We are Hutch Games Ltd (“Hutch”) and these Terms of Service (the “Terms”) govern the relationship between you and Hutch when you play our games (each a “Game” together the “Games”), a current roster of which can be found on Hutch’s website at www.hutchgames.io and/or such other domain names as owned or operated by Hutch from time to time (our “Websites” and each our “Website”).
Background: These Terms govern the relationship between you and Hutch Games Ltd (a private limited company incorporated in England and Wales with company number 07692393 with its registered office at 44-46 Scrutton Street, London, EC2A 4HH, England) (hereafter “Hutch”, “us” or “we”). We may update these Terms from time to time. Any changes will be notified via a suitable announcement on our Website and/or within each Game. The changes will apply to your use of our Games and our Website after we have given notice. If you do not wish to accept the new Terms you should not continue to use our Games and/or our Website (as applicable). If you continue to use our Games and/or our Website (as applicable) after the date on which the change comes into effect, your use of our Games and/or our Website (as applicable) indicates your agreement to be bound by the new Terms.
1 Games and Virtual Items
We offer our Games to you as standalone applications (or ‘apps’) via mobile and on-line platforms that may include Apple Inc’s ‘App Store’, Google Play, the Amazon Store and the Microsoft Store (the “Platforms”). Our Games may offer you the opportunity to earn or purchase virtual currency and/or virtual goods, together with loot boxes and other in-app purchases (together “Virtual Items”) for use within our Games (see paragraph 10 below).
2 Your Eligibility
To play our Games and purchase Virtual Items you promise to Hutch that:
a) you are legally entitled to own the device you are using to access the Games and play the Games and, if you purchase Virtual Items, you are legally entitled to make such purchases using the payment functionality the Games provide;
b) you are not located in a country that is: (i) subject to a US Government embargo or has been designated by the US Government as a ‘terrorist supporting’ country; and (ii) you are not listed on any US Government list of prohibited or restricted parties;
c) the information you provide to us is true and accurate and you will update such information when necessary;
d) you have not previously been banned or blocked from using any of our Games or any Platform (including Apple’s App Store);
e) if you are downloading or purchasing the app from Apple’s App Store you must have an Apple Account; and
f) you will not:
i. copy, licence, sell, trade, alter, create derivative works or otherwise deal with the Games or any Virtual Items;
ii. use the Games or any Virtual Items for any illegal activities;
iii. use any bot, robot, spider or other automatic crawling device (or any manual process) to monitor or copy any of our Games and their content;
iv. use the Games or any Virtual Items to disseminate any information or materials that are obscene, violent, threatening, libellous, discriminatory or otherwise, in Hutch’s opinion, offensive;
v. use the Games or any Virtual Items to disseminate any information or materials that would infringe, or might infringe, any intellectual property rights, including those of Hutch; or
vi. claim or attempt to claim a refund for Virtual Items you have purchased, either from Apple or from Hutch, where such claim or attempted claim would be fraudulent or otherwise improper and in any event in breach of these Terms.
3 Acceptance of these Terms
If you have an account on any Platform (including an Apple Account) and download or stream our Games (as applicable) you are deemed to accept these Terms. You acknowledge that these Terms: (a) apply from the date on which you first download or stream any of our Games: (b) apply to your use of our Games and Virtual Items: and (c) form a legally binding contract between you and Hutch.
4 Relationship with Apple
If you download or stream one of our Games from the Apple Store, you acknowledge that your acceptance of these Terms forms a legally binding contract between you and Hutch; not with Apple. Hutch is solely responsible to you for each of its Games and their content; not Apple. Apple’s terms and conditions apply to your use of the Games and your purchase of Virtual Items (the “Apple Terms”). If there is any conflict between these Terms and the Apple Terms, the Apple Terms shall prevail.
5 Special Terms
Other terms and conditions also apply to your use of our Games, depending on how you access them. For example, if you access our Games through Facebook using its ‘Facebook Connect’ functionality, Facebook’s terms of service may apply and, as noted above, when you download or stream any of our Games, KTPlay’s Terms of Service and Privacy Policy apply. From time to time we, or one of our business partners or a third party, may operate a competition or promotion that is subject to additional further terms. The terms of other Platforms may also apply to you. Each of these are “Special Terms”. If there is any conflict between these Terms and the Special Terms, the Special Terms shall prevail.
6 Grant of a Licence
In consideration of your agreement to be bound by these Terms, we grant you a single non-exclusive, non-transferable, revocable licence permitting you to download or stream and play our Games for your personal, non-commercial, entertainment purposes on suitable products and devices. Hutch owns (or has a licence to use) all intellectual property in its Games (including all copyright in the underlying software code and in the visual artwork and graphics and all trade mark rights in the Games’ titles). By using our Games under licence you acknowledge and agree that you do not acquire any intellectual property in our Games.
7 User Consent
Hutch uses its reasonable endeavours to clear all photo, or other content included in its Games. However, if you feel that, in your position as a rightsholder, we haven’t done so, please contact us at biz@hutchgames.com. If appropriate, we will be happy to credit you accordingly. Should you upload, transmit, create or generate any data or other content in any Game (including text, videos, art ,or other content which you have created) (“User Content”) such User Content will be non-proprietary and non-confidential. If you wish to keep such User Content confidential do NOT upload or transmit it. You grant Hutch a non-exclusive, perpetual, irrevocable (save to the extent as provided in our Privacy and Cookies Policy), worldwide, royalty-free licence to use such User Content, including to reproduce, distribute, modify, edit, create derivative works of and otherwise exploit such User Content for its own business purposes, including in marketing and promotion. To the extent permitted by applicable law, you waive any moral rights that you may have in any User Content (such as the right to be identified as the author of such User Content or the right to object to particular uses of such User Content). Any User Content that you upload or transmit to Hutch must: (a) be accurate; (b) not be confidential; (c) be in compliance with applicable law; (d) be free from viruses, adware, malicious code or other spyware; and (e) not infringe any third party intellectual property rights and, where any personal data is included, you must have obtained the consent of the individual whose personal data is being so uploaded or transmitted to do so.
8 Use of Our Chat Facility
Some of our Games offer an in-game chat facility where you can communicate with other players whilst playing the Games. By using the chat facility you agree to the provisions of this paragraph 9:
a) you are at least 18 years of age
b) whilst our moderators can review messages and will attempt to keep all unsuitable communications off this facility, it is impossible for us to review all messages – messages express the views of the persons who sent them and such persons will be held responsible for the content of such messages;
c) we reserve the right to remove, edit, move or close any of your messages for any reason and we reserve the right to cancel or suspend your use of the chat facility at any time for any reason; and
d) messages sent using the chat facility are also subject to the following restrictions. Messages shall not:
i. be vulgar, sexual, violent, threatening, harassing, defamatory, hurtful or in any other way objectionable or inappropriate;
ii. promote or discuss any illegal activities;
iii. harass, degrade, intimidate or be hateful towards any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
iv. relate to any commercial services, goods or event nor constitute any form of advertising or solicitation (including any form of spamming);
v. infringe any third parties’ intellectual property rights, including any copyright or trade marks or misuse confidential information – for example by providing quotes from texts, photos or any other music or video files; or
vi. impersonate any other person or entity, misrepresent an association with a business or organisation (including Hutch and the Platform providers) or otherwise be deceptive or misleading.
vii. discuss, promote or encourage the use of cheats, exploits or associated third party software;
viii. discuss, promote or engage in the buying, selling or otherwise trading of game accounts;
ix. discuss, promote or engage in the unauthorised buying, selling or otherwise trading of in-game currency or virtual items;
x. encourage other players to break the rules;
xi. discuss, promote or encourage self-harm or suicide;
xii. offer or attempt to solicit sexual services;
xiii. engage in sexually-oriented activities or role-playing;
xiv. intentionally attempt to bypass the censors;
xv. bypass our age gate or submit any information you know to be false.
xvi. promote or discuss any illegal activities;
xvii. infringe any third parties’ intellectual property rights, including any copyright or trade marks or misuse confidential information – for example by providing quotes from texts, photos or any other music or video files; or
xviii. impersonate any other person or entity, misrepresent an association with a business or organisation (including Hutch and the Platform providers) or otherwise be deceptive or misleading.
e) Hutch also strongly advises that players do not communicate with other players outside of the Game. Hutch shall not be liable for any loss or damage suffered by you as a result of you choosing to do so.
Virtual Items and Payments
9 Virtual Items
Virtual Items can be ‘purchased’ or ‘earned’ in our Games. Hutch makes available the following Virtual Items:
a) ‘virtual currency’ being in-Game currency (whether in the form of virtual tokens, coins, cash, points, bonuses or otherwise) that can be earnt or purchased to purchase ‘virtual goods’;
b) ‘virtual goods’ being virtual ‘assets’ which can be used by you within a Game to enhance your playing experience and which might include access to motor vehicles with better attributes, particular features, shortcuts, the use of a specific tool or equipment with special powers, enhancement of your Game status or the ability to move up a level or to complete a Game more quickly;
c) ‘loot boxes’ being specified or unspecified items that are given at random to you within a Game via a weighted probability system and which might include items that enhance your Game status or increase your ability to move up a level or to complete a Game more quickly; and
d) ‘Challenge IAPs’ being virtual currency which is “boosted” and which, if purchased or earnt, gives you special powers which may help you win limited or restricted Virtual Items.
10 Purchasing or Earning Virtual Items
Hutch offers you the opportunity to either:
a) purchase for ‘real’ money a licence to use Virtual Items within the Games;
b) earn a licence to use Virtual Items as part of a Hutch or third party promotional offer, competition or action (although such offers may be subject to Special Terms); or
c) earn a licence to use Virtual Items within Games by completing defined in-Game actions.
11 Licence for Virtual Items
If you purchase or earn Virtual Items your use of them is subject to the following licence together with any Platform specific terms:
a) Subject to paragraph 16, Virtual Items are not redeemable or refundable. Once you have purchased or earned Virtual Items you will not get the ‘real’ money you paid back as Virtual Items have no monetary value. Any virtual currency balance shown in any Game account or wallet does not constitute a real-world balance or reflect any stored value, but measures the extent of your limited license to use Virtual Items within the Games;
b) Virtual Items are personal to you and non-transferable i.e. only you can use Virtual Items and you cannot permit anyone else to use them whether via your Apple Account or otherwise. You cannot trade them in any way whether by selling them for real money to other players, exchanging them for other items or dealing or disposing of them in any other way (with the exception of any in-game Virtual Item auction function that Hutch may elect to offer);
c) your right to use Virtual Items ends as a result of any Platform provider (including Apple) or any online wallet provider having to suspend or close your account with them pursuant to these Terms or pursuant to any relevant terms of such Platforms or wallets;
d) from time to time Hutch may offer you Virtual Items which are subject to specific terms. For example: (i) Hutch may: put in place offers to purchase Virtual Items at a discount; (ii) put in place a limited time period in which any Virtual Items may be purchased or earnt; (iii) put in place specific specified or unspecified conditions relating to when such Virtual Items may be purchased or earnt, or (iv) make available for purchase Virtual Items that are non-restorable (that is, will not be restored in the event of account recovery and/or you logging in on a new device).. Hutch may also sell access to restricted and sometimes time limited gameplay and challenges including, for example, offering Virtual Items to purchase which allow you to bypass such restrictions, either temporarily or permanently. Thus, in certain instances Virtual Items may only be available for a limited time or subject to specific conditions and you shall comply with and adhere to such conditions accordingly;
e) you are responsible for your use of Virtual Items within the Games and we have no responsibility or liability to you regarding how you use such Virtual Items. For the avoidance of doubt, any winnings from wagering with Virtual Items may not be traded for money or money’s worth;
f) in order to avoid retaining data that is no longer needed and to be able to improve our Games, your licence to use Virtual Items may expire if your account is inactive. Hutch shall retain any data relating to your account (including Virtual Items and progress) in accordance with our retention periods applicable to personal data, which are set out in our Privacy Policy; and
g) Hutch may, from time to time, decide or be required to stop providing a Game and/or any part of it (including Virtual Items). If such event occurs Hutch shall provide you with as much advance notice as is commercially possible in the circumstances informing you that it will no longer be able to provide the Game and/or any part of it (including Virtual Items) and provide you with a time period during which you can use any remaining Virtual Items before the Game or that part of it ceases to be available. In certain circumstances (for example for legal or regulatory reasons) Hutch may have to stop providing the Game or part of a Game (including Virtual Items) with no advance notice and, in such circumstances, Hutch shall be under no obligation to provide you with a refund for any remaining Virtual Items, although it may choose to provide such refund in its sole discretion.
12 Price
The price payable by you for Virtual Items (the “Price”) is indicated within the applicable Game at the time you make your purchase. If you are resident in the European Union, the Price includes any applicable value added or similar sales tax. Hutch reserves the right to change the Price and specifications for any Virtual Items at any time for any reason.
13 Errors
Hutch uses its reasonable endeavours to ensure that errors and mistakes do not occur in the Games in relation to pricing and your purchase and use of the Games or Virtual Items. However:
a) Hutch reserves the right to void any such obvious error or mistake however it arises or results including, for example, errors or mistakes due to human error or technical fault resulting in, for example, the cost of a virtual good or virtual currency being mispriced giving you an opportunity to profiteer from such mispricing. You hereby forfeit any Virtual Items you obtain as a result of such an error or mistake; and
b) if the price or specification for any Virtual Item published within a Game is materially incorrect when you place an order for that Virtual Item and you contact Hutch to inform it of this incorrect information, we will: (i) provide you with the correct Price or specification; and (ii) ask you to confirm whether you would like to purchase the applicable Virtual Item at the correct Price or specification. If applicable, Hutch will also state the period for which the offer or Price remains valid. If you choose not to complete your purchase at the corrected Price or product specification, Hutch will provide you with a full refund for any amounts already paid by you; and Hutch reserves the right to edit Virtual Items at any time for any reason, including, for example, to correct inaccuracies or to update or modify the features, characteristics, colours or other aspects of such Virtual Items.
14 Availability
Hutch reserves the right to limit the amount of Virtual Items you can purchase in a given period. Virtual Items may only be purchased and used by players in jurisdictions where such activities are permitted under applicable law. Virtual Items may only be purchased from Hutch through the Games or as otherwise expressly authorised. Hutch reserves the right to refuse any request to purchase Virtual Items for any reason.
15 Chargebacks
Hutch may cancel a payment and make a chargeback to you, including any transaction fees incurred with payment providers, if it has reason to believe:
(a) any purchase is incomplete; or
(b) any purchase is made, or Hutch suspects it is made, fraudulently or in an otherwise non-bona fide manner.
16 Cooling-off Period
If you purchase Virtual Items, then you have the right to withdraw from your purchase within 14 days, commencing on the day after the date of your purchase (a “Cooling-Off Period”). However, please note that if you purchase Virtual Items from Hutch and choose to download the Virtual Items immediately, the Cooling-Off Period ends once the download of any Virtual Items is complete, due to the nature of these goods.
This means that if you download the Virtual Items straightaway you acknowledge that you will therefore no longer have the right to cancel them.
If you would like to exercise your rights under the cooling off period please send an email to support@hutchgames.com and the Virtual Item will be removed from your account and any monies paid shall be refunded.
17 Payment Methods
Payment methods accepted by Hutch are as per those payment methods provided by the Platforms within the Games at the point of sale.
18 Refunds
Your rights regarding refunds of Virtual Items are set out in these Terms (see paragraphs 11(a), 11(f), 13(b) and 16. We share certain data with Apple relating to your purchase and use of Virtual Items (see our Privacy Policy) so that, if you request a refund from Apple, Apple will have the information required to determine whether the refund should be approved. In addition, Hutch employs a number of fraud detection measures to identify, among other things, improper refund requests. If we find that a player has improperly claimed or tried to claim refunds to which they are not entitled under these Terms, either via Apple or directly to Hutch, we may at our sole discretion suspend (block) or terminate that player’s account without notice. You acknowledge that if we terminate a player’s account, all Virtual Items purchased by and saved progress of that player are lost.
Exclusions and Limitations of Liability
19 What is Not Excluded or Limited
Nothing in these Terms shall exclude or restrict Hutch’s liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation or for any other liability that Hutch cannot exclude or limit under applicable law.
20 Implied Terms
The express terms of these Terms are in place of all warranties, representations, conditions, terms, undertakings and obligations which but for these Terms would be implied or incorporated by any collateral agreement, statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
21 Representations and Warranties in Relation to the Game
Subject to paragraph 19, Hutch provides the Games to you on an ‘as is’ basis. Hutch does not represent or warrant that access to the Games will be uninterrupted, reliable or fault free. Hutch does not represent or warrant to you that the Games will be accurate, complete or reliable. While Hutch shall endeavour to ensure the Games are available to you 24 hours a day, Hutch will not be liable to you if for any reason any Game is unavailable at any time or for any period.
Access to the Games may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Hutch’s control. Hutch may also need to modify or maintain the Games, or any part of them (including Virtual Items), at any time. If this need arises, Hutch may suspend access to the Games or any part of them or stop providing a Game, or any part of a Game, indefinitely. For example, Hutch may occasionally be required to make edits to Virtual Items or in-Game components in order to correct inaccuracies within a Game (such as statistics relating to a particular vehicle or particular vehicle components). Such edits may result in removal of particular Virtual Items or in-Game components.
We both acknowledge that Platform providers have no obligation whatsoever to provide you with any support or maintenance services in relation to the Games.
22 Exclusions of Liability
Subject to paragraph 19, Hutch will not be liable to you (whether in contract, tort or otherwise and whether or not due to its negligence) for:
a) any losses arising out of or in connection with, whether direct, indirect or consequential, the Games or arising out of or in connection with the use of the Games;
b) any technical, factual, textual or typographical inaccuracies, errors or omissions (human or computer-generated) on or relating to the Games or any information provided in relation to the Games;
c) the unavailability of any Game (or any part of them);
d) any misrepresentation on or relating to the Games;
e) any loss of content or data (including any loss of content or data as a result of any unavailability of any Game);
f) loss or damage caused by viruses, bugs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Games or the downloading or uploading of any content via the Games;
g) loss of goodwill, business opportunities, loss of profits or contracts, loss of anticipated savings, wasted management time or office time;
h) any loss incurred as a result of any legal claim or regulatory action arising from the activities of any player using the Games infringing third party intellectual property or breaching applicable law;
i) any statements or conduct by any other player of the Games;
j) any loss that you may incur as a result of someone else using your identity, log-in details, password or account, with or without your knowledge, including if a device used to activate your account is stolen;
k) any loss that you may incur as a result of Hutch suspending or terminating your account for fraudulent or otherwise improper activity, including relating to refund requests pursuant to paragraph 18; or
l) any other indirect or consequential loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
23 Losses of Data
In the event of any loss or damage to content or your equipment (including data), your sole remedy shall be for Hutch to use its reasonable endeavours to restore the lost or damaged data or content from the latest back-up maintained by Hutch. Hutch may not, however, be able to restore lost or damaged content if an update has been made to a Game where such content is no longer able to be made available (for example due to the previous content being inaccurate).
24 Limitation of Liability
Subject to paragraph 19, Hutch’s maximum aggregate liability to you in respect of your use of the Games shall be the amount of any fees paid by you to Hutch during the 3 month period preceding the date on which the act or omission causing the liability arose in respect of that Game.
25 Reasonableness of Exclusions and Limitations
You agree that each of these exclusions and limitations is reasonable having regard to the nature of the Games. Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of our contract with you.
Third Parties and Advertising
26 Third Party Advertising
Hutch may generate revenue from your playing of the Games by advertising goods and/or services of third parties including:
(a) by serving ads that you might see and respond to when using the Games;
(b) by allowing Virtual Items to be endorsed by third parties; and
(c) by offering you the chance to ‘earn’ Virtual Items for use within the Games if you respond to third party advertising in a pre-defined manner.
27 Third Party Links
Certain links, including hypertext links, from the Games and from any social networking platform you are using may take you outside the Games and any social networking platform from which the Games are accessed. This does not imply endorsement by Hutch of the linked site, its operator or its content. You acknowledge that Hutch does not control the content on such websites and does not guarantee the accuracy, integrity or quality of such content. Such sites may be governed by their own terms and privacy and cookies policies.
General
28 Termination or Suspension of Your Account
Hutch may in its absolute discretion:
a) with immediate effect and for any reason, at any time, terminate or suspend your use of any of the Games, including if your account is inactive;
b) verify your information by requesting certain documents and refuse your requests to play Games if we believe there is reason to do so;
c) take any steps (for example, technical or legal steps) to terminate or suspend your use of any of the Games if we believe you have failed to comply with any of the provisions of these Terms; and
d) if we decide to terminate, suspend or refuse to accept your account, we may share or publish your name and email address and notify third parties (including Apple).
29 Dealings in Rights and Obligations
Hutch may assign its rights and/or transfer its obligations under this contract with you to any third party including the ability to sub-license and/or sub-contract its rights and obligations under this contract with you to any third party. You acknowledge and agree that if you purchase the Games or Virtual Items through an Apple Account that Apple and its subsidiaries are third party beneficiaries of this Agreement and may enforce its terms and conditions against you.
30 Notices
All notices which are required to be given under these Terms shall be in writing and shall be sent to the postal address or email address of the party as follows:
(a) to Hutch, as set out at the beginning of these Terms, and
(b) to you, as provided in your account; or, with respect to either of us, such other address as the recipient may designate by notice given in writing. Any such notice may be delivered personally or by first class pre-paid letter (or by air-mail if overseas) or by fax or email, and shall be deemed to have been served, if by hand, when delivered; if by first class post, 48 hours after posting; (if by air-mail, 5 days from the date of posting), if by email or fax, when successfully despatched in full.
31 Severability
If any provision in these Terms is, in whole or in part, held by a court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable under any enactment or rule of law then that provision or part thereof shall to that extent be deemed not to form part of these Terms and the enforceability and validity of the remainder of these Terms shall not be affected.
32 Entire Agreement
These Terms shall apply between us in respect of the matters described herein to the exclusion of all other terms (including any terms and conditions that you purport to apply) other than Special Terms described in paragraph 6. You shall not be entitled to rely on any agreement, understanding or arrangement which is not expressly set forth in these Terms.
33 Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with English law. If you are a consumer and reside outside the United Kingdom you may be able to benefit from additional protections afforded to you by the mandatory provisions of the law of your country of domicile/residence. Any disputes arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts.
34 Complaints and Disputes
Please contact us immediately using our contact details at paragraph 35 below if you:
a) have any questions, complaints, claims or concerns about content which appears in our Games, in relation to our Virtual Items or in relation to Hutch generally; or
b) believe that any act or omission by Hutch or one of our players is in breach of applicable law.
Hutch will then consider your concerns and decide whether to take action and whether or not any other player has in Hutch’s opinion, breached any of these Terms. Hutch will endeavour to inform you of the outcome of any review within a reasonable time of receiving your complaint. Where you have purchased the Games or Virtual Items through an Apple Account, we both acknowledge that Apple has no obligation whatsoever to investigate, settle, defend or discharge any disputes in relation to the intellectual property in the Games.
35 Our Contact Details
Please contact us by email at support@hutchgames.com or by post at:
44-46 Scrutton Street,
London,
EC2A 4HH,
England.
©Hutch Games Ltd., February 2020
