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Hutch - Updated Terms of Service (Part 1)

Hutch_IanWHutch_IanW Posts: 9 admin
edited March 2020 in Hutch Main

Terms of Service

 

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.com from time to time (our

“Website”).

 

By agreeing to these terms, you also agree to the Terms of Service for KTPlay listed below.4

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. Privacy & Cookies Policy: By agreeing to these Terms, you also agree to our Privacy and

Cookies Policy which sets out what data we collect from you and when, and how this data is

subsequently handled by us. The Privacy and Cookies Policy forms part of these Terms.

 

2. 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).

 

3. 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.

 

4. 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.

 

5. 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.

 

6. 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.

 

7. 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.

 

8. User content: 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 [email protected] 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.

 

9. 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) 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;

 

b) 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

 

c) 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.

 

VIRTUAL ITEMS AND PAYMENTS

 

10. 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.

 

11. 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.

 

 

12. 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 17, 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, or (iii) put in place

specific specified or unspecified conditions relating to when such Virtual Items may be

purchased or earnt. 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; 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.

 

13. 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.

 

14. 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.


15. 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.

 

16. 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.

 

17. 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 [email protected] and the Virtual Item will be removed from your account and

any monies paid shall be refunded.

 

18. 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.

 

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 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.


(continued in Part 2)

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