PLEASE READ THESE TERMS CAREFULLY BEFORE PURCHASING CONTENT
1 PROVISION OF INFORMATION AND RIGHT OF CANCELLATION
1.1 If you are purchasing the Content (as defined in Clause 2 below), the following information is provided in accordance with the Regulations (as defined below) and the Electronic Commerce (EC Directive) Regulations 2002:
1.1.1 The name and address of the provider of the service is ICO Partners Limited (“we” or ”us”) and your contract will be with us. Our company registration number is 6602655. Our VAT number is GB 871 2212 50.
1.1.2 The email address for assistance and complaints is firstname.lastname@example.org.
1.1.3 The services supplied by us are described on www.icopartners.com (the “Site”). A description of (i) the steps required to contract to buy a service from us and (ii) technical means in which you will be able to obtain our services is contained in the help function of the Site at [link]. Please read it carefully.
1.1.4 If you wish to obtain a copy of the contract between us, please print off a copy of this page. It may be updated by us from time to time, so you should print it now.
1.1.5 The price of our services is contained on the Site and in particular in the help function. The price includes VAT and delivery.
1.2 By agreeing to these terms and placing an order, you confirm that you would like the services to be provided by us. The above information is all the information that we are required to give you by the Regulations. Accordingly, you will have no cancellation rights in respect of the services.
The Site provides access to reports on the online game industry (“Content”) that, for payment of the applicable fee, you may [view or] download in accordance with these Terms. The legal process for accessing such material is set out at clause 6.1 below.
3.1 In these Terms the following phrases shall have the following meanings, where the context permits:
“Content” means as defined in Clause 2;
“Regulations” means the Consumer (Distance Selling) Regulations 2000 (as amended);
“you” means an individual user of the Site and the purchaser of the Content.
4 AGE RESTRICTION, REGISTRATION AND SECURITY
4.1 You must be aged 18 or over to use the Site. By placing an order with us, you confirm that you are of legal age to purchase Content.
5 USING THE SITE
5.1 Wherever you are asked to provide information in connection with the Site, you agree to provide true, accurate, current and complete details. You are not obliged to provide us with any optional information requested.
5.2 You agree not to:
5.2.1 impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or email address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
5.2.2 modify, access or make available data or Content stored on a computer or device which you have accessed through or obtained from our network, when either (a) the owner of the data, computer or device has taken steps to prevent you from doing this or (b) the owner has expressed a wish that you do not do this;
5.2.3 damage, interfere with or disrupt access to the Site or do anything which might impair its functionality;
5.2.4 use the Site in any way to send unsolicited (commercial or otherwise) email or any material for marketing or publicity purposes, or any similar abuse of either;
5.2.5 publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
5.2.6 falsify the true ownership of Content or other material or information contained in a file made available via the Site;
5.2.7 obtain or attempt to obtain unauthorised access, through whatever means, to the Site.
5.3 You shall not use the Site for any purpose or in any way that is prohibited by these Terms or otherwise unlawful.
5.4 You shall indemnify us in respect of any loss that we suffer as a result, directly or indirectly, of any breach by you of this undertaking.
6 TERMS OF PURCHASE
6.1 The process by which you may order Content is as follows:
6.1.1 You will indicate the Content that you wish to order by selecting the relevant options on the Site;
6.1.2 Your order shall constitute an offer to us to purchase the Content specified in the order on the Terms. We may accept or decline the order. If we acknowledge your order, that shall not constitute an acceptance of it. If we accept the order we shall notify you of our acceptance by email confirming the price. Only at that point will a contract for the sale and purchase of Content come into being.
6.1.3 We reserve the right at our discretion to decline to accept any order for Content from you. If we decline to accept, or cancel, an order for which we have received payment, we shall refund the payment, but shall have no further or other liabilities.
7 PRICES, CHARGES AND BILLING
7.1 All prices will be charged to your [credit card]. You agree that any purchase requests you make will constitute your intent and agreement to be bound by these Terms and to pay for such purchase.
8.1 Delivery shall be by download and should be available virtually instantaneously, subject to any delays caused by any telecommunications networks. Time of delivery shall not be of the essence.
8.2 You must inspect the Content as soon as is reasonably practicable after delivery. Within seven working days of delivery you shall notify us in detail and in writing of any defect in the Content or of any other complaint that you may have in relation to the Content.
8.3 Subject to the conditions in Clause 8.4, if you establish to our reasonable satisfaction that any Content is not in accordance with these Terms or any other contract between us or are defective, your sole remedy shall be limited (as we may elect) to the replacement of the Content or refund to you of the purchase price or the issue of a credit note or a credit card account refund against return of the Content.
8.4 The conditions referred to in Clause 8.3 are that the claim is made in writing to us within 24 hours after delivery, or such other period as may be indicated by us for specific Content from time to time.
9.1 Nothing in these Terms shall be read as limiting our liability for death or personal injury caused by our negligence. Subject to that, our total liability to you in respect of all claims under or in connection with these Terms for each item of Content, whether arising in contract, tort (including negligence) or otherwise shall be limited to the price paid by you for that item of Content.
9.2 You accept that your use of the Site and the services contained herein is at your own risk. Save as expressly stated herein, the Site and Content are provided “as is” and “as available” and without warranties of any kind either expressed or implied.
9.3 Whilst we will make all reasonable efforts to ensure an uninterrupted service we do not make any guarantee representation or warranty that your use of the Site will be uninterrupted and without error and you recognise that we may temporarily suspend the service from time to time without notice to you in order to undertake essential Site maintenance.
10 INTELLECTUAL PROPERTY AND PERMITTED USE
10.1 The copyright and all other intellectual property rights in the Content and Site and all text, artwork, graphics or images to be found on the Site are the sole and exclusive property of us or our licensors.
10.2 Content is for your private and personal enjoyment and you must not give or sell copies to your friends or anyone else. You must not use the Content for any commercial purpose. This means that you are not allowed to sell, broadcast, lend, send or make the Content (or any link to the Content) available to anyone else. To do so will be an infringement of our and/or our licensors’ copyright and a material breach of these Terms because the intellectual property rights in the Content are owned by us or by third parties. Any rights we do not grant are reserved.
10.3 You acknowledge that we are in the business of providing consultancy and public relations services to clients in the games industry and hereby acknowledges that all information used by us in the Content have been publically sourced.
11 DATA PROTECTION AND PRIVACY
12.1 Unless otherwise specified, the Site is directed solely at those who access this site from the UK. Those who choose to access the Site from locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
12.2 A failure or delay by us in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.
12.3 None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
12.4 If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
12.5 The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
12.6 Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail or fax in each case addressed to you at the e-mail address or fax number you have given us or to us at the e-mail address or fax number on the Site.
12.7 If we are hindered or prevented from performing our obligations under these Terms, for any cause beyond our reasonable control or by reason of our inability to procure services, materials or articles required for the performance of the contract except at prices higher than those applicable at the date of your order, we may at our sole option delay the performance of, or cancel the whole or any part of the contract. In that event, we shall not be held responsible for its delay or cancellation or any inability to deliver.
12.8 English law governs these Terms. You and we submit to the non-exclusive jurisdiction of the English courts.
12.9 These Terms constitute the entire understanding between you and us in relation to the Site and the purchase by you of the Content. They supersede any other Terms stipulated by you, whether in any order or during any negotiations or any course of dealing established between you and us.