These Terms and Conditions of Sale govern your purchases of products and services from Outsmart 2005 Ltd on SmallWorlds.com (“site”) (however accessed and/or used, whether via personal computers, mobile devices (i.e., purchases via SMS) or otherwise). Every time you make a purchase on our site, you acknowledge and accept these Terms and Conditions of Sale. Every order you place through Outsmart or through our vendors will be deemed your offer to purchase. We may accept your offer either through an e-mail confirmation or through provision of the products you ordered. Our acceptance of each offer as specified is expressly subject to and conditioned on your acceptance of these (and only these) Terms and Conditions of Sale.
SmallWorlds Gold and VIP Club Membership Subscription Fees
Purchases of SmallWorlds Gold or VIP Club subscriptions are purchases of a limited, non-transferable, revocable license. The license may be terminated immediately if your account is terminated for any reason, in SmallWorlds sole and absolute discretion, or if SmallWorlds discontinues providing the services on the site. SmallWorlds Gold and VIP Club Membership subscriptions and any other items sold on the site have no monetary value, are non-refundable and cannot be used to purchase or use products or services other than in-game play offered by SmallWorlds. Where SmallWorlds Gold and VIP Club Membership subscriptions are purchased via mobile services, the SmallWorlds Gold and VIP Club Membership subscriptions are not redeemable for content or services offered by the carrier. You have no property interest in SmallWorlds Gold, VIP Club Membership subscriptions, your avatars, your virtual items, which remain the exclusive property of SmallWorlds subject only to your limited, non-transferable revocable license to use such for in-game play subject to our Terms of Service and Terms of Sale. Any attempt to sell or transfer same will result in an automatic termination of such license. Further, as these are merely licensed game play activities, they are deemed consumed upon purchase in the same way as putting a coin into an arcade game machine and terminate upon any termination of your account. You agree that by purchasing a recurring VIP Club Membership subscription, you authorize Outsmart 2005 Ltd to charge applicable recurring subscription fees to your designated billing payment method. Billing occurs on a monthly cycle, which begins upon the day of subscription service registration and ends one month thereafter (each a “Subscription Month”). For example, if you subscribe on the 12th of October, your next Subscription Month begins on the 12th of November. The fee for each Subscription Month is charged on the 1st day of the Subscription Month or within a reasonable time thereafter. If you elect to purchase VIP Club Membership for a fixed term e.g. a six (6)-month membership you agree that Outsmart 2005 Ltd will charge your designated billing payment method the entire purchase amount upon completing the transaction, no recurring fees will be charged. You (together with your legal guardian if you are under eighteen (18) years of age) are solely responsible for setting up payments limits and otherwise configuring the account settings of the billing payment method associated with the VIP Club Membership subscription or SmallWorlds Gold purchase. You represent and warrant to Outsmart that you are authorized to use the billing payment method (including, without limitation, all accounts, credit cards and such associated therewith) for the purposes of purchasing VIP Club Membership or SmallWorlds Gold as described herein.
Cancellation and Refunds
You can cancel your monthly VIP Club Membership subscription in your SmallWorlds Account area. If you cancel your monthly subscription, Outsmart will not refund any remaining portion of your VIP Club Membership subscription fees. Cancellation will take effect at the end of the subscription month during which you cancel the subscription. If you have agreed on a fixed term for your VIP Club Membership subscription, you further agree that the subscription will not be cancelled prior to the expiry of the agreed fixed term. All SmallWorlds Gold and VIP Club Membership prepaid and monthly subscriptions are non-refundable, except, in our sole and absolute discretion or as required by applicable law.
Prices and Tax
All prices shown on this Site are subject to change without notice. Prices stated in the confirmation page of the order process apply to your order. Applicable taxes are not included in the product prices, but all such charges will be added to your invoice and will be visible during the purchasing process, before you complete your transaction. We will collect sales tax in the states and countries we are required by law to do so. Thus we may require you to tell us your state or country of residency when ordering. Applicable sales tax will be added to your purchase.
Credit Card Security
Limitation of Liability
We shall not be in default if delivery of SmallWorlds products is delayed or rendered impossible by forces of nature, war, civil commotion, governmental action, terrorism, fire, storm, flood, explosion, strikes, walkouts, other industrial disturbances, utility, services, network or transportation interruptions, server crashes, hackers, viruses, technical glitches or any other cause beyond our reasonable control. We may revise or modify products, product information or pricing without notice. We are not responsible for spelling mistakes, fax or printing errors. These Terms and Conditions of Sale will be governed and interpreted pursuant to the laws of the New Zealand, for contracts to be executed and fully performed therein and notwithstanding any principles of conflicts of law. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. You specifically consent to personal jurisdiction in the New Zealand in connection with any dispute between you and Outsmart arising out of these Terms and Conditions of Sale or pertaining to the subject matter hereof. The parties to these Terms and Conditions of Sale each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions of Sale or pertaining to the subject matter thereof will be in the courts in New Zealand. YOU IRREVOCABLY WAIVE ALL RIGHTS TO BRING OR PARTICIPATE IN ANY CLASS ACTION SUITS OR CLAIMS REGARDING THE MATTERS RELATED HERETO AND CONSENT TO THE MANDATORY ARBITRATION PROVISIONS IN THE Terms of Service. If any part of these Terms and Conditions of Sale is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Sale constitute the entire agreement among the parties relating to this subject matter. To the extent a purchase order, confirmation letter, or other communication is inconsistent with these Terms and Conditions of Sale, these Terms and Conditions of Sale will govern, unless expressly agreed in writing otherwise by an executive officer of Outsmart 2005 Ltd (i.e., regular employees cannot bind Outsmart 2005 Ltd).