TERMS AND CONDITIONS OF SUPPLY
These Terms will apply to any contract between us for the licensing of Content to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Content from our Site. Please note that before placing an order for any Content you will be asked to agree to these Terms.
Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Content from our Site.
You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time as set out in clause 11. Every time you wish to order Content, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1.1 Unless expressly defined elsewhere, the following definitions shall apply:
“Content”: means any content listed on our Site that is available to be purchased including any three-dimensional scans, three-dimensional models, three-dimensional images, videos, film footage, textures, three-dimensional meshes or other material generated optically, electronically, digitally or by any other means or in any media;
“Commercial Use Licence Terms”: means the rights set out in clause 10.1 and the restrictions in clause 10.3 which together govern your use of the Licensed Content if you have purchased a commercial use licence;
“Event Outside Our Control” shall have the meaning in clause 18.2 below;
“Licensed Content”: means any Content that is ordered by you through our Site and is delivered to you by us along with any software or plug-ins that are required in order to facilitate your viewing of the Content;
“License Terms”: means the Commercial Use Licence Terms or the Personal Use Licence Terms (as applicable);
“Personal Use Licence Terms”: means the rights set out in clause 10.2 and the restrictions in clause 10.3 which together govern your use of the Licensed Content if you have purchased a personal use licence;
“Registered User”: means a person who has registered to use our Site and has been provided with a login name and password to access the Content;
“we” and/or “us”: means IR-Entertainment Limited; a company registered in England and Wales under company number 06821592 and with our registered office at IR-Entertainment Ltd, Third Floor, Kemp House, 160 City Road, London, Greater London, EC1V 2NX;
“you” or “your”: means you, the Registered User, or if you are accepting on behalf of your employer then “you” means that employer;
“your Email Address”: means the email address that you provided to us during the registration process to become a Registered User; and
“Site” means our website which is accessible at www.triplegangers.com.
2. Information about us
2.1 We operate the website www.triplegangers.com/dev. We are IR-Entertainment Limited; a company registered in England and Wales under company number 06821592 and with our registered office at IR-Entertainment Ltd, Third Floor, Kemp House, 160 City Road, London, Greater London, EC1V 2NX, United Kingdom. Our VAT number is GB104012979.
2.2 To contact us, please see our Contact Us page Contact Us.
3.1 The Content displayed on our Site is for illustrative purposes only. Although we have made every effort to display the Content accurately, we cannot guarantee that your computer's display of the Licensed Content accurately reflect the size, dimensions and colour of the Content. Your Licensed Content may vary slightly from the Content displayed on the Site.
4. Use of our site
5. How we use your personal information
6. If you are a consumer
This clause 6 only applies if you are a consumer.
6.1 If you are a consumer, you may only access or use our Site or licence Content from our Site if you are at least 18 years old. We are not allowed by law to supply any Content to you if you do not satisfy this age requirement or the age requirement in the jurisdiction from you are accessing our Site. If you are underage, please do not access or use our Site or attempt to order any Content through our Site.
6.2 By accessing or using our Site or attempting to licence any Content through our Site you certify that you are at least 18 years old and in any event at least the age of consent in the jurisdiction from which you are accessing or viewing our Site.
7. If you are a business customer
This clause 7 only applies if you are a business.
7.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to licence the Content.
8. How the contract is formed between you and us
8.1 For the steps you need to take to place on order for any Content on our Site, please see our How To Purchase page.
8.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
8.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 8.4.
8.4 We will confirm our acceptance to you by sending you an e-mail to your Email Address that will include the Licensed Content (as an attachment) that you have ordered (the “Delivery Confirmation”). The Contract between us will only be formed when we send you the Delivery Confirmation, which will be email@example.com immediately after purchase. You will then have instant access to your purchase.
8.5 If we are unable to supply you with any Content because that Content is no longer available, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Content, we will refund you the full amount as soon as possible.
9. Licensing of Content
9.1 We are the exclusive owners of the copyright and/or authorised licensor of the copyright in all the Content available to be ordered on our Site. That means that in order to download any Content from our Site you need to enter into a Contract with us.
9.2 When you order and pay for any Content you are not purchasing the Content. If you have purchased a personal licence then you are acquiring a non-exclusive licence to use that Content in accordance with the Personal Use Licence Terms. If you have purchased a commercial licence then you are acquiring a non-exclusive licence to use that Content in accordance with the Commercial Use Licence Terms.
9.3 You must not therefore use any Licensed Content supplied by us other than in strict accordance with the applicable License Terms. If you do use any Licensed Content supplied by us other than in strict compliance with the applicable License Terms you will be in breach of the Contract and, without affecting or limiting any other right or remedy available to us, that will result in the immediate and automatic termination of the Contract. You may also be committing any infringement of copyright.
9.4 No ownership, copyright or any rights (other than those set out in the applicable License Terms) in any Licensed Content shall pass to you.
10. Licensed Terms
10.1 Commercial Use Licence Terms
If you are a business customer and you have acquired a commercial use licence you may incorporate any of the Licensed Content into any commercial project such as a showreel, demo, video or game. You may also sell, licence or distribute any commercial project, showreel, demo, video or game that incorporates any Licensed Content provided that the Licensed Content cannot be extracted.
10.2 Personal Use Licence Terms
If you are a consumer and you have acquired a personal use licence then you may use the Licensed Content for your own non-commercial personal use and incorporate any of the Licensed Content into personal projects such as showreels, demos, or video.
10.3 Restrictions that apply to your use of the Licensed Content
You may not without our prior written consent:
(a) re-sell (or authorise a third party to re-sell) any of the Licensed Content;
(b) incorporate any Licensed Content into a logo, corporate ID, trademark or service mark;
(c) use any of the Licensed Content for any pornographic, defamatory or otherwise unlawful use or in conjunction with any pornographic, defamatory or otherwise unlawful material; or
(d) make any of the Licensed Content available in a manner that allows or permits a third party to download, extract, redistribute or access any of the Licensed Content as a standalone file.
11. Our right to vary these terms
11.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements;
(c) changes in the Content or products that we offer;
(d) changes in the market conditions affecting our business; and
(e) changes in our system’s capabilities.
11.2 Every time you order Content from us, the Terms in force at that time will apply to the Contract between you and us.
11.3 Whenever we revise these Terms in accordance with this clause 11, we will keep you informed and give you notice of this by stating that these Terms have been amended.
12. Your consumer right of return and refund
This clause 12 only applies if you are a consumer.
12.1 If you are a consumer, you have a right to withdraw from your transaction without any charge or receive a full refund (where applicable) and without providing any reason until such time as the Delivery Confirmation is received. You do not have the right to withdraw from a transaction once the Delivery Confirmation has been received at which point your transaction is final. Our service commences as soon as you receive the Delivery Confirmation, which is when the Contract between us is formed and you receive the Licensed Content, and you will not have a right to cancel the Contract unless you have received any Licensed Content of an unacceptable poor quality. If this happens you must tell us as soon as possible by emailing us at firstname.lastname@example.org. If the poor quality of any Licensed Content is caused by us and cannot be resolved, a refund may be made.
12.2 If any Content becomes unavailable following an order but before the Delivery Confirmation is received, your only remedy will be a refund of the price paid for the unavailable Content. If technical problems prevent or unreasonably delay delivery of your selected Content, your exclusive and sole remedy is either a replacement or refund of the price paid, as we determine.
12.3 To withdraw from a transaction or to cancel a Contract, please contact us in writing to tell us by sending an e-mail to email@example.com to tell us. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice e-mail, then your cancellation is effective from the date you sent us the e-mail to us.
12.4 We will process any refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 12.3.
12.5 You shall be refunded on the credit card or debit card used by you to pay.
13.1 Your order will be fulfilled by emailing the Licensed Content to your Email Address, unless there is an Event Outside Our Control. If an Event Outside Our Control occurs then we will notify you by email.
13.2 Delivery will be completed when we deliver the Licensed Content to your Email Address.
14. Price of Content
14.1 The prices for the supply of the Content will be as quoted on our Site from time to time. The price will vary depending on whether you have purchased a personal use licence or a commercial use licence.
14.2 Prices for our Content may change from time to time, but changes will not affect any order which we have confirmed with a Delivery Confirmation.
14.3 The price of the Content includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Licensed Content in full before the change in VAT takes effect.
15. How to pay
15.1 We yse PayPal and CCBill as our payment gateway for all transactions. You will therefore need to create an account with [insert] in order to pay us online to use any Licensed Content supplied by us. Your relationship with PayPal and CCBill will exclusively govern all matters related to the service it provides to you including, but not limited to, the protection of your personal data and credit card information. We hereby disclaim any liability or responsibility for the provision of such service and any matters arising in relation thereto.
15.2 When paying via PayPal and CCBill, you will receive an email transaction confirmation after payment. If you require a separate VAT receipt you will need to request it from us at firstname.lastname@example.org when you place your order. We will not issue VAT or other receipts for online payments unless specifically requested by you.
15.3 As we are a UK organisation, all fees charged and shown on our Site are payable in Pounds Sterling. If you are placing an order from overseas, your card issuer may convert the charge into your local currency.
16. Our liability if you are a business
This clause 16 only applies if you are a business customer.
16.1 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) defective products under the Consumer Protection Act 1987; or
(e) any liability the limitation or exclusion of which is prohibited under English law.
16.2 Subject to clause 16.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
16.3 Subject to clause 16.1 and 16.2 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price you paid for the relevant Licensed Content.
16.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Licensed Content. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Licensed Content are suitable for your purposes.
17. Our liability if you are a consumer
This clause 17 only applies if you are a consumer.
17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
17.2 We only supply the Licensed Content for private and non-commercial use. You agree not to use the Licensed Content (or any part) for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms and conditions implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms and conditions implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
(e) any breach of the terms and conditions implied by sections 2, 3, 4, or 5 of the Supply of Goods and Services Act 1982;
(f) defective products under the Consumer Protection Act 1987; or
(g) any liability the limitation or exclusion of which is prohibited under English law.
18. Events outside our control
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will send you an email to your Email Address as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of any Licensed Content to you, we will deliver the Licensed Content to you once the Event Outside Our Control is over.
19. Communications between us
19.1 When we refer, in these Terms, to "in writing", this will include e-mail.
19.2 If you are a consumer and you wish to contact us in writing for any other reason, you can send this to us by e-mail to email@example.com.
19.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you have provided to us.
19.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter.
19.5 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
20. Other important terms
20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
20.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Content through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
20.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
20.8 We will file or store a copy of the Contract between us. Please ensure that you do so as well.