Premium Membership Terms and Conditions
1. These terms
1.1 What these terms cover. These are the terms and conditions on which you subscribe for premium membership. They apply in addition to our Website Terms and Conditions and other policies. Where this a conflict between the Website Terms and Conditions and these terms, these terms shall prevail.
1.2 Why you should read them. Please read these terms carefully before you subscribe for premium membership. These terms tell you who we are, how you will be given access to premium membership, how you and we may change or end subscription, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Black Tree Gaming Limited a company registered in England and Wales. Our company registration number is 06360077 and our registered office is at Southernhay Studios Dean Clarke House, Southernhay East, Exeter, England, EX1 1AP. Our registered VAT number is 107473914.
2.2 How to contact us. You can contact us by writing to us at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address registered to your account.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your subscription. Our acceptance of your subscription will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your subscription. If we are unable to accept your subscription, we will inform you of this and will not charge you for the subscription.
4. Our rights to make changes
4.1 Changes to premium membership. We may change the premium membership:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the premium membership.
4.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
5. Providing the premium membership.
5.1 When you will have access to premium membership. You will have access to the premium membership once you have paid the relevant subscription fee until you end your subscription as described in 6 or we end your subscription by written notice to you as described in 8.
5.2 We are not responsible for delays outside our control. If your access to the premium membership is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the subscription and receive a refund for any premium membership you have paid for but not received.
5.3 Reasons we may suspend your access to premium membership. We may have to suspend your access to premium membership to:
(a) deal with technical problems or make minor technical changes;
(b) update premium membership to reflect changes in relevant laws and regulatory requirements;
(c) make changes to premium membership as requested by you or notified by us to you (see 4).
5.4 Your rights if we suspend your access to premium membership. We will contact you in advance to tell you we will be suspending your access to premium membership, unless the problem is urgent or an emergency. If we have to suspend access to premium membership for longer than three days in any month we will adjust the price so that you do not pay for premium membership while it is suspended. You may contact us to end subscription for premium membership if we suspend it, or tell you we are going to suspend it, in each case for a period of more than five days and we will refund any sums you have paid in advance for the premium membership in respect of the period after you end the subscription.
5.5 We may also suspend your access to premium membership if you do not pay. If you do not pay for the premium membership when you are supposed to (see clause 10), we may suspend your access to premium membership until you have paid us the outstanding amounts. We will contact you to tell you we are suspending your access to premium membership.
6. Your rights to end the subscription
6.1 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
6.2 How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your subscription. However, you must pay us for the premium membership provided up until the time you tell us that you have changed your mind, as follows:
(a) Monthly subscription: for every mod downloaded, you must pay 5% of the subscription fee.
(b) Yearly subscription: for every mod downloaded, you must pay 1% of the subscription fee.
6.3 Ending the subscription where there is no right to change your mind. If you want to end the subscription, please let us know via the payment area of the website. Your subscription will terminate at the end of your current subscription period.
6.4 Ending your subscription because of something we have done or are going to do. You have a legal right to end the contract because of something we have done wrong. If you exercise this right, the subscription will end immediately and we will refund you in full for any premium membership which has not been provided and you may also be entitled to compensation.
7. How to end your subscription (including if you have changed your mind)
7.1 Tell us you want to end your subscription. To end your subscription, please let us know by completing the form on our website. If you believe you are entitled to a refund, you must email us at email@example.com.
7.2 How we will refund you. If you are entitled to a refund, we will pay this to you by the method you used for payment. However, we may make deductions from the price, as described below.
7.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for period for which you had access to premium membership, ending with the time when you told us you had changed your mind. The amount will be in proportion to the period for which you had access to premium membership.
7.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
8. Our rights to end your subscription
8.1 We may end your subscription if you break any of these terms. We may end your subscription at any time if:
(a) you do not make any payment to us when it is due;
(b) you break any other terms which apply to our website (upon which occurrence we may also delete your account, in accordance with those terms.).
8.2 We may withdraw premium membership. We may write to you to let you know that we are going to stop providing premium membership. We will let you know at least one month in advance of our withdrawing premium membership and will refund any sums you have paid in advance for any premium membership you have not had access to. We would, however, hope to be able to continue to provide premium membership to you until your current subscription period expires.
9. If there is a problem with your subscription
9.1 How to tell us about problems. If you have any questions or complaints about your subscription, please contact us. You can write to us at firstname.lastname@example.org.
10. Price and payment
10.1 Where to find the price for premium membership. The price of premium membership (which includes VAT) will be the price indicated on our website.
10.2 When you must pay and how you must pay. To subscribe for premium membership you need to provide us with valid, up-to-date and complete credit card details and any other relevant valid, up-to-date and complete contact and billing details and you hereby authorise us to bill such credit card on the date you subscribe for premium membership and, while your subscription remains in force:
(a) if you are a monthly subscriber, each month after; and
(b) if you are a yearly subscriber, each year after.
10.3 If we do not receive payment on the due date, and without prejudice to any other rights and remedies we may have, we may disable your access to premium membership.
10.4 We shall be entitled to increase the subscription fee upon one month’s prior notice to you.
11. Our responsibility for loss or damage suffered by you
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to premium membership including the right to receive a product which is as described, matches information we provided to you and is supplied with reasonable skill and care
11.3 We are not liable for business losses. We only supply premium membership for domestic and private use. If you use the premium membership for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. How we may use your personal information
13. Other important terms
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens.
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to grant you access to premium membership, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of your premium membership in the English courts. If you live in Scotland you can bring legal proceedings in respect of your premium membership in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of your premium membership in either the Northern Irish or the English courts.