Terms & Conditions

Terms and Conditions

These terms and conditions ("the Terms") govern the users ("you", "your" or "customer") use of the website http://www.clickagame.co.uk/ ("the Website") and your relationship with The Hut.com Limited or The Hut.com (Trading) Limited where applicable ("we", "our" or "us"). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website.

This Website is operated on behalf of Phones 4U Limited ('P4U') by The Hut.com Limited, a UK registered company with registered office: Meridian House, Rudheath, Gadbrook Park, Northwich, Cheshire, CW9 7RA. Company number 5016010. VAT number GB 974 8607 68.

If you have any queries regarding these Terms then please contacts us at care@clickagame.co.uk

If you have a query regarding a product purchased from this website, please contact care@clickagame.co.uk

USE OF THE WEBSITE

1. Agreement

By using the Website you agree to be bound by these Terms.

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2. Amendments

We reserve the right to:

• Update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and
• Modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.

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3. Registration

You warrant that:

• The personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and You are not impersonating any other person or entity You will notify us immediately of any changes to your personal information by e-mailing or telephoning our customer service representatives.
• Email Address: care@clickagame.co.uk
  Telephone Number: 0844 880 5686 (open 8am to 6pm, Monday to Friday excluding bank holidays. Costs are charged at national rate)

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4. Privacy Policy

We will treat all your personal information:

• As confidential and will only disclose the same in the circumstances set out below; and,
• In accordance with Data Protection legislation from time to time in force in England and Wales.

When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing and delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office and collected lawfully in accordance to the Data Protection Act 1998. We will use your personal information for the following purposes:

• Processing your orders;
• To administer this Website;
• For statistical purposes to improve this Website and its services to you;
• If you have not objected during the registration process, to notify you of products or special offers that may be of interest to you;
• If you have not objected during the registration process, to disclose to other members within P4U's group of companies and organisations providing goods and services on behalf of P4U and also to other relevant third parties, who may contact you about their products or services that may be of interest to you;

If you have not objected during the registration process, but do not want us to:

• Contact you regarding products or services which may be of interest to you; or
• To transfer your data to P4U group companies organisations providing goods and services on behalf of P4U and relevant third parties so that they can contact you about their products and services;

Then please write to us at care@clickagame.co.uk and notify us accordingly.

Subject to your rights of objection, you agree that personal information may be disclosed to other businesses within P4U's group of companies and to organisations providing goods and services on behalf of P4U and to reputable third parties who will help process your order. In addition, you do not object to us, P4U group companies, organisations providing goods and services on behalf of P4U or other relevant third parties contacting you for the purposes set out above, whether this be by fax, telephone, e-mail, SMS or in writing and you do not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.

You should be aware that if the police requests us or any other regulatory authority investigating suspected illegal activities to provide your personal information, we are entitled to do so.

5. Compliance

The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:

• Any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and
• Any material which is defamatory, offensive or of an obscene character.

6. Indemnity

You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.

7. Third Party Links

As a convenience to our customers, the Website may include links to other websites or material, which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse these. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.

8. Orders

All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order that you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we dispatch the goods to you or commence the services; whichever is the earlier.

All of the information you give us via the website is handled with the utmost respect and confidentiality. We ensure the security of the site by encrypting all the information through the secure socket layer (SSL) before it is sent to us. Rackspace and Thawte, provide this SSL. Irrespective of SSL security, credit card data is not retained on the web server but immediately passed into our internal systems and the data is stored behind a firewall that is impenetrable unless you are authorised to do so.

This information is then passed to Commidea Ltd to process and authorise payment. Commidea Ltd operate through a Secure Server and all transactions that take place are encrypted between your browser and the Commidea Server.

By accepting these terms and conditions when you make a purchase, you authorise us and Commidea Ltd to process payment from the credit card details supplied and to conduct validation checks by cross checking your details.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.

Each good or service purchased is sold subject to additional specific terms and conditions related to that good or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties.

Each good has the benefit of a manufacturer's warranty, details of which will be contained in the box in which the goods are packaged.

After you have successfully placed an order with us, you will receive an acknowledgement by e-mail of the order you have placed and a receipt which we advise you to print off and save for your records.

From time to time we reserve the right to perform additional security checks.

9. Delivery and Fulfilment

We will endeavour to complete all orders for goods or services within the timescales displayed on the website next to the specific goods or services.Goods ordered from this website will only be delivered to a UK address.

Subject to any rights granted to you under applicable consumer law, we accept no liability for any failure to ship products where this results from our inability to do so or our decision on reasonable grounds not to do so, provided that we take all reasonable steps to notify you within 14 days of placing the order that the goods will not be shipped as ordered. In such cases we will immediately refund any payment made, in full. It is your responsibility to ensure that you order from us with sufficient lead-time to prevent any loss or disappointment resulting from such non-shipment.

10. Cancellation Rights

Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within the time scales stated in the below service policy.

7 day Peace of Mind Guarantee.

for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within 7 days of receipt of the goods or services..

If you do cancel a contract pursuant to this clause 10, then:

You must call our Web Customer Services Team to organise returns. The number is 0844 880 5686 (open 8am to 6pm, Monday to Friday excluding bank holidays. Calls are charged at national rate). You must also notify us in writing by sending an e-mail to: care@clickagame.co.uk or a letter to;

Web Customer Services Team,
Meridian House
Gadbrook Park
Rudheath
Northwich
Cheshire
CW9 7RA

Registered in England No. 5016010

Vat Reg no: 836 8546 86

You can return the goods to us however we regret that we cannot be held responsible for non-delivery of returned goods so we recommend you get a certificate of posting from the Post Office (this is free of charge).

We will refund any monies you have paid to us within 30 days of receipt of your cancellation notice.

Failure to do follow the process detailed above may result in refunds or exchanges being refused

11. Faulty, Damaged, Incorrect or Late Goods

Goods that are deemed faulty, damaged, incorrect or delivered after the agreed dates, can be returned to us and we will refund the full cost of postage and packaging to you. Contact the Web Customer Services Team to organise all returns by calling 0844 880 5686 (open 8am to 6pm, Monday to Friday excluding bank holidays. Costs are charged at national rate).

We will refund any monies you have paid to us within 30 days of receipt of your returned goods.

12. Price and Payment

All prices shown are inclusive of VAT (only where applicable - see below) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you.

If your delivery address is within the United Kingdom and Guernsey, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom and Guernsey you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.

Please note that when shipping goods from Guernsey, cross border shipments may be subject to opening and inspection by customs authorities. In respect of all goods dispatched to you to an address outside of Guernsey, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.

We accept Visa, Delta, Switch and MasterCard. Payment will be taken from your card prior to the dispatch of any goods..

You confirm that the credit or debit card that is being used is yours.

All credit / debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.

13. Eligibility to Purchase

To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must:

• If an individual, be 18 years of age or over; and
• Stipulate a delivery address in the United Kingdom; and
• Register your real name, address, phone number, e-mail address any other details requested; and
• Possess a valid debit / credit card issued by a bank acceptable to us By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

14. Intellectual Property

Copyright, trademarks, database and other intellectual property rights protect the content of the Website and you acknowledge that the material and content supplied as part of the Website shall remain with our licensors or us.

You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

15. Limitation of Liability

Notwithstanding any other provision in the Terms, nothing in these Terms:

• Will affect or limit your rights as a consumer under English law; or
• Will exclude or limit our liability for death or personal injury resulting from our negligence.

The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided to by you. You must bear the risk associated with the use of the Internet.

Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

a. Incompatibility of the Website with any of your equipment, software or telecommunications links
b. Technical problems including errors or interruptions of the Website
c. Unsuitability, unreliability or inaccuracy of the Website
d. Inadequacy of the Website to meet your requirements

To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.

16. Severance

If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.

17. Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

18. Law and Jurisdiction

The Website is controlled and operated in the United Kingdom. The Terms will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the English courts.

19. Feedback and Complaints

We welcome comments and questions regarding our goods, services and what we do. If you wish to contact us please send an e-mail to the following address.
care@clickagame.co.uk

Or write to:

Web Customer Services Team
Meridian House
Gadbrook Park
Rudheath
Northwich
Cheshire
CW9 7RA

We endeavour to respond to all communications within 5 days.

20. Website Accuracy

Our Web team work hard to ensure that our Website is always accurate through continual updates, however we cannot guarantee the accuracy of information supplied.

21. Reviews

If you submit a review, you grant Click-a-Game a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You grant Click-a-Game and its sublicensees the right to use the name that you submit in connection with such content, if they choose.

You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.

You agree to perform all further acts necessary to perfect any of the above rights granted by you to Click-a-Game, including the execution of deeds and documents, at the request of Click-a-Game.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Click-a-Game:

1. The content and material is accurate;
2. Use of the content and material you supply does not breach any applicable Click-a-Game guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Click-a-Game for all claims brought by a third party against Click-a-Game arising out of or in connection with a breach of any of these warranties.

Winners of the review competition will be notified by email. Failure to respond to our notification email within 20 days will result in the prize being forfeit.