PLAYLEAK LIMITED
WEBSITE TERMS AND CONDITIONS

Effective Date: 12 April 2025

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

1. AGREEMENT TO TERMS

1.1. These Terms and Conditions ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "User"), and Playleak Limited ("Company", "we", "us", or "our"), concerning your access to and use of the [**Insert Your Website URL Here**] website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").

1.2. Our registered office is: Playleak Limited, 1019, 10/F, Nam Fung Commercial Center, Kowloon Bay, Hong Kong..

1.3. By accessing the Site, purchasing products from the Site ("Products"), or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1.4. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Effective Date" of these Terms. It is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of the Site after the date such revised Terms are posted will be deemed acceptance of the changes.

1.5. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

1.6. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site or purchase Products without the express consent and supervision of a parent or legal guardian.

2. INTELLECTUAL PROPERTY RIGHTS

2.1. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws globally.

2.2. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

2.3. Provided that you are eligible to use the Site, you are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

3. USER REPRESENTATIONS AND OBLIGATIONS

3.1. By using the Site, you represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly update such registration information as necessary; (c) you have the legal capacity and you agree to comply with these Terms; (d) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (e) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (f) you will not use the Site for any illegal or unauthorized purpose; and (g) your use of the Site will not violate any applicable law or regulation.

3.2. You undertake not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
3. Circumvent, disable, or otherwise interfere with security-related features of the Site.
4. Engage in unauthorized framing of or linking to the Site.
5. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
6. Use the Site to advertise or offer to sell goods and services unrelated to the Company.
7. Use the Site in a manner inconsistent with any applicable laws or regulations.
8. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
9. Post or transmit any material which is defamatory, offensive, obscene, or otherwise unlawful.

3.3. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

4. PRODUCT PURCHASES AND CONTRACT FORMATION

4.1. Offer and Acceptance: Your order constitutes an offer to purchase Products from us. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

4.2. Order Confirmation: Upon placing an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email serves only as an acknowledgement and does not constitute acceptance of your order.

4.3. Contract Formation: A contract between us for the purchase of Products will be formed when we send you confirmation by e-mail that the Products which you ordered have been dispatched to you ("Dispatch Confirmation"). Only those Products listed in the Dispatch Confirmation sent at the time of dispatch will be included in the contract formed.

4.4. Availability: All Products are subject to availability. We will inform you as soon as possible if the Products you have ordered are not available and you will not be charged for those Products. If payment has already been processed, a refund will be issued promptly.

4.5. Refusal: We reserve the right to withdraw any Products from this Site at any time and/or remove or edit any materials or content on this Site. We reserve the right to refuse to process a transaction for any reason or refuse service to anyone at our sole discretion.

5. PRICING, PAYMENT AND TAXES

5.1. Pricing: Whilst we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the Products, you will receive a full refund.

5.2. VAT/Sales Tax: Prices are displayed inclusive of UK Value Added Tax (VAT).

5.3. Delivery Costs: Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost' during checkout.

5.4. Payment: We accept payment via Stripe and PayPal. Payment is typically debited upon or shortly before dispatch. You confirm that the credit/debit card or payment account that is being used is yours or that you have been specifically authorised by the owner to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment, we will not be liable for any delay or non-delivery. We utilise secure payment systems to protect your information.

5.5. Import Duties and Taxes: If your delivery address is outside UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the Products are destined.

6. DELIVERY

6.1. Timescales: Delivery dates provided at checkout or on the Site are estimates only and time shall not be of the essence. We shall not be liable for any delay in delivery of the Products that is caused by a Force Majeure Event (see Clause 13) or your failure to provide us with adequate delivery instructions.

6.2. Risk: Risk of loss or damage to the Products shall pass to you upon completion of delivery (when the Products are delivered to the address specified in your order).

6.3. Title: Title to the Products shall not pass to you until we have received payment in full (in cash or cleared funds) for the Products and any other goods or services that we have supplied to you in respect of which payment has become due.

6.4. Delivery Issues: Procedures for investigating missing items or disputed deliveries are outlined in our Delivery Information Page. Please contact our Customer Service team promptly if you experience any delivery issues.

7. RETURNS AND REFUNDS

7.1. Your rights regarding returns and refunds are detailed in our Refund and Return Page. This policy forms part of these Terms.

7.2. In the event that Products received are damaged, defective, or do not conform to the contract, please contact us immediately. You may be entitled to a repair, replacement, or refund in accordance with your statutory rights and our Returns Policy.

8. DISCLAIMER OF WARRANTIES

8.1. The Site and its Content are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2. We make no warranties or representations about the accuracy or completeness of the Site’s Content or the content of any websites linked to the Site and we will assume no liability or responsibility for any:

1. errors, mistakes, or inaccuracies of content and materials,
2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site,
3. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
4. any interruption or cessation of transmission to or from the Site,
5. any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or
6. any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.

9. LIMITATION OF LIABILITY

9.1. Nothing in these Terms shall limit or exclude our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any matter in respect of which it would be unlawful for us to exclude or restrict liability (including liability under mandatory consumer protection legislation).

9.2. Subject to Clause 9.1, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:

1. loss of profit;
2. loss of goodwill;
3. loss of business;
4. loss of anticipated savings;
5. loss or corruption of data or information; or
6. any indirect or consequential loss arising under or in connection with any contract between us.

9.3. Subject to Clause 9.1, our total aggregate liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum paid by you for the Products under such contract.

10. INDEMNITY

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims.

11. DATA PROTECTION

All personal information that we may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordanceance with the provisions of applicable data protection legislation (including, where relevant, the UK General Data Protection Regulation (UK GDPR)) and our Privacy Policy Page.

12. DISPUTE RESOLUTION

12.1. Internal Resolution: Should you have any concerns or complaints, please contact our Customer Service team first using the details provided in Clause 16. We will endeavour to resolve the issue amicably through our internal complaints handling procedure.

12.2. Alternative Dispute Resolution (ADR): If we are unable to resolve your complaint to your satisfaction, we will provide you with information about relevant ADR schemes. ADR involves an independent third party considering the facts of a dispute and seeking to resolve it without recourse to the courts. Participation in ADR is voluntary.

13. FORCE MAJEURE

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond our control.

14. GOVERNING LAW AND JURISDICTION

These Terms, your use of the Site, and any contract formed hereunder, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.

15. GENERAL PROVISIONS

15.1. Assignment: We may transfer our rights and obligations under these Terms to another organisation. You may not transfer any of your rights or obligations under these Terms without our prior written consent.

15.2. Severability: 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.

15.3. Waiver: 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.

15.4. Entire Agreement: These Terms, together with our Privacy Policy and Returns Policy, constitute the entire agreement between you and us in relation to your use of the Site and supersede all previous agreements in respect of your use of this Site.

15.5. Third Party Rights: A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

16. CONTACT INFORMATION

For any questions, concerns, or communications regarding these Terms and Conditions, please contact us exclusively via our online contact form, available at: https://www.earthproven.co.uk/index.php?route=information/contact