Hutch - Updated Terms of Service (Part 2)
(continued from Part 1)
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.
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;
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 in
paragraph 1 above, 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 [email protected] or by post at 44-46
Scrutton Street, London, EC2A 4HH, England.
©Hutch Games Ltd., February 2020