InGAME, University of Abertay, Dundee
These Terms and Conditions (“Conditions”) form a legal Agreement between you and InGAME (defined below).
These Conditions together with our Privacy Policy (defined below) apply to the use of the Website (defined below) and/or making a Purchase (defined below) and also provide outline terms for submitting an InGAME Innovation Voucher Application Form (defined below) or an Enquiry Form (defined below) and we expect you to read through them carefully. If you do not agree to these Conditions, you may not use the Website, submit an InGAME Innovation Voucher Application Form or submit an Enquiry Form.
1. Definitions
1.1 In these Conditions, the following words shall have the meaning set opposite:-
“ABERTAY”, “INGAME”, “US”, “WE” OR “OUR”;
MEANS THE UNIVERSITY COURT OF THE UNIVERSITY OF ABERTAY DUNDEE, A CHARITY REGISTERED IN SCOTLAND (REGISTERED NUMBER: SC016040) AND HAVING ITS MAIN OFFICE AT KYDD BUILDING, BELL STREET, DUNDEE;
“Enquiry Form”
means the form on the Website for use to contact the InGAME team
“Innovation Voucher Form”
means the application form that is available on the Website to register your interest in participating in the InGAME Innovation Voucher scheme
“Intellectual Property”
means patents, rights to inventions, copyright and related rights, moral rights, trademarks 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 personal data provided by you to us when submitting an Innovation Voucher Form, Enquiry Form, making a Purchase or otherwise;
“Website”
means the Website located at www.abertay.ac.uk and any subsequent URL which may replace it.
1.2 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 or as contained in any subsequent re-enactment hereof.
1.3 All headings in these Conditions are for ease of reference only and shall not affect the interpretation or construction of the Conditions.
2. Accessing the Website and Your Responsibilities
2.1 We reserve the right to modify or withdraw temporarily or permanently this Website or any part thereof with or without notice to you.
2.2 You must abide by all applicable laws and regulations in connection with your use of the Website.
2.3 You shall ensure that any Personal Information which you are required to submit is true, accurate, correct and complete in all respects.
2.4 You will notify us immediately of any changes to any Personal Information.
2.5 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use when using this Website.
3. Application for InGAME Innovation Vouchers
3.1 To apply for an InGAME Innovation Voucher, you should complete the ‘Application for InGame Innovation Voucher’ (Not currently available).
3.2 For more information, you can download a copy of the Application Information Pack (Not currently available).
3.3 You must read the full terms and conditions applicable to applying for an InGAME Innovation Voucher. Please email [email protected] to receive a copy of these terms and conditions.
3.4 Once we have received your InGAME Innovation Voucher application, we will consider your application and will respond to you in writing confirming whether (i) we would like to pursue your application further (ii) any other conditions attached to the offer and (iii) information as to the full voucher process. For the avoidance of doubt, it is at our discretion whether we offer you a place on the requested course.
3.5 The InGAME Innovation Application process will be managed by Interface UK in agreement with InGAME. For more information on Interface UK’s terms and conditions please visit their website.
4. Enquiry Form
You can contact the InGAME team by completing the Enquiry Form.
5. Personal Information Any and all Personal Information you provide will always be used lawfully and in
accordance with the GDPR and Data Protection Act 2018 and our Privacy Policy
6. The Website
6.1 You must not attempt to gain unauthorised access to the Website or any Records, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial of service attack or distributed denial of service attack.
6.2 We use cookies (small information files sent out automatically by the Website and then stored on your computer) on the Website on a limited basis to improve the performance of particular pages contained on the Website and to help you use the Website. You can choose not to accept cookies but this may prevent certain features from working fully. If cookies are disabled, we cannot guarantee that you will be able to benefit from all the facilities on the Website.
6.3 While we take every reasonable precaution, we cannot guarantee that any material which you download from or access on the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties and we shall have no liability if the same are transmitted during the course of using the Website. You should therefore ensure that you have appropriate protection against viruses and other security arrangements in place whilst using the Internet. You must not misuse the Website by knowingly introducing any viruses, trojan horses or other codes containing contaminating or destructive properties.
7. Intellectual Property and Right to Use the Website
7.1 You acknowledge and agree that all Intellectual Property Rights in the Website and in all material or content supplied as part of the Website shall remain at all times vested in us and/or our licensors. You are permitted to use this Website and the material and content contained therein only as expressly authorised by us.
7.2 You acknowledge and agree that the material and content contained within the Website is made available to you as a user of the Website for your own personal reference purposes, to enable to submit an InGame Innovation Voucher Application Form or Enquiry Form. You may print off or download from the Website for these purposes only. Any other use of the material and content of the Website is strictly prohibited.
7.3 You agree not to assist or facilitate any third party to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and 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 re-utilise parts of the contents of the Website and in particular, you may not utilise any data mining, robots, or similar data gathering and extraction 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.
8. Liability
8.1 Except as otherwise expressly provided, we make no representation or warranty and expressly exclude the same whether express, implied or otherwise insofar as permitted by law.
8.2 We warrant to you that any Goods purchased from us through our Website are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
8.3 The information, material and services provided on the Website are provided on an “as is” and “as available” basis. Although every reasonable effort has been made to ensure that the information and material on our Website was complete and accurate at the time of publication, it is subject to variation at any time without notice and we give no warranty whatsoever that any information or material on the Website will be accurate or complete at any particular time or at all. We shall not be liable for the content of or any omissions from the Website, including any inaccuracies, errors or misstatements in the data available.
8.4 We have not reviewed any of the sites that may be linked to this Website and are not responsible for the content of any linked pages or other sites linked to this Website. We have no responsibility or liability arising from the content of any linked pages or link sites or for any error, defamation, omission, obscenity or inaccuracy contained in any information therein.
8.5 We will not be liable to you for any damage to or loss of data, loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity or for any special, indirect or consequential loss or damage howsoever arising.
8.6 Subject to Clause 8.4 below, our entire and aggregate liability to you in relation to any matters relating directly or indirectly to the Goods and arising under these Conditions or otherwise, including under the laws of negligence or breach of statutory duty, misrepresentation, negligence, act or omission or otherwise, shall be limited to the purchase price of Goods.
8.7 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our representatives, agents or employees.
9. Force Majeure
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract with you that is caused by events outside our reasonable control (“Force Majeure Event”).
9.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:-
9.2.1 strikes, lock-outs or other industrial action;
9.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
9.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
9.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
9.2.5 impossibility of the use of public or private telecommunications networks;
9.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
9.3 Our performance under any contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
10. Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
11. Waiver
No failures to exercise and no delay in exercising on our part of any right or privilege under these Conditions shall operate as a waiver thereof. A waiver by us of any breach of the Conditions shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.
12. Entire Agreement
These Conditions govern our relationship with you and represent the entire understanding of the subject matter. You confirm that in agreeing to accept these Conditions you have not relied on any prior representation or communications.
13. Assignation
These Conditions are personal to the parties and you are not entitled to novate, assign or transfer or otherwise deal in any of its rights and/or obligations under these Conditions or purport to do the same without our prior written consent. We may assign these Conditions at our discretion.
14. Governing Law
These Conditions shall be governed by and construed in accordance with Scots law and the parties hereby submit to the non-exclusive jurisdiction of the Scottish courts.
15. Statutory Rights
These Conditions do not affect your rights under law and for more information on what these rights are we would suggest that you contact your local Citizens & Advice Bureau.
16. Variation
We reserve the right to amend or replace the Conditions at any time. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
17. Customer Service
In the event of a query or complaint about the Website or our service, please contact us by writing to: InGAME, Unit 9, Vision, 20 Greenmarket, Dundee, DD1 1HG or [email protected].
