TERMS & CONDITIONS
The following forms the terms and conditions between you and TURBULENT SIMULATIONS LIMITED for the use of this website and the purchase of goods for your own private use. It is in addition to your statutory rights. We have written this in plain English and this document is part of our commitment to providing total customer satisfaction. If you would like to comment or are unsure about any aspect of these conditions or any other part of our website, then please let us know – we will be pleased to provide prompt assistance.
Contact details can be found on the Contact Us page.
INFORMATION ABOUT OUR PRODUCTS
We will provide honest, clear, legal and decent information and advertising about the products we have for sale. All such material meets the conditions of the British Codes of Advertising and Sales Promotion (which you can see at www.asa.org.uk) and we will comply with any rulings given by the ASA on any complaints raised with them.
We will not advertise for sale any product that we do not genuinely believe to be available as advertised. If the release date of a product changes, we will show this change on our website promptly and, if practical, let you know if you have already placed an order for it.
When making available any gift certificates, vouchers, discounts or special offers to you we will clearly say if any restrictions apply. The specifications of each product will include details of any specific technical requirements needed in order to operate it correctly. Please make sure that you have checked these requirements before purchase.
PRICES/ORDERING AND DELIVERY
The prices of all goods on this website are in £, € and $ unless otherwise stated.
The prices are quoted inclusive of VAT.
The methods of payment we accept are detailed on the website.
We will confirm by e-mail any order you place with us through this website. This confirmation will include your name, the order or reference number and the total price being charged to you. No contract of sale will be deemed as entered into between you and TURBULENT SIMULATIONS LIMITED for the supply of any order until such confirmation is received by you.
We will provide you with a receipt for any goods purchased from us. We will promptly correct any mistakes in bills, receipts or payments that you tell us about, at the latest within 30 days of our agreement to do so.
In exceptional circumstances, we reserve the right to refuse your order, in which case we will promptly notify you and explain why this is the case.
REFUNDS (DOWNLOAD PRODUCTS)
Unfortunately, we are unable to keep track of installations, un-installations, removing or deleting downloadable software on customer’s PCs and therefore we are unable to issue refunds for downloadable products once any relevant product key has been sent and/or the software has been downloaded. However, if you have a problem with your software, please contact our support team and if we can’t resolve the matter we will, of course, ensure that you aren’t paying for something that you can’t use.
We provide free technical support on our download service. Details can be found in the Support section of this website.
DATA PROTECTION AND PRIVACY
We are registered to hold your details and meet the conditions of the Data Protection Act 1988. We will not hold sensitive information about you or transfer information about you to third parties without your permission, and you may request at any time – and for a small fee – a copy of all the information we hold about you.
We have taken all reasonable steps to ensure that our website is secure and that all sensitive information transmitted through it is sent securely and held confidentially. Any third parties or agents that we may use to process this sensitive information on our behalf have also taken all reasonable security steps. The only exceptions to the above are where we may take appropriate and reasonable steps in the prevention of criminal and fraudulent activity.
While our website is generally suitable for viewing by children and we welcome gaming enthusiasts both young and old equally, those under the age of 18 are only permitted to make purchases from this site with the involvement of a parent or guardian.
We will not accept registrations to our mailing list from anyone 13 years of age or less. If you are under 18 it is your responsibility to notify us of this so we can take appropriate steps. The law requires us to hold only limited information on minors.
We meet the obligations under the consumer protection laws currently in force in the United Kingdom.
COMPLAINTS AND SOLVING DISPUTES
We will deal with complaints confidentially, efficiently and promptly. We will acknowledge any complaint within five working days. You may write directly to TURBULENT SIMULATIONS LIMITED on any matter concerning our products or service. The address is on the Contact Us page.
YOUR COMMITMENT TO TURBULENT SIMULATIONS LIMITED
All portions of this website and arrangement thereof, and all software code and other material on this website are © TURBULENT SIMULATIONS LIMITED or its content and technology providers.
You agree that you use this website at your own risk and accept it ‘as is’. You agree that you shall not hold TURBULENT SIMULATIONS LIMITED or any of its employees or agents liable for any damage or loss however caused, whether due to TURBULENT SIMULATIONS LIMITED’s negligence or otherwise.
You agree that you will only use this website for your own personal use and shall not copy or otherwise infringe the rights of TURBULENT SIMULATIONS LIMITED or use this website for any illegal or unauthorised activity.
By using this website, you agree to act in an honest and honourable manner in your dealings with us and that you are who you say you are. You agree to accept liability for any loss suffered by TURBULENT SIMULATIONS LIMITED as a result of any fraudulent or unauthorised action deliberately caused or initiated by you.
HOW TO CONTACT US
Full details of how to contact us can be found on the Contact Us page.
End User Licence Agreement
PLEASE READ CAREFULLY – THIS IS AN IMPORTANT LEGAL AGREEMENT
This End User Licence Agreement (EULA) is a legal contract between you (as an individual user) and Turbulent Designs/Simulations Ltd. (the Retailer/Distributor) for the software title stated above, including but not limited to, all accompanying media, manuals, printed and or electronic or online documentation, updates or other additions (in its entirety referred to hereinafter as the ‘Software’).
By installing, using or otherwise accessing the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms below then you should not install, use or otherwise access the Software and should return the Software and all packaging and other accompanying materials as may have been supplied to the place from which you purchased it, along with proof of purchase, for a full refund.
Copyright and Licence
This Software is the copyright of the developer and/or IP owners and/or the distributor and is protected by copyright laws and international copyright treaties and may not be used except as permitted in this EULA.
Please note that this Software is licensed, not sold. This licence is personal to you as the purchaser and only permitted user of the Software. You may not transfer the rights granted under this contract unless the person you are transferring the rights to agrees to accept the terms of this contract in full. In such case, the distributor/retailer shall have no further obligation whatsoever, including support beyond that given to the original purchaser.
Only one licensee per authorised copy of this Software is allowed at any time.
As a licensee of the Software, you may, subject to the conditions herein, install the software element of the Software (‘Data’) on to and use the same on a single computer that is under your control.
Please note the limitation on liability and warranty exclusions detailed more fully in the relevant clause in this EULA before use.
You may not:
a) load the Data onto more than one computer at a time. If you wish to transfer the Data from one computer to another, you must remove the entire Data from the first computer before you install it onto another;
b) sub-license, assign, rent, lease the Software or make or distribute copies of the Data, or any part thereof;
c) translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Data or any other part of the Software, except as permitted by law;
d) make copies of the Software or its accompanying documentation or materials or any other part of the Software either in full or part for any reason;
Ownership of Software & Data
As a licensee you own only the medium on which the Software is recorded or stored, if such medium is provided. In all cases, you only have a license to use the Software and Data as permitted herein. You may retain any such media on termination of this agreement provided the Data is erased from any computers and or other storage devices to which you transferred or used the Software and or Data. We shall at all times retain ownership of the Data and all other elements of the Software.
Warranty on Use
The Software, Data and any related documentation and material is provided ‘as is’ without warranties of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement, so far as such exclusion or disclaimer is permitted under the applicable law. The entire risk arising out of use or performance of the Software and or Data remains with you.
The distributor and its suppliers and agents expressly disclaim any warranty for the Software and or the Data and its use in any manner.
Unfortunately, we are unable to keep track of installations, un-installations, removing or deleting downloadable software on customer’s PCs and therefore we are unable to issue refunds for downloadable products once the download link has been made available and/or any relevant activation key has been supplied. However, if you have a problem with your software, please contact our support team and if we can’t resolve the matter we will, of course, ensure that you aren’t paying for something that you can’t use.
In no event shall the distributor or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, personal or business interruption, loss of information, or any other loss) arising out of the use of or inability to use the Software or Data, even if the distributor has been advised of the possibility of such damages.
Because some territories and jurisdictions do not allow the exclusion or limitation of liability for certain types damages arising from negligence, the above limitation may not apply to you. In such cases liability is limited to no more than the purchase price paid by you for the Software or in cases where liability is not permitted to be limited as such or liability shall be no more than as permitted under the applicable law.
This EULA and the license hereby granted to use the Software will automatically terminate if you fail to comply with the terms of this EULA or destroy the copies of the Software in your possession or voluntarily return the Software for any reason.
In the event of termination, you must destroy or delete all copies of the Software from all storage media on which you installed or used the Software and or Data.
This EULA is to be the sole agreement between the parties for the use of the Software and Data and supersedes all prior agreements, understandings and representations (save for fraudulent misrepresentation), both oral and written, and is the only document upon which the parties may rely to enforce their rights pursuant to the granting of the rights described herein.
If any part of this EULA is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of this EULA, and we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality, or at our discretion such provision may be severed from this agreement and the remaining provisions of this agreement shall remain in full force and effect.
Any failure or delay by the distributor or its authorised agents or assigns in exercising its rights under this EULA shall not be construed as a waiver of those rights at that time or at any time in the future.
Legal Jurisdiction and Law
This EULA and all matters arising from it are governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection from same.
THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS
This software is distributed and sold by:
Turbulent Designs Ltd
Langstone Technology Park