1. INTRODUCTION

1.1 These are the terms and conditions (the ‘T&Cs’) Ginger Joy Limited(‘we’, ‘us’, ‘our’) uses to govern the application which you have installed and includes the link you used to reach this page (the “App”). If you don't want to or cannot agree to these T&Cs, then you must not buy (where applicable), download, use or play the App. By buying (where applicable), downloading, installing, updating, using or playing the App, or by clicking ‘accept’, ‘start’ or similar (where applicable), you agree to these T&Cs.

1.2 We may offer the App through various Apps and/or application stores including, without limitation Apple App Store and Google Play Store (each a ‘Store’). That means you might require a Store account to use the App, and that you must abide by the conditions of use that are specific to each Store (which are subject to change from time to time). To use the App, you must be at least 13 years old. Additionally, if you are under the age of 18, you must get your parent's or legal guardian's permission before using the App, and they must concur with these T&Cs.

2. SUMMARY

2.1 These T&Cs are a legal agreement between us and you, so please read them carefully. These T&Cs describe how you are permitted to use the App. If you break these terms and conditions, we may stop you using the App, contact you regarding your use of it or exercise other remedies that we have available to us at law or in equity.

2.2 The App is provided on an ‘AS IS’ basis, and we make no (and hereby disclaim any and all) representations and warranties with respect to it, to the extent permitted by applicable law.

2.3 These T&Cs may change from time to time. Please check back with us periodically to make sure that you're aware of the latest version. These terms are subject to the Content Usage Guidelines which cover the use of our Apps which will be provided to you and updated to you from time to time (“Usage Guidelines”).

3. PRIVACY

3.1 In accordance with data protection laws, we are obligated to give you specific information about who we are, how we use your personal data, why, and how to exercise your rights in connection to that data. You should carefully read our privacy policy, which contains the information mentioned above.

3.2 Please take care when disclosing any information about yourself on or through App. A known risk of the public internet is people not necessarily being who they say they are, or behaving in an unreliable, misleading or illegal way. We cannot control information you choose to provide to other users, where our App include facilities for you to interact with others. We highly advise you to exercise caution, act responsibly, and not share any information that you do not want distributed on the wider public internet. You make any disclosures of your information to other users at your own risk. Once information is disclosed by you in this way, it may not be possible for us to prevent its dissemination over the public internet.

4. WHAT YOU CAN DO

4.1 You can use the App in the following ways as long as you meet the rest of the terms and conditions in these T&Cs and the Usage Guidelines:

4.1.1 To use the App. In line with these T&Cs, we offer you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and licence to use one copy of the App for your personal, non-commercial use for App. We do not give you ownership of the App.

4.1.2 To share App images and videos on social media.

4.1.3 To use upgrades, updates, and other App-related material that we may make available from time to time (but we are not required to provide that or other updates, upgrades, or support).

5. WHAT YOU CANNOT DO

5.1 We make commercially reasonable efforts to protect our App and our users, and it is critical that the App not be used in an unfair or potentially harmful way to our or others' rights. As a result, we retain the right to take any and all appropriate action in response to any activity that breaches the terms or spirit of these T&Cs.

5.2 With any App You cannot:

5.2.1 cheat, rig, fix, circumvent rules or processes,

5.2.2 use multiple accounts, exploit 'loopholes' or bugs, or use our App in a way that is not in the spirit intended by our T&Cs or that may harm the experience of other App users;

5.2.3 share, rent, resell, or make available copies of the App (or any 'hacked' versions) or otherwise use the App commercially in any way except as expressly permitted by law (such as under 'fair dealing) share any password or security information you use to access the App with any other person(where applicable);

5.2.4 make public or commercial use, by any means, of any App, products or services without our prior written consent;

5.2.5 delete, obscure, remove or otherwise prevent the proper display of intellectual property (including without limitation copyright and trade mark notices or other legal lines or credits) notices in our App;

5.2.6 reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the App;

5.2.7 do anything (or attempt to do anything) which might disrupt use of the App by us or other users, or which could threaten, harass or upset other users of the App or website community; and

5.2.8 make anything available on or through the App that violates the rights of third parties (including without limitation their intellectual property or privacy rights).

5.3 We may make codes of conduct and usage rules and guidance available to you, which may provide additional rules and guidance about your use of our App. We require that you comply with these rules so that we can properly operate our App and to ensure that our users have a safe and fair experience. To the extent of ambiguity or conflict between a code of conduct and these T&Cs, these T&Cs prevail.

5.4 Please make sure you read these T&Cs carefully and understand them. If we are threatened with or face legal action because you break any of the terms and conditions in these T&Cs, we may hold you responsible. That means you may need to compensate us, and pay us back for any damage we suffer as a result, and for our legal and other expenses.

5.5 If you breach these T&Cs, we have the right to suspend, terminate or otherwise take under review your licenses granted hereunder.

6. HEALTH AND SAFETY PRECAUTIONS

6.1 The App may contain flashing lights, realistic images and simulations.

7. THIRD PARTY CONTENT IN OUR APP

7.1 The App may contain third-party materials such as posts, comments, videos, photos, and other content such as user-generated content. We are not in charge of this material. We may regulate or otherwise check such content in some cases, but we are not compelled to do so. Depending on the App or website and the material involved, we may be nothing more than a conduit for the transfer, storage, and retrieval of the relevant content. In other words, we may not check content for legality, tastefulness, or compliance with our T&Cs.

7.2 We may rely upon a reporting system whereby players and users can report third party or user-generated content to us, such as because it is illegal content or as it is content which breaches these T&Cs. A reporting mechanism may be made available for these purposes in the relevant website or App, and you can also let us know by contacting us through the communication channels described under Contact Us section.

7.3 Where we provide the functionality for you to upload any content, including any user generated content, to our Apps and/or websites such as, without limitation, posts, photos, videos, images, voice communications, text and other communications, comments or other content or files, you agree and undertake that the content:

7.3.1 is lawful and will not give rise to any actual or possible civil or criminal liability for you or for us and does not promote any unlawful or illegal activity (including without limitation in respect of the territory and local laws applicable where you may upload such content);

7.3.2 does not infringe the rights of any third party, including without limitation their intellectual property or privacy rights; 7.3.3 does not include any virus, worm, logic bomb, bug or any other form of malicious or technically harmful data, code, link or information;

7.3.4 is not violent, threatening, abusive, pornographic, defamatory, discriminatory, obscene or otherwise morally objectionable (in our reasonable opinion);

7.3.5 does not harass or defame any person or organisation;

7.3.6 does not commercially market or promote any third party, product or organisation; 7.3.7 does not seek to or attempt to make any arrangement to meet a child under the age of eighteen (18);

7.3.8 does not contain any restricted or security related content such as the passwords, medical information or confidential information of any person; and 7.3.9 does not solicit, encourage, invite, advocate, request or provoke directly or indirectly any of the foregoing or any illegal activity or breach of these T&Cs.

8. INTELLECTUAL PROPERTY

8.1 All intellectual property rights in the App belong to us or our licensors worldwide, and the rights in the App are provided to you through a limited licence (and are not sold) to you. Other than the ability to use the App in compliance with these T&Cs on the appropriate platform / Store and device, you have no intellectual property rights in or to the App. Except as clearly stated in these Terms and Conditions, we and our licensors reserve all rights.

9. OUR LIABILITY

9.1 Nothing in these T&Cs will limit any of your rights which may not be excluded under law. This means that, notwithstanding any other terms in these T&Cs:

9.1.1 our liability to you for personal injury or death caused by our negligence is not excluded or limited, nor is our liability to you for any fraudulent representation we make; and

9.1.2 if a paid-for App does not work when we deliver it to you, we will try to repair or replace it.

9.2 Other than as mentioned above, our overall liability to you is limited to the price you paid to use the App.

9.3 The App, as well as any updates, upgrades, and extra content, is offered 'AS IS'. That is, we offer no guarantees concerning the App other than that it will be of good quality, as stated, and fit for use. We offer no other guarantees concerning the App.

9.4 We will deliver the App with reasonable skill and care, but we cannot promise that there will be no faults, bugs, or disruptions, or that our App will not create any difficulties with your device.

9.5 If we release a version of the App that is not yet complete because we want to provide you early access, you should be aware that it may have problems, bugs, or disruptions.

9.6 Please notify us as soon as you identify any problems with the App so that we are aware and can determine whether it is anything that needs to be addressed in a future release or update (if there is a future release or update). You can contact us at the email address shown in the Contact Us section if you have any difficulties with the App.

9.7 Unless otherwise specified, any views stated in the App are those of the writers and not those of us.

10. STORE TERMS

10.1 The methods in which you can use the App may be governed by the applicable Store's terms and conditions and policies, which the Store makes available to you. If there is a discrepancy between the terms of these T&Cs and the terms of the relevant Store from which you purchased (where applicable) or installed the App, the Store's terms will take precedence.

10.2 The App may provide for certain additional content and features available through in-app purchase(s) (“Virtual Items”). The terms of this T&C and specifically this clause shall govern all such Virtual Items.

10.3 This section applies if the App allows you to earn, obtain, or utilise Virtual Items. You may use Virtual Items in conjunction with the App's approved usage and, if appropriate, in any third-party apps that permit the use of such Virtual Items. The Virtual Items do not belong to you. You only have a non-exclusive, non-transferable, revocable licence to use them in connection with the App, as updated and communicated to you from time to time, and subject to your compliance with the terms of this T&C. Where you purchase Virtual Items from us, the purchase will be subject to our then applicable terms of sale, including any additional fees that are applicable for Virtual Items that can be used in third party applications. These will be made available to you at the time of each purchase.

10.4 We or third parties may provide paid-for Content on or via the App (including access to paid virtual events). Such access will be subject to the conditions of sale and usage in effect at the time. These will be provided to you at the time of purchase.

10.5 You acknowledge and accept that Virtual Items have no monetary or redeemable value, and that your licence to use them will be stopped and/or cancelled if you are refused access to your account or your account is shut down, frozen, or terminated for any reason in line with these Terms and Conditions. Unless specifically stated differently and subject to your mandatory consumer rights, we shall have no duty to issue any refund or otherwise compensate you in any amount.

10.6 You are not permitted to trade, exchange, sell, rent or otherwise transfer or deal in the Virtual Items or your account, without our prior written permission. You shall not access or use any account or Virtual Items which have been traded, exchanged, sold, rented or otherwise transferred or dealt in.

10.7 If the App offers a subscription-based premium feature package, it enables users to use the app without advertisements and with extra features. It will include an auto-renewable subscription, with a weekly subscription period. In this case, payment will be charged to your Store account upon confirmation of the subscription and the subscription period will be weekly. In this case subscription will be renewed unless turned off 24 hours before the end of the period, and the account will be automatically charged for renewal as well. If you subscribe, your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your account settings in the Store. If a free trial period is offered and if you purchase a subscription, any unused portion of the free trial period will be forfeited.

11. OPERATING SYSTEM AND DEVICE REQUIREMNENTS

11.1 The App is provided by us in English and the other languages described on the Stores.

11.2 An internet connection is required to use certain aspects of the App. Other operating and system requirements apply (such as in respect of operating system and installation memory - depending upon the relevant App); information about these requirements will be made available to you, either by Store descriptions, packaging information or through our website.

12. TERMINATION AND SERVICE OUTAGE

12.1 We may temporarily discontinue the App and any and all services and content available through them at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.

12.2 We may end your rights to use the App at any time in the event that you breach these T&Cs. If what you have done can be put right, we may, in our sole discretion, give you a reasonable opportunity to do so. Where you have paid for the App, content or services in connection with the App and your rights have been terminated in accordance with this clause because of your breach of these T&Cs, we will not refund you.

12.3 We may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you. This may happen, without limitation, because we choose to end the availability of the App. If your use of the App was provided to you free of charge, you will not be entitled to compensation in this event. If you paid for the App, content or services in connection with the App, you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for. Where you have not had a reasonable period of opportunity to enjoy the paid-for App, we may offer you a partial or full refund.

12.4 Upon your deletion/uninstallation of the App, any in-App rankings or scores, including virtual currency balances (whether earned or purchased), or scores or information in connection with the App services will not be retained or accessible. These may not be recoverable by us once they are deleted or made inaccessible.

13. GENERAL

13.1 These T&Cs do not affect any legal rights you may have under the law which cannot be excluded or limited.

13.2 We may change or update these T&Cs from time to time, but changes only affect you to the extent they can legally apply. For example, if we release an update with a new set of T&Cs, and you don't use the update, then the old set of T&Cs applies, but if you do use the updates or if you use parts of the App(s) that rely on our ongoing online services then the new T&Cs will apply. Please check back at our website from time to time in case of updates to the T&Cs.

13.3 We may transfer our rights and obligations under these T&Cs to another organisation. We will let you know if that happens and we will ensure that your rights under these T&Cs are unaffected. You may not transfer your rights or obligations under these T&Cs unless we expressly agree to the transfer in writing.

13.4 Even if we delay in enforcing these T&Cs and/or our rights, we can still enforce these T&Cs and/or our rights later. If we do not insist immediately that you do anything you are required to do under these T&Cs, or if we delay in taking steps against you in respect of your breaking of any term of these T&Cs, 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.

13.5 If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution through the communication channels under Contact Us section. These T&Cs are governed by Cyprus law and you can bring proceedings in respect of the App or these T&Cs in courts of Cyprus.

14. COMPLAINTS AND ALTERNATIVE DISPUTE RESOLUTION

14.1 Should you have any queries or complaints, please get in touch via the contact information

14.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider.

15. COMPANY AND CONTACT INFORMATION

In these T&Cs, ‘we’, ‘us’ and our refers to:

Email: legal@gingerjoy.gs

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