Terms and Conditions

These Terms and Conditions of Use (T & Cs) are part of an agreement between you and Virtual City Limited (together with its affiliates, “Virtual City” or “we”) regarding use of the Virtual City Product Pack Website (“the Product Pack Website”) and associated software, services and purchases. Before you use the Product Pack Website or download any Apps made available through it, lease read these T & Cs, the Virtual City Privacy Policy available at www.virtualcity.co.ke/privacy  and all rules and policies related to the Product Pack Website (including, but not limited to, any rules or usage provisions specified on any product detail page or on any help or other informational page for the Product Pack Website) (collectively, the “Agreement”).

BY USING THE PRODUCT PACK WEBSITE, INCLUDING ANY ASSOCIATED SOFTWARE OR SERVICE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE PRODUCT PACK WEBSITE.

  1. The Product Pack Website
    1.1 Description and Scope of Services.
    The Product Pack Website is part of the software platform known as Virtual City that has been developed and is owned by Virtual City. The Product Pack Website can be accessed on the Virtual City website, http://vcproductpackages.azurewebsites.net/. In the Product Pack Website, you can access, browse, purchase and download software games, applications and other digital products for mobile devices, personal computers and laptops (“Apps”). Apps include any content, ads, services, technology, data, in-app products and other digital materials included in or made available through an App you download or use via the Product Pack Website (including after you download it). Apps also include any updates, upgrades and other changes and versions that you later use or download from us. Where a party provides an App to us for distribution, that Person shall be known as the “Third Party Publisher” of the App. Where Virtual City develops an App, then Virtual City is the “Publisher.”We may make some Apps available via the Product Pack Website at no charge (Free Apps) and others for a Service Fee (Paid-for Apps), as further described on our App detail pages. From time to time, we may offer sales, give-aways and other promotions in the Product Pack Website. We may modify or discontinue any of these promotions at any time without notice to you.

1.2 Ownership of the Product Pack Website.The Product Pack Website is the property of Virtual City. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Product Pack Website is owned, controlled or licensed by or to Virtual City, and is protected by trade dress, copyright,  and trade mark laws, and various other intellectual property rights and unfair competition laws provided always that any Apps belonging to Third Party Publishers shall remain their property.

Except as expressly provided in these T & Cs, no part of the Product Pack Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other mobile device,computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Virtual City’s express prior written consent.

  1. Using and Downloading Apps
    2.1 General.
    In paid-for Apps, after you order an App and pay any corresponding Service Fees to us, you may download a copy of the App for your personal use to a compatible device. Compatible devices are, for the purposes of this Agreement, mobile devices, personal computers and laptops (devices) that use the Android and Symbian platform and meet certain other technical requirements. Generally, device requirements are described on or through our App detail pages.2.2 Trial Access to Apps.For Paid-for Apps, we may offer free trial and other limited versions of Apps so you can preview Apps before you purchase the full version. These versions may have limited features, may restrict permitted time of use and may contain other limitations.2.3 Service Fees.You are liable to pay the applicable Service Fees for access to, downloading and using certain Apps. All payments must be made through the Payment Gateway which supports:

(i) Mobile money transfers;

(ii)Direct transfers from Your bank account to the account of the relevant App provided that the Bank is integrated into the Payment Gateway;

(iii) Any other method that You may be informed of by Virtual City from time to time.

2.4 Mobile Data Fees; Access Charges. You are responsible for any mobile data fees and other third-party charges you may incur (for example, fees that may be charged by your carrier) in connection with your access, download and use of the Product Pack Website or of Apps, including any trial versions.

2.5 All Sales Final. All purchases of Apps are final. We do not accept returns of Apps. Once you have purchased an App, we encourage you to download (if applicable) and access it promptly to be sure you have received it. If you are unable to complete a download or access an App, please contact Virtual City Customer Support for assistance. Once you purchase an App and we make it available to you, you bear responsibility for completing the download (if applicable) and for all risk of loss after downloading or accessing the App, including any loss due to a device malfunction.

2.6 Downloading and Availability of Apps after Purchase. Once you have paid for an App, you may download copies of the App for your personal use to compatible devices. Each time you download an App to a particular device, you will first be required to sign in to the Product Pack Website using the user name and password for the Virtual City customer account that you used to buy the App. We will usually continue making Apps you have purchased available to you in our Product Pack Website so that you can download additional copies under the terms of this Agreement, but that is not always the case, and we may limit or disable further downloads of an App due to licensing restrictions or for other reasons.

2.7 Updates to Apps.  We or the Third Party Publisher of an App may provide updates to that App from time to time. We may automatically install updates to your Apps, or prompt you to install the updates, depending on how your Virtual City customer account is configured.

3. Use of and Restrictions on the Product Pack Website and Apps
3.1Information Provided. Virtual City respects your privacy, and will not access files or other information on any device where your Apps are located that are not used by or otherwise related to the Product Pack Website or performance of the Apps. The Apps will provide Virtual City with information relating to the download, use and performance of your Apps, as well as information regarding the devices on which you download and use the Apps. For example, the Apps may provide Virtual City with information about the device type, mobile network connectivity, location of the device running an App, information about when an App is launched, individual session lengths for Apps, or why an App may not be working. Any information we receive is subject to the Virtual City Privacy Policy located at [                             ].

Virtual City reserves the right at all times to disclose any information that Virtual City deems necessary to comply with any applicable law, regulation, legal process or governmental request.  Virtual City also may disclose your information when Virtual City determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection, combating the financing of terrorism or anti-money laundering purposes.

3.2 Separate Licenses to Use Apps. Your use of an App will be governed by the terms and conditions of an end user license agreement between you and us or the Third Party Publisher of the App (a “EULA”). The EULA for an App includes the terms set forth below (the “Standard EULA”) and any additional end user license terms included in the App (the “Publisher EULA”). If there is a conflict between the Standard EULA and the Publisher EULA, the Standard EULA will control. We or the Third Party Publisher has the right to enforce the EULA against you. If you do not want to comply with the EULA for an App, you must not use that App. Virtual City is not a party to the EULA for any App (unless Virtual City is the Publisher of that App). The Standard EULA includes the following end user license terms, and if the App does not include a Publisher EULA, these terms will constitute the entire EULA between you and thePublisher or Third Party Publisher:

(i) The Publisher or Third Party Publisher is the licensor of the App.

(ii) If the App does not include an EULA that specifies App license rights, Publisher grants you a limited, non-transferable license to download and use the App only for your personal and non-commercial purposes.

(iii) You may download additional copies of the App to compatible devices that have been linked to the Virtual City customer account that you used to buy the App in accordance with Virtual City’s rules and policies for the Product Pack Website.

(iv) Any information that any Publisher collects from you or your device will be subject to the Virtual City Privacy Policy.

(v) You may not modify, reverse engineer, decompile or disassemble the App in whole or in part, or create any derivative works from or sublicense any rights in the App, unless otherwise expressly authorized in writing by Publisher.

(vi) The App is protected by copyright and other intellectual property laws and treaties. Unless otherwise expressly stated in the Publisher EULA, Publisher or its licensors own all title, copyright and other intellectual property rights in the App, and the App is licensed, not sold.

(vii) You acknowledge and agree that in the case of Third Party Applications, Virtual Cityhas no responsibility or liability with respect to your use of the App or any content or functionality in the App.

3.3  Compliance with Law and Reservation of Rights. You will use the Product Pack Website Apps and Product Pack Website Software in compliance with all applicable laws. Except for the rights explicitly granted to you in this Agreement and in the EULA for each App, all right, title and interest in the Amazon Product Pack Website, Apps and the Product Pack Website Software are reserved and retained by their respective providers, publishers and rights holders. You do not acquire any ownership rights in the Product Pack Website Software as a result of downloading, installing or using such software or the Product Pack Website. We reserve the right to change, remove, suspend, or disable any App without notice or liability.

3.4 Limited to Kenya. We are currently only able to make Apps available to customers located in the Republic of Kenya (territory). We regret that you may not purchase or download Apps if you are outside theTerritory. If you are inside the Territory, you may not transfer Apps outside the Territory.

3.5 Accounts, Passwords and Security. Certain features or services offered on or through the Product Pack Website may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Virtual City immediately of any unauthorised use of your account or password, or any other breach of security. You may be held liable for losses incurred by Virtual City or any other user of or visitor to the Product Pack Website due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Virtual City cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

4. General
4.1 Governing Law. You agree that all matters relating to your access to or use of the Product Pack Website, including all disputes, will be governed by the laws of the Republic of Kenya. You agree to the personal jurisdiction by and venue in the Republic of Kenya.

4.2 Dispute Resolution. In the event of any controversy or dispute between Virtual City and you arising out of or in connection with your use of the Product Pack Website, You shall contact the Virtual City Customer Support either via email (support@virtualcity.co.ke) or via telephone on 0703504106. The complaint shall then be handled in accordance with the Virtual City Customer Management Process. Where the parties have exhausted all options available under the Customer Management Process and still have not resolved the dispute within Thirty (30) days, then either party may submit such controversy or dispute to arbitration. Such arbitration will be conducted by a single arbitrator to be appointed by agreement between the parties or in default of such agreement within Thirty (30)days of the notification of a dispute, upon the application of either party, by the Chairman for the time being of the Chartered Institute of Arbitration (Kenya Chapter). The arbitration shall be conducted in the English language in Nairobi in accordance with the Rules of Arbitration of the said Institute and subject to and in accordance with the provisions of the Arbitration Act 1995. To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the parties hereto. Nothing in this section shall be deemed to exclude any legally recognised dispute resolution body from receiving, hearing and determining the dispute.

4.3 Termination; Amendments. Your rights under this Agreement will automatically terminate without notice from us if you fail to comply with any of its terms. In case of such termination, you must cease all use of the Product Pack Website, and we may immediately revoke your access to the Product Pack Website without notice to you and without refund of any purchases. Any violation by you of these T &Cs will cause irreparable harm to Virtual City, for which monetary damages would be inadequate, and you consent to Virtual City obtaining any injunctive or equitable relief that Virtual City deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Virtual City may have at law or in equity. We may amend any of this Agreement’s terms at our sole discretion. Your continued use of the Product Pack Website after the effective date of the revised Agreement terms constitutes your acceptance of the terms.

4.4 Limitation of Liability. In no event shall our total liability to you for all damages arising from your use of the Product Pack Website, the Apps, materials or products included on or otherwise made available to you through the Product Pack Website exceed the amount you paid to us to purchase the App.

4.5 Indemnity. You agree to indemnify and hold Virtual City, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against Virtual City by any third party due to or arising out of or in connection with your use of the Product Pack Website in contravention of this Agreement and any applicable laws.

4.6 Disclaimers. VIRTUAL CITY DOES NOT PROMISE THAT THE PRODUCT PACK WEBSITE OR ANYSERVICE OR FEATURE OF THE PRODUCT PACK WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PRODUCT PACK WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE PRODUCT PACK WEBSITE IS DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE PRODUCT PACK WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. VIRTUAL CITY CANNOT ENSURE THAT ANY APPS, FILES OR OTHER DATA YOU DOWNLOAD FROM THE PRODUCT PACK WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. VIRTUAL CITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  VIRTUAL CITY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PRODUCT PACK WEBSITE AND/OR ANY VIRTUAL CITY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PRODUCT PACK WEBSITE.

4.7 Severance. If any of the provisions of these T & Cs are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these T & Cs, so that these T & Cs shall remain in full force and effect.

4.8 Counter-offer. Virtual City will not accept any counter-offers to these T & Cs, and all such offers are hereby categorically rejected.

4.9 Waiver. Virtual City’s failure to insist on or enforce strict performance of these T & Cs shall not be construed as a waiver by Virtual City of any provision or any right it has to enforce these T & Cs, nor shall any course of conduct between Virtual City and you or any other party be deemed to modify any provision of these T & Cs. These T & Cs shall not be interpreted or construed to confer any rights or remedies on any third parties.

4.10 Contact Information. For communications concerning this Agreement, please write to Virtual City, Attn: Customer Support, on the email address support@virtualcity.co.ke or on P.O. Box 76460 – 00508, Nairobi.