|| Please read these terms and conditions
carefully before using the web site operated by Jade Games Limited
(‘Jade’, ‘we’ or ‘us’). In particular,
we draw your attention to clauses 8 (Applicability of online materials)
and 12 (Liability). By clicking on the ‘I Accept’ button
at the bottom of these terms and conditions accessing or using this
website (‘our web site’) you agree to be legally bound
by these terms and conditions as they may be modified and posted on
our web site from time to time.
||Without prejudice to the above, by using
or accessing our web site, you agree to be legally bound by these
terms and conditions of use as they apply to your use of or access
to our web site.
||If you do not wish to be bound by these
terms and conditions then you may not use our web site.
||Nature of our web site
||Our web site is a place for you to select
and order versions of our game Outrage (the ‘Products’).
Our web site describes the Products in more detail.
|| Please note that you must be over 18 years
to purchase the Products, using the payment method displayed on our
|| Buying products on our web site
||To order a product you will need to follow
the ordering procedures set out here and on our order page. Details
of our prices for the Products, and the procedures for payment and
delivery are displayed on our web site.
||Any times or dates stated on our web site
for delivery are estimates only. Jade will make all reasonable effort
to deliver goods within the time specified, but does not accept liability
for any failure to deliver within that time.
||You must pay by credit or debit card at
the time of order. The price of any Product is the price in force
at the date and time of your order. We may change the price of any
Product before you place an order. We try to ensure that our prices
displayed on our web site are accurate but the price on your order
will need to be validated by us as part of the acceptance procedure
(see clause 3.4 below). We will inform you if a Product’s correct
price is higher than that stated in your order and you may cancel
the order and decide whether or not to order the product at the correct
||Jade is entitled to refuse any order placed
by you. If your order is accepted, we will confirm acceptance to you
by online electronic means (‘Confirmation’) to the email
address you have given us on registration or on ordering. The order
will then be fulfilled by the date set out in the Confirmation or,
if the Confirmation does not contain such a date, within 30 days.
||You undertake that all details you provide
to us for the purpose of purchasing goods or services which may be
offered by us on our web site will be correct, that the credit or
debit card, which you use is your own and that there are sufficient
funds or credit facilities to cover the cost of any goods or services.
We reserve the right to obtain validation of your credit or debit
card details before providing you with any goods or services.
||You may return any Products you have purchased
within 7 working days of delivery for any reason (including if you
simply change your mind). To do so you must notify us in writing or
other durable medium (including email) within those 7 working days.
You will then be entitled to a refund from Jade, which will be paid
as soon as possible, but in any event within 30 days. You must arrange
for and pay the costs of returning the Products to Jade – on
request, we will collect the Products from you, but the cost of this
will be charged to you and we may deduct this from the refund. While
in your possession, you must keep any Products you intend to return
to us in good condition.
Jade will, at its option, deliver to you a replacement Product or
refund to you the price paid and your reasonable costs of returning
- the Product delivered is not what you ordered (including any
Substitute Products), or does not correspond with its description;
- the Product delivered is not of a satisfactory quality.
|| If you have any complaints, you should
direct them to us via email at email@example.com
or by post at Jade Games, 7 Unit Road, Ainsdale, Southport, PR8 3NL
||Modifications to web site
We reserve the right to alter, suspend or discontinue any aspect of
our web site or the content or services available through it, including
your access to it. Unless explicitly stated any new features including
new content and/or the sale of new Products shall be subject to these
terms and conditions.
|| Information you provide
||The following applies to any information
you provide to us, for example during any registration or ordering
- You authorise us to use, store or otherwise process any personal
information which relates to and identifies you, including but
not limited to your name and address, to the extent reasonably
necessary to provide the services which are available through
our web site by us or our sub-contractors. If you obtain or choose
to buy Products through our web site then we may collect information
about your buying behaviour and if you send us personal correspondence
such as e-mails or letters then we may collect this information
into a file specific to you (together, the various purposes set
as ‘the Purposes’). All such information collected
by us shall be referred to in these terms and conditions as ‘Personal
- You must ensure that the Personal Information you provide is
accurate and complete and that all ordering or registration details
(where applicable) contain your correct name, address and other
requested details. For more information about how we deal with
your Personal Information, please read our privacy
|| By accepting these terms and conditions,
you agree to the processing and disclosure of the Personal Information
for the Purposes. You also agree that the Purposes may be amended
to include other uses or disclosures of Personal Information following
notification to you by means of a notice on our web site, which you
should check regularly. If you would like to review or modify any
part of your Personal Information then you should email us at firstname.lastname@example.org.
You are solely responsible in all respects for all use of and for
protecting the confidentiality of any username and password that may
be given to you or selected by you for use on our web site. You may
not share these with or transfer them to any third parties. You must
notify Jade immediately of any unauthorised use of them or any other
breach of security regarding our web site that comes to your attention.
|| Applicability of online materials
||Unless otherwise specified the materials
published on our web site are presented solely for your private, personal
and non-commercial use.
||Our web site is controlled and operated
by us from our offices in 7 Unit Road, Ainsdale, Southport, PR8 3NL,
||We have used our best endeavours to ensure
that our web site complies with UK law. However, we make no representations
that the materials on our web site are appropriate or available for
use in locations outside the United Kingdom.
||Jade makes no warranties, express or implied
that making the Products available in any particular jurisdiction
outside the UK is permitted under any applicable non-UK laws or regulations.
Accordingly, if making the Products or any part available in your
jurisdiction or to you (by reason of nationality, residence or otherwise)
is prohibited, those Products are not offered for sale to you. You
accept that if you are resident outside the UK, you must satisfy yourself
that you are lawfully able to purchase the Products. Jade accepts
no liability, to the extent permitted by applicable law, for any costs,
losses or damages resulting from or related to the purchase or attempted
purchase of the Products by persons in jurisdictions outside the UK
or who are nominees of or trustees for citizens, residents or nationals
of other countries.
||Copyright and monitoring
The contents of our web site are protected by international copyright
laws and other intellectual property rights. The owner of these rights
is Jade or other third party licensors. All product and company names
and logos mentioned in our web site are the trade marks, service marks
or trading names of their respective owners, including us. You may
download material from our web site for the sole purpose of placing
an order with Jade or using our web site as a shopping resource. However,
you may not modify, copy, reproduce, republish, upload, post, transmit
or distribute, by any means or in any manner, any material or information
on or downloaded from our web site including but not limited to text,
graphics, video, messages, code and/or software without our prior
written consent, except where expressly invited to do so, for example
in order to complete any test or questionnaire.
Jade make no representations whatsoever about any other web sites
which you may access through our web site or which may link to our
web site. When you access any other web site you understand that it
is independent from Jade and that we have no control over the content
or availability of that web site. In addition, a link to any other
site does not mean that Jade endorses or accepts any responsibility
for the content, or the use of, such a web site and shall not be liable
for any loss or damage caused or alleged to be caused by or in connection
with use of or reliance on any content, goods or services available
on or through any other web or resource. Any concerns regarding any
external link should be directed to its web site administrator or
||Availability of our web site
We will try to make our web site available but cannot guarantee that
our web site will operate continuously or without interruptions or
be error free and can accept no liability for its unavailability.
You must not attempt to interfere with the proper working of our web
site and, in particular, you must not attempt to circumvent security,
tamper with, hack into, or otherwise disrupt any computer system,
server, web site, router or any other internet connected device.
||We promise that for any Product you purchase
from our web site:
We also promise that any service we provide to you will be provided
with reasonable skill and care.
- we have the right to sell the Product to you;
- the Product will correspond with the description we have given
to you; and
- the Product will be of satisfactory quality.
We exclude all other express or implied terms, conditions, warranties,
representations or endorsements whatsoever with regard to the products,
our web site or any information or service provided through our web
We will do our best to ensure that all materials and information published
on our web site are accurate, but please note that all materials and
information on our web site are provided on an ‘as is’
|| In relation to the purchase of Products,
we accept no liability for any indirect or consequential loss or damage,
or for any loss of data, profit, revenue or business (whether direct
or indirect), however caused, even if foreseeable. In circumstances
where you suffer loss or damage arising out of or in connection with
the viewing, use or performance of our web site or its contents other
than as a direct result of purchasing Products, we accept no liability
for this loss or damage (except where we have been negligent) whether
due to inaccuracy, error, omission or any other cause and whether
on the part of Jade or our servants, agents or any other person.
|| If we are liable to you for any reason,
our liability will be limited to the amount paid by you for the Product
concerned. This limit does not apply to any liability we may have
for death or personal injury resulting from our negligence.
||You are responsible for ensuring that your
computer system meets all relevant technical specifications necessary
to use our web site and is compatible with our web site. You also
understand that we cannot and do not guarantee or warrant that any
material available for downloading from our web site will be free
from infection, viruses and/or other code that has contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and virus checks (including anti-virus and other security
checks) to satisfy your particular requirements for the accuracy of
data input and output.
||The limitations and exclusions in this
clause do not affect your non-excludable statutory rights and only
apply to the extent permitted by applicable law.
||We may assign, novate or subcontract any
or all of our rights and obligations under these terms and conditions
at any time.
||We may alter these terms and conditions
from time to time and post the new version on our web site, following
which all use of our web site will be governed by that version. You
must check the terms and conditions on the web site regularly.
||These terms and conditions together with
if any, are the whole agreement between you and Jade. You acknowledge
that you have not entered into this agreement in reliance upon any
warranty or representation made by Jade or any other person and you
waive any rights to damages/rescission you may have for misrepresentation
(other than a fraudulent misrepresentation) that is not contained
||If any provision or term of these terms
and conditions shall become or be declared illegal, invalid or unenforceable
for any reason whatsoever, such term or provision shall be divisible
from the other terms and conditions and shall be deemed to be deleted
||These terms and conditions and your use
of our web site are governed by English law and you submit to the
non-exclusive jurisdiction of the English court.
||Neither you nor Jade will be held liable
for any failure to perform any obligation to the other due to causes
beyond your or Jade’s respective reasonable control.
|| Failure by either party to exercise any
right or remedy under this agreement does not constitute a waiver
of that right or remedy.
||All notices shall be given:
Notice will be deemed received when an email is received in full (or
else on the next business day if it is received on a weekend or a
public holiday in the place of receipt) or 3 days after the date of
- to us via email at email@example.com;
- to you at either the e-mail or postal address you provide during
any ordering process.
These terms and conditions replace all other terms and conditions
previously applicable to the use of our web site and/or sale of the