These are the terms and conditions governing the use of https://gameacademy.co, (the Game Academy Website including any subdomains that we may provide our services through) and the agreement that operates between us and you (the “Terms”). The Website is owned and operated by Game Academy Limited (“Game Academy”). The Terms set out the rights and obligations of Game Academy and yourself in relation to your access to and use of the Website. Please read carefully the Terms and also please take the time to become familiar with our Privacy Statement. Through accessing the Website you agree to be bound by the Terms and acknowledge that you are aware of and have access to our Privacy Statement. We may revise the Terms and the information provided in our Privacy Statement on the Website from time to time and without notice. Please note that certain Services that we provide may be subject to additional terms and conditions of contract and/or require you to agree to additional terms of any licence to use any Service we provide. Where that is the case we will draw your attention to the additional terms.
- These terms
- Information about us and how to contact us
- Our contract with you
- Our Services
- Your rights to make changes
- Our rights to make changes
- Providing the service you subscribe to
- Your rights to end the contract
- Our rights to end the contract
- If there is a problem with a service
- Your rights in respect of defective Services if you are a consumer
- Price and payment
- Our responsibility for loss or damage suffered by you if you are a consumer
- How we may use your personal information
- Other important terms
- Schedule 1
- Model Cancellation Form for consumer customers
- What these Terms cover. These are the terms and conditions on which we supply services to you including in the form of digital content to which you are entitled to subscribe (sometimes free of charge and sometimes at a charge that we have advised to you). They also cover any incidental services that we provide to further the benefits that you will achieve from your access to the Website and your participation in any Services that we provide including for the purpose of the definition of Services, courses that we offer and which you participate in.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these term, please contact us to discuss.
Are you a business customer or a consumer? These Terms are only applicable where you purchase Services from Game Academy as a consumer. You are a consumer if:
- You are an individual.
- You are buying services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Information about us and how to contact us
- Who we are. We are Game Academy Limited a company register in England and Wales. Our company registration number is 12070401 and our registered office is at 19 Palace Mansions, Earsby Street, London, United Kingdom, W14 8QW.
- How to contact us. You can contact us by writing to us at email@example.com
- How we may contact you. If we have to contact you we will do so by writing to you at the social media or email address or postal address you provided to us in your order.
- "Writing" includes emails and social media. When we use the words "writing" or "written" in these terms, this includes emails and social media.
Our contract with you
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Services that you have requested. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Service or because we are unable to meet a delivery deadline we have offered.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- Customer Location. Our Services are available in all geographic territories in which it is lawful to provide these. If you request any Service from outside of the United Kingdom and other European Economic Area member states, certain rights specified below will only be applicable at our discretion where these confer rights as a consumer under legislation.
- The Services that we deliver through our Website include the following: soft-skills development programme subscription (one-off), consultation and professional advice based on the information provided.
- Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
- Compliance with specification. Subject to our right to amend the specification (see clause 6) we will supply the Services to you in accordance with the specification for the Services appearing on our website at the date of your order in all material respects.
- Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.
- Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
- Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
Your rights to make changes
If you wish to make a change to the Services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the affected Service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Our rights to make changes
- Minor changes to the products provided within the Services. We may change any product that forms the basis of or is part of any Service we provide:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement updates, minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Service we provide;
- Updates to the Terms. We may update the Terms from time to time. Any updated version will apply to any purchase of Services on and after the date we say that the revised Terms come into effect.
- Updates to digital content. We may update or require you to update by downloading software updates or revised or additional digital content, provided that the software shall function and digital content shall always match the description of it that we provided to you before you bought it.
Providing the service you subscribe to
- When you subscribe for a Service you alone are entitled to the benefits of the subscription. Subscribing to a Service is for your personal benefit only. You may not share the subscription with any other party save in circumstances in which you have a disability and rely upon another individual to provide you with support in any form necessary for you to enjoy the benefit we want the subscription to provide you with.
- When we will provide the Service you subscribe for. During the order process we will let you know or if that is not practicable we will advise you soon as we are able to.
- If the Service subscribed to is a one-off purchase of digital content. We will make the digital content available to you as soon as we accept your order.
- If the Service subscribed to includes consultancy or mentoring. We will contact you shortly after you place your order and we have confirmed acceptance of the order with further information.
- If the Service subscribed to is ongoing services or a subscription to receive digital content. We will supply the services and/or digital content to you until either the services are completed or the subscription (if applicable) expires or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 9.
- We are not responsible for delays outside our control. If our supply of the Service you subscribe to is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- Reasons we may suspend the supply of any Service to you. We may have to suspend the supply of a Service:
- to deal with technical problems or make minor technical changes;
- to update any product that forms the Service to which you have subscribed to reflect changes in relevant laws and regulatory requirements;
- we become aware or have good reason to believe that you are not complying with any restriction notified to you under these Terms concerning use of the Services;
- where the Service involves consultancy or mentoring you fail to make yourself available for more than one pre-notified and agreed with you appointment.
- Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending supply of the product relevant to a Service you subscribe to, unless the problem is urgent or an emergency. If we have to suspend the product for longer than one month if the Service is not provided free of charge to you we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for an affected Service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month and we will refund any sums you have paid in advance for the Service in respect of the period after you end the contract.
- We may also suspend supply of the Service where not provided free of charge if you do not pay. If you do not pay us for a Service you have subscribed to when you are supposed to including a card chargeback that you instruct your card provider to apply (see clause 12.4) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the Service where you dispute the unpaid invoice (see clause 12.7). We will not charge you for the Service during the period for which they are suspended. As well as suspending the Service we can also charge you interest on your overdue payments (see clause 12.6).
Your rights to end the contract
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
- If what you have subscribed for is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back);
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
- If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and may not be applicable in particular circumstances, see clause 8.5.
- Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the Service or these terms which you do not agree to (see clause 6.3);
- we have told you about an error in the price or description of the Service you have ordered and you do not wish to proceed;
- there is a risk that supply of the Service may be significantly delayed because of events outside our control;
- we have suspended supply of the Service for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more thanone month; or
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most Services subscribed to online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
- When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
- digital Services after you have started to use, download or stream these;
- Services, once these have commenced, even if the cancellation period is still running;
- How long do consumers have to change their minds? You have 14 days after the day we contact you to confirm we accept your order, or, if earlier, until you start using it, downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
- Ending the contract where we are not at fault and there is no right to change your mind (Subscriptions). If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until the next renewal date after the day on which you contact us provided that you have given at least 24 hours prior notice before the renewal date.
Our rights to end the contract
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- for subscription services you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
- we find that you are not in compliance with the licence terms under which a Service is provided;
- where we provide you access to a Forum you do not comply with the rules of good conduct for that Forum and after warning from us you are still in serious breach of the rules;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, additional contact details;
- We may withdraw a Service or we may convert it into a paid for Service. We may write to you to let you know that we are going to stop providing a Service or are, in future, requiring payment of a subscription or one off payment to access the Service. We will let you know at least 3 days in advance of our stopping the supply of the Service on existing terms.
If there is a problem with a service
How to tell us about problems. If you have any questions or complaints about a Service, please contact us. You can write to us at firstname.lastname@example.org.
Your rights in respect of defective Services if you are a consumer
If you are a consumer we are under a legal duty to supply Services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
- If your digital content is faulty, you're entitled to a repair or a replacement.
- If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
- If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
- You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
- If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
- If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
Summary of your key legal rights
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
See also clause 8.3.
If your product is services, for example a one to one consultancy or mentoring session, the Consumer Rights Act 2015 says:
See also clause 8.2.
Price and payment
- Where to find the price for the Service you subscribe to. The price of a Service (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Service advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Services correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid.
- When you must pay and how you must pay. We accept payment in various currencies and convert them to sterling with Debit and Credit Cards listed on our website. When you must pay depends on what product you are buying:
- For digital content, you must pay for the products before you use or download them.
- For Services, you must make an advance payment of the price of the services, before we start providing them.
- Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge a reasonable interest to you on the overdue amount. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you if you are a consumer
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.1
- When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited.
How we may use your personal information
Other important terms
- We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract If you are unhappy with the transfer you may contact us to end the contract within 3 days of us telling you about it and we will refund you any payments you have made in advance for Services not provided.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland or in other countries you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
- Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
Other important terms
Model Cancellation Form for consumer customers
(Complete and return this form only if you wish to withdraw from the contract)
By email to: email@example.com
By post to: Game Academy Limited of 19 Palace Mansions, Earsby Street, London, United Kingdom, W14 8QW
I [*] hereby give notice that I [*] cancel my [*] contract of sale for the supply of the following service [*],
Ordered on [*]
Reason [ ],
Name of consumer,
Address of consumer,
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate