Terms and Conditions

1.     Introduction


1.1    These terms and conditions shall govern your use of our website.

1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3    If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms and conditions.

1.4    Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

 

2.     Copyright notice


2.1     Copyright ©1974 Rubik’s/ Rubik’s Brand Limited. All Rights Reserved.

2.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

3.     Licence to use website


3.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our website;

(d)    stream audio and video files from our website; and

(e)    use our website services by means of a web browser,

        subject to the other provisions of these terms and conditions.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3    You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

3.6    Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 

4.     Acceptable use


4.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)    access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f)     violate the directives set out in the robots.txt file for our website; or

(g)    use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

 

5.     Products


5.1    The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

5.2    We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

5.3    Prices stated on our website may be stated incorrectly.

5.4    The sale and purchase of products through our website will be subject to terms and conditions of sale, and we will ask you to agree to the terms of that document each time you make a purchase on our website.

 

6.     Registration and accounts


6.1    You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

6.2    You must not allow any other person to use your account to access the website.

6.3    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.4    You must not use any other person's account to access the website, unless you have that person's express permission to do so.

 

7.     User login details


7.1    If you register for an account with our website, you will be asked to choose a user ID and password.

7.2    You must keep your password confidential.

7.3    You must notify us in writing immediately if you become aware of any disclosure of your password.

7.4    You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

 

8.     Cancellation and suspension of account


8.1    We may:

(a)    suspend your account;

(b)    cancel your account; and/or

(c)    edit your account details,

        at any time in our sole discretion without notice or explanation.

8.2    You may cancel your account on our website using your account control panel on the website.

 

9.     Report abuse


9.1    If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

9.2    You can let us know about any such material or activity by email or using our contact form.

 

10.   Limited warranties


10.1  We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date; or

(c)    that the website or any service on the website will remain available.

10.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

10.3  To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

 

11.   Limitations and exclusions of liability


11.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

11.2  The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:

(a)    are subject to Section 11.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

11.3  To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

11.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

11.6  We will not be liable to you in respect of any loss or corruption of any data, database or software.

11.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

11.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

 

12.   Breaches of these terms and conditions


12.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)    block computers using your IP address from accessing our website;

(e)    contact any or all of your internet service providers and request that they block your access to our website;

(f)     commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on our website.

12.2  Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

 

13.   Third party websites


13.1  Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

13.2  We have no control over third party websites and their contents, and subject to Section 11.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

14.   Trade marks


14.1  Rubik® and Rubik’s Cube®, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights. Rubik’s Brand Limited is the exclusive worldwide administrator and licensor of trademarks and copyright in the Rubik’s Cube puzzle and Rubik’s brand and images. Rubik’s Brand Ltd will prosecute unauthorized reproductions of the Rubik’s Cube Puzzle, the Rubik’s brand or any other intellectual property rights identified above. Such reproductions may also be seized and destroyed by customs authorities throughout the world

14.2  The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

 

15.   Variation


15.1  We may revise these terms and conditions from time to time.

15.2  The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

 

16.   Assignment


16.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

16.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

 

17.   Severability


17.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

18.   Third party rights


18.1  A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

18.2  The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

 

19.   Entire agreement


19.1  Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

 

20.   Law and jurisdiction


20.1  These terms and conditions shall be governed by and construed in accordance with English law.

20.2  Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

 

21.   Statutory and regulatory disclosures


21.1 We are registered in England and Wales under registration number 8431416

 

21.2  Our VAT number is 160586014.

 

22.   Our details


22.1  This website is owned and operated by Rubik’s Brand Limited.

22.2  We are registered in England and Wales under registration number 8431416, and our registered office is at 7 Lambton Place, London, W11 2SH

22.3  Our principal place of business is at Rubik’s Brand Limited, 7 Lambton Place, London W11 2SH. United Kingdom

22.4  You can contact us:

(a)    by post, using the postal address given above;

(b)    using our website contact form;

(c)    by telephone, on the contact number published on our website from time to time; or

(d)    by email, using the email address published on our website from time to time.

Terms and conditions of sale

1.     Introduction

 

1.1    These terms and conditions shall govern the sale and purchase of products through our website.

1.2    You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

1.3    This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

 

2.     Interpretation


2.1    In these terms and conditions:

(a)    "we" means Rubik’s Brand Limited; and

(b)    "you" means our customer or prospective customer,

        and "us", "our" and "your" should be construed accordingly.

 

3.     Order process


3.1    The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

3.2    No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3

3.3    To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you can then create an account with us and log in; if you are an existing customer, you can enter your login details (Alternatively, you can carry on to the next step of the purchase process without using or creating an account). Then, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

 

4.     Products


4.1    We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

 

5.     Prices


5.1    Our prices are quoted on our website.

5.2    We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

5.3    All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

5.4    It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

5.5    In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

 

6.     Payments


6.1    You must, during the checkout process, pay the prices of the products you order.

6.2    Payments may be made by any of the permitted methods specified on our website from time to time.

6.3    If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

 

7.     Deliveries


7.1    Our policies and procedures relating to the delivery of products are set out in this Section 7

7.2    We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

7.3    We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 5 days following the date of the order confirmation; however, we do not guarantee delivery by this date.

7.4    We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.

 

8.     Distance contracts: cancellation right


8.1    This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

8.2    You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:

(a)    beginning upon the submission of your offer; and

(b)    ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).

8.3    In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

8.4    If you cancel a contract on the basis described in this Section 8, you must send the products back to us (fulfilmentcrowd/Rubik’s LTD, Matrix Park, Western Avenue, Chorley, Lancashire. PR7 7NB – United Kingdom) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.

8.5    If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:

(a)    if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and

(b)    as otherwise provided in this Section 8.

8.6    If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.

8.7    We will refund money using the same method used to make the payment unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

8.8    Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

8.9    You will not have any right to cancel a contract as described in this Section 8 insofar as the contract relates to:

(a)    the supply of any sealed audio recordings, sealed video recordings or sealed computer software which have been unsealed by you;

(b)    the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control, and which may occur during the cancellation period;

(c)    the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;

(d)    the supply of goods which are liable to deteriorate or expire rapidly;

(e)    the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised;

(f)     the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you; or

(g)    the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.

 

9.     Warranties and representations


9.1    You warrant and represent to us that:

(a)    you are legally capable of entering into binding contracts;

(b)    you have full authority, power and capacity to agree to these terms and conditions;

(c)    all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d)    you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.

9.2    We warrant to you that:

(a)    we have the right to sell the products that you buy;

(b)    the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(c)    you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;

(d)    the products you buy will correspond to any description published on our website; and

(e)    the products you buy will be of satisfactory quality.

9.3    All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.

 

10.   Limitations and exclusions of liability


10.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law,

        and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

10.2  The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:

(a)    are subject to Section 10.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

10.3  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

10.4  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

10.5  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

 

11.   Order cancellation


11.1  We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a)    you fail to pay, on time and in full, any amount due to us under that contract; or

(b)    you commit any material breach of that contract.

11.2  You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.

11.3  We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

 

12.   Consequences of order cancellation


12.1  If a contract under these terms and conditions is cancelled in accordance with Section 11:

(a)    we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b)    you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c)    all the other provisions of these terms and conditions will cease to have effect, except that [Sections 1.3, 6.4, 10, 15, 16, 17, 18, 19 and 20] will survive termination and continue in effect indefinitely.

 

13.   Scope


13.1  These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

13.2  These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

13.3  These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

 

14.   Variation


14.1  We may revise these terms and conditions from time to time by publishing a new version on our website.

14.2  A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision but will not affect contracts made before the time of the revision.

 

15.   Assignment


15.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions  - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

15.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

 

16.   No waivers


16.1  No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

16.2  No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

 

17.   Severability


17.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

18.   Third party rights


18.1  A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

18.2  The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

 

19.   Entire agreement


19.1  Subject to Section 10.1, these terms and conditions, together with our privacy and cookies policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

 

20.   Law and jurisdiction


20.1  These terms and conditions shall be governed by and construed in accordance with English law.

20.2  Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

 

21.   Statutory and regulatory disclosures


21.1  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

21.2  These terms and conditions are available in the English language only.

21.3  Our VAT number is 160586014

21.4  The website of the European Union's online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes.

 

22.   Our details


22.1  This website is owned and operated by Rubik’s Brand Limited

22.2  We are registered in England and Wales under registration number 8431416, and our registered office is at 7 Lambton Place, London, W11 2SH, United Kingdom

22.3  Our principal place of business is at 7 Lambton Place, London, W11 2SH, United Kingdom

22.4  You can contact us:

(a)    by post, using the postal address given above;

(b)    using our website contact form;

(c)    by telephone, on the contact number published on our website from time to time; or

(d)    by email, using the email address published on our website from time to time.

[additional list items]

 

App Terms and Conditions

 

Please read carefully before using the App(s) relating to the Rubik’s Connected. These terms and conditions were last updated on 7 August 2020.

 

This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) Rubik’s Brand Limited, 10 Lambton Road, London W11 2SH England, United Kingdom (RBL, us or we) for:

 

  • The Rubik’s Connected mobile application software and the associated media (“Rubik’s Connected App(s)”), collectively referred to as App(s); and
  • the associated online or electronic documents (hereinafter referred to as “Documents”).

 

We license the use of the App(s) and Documents to you on the basis of this EULA and subject to any rules or policies applied by any app store provider or operator from whose site, located at Google Play app store and Apple App Store (collectively known as the “App Store”), the End-user downloaded the App (the “App Store Terms”). Please be advised that by entering into this agreement, we do not sell or otherwise assigning the App(s) or Documents to you and we remain the owners of the App(s) and Documents at all times.

  

Operating system requirements

 

Certain App(s) may require an Apple or Android Device (as defined in condition 1.4 below) with a camera with auto-focus, internet access and a minimum of approx. 92MB of memory available for Android Devices and minimum of approx. 148MB of memory available for Apple Devices. The minimum operating systems we support are Apple and Android as described below:

 

  • Android minimum requirements:

Android 6.0 or higher

Bluetooth version 4.1 or higher

 

  • iPhone/iPad minimum requirements:

iOS 8 or higher,

iPhone 6s or higher,

Bluetooth version 4.1 or higher.

 

 The App(s) may work on other Operating Systems but the Operating Systems specified above are the minimum Operating Systems we test on and guarantee that the App(s) will run for.

 

Important notice: By downloading the App(s) or clicking on the "Accept" button below, you agree to the terms of this EULA which will bind you. The terms of this EULA include, in particular, the privacy policy defined in condition 1.5 and limitations on liability in condition 6.

 

If you do not agree to the terms of this EULA, we will not license the App(s) and Documents to you and you must stop the downloading process of the App(s) now.

 

Should you agree to proceed and accept the terms below, you should be able to access and consult this EULA through the App(s) for your reference at any time.

 

Agreed terms

 

  1. Acknowledgements

 

  • The terms of this EULA apply to the App(s) or any of the services accessible through the App(s) (hereinafter referred to as “Service(s)”), including any updates or supplements to the App(s) or any Service(s), unless they come with separate terms, in which case those terms apply. If any open-source software should be included in the App(s) or any Service(s), the terms of an open-source licence may override some of the terms of this EULA.

 

  • We may change these terms at any time by notifying you of a change when you next start the App(s). The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Service(s).

 

  • From time to time updates to the App(s) may be issued through the App Store. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App(s) and accepted any new terms.

 

  • You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(a) (hereinafter referred to as “Devices”) and to download or stream a copy of the App(s) onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You should check with your mobile or internet service provider for details of data and internet usage charges. You accept responsibility in accordance with the terms of this EULA for the use of the App(s) or any Service(s) on or in relation to any Device, whether or not it is owned by you.

 

  • The terms of our privacy policy from time to time (hereinafter referred to as “Privacy Notice”), for the Rubik’s Connected App(s) are incorporated into this EULA by reference and apply to those Services that are not specified in condition 1.1 as having separate privacy policies. Additionally, by using the App(s) or any Service(s), you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App(s) or any Service(s) may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

 

  • By using the App(s) or any of the Service(s), you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Service(s) to you.

 

  • Apart from the Services provided to you, the data collected may form part of the data used for the sole purpose of your participation on the virtual cubing championships (hereinafter referred to as “Virtual Cubing Tournaments”), when applicable, and as specified in condition 5.

 

  • The App(s) or any Service(s) may contain links to other independent third-party websites (hereinafter referred to as “Third-Party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

 

  • Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

 

 

  1. Grant and scope of licence

 

  • In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App(s) on the Devices, subject to these terms, the Privacy Policy and the App Store Terms, incorporated into this EULA by reference. We reserve all other rights.

 

  • You may:

 

  1. download the App(s) onto an Apple or Android Device, in line with the operating system requirements set out at the beginning of this agreement and view, use and display the App(s) on the Devices for your personal purposes only; and

 

  1. use the Documents for your personal purposes only.

 

  1. Licence restrictions

    • Except as expressly set out in this EULA or as permitted by any local law, you agree:

 

  1. not to copy the App(s) or Documents except where such copying is incidental to normal use of the App(s), or where it is necessary for the purpose of back-up or operational security;
  2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App(s) or Documents;
  3. not to make alterations to, or modifications of, the whole or any part of the App(s), or permit the App(s) or any part of it to be combined with, or become incorporated in, any other programs;
  4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App(s) or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App(s) with another software program, and provided that the information obtained by you during such activities:
    1. is used only for the purpose of achieving inter-operability of the App(s) with another software program;
    2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
  • not used to create any software that is substantially similar to the App(s);
  1. to keep all copies of the App(s) secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App(s);
  2. to include our copyright notice on all entire and partial copies you make of the App(s) on any medium;
  3. not to provide or otherwise make available the App(s) in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
  4. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App(s) or any Service (Technology), together referred to as Licence Restrictions.
  1. Acceptable use restrictions

 

  • You must:
    1. not use the App(s) or any Service(s) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App(s), any Service(s) or any operating system;
    2. not infringe our intellectual property rights or those of any third party in relation to your use of the App(s) or any Service(s), including the submission of any material (to the extent that such use is not licensed by this EULA);
    3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App(s) or any Service(s);
    4. not use the App(s) or any Service(s) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
    5. not collect or harvest any information or data from any Service(s) or our systems or attempt to decipher any transmissions to or from the servers running any Service(s); together referred to as Acceptable Use Restrictions.
  1. Virtual cubing tournaments

 

  • In the event that you should be confirmed as a qualified participant of the Virtual Cubing Tournaments as described in the relevant terms and conditions of such event (hereinafter referred to as “Tournament Terms”), you will be allowed to use the App(s) and the Documents for the purpose of your participation in these events.

 

  • For the purpose of this document, the Virtual Cubing Championships shall be defined as a global cubing competition held in the digital global and local qualifiers by participants around the world.

 

  • You acknowledge that, in order to participate in the Virtual Cubing Tournament, we may share your data with the organisers and relevant partners of the Virtual Cubing Tournament for this sole purpose. By accepting these terms and the Tournament Terms, you consent to the collection, use, processing, and storage of your data for this purpose as it may be further described in the Privacy Notice.

 

  • For the purpose of the organisation of the Virtual Cubing Tournament, we will take appropriate measures to protect your data and will keep your data for as long as necessary to fulfil the above purpose or as required by law. You may modify and correct incomplete or inaccurate data at any time by notifying us of any change to rubiksconnected@rubiks.com and/or support@getgocube.com.

 

  1. Intellectual property rights

 

  • You acknowledge that all intellectual property rights in the App(s), the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App(s) are licensed (not sold) to you, and that you have no rights in, or to, the App(s), the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.

 

  • You acknowledge that you have no right to have access to the App(s) in source-code form.
  1. Limitation of liability

    • The content in the App(s) is provided for entertainment purposes only.

 

  • We are not responsible for any data usage, roaming or other charges you incur when accessing the internet through your mobile or other Device, as specified in condition 1.4.

 

  • We only supply the App(s) and Documents for domestic and private use. You agree not to use the App(s) and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

  • We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 7.5, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time when we granted you the EULA.

 

  • Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to allowing you to download another copy of the App(s). This does not apply to the types of loss set out in condition 7.4

 

  • Nothing in this EULA shall limit or exclude our liability for:

 

  1. death or personal injury resulting from our negligence;
  2. fraud or fraudulent misrepresentation; and
  3. any other liability that cannot be excluded or limited by English law.

  1. Termination

 

  • We may terminate this EULA immediately by written notice to you:
    1. if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and
    2. if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.

 

  • On termination for any reason:
    1. all rights granted to you under this EULA shall cease;
    2. you must immediately cease all activities authorised by this EULA, including your use of any Service(s); and
    3. you must immediately delete or remove the App(s) from all Devices, and immediately destroy all copies of the App(s) and Documents then in your possession, custody or control and certify to us that you have done so.
  1. Communication between us

 

  • If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail at rubiksconnected@rubiks.com and/or support@getgocube.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.

 

  • If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App(s).
  1. Events outside our control

 

  • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).

 

  • If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:

 

  1. our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
  2. we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

  1. Other important terms

 

  • We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.

 

  • If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

  • Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

 

  • Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.

 

This agreement has been entered into on the date of your first download of the App(s).