Subscription Terms
These Subscription Terms set out the terms under which certain benefits and features (“Paid Features”) accessible for a fee on a subscription basis (“Subscription”), is sold by us through GChess. Some of the subscriptions are renewable; others are indefinite or time limited. We will display the basis on which your subscription is offered before you purchase it.
- SUBSCRIPTIONS, PAID FEATURES, PRICING AND AVAILABILITY
- We may from time to time change our prices. Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription. We will inform you of any change in price at least 14 days before the change is due to take effect. If you do not agree to such a change, you may cancel the Subscription as described in section 8.1.
- Minor changes may, from time to time, be made to certain paid features, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues or rights restrictions. These changes will not alter the main characteristics of the Paid Features and should not normally affect your use of that Paid Feature. However, if any change is made that would affect your use of the paid features, suitable information will be provided to you.
- Where any updates are made to paid features, that Paid Feature will continue to match our description of it as provided to you before you purchased your Subscription to access the Paid Feature. Please note that this does not prevent us from enhancing the paid features, thereby going beyond the original description.
- We make all reasonable efforts to ensure that all prices shown on GChess are correct at the time of going online.
- ORDERS
- GChess will guide you through the process of purchasing a Subscription. Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
- If, during the order process, you provide us with incorrect or incomplete information, please contact us as soon as possible. If we are unable to process your order due to incorrect or incomplete information, we will contact you to ask you to correct it. If you do not give us the accurate or complete information within a reasonable time of our request, we will cancel your order. We will not be responsible for any delay in the availability of paid features that results from you providing incorrect or incomplete information.
- In the unlikely event that we do not accept or cannot fulfil your order for any reason, we will explain why by email. No payment will be taken under normal circumstances. If we have taken payment, any such sums will be refunded to you as soon as possible and in any event within 14 days.
- PAYMENT
- Payment for Subscriptions must always be made in advance. Your chosen payment method will be charged when we process your order and send you a Subscription Confirmation by email (this usually occurs immediately, and you will be shown a message confirming your payment).
- We accept the following methods of payment on GChess:
- Visa, Mastercard, American Express via our payment partner Stripe.
- If you do not make any payment due to us on time, we will suspend your access to the paid features. For more information, please refer to section 4.4 below. If you do not make payment within 7 days of our reminder, we may cancel the Subscription. Any outstanding sums due to us will remain due and payable.
- If you believe that we have charged you an incorrect amount, please contact us at support@gchess.com as soon as reasonably possible to let us know. You will not be charged for paid features while availability is suspended.
- PROVISION OF PAID FEATURES
- Paid Features appropriate to your Subscription (if you are logged in, you can see the current list here) will be available to you immediately when we send you a Subscription Confirmation and will continue to be available for the duration of your Subscription (including any renewals).
- In some limited circumstances, we may need to suspend the provision of paid features (in full or in part) for one or more of the following reasons:
- To update the paid features to comply with relevant changes in the law, the requirements of anyone holding rights to the paid features, or other regulatory requirements.
- If we need to suspend availability of the paid features for any of these reasons, we will inform you in advance of the suspension and explain why it is necessary. If the suspension lasts (or we tell you that it is going to last) for more than 7 days, you may end the Subscription as described below in section 8.2.
- We may suspend provision of the paid features if we do not receive payment on time from you. We will inform you of the non-payment on the due date, however if you do not make payment within 7 days of our notice, we may suspend provision of the paid features until we have received all outstanding sums due from you. If we do suspend provision of the paid features, we will inform you of the suspension. You will not be charged for any paid features while provision is suspended.
- We may suspend or terminate your Subscription if you breach GChess terms of use (including these Subscription Terms). We value our engagement with the chess community and will make every effort to be sensible and proportionate when considering any breaches.
- RENEWAL OF YOUR SUBSCRIPTION
- If we have indicated to you at the time of purchase that your Subscription is one which is on an auto-renew basis, it will renew automatically until the end of the subscription period in which you notify us by email to support@gchess.com that you wish to cancel it (or unless terminated earlier in accordance with these terms) or arrange with your payment services provider to cease payments in respect of the Subscription.
- PROBLEMS WITH THE PAID FEATURES
- By law, we must provide paid features that are of satisfactory quality, fit for purpose, and as described. If any Paid Feature available through your Subscription does not comply, please contact us as soon as reasonably possible to inform us of the problem. Your available remedies will be as follows:
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- If the Paid Feature has faults, you will be entitled to a repair or a replacement.
- If we cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund.
- If you can demonstrate that the fault has damaged your device or other digital content belonging to you because we have not used reasonable care and skill, you may be entitled to a repair or compensation. Please refer to section 9.3 for more information.
- If there is a problem with any Paid Feature, please contact us at support@gchess.com to inform us of the problem.
- Refunds (whether full or partial, including reductions in price) under this Section 6 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund.
- Refunds under this Section 6 will be made using the same payment method that you used when purchasing your Subscription.
- For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
- CANCELLING YOUR SUBSCRIPTION
- Except for monthly Subscriptions (which may only be terminated under the “cooling-off” period by EU consumers as set out below), you may cancel your Subscription at any time from 30 days from the date of your Subscription Confirmation email from us.
- If you are a consumer in the European Union, by default you have a legal right to a “cooling-off” period within which you can cancel the Subscription for any reason, including if you have changed your mind, and receive a refund. The period begins once we have sent you your Subscription Confirmation and ends when you access the paid features, or 14 calendar days after the date of our Subscription Confirmation, whichever occurs first.
- After the cooling-off period, you may cancel your Subscription at any time, however subject to sections 7.4 and 8, we cannot offer any refunds and you will continue to have access to the paid features for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), at which time the Subscription will end.
- If you allow a Subscription to auto-renew by mistake, please inform us as soon as possible. We will be able to cancel the Subscription and issue a full refund.
- If you wish to exercise your right to cancel under this Section 7, you may inform us of your cancellation on support@gchess.com. Be sure to provide us with your name, address, email address, and Subscription ID.
- We may ask you why you have chosen to cancel and may use any answers you provide to improve our content and services, however, please note that you are under no obligation to provide any details if you do not wish to.
- Refunds under this Section 7 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform us that you wish to cancel.
- Refunds under this Section 7 will be made using the same payment method that you used when purchasing your Subscription.
- YOUR OTHER RIGHTS TO END THE SUBSCRIPTION
- You may end the Subscription at any time if we have informed you of a forthcoming change to your Subscription or the paid features (as described in section 1.1), or to these Subscription Terms that you do not agree to. If the change is set to take effect or apply to you before the end of your current Subscription, we will issue you with a prorated refund equal to the remaining time left in that Subscription. If the change will not take effect or apply to you until the expiry of your current Subscription, the Subscription will end at the end of that Subscription period and you will continue to have access to the paid features until that date.
- If we have suspended availability of the paid features for more than 7 days, or we have informed you that we are going to suspend availability for more than 7 days, you may end the Subscription immediately, as described in section 4.3. If you end the Subscription for this reason, we will issue you with a pro-rated refund.
- You also have a legal right to end the Subscription at any time if we are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
- Refunds under this Section 8 will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when purchasing your Subscription.
- OUR LIABILITY TO YOU
- We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Subscription Terms or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Subscription is created. We will not be responsible for any loss or damage that is not foreseeable.
- Our paid features are intended for non-commercial use only. We make no promise that the paid features are fit for commercial, business or industrial use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
- If, as a result of our failure to exercise reasonable care and skill, any digital content (including but not limited to paid features) from GChess damages your device or other digital content belonging to you, we will either repair the damage or pay you appropriate compensation. Please note that we will not be liable under this provision if:
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- The damage has been caused by your own failure to follow our instructions; or
- Your device does not meet any relevant minimum system requirements that we have made you aware of before you purchased your Subscription.
- Nothing in these Subscription Terms seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors), or for fraud or fraudulent misrepresentation.
- Nothing in these Subscription Terms seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
- CONTACTING US
- If you wish to contact us with general questions or complaints or to cancel your Subscription, you may contact us by email at support@gchess.com.