MCharge Ltd name is registered. MCharge Ltd, registered in Ireland. Company no. 492920. Registered Office 8 Clarinda Park North, Dun Laoghaire, Co. Dublin, A96 XH21. © 2016 MCharge Ltd
hmvgamecredit.com WEB SITE (THE "SITE") AND ALL MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND ALL USE IS AT YOUR OWN RISK. MCHARGE LIMITED ("MCharge") DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF MCHARGE, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS SITE AND ANY MATERIALS IN THIS SITE, INCLUDING, BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT MCHARGE DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS SITE, ANY MATERIALS IN THIS SITE, OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
In no event will MCharge be liable, whether in contract, warranty, tort (including negligence (whether active, passive or imputed), product liability, strict liability or other theory, to you or ANY other person for any damages (including, without limitation, any indirect, incidental, special or consequential damages) arising out OR IN CONNECTION WITH of ANY use of, inability to use or results of use of this site or any materials IN this site, even if MCharge or its representative has been advised of the possibility of Such damages.
Use of the Site
You may only use this Site and any materials found in this Site (including, but not limited to, any images, logos, designs, insignia, marks, pictures, sounds, text, messages, tools, software, technology, products, files, information, data, demos, promotional materials, audio-visual and multimedia works and any other items or expressions) (collectively, "Materials") in accordance with the terms and conditions of this Agreement, and you agree to comply with said terms and conditions at all times. Without limiting the foregoing, you may not copy, republish, upload, download, post, transmit or distribute any Materials except as specifically provided herein.
Age Restrictions - Any use or access by anyone under the age of 18 is prohibited.
Usage restrictions - Automatic security metrics are in place to protect honest buyers against fraud and reduce the impact of unauthorised mobile users making purchases through this service. The use of multiple mobile numbers, email addresses and IP addresses is considered to be the behaviour of “bad” users. Our automated security will block the release of any codes that are purchased using these cross metrics but the funds will still be deducted. If a reasonable explanation for using cross metrics is not provided by the customer then no code will be sent and no refund will be issued due to a breach of our usage restrictions. MCharge reserves the right to ban suspect sources from using the service if the usage pattern raises suspicion of fraudulent activity.
Daily and monthly restictions - Several mobile operators have implemented specific daily and monthly limits controlling the amount spent with any unique mobile. MCharge reserves the right to implement additional limits and set specific daily and monthly limits necessary to enforce the usage restrictions.
Subject to the terms and conditions of this Agreement, (and subject to your payment of the applicable license fees), MCharge grants you a non-exclusive, non-transferable license, for the duration of your next session of using the Site, to: (i) download to one (1) computer, solely for your personal use, one (1) copy of any Materials available on this Site; and (ii) upload materials to designated areas of this Site.
Products will normally be delivered immediately after payment. However, MCharge reserves the right to deliver the product a Maximum Delivery Time (MDT) of 72 hours, during support hours/during business hours, after payment confirmation is received.
The reasons supporting this are:
(i) delays in communication with mobile operators and payment partners not under this service’s control, after the message was delivered to their network
(ii) mobile coverage only related with the client mobile location not under this service’s control
(iii) temporary security measures
MCharge is not liable for mobile coverage issues as stated in (ii) where a text message carrying the product code takes more than the MDT to reach the handset.
Right to Cancel
Users can cancel any purchase before being charged by simply not entering the verification code received via SMS into the web browser. No money is charged until this verification code is entered.
In cases where purchase is initiated by text-in keyword, the purchase is in real time. So once the keyword is sent the code is delivered and the phone charged instantly.
MCharge reserves all rights in and to the Materials not expressly granted above. Without limiting the foregoing, you may not: (i) use or transmit any Materials on or to any other Web site or network; (ii) modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any Materials; (iii) reproduce any Materials other than as specified above; (iv) distribute, license, rent, sell, lease or otherwise transfer any Materials; or (v) remove, obscure or alter any notice of copyright or other proprietary notices present on or in any Materials.
You represent, warrant and covenant that: (i) you will comply with all applicable laws, regulations and orders of any governmental authority in your use of this Site and the Materials (including, without limitation, all export control laws, regulations, and orders); (ii) you are not located in, under the control of, or a national or resident of any country to which export of any Materials is prohibited by Republic of Ireland law, regulation or order; and (iii) you will not upload or otherwise transmit to this Site any software or other materials that: (a) contain any viruses or other harmful code; (b) violate, misappropriate or infringe any patent, copyright, trademark, trade name, trade dress, trade secret, right of publicity, right of privacy, moral right, right of attribution or integrity or any other intellectual property right or proprietary right (collectively, "Proprietary Rights") of any person or entity; or (c) contain any material that is libellous, defamatory or portrays any person in a false light.
All right, title and interest in and to this Site, the Materials and all associated Proprietary Rights is owned by MCharge or its licensors, and no ownership of any of the foregoing items is transferred to you by virtue of this Agreement or MCharge permitting you to use the Site.
MCharge welcomes your comments, feedback and input regarding MCharge products through this Site. However, MCharge does not accept or consider any material for use in any of its products (including, but not limited to, demos, sketches, drawings, notes, stories, and game or character ideas), that has not been specifically requested by MCharge. Accordingly, MCharge asks you not to send us any such materials. If you ignore this request, any such materials, comments, suggestions or other information submitted by you to MCharge will become the property of MCharge, with MCharge exclusively owning all known and hereafter existing rights to such materials, and you acknowledge and agree not to contest MCharge rights to use and disclose such materials in any manner and for any purpose, commercial or otherwise, without compensation to you.
Competition and Prize Draw Competitions
Competition details form part of these terms and conditions
Entry is open to residents of the Republic of Ireland and United Kingdom except employees (and their families) of Global Game Credit Limited, its agents, the suppliers of the prizes and any other companies associated with the competitions.
Entrants must be aged 18 or over.
Proof of identity and age may be required depending on the prize.
Use of a false name or address will result in disqualification.
All entries must be made directly by the person entering the competition.
Entries made online using methods generated by a script, macro or the use of automated devices will be void.
No responsibility can be accepted for entries lost, delayed or corrupted, or due to computer error in transit.
The prizes are as stated, are not transferable to another individual and no cash or other alternatives will be offered.
The winner(s) is(are) responsible for expenses and arrangements not specifically included in the prizes, including any necessary travel documents, passports and visas. Prizes are subject to availability and the prize suppliers' terms and conditions.
The promoters reserve the right to amend or alter the terms of competitions and reject entries from entrants not entering into the spirit of the competition.
In the event of a prize being unavailable, the promoter reserves the right to offer an alternative prize of equal or greater value.
The winner(s) agree(s) to the use of their name, photograph and disclosure of county of residence and will co-operate with any other reasonable requests by Global Game Credit Limited to any post-winning publicity.
By entering this competition, you agree that from time to time, Global Game Credit Limited may contact you about additional competitions and promotional offers.
Unless stated otherwise the winner(s) will be drawn at random from all correct entries received by the closing date stated within the promotional material.
Reasonable efforts will be made to contact the winner(s). If the winner(s) cannot be contacted, or are unable to comply with these terms and conditions, the Promoter reserves the right to offer the prize to the next eligible entrant drawn at random, or in the event that the promotion is being judged the Promoter reserves the right to offer the prize to the runner(s)-up selected by the same judges.
Confirmation of the prize will also be made in writing to the winner(s).
Failure to respond and/or provide an address for delivery, or failure to meet the eligibility requirements may result in forfeiture of the prize.
Where applicable, the decision of the judges is final based on the criteria set out in the promotion and no correspondence will be entered into over this decision. Competitions may be modified or withdrawn at any time.
The provider of the prize is specified within the promotional material.
The Promoter is Global Game Credit limited. Registered Office: 3rd Floor, Crescent Hall, Mount Street Crescent, Dublin 2, Rep. of Ireland.
In the event of a discrepancy between these standard terms and conditions and the details in the promotional material (or any other terms and conditions provided/referred to at the time of entry), the details of the promotional material (and any other terms and conditions provided/referred to at the time of entry) shall prevail.
A list of winners will be available on hmvgamecredit.com site no later than six weeks (unless otherwise stated) after the close of the competition. Only the surname and county / country of the winners will be disclosed.
No failure or forbearance on MCharge part to exercise its rights or insist upon performance of your obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect.
If any provision of this agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this Agreement, or, if such amendment is impossible, severed from this agreement. No amendment or severing of any provision of this Agreement shall affect the validity or enforceability of any remaining provisions.
This agreement shall be governed by and construed in accordance with the laws of the Republic of Ireland, without reference to its choice of law rules. The provisions of the U.N. Conventions on Contracts for the International Sale of Goods shall not apply. You hereby submit to the exclusive jurisdiction of the federal and state courts located at Dublin, Republic of Ireland with respect to any claim or suit arising out of or in connection with this Agreement, this Site or any Materials, and agree not to commence or prosecute any such claim or suit except in the aforementioned courts.
This Agreement constitutes the entire agreement between you and MCharge relating to the subject matter hereof and may not be modified except in a writing signed by MCharge.
MCharge reserve the right to alter theses terms and conditions without notification.
You can contact hmvgamecredit.com support at http://www.hmvgamecredit.com/GB/Home/Support.