Last Modified: June 25, 2020

These Terms and Conditions govern your use of the Gameroo mobile application available at Google Play and App Store (hereinafter “Mobile App”) and the Gameroo marketing website located at www.gameroo.co.uk (the “Website” or “Site”). The Mobile App and the Website (collectively referred to as the “App” or “the Gameroo Marketplace”) are owned and operated by Gameroo Ltd, a company formed in accordance with the law of the United Kingdom (hereinafter the “Company,” “Gameroo,” “we,” “us,” or “our”).

The App is made available to you by the Company subject to your acceptance of these Terms and Conditions and our Privacy Policy (hereinafter the “Agreement” or the “Terms”). Any reference in this Agreement to “You,” “Your” or “User” refers to an individual who signs up for a user account on the App and/or otherwise uses the Services offered by the Company. These Terms constitute a legally binding agreement between you and the Company.

By installing/downloading our App and creating an App account, you represent that you have read and understood these Terms, and you agree to be bound by this Agreement. If you do not agree with any provision of this Agreement, please do not access the App.

Eligibility

The App is only available to natural persons who are:

  • At least 18 years of age or older; and
  • Resident in the United Kingdom.

Please note that, if you are under 18 years of age, you may only enter into this Agreement with your parent or legal guardian’s express consent.

Where you enter into this Agreement on behalf of another individual or entity, you represent that you have the authority to act on behalf of that individual or entity and to bind the former to this Agreement. It is solely your responsibility to communicate the terms of this Agreement to the individual or entity on whose behalf you are entering into this Agreement. You understand that you will be solely responsible for any products listed/sold by you or any purchases made by you.

Definitions

In this Agreement, any use of the following words or expressions will have the meaning as defined hereunder:

Buyer

refers to a User who purchases a product through the App.

Gameroo Credits

refer to the virtual currency required for conducting any transaction on the App. One Gameroo Credit is equal to one Pound sterling (GBP).

Listing

refers to product description, accompanying images and sale price as posted/published on the App.

Product

refers to an item that is listed for sale on the App.

Sale Price

refers to the Gameroo Credits required to purchase a specific product.

Seller

means a User who offers a product for sale through the App in accordance with the provisions of this Agreement.

Service

means all the App features/functionality and support services offered by the Company through the App.

Transaction

refers to a sale or purchase of a product through the App.

User

means any person who has signed up for a user account on the App.

Wallet

refers to the virtual wallet linked to a User’s user account where a User’s available Gameroo Credits are stored.

About the Service

The Company provides a peer-to-peer marketplace where Buyers who are seeking to purchase or sell pre-owned console games, Blu-ray discs, and DVDs can easily search for their desired product and place their orders through the App. The App’s proprietary algorithm selects the most efficient Seller to fulfil each order anonymously.

User Account Set-up and Security

You can easily download the App from Google Play or the App Store and sign-up for a user account to start buying and selling products.

During sign-up, you will be required to provide us with some basic personal information such as your full name and email address. All your personal data is processed in accordance with our Privacy Policy. We encourage you to carefully review our Privacy Policy prior to providing any personal information to us. 

Please note that we provide all user accounts at our sole discretion. We may refuse to offer a user account without providing any reason for our decision. We also reserve the right to terminate any user account if we have a reason to believe that a user has violated any provision of this Agreement.

By signing up for a user account, you represent and warrant that all information provided by you is true, complete, and current. In the event of any material change in your user account details, please immediately amend your details by logging into your user account alternatively by contacting us at help@gameroo.co.uk. Any act of providing incorrect, incomplete, or inaccurate personal information shall constitute a material breach of these Terms.

You agree to keep your user account login credentials confidential and to follow all security measures maintained by the Company to ensure the Service is used as intended. You shall be solely responsible for any activity that occurs under your user account and release the Company, and its officers from any liability, costs, damages, claim, or action arising out of or associated with any unauthorised access to your user account.

In the event of any security breach or suspicious activity, you must immediately notify us at help@gameroo.co.uk.

Your decision to use the App is entirely at your own risk.

Acceptable Products and Listing

Once you create your user account on the App, you can start buying and selling products in the Gameroo Marketplace. To sell your pre-owned console games and Blu-ray discs, you can list them on the Gameroo Marketplace by scanning the product barcodes. All scanned products are automatically valued and priced in Gameroo Credits on the App. Please note that all products on the Gameroo Marketplace can only be purchased and sold using Gameroo Credits. Gameroo Credits are governed by the terms and conditions outlined in section 11 of this Agreement.

You may not list or attempt to sell any products on the Gameroo Marketplace that are defective, pirated, or stolen/illegally obtained. In the event we discover that the product you shipped to a Buyer was pirated or stolen, we may:

  • Terminate your user account and withhold all Gameroo Credits in your wallet; 
  • Report you to the law enforcement authorities; and
  • Commence legal action against you as advised by our legal team.

You may list/sell products on the Gameroo Marketplace that show signs of wear from consistent use as long as the product functions properly and is fit for the purpose for which it is sold.

Placing an order

All product prices on the Gameroo Marketplace are specified in Gameroo Credits. You can browse through the products on the Gameroo Marketplace and add the products that you wish to purchase to your shopping cart. The total Gameroo Credits required to process your transaction will be displayed to you before you proceed to the checkout page. If you do not have sufficient Gameroo Credits to complete your transaction, additional Gameroo Credits can be purchased from within your app account as set out in section 11.2 of this Agreement.

When you place your order, you are making an offer to purchase a product. Gameroo Credits equal to the purchase price will be deducted from your user account at the time you place your order, and the App’s proprietary algorithm will select the most efficient Seller to fulfil your order anonymously. The Company does not offer any guarantees other than those specified in the Gameroo Guarantee Policy, which is incorporated in this Agreement by reference. If the product you received was not as specified on the Gameroo Marketplace, please contact us at help@gameroo.co.uk with your order number. All order related disputes will be handled in accordance with our dispute resolution provision as set out in section 9 of this Agreement. 

When you purchase a product through the Gameroo Marketplace, you understand and accept that your ordered product may not arrive in its original packaging, or the original packaging may arrive damaged. You also understand that a pre-owned product may show signs of wear from consistent use. Notwithstanding the foregoing, the product sold should function property and be fit for the purpose for which it is sold. 

Fulfilling the order

By listing a product for sale on the Gameroo marketplace, the Seller assumes the responsibility for shipping the product to the Buyer in accordance with the provisions set forth in this Agreement.

When a Seller’s listed product is sold on the Gameroo Marketplace, the Company will send the Seller an email notification with a link to a free shipping label and shipping instructions. The Seller must download the shipping label within two business days (48 hours) from the time the Company sends the email notification and ship the product to the Buyer. If the seller has not downloaded the shipping label within the stated time period, the company reserves the right to make the item available for sell again on the market place and contact the seller of this action. Sellers may remove any listed products that are in the ‘Available’ section of the Seller’s App inventory by selecting the option to ‘Delete’ such product. Please note that once you download the shipping label, the product will be moved from the ‘Available’ section to the ‘Send’ section of your Inventory and you would be obliged to ship the product to the Buyer.

The product is deemed to have been dispatched by the Seller at the time the Seller downloads the shipping label and the Buyer is notified of the dispatch by the Company. Your payment cannot be authorised until label has been downloaded    

The Seller understands and accepts that all sale and purchase transactions on the Gameroo Marketplace are conducted in Gameroo Credits only. For the avoidance of any doubt, the Seller understands that all proceeds from the sale of the Seller’s listed products on the App will be credited to the Seller’s Wallet in Gameroo Credits subject to the provisions of this Agreement.

In the event a Buyer raises any disputes relating to a product sold by the Seller through the App, such dispute will be handled in accordance with our dispute resolution provision as set out in section 9 of this Agreement. 

Order Cancellation, Return and Refund Policy

A Buyer may cancel his order at any time before it is dispatched by the Seller or within 30 days from the day of accepting order delivery. To cancel an order, the Buyer must send an email to help@gameroo.co.uk with the order number and detailed cancellation request.

If the order has not been dispatched at the time we receive the Buyer’s cancellation request, we will immediately cancel such order and the Buyer’s Gameroo Credits will be refunded to the Buyer’s Wallet. The Seller will not be able to download a shipping label after a Buyer cancels the order. However, if the order has already been dispatched by the Seller and the Buyer wishes to return the product and request a refund, the Buyer must do so within 30 days of receipt of order.

To return a product, the Buyer must send a return request to help@gameroo.co.uk with the order number as well as the reason for the return. Please wait for the Company’s confirmation email before sending the product back to us. All returned products will be inspected by a Company representative, and once the product passes the inspection, the Buyer’s Wallet will be credited with the Gameroo Credits.  

Returns of ‘incorrect’ or ‘damaged’ products

Please note that if you are returning a product because it was ‘damaged’ when you received it, or the product that you received was ‘incorrect’, you must inform the Company of such order related issues at the time you make your return request. An order will be considered ‘incorrect’ or ‘damaged’ if it falls within the ambit of Section 9.2 of this Agreement.

All sales are deemed final after 30 days of order delivery, and the Company will not be able to accept any returns or cancellation requests after the 30-day period has lapsed.

Order Disputes

‘Incorrect’ or ‘Damaged’ Product

A product is only considered ‘damaged’ if it does not function properly. Any damage to the product packaging or other non-material signs of wear that do not impact the functionality of a product will be disregarded when determining whether a product is ‘damaged’ or not.

A product will be considered ‘incorrect’ if it is not what you ordered (as described on the product listing) or if it is pirated or illegally obtained. Please note that a product that does not arrive in its original packaging will not be regarded as an ‘incorrect’ product.

Raising a dispute

If the product you received is damaged or incorrect, you may raise an order-related dispute within 30 days from the date of delivery and request a refund or replacement product.

To raise an order-related dispute, please contact us at help@gameroo.co.uk and provide us with the relevant order number and a detailed description of the issue.

Dispute resolution

Once a Buyer raises an order-related dispute, the Seller will be notified of the dispute, and the Buyer will be requested to return the incorrect or damaged product back to the Company. The Company will cover the full cost of return shipping for any damaged or incorrect orders. Upon receipt of the returned product, the Company will immediately take steps to resolve the dispute which may include either sending a replacement product to the Buyer, at the Company’s own cost, provided a replacement product is available or issue a full refund of Gameroo Credits to the Buyer’s Wallet. The Seller will not be required to refund the sale price for a disputed order, but both the Seller and the Buyer’s respective user accounts will be flagged for having been involved in a dispute. 

Multiple Disputes and User-Account Cancellation

The Company will allow a very limited number disputes on a user account. Every dispute will be investigated in detail on a case by case basis. At its own discretion, Gameroo Ltd can suspend users accounts at any time for any reason. Gameroo Ltd’s decision is final and the company will not incur any liability for the loss of Gameroo Credits by the user. 

VAT

Unless expressly specified otherwise, the products sold through the App are sold under the Marginal VAT Scheme for Second-Hand Goods. These sales are subject to section 50A of the VAT Act 1994 and the VAT (Special Provisions) order 1995. Invoices will show total value inclusive of VAT. If you are purchasing on behalf of a VAT registered company, please note that there is no VAT to be reclaimed. If you would like an invoice with our VAT information, then this can be requested by sending an email to help@gameroo.co.uk, but please be aware that no VAT will be shown as the goods were sold under the margin scheme. For further information, please see the HMRC Public Notice 718 available at the following link: https://www.gov.uk/guidance/the-margin-and-global-accounting-scheme-vat-notice-718.

Gameroo Credits - Terms and Conditions

All transactions on the Gameroo Marketplace are conducted in Gameroo Credits only. Please carefully read this section 11 before purchasing or redeeming any Gameroo Credits.

​​​​​​​Earning Gameroo Credits

You can earn Gameroo Credits by listing or selling your products through the App.

As a new customer, Gameroo Ltd will reward you with 10 Gameroo Credits when you list your first ten products for sale and a minimum of one item is sold successfully on the Gameroo Marketplace within 30 days. This is a promotional offer and only available to newly registered first time customers and can be withdrawn at any time by the company with no notice. The 10 Gameroo Credits will be credited to your Gameroo Wallet within 48hrs of downloading the shipping label and the successful sale of your first item on the Gameroo marketplace. The company reserves the right to remove the promotional credits at any time if a dispute is raised by the community, the matter investigated, and fraud suspected to have taken place. 

​​​​​​​Purchasing Gameroo Credits

If you do not have sufficient Gameroo Credits to complete a transaction, you can easily top-up your balance by purchasing additional Gameroo Credits from within the App.

To top-up your Wallet, select the amount of Gameroo Credits that you wish to purchase and you will be shown the total amount payable by you in GBP. All purchase payments are processed by Paypal payment processor.

By purchasing Gameroo Credits through the App, you authorise the Company to charge your payment method for the full amount displayed at the time of the purchase. Please note that all Gameroo Credit sales are final, and the Company does not offer any refunds for unused or cancelled Gameroo Credits unless required by law.

​​​​​​​Redeeming Gameroo Credits 

Gameroo Credits can only be redeemed to purchase products available for sale on the Gameroo Marketplace. The Company does not offer any guarantees that a product will be available for sale at any given time. At the time you place your order, the Company will deduct the total sale price payable by you from your Wallet.

​​​​​​​Limitations

You understand and accept that you cannot: 

  • ​​​​​​​Sell the Gameroo Credits in your Wallet;
  • Transfer the Gameroo Credits from your Wallet to another user; or
  • Cash-out your Gameroo Credits. 

​​​​​​​Changes

The Company reserves the right to amend the valuation of Gameroo Credits, as well as the Gameroo Credits Terms and Conditions without giving any prior notice to you. Any modification in the valuation of Gameroo Credits will not impact the Gameroo Credits that a User purchased prior to the date of such amendments.​​​​​​​

Expiration and Termination

Although unused Gameroo Credits do not expire, they may be cancelled by the Company at the time a user account is terminated in accordance with the provisions of this Agreement. You understand and accept that you will not be able to recover any Gameroo Credits that were in your user account at the time of your account termination, and the Company will not be liable to compensate for the loss of Gameroo Credits.

Account Termination

Account Termination by User

You may terminate your user account by accessing the settings within your user account or by contacting us at help@gameroo.co.uk with the words ‘account termination’ in the subject line. Please note that you cannot terminate your user account if you have any orders awaiting shipping.

Termination by the Company

The Company reserves the right to terminate this Agreement or your user account without incurring any liability if:

  • Your user account has been flagged for having more than two order-related disputes;
  • You have violated the terms of this Agreement;
  • Your conduct is harmful to the Company or any of its Users; or
  • We cease our business operations for any reason.  

Consequences of Termination

After your user account is terminated, all your Gameroo Credits will be deleted. If you have been banned from using the App or your account has been restricted or terminated by the Company, you understand that you are strictly forbidden from:

  • Creating a new user account with different sign-up information;
  • Try to acquire access to another User Account;
  • Try to gain access to the App through any other unauthorised mechanism.

​​​​​​​Users’ Rights and Obligations

Subject to all other applicable provisions of this Agreement, Buyers and Sellers have the following rights and obligations:

  • ​​​​​​​A Buyer has the right to cancel an order anytime before it is dispatched or return the product and request a refund of Gameroo Credits within 30 days of receipt of delivery;
  • ​​​​​​​A Seller has the right to receive the full Sale Price of the product sold through the App in accordance with the provisions of this Agreement;
  • ​​​​​​​A Seller has an obligation to ship the product to the Buyer within two business days of receipt of the order notification email from the Company;
  • ​​​​​​​A Seller has the right to use the Buyer’s personal information for the purposes of shipping the product to the Buyer;
  • ​​​A Seller has an obligation to keep the Buyer’s personal information safe and not to disclose it to any third-party for any purposes other than the delivery of the ordered product; and
  • A Seller is under obligation for ensuring that the product is packaged securely to prevent any damage during delivery to the Buyer.

Company’s Rights and Obligations

  • The Company has the right to automatically complete the product description and valuation in Gameroo Credits when a user scans and lists a product on the App;
  • ​​​​​​​The Company has the right to sell the product listed by a user to any Buyer who wishes to purchase that product;
  • ​​​​​​​The Company has the right to use its proprietary algorithm to select the most efficient Seller to fulfil an order anonymously;
  • ​​​​​​​The Company has the right to make changes to the App functionality including but not limited to introducing new App features and functionality and making changes to its proprietary algorithm;
  • ​​​​​​​The Company has the right to charge a user’s payment method when a user purchases Gameroo Credits from the Company;
  • The Company has an obligation to take all reasonable and commercially viable steps to fix any bugs or resolve any issues that may impact the use of the App by Users. Notwithstanding the foregoing, the Company does not offer any guarantees that the Company will be able to resolve any such issues, at any given time;
  • In the event of any disputes relating to a product, the Company’s responsibility is limited to refunding Gameroo Credits to a Buyer’s Wallet in accordance with Section 9 of this Agreement. 

Intellectual Property

All rights, title and interest in and to all copyrights, trademarks, domain names, trade secrets, know-how and other intellectual and/or proprietary rights in or related to the App, including but not limited to, all the text, graphics, audio, video, interactive features, code, marks, software and the like are either owned by or licensed to the Company (hereinafter “Company Content”). All Company Content is protected by applicable copyright and trademark laws. You must not use any part of the Company Content for any commercial purposes without obtaining written consent from the Company or its licensors. You are strictly prohibited from copying, selling, transferring, assigning, reproducing, republishing, disassembling, decompiling, reverse engineering or distributing any Company Content in contravention of this Agreement and applicable laws.

Our App name “Gameroo” and our logos as used on our App are our trademarks (collectively, “Marks”). You may not use any of our Marks for any purposes other than during your use of the App as a User.

All rights that are not expressly provided herein are reserved by the Company.

Copyright Infringement

If you believe that your copyrighted content is publicly posted, uploaded or made accessible on the App without your authorisation, please inform us at help@gameroo.co.uk and provide us with the following information:

  • Identification of the content that is claimed to be infringing your copyrighted works (such as links to the page where such content appears and description of the content);
  • Your contact information including your name, phone number, and email address;
  • A written and signed statement by you setting out that you are either the owner of the copyrighted work or have been authorised by the owner to communicate with us regarding the copyright infringement;
  • A statement by you confirming all the information provided by you is bona fide true.

We take copyright infringement complaints seriously, and we will immediately investigate the complaint and take appropriate action.

Acceptable Use Policy

By accessing and using the App, you agree that:

  • You will take sole responsibility for maintaining the confidentiality of your user account login credentials to prevent any unauthorised use of your account;
  • You will not abuse the Service by repeatedly placing orders and cancelling them to cause annoyance or inconvenience;
  • You will only access the App through the authorised interface provided by the Company;
  • You will not use the App for any purposes other than for buying or selling products;
  • You will not intentionally or unintentionally cause or attempt to cause damage to another User;
  • You will not create multiple user accounts;
  • You agree to cooperate with the Company in the amicable resolution of any disputes;
  • You will not attempt to list and sell any stolen, pirated or damaged products;
  • You will not ship incorrect product to a Buyer;
  • You will not list products that you do not have in your possession and which you are unable to ship to a Buyer;
  • You will not take any steps that are intended to manipulate the product pricing as listed on the App;
  • You will not sell or rent your user account to another person or entity;
  • You will not infringe the intellectual property or privacy rights of others;
  • You will not modify, adapt, translate, or reverse engineer any portion of the App;
  • You will not scan, test or probe the vulnerability of the App;
  • You will not breach or circumvent any security measures used by the Company to protect the App;
  • You will not breach any user data protection obligations that you may have towards any other user;
  • You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
  • You will not harass or threaten any Company employees, agents or affiliates or any other user; and
  • You will not submit any content or material on any third-party websites, that falsely express or imply that such content or material is sponsored or endorsed by the Company.

No Guarantee of Product Sales

The Company is unable to offer Sellers any guarantees that they will be able to sell their listed products during the term of this Agreement or earn Gameroo Credits to purchase other products on the Gameroo Marketplace. The Company does not assume any responsibility for your success as a Seller on the App or offer any guarantees of any nature whatsoever that are not specified herein.

Data Protection

The Company processes all user data in compliance with the General Data Protection Regulation. To learn more about our privacy practices, please consult our Privacy Policy.

iOS and Android Disclaimer

When you download our App from the App Store or the Play Store (collectively referred to as “the Store”), you agree to be bound by this provision. You understand that this Agreement is entered by and between you and the Company only. You understand that Apple, Inc and Google, Inc are not a party to your Agreement with the Company (Apple, Inc and Google, Inc are hereinafter collectively referred to as ‘App Store Company’).

You understand that the App is licensed to you by the Company, and the App Store Company does not have any legal or moral obligation to offer any maintenance or support services for the App. To the maximum extent permitted by applicable law, App Store Company does not offer any warranties of any nature whatsoever in relation to the App. Therefore any claim, action or dispute arising out of or associated with this Agreement or your use of App offered by the Company must be brought against the Company only.

App Store Company will not be responsible for defending or settling any claims or actions arising from or associated with your use of the App.

You understand and accept that the App Store Company are third party beneficiaries of this Agreement, and they have the right to enforce this Agreement against you.

Maintenance

From time to time, we may be required to carry out scheduled or unscheduled App maintenance, including but not limited to testing, repairs, upgrades, and other similar tasks. Under such circumstances, we may have to deactivate or suspend your access to the App temporarily. The Company shall not be liable to indemnify any User for any loss, damage, costs or an expense that the User may suffer or incur, as a result of such deactivation or/and suspension.

Amendments

The Company reserves the right to amend the terms and conditions of this Agreement to reflect any change in our practices. Unless expressly specified otherwise, any amendments to this Agreement shall be effective from the date we post the updated version on the App. It is solely your responsibility to periodically review this Agreement to familiarise yourself with any material changes. Your continued use of the App after the effective date of any amendments shall constitute your acceptance of such amendments.

DISCLAIMER OF WARRANTIES

THE APP IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DISCLAIMS ANY WARRANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE APP. THE COMPANY DOES NOT OFFER ANY WARRANTIES THAT (1) THE USE OF THE APP WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (2) ANY DEFECTS OR ERRORS IN THE APP WILL BE CORRECTED;  (3) THE APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (4) THE QUALITY OF ANY PRODUCT ORDERED THROUGH THE APP WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; AND/OR (5) THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY RISK ASSOCIATED WITH YOUR USE OF THE APP RESTS ENTIRELY WITH YOU.

LIMITATION OF LIABILITY

NEITHER THE COMPANY NOR ITS OFFICERS SHALL BE HELD LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, WHETHER ARISING IN CONTRACT, TORT, EQUITY, OR BREACH OF STATUTORY DUTY. THE COMPANY AND ITS OFFICERS SHALL NOT BE HELD LIABLE FOR ANY LOSS, OR DAMAGE INCURRED BY ANY USER OR ANOTHER PERSON, INCLUDING WITHOUT LIMITATION, ARISING OUT OF OR ASSOCIATED WITH THE USE OR INABILITY TO USE THE APP, ANY PRODUCTS ORDERED THROUGH THE APP, EVEN IF THE COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR:

  • ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE APP;
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP;
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD-PARTY; AND
  • ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR RELIANCE UPON ANY INFORMATION MADE AVAILABLE THROUGH OUR APP. 

IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY TO A USER FOR ANY CLAIMS ARISING FROM THE USE OF THE APP OR THIS AGREEMENT EXCEED THE GREATER OF THE TWO AMOUNTS: THE AMOUNT PAID BY SUCH USER FOR THE PRODUCT THAT GAVE RISE TO THE ISSUE OR TEN GBP.

NOTHING IN THIS AGREEMENT SHALL ATTEMPT TO LIMIT THE LIABILITY OF THE COMPANY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR MISREPRESENTATION.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with English law. The Company and the User both submit to the exclusive jurisdiction of the courts of England and Wales to resolve any disputes or claims arising out of this Agreement.

Severability

If any provision of this Agreement is held to be unlawful, void, or for any reason found to be unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Force Majeure

Neither Party shall be liable for the failure to perform any of its obligations if such failure is as a result of any Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, an act of foreign enemies, hostilities (regardless of whether war is declared), epidemic, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.