YOUR PARTICULAR ATTENTION IS DRAWN TO THE LIMITATION OF LIABILITY CONTAINED IN SECTION 3.2 BELOW.
Thank you for visiting our Site. These terms and conditions (” Terms “) apply whenever you use the online store website, any Game-specific site or any other online or mobile service (each, the ” Site “) owned or controlled and operated from time to time by or for Jagged Studios Pty Ltd (” JaggedGames “, ” we “, ” us ” or ” our “).
1. USE OF THE SERVICES
1.2 Service definitions
1.3 Use of the Services
1.4 Membership and Accounts
1.5 Proprietary rights
1.6 User conduct and acceptable use
1.7 Your personal information
2. TERMS OF SALE
2.2 Supply definitions
2.3 Territorial availability
2.4 About you
2.5 Placing an order and formation of supply contract
2.6 Delivery and Product availability
2.7 Risk and title
2.8 Pricing and payment
2.9 Cancellation and refunds
2.10 Other refund requests
2.11 Import duties and export restrictions
2.12 Written communications
3.1 Special categories of Product
3.2 Limitation of liability
3.4 Third-party software, links and data
3.5 Advertising and sponsorship
3.6 Competitions, prize draw and promotions
3.7 Suspension and termination
3.8 Events beyond our control
3.9 Changes to these Terms
3.10 Other important terms
3.11 Contact us
1 USE OF THE SERVICES
We ask parents and guardians of children under the age of 18 (minors) to pay special attention to the online activities of their children and to read the Site Terms carefully. In particular, parents and guardians should specifically make children under their care aware of the rules on User conduct and acceptable use under section 1.6 of these Terms and important reminders contained in the Site Terms.
We ask parents or guardians to supervise their children’s use of the Site and Services. Neither the Site nor any Service is directed to children under the age of 16, and we shall not knowingly collect personally identifiable information from anyone under 16. No information should be submitted or posted to or on the Site by anyone under the age of 16. In such circumstances, where such children are nevertheless permitted to participate in a Service, we may require written permission to be given by a parent or guardian in accordance with such procedures as may be stipulated by us from time to time on the Site as a condition to such children’s ability to use any Service on the Site.
Where applicable, all our Games carry a voluntary or mandatory age-rating identified on the packaging or online information for the relevant Game. You should not allow players under the minimum age requirement specified in the applicable age-rating for the Game in your jurisdiction to play the Game.
1.2 Service definitions
In these Terms (in addition to the definitions given above):
” Account ” means any account for which a User has registered in order to access the Account Service;
” Account Service ” means, collectively, the Services that are only available to Registered Users;
” Content ” means any and all content accessible on or via the Site or a Game (including text, software, applications, video, films, music, sound, audio files, get-up, graphics, icons, designs, pictures, photographs, illustrations, artwork, names, brands, logos, trade marks, data, statistics, information, messages, articles, blogs, notes, communications, ideas, advertisements, listings, links, compilations and other material, as well as their selection and arrangement);
” Game ” means any version of an interactive computer game developed or published by, for or under licence from JaggedGames for replay on any console, device or system from time to time;
” Member ” means any User who has agreed to the Site Terms, applied to use the Member Service and had their nickname confirmed, and ” Membership ” shall be understood accordingly;
” Products ” means any Games, soundtracks, merchandise, event tickets and/or other products or services made available for purchase from time to time via the Site (whether in physical or electronic form);
” Store ” means the JaggedGames Store or (as relevant) the sales section of any of our other online or mobile services (including, for example, any Game-specific site); and
” User ” means any user of the Site.
In these Terms, any reference to ” including “, ” other “, ” for example ” or any similar words is without limitation, and any reference to “ writing ” or “ written ” includes (if successfully transmitted) email.
1.3 Use of the Services
The Site and its Services are provided and operated by or for Jagged Studios Pty Ltd, a company registered in Australia, whose registered office is at 72 Winifred Avenue, Umina Beach, NSW 2257 Australia.
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or modify any Service that we provide the Site with or without notice. At our sole discretion we may notify you at your email address as supplied to us.
We do not guarantee that the Site or any Service will be available at any particular time or for any period of time.
From time to time, we may restrict access to certain Services to Users who have registered with us.
When using the Site, you must at all times comply with the Site Terms.
You are responsible for making all arrangements necessary for you to have access to the Site and for all connection and other charges incurred in visiting and accessing the Site and the Services. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of the Site Terms, and that they comply with them.
1.4 Proprietary rights
1.4.1 Content. With the sole exception of User Content (as defined below), all copyright, trade marks (registered or unregistered, and including Game titles and other Product names and all associated logos and other device marks associated with such titles and names), database rights and other intellectual property rights in and to the Site and the Content are exclusively owned by JaggedGames, its affiliates or its licensors. All rights are reserved.
No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means (in whole or in part) without JaggedGames prior written permission. JaggedGames grants you a limited licence to access and use the Site and to download or print any page of the Site to which you have properly gained lawful access solely for your personal, non-commercial reference, as long as you keep all copyright or other proprietary notices intact. All rights to use, reproduce, copy and extract any Content not expressly specified in the Site Terms are reserved by JaggedGames absolutely.
Any use of the Site or the Content (other than as specifically authorised in the Site Terms or separately permitted in writing by JaggedGames) is strictly prohibited. Unauthorised use may also violate applicable laws (such as copyright and trade-mark laws) and applicable communications statutes and regulations.
Any licence granted to you under the Site Terms is revocable at any time (and with or without reason), except to the extent that such licence is required by you to use any Product purchased by you via the Site. All moral rights of the respective authors of any Content are hereby asserted.
1.4.2 User Content. In these Terms ” User Content ” means any and all Content (including your avatar, image and likeness) that you (or any other User(s) on your behalf) post, upload, publish, display, transmit, share, store or otherwise make available (collectively, ” post “) on or via the Site or in connection with the use of any Service, or transmit to or share with other Users.
You are solely responsible and liable for the content, accuracy, completeness and legality of User Content. In particular, you must ensure that you have the legal right under all applicable laws to post any User Content on or through the Site or in connection with the use of any Service, or transmit to or share such User Content with other Users. This means you must either be the sole owner of all the intellectual property and other rights in such User Content or have the prior written agreement of any third-party owner of such rights to make use of the User Content in question for the purposes set out in these Terms. You warrant and undertake to us that: (a) you have the absolute unfettered right and title to post any User Content and to grant to us the rights and licences in respect of such User Content specified in the Site Terms; and (b) all User Content shall be lawful and shall comply with our standards (such as acceptable use policies) contained in the Site Terms or otherwise specified on the Site.
We are under no obligation to keep secure or to store any User Content for any period of time and shall have no liability to you for any damage, loss, liability, cost or expense incurred by you as a result of the loss or deletion of any User Content. You are solely responsible for creating any back-up copies of any User Content.
You grant us the worldwide, payment-free and transferable right and licence (with the right to grant sub-licences) to use, reproduce, publicly display, edit, modify, translate, disclose, communicate, broadcast, distribute and format in any manner we choose all or any part of any User Content via the Site and within the scope of the Services. This grant of rights is for the full legal term of protection of such rights. To the fullest extent permitted by law, you further irrevocably waive, and agree not to assert against JaggedGames or our sub-licensees, any so-called “moral rights” that you may have in any User Content.
Where permitted by you or required by a court or other competent authority or otherwise permitted by law, we shall be entitled to disclose your identity to any third party claiming that any User Content constitutes a violation of such third party’s intellectual property rights, goodwill, reputation and/or right to privacy.
1.5 User conduct and acceptable use
1.5.1 User warranties. You warrant and undertake that no User Content does or will violate or infringe any third-party rights (including copyright, trade marks, rights of privacy or publicity or any other proprietary or personal rights) or contain defamatory or otherwise unlawful material. You accept that you are personally responsible for your use of the Site and for all of your communication and activity on the Site (including any User Content).
1.5.2 Interactive Services. In addition, you understand that we may from time to time provide interactive services to Users of the Site (” Interactive Services “), which may include:
- chat rooms;
- bulletin boards;
- inter-User messaging functionality;
- message walls;
- on-line games;
- inter-User game challenges; and/or
- avatar customisation.
You accept that we are entitled (but may not be obliged) to review the Site and, without prior notice to you, to delete or remove from the Site any User Content in our reasonable discretion, including User Content that, in our reasonable judgement, violates the Site Terms, or might be offensive or illegal, or might violate the rights (or harm or threaten the safety) of Users or others.
1.5.3 Moderation. While we reserve the right to moderate the use of any Service, we may not be under any obligation to oversee, monitor or moderate any Interactive Service that we provide on the Site, nor to pre-screen or approve any Content that may be posted by Users to the Site or on any Interactive Service.
1.5.4 Complaints. WE CANNOT GUARANTEE THAT YOU WILL NOT ENCOUNTER CONTENT THAT YOU CONSIDER OFFENSIVE OR OTHERWISE INAPPROPRIATE, AND WE ACCEPT NO LIABILITY FOR ANY FAILURE TO REMOVE (OR DELAY IN REMOVING) ANY SUCH CONTENT. You may, however, make complaints by contacting us.
1.5.5 Minors. You are not allowed to post the image and/or likeness of any child under the age of 16. The use of any of our Interactive Services by minors is subject to the consent of their parents or guardians. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation (where provided) is not foolproof. Minors who are using any Interactive Service should be made aware of the potential risks to them. Where we do moderate an Interactive Service, we shall normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
1.5.6 Prohibited use. You must not:
- harvest or collect email addresses or other contact information of other Users from the Site or any Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Site or any Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or any Service;
- use automated scripts to collect information from, or otherwise to interact with, the Site or any Service;
- post any Content that we reasonably consider to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- post any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
- post publicly available on the Site any private information of any third party, including addresses, phone numbers, email addresses, social security numbers and payment method details;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- post User Content that would constitute, encourage or provide instructions for any criminal offence, violate the rights of any person, or otherwise create liability or violate any applicable law relating to offensive or harmful content; and/or
- post User Content that, in our reasonable judgement, is objectionable or restricts or inhibits any other person from using or enjoying the Site or any Service, or may expose us or Users to any harm or liability of any type.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under applicable legislation. We shall report any such breach to the relevant law enforcement authorities, and we shall co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
1.5.7 Content standards. The following standards apply to any and all material that you contribute to the Site and to any Interactive Services associated with it (collectively, and including any part(s) of the same, ” Contributions “). You must comply with the spirit of the following standards, as well as the letter. Contributions must:
- be accurate (where stating facts);
- be genuinely held (where stating opinions); and
- comply with applicable law in the AUS and in any country from which they are posted.
Contributions must not:
- contain any material that is defamatory of any person;
- contain any material that is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or other unlawful discrimination;
- infringe any copyright, database right, design right, trade mark or similar intellectual property right of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us (if this is not the case); and/or
- advocate, promote or assist any unlawful act (such as, by way of example only, copyright infringement or computer misuse).
If you encounter another User on the Site who is violating any of the Site Terms, please report the User to our support service.
We shall determine, in our reasonable discretion, whether there has been a breach by you of this section 1.5. Failure to comply with this section 1.5 constitutes a material breach of the Site Terms, and you agree that such failure may result in our taking any or all of the following actions:
- immediate, temporary or permanent withdrawal of your right to use the Site and any Services;
- immediate, temporary or permanent removal of any posting or material uploaded by you to the Site;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs and expenses on an indemnity basis (including reasonable administrative and legal costs) resulting from the breach;
- further legal action against you; and/or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
1.6 Your personal information
2 TERMS OF SALE
The terms and conditions on which we shall supply you with any Products from the Store are set out in this section 2 (together with all other provisions of these Terms relevant to such supply and any other provisions referred to in this section 2).
Please read this section 2 carefully before you order any Products from the Store. When registering as a Member, you will be required to confirm your acceptance these Terms, which govern the supply, sale and purchase of any Products. No other terms and conditions will apply, except any mandatory provisions of applicable law. We recommend that you print a copy of these Terms for your reference.
If you refuse to accept these Terms, you will not be able to order any Products from the Store.
2.2 Supply definitions
In this section 2 (and where used elsewhere in these Terms):
“Boxed Product” means (if offered at all via the Store at our sole discretion) a copy of a computer software program contained on a physical medium (such as a CD, DVD or cartridge) packaged for physical delivery to the consumer;
“Download Product” means a computer software program to be delivered to the consumer by way of electronic software download from the Store (and not to be delivered on any physical medium);
“Merchandise Item” means an item of merchandise (such as a Game-related figurine) packaged for physical delivery to the consumer;
“Physical Products” means Boxed Products, Merchandise Items and Soundtracks;
“Soundtrack” means a Game soundtrack contained on a CD packaged for physical delivery to the consumer;
“Store Service” means a service ordered by you via the Store and agreed to be supplied by us to you under a Supply Contract (and, unless the context otherwise requires, the term “Products” includes any such Store Service and references to “delivery” include such a supply); and
“Supply Contract” means any contract between you and us for the supply of Product(s).
2.3 Territorial availability
The Store is intended for use by consumers resident in the United Kingdom, France, Germany, Austria, Switzerland, Italy, Spain, Portugal, Denmark, Norway, Sweden, Finland, Australia and New Zealand (“Serviced Countries“). The Products displayed on the Store are not available for purchase by individuals outside of the Serviced Countries. No order for the delivery of a Product will be accepted from anyone not resident in a Serviced Country. Your payment-method billing address must be in a Serviced Country, and Products will only be delivered to that payment-method billing address.
For certain Products, we may choose only to accept orders from customers resident in (and whose payment-method billing address is in) a specified country, in which case the territorial restriction will be indicated on the relevant Product page on the Store.
2.4 About you
By placing an order for any Product through the Store, you warrant that you are:
(a) legally able and free to enter into binding contracts;
(b) at least 18 years old; and
(c) a resident of a Serviced Country and accessing the Store from that country.
2.5 Placing an order and formation of Supply Contract
We reserve the right, in our sole discretion, to limit order quantity and to refuse or cancel orders above the limit we set for any Product. We shall not accept orders placed in any way other than the procedure described below.
Details of Products contained in promotional materials, advertising or elsewhere on the Site or other websites do not constitute offers by us to supply such Products. Before confirming your order, you will be able to verify it and to correct mistakes, if any.
Your order constitutes an offer to us to buy the Product(s) in your order, and we may or may not accept your order in our discretion, unless otherwise required under applicable law. Where we accept your order, we shall notify you of our acceptance by emailing you an acknowledgement of receipt and confirmation of your order (“Order Confirmation“). The Order Confirmation will be sent to you by email to your Member email address. Unless otherwise required under applicable law, the Supply Contract between you and us will only be formed when we send you the Order Confirmation. Without affecting your right of cancellation set out in section 2.9 below, you can cancel your order for a Product at no cost any time before we send the Order Confirmation relating to the Product. This cancellation right does not apply to certain categories of Products, including digital products or software that are not supplied in a physical format (e.g. on a CD, DVD or cartridge), once download or use (whichever occurs sooner) has started.
2.6 Delivery and Product availability
2.6.1 Delivery arrangements
In the case of Physical Products, we shall endeavour to fulfil your order by the estimated delivery date detailed in the Order Confirmation, which will usually be within 30 days after the date of the Order Confirmation. Please note that (unless otherwise specified on the relevant Product page of the Store or in the Order Confirmation) delivery estimates are just that: they are not guaranteed delivery dates and should not be relied on as such. As we process your order, we shall inform you by email if any Products that you order turn out to be unavailable.
For Physical Products and Store Services, we shall in each case send you an email (a “Dispatch Confirmation“) to your Member email address confirming the date on which the Product has been dispatched to you (or, in the case of a Store Service, will be supplied).
For Download Products, the Order Confirmation will confirm when the Product will be available for download and activation by you from the Store. Download instructions will be contained in the Order Confirmation.
In order to access and download Download Products, you will need to have access to the internet and the Site with sufficient bandwidth to download the Products to your computer. You are responsible for all costs associated with accessing the Site and downloading Products and for making sure that your hardware meets the minimum requirements for the operation of any software Products. Please note that it may not be possible to download a Download Product if there are problems temporarily affecting the Site or the servers on which the relevant data are stored.
Some Products may be pre-ordered, but will not be dispatched, made available for download or supplied until after a scheduled release date (which we reserve the right to modify). If such release date is postponed by longer than 30 days, you will be entitled to cancel your order by giving us written notice by email or any other communication options provided on the Site, including our online cancellation form.
2.6.2 Product availability
While we shall make reasonable efforts to supply you with the Products on the Order Confirmation or Dispatch Confirmation, there may be occasions where we are unable to supply such Products. This may be as a result of: (a) the Products’ non-availability, even though we placed sufficient orders with our suppliers in time; (b) a pricing error on the Store, if such error entitles us under applicable law to cancel the Supply Contract and we so cancel the order without undue delay after discovering such error; or (c) other legal reasons that require us to withdraw the Products from sale. In this situation we shall contact you by email sent to your Member email address. If we cannot agree an alternative arrangement with you, we shall cancel your order in relation to the Products that we cannot supply, inform you of this by email and, if you have already paid for the relevant Products, refund the full amount that you have already paid us for those Products (including any delivery costs charged).
If the Site states that a Product is temporarily out of stock, the Product is not then in stock but may (at our discretion) be available for ordering. If you are able to place an order, we shall send you an Order Confirmation with the expected delivery date as soon as we have that information. If the Site states that a Product is currently unavailable, the Product is not then available for ordering, in which case we shall not know when or if the Product will be in stock again. If we decline to accept your order because a Product is not available, we may (at our discretion) email you to inform you that the Product is out of stock and then, if and when the Product is back in stock, email you to notify you that the Product is available again.
Products will not be delivered to any address outside a Serviced Country. The address must be the billing address (which must be in a Serviced Country) for your payment method as indicated on your Order Confirmation.
2.6.3 Late delivery
If we miss a confirmed (rather than estimated) deadline for delivery for any Physical Products, you may cancel your order straightaway if: (a) we have refused to deliver the Products; (b) delivery within the confirmed delivery deadline was essential (taking into account all the relevant circumstances); or (c) you specifically informed us before we accepted your order that delivery within the delivery deadline was essential. In that case, if you do not wish to cancel your order straightaway (or you do not have the right to cancel for such a missed confirmed deadline), you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
If you choose to cancel your order for late delivery of Physical Products under this section 2.6.3:
- You can do so for some or all of the Products, unless splitting them up would significantly reduce their value.
- If the Products have been delivered to you, you will need to return them to us or allow us to collect them, and we shall pay for the costs of this. After you cancel your order, we shall refund any sums that you have paid to us for the cancelled Products and their delivery.
2.7 Risk and title
Unless you validly exercise your right to cancel the relevant Supply Contract (as explained in section 2.9 below), Physical Products will be at your risk from the time of delivery to you (or, if relevant, to a carrier organised by you to collect them from us) and Download Products from the completion of download. Ownership of Physical Products and the right to download Download Products or to receive Store Services will only pass to you when we receive all sums payable in relation to them, including any delivery charges.
Unless otherwise specified in the Order Confirmation, Physical Products will be shipped by standard postal delivery and are not capable of being tracked.
2.8 Pricing and payment
The price of any Products will be as quoted from time to time on the Store, except in cases of obvious error.
All Product prices are inclusive of any applicable taxes (including VAT or GST). If, however, the rate of VAT or GST changes between the date of your order and the date of delivery, we shall adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT or GST takes effect.
All Product prices exclude additional transaction fees and delivery charges, which will, before you place your Order, be indicated to you during the check-out process on the Store and added to the total amount due.
You may pay for Products by the methods of payment displayed on the payment page of the Store from time to time. No other methods of payment will be accepted. Payment will be in the currency indicated on the payment page of the Store.
Product prices, transaction fees and delivery charges are liable to change at any time, but such changes will not affect orders for which we have already sent you an Order Confirmation.
It is possible that, despite our reasonable efforts, some Products on the Store may be incorrectly priced. If, in such a case, the actual price of a Product is higher than that which is incorrectly displayed on the Store at the time when you place your order, we shall contact you as soon as possible to inform you of this error and we shall give you the option of (a) continuing to buy the Product at the correct price or (b) cancelling your order. In that case we shall not process your order until we have your instructions. If we cannot contact you using the contact details that you provided during the order process, we shall treat the order as cancelled and notify you in writing.
If the actual price of a Product is lower than that which is incorrectly displayed on the Store at the time when you place your order, we shall supply that Product to you at the correct lower price. If, for pre-ordered Products, the actual price reduces by the date on which your order is dispatched (in the case of Physical Products), made available for download (in the case of Download Products) or supplied (in the case of Store Services), you will be charged the reduced price as at such date.
You will need to supply your payment method details when you place your order. Payment for Products and all relevant delivery charges is in advance. Your payment method will be charged just before your order is dispatched, made available or (as applicable) supplied. No orders will be fulfilled until your payment method supplier has authorised the use of your payment method for payment.
2.9 Cancellation and refunds
- The information on your cancellation right set out in this section 2.9 is only valid if you are a resident of any such country.
- Cooling-off period. If you are contracting with us as a consumer, then, subject to the provisions of this section 2.9, you may cancel any Supply Contract for a Product ordered from us at any time from the date of conclusion of the Supply Contract (i.e. the date on which we send you the Order Confirmation) until the end of the period of 14 days after:(a) in the case of a single Physical Product (which is not delivered in instalments on separate days, nor ordered as one of multiple Physical Products): the date on which you received the Product; or(b) in the case of an order for multiple Physical Products to be delivered on separate days (or an order for a Physical Product to be delivered in instalments on separate days): the date on which you received the last of such multiple Physical Products (or the last such instalment); or(c) in the case of an order for a regular delivery of a Physical Product over a set period: the date on which you received the first such delivery; or
(d) in the case of a Download Product: the date on which we notify you that the Download Product is available for download from the Store; or
(e) in the case of a Store Service: the date of entering into the Supply Contract with us for the provision of the Store Service.For customers resident in Norway, however, each date described in paragraphs (a) to (e) of the preceding sentence shall instead be the date on which you receive notice of your cancellation right. References in these Terms to “your receipt” of Physical Products (or equivalent expressions) include, where relevant, receipt by a third-party recipient that you have nominated to receive the Products concerned (other than our carrier).
- Refunds for cancellation. If you validly exercise your cancellation right in accordance with this section 2.9, we shall refund you:(a) the price that you paid for the relevant Product(s); and(b) any delivery costs that you have paid.We are, however, permitted by law:
(i) to reduce your refund for any Physical Product(s) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way that would not be permitted in a shop; and
(ii) to be paid for any Store Service to the extent supplied to you before the time at which we are informed of your decision to cancel, as long as you had, when placing your order, expressly requested us to supply the Store Service during the cancellation period and accepted that you would have to pay a price for the Store Service proportionate to the extent that the Store Service is provided to you before such time of cancellation
Further, as permitted by law: (A) the maximum refund of delivery costs will be the costs of delivery by the least expensive delivery method that we offer (as long as this is a common and generally acceptable method); and (B) you shall, for a Physical Product, be responsible for the cost of returning the Product to us.To the fullest extent permitted under law, a refund of the purchase price and our delivery cost shall be the maximum extent of our liability in respect of the cancellation of the Supply Contract in question.
- Refund timescale. We shall process any such refund due to you as soon as possible and, in any case, within 14 days after:(a) in the case of a Physical Product (where we have not offered to collect it from you): the date 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; or(b) in the case of a Physical Product (where you have not received it, or where you have received it but we have at our sole discretion offered to collect it from you): the date on which you inform us of your decision to cancel the Supply Contract; or(c) in the case of a Download Product or a Store Service: the date on which you inform us of your decision to cancel the Supply Contract.
- How to cancel. To cancel an order, you must let us know of your decision to cancel. You can do so by giving us any clear statement of your decision to cancel (and doing so before the end of the cooling-off period), including by completing and submitting the model cancellation form. You may also use our online cancellation form and submit it to us online, in which case we shall email you to confirm that we have received your cancellation. Otherwise, please see our contact details at the end of these Terms, and please include details of your order to help us to identify it. If you send us a cancellation notice in written form, your notice of cancellation is effective if, at the latest, it is in the last post (or sent electronically) before the end of the cooling-off period.
- Return arrangements. Where we have supplied a Physical Product to you further to your order, then (unless we have at our sole discretion offered to collect it from you) you must send the Physical Product to us (or hand them over to us) at the address stated at the end of these Terms, without undue delay and in any event within 14 days after the date on which you inform us of your decision to cancel the Supply Contract. The return of any Physical Product under this section 2.9 shall be solely at your own cost and risk. If the Physical Product cannot be returned by post, we estimate that if you use the carrier that delivered the Product to you, the costs should not exceed the amounts that we charged you for delivery. If we agree at our sole discretion to collect any Physical Product from you, we reserve the right to charge you for our direct cost of collection. You are legally obliged to take reasonable care of any Physical Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
- Loss of cancellation rights. In any event, you acknowledge that you cannot cancel a Supply Contract (nor return a Product and claim a refund) if:(a) the Product is a Physical Product that (i) is made to your specifications or clearly personalised or (ii) consists of sealed video games, sealed computer software or sealed audio or sealed video recordings and you unseal (e.g. remove the shrink-wrapping from) the Product after receiving it; or(b) in the case of any Product consisting of digital content (e.g. a Download Product) that is not supplied on a tangible medium (e.g. a CD, DVD or cartridge), you have started downloading the Product or otherwise used an activation code or other means required to access and use the Product, as long as: (i) you had expressly accepted when you placed your order that (A) we could start to supply the digital content during the cancellation period and (B) you could not cancel the Supply Contract once supply of the digital content had started; and (ii) we have confirmed your acceptance to you in confirming the Supply Contract (e.g. in the Confirmation Order); or(c) in the case of a Store Service, we have fully performed the Store Service, as long as you had expressly accepted when you placed your order that (i) we could start to provide the Store Service during the cancellation period and (ii) you could not cancel the Supply Contract once we had fully provided the Store Service.
- Your rights as a consumer. Details of your statutory cancellation right, and an explanation of how to exercise it, will be provided in the Order Confirmation. Nothing in these Terms affects your rights as a consumer under law. In particular, as a consumer, you have legal rights in relation to Products that are defective or not as described. Those legal rights are not affected by your right of return and refund in this section 2.9.or anything else in these Terms. Advice about your legal rights may be available from your local citizens’ advice bureau, trading standards office or equivalent organisation.
2.10 Other refund requests
If you return a Product to us for any reason other than cancellation under section 2.9 above (for instance, because you consider that the Product is defective or mis-described), we shall examine the returned Product and, where you are entitled to a refund, notify you of such entitlement via email within a reasonable period of time. We shall usually process any such refund due to you as soon as possible and, in any case, within 14 days after the day on which we confirmed to you via email of your entitlement to a refund. We shall refund the price of a defective Product in full, including any applicable delivery charges and any reasonable costs that you incur in returning the Product to us.
When processing any refund to you under these Terms, we shall refund any money received from you using the same method originally used by you to pay for your purchase, unless you expressly agree otherwise. If you used vouchers to pay for the Product, we may refund you in vouchers. For Users resident in New Zealand, we shall comply in all respects with our obligations under the Consumer Guarantees Act 1993.
2.11 Import charges and export restrictions
When Products are ordered from the Store for delivery outside Australia, there may be import duties, taxes or levies imposed when the delivery reaches the specified destination. We have no control over these charges and cannot predict their amount. You are responsible for the payment of any and all such charges. We recommend that you contact your local customs office for further information on what these charges may be before you place your order.
By ordering Products, you warrant and undertake that you are not located in any country, nor will you export any Products to any person or place, to which the European Union or any European Union member state has embargoed goods.
You must comply with all applicable laws and regulations of the country for which the Products are destined. We shall not be liable for any breach by you of any such laws.
2.12 Written communications
Applicable laws require that some of the information or communications that we send to you should be in writing. By registering as a Member and placing orders via the Store, you accept that communication between you and us will be mainly electronic. We shall contact you by email to the email address provided by you when you register as a Member or provide you with information by posting notices on the Store. For contractual purposes, you agree to these electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This section 2.12 does not affect your rights under applicable laws.
3.1 Special categories of Product
3.1.1 JaggedGames Software
Certain Products comprise computer software that has been developed by or under licence from JaggedGames (including any software made available as part of a Store Service and any updates or other patches for any such software) (“Software“).
Such Software may be supplied with a limited warranty whose terms are contained in the End User Licence Agreement accompanying such Software (or in the case of a software update or patch, the End User Licence Agreement accompanying the original software product) (“EULA“). Please refer to the terms and conditions of the relevant EULA for further details.
Your right to download, install and otherwise use any Software under licence is governed by and subject to the terms and conditions of any applicable EULA. You must accept the terms of the EULA in order to be able to install such Software and to use it lawfully. If you do not wish to be bound by the terms and conditions of the EULA, do not install the relevant Software.
In any case where you are not required to accept the provisions of a EULA, you are granted a limited, personal, non-sublicensable, non-exclusive licence to use the Software concerned solely for your private non-commercial use on a single personal computer or mobile device. Such licence is non-transferable where the Software has been supplied to you as a Download Product or Game. If the Software is supplied to you as part of a Physical Product, such licence is transferable with the Product. All other rights attaching to the Software are reserved absolutely by the respective licensors of the Software.
You agree not to modify, decompile, disassemble, reverse-engineer any Software unless and then only to the extent permitted by a mandatory provision of applicable law. Unauthorised use of software may be an infringement of copyright and be liable to civil and criminal sanctions.
Software may be subject to United Kingdom export controls, and export controls of other jurisdictions. By purchasing Software from JaggedGames, you warrant that you are not located in any country, or exporting Software to any person or place, to which the European Union or any other jurisdiction has embargoed goods.
Software may include technological measures that are designed to prevent unlicensed or illegal use of the Software. You agree that we may use such measures, and that you will follow the requirements regarding such technological measures as may be described in the EULA or any other documentation accompanying the Software.
In order to be able to install your copy of the Software on another personal computer (to the extent that such transfer and reinstallation is permitted by the terms of the applicable EULA), you may be required to reactivate the Software using a software activation code that accompanied the Product when delivered to you or which is otherwise made available to you at the time of download (in the case of a Download Product). Please keep the activation code in a secure place, as we do not guarantee that we can send you a new activation code in the event it is lost and are under no obligation to provide one. Moreover, your right to install and reactivate the Software on a different computer may be subject to a maximum number of reactivations described either in the EULA or other documentation accompanying such Software.
By downloading or installing any Software, you accept: (a) the existence and use of digital rights management software (“DRM“), including the downloading of copy protection software and certain DRM data and licence information which may or may not be uninstalled if you uninstall the Software; and (b) the possibility of limits on your use of such Software to a set number of computers with a maximum number of activations per computer or in total (both such limits being set by us, which may be different for different software Products).
3.2 Limitation of liability
3.2.1 Safety information. YOU ARE STRONGLY ADVISED TO READ AND ADHERE TO THE GUIDANCE AND WARNINGS CONTAINED IN THE SAFETY INFORMATION CONCERNING THE USE OF PRODUCTS. A COPY OF THE SAFETY INFORMATION CAN BE FOUND AS PART OF THE PRODUCT DOCUMENTATION.
3.2.2 Software. For any Software purchased by you from the Store that is subject to a EULA, such EULA sets out the extent of our warranties and our entire liability with respect to such Software and the physical media (if any) on which such Software is supplied. To the extent of any inconsistency between the provisions of any such EULA and these Terms, the provisions of the EULA shall prevail.
For any Software that is not subject to a EULA, our liability to you with respect to such Software is as set out below.
3.2.3 For customers resident in the United Kingdom,France,Switzerland, Italy, Spain, Denmark, Norway, Sweden, Finland, Australia or New Zealand:
- The limitation of liability set out in this section 3.2.3 applies only if you are a resident of any such country. Subject to section 3.2.2, unless and to the extent only that the following exclusions are incapable of exclusion by applicable law, the Site and all its features (including any Products, the Store or other Services) are used by you at your risk and are provided on an “as is” and “as available” basis without any guarantees, warranties, representations, terms or conditions of any kind (whether express or implied by legislation or operation of law).
- To the fullest extent permitted by law:
- we do not guarantee nor do we make any warranties or representations that the Site, the Store, Products or any other Service will be available at all or at any times or that it will be error-free, uninterrupted or secure;
- we shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it;
- JaggedGames expressly disclaims all warranties, representations, terms and conditions of any kind (express or implied), including any implied warranties, terms or conditions of merchantability, fitness for purpose, satisfactory quality, title, non-infringement of intellectual property and other third-party rights in relation to the Site or any Products or other Services or activities sold, supplied or otherwise made available by JaggedGames;
- neither JaggedGames nor any of its affiliates, licensors, suppliers, successors and assignees or its or their respective officers, employees, agents or contractors shall be liable to you for any indirect, special or consequential loss that is suffered or incurred by you in connection with the performance (or non-performance) of any Supply Contract (or with your use of, or inability to use, the Site or any Services, any websites linked to it and any materials posted on it),that was not foreseeable to both you and us when the Supply Contract was concluded, and that falls within any of the following categories:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill; and/or
- wasted management or office time;
- no JaggedGames Party shall be liable for any damage to your equipment or any computer software or system or loss of data that may result from your download, installation and/or use of any third-party material or software, nor do we endorse, warrant or guarantee any third-party product or service, nor will we be a party to (or in any way be responsible for monitoring) any transaction between you and third-party providers of products or services; and
- we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a User in contravention of our content standards, whether the Service is moderated or not.
- Despite the preceding provisions of this section 3.2:
- Some states or jurisdictions may not allow the exclusion or limitation of certain warranties or conditions. Where that is the case (and to such extent), the exclusions and limitations of liability in these Terms may not apply to you.
- Nothing in these Terms in any way limits our liability to you for: (1) death or personal injury caused by our negligence; (2) fraud or fraudulent misrepresentation; (3) any deliberate repudiatory breaches of these Terms or of any Supply Contract by us; (4) any loss or damage (whether financial or otherwise) that is a direct and foreseeable result of any breach of these Terms or of any Supply Contract on our part (and for this purpose, loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time of concluding the contract); (5) any breach by us of any warranties, terms or conditions implied into these Terms or any Supply Contract by applicable law, including any such implied term of title and quiet possession, correspondence with description, satisfactory quality, fitness for purpose and/or correspondence with samples; and/or (6) any other liability (such as gross negligence or wilful misconduct) to the extent that such liability cannot be excluded or limited under applicable law.
- NOTHING IN THESE TERMS AFFECTS YOUR RIGHTS AS A CONSUMER UNDER LAW. If you would like information on such rights, you should contact your local citizens’ advice bureau, trading standards office or equivalent organisation
- ONLY FOR CUSTOMERS RESIDENT IN FRANCE:Despite the above provisions, we shall guarantee any lack of conformity of the Product and any latent defect, as provided for in articles 1641 to 1649 of the French civil code.Article L. 211-4 of the French consumer codeThe seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity that exists on delivery.
It is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if it assumed responsibility therefor or had it carried out under its responsibility.
Article L. 211-5 of the French consumer code
In order to conform to the contract, the product must:
- be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or its representative, including advertising and labelling; or
- have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L. 211-12 of the French consumer code
Action resulting from lack of conformity lapses two years after delivery of the product.
Article 1641 of the French civil code
A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a reduced price for it, had he known of them.
Article 1648 of the French civil codeThe action resulting from the defects giving rise to the right to cancellation must be brought by the buyer within a period of two years following the discovery of such defect.
- be suitable for the purpose usually associated with such a product and, if applicable:
3.2.4 For customers resident in Germany, Austria and Portugal:
The limitation of liability set out in this section 3.2.4 applies only if you are a resident of Germany, Austria or Portugal. We shall only be fully liable for damages if they were caused by grossly negligent or intentional acts by us, our employees, agents and/or officers. In the event of simple negligence, we are fully liable for personal injuries and death. In the event of a breach of contractual obligations caused by simple negligence which the customer could trust not to be breached and which are essential to the performance under these Terms, our liability is limited to the typical foreseeable damages. The liability according to the German, Austrian or Portuguese Product Liability Act remains unaffected. In all other cases of simple negligence, liability is excluded. Where liability is excluded or limited, it shall also be limited or excluded for our employees, agents and officers.
You agree to reimburse JaggedGames (as defined in section 3.2 above) in full for the amount of any and all claims, proceedings, actions, demands, damages, losses, liabilities, costs and expenses suffered or incurred by such case as a result of or in connection with: (a) any breach of any of your obligations, warranties, representations or undertakings under the Site Terms; and/or (b) any illegal use of your Membership or Account by any person(s).
3.4 Third-party software, links and data
3.4.1 Third-party software. We are not responsible for any technical or other issues that may arise if you download and use any third-party software, whether made available via the Site or from an external third-party website.
3.4.2 Links. We are not responsible for any links to external third-party websites or pages of or content contained in or made available via any such third-party website (including links to personal profiles, user groups or videos on social networking or video upload sites) that may be provided on the Site by us or by you or any other User who posts any such link on the Site. Such links do not constitute endorsements by JaggedGames. We have no control over the content of linked websites and make no warranties or representations about third-party websites or goods or services offered on or via third-party websites.
You may link to the home page of the Site only, as long as you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms.
3.4.3 Third-party data. We are not responsible for any data provided by third-party data feeds available via the Site. We have no control over the content provided by such third-party data feeds and make no warranties or representations about such data or data-feed services.
3.5 Advertising and sponsorship
The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with applicable laws, codes and regulations. We cannot guarantee that such advertising or sponsorship material will be free of errors or inaccuracies.
3.6 Competitions, prize draws and promotions
We may from time to time run competitions, free prize draws and/or other promotions on the Site. These will be subject to additional terms and conditions that will be made known to you at the relevant time.
3.7 Suspension and termination
We may, at our sole discretion, suspend or terminate the provision of any part of the Site or any Service or restrict your access to it without any prior notice to you and without any further formality where (by way of example and without limitation): (a) we reasonably consider that you are misusing the Services or are otherwise acting in breach of any of the Service Terms; (b) there is a regulatory or statutory change limiting our ability to provide such part of the Site or such Service; and/or (c) any event (such as a technical difficulty, capacity problem or communications failure) beyond our reasonable control prevents us from continuing to provide such part of the Site or such Service. No such suspension or termination on ground (b) or (c) will affect any entitlement to a refund that you may have under any Supply Contract or under applicable law.
3.8 Events beyond our control
We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Supply Contract that is caused by any event, act, omission or circumstance beyond our reasonable control (“Event Beyond Our Control“). An Event Beyond Our Control includes any strike, lock-out or other industrial action (other than by JaggedGames staff), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks (including the world wide web) and the acts, decrees, legislation, regulations or restrictions of any government).
Our performance of any Supply Contract is deemed to be suspended for the period that the Event Beyond Our Control continues, and we shall have an extension of time for performance for the duration of that period. We shall use reasonable endeavours to bring the Event Beyond Our Control to a close or to find a solution by which our obligations under the Supply Contract may be performed despite the Event Beyond Our Control. If we are prevented from, or delayed in, performance of any Supply Contract by any Event Beyond Our Control for a continuous period of more than 30 days, either party may terminate such Supply Contract with immediate effect on written notice, in which case neither party shall have any liability to the other party (but without affecting any rights and remedies that arose before such termination).
3.9 Changes to these Terms
We reserve the right to make changes to any part of the Site or any Service and/or to these Terms from time to time. We shall notify you of any changes to these Terms by posting the modified Terms on the Site (including the date on which these Terms were last modified). If you use the Site after we have posted such changes, you will, by continuing to use the Site, be agreeing to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, you should not continue to use the Site.
For each Supply Contract,the version of these Terms in force at the time when you order the relevant Products from us will apply to the Supply Contract, unless: (a) any change to these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you); or (b) we notify you of any changes to these Terms before we send you the Order Confirmation (in which case we shall assume that you have accepted such changes, unless you notify us to the contrary within the cooling-off period, as set out under section 2.9 above).
If, after concluding the Supply Contract, we need to change these Terms as they apply to the Supply Contract, we shall contact you to give you reasonable advance notice of the changes and let you know how to cancel the Supply Contract if you are not happy with the changes. You may cancel either for all the affected Products or just the Products that you have yet to receive. If you choose to cancel, you will need to return (at our cost) any relevant Products that you have already received and we shall arrange a full refund of the price that you have paid, including any delivery charges.
3.10 Other important terms
Notices. Except as otherwise specified in these Terms, all notices given by you to us must be given to us at the web or postal address set out in section 3.11 below. We may give notice to you at either the email or postal address that you provide to us when registering as a Member or Registered User or by posting notices on the Site. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or five days after the date of posting of any letter (whichever occurs first). In proving service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
Assignability. You may not assign, sub-license or otherwise dispose of any of your rights under these Terms. Without limiting the foregoing, any Supply Contract is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of any Supply Contract (or any of your rights or obligations under it) without our prior written consent.
Entire agreement. These Terms (including all provisions incorporated by reference in these Terms) contain the entire agreement, and supersede any previous agreement (whether oral or written), between JaggedGames and you in relation to the subject-matter of these Terms, including for the purposes of each Supply Contract. Nothing in these Terms shall limit or exclude any liability for fraud.
Prevalence. Except as otherwise specified in these Terms, in the event of any inconsistency between the provisions set out in these Terms and any other terms and conditions referred to in these Terms, the provisions set out in these Terms shall prevail. For this purpose, however, an omission (whether deliberate or inadvertent) shall not be understood as giving rise to an inconsistency.
No partnership etc. No partnership, joint venture, agency or employment relationship is intended or created by these Terms.
Third-party rights. These Terms are not intended to confer, and do not confer, any rights or remedies on any person other than the parties to these Terms, except that any JaggedGames Party may enforce any right or remedy expressly conferred on such JaggedGames under these Terms.
Non-waiver. Failure by either party to insist on strict performance of, or to exercise any right or remedy under, these Terms or any Supply Contract shall not constitute a waiver of that right or remedy and shall not relieve the defaulting party from compliance with such party’s obligations. A waiver by either party of any default shall not constitute a waiver of any subsequent default. No waiver by either party shall be effective unless it is expressly stated to be a waiver and is notified to the other party in writing in accordance with section 3.11 below.
Severability. If any provision(s) of these Terms or of any Supply Contract is found to be invalid, unlawful or unenforceable by any court or other authority of competent jurisdiction, the remaining provisions will continue to be valid, lawful and enforceable to the fullest extent permitted by law.
Governing law and jurisdiction. Except to the extent otherwise required by applicable law (for example, to give effect to your rights as a consumer under the law of the country in which you are resident), these Terms, each Supply Contract and any related dispute or claim (contractual or non-contractual) shall be governed by, and interpreted in accordance with, English law and subject to the non-exclusive jurisdiction of the English courts. We reserve the right to bring any action(s) in any other court(s) of competent jurisdiction.
3.11 Contact us
If you have any queries concerning any of these Terms, our Products or your order, please contact our support service:
- at this web address http://www.jaggedgames.com/.