End User Terms and Conditions
UNDER THESE CONDITIONS,
DEFINITIONS
The "Seller" means GlobiGames Ltd, and
The "Provider" individually and/or collectively is: the Seller, its
subsidiaries, affiliates, or other third parties of the Seller, and
The "Site" This website or associated websites controlled by the
Seller and any integral e-commerce 'transaction' engine unless specifically
stated otherwise, and
The "Product(s)" means the goods to which this document relates,
individually and/or collectively, viz: all software, object code, source code,
schematics, data (including metadata), text (including manuscripts), sound,
graphic material, audio and video material, photographs, illustrations, artwork,
images, documents, papers, instructions, proprietary information and all copyrightable
or otherwise legally protected elements of the Site or available on or through
the Site, and
The "Purchaser" means the end user buying the Product from the Site,
and
The "Phone" is a handheld telecommunications device compatible with
and capable of utilising the Product, and
The "Company Marks" all trademarks, service marks and trade names,
and
The "Cards" Visa, Mastercard, American Express, Switch, Solo, JCB,
Carte Bleu, Discover or similar credit card accepted by the Site, and
The "Demo Version" is a functionally restricted version of the Product
used to promote the Product.
The Purchaser has certain rights and obligations as follows:-
PRODUCT LICENCE
The Product is the property of the Provider and is legally protected under all
applicable local, state, national and international intellectual property, copyright
laws and other laws, regulations and international treaties. The Product is
not sold but licensed by the Provider for use by the Purchaser.
PURCHASER'S RIGHTS
The Purchaser may:
1. Install and use one copy of the Product on a single Phone.
2. Make a single copy of the Product for archival purposes only.
3. Install and use an unlimited number of copies of the Demo Version on Phones.
The Purchaser may not:
1. Copy or distribute the Product or any portion of it except for archival
purposes only.
2. Sublicense, rent, lease or transfer the Product or any portion of it.
3. Sublicense, rent or lease a Demo Version of the Product or any portion of
it.
4. Decompile, disassemble, reverse engineer or modify the Product,
the Demo Version of the Product or any portion of it.
5. Copy the documentation accompanying the Product.
SITE USE
The Seller provides the Site from which the Purchaser may purchase a Product.
The Product contained in the Site is made available to the Purchaser pursuant
to these Terms and Conditions contained herein. By accessing, browsing and/or
using the Site, the Purchaser acknowledges that they have read, understood,
and agree to be bound by these Terms and Conditions. If the Purchaser does not
agree with any provision of these Terms and Conditions, the Purchaser is not
authorised to access or use the Site for any purpose.
The Purchaser agrees to use the Site and the Product only for lawful purposes
and not to allow others to use the Site, or the Product for any unlawful purpose.
Use of the Site or Product in violation of any applicable law, regulation, ordinance,
or other rule imposed by any governmental authority is prohibited.
Some Product material, links and other information on the Site may not be appropriate
or available for use in all jurisdictions, especially certain jurisdictions
outside of the United Kingdom. Accessing any such Product, materials, links
and other information from certain jurisdictions may be illegal and prohibited.
Accessing any of the foregoing from any jurisdiction outside the United Kingdom is done at the Purchaser's exclusive initiative and the Seller is not responsible for the Purchaser's compliance with any law imposed by such jurisdiction. The Purchaser hereby agrees that they shall not access any of the foregoing where prohibited by any applicable law that prevails over the Purchaser.
The Purchaser shall not use the Site in any manner that could damage, disable, overburden, or impair the Site or any Product or interfere with any other party's use and enjoyment of the Site or any Product. The Purchaser may not attempt to gain unauthorized access to any computer systems or networks owned and operated by the Seller through password mining, hacking, or any other means. Any violation of the Seller's system, Site or network security may result in civil or criminal liability.
Any links to third-party web sites found within the Site other than those controlled by the Seller are provided solely as an added convenience to the Purchaser. Product found through links to third party websites are not under the Seller's control, and the Seller has neither reviewed such products of these third-party websites, nor does the Seller claim any responsibility for the maintenance, product design or suitability of these third-party web sites. A Purchaser's linking to any third party site is at their own risk, and the Purchaser is responsible for viewing and abiding by the privacy statements and terms of use posted at any third party site.
The Purchaser's use of the Site or any of the Products available through the Site constitutes the Purchaser's acknowledgement that the Site and the Product therein contain proprietary information owned by the Seller or other third parties.
CUSTOMER CARE
The Seller's customer care strategy offers the Purchaser a high degree
of respect as a purchasing partner. The Seller is dedicated to providing an
online shopping service that includes a portfolio of handpicked Product. It
aspires to give excellent support, high security, and privacy for all its customers.
To ensure the Purchaser's total satisfaction with the Seller's Product,
the Seller will do all it can to help a Purchaser with any queries or troubles
it may have with the Seller's Site or Product purchase. Contact the Seller
at this link customercare.365@globigames.com. The Purchaser's request
for assistance will be processed by the Seller's representatives to solve
a care related problem as soon as practical.
In the event of a returns request by the Purchaser, the Seller will make all attempts to resolve a Purchaser's concern with its purchased Product prior to providing any refund. Resolution may involve the actual software developer of the Product. Before purchasing, a Purchaser should be aware of the Seller's returns policy as described below.
PRIVACY
The privacy of its customers' details is of utmost importance to the Seller.
The Seller does not give, sell, or rent a Purchaser's private information
to any party other than the Provider for its use in marketing or solicitation.
Any personal information a Purchaser provides to the Seller is used solely to
provide services that a Purchaser has requested, or to enhance their experience
whilst visiting the Site. For specific information about the Seller's
privacy policy, please click privacy.365@globigames.com
PURCHASES/PAYMENTS
Payment for Product is normally made using a Card. Upon presentation of the
Card details, the Purchaser warrants that they are the cardholder or have the
permission of the cardholder to use the Card and that the billing information
provided is accurate. By purchasing a Product by use of a Card, the Purchaser
authorises the Seller to charge the Card for the purchase price of the Product
being purchased, plus any taxes or telecommunication charges, if applicable.
The price of any Product purchased through the Site will be the price specified at the time of purchase. Prices for all Product exclude applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, the Purchaser agrees to be responsible for any such applicable taxes and telecommunication charges. The Seller reserves the right to collect applicable taxes and impose applicable telecommunication charges on all Product purchased from the Site. Notwithstanding the foregoing, the prices for all Product on the Site include VAT or prevailing Government purchase taxes, if applicable.
SECURITY
The Seller guarantees the highest level of security for a Purchaser's
confidential information while the Purchaser shops on the Site. When making
purchases, the Purchaser's personal information including credit card
number, name, and address are encrypted, so it cannot be read as the information
travels over the Internet. This occurs in an integral e-commerce 'transaction'
engine embedded in the Seller's system and made available on the Site.
The operator of the e-commerce 'transaction' engine will guarantee that a transaction the Purchaser makes with the Seller's Site is 100% secure. This means if unauthorized charges are made to a Purchaser's credit card as a result of shopping on the Seller's Site, the Purchaser pays nothing.
(For fraudulent charges, the Purchaser will be reimbursed to the full amount up to the $50 limit the Purchaser's credit card company can charge a Purchaser under the US Federal law - Fair Credit Billing Act (please refer to the Purchaser's credit card agreement to understand obligations regarding fraudulent charges), provided the unauthorised use of the Purchaser's credit card resulted through no fault of the Purchaser's own from purchases made at the Seller while using a secure server. In the event of unauthorised use of the Purchaser's credit card, Purchaser must notify the Purchaser's credit card provider in accordance with its standard reporting rules and procedures.)
TRADEMARKS AND COPYRIGHT AND INTELLECTUAL PROPERTY
The Product is owned by the Provider and its structure, organization and code
are the valuable trade secrets of the Provider. The Provider owns its Company
Marks, copyright and intellectual property and the Purchaser agrees to:
• not use or copy any Company Marks with the Product; and
• not to violate copyright or intellectual property law, and
• not do anything harmful to or inconsistent with Provider's rights in
the Company Marks.
The Purchaser hereby agrees not to alter, delete or conceal any copyright, trademark or other proprietary notices of any party from the Product or the Site or any materials thereon. Purchaser hereby agrees not to reproduce, modify, copy, distribute, disseminate, transmit, display, perform, broadcast, reproduce, publish, assign, license, sublicense, create derivative works from, reverse engineer, reverse assemble, loan, transfer, circulate to any third party (including, without limitation, on or via a third party web site), attempt to discover source code, or sell in any way any Product included on the Site without the express prior written permission of the Seller or other applicable third parties. Company Marks, copyright and Intellectual property owned by the Provider may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Seller or the applicable third party. Furthermore, any unauthorized or prohibited use of any Product or the Site may subject Purchaser to civil liability or criminal prosecution, or both, under applicable law.
If the Purchaser knows or suspects that any Product or other materials or portions of the Site constitute copyright infringement or other violations of local, state, national or international intellectual property laws, please notify the Seller by email.
PRODUCT UPDATES
The Purchaser understands and agrees that the Provider may develop and market
new, enhanced, updated or different Product. Nothing contained in these Terms
and Conditions gives the Purchaser any rights with respect to such new, enhanced,
updated or different Product. However, any updates, upgrades or enhancements
that the Provider may in its discretion choose to provide shall be considered
part of the Product and be subject to these Terms and Conditions.
LIMITATION OF LIABILITY
THE PRODUCT IS SUPPLIED "AS IS". THE SELLER DISCLAIMS ALL WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY
AND OF FITNESS FOR ANY PURPOSE. THE PURCHASER MUST ASSUME THE ENTIRE RISK ON
USING THE PRODUCT. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY,
WHETHER IN TORT, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF
ACTION, SHALL SELLER OR ANY OF ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS,
OFFICERS, AGENTS, DEVELOPERS, LICENSORS, SUCCESSORS OR ASSIGNS BE LIABLE TO
PURCHASER OR TO ANY OTHER PERSON FOR ANY LOSSES, DAMAGES OR INJURY, OF ANY NATURE,
DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY
TO USE THE SITE OR THE PRODUCT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY,
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF SELLER
HAS BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH LOSSES,
DAMAGES OR INJURY. IN NO EVENT WILL SELLER BE LIABLE FOR ANY LOSSES OR DAMAGES
IN EXCESS OF THE FEES PAID BY PURCHASER IN CONNECTION WITH PURCHASER'S
PURCHASE OF ANY PRODUCT OR PURCHASER'S USE OF THE SITE. SELLER SHALL NOT
BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR
DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE SITE. PURCHASER UNDERSTANDS AND AGREES
THAT SELLER IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE,
OFFENSIVE OR ILLEGAL PRODUCT OR CONDUCT OF ANY OTHER PURCHASERS, THIRD PARTIES,
OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY
RIGHTS. SELLER IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY VIRUSES OR OTHER CONTAMINATION
OF PURCHASER’S COMPUTER, HANDHELD DEVICE OR OTHER COMMUNICATIONS DEVICE
USED TO ACCESS THE SITE. NEITHER SELLER NOR ITS DEVELOPERS NOR LICENSORS ARE
RESPONSIBLE OR LIABLE FOR ANY DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING
OUT OF PURCHASER’S USE OF THE SITE, OR WITH RESPECT TO THE PRODUCT OR
OTHER MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY MATERIAL
POSTED BY THE SELLER OR ANY THIRD PARTY ON THE SITE. NEITHER SELLER NOR ANY
OF ITS AFFILIATES SHALL HAVE ANY LIABILITY TO PURCHASER FOR USAGE CHARGES RELATED
TO ANY DEVICE THAT PURCHASER USES TO ACCESS THE SITE OR TO DOWNLOAD PRODUCT.
PURCHASER UNDERSTANDS AND AGREES THAT PURCHASER’S USE OF THE PRODUCT AND THE SITE IS SOLELY AT PURCHASER'S OWN RISK AND THAT PURCHASER WILL BE SOLELY RESPONSIBLE FOR ANY LOSSES, DAMAGES OR INJURY INCURRED BY PURCHASER OR ANY OTHER PERSON THAT MAY RESULT FROM PURCHASER’S USE OF THE PRODUCT OR THE SITE.
WARRANTIES
THE SELLER ASSUMES NO LIABILITY FOR DAMAGES WHATSOEVER, DIRECT OR CONSEQUENTIAL,
WHICH MAY RESULT FROM THE USE OF THE PRODUCT, EVEN IF THE SELLER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY OF THE SELLER WILL BE LIMITED
TO REFUNDING OF THE PURCHASE PRICE. PURCHASER AGREES THAT ALL INFORMATION, PRODUCT,
SERVICES AND RELATED MATERIALS CONTAINED WITHIN THE SITE ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. SELLER AND ITS DEVELOPERS AND LICENSORS
HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH REGARD TO
ANY INFORMATION, PRODUCT, SERVICES AND RELATED MATERIALS ON THE SITE, INCLUDING,
WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, SELLER AND ITS DEVELOPERS AND LICENSORS MAKE
NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR
OPERATION OF THE SITE, THE FUNCTIONS CONTAINED IN THE SITE OR THE PRODUCT OR
ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.
IN NO EVENT WILL SELLER OR ITS DEVELOPERS OR LICENSORS BE LIABLE FOR THE TRUTH,
ACCURACY, OR COMPLETENESS OF ANY PRODUCT OR OTHER INFORMATION ON THE SITE, OR
FOR ERRORS OR MISTAKES MADE BY HUMANS OR MACHINES. TO THE FULLEST EXTENT PERMISSIBLE
BY LAW, SELLER AND ITS DEVELOPERS AND LICENSORS MAKE NO WARRANTIES AND SHALL
NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES. SELLER AND ITS
DEVELOPERS AND LICENSORS DO NOT WARRANT THAT THE SITE, PRODUCT OR SERVICES WILL
MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING
THE PRODUCT, SERVICES OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY REFERENCE TO ANY PERSON, ENTITY,
PRODUCT, MATERIAL OR SERVICE ON THE SITE DOES NOT CONSTITUTE AN ENDORSEMENT
OR RECOMMENDATION BY THE SELLER OR ANY OF THE SELLER’S EMPLOYEES OR AGENTS.
SELLER IS NOT RESPONSIBLE FOR ANY THIRD PARTY WEB PAGE ACCESSED FROM THE SITE,
NOR DOES SELLER WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN ANY THIRD
PARTY SITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. NO COMMUNICATION OF ANY
KIND BETWEEN PURCHASER AND THE SELLER OR ANY OF THE SELLER’S EMPLOYEES,
REPRESENTATIVES OR AGENTS SHALL CONSTITUTE A WAIVER OF ANY LIMITATION OF LIABILITY
HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THESE TERMS
AND CONDITIONS. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES,
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME
OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO
PURCHASER, AND PURCHASER MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
IN SUCH JURISDICTIONS, THE SELLER'S LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
RETURNS POLICY
The Seller is a reseller of third-party software applications and distributes
Product on behalf of the Provider. The Seller therefore must abide by its own
distribution agreement with the original developer of the Product. For that
reason, return requests may require notification between the Seller and the
developer. If this is the case, the Seller will notify the developer of a Purchaser's
refund request for their approval or denial under such terms. Refunds are given
in the same form of payment originally used for purchase. Upon approval of a
refund, the Purchaser is obliged to delete the Product, all of its components,
any registration codes, and fully downloaded versions from the Purchaser's
Phone and/or computer. By receipt of a refund, Purchaser is agreeing to entirely
remove the Product.
Downloaded Product:
A full refund will be granted within 30 days of purchase for:
• Billing errors.
• Approval of refund from the software developer.
• Product not received due to errors made by the Seller.
Seller regrets that it is unable to provide refunds for:
• Product that includes a free trial or Demo Version offered on the Site.
• Product purchased for the wrong device or mobile operating system.
• Product ordered via a toll number (e.g. automated voice response system)
or premium SMS.
• Promotion discount codes not entered during the purchasing process.
• Any item of Product extending 30 days after its purchase date.
In the first instance, returns must immediately be brought to the attention of the Seller by email specifying the purchase date and the unique code provided by the Seller during purchase of the Product. returns.365@globigames.com. We regret that we cannot process a returns request without this information. All telecommunication costs are borne by the Purchaser. Other charges may apply.
INDEMNITY
The Purchaser should be aware and acknowledges that the Product and websites
listed at the Seller's Site have been provided by parties other than the
Seller with the exception of any Product branded with the Seller in the title
credits. With the exception of Product found in the Seller's Product portfolio
and other branded titles owned by the Seller, the Seller has not tested, certified,
or validated any product found on these websites and therefore cannot make any
representations regarding the quality, safety, or suitability of such products
found there.
The Seller will make every reasonable effort to monitor Product; however, the Purchaser is solely responsible for any repercussions resulting from the use of any Product and the Seller will not be liable for any damages resulting from the use, modification, or distribution of any Product.
Any questions, complaints, or claims related to specific Product titles outside these Terms and Conditions should be directed to the appropriate party, which The Seller will provide upon request.
The Purchaser agrees to release, indemnify, defend and hold harmless the Seller
and its subsidiaries, affiliates, employees, officers, directors, shareholders,
agents, developers, licensors, successors and assigns from all liabilities,
claims, demands, lawsuits, judgments, damages, costs and expenses, including
reasonable legal fees and court costs, made by any third party due to or arising
out of or in connection with:
1. Purchaser's connection to and use of the Site or the Product, and
2. any material a Purchaser submits, transmits or makes available to or from
the Site, and
3. any disputes between the Purchaser and its network carrier, and
4. Purchaser's violation of these Terms and Conditions, and
5. Purchaser's violation of any rights of a third party, including intellectual
property rights, and/or
6. Someone else using the Purchaser's account or password (including any
unlawful or prohibited use of the Site).
Notwithstanding the foregoing, the Seller reserves the right to assume the exclusive
defence and control of any such claim or action and all negotiations for settlement
or compromise, and the Purchaser agrees to fully cooperate with the Seller in
the defence of any such claim, action, settlement or compromise negotiations,
as requested by the Seller.
SUPPORT
Subject to the other provisions of these Terms and Conditions, the Seller will
use commercially reasonable efforts to help a Purchaser with any questions that
it may have regarding the Site or the purchase of Product. To reach the Seller's
customer support team, please e-mail at support.365@globigames.com.
GENERALLY
Waiver/Course of Conduct. The Seller's failure to insist upon or enforce
strict performance of any provision of these Terms and Conditions shall not
be construed as a waiver of any provision or right hereunder. Neither the course
of conduct between the Purchaser and the Seller nor trade practice shall act
to modify any provision of these Terms and Conditions.
Assignment. The Seller may assign its rights and duties under these Terms and
Conditions to any party at any time without Purchaser’s permission and
without notice to Purchaser.
E-mail Communications. Communications made to Seller by e-mail shall not constitute
legal notice to Seller or any of its subsidiaries, affiliates, directors, officers,
employees, stockholders, agents, representatives, developers, licensors or assigns
with respect to any existing, future or potential claim or cause of action against
the Seller or any of its subsidiaries, affiliates, directors, officers, stockholders,
employees, agents, representatives, developers, licensors, successors or assigns,
where such notice is required by contract, or any local, county, national or
international laws, rules or regulations.
Severability. If any provision of these Terms and Conditions is held to be invalid,
void or unenforceable, such provision shall be deemed severable and shall not
affect the validity and enforceability of any remaining provision of these Terms
and Conditions.
GOVERNING LAW
This contract shall be governed by English Law. In the event of any dispute
whether of interpretation or otherwise or as to the liability either of the
Seller or the Purchaser arising out of the sale use or operation or failure
to operate of the Goods or of any part thereof the same shall be determined
by the English courts of law to whose jurisdiction the Seller and the Purchaser
PREVIOUS CONDITION
The Site is owned and operated by the Seller and/or its subsidiaries and affiliates.
The Seller reserves the right to modify these Terms and Conditions at any time
without giving prior notice to any Purchaser. The Purchaser is responsible for
regularly reviewing these Terms and Conditions. The Purchaser's use of
the Site following any such modification constitutes their agreement to follow
and be bound by these Terms and Conditions as modified. These Conditions supersede
all previous conditions of sale of the Seller. Except as otherwise expressly
provided in these Terms and Conditions, there shall be no third party beneficiary
to these Terms and Conditions.
Ver. 1.7 5th October 2008
© 2008 GlobiGames Ltd
