E-Commerce Terms of Use

We are: Project NEXUS.
Our address is: 4 Bicester Road, Oxfordshire, OX5 2LE, United Kingdom.
We can be contacted at: support@infection-last-rites.com
You are: A user of our website.

Please read the terms and conditions (“Terms and Conditions”) set out below carefully before ordering any Goods or Services from this Website. By ordering any Goods or Services from this Website you agree to be bound by these Terms and Conditions.

Definitions
  • “Agreement” is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you;
  • “Goods” is a reference to any goods including gaming products which we may offer for sale from our Website from time to time;
  • “Privacy Policy” means the policy displayed on our Website which details how we collect and store your personal data;
  • “Service” or “Services” is a reference to any service which we may supply and which you may request via our Website;
  • “you”, “your” and “yours” are references to you the person accessing this Website and ordering any Goods or Services from the Website;
  • “we”, “us” and “our” are references to Project NEXUS; and
  • “Website” is a reference to our Website http://www.infection-last-rites.com/ on which we offer our Goods or Services.
  • Ordering

    Any contract for the supply of Goods or Services from this Website is between you and Project NEXUS. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide is your own credit or debit card and that you have sufficient funds to make the payment.

    Goods and Services purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.

    Please note that some of our Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.

    When ordering from this Website you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.

    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 held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

    Any order that you place with us is subject to product availability and acceptance by us. When you place your order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order. Once we have sent the confirmation email we will then check availability and contact you with a further email. If the Goods are available and the details of the order are correct, this email will be deemed an acceptance and will specify delivery details and confirm the price of the Goods purchased. If the Goods are not available we will also let you know by email.

    All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. We also reserve the right to alter the Goods or Services available for sale on the Website and to discontinue any product line or service.

    The contract for the Goods or Services will be accepted at the time of despatch of your order. We will confirm this to you in writing. You must inform us immediately if any details are incorrect. If your order has not been accepted you will be notified of this in writing together with the reasons.

    Prices and Payment

    All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. Prices are inclusive of the relevant sales tax but exclusive of delivery charges which will be added to your order.

    The total price for Goods or Services ordered, including delivery charges, will be displayed on the Website when you place your order. Full payment must be made before Goods are despatched or Services provided.

    You must pay for your order before it is delivered and you can do so by debit or credit card. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also do security checks to confirm it is you making the order.

    Licence

    Any Goods ordered from us are licenced to you in accordance with the following end user licence terms and conditions (“EULA”) which you agree shall form part of our Agreement and shall apply to all use, download and installation of any version, episode or iteration of Infection: Last Rites - DNA (the “Game") in development, from “Alpha” through to “Final”, as made available by Project Nexus. You should read the following EULA carefully, before using, downloading or installing the Game. All use of the Game is governed by and conditional on your acceptance of and compliance with this EULA and the Terms and Conditions. Any use, reproduction or redistribution of the Game not in accordance with this EULA is expressly prohibited. If you do not accept the terms of the EULA, do not use, download or install the Game. YOU SPECIFICALLY ACKNOWLEDGE, AGREE AND ACCEPT THAT:

    • THE GAME IS MADE AVAILABLE “AS IS” AS A WORK IN PROGRESS AND AS PART OF AN EARLY ACCESS PROGRAMME FOR EVALUATION AND DEMONSTRATION PURPOSES ONLY, IN ORDER TO ASSESS AND EVALUATE ITS PERFORMANCE INCLUDING THE IDENTIFICATION OF ANY ERRORS OR DEFECTS;
    • THE GAME MAY AND PROBABLY WILL CRASH AND / OR CAUSE DATA LOSS;
    • THE GAME MAY (AND MOST LIKELY WILL) CONTAIN DEFECTS AND/OR ERRORS;
    • YOU USE, DOWNLOAD AND INSTALL THE GAME AT YOUR OWN RISK, KNOWING THAT IT IS PROVIDED AS IS AND WITH FAULTS.
    • YOU ARE ADVISED TO BACK-UP AND OTHERWISE SAFEGUARD ALL DATA AND SOFTWARE ON YOUR COMPUTER AND TO NOT RELY ON THE CORRECT PERFORMANCE OR FUNCTIONING OF THE GAME

    Limited Use Licence - On and subject to the terms of the EULA, Project NEXUS hereby grants and by using, downloading or installing the Game you accept, a limited, non-exclusive, non-transferable, personal right and licence to download, install and use the Game for your personal, non-commercial use on any number of computers and, in the case of the version of the Game, identified as the Alpha for evaluation purposes only.

    Restriction - You are not entitled to and must not:

    • sell, distribute or otherwise transfer copies or reproductions of the Game to other parties in any way;
    • remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Game;
    • exploit the Game or any of its parts for any commercial purpose including, but not limited to, use the Game for any illegal or immoral purposes;
    • export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations;
    • create data or executable programs which mimic data or functionality in the Game or otherwise use, copy, transfer, distribute, rent, lease, loan, sub-licence or deal in the Game or any part or interest in it except as expressly provided by the EULA or in any manner which is inconsistent with the EULA;
    • EXCEPT IN THE EVENT AND TO THE EXTENT THAT YOU ARE EXPRESSLY AUTHORISED TO DO SO UNDER THE TERMS APPLICABLE TO YOU in whole or in part reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the GAME, except where applicable law provides otherwise in which case the product and all end results of such acts shall belong to, vest in and be the exclusive property of Project NEXUS on creation.

    Ownership - The Game is licenced, not sold. Your licence confers no title or ownership in the Game. All right, title, interest and ownership rights in the Game and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore and other intellectual property rights (“Intellectual Property Rights”), in or connected with the Game and each part thereof (including by way of example only any titles, code, themes, objects, characters, stories, catchphrases, concepts, artworks, animations, sounds, music, audio-visual effects and methods of operation) are owned by, belong to and vest in Project NEXUS or its licensors. The Game is protected by copyright law, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Game may contain certain licensed materials and Project NEXUS licensors may act to protect their rights in the event of any breach of the Infection : Last Rites -DNA EULA. All trade marks are the property of their respective owners.

    Termination - The EULA and any licence granted by it is effective until terminated. You may terminate the EULA at any time by deleting and removing the Game from your personal computer and destroying your copy of the Game in your possession. The EULA and any licence granted by it will terminate automatically if you fail to abide by any of the Terms and Conditions. Project NEXUS may additionally, at its discretion, give you notice of termination of the EULA and any licence granted by it in the event that it becomes aware or has reasonable grounds to believe that you are failing to comply with the Terms and Conditions. In such event, you must immediately destroy and erase the Game and all and any copies in your possession or control and stored on any media whatsoever and upon our request you must certify that you have done so.

    Indemnity - You must adhere to the terms of this EULA and not do anything that infringes the rights of anyone else or do anything in breach of the EULA which may give a person a claim against Project NEXUS . If you breach the EULA, and Project NEXUS is challenged, threatened or sued by someone as a result, we may hold you responsible and you will be liable to indemnify us and to pay Project NEXUS for any damages or costs that we may suffer as a result. You further agree that Project NEXUS would be irreparably damaged if the terms of the EULA were not specifically enforced, and therefore you agree that Project NEXUS shall be entitled, without bond, other security, or proof of damages, to rely on all legal remedies which it may have including equitable remedies with respect to any breaches of the EULA and the Agreement. Our licensors shall be third-party beneficiaries under the Agreement and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.

    Delivery

    Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address nominated by you at the time of ordering.

    Time is not of the essence for the delivery of any Goods or Services supplied under this Agreement.

    All orders are delivered by a reputable courier. We will make every effort to deliver within the time stated however we will not be liable for any loss caused to you by late ordering. If the Goods are not delivered within the estimated delivery time which we quote, please contact us by email and we will try to ensure that you receive your order as quickly as possible.

    No refunds of the delivery charge are made for late deliveries.

    Incomplete orders must be notified to us as soon as possible following delivery and within 3 days of delivery. We will either arrange for the missing items to be delivered to you at no extra cost or refund you the original cost of the missing items.

    All risk in the Goods shall pass to you upon delivery.

    If you fail to accept delivery of the Goods at the time they are ready for delivery, or we are unable to deliver the Goods at the nominated time due to your failure to provide appropriate instructions, documentation, licences, consents or authorisations, then the Goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such Goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver the Goods shall be your responsibility and you shall indemnify us in full for such cost.

    You must ensure that at the time of delivery of the Goods adequate arrangements, including labour and access where necessary, are in place for the safe delivery of the Goods. We cannot be held liable for any damage, cost or expense incurred to the Goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.

    Where delivery is outside the UK, you may be liable to pay additional tax or duty once the Goods reach your country. This may vary from country to country. Please contact your local customs office for more information.

    Please note that Goods may be subject to inspection by your local customs office where delivery is outside the UK.

    Your Information

    Where we have requested information from you to provide Goods or Services you agree to provide us with accurate and complete information.

    You authorise us to use, store or otherwise process your personal information in order to provide the Goods or Services to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Goods or Service to you. More information can be found in our Privacy Policy.

    You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.

    Cancellation, Returns and Refunds

    Cancellations: You must notify us immediately if you decide to cancel your order preferably by email at support@infection-last-rites.com and quote your order number. The time limit for notification of cancellation is 7 calendar days following receipt by you of the Goods. Where you have downloaded a game or the game download link and/or activation key has been made available to you via email your right to cancel the Goods is forfeited. Once we have heard from you that you wish to cancel your order within the stipulated time period and provided you have not downloaded a game or the activation key and/or download link has not been sent to you we will refund or re-credit your debit or credit card with the full amount within 14 days. A full statement of your legal rights under the Distance Selling Regulations may be obtained in the UK from your local Citizen’s Advice Bureau or Trading Standards Office.

    Returns where Goods are faulty: Please email support@infection-last-rites.com to inform us of your wish to return Goods quoting your order number and providing details of the fault. In the event that we agree that there is a fault with the Goods you have purchased we will either provide you with replacement Goods or issue you with a refund to your credit or debit card within 14 days. This right does not apply to you where you have downloaded the Alpha version of the Game which is for evaluation purposes only.

    Refunds: Where we have agreed to issue a refund we will do so within 14 days of the date we notify you of our decision. Once Goods are downloaded and the activation key or download link is sent to you any decision to refund the price of the Goods is entirely at our discretion. Where Goods are faulty it is entirely at our discretion whether we provide you with a replacement or a refund.

    Security

    You must not interfere with the working of our Website nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, Website, router or any other internet connected device or service. You must not use the Website to gain unauthorised access to to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Project NEXUS server. You must not attempt to circumvent or modify any security technology or software that is part of the Website or the Project NEXUS servers.

    Linked Sites

    There may be a number of links on our Website to third party Websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the services or goods that they may provide to you.

    Complaints

    We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to support@infection-last-rites.com.

    Limitation of Liability

    The GAME is supplied “as is” and Project NEXUS gives no representation or warranty concerning it. You expressly accept and acknowledge that the GAME is not a finished product and will likely contain defects in material and workmanship and that downloading, using and installing of the GAME may damage your computer and any data or software stored or held on it. Your installation and use of the GAME is entirely at your own risk and we are not liable for any destruction of data or damage to your computer. You should back-up to another secure location, on a regular basis, any data files concerning your use of the GAME as Project NEXUS has no liability for lost or corrupted data.

    PROJECT NEXUS DOES NOT WARRANT THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN BE CORRECTED. YOU INSTALL AND USE THE GAME AT YOUR OWN RISK . PROJECT NEXUS AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF OR INABILITY TO USE THE GAME, ERRORS OR DEFICIENCIES IN IT, DAMAGE TO PROPERTY, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS, LOSS OF INFORMATION OR LOST PROFIT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. PROJECT NEXUS AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY COMMERCIAL DAMAGE OR LOSS.

    PROJECT NEXUS AND ITS LICENSORS WILL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT OR MISUSE, OR IF THE GAME HAS BEEN MODIFIED IN ANY MANNER (NOT BY PROJECT NEXUS OR ITS LICENSORS) AFTER IT HAS BEEN PURCHASED. THE LIABILITY OF PROJECT NEXUS AND ITS LICENSORS SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME. THE EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY LIABILITY FOR FRAUD OR DEATH OR PERSONAL INJURY ARISING OR CAUSED BY PROJECT NEXUS’ NEGLIGENCE.

    Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

    We disclaim any and all liability to you for the supply of the Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

    We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.

    We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.

    The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.

    We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

    General

    We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.

    We may alter or vary the Terms and Conditions at any time without notice to you.

    Payment must be made at the time of ordering the Goods or Services from us. Failure to pay on time will result in either the cancellation of your order or a late payment charge which shall be calculated as interest on the amount due at a rate of 5% over our bank's lending rate. Interest will be charged on a daily basis from the date of invoice to the date of actual receipt of payment in cleared funds.

    The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.

    If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.

    These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.

    No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

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