Terms and Conditions

GAZOOB.COM WEBSITE TERMS OF USE

Introduction

The Gazoob.com website is owned and operated by Gazoob Limited ('Gazoob' or 'us' / 'our'). Your use of the Gazoob.com website is covered by these Terms of Use.

These Terms of Use are a legally binding contract between Gazoob and the person using Gazoob.com ('You'). So please do not use Gazoob.com if you do not agree to these Terms of Use.

Gazoob may change these Terms of Use at any time, and any such change will govern all future use after it has been published on Gazoob.com or otherwise notified to you.

If you buy anything through Gazoob.com then that purchase will also be covered by additional Purchase Terms of Use and may also be covered by additional contract terms required by third parties, for instance distribution platform owners or payment processors. In addition, Apps or other content purchased through Gazoob.com may include their own additional terms, including terms relating to privacy or other matters.

However, nothing in these Terms of Use shall affect your statutory rights as a consumer.

Ownership and Use of Content

All of the content on Gazoob.com is owned by Gazoob (or its licensors) and all intellectual property rights are reserved by them. You may only use the content available on Gazoob.com in order to browse the products available and only for your own personal, non-commercial use. You cannot copy or reproduce any part of the content available on Gazoob.com.

Third party content

Gazoob Ltd is not responsible for the content of third party websites. The views expressed by content developers are their own and not specifically endorsed by Gazoob.

Posting Content on Gazoob.com

Some sections of Gazoob.com, such as any online forum, may allow you to upload or post information or other content to Gazoob.com. You will remain responsible for all content you upload or post.

You may not upload or post: (i) any malicious software or spyware; (ii) any content which is owned or controlled by a third party (unless you have permission); (iii) any content which is defamatory, threatening, abusive, obscene or unlawful, or which infringes the rights of any person; (iv) any content intended to be uploaded or posted for commercial or marketing purposes, including content generally known as 'spam'.

Without limiting our rights, we are free at all times to remove any content and to withdraw any access rights if we believe that these Terms or any acceptable use policy have been breached, or if we receive an allegation to that effect, without the need for us to undertake any investigation or to notify you of our decision.

We may from time to time establish or update an acceptable use policy for online forums or other parts of Gazoob.com, and you must ensure that you adhere at all times with any such policy once it has been published.

No Promises are made about Gazoob.com, and no liability accepted.

Gazoob will make commercially reasonable efforts to maintain Gazoob.com but Gazoob cannot make any promise about the content of Gazoob.com or the availability of Gazoob.com, and all content is provided 'as is'.

Gazoob can change, suspend access to (or remove) any or all of Gazoob.com (including any content) at any time and can change any user's access rights at any time.

Gazoob is not responsible for the content of any third party website including any website linked by or to Gazoob.com, or for any content posted or uploaded by any third party (including any content posted on any forum hosted by Gazoob).

To the fullest extent allowed by law, Gazoob disclaims all representations, warranties and other terms relating to the content or operation of Gazoob.com or the activities of Gazoob.

In addition, Gazoob shall not be liable to you in any manner and under any legal theory for: (i) any direct economic loss; or (ii) for any indirect, consequential, exemplary, incidental, special or punitive loss or damage, including damages for lost profits or loss of data, arising out of or resulting from, your use of Gazoob.com, even if we are aware of the possibility of such damages.

Our maximum aggregate liability to you arising under or in connection with these Terms of Use, Gazoob.com or any product or service provided by us via or in connection with Gazoob.com, shall not exceed the total sums you have paid to us.

However, nothing in these terms will limit or exclude the liability of Gazoob for death or personal injury caused by Gazoob, fraud or fraudulent misrepresentation, or any other liability which Gazoob cannot limit or exclude by law.

Terms of Sale

1. INFORMATION ABOUT US

Gazoob.com (‘the site’) is a website operated by Gazoob Limited (‘Gazoob’, ‘us’ or ‘we’). Gazoob Limited is a company registered in England and Wales under registration number 01862354, whose registered address is at Riverside House, Osney Mead, Oxford, OX2 0ES Our VAT number is GB 112 6904 38

2. HOW THESE TERMS APPLY TO THE SALE OF PRODUCTS

2.1

These terms and conditions of sale set out the terms on which we supply any of the following products via our site to you:

Digital downloads of ebooks, apps and games to your computer, tablet or mobile;

Digital downloads of video products to your computer, tablet or mobile;

Streaming of video or audio products via this site

(the ‘Products’)

2.2

Each time you purchase Products through this site you will be required to click the ‘Submit Order’ button to complete the order. By clicking the ‘Submit Order’ button and/or by using this site to purchase Products you are accepting these terms and conditions of sale and if relevant any Product specific terms. Any terms which you seek to impose in respect of your purchase of Products through this site will not form part of any contract between us. Please read these terms and conditions carefully before ordering any of the Products from our site. If you have any queries on these terms please contact us before placing any order.

2.3

From time to time, Product specific terms may apply in addition to or replace these terms in respect of certain Products available on the site. For example, additional terms such as territorial restrictions may apply to specific Products. These Product specific terms will be clearly indicated and featured on the site in the order process for the relevant Product.

2.4

To the extent that there is any conflict or inconsistency between any of the terms and conditions on this site and our Privacy Policy (located at http://www.gazoob.com/privacy.html) in respect of your use of and/or order for Products, the following order of precedence will apply:

Product specific terms;
Product terms and conditions of sale;
Website terms of use;
Privacy Policy.

2.5

We recommend you review these terms and conditions each time you purchase Products and print a copy of these terms and conditions for your future reference.

3. TERRITORIAL RESTRICTIONS

3.1

The Products for sale on our Site are generally available worldwide, however certain Products may not be available in all territories. This will be clearly indicated on the specific Product description.

3.2

No orders for the delivery or supply of a Product will be accepted from anyone who is resident in a territory that is specifically excluded.

3.3

We may employ various technological means/methods to ensure compliance with territorial restrictions including credit card checking and reverse IP look up. You agree you will not circumvent or attempt to circumvent any technology we employ to verify/control territorial restrictions.

4. ABOUT YOU

4.1

By placing an order for Products through our site, you warrant that:

You are legally capable of entering into binding contracts; and
You are at least 18 years old.

4.2

By placing an order for Products you agree that we may store, process and use personal data collected from you for the purposes of processing/fulfilling your order. We work with third parties that help us provide the Products to you including card payment and collection companies and they will also have access to your personal data to the extent necessary to help us process/fulfil your order. For further information about how we may store, process and use your personal data please refer to our Privacy Policy at [insert link].

5. REGISTRATION

5.1

You do not need to register with the site to place an order for Products, but you will be required to provide us with certain information including certain personal and payment/billing details so that we can process your order.

5.2

You agree to provide us with truthful, complete and accurate details. You agree to provide us with your details only. You should keep any account details (including any password) safe and should not share or disclose them to anyone. Please notify us immediately if you suspect your account details have been compromised. You are responsible for all orders placed/activity undertaken using your account details.

5.3

Please help us to ensure that the details you provide us with are kept up to date. You can access and update your information by visiting the ‘your account’ area of the website and make the necessary updates or can contact us at support@gazoob.com and we will help you however we can.

6. PRODUCTS

6.1

We provide the digital service on this site which allows you to access and/or stream and/or purchase downloads of Products.

6.2

All Products available through this site are owned or controlled by us, our group companies or our licensors and are protected by intellectual property rights. The intellectual property rights (including copyright and trade mark rights) in each Product remain at all times the property of Gazoob or its licensor(s). In addition:

You may not reverse engineer or decompile any Product except to the extent that we are required to permit you under mandatory law.
We may (but are not required to) modify or update any Product on your device after it has been downloaded, and we need not provide separate notice of modifications or updates to you.

Notwithstanding the use of the words “sale”, “purchase” and “sold”, all Products are licensed, not sold.

6.3

Use of Products may be controlled by specific terms provided by the owner and publisher of the Product. This may be for personal use only and commercial use is prohibited except to the extent expressly allowed in writing. You are required to ensure that you comply with the specific terms for the Products indicated.

6.4

You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer any Products available through this site. Nothing in these terms of sale grants to you any rights other than those expressly set out herein. These terms do not grant to you any rights in relation to the synchronisation, commercial sale, resale, reproduction, distribution or commercial exploitation of any Product.

6.5

We will be entitled to obtain injunctive relief against you, in addition to all other remedies that we may have, to enforce these terms of sale and to prevent your unauthorised use of this site or Products.

6.6

Downloadable Products are capable of being downloaded to and stored on the hard drive of your computer and then exported, burned or copied. However, you must adhere to any and all usage restrictions that apply to the Products. A failure do adhere to those restrictions may constitute a violation of copyright law, as well as a breach of these terms and conditions.

6.7

You are responsible for ensuring that you do not lose, destroy, or damage any Product you purchase through this site. We shall not be obliged to replace any Product in the event of any loss, destruction, or damage not caused by our negligence.

6.8

You are able to download the same book, app or game up to 3 times over a 1 year period, should you exceed this limit please email support@gazoob.com and we may be able to assist you further but we reserve the right to charge for such assistance.

6.9

We reserve the right to introduce and/or change usage rules limiting the number of times any download of a Product may be made. We may do this in relation to any and/or all of the Products available as downloads from time to time via this site.

6.10

In any event if you burn any download of a Product to disc or transfer it to a portable device you agree not to further copy, distribute or transfer the download from that disc or portable device.

7. PURCHASING PRODUCTS FROM LINKED STORES AND MARKETPLACES

7.1

We offer for sale Products available through third party marketplaces and online App Stores such as but not limited to iTunes, Intel AppUp Centre, Microsoft Windows App Store. These have their own terms and conditions of purchase and use. You will be required to agree to their terms of purchase and use.

8. PLACING AN ORDER AND HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

8.1

After placing an order for a Product via our site, you will receive an on screen message and e-mail from us setting out the details of your order and acknowledging that we have received your order.

8.2

The contract for the purchase of any Product will be between you and us and will only be formed when we make the Product available for download and we have received payment in full for the Product. Until we make the Product available for download and receive payment in full there is no contract between you and us for the Product (but this shall not affect the existence or validity of any pre-existing contract between you and us). We reserve the right, in our sole discretion to reject any order we receive.

9. AVAILABILITY AND DELIVERY

9.1

All Products featured on our site are subject to availability. We reserve the right to change or remove a Product or other content on the site at any time without notice or liability to you. For example we may have obtained rights from third parties to make a Product or Products available and, in the event we lose these rights, we may need to remove the Product or Products from the site and make it unavailable for purchase.

9.2

We will endeavour to make it clear where Products offered are available for a limited time or in limited numbers.

9.3

We update our site regularly to avoid causing disappointment but it can take time to update our site and we cannot guarantee that any particular Product will be available at a particular time.

9.4

Some Products may be made available for pre-order which means they will not be available for download until the scheduled release date. Products will normally be available to download on the day of release. There may be occasion from time to time when they are not available (eg for technical difficulties/unavailability of our site) and we make no guarantee that any Product ordered prior to the release date will be available on the release date previously published. Release dates are subject to change from time to time.

10. PRICE AND PAYMENT

10.1

We shall determine in our discretion from time to time whether and which Products are to be made available free of charge, on payment by you of the relevant price or in return for some other consideration (for example by signing up to a mailing list).

10.2

Subject to the provisions of sections 9, the price of any Product will be as quoted on this site at the then current time, except in the case of obvious error. This price will include VAT. In the checkout and on your invoice/receipt, the VAT portion of the transaction will be itemised.

10.3

We use our best efforts to ensure the prices of Products displayed on our site are correct. However, our site contains a number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. If a Product's correct price is higher than the price stated on our site at the time you placed your order and we have not yet taken payment and made the Product available for download we will normally, at our discretion, either contact you for instructions before making the Product available for download (ie to confirm your order and that you wish to proceed at the correct price), or reject your order and notify you of such rejection.

10.4

We are under no obligation to provide the Product to you at an incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a pricing mistake. We reserve the right to withdraw from any contract for Products in the case of obvious and unmistakable pricing errors.

10.5

Prices for Products are liable to change at any time, but subject to sections 10.4 and 21.2 changes will not affect orders in respect of which we have already taken payment and made the download available.

10.6

NOTE THAT IF YOU ARE DOWNLOADING THE PRODUCTS TO A MOBILE DEVICE SOME NETWORK/SERVICE PROVIDERS MAY CHARGE YOU AN ADDITIONAL AMOUNT FOR THIS SERVICE. WE RECOMMEND YOU CONTACT YOUR NETWORK/SERVICE PROVIDER TO UNDERSTAND THE NATURE AND EXTENT OF ANY ADDITIONAL CHARGES BEFORE SELECTING THE DOWNLOAD TO MOBILE OPTION. NOTE THAT OVERSEAS ROAMING CHARGES MAY ALSO APPLY.

10.7

Payment for all Products must be by credit or debit card, Paypal or via a gift certificate. We accept the credit and debit cards displayed on the Product or payment pages of our site from time to time.

10.8

By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorised to purchase the Products and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorised to use such. All card payments and card holder details may be subject to validation checks by us and the card issuer.

10.9

All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order. Should there be a problem with your payment we may contact you to discuss the next steps.

11. CANCELLATIONS AND RETURNS

Cancellation of an order for a download of a Product.

Please note that following terms do not affect your statutory rights as a consumer.

11.1

Subject to section 11.2 and 11.4, you may not cancel an order by you for any download of a Product once it has been downloaded by you and each purchase of a download shall be deemed a final, non-exchangeable, non-refundable sale subject to the following paragraph.

11.2

You may cancel an order for a downloadable Product purchased directly from our site at any time prior to your first download of that product - which is recorded by our system. In order to obtain a refund you must notify us by email using the email address you used to purchase the Product from us. You must state your Name, Address, your order number and the product you wish to obtain a refund for.

11.2.1

Purchases made from a third party market place or app store which is linked to from our site will be governed by the terms and conditions and specifically the refund and cancellation policies of that app store and over which we have no control.

11.3

Once you have notified us that you are cancelling your order, any sum debited to us from your credit or debit card or Paypal account will be re-credited to your account as soon as possible and in any event within 30 days of your cancellation.

Incorrect/Faulty/Defective Products

11.4

We take great care in providing our Products. In the unlikely event of faults with, or damage to, the Products or if you have received an incorrect or incomplete Product please contact us at support@gazoob.com. We will replace any such faulty or damaged Product if possible or if there are continuing issues with the Product we may issue a refund. You must notify us within a reasonable period of time of download of the Product. If you fail to notify us within a reasonable time, we will have no liability to you.

12. TERMINATION OF YOUR ACCOUNT

12.1

If you are in breach of, or we suspect you are in breach of, these terms and conditions of sale (including if you use any Product or the site for business purposes or you breach usage rules) then we may take any/all of the following actions:-

issue a warning to you;

immediate, temporary or permanent withdrawal of your access to your account and/or the site however you will remain responsible for all outstanding amounts on your account;

take legal action against you;

disclose relevant information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited and we may take any action we reasonably deem appropriate.

13. OUR LIABILITY TO YOU

PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT THE LIMITATIONS OF OUR LIABILITY TO YOU

13.1

You agree you will have no claim against us, in respect of any decision to remove Products from this site or any decision to suspend or terminate your access to this site or to Products (including by way of purchase) through the site.

13.2

We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for the purpose for which products of the same kind are commonly supplied. We do not make any other promises or warranties about the Products. You agree that use of this site to access or purchase Products is at your sole risk.

13.3

If you or we are in breach of the contract for the Product, neither of us will be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the breach.

13.4

Our liability for losses you suffer as a result of us breaking a contract for a Product(s) is strictly limited to the purchase price of the relevant Product(s) affected.

13.5

We are not responsible for losses which happen as a side effect or as a consequence of the main loss or damage and which are not foreseeable by you and us including but not limited to:

third party loss;
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of, damage to or corruption of data;
loss of opportunity or goodwill;
indirect or consequential loss of any kind; however arising and whether caused by tort (including negligence), breach of contract or otherwise.

13.6

This section 13 does not exclude or limit in any way our liability:

for death or personal injury caused by our negligence;
for fraud or fraudulent misrepresentation; or
for any matter for which we cannot exclude, or limit our liability under applicable law.

14. WRITTEN COMMUNICATION

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

15. NOTICES

All notices given by you to us must be given to Gazoob Limited, Riverside House, Osney Mead, Oxford OX2 0ES or by email support@gazoob.com. We will give notice to you at either the e-mail or postal address you provide to us as part of the order process or your account registration. Notice will be deemed received and properly served immediately when posted on our site, 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, and received by, the specified e-mail address of the addressee.

16. TRANSFER OF RIGHTS AND OBLIGATIONS

You may not transfer, assign, charge or otherwise dispose of a contract for Products, or any rights or obligations arising under it, without our prior written consent. You agree that we may assign any of our rights or sub-contract our obligations (for example contracting with a third party company to deliver the Product) at our discretion.

17. EVENTS OUTSIDE OUR CONTROL

17.1

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract for a Product that is caused by events outside our reasonable control (Force Majeure Event).

17.2

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) 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 and/or the acts, decrees, legislation, regulations or restrictions of any government.

17.3

Our performance under any contract will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance the same as 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 relating to the Products may be performed despite the Force Majeure Event.

17.4 Non Force Majeure events beyond our control.

18. WAIVER

18.1

If we fail, at any time during the term of a contract for a Product, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies which we are entitled to under the contract relating to the Products, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

18.2

A waiver by us of any default shall not constitute a waiver of any subsequent default.

18.3

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with section 15 above.

19. SEVERABILITY AND THIRD PARTY RIGHTS

19.1

If any of these terms or any provisions of a contract for a Product are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or provision will to that extent be removed from the remaining terms and provisions which will continue to be valid to the fullest extent permitted by law.

19.2

A person who is not a party to these terms of sale has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.

20. ENTIRE AGREEMENT

We intend to rely upon these terms and conditions of sale and any document expressly referred to in them in relation to the subject matter of any contract relating to the Products. If you are uncertain about your rights or think there is a mistake or that the terms are not complete and accurate or do not reflect any conversation with our customer services representatives, please contact us before placing an order in order to discuss your query/concern as we only accept responsibility for statements made in writing. In that way, we can avoid any problems surrounding what we and you are expected to do in relation to the contract for the Product.

21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

21.1

We have the right to revise and amend these terms and conditions of sale from time to time including to reflect changes affecting our business, changes in technology, changes in licensing arrangements, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our site's capabilities. However, revisions or amendments will not apply in respect of Products you downloaded before such revision or amendment, except as explicitly stated in these terms (including in section 21.2 below).

21.2

You will be subject to the policies and terms and conditions of sale in force at the time that you order Products from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we give you reasonable notice of the change to those policies or these terms and conditions of sale before we confirm your order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products or our entering into the contract for the Products (as applicable)).

Governing law, Severability and Assignment

Use of this site and contracts for the purchase of Products directly from our site 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.If any part of these Terms of Use is found to conflict with applicable laws and/or is found to be not legally binding upon any person, such part will be deemed invalid but only to the extent that it is found to conflict with such laws and/or is found to be not legally binding. All other provisions of these Terms of Use will remain in full force and effect.

We may assign the benefit of these Terms of Use, including our rights under the section headed 'Terms of Sale', to any purchaser of some or all of our business or to any other company in the same group as Gazoob.

The purchase of Products from third party market places or app stores may be governed by laws of other countries.

Our Details

Gazoob Limited is a company registered in England and Wales under registration number 01862354, whose registered address is at Riverside House, Osney Mead, Oxford, OX2 0ES, the United Kingdom.

If you have any queries at all regarding this site, the products featured on the site or any of the terms, please do not hesitate to contact us via e-mail at support@gazoob.com where we will be happy to assist you.

This version published 14 Dec 2012.

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