Turbulenz Terms and Conditions
Updated September 2, 2013
We are a limited company registered in England and Wales with company number 06921988. Our registered and trading address is Turbulenz Limited, 1st floor, Pembroke House, Mary Road, Guildford, GU1 4QU, England (“we”, “us”, “our”). We can be contacted in writing or by electronic mail at firstname.lastname@example.org
- When using our Site(s) and placing any order for Products through our Site(s), you warrant that:
- Your use will be solely as an end user;
- You are legally capable of entering into a binding contract with us;
- You are at least 18 years old or have the consent of a parent or guardian to use these services;
- You are responsible for the method of payment which you use to make any and all payments to us;
- When you register with us to create a Turbulenz account, you have provided truthful and accurate information about yourself;
- You will keep any user identification, passwords and other security information which we use to identify your account secure and confidential. This includes not disclosing such account information to anyone else or allowing anyone else to use your account or security information.
- We will require, in certain instances, you to register your details with us in order to use some or all parts of our Site(s). If Turbulenz has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Turbulenz may suspend or terminate your ability to use or access a Turbulenz Product, and refuse any and all current or future use of or access to any or all Turbulenz Product (or any portion thereof).
- You are solely responsible for all activity on any and all of your Turbulenz account and for the security of your computer system. You should not reveal your screen name or password to any other person. Turbulenz will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address.
- Subject to applicable law, we reserve the right to cancel your account if it has not been used for 18 months.
Turbulenz does not target its Site(s) or Products to users under 13 of age. There may be certain access restrictions placed on any under 13 year old users. You agree that if you assist users under 13 years old to access our Site(s) or Products, with your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) that you will assume full liability for any consequences and that UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE NEITHER TURBULENZ, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE(S) BY USERS UNDER 13 YEARS OF AGE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Browser Extension Licence
- In order to use certain Turbulenz Products, it may be necessary for you to download and install our software, and updates or patches to that software, onto your computer (the “Browser Extension”).
- Turbulenz Limited grants to you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to use the Browser Extension solely for the purpose of using it in conjunction with services and Products as offered by Turbulenz at the time the Browser Extension is made available to you. You may only access and use a Product by any other means other than by our website or any software which we have supplied to you. You may not access the account of another person or modify the software for any purposes, including unauthorised access to the Site(s), Products or another account. Any breach of the licence which results in unauthorized access by you or by a third party using information or support from you may result in criminal and/or civil action by us against you.
- You may not charge others to use or access the Browser Extension or our services and Products via its use.
- You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from the Browser Extension. You may not modify the Browser Extension or use it in any way not expressly authorized in writing by Turbulenz Limited.
- You understand that the introduction of various technologies by us may not be consistent across all platforms and that the performance and compatibility of the Browser Extension, our software, services and Products may vary depending on your Internet connectivity, computer hardware, software and configuration and that of any other equipment.
- From time to time, Turbulenz may provide you with updates or modifications to the Browser Extension. You understand that certain updates and modifications may be required in order to continue use of the Browser Extension and/or the Turbulenz Offerings or other Turbulenz Limited services.
- We reserve the right to withdraw availability and/or support for the Browser Extension and any versions thereof in full or in part at any time, where such withdrawal is done with such reasonable notice in the circumstances at the time.
Your Rights to Content
- All content and software provided by us through our Site(s) is licensed to you personally on a non-exclusive, non-transferable, non-sublicensable, limited license solely for your personal, private, non-commercial use and is subject to these Conditions and any relevant Additional Conditions.
- Unless expressly authorised by us in writing, you must not:
- share, sell, transfer, rent or sublicense any part of the Property to anyone else; or
- modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Product(s) (unless expressly permitted by us or by an applicable law); or
- create any derivative works, attempt to create the source code from the object code, or download content or software for any purpose other than game play or other use authorised by us; or
- copy, reproduce, communicate to the public or transmit, use for public performance or exploit the Property, or any part of the Property.
- You accept that Products provided by our Site(s) are at Turbulenz' discretion and we reserve the right to withdraw access to a Product immediately or where possible on reasonable notice to you.
- Except as expressly granted in these Conditions, we and our licensors reserve all rights, interests and remedies in connection with the Property and Turbulenz. All other company, product, and service names on Turbulenz are trade names, trademarks or registered trademarks of their respective owners.
Methods of Payment
- Turbulenz accepts the following methods of payment:
- Major International Credit Cards (Visa, MasterCard, American Express, Discover, Diners Club, and JCB);
- Bank Account Debits (only for US based customers);
- Amazon Payments balance (only for US based customers); and
- PayPal account balance
- All transactions on Turbulenz are processed securely through one of our third-party payments processors: Amazon Payments, PayPal or Google Wallet.
- All charges and payment transactions are processed in U.S. dollars.
- The full price for any Products as ordered by you from us will be as specified on the Acceptance page of any purchase. Prices are liable to change at any time, but changes will not affect Products in respect of which we have already sent you a Dispatch Confirmation (acceptance email of purchases made on Turbulenz).
- The total price of any Product is inclusive of any applicable Sales Tax or VAT in effect on the day the Dispatch Confirmation is sent.
- In the event of any difference between any advertised or promoted price and that on the Acceptance page, the Acceptance page price shall prevail, except in cases of obvious error. We will make reasonable efforts to ensure that the pricing of any Product is correct at the time of publication. However it is always possible that some of the Products listed on our Site(s) may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If the Product's correct price is greater than the price stated on our Site(s), we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
- We are under no obligation to provide the Product to you at an incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
- Your order constitutes an offer to us to buy a Product for which you will receive an e-mail acknowledging that we have received it. All orders are subject to acceptance by us. Our acceptance will be confirmed to you by e-mail (the Dispatch Confirmation). We are only obliged to licence and release the Product to you once we have sent you the Dispatch Confirmation.
- We are only obliged to supply those Products specified in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
- You will not have any right to cancel an order for the supply of any Product(s) where you have used said Product(s) as part of your use of our Services, Products or Site(s), including the Products which may be purchased within a given Application, Game or Service.
- Details of how to cancel any given Order (if at all) are provided below. These provisions do not affect your statutory rights.
Availability and Delivery
- Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
Cancellation and Refunds Policy
- Any purchases of Products on Turbulenz.com or any of our other Site(s) are limited licenses to digital goods and do not constitute personal property and are not legal tender or currency of any kind.
- Purchases are not redeemable for any sum of money or monetary value from Turbulenz unless otherwise expressly agreed in writing by Turbulenz.
- Any purchases made by you are non-refundable.
- If your account has been suspended or terminated, you will (temporarily or permanently, as applicable) lose some or all of the balance of purchases made on your account. In such an event you agree that you are not entitled to any reimbursement or refund of any payment for purchases, or any other compensation, except at the sole discretion of Turbulenz.
- We warrant to you that our services and any Product purchased from us through our Site(s) are of satisfactory quality.
- Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
- We reserve the right to modify, suspend, or discontinue our Site(s) or access to Products (or any part or content thereof) at any time with or without notice to you, and we will not be liable to you or to any third party should we exercise such rights. To the extent possible, we will give reasonable notice in advance of any change or termination of access to the Site(s) or to Products.
- Turbulenz will provide the Site(s) with reasonable care and skill. Turbulenz does not make any other promises or warranties about the Site(s) and in particular does not warrant that:
- your use of the Site(s) will be uninterrupted or error-free. You agree that from time to time Turbulenz may remove the Site(s) for indefinite periods of time, or cancel the Site(s) at any time for technical or operational reasons and will, to the extent practicable, notify you of this;
- the Site(s) will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion which shall be events of Force Majeure, and Turbulenz disclaims any liability relating thereto. You shall be responsible for backing up your own system, including any Products purchased from the Site(s) that are stored in your system.
- Other than in the event that you are exercising any applicable statutory right to refund or compensation, in no case shall Turbulenz, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any loss or damage caused by Turbulenz, its employees or agents where:
- there is no breach of a legal duty of care owed to you by Turbulenz or by any of our employees or agents;
- it is not a reasonably foreseeable result of any such breach;
- any increase in loss or damage results from breach by you of any term of this Agreement;
- it results from a decision by Turbulenz to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Site(s), or to take any other action during the investigation of a suspected violation or as a result of Turbulenz' conclusion that a violation of this Agreement has occurred; or
- it relates to loss of income, business or profits, or any loss of data or corruption of data in connection with your use of the Site(s).
- Turbulenz shall use reasonable efforts to protect information submitted by you in connection with the Site(s) including from fraudulent use.
- Nothing in this Agreement removes or limits Turbulenz' liability for fraud, gross negligence, wilful misconduct, or for death or personal injury.
- If you breach this Agreement, you will be liable to Turbulenz, its affiliates, agents, contractors, and licensors for any claim arising out of your breach. You will also be liable for any action taken by Turbulenz as part of its investigation of a suspected violation of this Agreement, or as a result of its findings or decision that a violation of this Agreement has occurred.
- This does not include or limit in any way our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
- Please also note that you must comply with all applicable laws and regulations of the country in which you are using the Products. We will not be liable for any breach by you of any such laws.
Written communications and Notices
- In some instances, we will be required by applicable laws to communicate to you in writing.
- When using our Services, you accept that most, if not all, communication with us will be electronic. We will generally contact you by e-mail or provide you with information by posting notices on our website. You agree to our using these electronic means and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically are identical to being in writing. This condition does not affect your statutory rights.
- Notice from us will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of rights and obligations
- The contract between you and us is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
- Nothing in this clause shall limit or exclude any liability for fraud.
- We reserve the right to bring legal action against you if you are in breach of these Conditions and to participate in any government, criminal or private legal action or investigation relating to your conduct while using the services, Site(s) or Products made available by Turbulenz.
- We reserve the right, where reasonable in our view to do so, to temporarily or permanently discontinue Turbulenz and any and all services and content available through Turbulenz at any time, including for service maintenance and upgrades.
Law and jurisdiction
- Contracts for the purchase of Products through our Site(s) and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
- Any and all Turbulenz graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks or trade dress of Turbulenz in the UK, U.S. and/or other countries. Turbulenz' trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Turbulenz Limited.