Terms & Conditions
AGREEMENT BETWEEN USER AND THE KNOWLEDGE COMPANY (TKC)
The TKC Web Site is comprised of various Web pages operated by TKC.
The TKC Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the TKC Web Site constitutes your agreement to all such terms, conditions, and notices.
TKC reserves the right to change the terms, conditions, and notices under which the TKC Web Site is offered, including but not limited to the charges associated with the use of the TKC Web Site.
TERMS OF BUSINESS AND PAYMENTS
Diffraction Entertainment Ltd. are pleased to offer the following terms of business to end users:
- We offer a limited warranty on our products, stating that on dispatch all our product is complete, is of merchandisable quality, and in perfect condition. In the unlikely event that the product is missing any components, please contact us via email, post, or telephone using the contact details on our contacts page. The company if satisfied by receipt of digital photographs of the product as received, that items are missing shall immediately dispatch those items missing.
- We use high quality insured couriers including (but not limited to) Fed Ex, DHL, DPD, UPS, Hermes, Parcel Force, and The Royal Mail. All products should reach you in excellent condition. In the unlikely event that product is damaged on receipt please contact us within 72 hours of receipt via the contact details on our contacts page. We require digital photographs of the damage to comply with the terms of the insurance provided by the couriers. Once we are in receipt of the photographs we will ship replacement components by negotiation with the purchaser.
- Failure to comply with sections (1) and (2) above invalidate this warranty.
- The company complies with UK distance selling regulations. These terms do not affect your statutory rights under Scottish Law.
Payments are processed by Paymentsense Ltd. on behalf of John Bannerman T/A (trading as) Diffraction Entertainment.
Clients who fail to provide the correct shipping details on request will:
- Not have their game shipped until we are satisfied that the details are correct.
- In the event that we have to alter or amend shipping details once booked, a fee of £50 plus VAT will be paid per GAME rebooked, prior to our releasing the games to the couriers or Postal Services.
- Any complaints about this charge will be treated as a restocking advisory. TKC Games and DE Ltd. under distance selling regulations charge 100% of the purchase price for restocking.
LINKS TO THIRD PARTY SITES
The TKC Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of TKC and TKC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TKC is not responsible for webcasting or any other form of transmission received from any Linked Site. TKC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TKC of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the TKC Web Site, you warrant to TKC that you will not use the TKC Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the TKC Web Site in any manner which could damage, disable, overburden, or impair the TKC Web Site or interfere with any other party’s use and enjoyment of the TKC Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the TKC Web Sites.
USE OF COMMUNICATION SERVICES
The TKC Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profTKC, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Violate any applicable laws or regulations. TKC has no obligation to monitor the Communication Services. However, TKC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. TKC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
TKC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TKC’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. TKC does not control or endorse the content, messages or information found in any Communication Service and, therefore, TKC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized TKC spokespersons, and their views do not necessarily reflect those of TKC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO TKC OR POSTED AT ANY TKC WEB SITE
TKC does not claim ownership of the materials you provide to TKC (including feedback and suggestions) or post, upload, input or submit to any TKC Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting TKC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. TKC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in TKC’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TKC WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TKC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TKC WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE TKC WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TKC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE TKC WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TKC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TKC reserves the right, in its sole discretion, to terminate your access to the TKC Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of England UK, and you hereby consent to the exclusive jurisdiction and venue of courts England,UK in all disputes arising out of or relating to the use of the TKC Web Site. Use of the TKC Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TKC as a result of this agreement or use of the TKC Web Site. TKC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TKC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the TKC Web Site or information provided to or gathered by TKC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TKC with respect to the TKC Web Site and it supersedes all prior or contemporTKCous communications and proposals, whether electronic, oral or written, between the user and TKC with respect to the TKC Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the TKC Web Site are: and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.