Terms and Conditions

For Schools

BAMZONIA ONLINE TERMS AND CONDITIONS

Thank you for registering as a Player with Bamzonia.
Please read these terms and conditions carefully, as they set out the way that You may use the Game and the Lessons. They show what You can expect from us and what We expect from You. By Registering as a Player You are accepting these terms and conditions and entering into a legally binding contract. If there is anything in these terms and conditions that You don’t understand, please seek advice — You can contact Us at info@bamzonia.com if You need clarification. If You do not agree with and accept these terms and conditions, please do not register as a Player.

Definitions.

In these terms and conditions We use the following terms to have specific meanings, as defined below. Whenever You see one of these terms used with a capital letter, it means Our definition applies – this might be different from its standard dictionary definition so check back against this list, to make sure You’ve understood exactly what is meant.
“Account” means the account, with a unique username and password, that enables a Player to access the Game, and which is created following Registration.
“Behavioural Data” means information that the Player provides about themselves, both explicitly through their answers to the Lessons and Quizzes, and implicitly through their behaviour in the Game.
“Game” means our online game, accessed through www.bamzonia.com.
“Game Stuff” means online currency (such as Zonian Credits), virtual merchandise, game secrets and other things that may be allocated to each Player upon Registration and/or earned through playing the Game and completing Lessons and Quizzes, to use in the virtual Game world. Please be aware that Game Stuff cannot be exchanged for real-world cash, and that once earned or purchased, it has no equivalent cash value and cannot be returned to Us for cash, re-sold, swapped or traded.
“Mentor” means a Player who has successfully completed a number of Lessons, to demonstrate a certain level of financial knowledge and skill.
“Lesson” means an educational Lesson accessed through the Game.
“Personal Data” means data that is identifiable to a particular individual, and may relate to You and/or a Player.
“Player” means the individual who will be playing the Game and using the Lessons, and for whom this Registration is being made. It may be You, or a child or other third party on whose behalf You are making this Registration.
“Quiz” means an online quiz designed to test the Player’s understanding of a Lesson.
“Registration” means the online process of signing up a new Player to use the Game and involves providing some Personal Data and accepting these Terms, and “Register” and “Registering” should be interpreted accordingly.
“Terms” means these terms and conditions.
“We” means Bamzonia Ltd, a company registered in England and Wales with company number 8213014, whose registered office is at 100 Fenchurch Street, London EC3M 5JD, and “Our” and “Us” should be interpreted accordingly.
“You” means the school or other educational establishment who has paid for the creation of this Account and the corresponding Lessons and Game Stuff, and “Your” and “Yourself” should be interpreted accordingly.

1. Acceptance of Terms
1.1. By completing the Registration process, You agree to be legally bound by these Terms, and to comply with them. You are responsible for ensuring that the Player for whom the Account is created complies with these Terms. If the Player breaches any of these Terms, You will be liable as though You had breached the Terms Yourself.
1.2. We may change these Terms from time to time. We will tell the Player the Terms have changed, the next time they log in to the Game after the change has occurred. It is Your responsibility to check any changes, and if You do not accept the changed Terms You may terminate the Account.
2. Playing the Game
2.1. Upon Registration, We grant You a non-exclusive, limited and revocable licence to allow the Player to access the Game through their Account, in accordance with the Terms.
2.2. We agree to make the Game available over the internet and shall use Our reasonable efforts to make sure it is operational for Our Players. You acknowledge that We are not responsible for a Player’s internet access, or the reliability of a Player’s computer equipment or web browser, and have no responsibility for any difficulties a Player may have in accessing the Game because of problems with these.
2.3. We reserve the right to move or suspend the Game for short periods of time to allow Us to carry out maintenance or repair to Our servers or to implement improvements to the Game. We shall give Players twenty-four (24) hours notice of planned maintenance through a posting on the Game dashboard. Please be aware that We occasionally perform emergency maintenance or repairs and on these occasions it will not be possible to notify You in advance.
2.4. If You become aware of a problem or bug or error in the Game, You shall notify Us by email using the “Contact Us” link on the website, and We shall do Our best to fix it in a reasonable time.
2.5. From time to time We may release updates and improvements to the Game and/or the Lessons and such updates and improvements shall be automatically implemented during routine and planned maintenance.
3. Using the Lessons
3.1. The Lessons are intended to provide Players with good educational material that will help them develop their financial awareness skills and knowledge. The Player may access each Lesson to which You have subscribed for them, and may work through the Lesson until they have completed it and passed the corresponding Quiz.
4. Forums, Blogs and other Interactive Platforms
4.1. The Game provides a number of opportunities for Players to share their knowledge and expertise with each other. Mentors may respond to questions and post information on these platforms, and all Players are encouraged to participate actively within the acceptable use provisions in Clause 6.3.
4.2. You and all Players should be aware that Mentors are not qualified financial advisors, and that We are not responsible for any actions taken (or not taken) as a result of relying on or in any way using information or opinions provided by any Mentor and in no event shall We be liable for any damages resulting from reliance on or use of this information.
5. Privacy Policy
5.1. You acknowledge that in hosting the Game and storing Personal Data We are acting as a data controller as defined in the Data Protection Act 1998 (“Act”). We agree to comply with all of Our obligations under the Act, and in particular, will hold the Personal Data safely and securely and not disclose it to any third party other than for the sole purpose of providing the Game, the Lessons and Game Stuff, and for complying with Our obligations under the Terms.
5.2. You understand that it is important for Us to have accurate Personal Data (particularly with regard to a Player’s age), and You shall ensure that the Personal Data submitted by a Player during the Registration process is true and accurate.
5.3. If a Player expressly agrees, We may use their Personal Data to email them with details of new games and services that might be interesting to them. We will not share email addresses with other service providers, or sell or rent them to anyone else. Any Player who decides they no longer want to receive emails from Us about other games and services can opt-out of receiving them at any time.
5.4. During a Player’s use of the Game and the Lessons, We may record Behavioural Data. We may use this Behavioural Data to make recommendations to the Player about potential career choices and other activities that the Player may find interesting. We may also use this Behavioural Data to offer the Player links to the web sites of third parties offering products or services that may be relevant and useful to the Player. We will not share this Behavioural Data with any third party in a way that would enable the third party to identify a particular individual.
5.5. A Player may choose to share their progress in the Game or the Lessons with other Players by identifying them as “Friends”, or with people outside of the Game through third party social networking sites such as (but not limited to) Facebook. If a Player elects to share this information, We shall provide it to the nominated Friends or the nominated website only. You warrant that the Player is old enough to participate in any such social networking site, and that they understand and accept the implications of sharing their information with others through such sites, and You agree that We shall have no liability in respect of usage of Player progress information by third party sites, where We have provided it to such third party site at the Player’s request.
5.6. We shall provide You with information about the progress of each Player Registered under Your name, with regard to the Lessons completed by that Player. Players should be aware that their progress will be visible to You.
6. Acceptable Use.
6.1. You agree that:
a. the Player may access the Game and the Lessons through their Account and neither You nor the Player have any rights to download, copy or install the Game or any Lesson or any part thereof onto any media or computer system belonging to You or to any third party;
b. You will not reverse engineer, decompile, or disassemble the Game, except to the extent that We cannot prohibit such acts by the applicable law, and neither will You permit any Player to do so;
c. You will not sell, assign, license, lease, rent, loan, lend, transmit, network, or otherwise distribute, transfer or make available the Game or any Lesson in any manner to third parties other than the Player; and
d. You are expressly prohibited from copying, adapting, modifying, merging, revising, improving, translating, upgrading, enhancing and creating derivative works of the Game or any Lesson for any purpose including error correction or any other type of maintenance, and neither will You permit any Player to do so.
6.2 You shall ensure that the Player keeps their username, passwords and other access details relating to the Game and the Lessons confidential and You agree that We shall not be responsible for any loss or damage suffered by You or a Player arising from Your failure to do so.
6.3 The Player shall not: (i) take any action or upload, post, e-mail or otherwise transmit content that infringes or violates any third party rights; (ii) impersonate any person or entity, including, but not limited to, an employee of Ours, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) take any action or upload, post, e-mail or otherwise transmit content that violates any law, regulation or statutory right; (iv) take any action or upload, post, e-mail or otherwise transmit content as determined by Us at Our sole discretion that is harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable; (v) take any actions or upload, post, e-mail or otherwise transmit content that contains any viruses (i.e. any program that may replicate itself or part(s) of itself to spread by computer interaction), Trojan horses (i.e. any program installed under any false pretences), worms (i.e. uninhibited and unprovoked virus/viruses), time bombs (i.e. any program that is a delayed malevolent attack), or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) interfere with or disrupt the Game, the Lessons or servers or networks connected to them, or disobey any requirements, procedures, policies or regulations of networks connected to them; (vii) attempt to gain access to any other user’s account or password; or (viii) “stalk” or otherwise harass another user.
6.4. We retain the right to suspend or terminate a Player’s Account at Our sole discretion, without notice to You, in the event that We become aware that a Player is in breach of the provisions of Clause 7.3.
7. Transient Data
7.1. When playing the Game and using the Lessons, Players may accumulate points, earn Game Stuff, and build up progress through the Lessons, all of which are represented by data records in the Game’s virtual world. You acknowledge that this data, along with any Personal Data or Behavioural Data stored on Our servers, or those of Our subcontractors, may be reset and nullified at any time and without warning, and that You will not be entitled to any refund of any monies paid in respect of such Game Stuff or other data.
8. Warranties and Liability Exclusions.
8.1. We warrant that the Game will be prepared with reasonable skill and care and will perform substantially in accordance with its description on Our website, provided that it is used in line with the instructions and on a computer which meets the minimum operating requirements set out on Our website. If You or a Player become aware of an error in the Game, You shall notify Us by email using the “Contact Us” link on the website and We shall do Our best to fix it in a reasonable time.
8.2. The warranty set out in Clause 8.1 does not apply to conditions resulting from improper use, external causes (such as, but not limited to, internet problems), or from use other than as set out on Our website. We do not warrant that the operation of the Game or access to the Lessons will be uninterrupted or error free.
8.3. Save as expressly provided in Clause 8.1 of these Terms, We specifically exclude but without limitation all other conditions, warranties, representations or other terms relating hereto including any conditions, warranties, representations or other terms that might otherwise be implied or incorporated into these Terms, such as those of satisfactory quality, fitness for a particular or any purpose, or ability to achieve any particular result.
8.4. While We shall use all reasonable endeavours to ensure that the information provided in each Lesson is accurate and up-to-date, We make no warranty of any kind with respect to the information included in, or the completeness or accuracy of, any Lesson. If You or a Player become aware of an error in a Lesson, You shall notify Us by email using the “Contact Us” link on the website and We shall do Our best to fix it in a reasonable time.
8.5. You acknowledge that the Lessons are general in nature and do not constitute financial advice. If You or a Player need advice about a specific financial situation, please seek help from an appropriately qualified financial advisor. We are not responsible for any actions taken (or not taken) as a result of relying on or in any way using information contained in any Lesson and in no event shall We be liable for any damages resulting from reliance on or use of this information.
8.6. You hereby agree that Your sole remedy in respect of any non-conformance with any warranty in these Terms is that We will remedy such non-conformance (either by Ourselves or through a third party) and if, in Our reasonable opinion, We are unable to remedy such non-conformance then We will refund the money paid by You in respect of any non-conforming Lessons, and all of Your Accounts shall immediately terminate.
8.7. Nothing in these Terms shall exclude or limit Our liability for (i) fraud or other criminal act, (ii) personal injury or death caused by Our negligence, or (iii) any other liability that cannot be excluded by law, and nothing in these Terms shall act so as to reduce Your rights as a consumer.
8.8. Subject to Clause 8.7, Our maximum liability for a breach of Our obligations as set out in these Terms shall not exceed 125% of the aggregate of the fees paid by You in respect of the Account(s) that are the subject of Your claim.
8.9. Subject to Clause 8.7, We shall not be liable to You or to any Player for any indirect or consequential loss and We hereby exclude all liability that We have not expressly accepted in this Agreement.
9. Intellectual Property.
9.1. We are the owner or licensee of the patent, copyright, trade secrets, trademarks, design rights and any other intellectual property rights which subsist in the Game and the Lessons. Title to the Game and each Lesson, including any enhancement, amendment or addition made to them, shall remain vested in Us or Our licensors. Any rights not expressly granted herein are reserved to Us.
10. Term and Termination
10.1. Each Account will last indefinitely provided the Player continues to use it. We shall store the Personal Data and Behavioural Data associated with the Account for up to twelve (12) months after the last use of the Account, to enable the Player to come back to the Game at any time during this Period.
10.2. If there is no use of the Account for more than twelve (12) consecutive months, We shall terminate the Account.
10.3. Upon termination of an Account, all Personal Data and Behavioural Data associated with it shall be deleted and any Game Stuff and/or Lessons purchased for that Account shall be lost, and You shall not receive any refund for such lost Game Stuff and/or Lessons.
11. General.
11.1. These Terms shall be governed by and construed in accordance with the laws of England and Wales and subject to the jurisdiction of the courts of England and Wales. If an English Court judges any provision of these Terms to be invalid, void, or unenforceable, Both of Us agree that the remaining provisions of these Terms shall remain valid and enforceable. No waiver by Us of any term hereof shall constitute a waiver of any such term in any other case. We are not responsible for failure to fulfil Our obligations in these Terms due to causes beyond Our reasonable control. All notices made pursuant to these Terms must be made by electronic mail, with notices from You to Us to be sent to louisebarker@bamzonia.com, and those from Us to You and/or the Player to be sent to the contact email address entered during Registration. All such emails should have the words “Urgent and Confidential” in the subject line. Be aware that We will copy all notices to You, even if they are in respect of breaches of these Terms by a particular Player. These Terms constitute the entire agreement between Us, You and any and all Players with respect to the subject matter hereof and shall supersede all previous representations, agreements and other communications between the parties, both oral and written. These Terms shall prevail notwithstanding any variance with the terms and conditions of any order or purchase order submitted by You.

For Individuals

BAMZONIA ONLINE TERMS AND CONDITIONS

Thank you for registering as a Player with Bamzonia.
Please read these terms and conditions carefully, as they set out the way that You may use the Game and the Lessons. They show what You can expect from us and what We expect from You. By Registering as a Player You are accepting these terms and conditions and entering into a legally binding contract. If there is anything in these terms and conditions that You don’t understand, please seek advice — You can contact Us at info@bamzonia.com if You need clarification. If You do not agree with and accept these terms and conditions, please do not register as a Player.

Definitions.

In these terms and conditions We use the following terms to have specific meanings, as defined below. Whenever You see one of these terms used with a capital letter, it means Our definition applies – this might be different from its standard dictionary definition so check back against this list, to make sure You’ve understood exactly what is meant.
“Account” means the account, with a unique username and password, that enables a Player to access the Game, and which is created following Registration.
“Behavioural Data” means information that the Player provides about themselves, both explicitly through their answers to the Lessons and Quizzes, and implicitly through their behaviour in the Game.
“Game” means our online game, accessed through www.bamzonia.com.
“Game Stuff” means online currency (such as Zonian Credits), virtual merchandise, game secrets and other things that You can buy from Us using real-world cash, and earn through playing the Game and completing Lessons and Quizzes, to use in the virtual Game world. Please be aware that Game Stuff cannot be exchanged for real-world cash, and that once earned or purchased, it has no equivalent cash value and cannot be returned to Us for cash, re-sold, swapped or traded.
“Mentor” means a Player who has successfully completed a number of Lessons, to demonstrate a certain level of financial knowledge and skill.
“Lesson” means an educational Lesson accessed through the Game.
“Personal Data” means data that is identifiable to a particular individual, and may relate to You and/or a Player.
“Player” means the individual who will be playing the Game and using the Lessons, and for whom this Registration is being made. It may be You, or a child or other third party on whose behalf You are making this Registration.
“Quiz” means an online quiz designed to test the Player’s understanding of a Lesson.
“Registration” means the online process of signing up a new Player to use the Game and involves providing some Personal Data and accepting these Terms, and “Register” and “Registering” should be interpreted accordingly.
“Terms” means these terms and conditions.
“We” means Bamzonia Ltd, a company registered in England and Wales with company number 8213014, whose registered office is at 100 Fenchurch Street, London EC3M 5JD, and “Our” and “Us” should be interpreted accordingly.
“You” means the person who is making this Registration, and who is responsible for paying for any Lessons and Game Stuff, and “Your” and “Yourself” should be interpreted accordingly.

1. Acceptance of Terms
1.1. By completing the Registration process, You agree to be legally bound by these Terms, and to comply with them. You are responsible for ensuring that the Player for whom the Account is created complies with these Terms. If the Player breaches any of these Terms, You will be liable as though You had breached the Terms Yourself.
1.2. We may change these Terms from time to time. We will tell the Player the Terms have changed, the next time they log in to the Game after the change has occurred. It is Your responsibility to check any changes, and if You do not accept the changed Terms You may terminate the Account.
1.3. If the person attempting to Register is a Player who is under thirteen (13) years old, they must have the approval of a parent or guardian before their Account is granted. You confirm that You are either the Player (in which case, You confirm that You are over thirteen (13) years old), or that You are the parent or guardian of the Player.
2. Playing the Game
2.1. Upon Registration, We grant You a non-exclusive, limited and revocable licence to allow the Player to access the Game through their Account, in accordance with the Terms.
2.2. We agree to make the Game available over the internet and shall use Our reasonable efforts to make sure it is operational for Our Players. You acknowledge that We are not responsible for a Player’s internet access, or the reliability of a Player’s computer equipment or web browser, and have no responsibility for any difficulties a Player may have in accessing the Game because of problems with these.
2.3. We reserve the right to move or suspend the Game for short periods of time to allow Us to carry out maintenance or repair to Our servers or to implement improvements to the Game. We shall give Players twenty-four (24) hours notice of planned maintenance through a posting on the Game dashboard. Please be aware that We occasionally perform emergency maintenance or repairs and on these occasions it will not be possible to notify You in advance.
2.4. If You become aware of a problem or bug or error in the Game, You shall notify Us by email using the “Contact Us” link on the website, and We shall do Our best to fix it in a reasonable time.
2.5. From time to time We may release updates and improvements to the Game and/or the Lessons and such updates and improvements shall be automatically implemented during routine and planned maintenance.
3. Using the Lessons
3.1. The Lessons are intended to provide Players with good educational material that will help them develop their financial awareness skills and knowledge. The Player may access each Lesson to which they have subscribed, and may work through the Lesson until they have completed it and passed the corresponding Quiz.
4. Forums, Blogs and other Interactive Platforms
4.1. The Game provides a number of opportunities for Players to share their knowledge and expertise with each other. Mentors may respond to questions and post information on these platforms, and all Players are encouraged to participate actively within the acceptable use provisions in Clause 6.3.
4.2. You and all Players should be aware that Mentors are not qualified financial advisors, and that We are not responsible for any actions taken (or not taken) as a result of relying on or in any way using information or opinions provided by any Mentor and in no event shall We be liable for any damages resulting from reliance on or use of this information.
5. Privacy Policy
5.1. You acknowledge that in hosting the Game and storing Personal Data We are acting as a data controller as defined in the Data Protection Act 1998 (“Act”). We agree to comply with all of Our obligations under the Act, and in particular, will hold the Personal Data safely and securely and not disclose it to any third party other than for the sole purpose of providing the Game, the Lessons and Game Stuff, and for complying with Our obligations under the Terms.
5.2. You understand that it is important for Us to have accurate Personal Data (particularly with regard to a Player’s age), and You shall ensure that the Personal Data submitted by a Player during the Registration process is true and accurate.
5.3. If a Player expressly agrees, We may use their Personal Data to email them with details of new games and services that might be interesting to them. We will not share email addresses with other service providers, or sell or rent them to anyone else. Any Player who decides they no longer want to receive emails from Us about other games and services can opt-out of receiving them at any time.
5.4. During a Player’s use of the Game and the Lessons, We may record Behavioural Data. We may use this Behavioural Data to make recommendations to the Player about potential career choices and other activities that the Player may find interesting. We may also use this Behavioural Data to offer the Player links to the web sites of third parties offering products or services that may be relevant and useful to the Player. We will not share this Behavioural Data with any third party in a way that would enable the third party to identify a particular individual.5.5. A Player may choose to share their progress in the Game or the Lessons with other Players by identifying them as “Friends”, or with people outside of the Game through third party social networking sites such as (but not limited to) Facebook. If a Player elects to share this information, We shall provide it to the nominated Friends or the nominated website only. You warrant that the Player is old enough to participate in any such social networking site, and that they understand and accept the implications of sharing their information with others through such sites, and You agree that We shall have no liability in respect of usage of Player progress information by third party sites, where We have provided it to such third party site at the Player’s request.
5.6. We shall provide You with information about the progress of each Player Registered under Your name, with regard to the Lessons completed by that Player. Players should be aware that their progress will be visible to You.
6. Acceptable Use.
6.1.You agree that:
a. the Player may access the Game and the Lessons through their Account and neither You nor the Player have any rights to download, copy or install the Game or any Lesson or any part thereof onto any media or computer system belonging to You or to any third party;
b. You will not reverse engineer, decompile, or disassemble the Game, except to the extent that We cannot prohibit such acts by the applicable law, and neither will You permit any Player to do so;
c. You will not sell, assign, license, lease, rent, loan, lend, transmit, network, or otherwise distribute, transfer or make available the Game or any Lesson in any manner to third parties other than the Player; and
d. You are expressly prohibited from copying, adapting, modifying, merging, revising, improving, translating, upgrading, enhancing and creating derivative works of the Game or any Lesson for any purpose including error correction or any other type of maintenance, and neither will You permit any Player to do so.
6.2 You shall ensure that the Player keeps their username, passwords and other access details relating to the Game and the Lessons confidential and You agree that We shall not be responsible for any loss or damage suffered by You or a Player arising from Your failure to do so.
6.3. The Player shall not: (i) take any action or upload, post, e-mail or otherwise transmit content that infringes or violates any third party rights; (ii) impersonate any person or entity, including, but not limited to, an employee of Ours, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) take any action or upload, post, e-mail or otherwise transmit content that violates any law, regulation or statutory right; (iv) take any action or upload, post, e-mail or otherwise transmit content as determined by Us at Our sole discretion that is harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable; (v) take any actions or upload, post, e-mail or otherwise transmit content that contains any viruses (i.e. any program that may replicate itself or part(s) of itself to spread by computer interaction), Trojan horses (i.e. any program installed under any false pretences), worms (i.e. uninhibited and unprovoked virus/viruses), time bombs (i.e. any program that is a delayed malevolent attack), or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) interfere with or disrupt the Game, the Lessons or servers or networks connected to them, or disobey any requirements, procedures, policies or regulations of networks connected to them; (vii) attempt to gain access to any other user’s account or password; or (viii) “stalk” or otherwise harass another user.
6.4. We retain the right to suspend or terminate a Player’s Account at Our sole discretion, without notice to You, in the event that We become aware that a Player is in breach of the provisions of Clause 6.3.
7. Payment
7.1. To subscribe to the Lessons, You must follow the online subscription process and pay for the Lessons in advance, in accordance with the online instructions.
7.2. You hereby warrant that You are the person named on the credit card used to make online payments for Lessons and Game Stuff and that You have authorised the Player to make such payments using Your card. You agree that You are responsible for all charges incurred by the Player or by anyone to whom You or they give their Account details, including any local, national or other taxes that might be due on such charges.
7.3. It is not possible for You or any Player to cancel any purchase of Lessons or Game Stuff, and such purchases are non-refundable.
7.4. When playing the Game and using the Lessons, Players may accumulate points, purchase and earn Game Stuff, and build up progress through the Lessons, all of which are represented by data records in the Game’s virtual world. You acknowledge that this data, along with any Personal Data or Behavioural Data stored on Our servers, or those of Our subcontractors, may be reset and nullified at any time and without warning, and that You will not be entitled to any refund of any monies paid in respect of such Game Stuff or other data.
7.5. Should You actively seek refund(s) of real currency to Your credit card via charge-back, monies will only be forthcoming if Your request is made within the legal and statutory guidelines laid out within the country in which Your credit card is registered. While the time limit for charge-back varies in accordance with national legislation, We will honour all and any charge-back refunds to credit card holders’ accounts. You should note, however, that We reserve the right to suspend and/or terminate any or all of Your Account(s) if You seek refunds via the charge-back facility.
8. Warranties and Liability Exclusions.
8.1. We warrant that the Game will be prepared with reasonable skill and care and will perform substantially in accordance with its description on Our website, provided that it is used in line with the instructions and on a computer which meets the minimum operating requirements set out on Our website. If You or a Player become aware of an error in the Game, You shall notify Us by email using the “Contact Us” link on the website and We shall do Our best to fix it in a reasonable time.
8.2. The warranty set out in Clause 8.1 does not apply to conditions resulting from improper use, external causes (such as, but not limited to, internet problems), or from use other than as set out on Our website. We do not warrant that the operation of the Game or access to the Lessons will be uninterrupted or error free.
8.3. Save as expressly provided in Clause 8.1 of these Terms, We specifically exclude but without limitation all other conditions, warranties, representations or other terms relating hereto including any conditions, warranties, representations or other terms that might otherwise be implied or incorporated into these Terms, such as those of satisfactory quality, fitness for a particular or any purpose, or ability to achieve any particular result.
8.4. While We shall use all reasonable endeavours to ensure that the information provided in each Lesson is accurate and up-to-date, We make no warranty of any kind with respect to the information included in, or the completeness or accuracy of, any Lesson. If You or a Player become aware of an error in a Lesson, You shall notify Us by email using the “Contact Us” link on the website and We shall do Our best to fix it in a reasonable time.
8.5. You acknowledge that the Lessons are general in nature and do not constitute financial advice. If You or a Player need advice about a specific financial situation, please seek help from an appropriately qualified financial advisor. We are not responsible for any actions taken (or not taken) as a result of relying on or in any way using information contained in any Lesson and in no event shall We be liable for any damages resulting from reliance on or use of this information.
8.6. You hereby agree that Your sole remedy in respect of any non-conformance with any warranty in these Terms is that We will remedy such non-conformance (either by Ourselves or through a third party) and if, in Our reasonable opinion, We are unable to remedy such non-conformance then We will refund the money paid by You in respect of any non-conforming Lessons, and all of Your Accounts shall immediately terminate.
8.7. Nothing in these Terms shall exclude or limit Our liability for (i) fraud or other criminal act, (ii) personal injury or death caused by Our negligence, or (iii) any other liability that cannot be excluded by law, and nothing in these Terms shall act so as to reduce Your rights as a consumer.
8.8. Subject to Clause 8.7, Our maximum liability for a breach of Our obligations as set out in these Terms shall not exceed 125% of the aggregate of the fees paid by You in respect of the Account(s) that are the subject of Your claim.
8.9. Subject to Clause 8.7, We shall not be liable to You or to any Player for any indirect or consequential loss and We hereby exclude all liability that We have not expressly accepted in this Agreement.
9. Intellectual Property.
9.1. We are the owner or licensee of the patent, copyright, trade secrets, trademarks, design rights and any other intellectual property rights which subsist in the Game and the Lessons. Title to the Game and each Lesson, including any enhancement, amendment or addition made to them, shall remain vested in Us or Our licensors. Any rights not expressly granted herein are reserved to Us.
10. Term and Termination
10.1. Each Account will last indefinitely provided the Player continues to use it. We shall store the Personal Data and Behavioural Data associated with the Account for up to twelve (12) months after the last use of the Account, to enable the Player to come back to the Game at any time during this Period.
10.2. If there is no use of the Account for more than twelve (12) consecutive months, We shall terminate the Account.
10.3. Upon termination of an Account, all Personal Data and Behavioural Data associated with it shall be deleted and any Game Stuff and/or Lessons purchased for that Account shall be lost, and You shall not receive any refund for such lost Game Stuff and/or Lessons.
11. General.
11.1. These Terms shall be governed by and construed in accordance with the laws of England and Wales and subject to the jurisdiction of the courts of England and Wales. If an English Court judges any provision of these Terms to be invalid, void, or unenforceable, Both of Us agree that the remaining provisions of these Terms shall remain valid and enforceable. No waiver by Us of any term hereof shall constitute a waiver of any such term in any other case. We are not responsible for failure to fulfil Our obligations in these Terms due to causes beyond Our reasonable control. All notices made pursuant to these Terms must be made by electronic mail, with notices from You to Us to be sent to louisebarker@bamzonia.com, and those from Us to You and/or the Player to be sent to the contact email address entered during Registration. All such emails should have the words “Urgent and Confidential” in the subject line. These Terms constitute the entire agreement between Us, You and any and all Players with respect to the subject matter hereof and shall supersede all previous representations, agreements and other communications between the parties, both oral and written. These Terms shall prevail notwithstanding any variance with the terms and conditions of any order or purchase order submitted by You.