Terms & Conditions

These terms and conditions, ("Terms and Conditions") form a legal agreement between you and Cobimobi.

1. Definitions

1.1 The following terms shall have the following meanings:-

"Free Trial",	"Free Trial", means access to the Games, which are available for a trial period of 30 minutes before Purchase;
"Games",	means the games, which are made available to you from time to time, via the Website for Free Trial and/or Purchase;
"Intellectual Property Rights",	means patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, trade names, domain names, rights to goodwill, rights in designs, rights in computer software (including source code and object code), database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and similar or equivalent rights which subsist or will subsist now or in the future in any part of the world;
"Personal Information",	means the information provided by you to a payment gateway when you Purchase the Games;
"Price",	means the cost to you inclusive of VAT and other taxes for downloading and purchasing the Game, the amount of which will be displayed on the Website and identified to you prior to the Purchase;
"Purchase",	means payment of the Price, by you to Purchase and download the Game(s);
"Website",	means "www.cobimobi.com" or any subsequent URL which may replace it.

1.2 As used in these Terms and Conditions the singular includes the plural and vice versa; and the masculine includes the feminine and the neuter.

1.3 Reference to any statute, enactment, order, regulation or other similar instrument shall be construed as a reference to the statute, enactment, order, regulation or instrument as amended by any subsequent statute, enactment, order, regulation or instrument or as contained in any subsequent re-enactment thereof.

1.4 All headings included in these Terms and Conditions are for ease of reference only and shall not affect the interpretation or construction of the Agreement.

2. Free Trial

2.1 If you choose to download the Free Trial, and on its expiry you do not wish to purchase the Game(s), your ability to access the Game will terminate.

3. Full Game

3.1 If you choose to Purchase the Games, you will then be directed to our payment provider, where you will provide your payment details. Once the payment provider has processed your payment details, the Games will unlock on to your PC.

3.2 Cobimobi reserves the right, at its reasonable discretion, to refuse access to the Website.

4. Price and Payments Terms

4.1 Payment is processed by Cobimobi's payment provider which is a secure payment gateway. The Price of the Games is payable to enable you to unlock the full version of the Games and a confirmatory email will be sent to you once payment has been received.

4.2 All card transactions are processed through our payment provider. The payment provider currently accepts most major credit and debit cards including Visa, MasterCard, Paypal, American Express, Visa Debit, Switch, Solo, and Delta, however this may change and is at the sole discretion of the payment provider.

4.3 If using a debit or credit card it must be your own and there must be sufficient funds to cover the Price. All credit/debit card purchases are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment you shall not be able to Purchase the Games.

5. Your Responsibilities

You are provided with access to this Website, in accordance with these Terms and Conditions, Privacy Policy and our EULA, and any use of the Website must be made in accordance with the same.

6. Cobimobi's Responsibilities
6.1 Cobimobi will at all times use reasonable skill and care in the provision of the Free Trial and/or Games. Cobimobi accepts no responsibility for the quality of any services supplied by third parties which are incorporated or used by Cobimobi in the provision of the Free Trial/Games.

6.2 Whilst Cobimobi will use all reasonable endeavors to ensure that when providing the Free Trial and/or Games for you, it does not infringe the rights of a third party, including third party intellectual property rights. A warranty is not given in this regard.

7. Data Protection and Privacy Policy

Cobimobi will not collect Personal Information about you. For further information regarding data protection and privacy please refer to our separate "Privacy Policy" which can be accessed via the Website.

8. The Website

8.1 Cobimobi reserves the right to modify or withdraw temporarily or permanently this Website or any part thereof with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website and/or change to these Terms and Conditions from time to time. It is your responsibility to check regularly to determine whether these Terms and Conditions have been changed each time you use the Website.

8.2 While Cobimobi will use its reasonable endeavours to verify the accuracy of any information we place on this Website, this Website is provided on an "as is" basis and "as available" basis without any representation or endorsement made and Cobimobi makes no warranties of any kind whether express or implied in relation to the availability or functionality of the Website.

8.3 Cobimobi has not reviewed any of the sites that may be linked to this Website and is not responsible for the content of any linked pages or other sites linked to this Website. Cobimobi has no responsibility or liability arising from the content of any linked pages or linked sites or for any error, defamation, omission, obscenity or inaccuracy contained in any information therein.

8.4 Both parties shall use reasonable efforts to ensure that when using this Website no viruses, Trojan horses or other codes containing contaminating or destructive properties are transmitted. However, Cobimobi shall have no liability in the event that the same are transmitted during the course of using this Website.

8.5 You acknowledge that software in general is not error or bug free and agree that the existence of such shall not constitute a breach of these Terms and Conditions.

8.6 The materials presented on the Website and in any brochures and sales documents Cobimobi may supply, should not be relied upon and are for information only.

9. Intellectual Property and Right to Use the Website

9.1 You acknowledge and agree that all Intellectual Property Rights in all material or content supplied as part of this Website including all Intellectual Property Rights in any Games or otherwise displayed on the Website shall remain at all times vested in Cobimobi or its licensors. You are permitted to use this Website and the Games only as expressly authorised by Cobimobi in the EULA. For the avoidance of doubt, the copyright and/or any other Intellectual Property Rights contained in any Games and/or the Website is prohibited from being copied or used by you for any purpose whatsoever except as provided in the EULA.

9.2 You agree not to assist or facilitate any third party to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of any material content of the Website. You further agree that you shall not, and shall not assist or facilitate any third party to, systematically extract and/or reutilise parts of the contents of the Website and in particular, you may not utilise any data mining, robots, or similar data gathering and extracting tools to extract (whether once or many times) for re-utilisation any substantial parts of this Website. You may not create and/or publish your own database that features substantial parts of this Website.

10. Exclusion of Warranties

Except as otherwise expressly provided, Cobimobi makes no representations or warranties and expressly excludes the same whether express, implied or otherwise in so far as it is not prevented by legislation from so doing.

11. Limitation of Liability

11.1 You acknowledge and agree to indemnify and hold Cobimobi harmless and that Cobimobi shall not be responsible for any claims, losses or damages, whether direct or indirect, arising out of or relating to the use of the Website and/or the Game by you, unless such claims, losses or damages are due directly to Cobimobi's breach of these Terms and Conditions or negligence.

11.2 Subject to the provisions hereof and except insofar as Cobimobi's liability may not be excluded or limited by law, you acknowledge and agree that Cobimobi's aggregate liability, whether under the Terms and Conditions or otherwise, shall be limited to a sum equivalent to the Price.

11.3 Whilst Cobimobi may provide recommendations to you about third parties who may provide additional or related services, Cobimobi shall not be liable for any loss or damage whatsoever including loss of profits or revenue suffered as a result of any services provided by any third party so recommended, or any loss suffered as a result of such a third party becoming insolvent, going into liquidation or receivership or administration, as the case may be.

11.4 Cobimobi does not hereby exclude any liability for death or personal injury caused by its own negligence.

12. Termination and Cancellation

12.1 By agreeing to these Terms and Conditions, you acknowledge and agree that as the Games will automatically unlock on to your PC immediately after payment is received, that you may not cancel the Purchase of the Games once payment has been received and shall not be entitled to a refund.

12.2 If once payment is received by Cobimobi's payment provider, the Game does not automatically unlock on to your PC, you must notify Cobimobi of this defect within 7 days of payment being received.

12.3 If Cobimobi has been notified in accordance with Clause 12.2, Cobimobi shall within 7 days of being notified, either:

  12.3.1 refund part or all of the Price; or

  12.3.2 correct that part of the Game and allow you to unlock a fully functioning version of the Game.

13. Queries and Complaints

Please address any queries and/or complaints to help@cobimobi.com

14. Force Majeure

Cobimobi shall be under no liability to you in respect of anything which may constitute breach of these Terms and Conditions arising by reason of force majeure, namely, circumstances beyond the control of Cobimobi which shall include, but shall not be limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority, including acts of local government and parliamentary authority; inability to supply the Games, breakdown of equipment, telecommunications failure, labour disputes of whatever nature and for whatever cause arising, including, but without prejudice to the generality of the foregoing, work to rule, overtime bars, strikes and lockouts.

15. Waiver

Failure or neglect by Cobimobi to enforce at any time any of the provisions hereof shall not be construed, nor shall be deemed to be a waiver of Cobimobi's rights hereunder, nor in any way affect the validity of the whole or any part of these Terms and Conditions nor prejudice Cobimobi's rights to take subsequent action.

16. Severability

In the event that any of these terms, conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall, to that extent, be severed from the remaining terms, conditions or provisions which shall continue to be valid to the fullest extent permitted by law.

17. Entire Agreement

These Terms and Conditions and the documents referred to in it, constitute the entire agreement and understanding between you and Cobimobi and supersedes any previous agreement, arrangement or understanding between the parties hereto relative to the subject matter hereof.

18. Amendment

Cobimobi reserves the right to modify the information, description of the Games, the Terms and Conditions, the Privacy Policy and the EULA at any time, effective upon posting of an updated version of the description of the Games, Terms and Conditions, Privacy Policy and/or EULA on the Website.

19. Notices

Unless otherwise stated in these Terms and Conditions, any notices required to be given under these Terms and Conditions by either party to the other shall be in writing and shall be served by sending the same by email to you.

20. General

20.1 These Terms and Conditions and any document referred to in it, shall be binding upon you and you shall not be entitled to novate, assign or otherwise transfer your rights and/or obligations hereunder or under any documents referred to in this Agreement. Cobimobi reserves the right to novate, assign or transfer its rights and/or obligations hereunder to a third party at any time, without reference to you.

20.2 If there is a conflict between these Terms and Conditions and any provision in any supplemental agreement or policy, the provisions of these Terms and Conditions will prevail, unless that supplemental agreement or policy expressly provides to the contrary.

20.3 Nothing in the Terms and Conditions is evidence of a joint venture or partnership. Neither party shall give any undertaking on behalf of the other.

21. Statutory Rights

These Terms and Conditions do not affect your rights under the law.

22. Governing Law and Jurisdiction

These Terms and Conditions shall be construed in accordance with and governed by the laws of Scotland and both parties hereby agree, to submit to the exclusive jurisdiction of the Scottish courts, in all matters pertaining hereto without reference to its conflict of law rules or principles.