Terms and Conditions - Download Games

Terms & Conditions

The following forms the terms and conditions between you and GetGames for the use of this website and the purchase of goods for your own private use. It is in addition to your statutory rights. We have written this in plain English and this document is part of our commitment to providing total customer satisfaction. If you would like to comment or are unsure about any aspect of these conditions or any other part of our website, then please let us know - we will be pleased to provide prompt assistance.

Contact details can be found on the Contact Us page.

INFORMATION ABOUT OUR PRODUCTS

We will provide honest, clear, legal and decent information and advertising about the products we have for sale. All such material meets the conditions of the British Codes of Advertising and Sales Promotion (which you can see at www.asa.org.uk) and we will comply with any rulings given by the ASA on any complaints raised with them.

We will not advertise for sale any product that we do not genuinely believe to be available as advertised. If the release date of a product changes, we will show this change on our website promptly and, if practical, let you know if you have already placed an order for it.

When making available any gift certificates, vouchers, discounts or special offers to you we will clearly say if any restrictions apply. The specifications of each product will include details of any specific technical requirements needed in order to operate it correctly. Please make sure that you have checked these requirements before purchase.

PRICES/ORDERING AND DELIVERY

The prices of all goods on this website are in £, € and $ unless otherwise stated. Prices and offers remain valid on day of publishing only.

The methods of payment we accept are detailed on the website.

We will confirm any order you place with us through this website by e-mail promptly after your order is placed. This confirmation will include your name, the order or reference number and the total price being charged to you. No contract of sale will be deemed entered into between you and GetGames for the supply of any order until such confirmation is received by you. We will clearly show you at the point you place your order if any other charges will be added to the price of the goods.

We will provide you with a receipt for any goods purchased from us. We will promptly correct any mistakes in bills, receipts or payments that you tell us about and, at the latest, within 30 days of our agreement to do so.

We will only be held liable for any loss or compensation beyond the amount charged to you for any failure on our part to deliver goods ordered by you as the UK Sale of Goods Act 1979 makes provision for (in essence the difference in cost directly and naturally occurring from you purchasing the same goods elsewhere as a result of our failure to deliver).

In exceptional circumstances we reserve the right to refuse your order, in which case we will promptly notify you and tell you why.

SUPPORT

We provide free technical support on our download service. Details can be found in the Support section of this website.

The relevant publishers or manufacturers are better able to provide technical support on their games. This does not affect the guarantee offered above and in all cases we will take all reasonable steps to help you with anything supplied by us.

SECURITY, DATA PROTECTION AND PRIVACY

We are registered to hold your details and meet the conditions of the Data Protection Act 1988. We will not hold sensitive information about you or transfer information about you to third parties without your permission and on request we will promptly send you a copy of any details that we hold about you.

We will not send you advertising material if you do not want us to or send you e-mail if you have indicated you do not want us to. We have taken all reasonable steps to ensure that our website is secure and that all sensitive information transmitted through it is sent securely and held confidentially. Any third parties or agents that we may use to process this sensitive information on our behalf have also taken all reasonable security steps. The only exceptions to the above are where we may take appropriate and reasonable steps in the prevention of criminal and fraudulent activity.

CHILDREN

While our website is generally suitable for viewing by children and we welcome gaming enthusiasts both young and old equally, those under the age of 18 are not permitted to make any purchases from this site.

We will not accept registrations to our mailing list from anyone 13 years of age or less. If you are under 18 it is your responsibility to notify us of this so we can take appropriate steps. The law requires us to hold only limited information on minors.

CONSUMER LAW

We meet the obligations under the consumer protection laws currently in force in the United Kingdom including:

Sale of Goods Act 1979
Supply of Goods and Services Act 1982
Trade Descriptions Act 1968
Unfair Contract Terms Act 1977 and the 1999 Regulations
Consumer Protection Act 1987
Data Protection Act 1998

COMPLAINTS AND SOLVING DISPUTES

We will deal with complaints confidentially, efficiently and promptly. We will acknowledge any complaint within five working days. You may write directly to GetGames on any matter concerning our products or service. The address is on the Contact Us page.

YOUR COMMITMENT TO GetGames

You agree that you use this website at your own risk and accept it ‘as is’. You agree that you shall not hold GetGames or any of its employees or agents liable for any damage or loss however caused, whether due to GetGames’ negligence or otherwise.

You agree that you will only use this website for your own personal use and shall not copy or otherwise infringe the rights of GetGames or use this website for any illegal or unauthorised activity.

By using this website you agree to act in an honest and honourable manner in your dealings with us and that you are who you say you are. You agree to accept liability for any loss suffered by XXXX as a result of any fraudulent or unauthorised action deliberately caused or initiated by you.

HOW TO CONTACT US

Full details of how to contact us can be found on the Contact Us page

IF YOU ARE PURCHASING A DOWNLOAD PRODUCT FROM US THEN PLEASE READ THIS CAREFULLY – IT IS AN IMPORTANT LEGAL AGREEMENT

This End User Licence Agreement (EULA) is a legal contract between you (as an individual user) and GetGames for a software title, including but not limited to all accompanying media, manuals, printed and/or electronic or online documentation, updates or other additions (in its entirety referred to hereinafter as the "Software").

AGREEMENT

By installing, using or otherwise accessing the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms below then you should not install, use or otherwise access the Software.

COPYRIGHT & LICENCE

This Software is protected by copyright laws and international copyright treaties and may not be used except as permitted in this EULA. Please note that this Software is licensed, not sold. This licence is personal to you as the purchaser and only permitted user of the Software. You may not transfer the rights granted under this contract unless the person you are transferring the rights to agrees to accept the terms of this contract in full. In such case, GetGames shall have no further obligation whatsoever, including support beyond that given to the original purchaser. Only one licensee per authorised copy of this Software is allowed at any time.

ALLOWABLE USE

As a licensee of the Software, you may, subject to the conditions herein, install the software element of the Software ("Data") on to and use the same on a single computer that is under your control. Please note the limitation on liability and warranty exclusions detailed more fully in the relevant clause in the game’s EULA before use. The Software is provided in wrapped (protected) form. Before installing the Software you are required to unlock the software by connecting to a web server on a secure connection. The Software installer is bound to your computer hardware. If you change your hardware components or wish to transfer the Software to another computer you will need to unlock it on the new computer again by connecting to a Web server on a secure connection. Once the software has been unlocked you may install it an unlimited number of times on your computer as long as the hardware specifications do not change. In the case of Steam encrypted products you simply re-download the software and use the same Steam activation key.

You may not:

Load the Data onto more than one computer at a time. If you wish to transfer the Data from one computer to another, you must remove the entire Data from the first computer before you install it onto another.
Sub-licence, assign, rent, lease the Software (or activation key) or make or distribute copies of the Data, or any part thereof.
Re-sell activation keys purchased from this website.
Translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Data or any other part of the Software, except as permitted by law.
Make copies of the Software or its accompanying documentation, materials or any other part of the Software either in full or part for any reason.

OWNERSHIP OF SOFTWARE AND DATA

As a licensee you own only the medium on which the Software is recorded or stored. In all cases you only have a licence to use the Software and Data as permitted herein. The IP owner shall at all times retain ownership of the Data and all other elements of the Software.

WARRANTY ON USE

The Software, Data and any related documentation and material is provided "as is" without warranties of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement, so far as such exclusion or disclaimer is permitted under the applicable law. The entire risk arising out of use or performance of the Software and or Data remains with you. GetGames and its suppliers and agents expressly disclaim any warranty for the Software and or the Data and its use in any manner.

REFUNDS

Unfortunately, we are unable to keep track of installations, un-installations, removing or deleting downloadable software on customer’s PCs and therefore we are unable to issue refunds for downloadable products once the download link has been made available and/or any relevant activation key has been supplied. However, if you have a problem with your software, please contact our support team and if we can’t resolve the matter we will, of course, ensure that you aren’t paying for something that you can’t use.

LIABILITY

In no event shall GetGames or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, personal or business interruption, loss of information, or any other loss) arising out of the use of or inability to use the Software or Data, even if GetGames has been advised of the possibility of such damages. Because some territories and jurisdictions do not allow the exclusion or limitation of liability for certain types damages arising from negligence, the above limitation may not apply to you. In such cases our liability is limited to no more than the purchase price paid by you for the Software or in cases where liability is not permitted to be limited as such or liability shall be no more than as permitted under the applicable law.

TERMINATION

This EULA and the licence hereby granted to use the Software will automatically terminate if you fail to comply with the terms of this EULA or destroy the copies of the Software in your possession. In the event of termination you must destroy or delete all copies of the Software from all storage media on which you installed or used the Software and/or Data.

ENTIRE AGREEMENT

This EULA is to be the sole agreement between the parties for the use of the Software and Data and supersedes all prior agreements, understandings and representations (save for fraudulent misrepresentation), both oral and written, and is the only document upon which the parties may rely to enforce their rights pursuant to the granting of the rights described herein.

ILLEGALITY

If any part of this EULA is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of this EULA, and we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality, or at our discretion such provision may be severed from this agreement and the remaining provisions of this agreement shall remain in full force and effect.

WAIVER

Any failure or delay by GetGames or its authorised agents or assigns in exercising its rights under this EULA shall not be construed as a waiver of those rights at that time or at any time in the future.

LEGAL JURISDICTION AND LAW

GetGames is a British company and as such this EULA and all matters arising from it are governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection from same.

THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS.

If you have any questions about this EULA, please Contact Us via e-mail or write to us at:

Get Games Ltd
c/o 2 Stonehill
Stukeley Meadows
Huntingdon
Cambs
PE29 6ED
United Kingdom

PRIVACY, SECURITY AND YOUR ACCOUNT

GetGames is committed to safeguarding the privacy of its customers and users while providing the highest possible quality of service. We will only use the information that we collect about you lawfully (in accordance with the UK Data Protection Act 1998) and according to this Fair Deal Policy.

This is a public website that anyone can access. However, if you wish to purchase a product we will ask you to create an account. This is a one-time process and the personal information we ask you to provide is held on a secure system. Your data is never shared with any other company and, in accordance with the Data Protection Act, you may request at any time – and for a small fee – a copy of all the information we hold about you.

During the creation of the account we will ask you for a minimum of information, depending on what you wish to receive from us. If you would like to receive e-mail information about our products we will require your e-mail address. If you make a purchase by credit or debit card, we will obviously need the relevant details such as credit card number, start and end date of the card, and the cardholder’s address (the address to which credit card statements are sent). If you want a product to be delivered to an address different to the credit card account address, we will require this information as well.

If you select the relevant option we can store this information so that you do not need to enter these details when returning to our website, and this information can be changed at any time by logging into your account and modifying the details on record. For this reason, your account will be password protected and you will be asked when creating the account to specify a password for this purpose. If you ever forget your password, we will, on request, send the account details to the current e-mail address in your account. Please do not ask customer services to tell you your password as they are unable to supply such information over the telephone.

It is against the law to send unsolicited promotional email. By default, when you create an account the permissions we require to send you such materials will be disabled. If you want to receive information from us by email you must tick the appropriate box on your account details page to give us the authority to do so. You can unsubscribe from this service at any time.

Our website uses Internet technology to track the patterns of behaviour of visitors to our site. This can include using a ‘cookie’, which is a small piece of information sent by a Web server to a Web browser, which enables the server to collect information back from the browser. We use cookies to keep track of your purchases; those are created by our website contain no identifiable information, either financial or personal. If you disable cookies, you will not be able to purchase products from our website.

Please note that this website may contain links to sites operated by other people or companies. If you follow a link to an external website, our security and privacy policies will no longer apply.

SHOPPING CART SECURITY

Access to this website is open to everyone. However, when you wish to make a purchase or receive promotional or other materials, your browser will be redirected to a secure HTTPS connection. All communications from that moment on are encrypted using 128-bit SSL (Secure Sockets Layer) protocols, which are validated by our Verisign security certification and encryption keys.

We can, if you select the option, store your credit card details as part of your account. This is done for your convenience and safety as you need only enter this information once, reducing the risk of interception by viruses, malware or key-logging software. The credit card information is stored in encrypted form on our servers so they cannot be read by anyone else, not even our staff.
If you have any questions regarding our privacy or security policies, we will be glad to answer your questions. Please write to us at the following address:

Data Protection Officer
GetGames
c/o 2 Stonehill
Stukeley Meadows
Huntingdon
Cambs
PE29 6ED