Terms & Conditions
1. TERMS AND CONDITIONS
Please read these terms and conditions carefully. These terms and conditions govern and apply to all and any use, access and availability of the Service (as defined below).
By accessing the Service (and each time that you do so) you signify that you have read, understand and are able to agree to be bound by these terms and conditions (including any terms and conditions incorporated into or referred to by these terms and conditions) whether or not you have a registered SkyGamers-Store account. You can use the Service through one registered account.
2. INTRODUCTION AND DEFINITIONS
The online digital distribution owned and operated by Skyplex Technology is available using www.SkyGamers-Store.co.za:
Our website www.skygamersstore.co.za or such other websites as we operate from time to time (the “Website”)
“Game” or “Games” means those computer or console games, digitally available which are or may be purchased and / or downloaded using the Service and resold to or through the Website in accordance with these terms and conditions and used in accordance with the applicable Game EULA;
“Game EULA” means the end user licence agreement applicable to a Game in the form substantially set out below;
By using the Service, and each time that you do so, you are telling us that you understand, accept and are able to accept these terms and conditions and agree to be bound by them. If you do not accept or understand these terms and conditions you should not use or access the Service or any part of them. By using and accessing the Service you confirm that you have the necessary hardware, software and capability required and that you shall be and shall remain responsible for all fees due in respect thereof. We shall have no liability in relation to any hardware, software or other services required to make use of the Service.
If you are under the age of 18 and do not understand these terms and conditions please ask a parent or guardian to explain their meaning to you.
We may make alterations to these terms and conditions from time to time and these variations shall become effective immediately upon being accessible from www.skygamers-store.co.za
Your continued use of the Website will be deemed acceptance of the updated or amended terms and these variations shall become effective immediately upon being accessible. If you do not agree to the changes, you should cease using the Service. If there is any conflict between these terms and specific local terms appearing elsewhere on the Service then these terms shall prevail.
3. REGISTRATION, ACCOUNT AND PASSWORD
In order to use and access the Service you will need to register. To register you will need to submit certain information and choose a password.
The email address (used as your user name) and password chosen by and/or issued to you for the purpose of accessing the Service is personal to you so that you can use and access the Service and must not be disclosed to any person without our prior written consent.
You agree, accept and understand that:
1. We consider one account per individual as fair use, and reserve the right to ban (deactivate) any user who is in possession of more than one/multiple accounts;
2. You must ensure that all information about you by us is up to date;
3. You can amend your registration details at any time through the Service (as appropriate);
4. You are and shall remain solely responsible for maintaining the confidentiality of your email address (used as your user name) and password; and
5. You are solely liable for any use of the Service using your email address (used as your user name) and password whatsoever.
DO NOT SHARE YOUR EMAIL ADDRESS OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. WE ARE NOT LIABLE FOR ANY IMPROPER USE OF YOUR EMAIL ADDRES, PASSWORD, OR ACCOUNT OR ANY USE BY ANY THIRD PARTY. IF YOU THINK YOUR EMAIL ADDRESS, PASSWORD, OR ACCOUNT HAVE BEEN COMPROMISED IN ANY WAY YOU MUST INFORM US IMMEDIATELY.
You undertake that all the information supplied during registration is truthful, complete and correct. If the information you have supplied is incomplete or incorrect you agree to indemnify (compensate) us against any loss or damage incurred by us and/or any third parties who may suffer damage as a result of the information that you have supplied.
4. RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS
Subject to these terms and conditions and your compliance with them, we grant you a non-exclusive, non-transferable, personal, limited license to access and use the Service solely for your private, non-commercial, personal use only.
These terms and conditions and the rights granted by them do not give you any title or rights of ownership in any part of the Service and should not be deemed a sale or transfer of any copyright or other intellectual property rights subsisting in it.
5. RESTRICTIONS AND OBLIGATIONS
You agree to comply with all rules applicable to the use of the Games purchased or otherwise obtained through the Service including but not limited to the applicable Game EULAs.
1. Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Service;
2. Create software which mimics any data or functionality in the Service;
3. Use or process the Service or any part of them unfairly or for any illegal or immoral purpose
4. Make the Service or any part of it available to any third party (please note this does not stop you from fairly and honestly providing links to the Website)
5. Use your access to the Service, or information gathered from it, for the sending of unsolicited bulk email
We do not warrant that the operation of the Service will be uninterrupted or error free.
We will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond our reasonable control including Internet outages, communications outages, fire, flood, war or act of God
Without limiting any other rights that we may have, we may remove, restrict, cancel or suspend access to and/or use of the Service and any part of it, if we consider (in our sole discretion) that you have breached any of these terms and conditions.
You may also terminate your agreement with us by ceasing to access the Service, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies which have accrued up to the time of termination.
When you place an order, this will be deemed an offer by you to buy the Product(s) for the price stated, subject to these terms and conditions.
After you have submitted your order, SkyGamers-Store will send you an email to confirm that it has received it. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not mean SkyGamers-Store has accepted your order or that it will be able to meet your order.
Where you have incorrectly submitted an order, please contact us as soon as reasonably possible at email@example.com
If SkyGamers-Store is unable to supply you with a Product for any reason we will inform you of this by email or otherwise through the Service, and we will not process your order.
The use and purchase of all Games purchased or downloaded through the Service shall be subject to the Game EULA (see below), which shall be deemed incorporated into any purchase, and by purchasing or downloading or using any Game you are deemed to accept that Game EULA
8. PRICE AND PAYMENT
Payment is due from the moment an order is accepted.
1. Payment may be made as set out on the payment page of the Service, by credit card, debit card or any other such method as SkyGamers-Store may introduce in its sole discretion.
2. SkyGamers-Store aims to debit money from your account within three (3) working days after receiving your order.
3. SkyGamers-Store reserves the right to accept or refuse any payment made in any form.
9. IF THERE IS A PROBLEM WITH THE PRODUCT
If your product does not work, and you can prove that it does not work, then we can either resend a new code, or refund you in full.
Please send email as soon as possible to firstname.lastname@example.org for assistance.
10. GAME EULA
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT (EULA) BEFORE PURCHASING, DOWNLOADING OR INSTALLING ANY GAME VIA THE SERVICE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, YOU SHOULD NOT USE, PURCHASE, DOWNLOAD OR INSTALL GAMES VIA THE SERVICE.
Games purchased through the Service are copyright works of the third-party developer or publisher identified in the Game (“Publisher”) or its licensors.
Use of the Games is governed by the terms of this EULA unless you are presented with an alternative end user license agreement, in which case the terms of that end user license agreement shall apply. If you have already purchased or downloaded a Game before being presented with an alternative end user licence agreement and you do not accept (and have not accepted) its terms and conditions and have not made any use of the Game please notify us at email@example.com and we may arrange for your purchase and use of the Game to be cancelled and your account credited or a refund given as appropriate.
Each Game is solely for use by end users according to the terms of this EULA. Any use, reproduction or redistribution of the Game not in accordance with the terms of this EULA is expressly prohibited. Reference to Game in this EULA shall include any online service which is made available through it, where and to the fullest extent that the content permits.
10.1 Limited Use License:
You are granted and by installing the Game you accept, a limited, non-exclusive right and license to install and use one (1) copy of the Game for your personal, non-commercial use on a single computer, console, or device (as appropriate) subject to the terms of this EULA.
End User Rights and Obligations: The Game is licensed to you as a single product. Its component parts may not be separated for use on more than one computer. You should back-up to another secure location, on a regular basis, any data files concerning your use of the Game as neither SkyGamers-Store nor the Publisher has liability for lost or corrupted data. You may make a single back-up copy of the Game for your own personal use in the event that the original copy is destroyed, lost or corrupted. You may also permanently transfer the Game on to another computer owned by you provided that you remove the Game from the computer on which it was originally installed.
You may not, except as expressly provided by this EULA:
In whole or in part reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Game, except where applicable law provides otherwise in which case the product and all end results of such acts shall belong to, vest in and be the exclusive property of the owner of the applicable rights in the Game;
Remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Game;
Exploit the Game or any of its parts for any commercial purpose including, but not limited to, use at a cyber or internet cafe or any other location-based site;
Network the Game or otherwise install or use it (or permit its use) on more than one computer, console, or device at the same time nor use or permit use of the Game in a network, multi-user arrangement or remote access arrangement, including any online use otherwise than as part of an online service approved by Publisher;
Use the Game for any illegal or immoral purposes;
Export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations;
Create data or executable programs which mimic data or functionality in the Game; or
Otherwise use, copy, transfer, distribute, rent, lease, loan, sub-license or deal in the Game or any part or interest in it except as expressly provided by this EULA or in any manner which is inconsistent with this EULA.
The Game is licensed, not sold. Your licence consults no title or ownership in the Game. All rights, title, interest and ownership rights in the Game and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights ('Intellectual Property Rights'), in or connected with the Game and each part thereof (including by way of example only any titles, code, themes, objects, characters, stories, catchphrases, concepts, artworks, animations, sounds, music, audio-visual effects and methods of operation) are owned by, belong to and vest in Publisher or its licensors. The Game is protected by copyright law, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Game may contain certain licensed materials and Publisher's licensors may act to protect their rights in the event of any breach of this EULA. All trademarks are the property of their respective owners.
The licence granted by this EULA will terminate automatically if you breach its terms and conditions. In that event, you must immediately destroy and erase the Game and all and any copies in your possession or control and stored on any media whatsoever and on GMGL's request certify that you have done so. You may terminate this EULA at any time by deleting and removing the Game from your personal computer and destroying your copy of the Game in your possession.
THIS EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD OR DEATH OR PERSONAL INJURY ARISING CAUSED BY NEGLIGENCE OF SKYGAMERS-STORE. EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
YOU INSTALL AND USE THIS GAME AT YOUR OWN RISK
THE GAME IS PROVIDED "AS IS" WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT;
SKYGAMERS-STORE DO NOT WARRANT THAT THE OPERATION OF THIS GAME WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN BE CORRECTED;
SKYGAMERS-STORE EXCLUDE ANY AND ALL LIABILITY FOR ALL REPRESENTATIONS (EXCEPT THOSE MADE FRAUDULENTLY), WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS NOTICE WOULD HAVE EFFECT;
SKYGAMERS-STORE WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF OR INABILITY TO USE THE GAME, ERRORS OR DEFICIENCIES IN IT, DAMAGE TO PROPERTY, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS, LOSS OF INFORMATION OR LOST PROFIT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS (SAVE TO THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE APP AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN WHICH CASE YOU MAY BE ENTITLED TO COMPENSATION OR WE MAY BE OBLIGED TO REPAIR YOUR DEVICE); AND
SKYGAMERS-STORE WILL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT OR MISUSE, OR IF THE GAME HAS BEEN MODIFIED IN ANY MANNER (NOT BY GMGL OR ITS LICENSORS) AFTER IT HAS BEEN BOUGHT.
You agree to indemnify (compensate), defend and hold Skygamers-Store and its directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your misuse of the Game or use otherwise than in accordance with the terms of this EULA. SkyGamers-Store shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
In the event that any provision of this EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA shall remain in full force and effect.
10.6 Applicable Law:
To the maximum extent permitted by the local law applicable in the country in which you obtain or use them, the Game, any applicable online service and this EULA are subject to South African Law. In the event that South African cannot apply in the country you obtained or use the Game local law will apply.