Terms and Conditions

These Terms and Conditions shall apply above all other unless written deviation is granted. If you have any questions or queries relating to any of these terms, please feel free to contact us before you enter into the contract.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

By agreeing to these Terms, you represent that you are at least the age of 18. You may not use our games for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

1. Definitions

“We” or “us” or “our” means Fat Egg, based in London, United Kingdom. Fat Egg is the trading name of Katalin Wilson;

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• “Commercial purposes” means for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit;

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• “Games” means the products, items, games and or services described on our website and included within your order and supplied to you pursuant to these conditions including but without limitation downloadable games
  
  

2. Payment terms

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The prices payable for the games that you order are as set out in our website.
If applicable they include Value Added Tax (‘VAT’).

Prices for our games are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

3. Right for you to cancel your contract or returns

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You may cancel your contract with us for the games you order at any time before the games have been downloaded (either partially or fully) from our website. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. To cancel your contract you must notify us either by email.

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• You do not have the right to cancel your contract with us for the games you order after the services have been downloaded (either partially or fully) from our website. If the games prove to be faulty, after downloading, we will either replace them with a non faulty version or refund you the amount paid by you for the games in question in whatever way we choose. In addition and without any contractual obligation on our part, if the games are not to your satisfaction we will sympathetically consider replacing them or making a refund provided (with time being of the essence) that you contact us within 5 days of the relevant download being completed.

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• Once you have notified us that you are cancelling your contract in accordance with these conditions before the games have been downloaded (either partially or fully) from our website any sum paid to us for the games from your credit or debit card will be credited to your account or otherwise repaid in an appropriate manner reflecting how you have paid us (e.g. Stripe or PayPal) as soon as possible and in any event within 30 days of your order.
  
  

4. Cancellation by us

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• We reserve the right not to accept your order in whole or in part at our sole discretion or to cancel the contract between us if we are unable to deliver the games you have ordered;

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• If we do not accept your order or cancel your contract we will notify you by email and will credit to your account any sum paid to us from your credit or debit card or otherwise repaid in an appropriate manner reflecting how you have paid us (e.g. Stripe or PayPal) as soon as possible and in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
  
  

5. Your licence to use the games, the intellectual property rights in them

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You acknowledge and agree to be bound by the terms of our licence to you to use the games, as follows:

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• You agree that the games will only be used ONCE by you and for non commercial purposes.

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• If in breach of your licence the games are used for commercial purposes, or in the of event scripts run repeatedly you agree that within 10 days of receipt of an invoice from us and with time being of the essence you will pay us a sum equivalent to our current charge for providing the games for the purpose for which you have used them less the sum that you have already paid for the games together with all costs and expenses that we have reasonably incurred in enforcing the terms of your licence.

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• You agree that the Intellectual Property Rights in the games remain vested in us and that we are granting you a non exclusive licence to use the games for the purpose set out in these conditions. “Intellectual Property Rights” include patents, design rights, copyright, trademarks, service marks (in each case whether registered or not), applications or rights to apply for any of the foregoing, database rights, Know-How, trade or business name, rights in confidential information, goodwill, and other similar rights existing in each case in any part of the world.In addition, All intellectual Property Rights, copyright or trademark used in the website and its content, this to include, without limitation, all design, text, graphics, software, source code and the like connected with the website and the products supplied are owned by us, or under licence to us.

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• Without prejudice to the generality of the foregoing you agree that you will not copy, reproduce, resell or re-distribute the games.

6. User comments, feedback and other submissions

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If, at our request, you send certain specific submissions (for example online entries), or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

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We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

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You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their truthfulness and accuracy. We take no responsibility and assume no liability whatsoever for any comments posted by you or any third-party.

7. Third Party Rights

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Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

8. Returns Policy

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We confirm that we will adhere to our terms in respect of your data as per our Returns and Refunds Policy.

9. Privacy Policy

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We confirm that we will adhere to our terms in respect of your data as per our Privacy Policy.

10. Cookie Policy

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We confirm that we will adhere to our terms in respect of your data as per our Cookie Policy.

11. Limitation of liability

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We do not guarantee, represent or warrant that your use of our games will be uninterrupted, timely, secure or error-free.

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We do not warrant that the results that may be obtained from the use of the games will be accurate or reliable.

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You agree that from time to time we may remove the games for indefinite periods of time or cancel the games at any time, without notice to you.

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You expressly agree that your use of, or inability to use, the games are at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

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In no case shall Fat Egg, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the games or any products procured using the games, or for any other claim related in any way to your use of the games or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the games or any content (or product) posted, transmitted, or otherwise made available via the games, even if advised of their possibility. 

12. Indemnification 

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You agree to indemnify, defend and hold harmless Fat Egg and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable accounting and attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

13. Severability 

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In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

14. Governing Law

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The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

15. Entire Agreement

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These Terms, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the games to you by us.

Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any services offered for sale by us. We shall have no liability for any such representation being untrue or misleading.

16. Waiver and Time

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No delay, act or omission by either you or us in exercising any right or remedy will be deemed a waiver of that or any other right or remedy. Unless stated otherwise time is not of the essence of any date or period specified in these conditions.