Terms and Conditions
Applicability of the Terms and Conditions
Customers who are prohibited from using the Website due to the regulations of the state or regional restrictions, including the country/region of current residence of the Customer and place of use of services, are hereby asked to refrain from using the Website.
The Customer confirms that he/she is at least 16 (sixteen) years old or reached age under respective country’s laws which allow them to assume responsibility for obligations emerging from contractual relations and has a full capacity to take legal actions. Also, the Customer confirms that there are no restrictions under respective country’s laws to use Services provided by softgames.
softgames has the right to make changes and modifications to these Terms and Conditions, including the right to draw new provisions and withdraw the old ones, at its own discretion, unilaterally and at any time by announcing the amendments of Terms and Conditions on the Website. It is the Customer’s obligation to check on a regular basis whether the Terms and Conditions were subject to amendments. By further using of the Website and the Services, the Customer confirms being bound by all changes to the Terms and Conditions. The amendments of Terms and Conditions come into effect in 10 (ten) days after the announcement on the Website unless it is explicitly stated otherwise.
softgames communicates with the Customer by sending e-mails or through the Website Account’s electronical system by leaving notices to them. The Customer unconditionally consent to receive communications electronically and agrees that all agreements, notices, disclosures and other communications that softgames electronically provides meet any legal requirements of such communication in writing.
Forming a Sales Contract
- Each Order placed by the Customer through the Website shall be deemed to be an offer by the Customer to buy Products subject to these Terms and Conditions. softgames has the right to verify Customer’s method of payment, billing and shipping addresses before accepting the Customer’s Order. softgames shall either expressly accept by giving notice of acceptance, or impliedly by fulfilling the Order, in whole or in part. Any form of acceptance by softgames will result into a Sales Contract between Vendor and the Customer, governed by these Terms and Conditions.
- The Customer can purchase Products (codes) to activate games through the game's platform. No Order shall be considered to be accepted by softgames until the ordered Products (digital goods) have been made available and the Customer receives the relevant confirmation email.softgames shall attempt to notify the Customer in case softgames declines to accept an Order using the email address or other contact information the Customer has provided with the Order. Once the code has been validated (by being accepted by the platform), it will be considered as “used”.
- No terms, conditions or specifications – or any similar wording or document – endorsed upon, delivered with or contained in the Customer’s Order, shall form part of the Sales Contract entered into upon Order confirmation simply as a result of such document being referred to in the Sales Contract and the Customer waives any right which it otherwise might have to rely on such terms.
- softgames shall execute Orders to the Customer's requirements but may – at its sole discretion – provide substitute Products where requested by the Customer, or where the Product has been superseded by the latest version. For the avoidance of any doubt, any past accommodations of such Customer requests shall not be construed as past contractual performance upon which a Customer may require softgames to continue accommodating such requests in the future. To the extent that Orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on back Order to be fulfilled when softgames next has available stock or be cancelled and refunded to the Customer.
- Both softgames and the Customer acknowledge that they have not relied on any statement, promise or representation made or given by or on behalf of the other which is not set out in the Sales Contract entered into upon Order confirmation or in any confirmation email; without however such confirmation email constituting an amendment of the Terms and Conditions governing such Sales Contract. Nothing in these Terms and Conditions shall exclude or limit either party’s liability for fraud or fraudulent misrepresentation.
- Instructions for making payments through the Website could be find here. These instructions are the integral part of the Terms and Conditions.
- Without the permission of softgames, Customers have no right to transfer their obligations, claims or rights to third persons. Customers agree that softgames shall have the right to transfer its’ rights and obligations arising from the agreements to third persons. softgames will inform of such transfer in the Website.
- If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable by a court or arbitral tribunal, the other provisions of these Terms and Conditions will remain in full force and effect. Any provision of these Terms and Conditions held to be illegal, invalid or unenforceable only in part, or to a certain degree, will remain in full force and effect to the extent that it is not held illegal, invalid or unenforceable.
- These Terms and Conditions and the relations between softgames and Customers in respect to these Terms and Conditions (including the execution, validity, invalidity, implementation and termination of these Terms and Conditions) are governed by and interpreted in accordance with the laws of the Republic of Lithuania.
- Except otherwise provided in these Terms and Conditions, no delay of softgames or Customer to exercise any right or to perform an obligation under these Terms and Conditions shall be considered as a waiver of such right or excuse from the performance of such obligation and separate or partial performance of any obligation. Separate or partial exercise of any right shall not mean that this obligation need not be performed or this right may not be exercised in the future.
- All the data and information stored in the Website can be used by softgames on purpose to its’ functioning.
- Communication with softgames support proceeds through the e-mail address firstname.lastname@example.org.
- Different countries’ laws may cause unavailability for some Customers to use respective services of the Website.
- In the event Terms and Conditions are translated into other languages and if there are differences between the English version and such translation, the English version shall prevail, unless provided otherwise.