Terms & Conditions
Games & Virtual Items
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We offer our Games to you as standalone applications (or ‘apps’) via mobile and on-line platforms that include Apple Inc’s ‘App Store’ and Google Play. Our Games may offer you the opportunity to earn or purchase virtual currency and/or virtual goods, together with loot boxes and other in-app purchases (together “Virtual Items”) for use within our Games.
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Eligibility
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To play our Games and purchase Virtual Items you promise to Race Cat that:
a) you are legally entitled to own the device you are using to access the Games and play the Games and, if you purchase Virtual Items, you are legally entitled to make such purchases using the payment functionality the Games provide;
b) you are not located in a country that is: (i) subject to a US Government embargo or has been designated by the US Government as a ‘terrorist supporting’ country; and (ii) you are not listed on any US Government list of prohibited or restricted parties;
c) the information you provide to us is true and accurate and you will update such information when necessary;
d) you have not previously been banned or blocked from using any of our Games or any Platform (including Apple’s App Store);
e) if you are downloading or purchasing the app from Apple’s App Store you must have an Apple Account; and
f) you will not:
i. copy, licence, sell, trade, alter, create derivative works or otherwise deal with the Games or any Virtual Items;
ii. use the Games or any Virtual Items for any illegal activities;
iii. use any bot, robot, spider or other automatic crawling device (or any manual process) to monitor or copy any of our Games and their content;
iv. use the Games or any Virtual Items to disseminate any information or materials that are obscene, violent, threatening, libellous, discriminatory or otherwise, in Race Cat's opinion, offensive;
v. use the Games or any Virtual Items to disseminate any information or materials that would infringe, or might infringe, any intellectual property rights, including those of Race Cat.
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Acceptance of Terms
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If you have an account on any Platform (including an Apple Account) and download or stream our Games (as applicable) you are deemed to accept these Terms. You acknowledge that these Terms: (a) apply from the date on which you first download or stream any of our Games: (b) apply to your use of our Games and Virtual Items: and (c) form a legally binding contract between you and Race Cat.
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Apple
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If you download or stream one of our Games from the Apple Store, you acknowledge that your acceptance of these Terms forms a legally binding contract between you and Race Cat; not with Apple. Race Cat is solely responsible to you for each of its Games and their content; not Apple. Apple’s terms and conditions apply to your use of the Games and your purchase of Virtual Items (the “Apple Terms”). If there is any conflict between these Terms and the Apple Terms, the Apple Terms shall prevail.
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Grant of License
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In consideration of your agreement to be bound by these Terms, we grant you a single non-exclusive, non-transferable, revocable licence permitting you to download or stream and play our Games for your personal, non-commercial, entertainment purposes on suitable products and devices. Race Cat owns (or has a licence to use) all intellectual property in its Games (including all copyright in the underlying software code and in the visual artwork and graphics and all trade mark rights in the Games’ titles). By using our Games under licence you acknowledge and agree that you do not acquire any intellectual property in our Games.
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In-Game Chat
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Some of our Games offer an in-game chat function where you can communicate with other players whilst playing the Games. By using the chat function you agree to the provisions of this paragraph 9:
a) whilst our moderators can review messages and will attempt to keep all unsuitable communications off this function, it is impossible for us to review all messages – messages express the views of the persons who sent them and such persons will be held responsible for the content of such messages;
b) we reserve the right to remove, edit, move or close any of your messages for any reason and we reserve the right to cancel or suspend your use of the chat function at any time for any reason; and
c) messages sent using the chat facility are also subject to the following restrictions. Messages shall not:
i. be vulgar, sexual, violent, threatening, harassing, defamatory, hurtful or in any other way objectionable or inappropriate;
ii. promote or discuss any illegal activities;
iii. harass, degrade, intimidate or be hateful towards any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
iv. relate to any commercial services, goods or event nor constitute any form of advertising or solicitation (including any form of spamming);
v. infringe any third parties’ intellectual property rights, including any copyright or trade marks or misuse confidential information – for example by providing quotes from texts, photos or any other music or video files; or
vi. impersonate any other person or entity, misrepresent an association with a business or organisation (including Race Cat and the Platform providers) or otherwise be deceptive or misleading.
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Virtual Items
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Virtual Items can be ‘purchased’ or ‘earned’ in our Games. Race Cat makes available the following Virtual Items:
a) ‘virtual currency’ being in-Game currency (whether in the form of virtual tokens, coins, cash, points, bonuses or otherwise) that can be earnt or purchased to purchase ‘virtual goods’;
b) ‘virtual goods’ being virtual ‘assets’ which can be used by you within a Game to enhance your playing experience and which might include access to motor vehicles with better attributes, particular features, shortcuts, the use of a specific tool or equipment with special powers, enhancement of your Game status or the ability to move up a level or to complete a Game more quickly;
c) ‘loot boxes’ being specified or unspecified items that are given at random to you within a Game via a weighted probability system and which might include items that enhance your Game status or increase your ability to move up a level or to complete a Game more quickly.
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License for Virtual Items
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If you purchase or earn Virtual Items your use of them is subject to the following licence together with any Platform specific terms:
a) Subject to paragraph 17, Virtual Items are not redeemable or refundable. Once you have purchased or earned Virtual Items you will not get the ‘real’ money you paid back as Virtual Items have no monetary value. Any virtual currency balance shown in any Game account or wallet does not constitute a real-world balance or reflect any stored value, but measures the extent of your limited license to use Virtual Items within the Games;
b) Virtual Items are personal to you and non-transferable i.e. only you can use Virtual Items and you cannot permit anyone else to use them whether via your Apple Account or otherwise. You cannot trade them in any way whether by selling them for real money to other players, exchanging them for other items or dealing or disposing of them in any other way.
c) your right to use Virtual Items ends as a result of any Platform provider (including Apple) or any online wallet provider having to suspend or close your account with them pursuant to these Terms or pursuant to any relevant terms of such Platforms or wallets;
d) from time to time Race Cat may offer you Virtual Items which are subject to specific terms. For example: (i) Race Cat may put in place offers to purchase Virtual Items at a discount; (ii) put in place a limited time period in which any Virtual Items may be purchased or earnt, or (iii) put in place specific specified or unspecified conditions relating to when such Virtual Items may be purchased or earnt. Race Cat may also sell access to restricted and sometimes time limited gameplay and challenges including, for example, offering Virtual Items to purchase which allow you to bypass such restrictions, either temporarily or permanently. Thus, in certain instances Virtual Items may only be available for a limited time or subject to specific conditions and you shall comply with and adhere to such conditions accordingly;
e) you are responsible for your use of Virtual Items within the Games and we have no responsibility or liability to you regarding how you use such Virtual Items. For the avoidance of doubt, any winnings from wagering with Virtual Items may not be traded for money or money’s worth;
f) in order to avoid retaining data that is no longer needed and to be able to improve our Games, your licence to use Virtual Items may expire if your account is inactive
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Price
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The price payable by you for Virtual Items (the “Price”) is indicated within the applicable Game at the time you make your purchase. Race Cat reserves the right to change the Price and specifications for any Virtual Items at any time for any reason.
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Availability
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Race Cat reserves the right to limit the amount of Virtual Items you can purchase in a given period. Virtual Items may only be purchased and used by players in jurisdictions where such activities are permitted under applicable law. Virtual Items may only be purchased from Race Cat through the Games or as otherwise expressly authorized. Race Cat reserves the right to refuse any request to purchase Virtual Items for any reason.
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Chargebacks
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Race Cat may cancel a payment and make a chargeback to you, including any transaction fees incurred with payment providers, if it has reason to believe:
(a) any purchase is incomplete; or
(b) any purchase is made, or Race Cat suspects it is made, fraudulently or in an otherwise non-bona fide manner.
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Payment Methods
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Payment methods accepted by Race Cat are as per those payment methods provided by the Platforms within the Games at the point of sale.
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Implied Terms
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The express terms of these Terms are in place of all warranties, representations, conditions, terms, undertakings and obligations which but for these Terms would be implied or incorporated by any collateral agreement, statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
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Warranties In Relation to the Game
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Race Cat provides the Games to you on an ‘as is’ basis. Race Cat does not represent or warrant that access to the Games will be uninterrupted, reliable or fault free. Race Cat does not represent or warrant to you that the Games will be accurate, complete or reliable. While Race Cat shall endeavour to ensure the Games are available to you 24 hours a day, Race Cat will not be liable to you if for any reason any Game is unavailable at any time or for any period.
Access to the Games may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Race Cat's control. Race Cat may also need to modify or maintain the Games, or any part of them (including Virtual Items), at any time. If this need arises, Race Cat may suspend access to the Games or any part of them or stop providing a Game, or any part of a Game, indefinitely. For example, Race Cat may occasionally be required to make edits to Virtual Items or in-Game components in order to correct inaccuracies within a Game (such as statistics relating to a particular vehicle or particular vehicle components). Such edits may result in removal of particular Virtual Items or in-Game components.
We both acknowledge that Platform providers have no obligation whatsoever to provide you with any support or maintenance services in relation to the Games.
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Exclusions of Liability
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Race Cat will not be liable to you (whether in contract, tort or otherwise and whether or not due to its negligence) for:
a) any losses arising out of or in connection with, whether direct, indirect or consequential, the Games or arising out of or in connection with the use of the Games;
b) any technical, factual, textual or typographical inaccuracies, errors or omissions (human or computer-generated) on or relating to the Games or any information provided in relation to the Games;
c) the unavailability of any Game (or any part of them);
d) any misrepresentation on or relating to the Games;
e) any loss of content or data (including any loss of content or data as a result of any unavailability of any Game);
f) loss or damage caused by viruses, bugs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Games or the downloading or uploading of any content via the Games;
g) loss of goodwill, business opportunities, loss of profits or contracts, loss of anticipated savings, wasted management time or office time;
h) any loss incurred as a result of any legal claim or regulatory action arising from the activities of any player using the Games infringing third party intellectual property or breaching applicable law;
i) any statements or conduct by any other player of the Games;
j) any loss that you may incur as a result of someone else using your identity, log-in details, password or account, with or without your knowledge, including if a device used to activate your account is stolen;
k) any other indirect or consequential loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
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Limitation of Liability
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Race Cat's maximum aggregate liability to you in respect of your use of the Games shall be the amount of any fees paid by you to Race Cat during the 3 month period preceding the date on which the act or omission causing the liability arose in respect of that Game.
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Reasonableness of Exclusions and Limitations
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You agree that each of these exclusions and limitations is reasonable having regard to the nature of the Games. Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of our contract with you.
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Termination or Suspension of Your Account
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Race Cat may in its absolute discretion:
a) with immediate effect and for any reason, at any time, terminate or suspend your use of any of the Games, including if your account is inactive;
b) take any steps (for example, technical or legal steps) to terminate or suspend your use of any of the Games if we believe you have failed to comply with any of the provisions of these Terms.
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Severability
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If any provision in these Terms is, in whole or in part, held by a court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable under any enactment or rule of law then that provision or part thereof shall to that extent be deemed not to form part of these Terms and the enforceability and validity of the remainder of these Terms shall not be affected.
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Entire Agreement
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These Terms shall apply between us in respect of the matters described herein to the exclusion of all other terms (including any terms and conditions that you purport to apply). You shall not be entitled to rely on any agreement, understanding or arrangement which is not expressly set forth in these Terms.
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Complaints and Disputes
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Please contact us immediately using our contact details located on this website below if you:
a) have any questions, complaints, claims or concerns about content which appears in our Games, in relation to our Virtual Items or in relation to Race Cat generally; or
b) believe that any act or omission by Race Cat or one of our players is in breach of applicable law.
Race Cat will then consider your concerns and decide whether to take action and whether or not any other player has in Race Cat's opinion, breached any of these Terms. Race Cat will endeavour to inform you of the outcome of any review within a reasonable time of receiving your complaint. Where you have purchased the Games or Virtual Items through an Apple Account, we both acknowledge that Apple has no obligation whatsoever to investigate, settle, defend or discharge any disputes in relation to the intellectual property in the Games.
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Contact Details
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Please contact us by email at contact@racecatgames.com or by post at:
#603-1128 Quebec Street,
Vancouver, BC,
V6A 4E1,
Canada.
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