Our terms

1. These Terms

1.1 What these terms cover. These are the terms and conditions on which we supply digital content to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide digital content to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information About Us and How to Contact Us

2.1 Who we are. We are Keysouq, a company registered in United States.

2.2 How to contact us. You can contact us by writing to support@keysouq.com

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our Contract With You

3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order which we must decide in our reasonable discretion, we will inform you of this and will not charge you for the digital content. This might be for a variety of reasons including (but without limitation) because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the digital content.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 We only sell to the US. Our website is solely for the promotion of our products in the US. Unfortunately, we do not accept orders from addresses outside the US.

4. Our Products

4.1 We supply computer or console games which are digitally available and may be purchased from our website. When you purchase digital content from us, we will provide you with a code by email which you can use to download the digital content you have purchased to your device (“Download Code”).

4.2 You will not own digital content you may access using a Download Code we have supplied to you. Such digital content will be provided to you on the basis that you will be licensed and permitted to use this by the owner of the Download Code and such digital content (“Licensor”). By purchasing from us, you agree to run the digital content provided to you in a way which complies both with this contract and all and any terms and conditions contained in the license, which the Licensor grants to you. As set out in clause 4.5, you agree to indemnify us for any failure on your part to comply with the Licensor’s terms and conditions.

4.3 Therefore, you must not unless the Licensor permits:

4.3.1 copy any digital content otherwise than as permitted in clause 4.2;

4.3.2 sell or transfer to any third party any Download Code, digital content or any license granted you by the Licensor;

4.3.3 make any attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of any part of that digital content (save that this will not apply to the extent that the law mandatorily permits you to do so);

4.3.4 use the digital content for any business purpose or permit any third party to use the digital content in consideration of any form of payment or reward; or

4.3.5 make any use of the digital content we provide in or as part of any public performance.

4.4 It is confirmed and you agree and acknowledge that the only right you will have to the digital content the rights to which you are purchasing will be limited to that set out in clauses 4.1 to 4.3 inclusive and the terms of any license granted to you by and/or the terms and conditions of the Licensor. You will not acquire any further rights of any kind (and, therefore, will not have any additional intellectual property rights) in the digital content we provide.

4.5 You will indemnify us and keep us indemnified that is to say you will reimburse and pay to us in full all and any costs, or losses of any kind that we incur or sustain as a result of your committing any breach of or doing anything which is contrary to your obligations as set out in this clause 4.. That obligation to indemnify and reimburse will include (without limiting the general scope of this clause 4.5) paying to us the costs of any court and other legal proceedings and all related legal and other costs as well as reimbursing all damages for which we become liable at any time.

4.6 Digital content may vary from their pictures. The images of the digital content on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the digital content. Your digital content may vary from those images though we use our reasonable endeavours to minimise any such variations.

5. Changes to the Digital Content

As you will appreciate, we are resellers of digital content. The deliverable we provide to you is the Download Code. By delivering the Download Code to you we provide you with the right to obtain the relevant digital content from the relevant Licensor using such website or other means as the Licensor may stipulate. The Licensor may make changes to digital content either before or after this has been delivered to you but we have no control over and will not necessarily know about any such changes that the Licensor may make to the digital content so we are unable to notify you of them.

6. Providing the Digital Content

6.1 When we will provide the Download Code. We will make the Download Code available for download by you as soon as practicable after we accept your order and you have made payment for this.

6.2 We are not responsible for delays outside our reasonable control. If our supply of any Download Code you have purchased or your ability to access the digital content for which such Download Code was intended is delayed by an event outside our reasonable control then we will contact you as soon as possible after becoming aware of the issue to let you know and we will make reasonable efforts to minimise the effect of the delay. Provided we do this we will not be liable for delays caused such an event. However, if it seems likely that the delay will be greater than 4 weeks, you may contact us to end the contract and receive a refund for any digital content you have paid for but not received.

6.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply digital content to you, for example, your email address and contact number. If so, this will have been stated in the description of the digital content on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may not be able to supply the digital content to you and we may therefore end the contract (and clause 9.2 will apply). We will not be responsible for supplying the digital content late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7. Your Rights to End the Contract

7.1 You can always end your contract with us. However, the basis on which you may do so will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

7.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get some or all of your money back), see clause 10.;

7.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;

7.1.3 If you have just changed your mind about the digital content, see clause 7.3. Please note that as you are purchasing digital content from us, once you have started to download the digital content using the Download Code provided to you, you acknowledge that your right to change your mind has been lost.

7.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.6.

7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at any of clauses 7.2.1 to 7.2.6 below, the contract will end immediately and we will refund you in full for any digital content which has not been provided. The reasons are:

7.2.1 we have told you about an upcoming change to these terms which you do not agree to;

7.2.2 we have told you about an error in the price or description of the digital content you have ordered and you do not wish to proceed;

7.2.3 the Licensor is making an upcoming change to the digital content;

7.2.4 there is a risk that supply of the digital content may be significantly delayed because of events outside our control;

7.2.5 we have suspended supply of the digital content for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 28 days; or

7.2.6 you have a legal right to end the contract because of something we have done wrong.

7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most types of products bought online you have a legal right to change your mind within 14 days and receive a refund. However, this does not apply to digital content after you have started to download or stream them. By purchasing from us, you acknowledge that once the download begins your right to change your mind has been lost.

7.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of digital content (e.g. any games supplied to you) after you have started to download or stream these.

7.5 How long do I have to change my mind? If you have the right to change your mind as mentioned in clause 7.3, then that right continues until the earlier of (i) the date on which you start downloading or streaming the digital content you have purchased; and (ii) 14 days after the date on which we email you to confirm we accept your order. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for digital content is completed when the digital content is delivered, downloaded or streamed and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for digital content not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

7.7 Consequences of terminating the contract. If the contract terminates, then irrespective of the reason that has occurred, you must immediately stop using any digital content you have received from us and delete this from all devices including computers, hard drives and all memory forms within your possession or control and must if requested by us confirm that you have done so. Failure to do this would be an infringement of our copyright and other intellectual property rights may result in your being liable to claims for damages and other legal remedies brought by us.

8. How to End the Contract With Us (including If You Have Changed Your Mind)

8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

8.1.1 Email. Email us at support@keysouq.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

8.1.2 By post. Write to us at our registered office address, including details of what you bought, when you ordered or received it and your name and address.

8.2 How we will refund you. We will refund you the price you paid for the digital content including delivery costs, by the method you used for payment.

8.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you have not started the download of digital content and are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

9. Our Rights to End the Contract

9.1 We may end the contract if you break it. We may end the contract for digital content at any time by writing to you if:

9.1.1 you do not make any payment to us when it is due; or

9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the digital content, for example, the email address to provide the Download Code to.

9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for digital content we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10. If There Is a Problem With the Digital Content

10.1 How to tell us about problems. If you have any questions or complaints about the digital content, please contact us. You can contact our customer service team by writing to us at support@keysouq.com

10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the digital content. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.us or call 03454 04 05 06.

As the product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

If your digital content is faulty, you're entitled to a repair or a replacement.

If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.

See also clause 7.3.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

11. Price and Payment

11.1 Where to find the price for the digital content. The price of the digital content (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the digital content advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the digital content you order.

11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the digital content, we will adjust the rate of VAT that you pay, unless you have already paid for the digital content in full before the change in the rate of VAT takes effect.

11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the digital content we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the digital content's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the digital content's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

11.4 When you must pay and how you must pay. We accept payment via the means set out on our website. You must pay for the digital content before you download it.

11.5 What to do if you think you have been charged the wrong amount. If you think we have charged you the wrong amount, please contact us promptly to let us know.

12. Our Responsibility for Loss or Damage Suffered By You

12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.

12.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

12.4 We are not liable for business losses. We only supply the digital content for domestic and private use. If you use the digital content for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. How We May Use Your Personal Information

How we may use your personal information. We will only use your personal information as set out in our https://keysouq.com/privacy-policy

14. Other Important Terms

14.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

14.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

14.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.4 If a court finds part of this contract illegal, the rest will continue in force. 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.

14.5 Even if we delay in enforcing this contract, we can still enforce it later. 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. For example, if you miss a payment and we do not chase you but we continue to provide the digital content, we can still require you to make the payment at a later date.

14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the digital content in the English courts. If you live in Scotland you can bring legal proceedings in respect of the digital content in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the digital content in either the Northern Irish or the English courts. Either of us may bring proceedings to seek an injunction or other emergency relief against the other at any time and nothing in the contract will preclude us from doing so. Although for other purposes the jurisdiction is with the English Courts claims for injunctive or emergency relief may be brought in any other jurisdiction as the party bringing the claim considers appropriate.

14.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. Please contact us for further details. You can submit a complaint to the alternative dispute resolution provider we use. The alternative dispute resolution provider won’t charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the US Commission Online Dispute Resolution platform.