are correct. Maple Mystery Games Ltd are NOT responsible for mistakes made by the buyer or for false information provided by the buyer.
In particular, if the buyer falsely claims to have an address in a different country, Maple Mystery Games Ltd are NOT responsible for any financial or tax implications caused by the buyer’s false information.
A Receipt will ONLY be sent to the buyer using the name and address given on the order; this is sent automatically via the system. Additional invoices will not be sent.
If the buyer gives an incorrect email address, they will not receive the automated emails sent.
27 Support
The buyer buys the product as is. Any support given is at the absolute discretion of Maple Mystery Games Ltd.
Maple Mystery Games Ltd endeavour to check emails sent by the contact form fairly frequently during working hours (9-5 Monday to Friday, GMT) but this is at the absolute discretion of Maple Mystery Games Ltd and there may be occasions (for example due to sickness, injury, holiday or other circumstances) when this does not happen.
Maple Mystery Games Ltd also endeavour to check emails sent by the contact form during many evenings and weekends but this is at the absolute discretion of Maple Mystery Games Ltd and there will be occasions when we are busy and this does not happen.
The buyer should NOT, therefore, leave it until the last minute to send emergency requests for assistance or clarification.
Maple Mystery Games Ltd monitor non-contact form email accounts less frequently and therefore no support emails should be sent other than via the contact form. In particular, requests for support should NOT be sent in reply to the Order Confirmation as these go to an unmonitored admin account.
Maple Mystery Games Ltd monitor social media direct messages less frequently than emails from their contact form and therefore no support emails should be sent via social media.
Maple Mystery Games Ltd NEVER accept visits from buyers or potential buyers at their premises.
28 Termination of Contact
Maple Mystery Games Ltd will not accept aggressive or abusive emails, phone calls, texts, social media posts, letters or other methods of contact.
Maple Mystery Games Ltd reserve the right, at their absolute discretion, to terminate contact with any buyer, individual or company.
29 Sale Refusal
Maple Mystery Games Ltd have the right, at their absolute discretion, to refuse to sell games to any buyer.
Maple Mystery Games Ltd have the right, at their absolute discretion, not to sell to countries where the tax implications of a sale, or other implications of a sale, would be detrimental to Maple Mystery Games Ltd. As stated above, if a buyer falsely claims to be from a different country in order to buy a game, Maple Mystery Games Ltd are NOT responsible for any financial or tax implications of this false information.
30 Suitability of Product
It is the Buyer’s responsibility to ensure that the mystery is suitable for the intended guests and that guests will not be upset or offended by the subject matter of the mystery. Each product page has an Age tab under the “Running Your Murder Mystery” section; this tab lists topics within the mystery that may be sensitive.
The Buyer buys the product without any warranty that their particular party will be able to follow the instructions, will follow the instructions, will enjoy the game or will solve the mystery.
The Buyer buys the product without any warranty that the Buyer will have the technical or organisational skills required to run the game.
31 Testing
Maple Mystery Games Ltd test each mystery on family and friends before selling them. Obviously, however, in a live situation, there could be occasions where someone speaks before they are meant to, or forgets to say anything etc. As we show the topics and essential speakers in order on each prompt card, then these situations should remedy themselves fairly quickly.
We also proofread mysteries. It is possible, however, that the occasional typo might slip through.
32 Fictional Characters
Every character in our murder mystery games is a FICTIONAL character. While many mysteries make broad use of the events of the decade in question, characters are NOT based on any real-life person, living or dead. Any similarities are pure coincidence.
Our murder mystery game characters have NO intended similarities to any other fictional character. The exception to this is similarities to characters that are now in the public domain. For example, Scrooge from “A Christmas Carol” by Charles Dickens.
33 Email Receipt
It is the buyer’s responsibility to ensure that any emails from Maple Mystery Games Ltd can be received. Maple Mystery Games Ltd are NOT responsible for settings or issues within the buyer’s email system or for any filtering of emails.
Maple Mystery Games Ltd NEVER click on any links provided by the buyer, an enquirer or others.
34 Viruses and Malware
The buyer is responsible for installing adequate virus-checking software on their device or computer. Each user of this website is also responsible for installing adequate virus-checking software on their device or computer.
Maple Mystery Games Ltd does not guarantee that the website or downloaded material provided is free from viruses, bugs or other malicious software. Maple Mystery Games Ltd is not liable for any loss or damage caused by a virus or other technogically-harmful material that may infect a buyer’s or user’s device due to using this website, downloading materials from this website, downloading materials sent by Maple Mystery Games Ltd, following any links provided in this website or by following any links in emails sent by Maple Mystery Games Ltd or by following any links on the Seller’s social media accounts.
The buyer must not upload, or send via email, any malicious code, viruses, malware, spyware or other security risks.
35 Third Parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999, these Terms and Conditions are not intended to, and do not, confer any rights on any person who is not a Party. Any person who is not a Party does not have the right to enforce any provision of these Terms and Conditions.
36 Circumstance Beyond the Control of the Seller
The Seller shall not be liable for any delay or failure to perform any term or part of these Terms and Conditions due to circumstances beyond the reasonable control of the Seller. Such circumstances include – but are not limited to – illness, website hosting issues, industrial action, lockout, trade dispute, power failure, internet outage, fire, natural disaster or outbreak of war. As soon as is reasonably possible after the discovery of such circumstances, the Seller will notify the Buyer in writing of any anticipated or existing delay or failure in performance.