WEBSITE TERMS OF USE

Last updated: 14th December 2023

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What's in these terms?

These terms tell you the rules for using our website: https://www.occamdistribution.com/ (“our site(s)”).

Furthermore, the acceptable use policy element of these terms sets out the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way,

Who we are and how to contact us

Our sites are operated by Occam Distribution (trading name for Wayland Games Limited) ("We"). We are a private company limited by shares and registered in England and Wales under company number 06690851,  with a registered office of 17-19 Eldon Way, Hockley, Essex, SS5 4AD. Our VAT number is GB942355718.

You can contact us at https:https://helpdesk.warcradle.com/support/home or via the support section on our site as well as via email at support@occamdistribution.com

By using our sites you accept these terms

By using our sites, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our sites.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our sites:

Our Privacy Notice, which sets out how we may use your personal data.

Our Cookie Policy, which sets out information about the cookies on our sites.

Our acceptable use policy which is included within these terms for completeness. 

If you purchase goods from our sites, our Terms and Conditions of sale will apply to the sales

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our sites, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our site

We may update and change our sites from time to time to reflect changes to our products, our users' needs and our business priorities. We are under no obligation to provide any form of notice of any changes, whether minor or major. 

We may suspend or withdraw our sites at any time, without reason and without the need to provide notice whatsoever. 

Our sites are made available free of charge.

We do not guarantee that our sites, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that anyone who accesses our sites through your internet connection and/or devices are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement/policy/terms to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Our sites are only for users in the UK

Our sites are directed to people residing in the United Kingdom. We do not represent that content available on or through our sites is appropriate for use or available in other locations.

You must keep your account details safe

If you choose, or you are provided with, a user identification code or password including but not limited to a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password including but not limited to any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your username or password, you must promptly notify us using the contact details set out herein or via email at support@occamdistribution.com. 

How you may use material on our sites

We are the owner or the licensee of all intellectual property rights in our sites, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may not print off any copies, nor may you download extracts, of any page(s) from our sites whatsoever, nor may you draw the attention of others within your organisation to content posted on our sites.

You must not modify digital copies or otherwise of any materials on our sites, including any such items you may have unlawfully or otherwise printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You are not permitted to use our trademarks and/or any other intellectual property rights without our approval. We list items from hundreds of suppliers, their work is copyrighted, we do not endorse or condone use of any assets without the copyright holder’s permission.

Our status (and that of any identified contributors) as the authors of content on our sites must always be acknowledged.

You must not use any part of the content on our sites for commercial purposes without obtaining a licence to do so from us and our licensors.

If you print off, copy, download or use any part of our sites in breach of these terms of use, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our sites or any services provided via, or in relation to, our sites. This includes using (or permitting, authorising or attempting the use of):

Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the sites or any data, content, information or services accessed via the same.
Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Our sites, their contents and any services provided in relation to the same are only targeted to, and intended for use by, individuals located in the United Kingdom (each, a Permitted Territory). By continuing to access, view or make use of our sites and any related content and services, you hereby warrant and represent to us that you are located in a Permitted Territory. If you are not located in a Permitted Territory, you must immediately discontinue use of our sites and any related content and services.

Do not rely on information on our sites

The content on our sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our sites.

Although we make reasonable efforts to update the information on our sites, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our sites is accurate, complete or up to date.

We are not responsible for websites we link to

Where our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

Our sites may include information and materials posted and/or uploaded by other users of the sites (for example, comments on any content, articles and/or blogs on our sites). This information and these materials have not been verified or approved by us. The views expressed by other users on our sites do not represent our views or values.

How to complain about content uploaded by other users

If you become aware of any material that could comprise or be connected to child sexual abuse or exploitation or that could comprise terrorist content or be connected to terrorism, please contact us immediately via email at support@occamdistribution.com. 

If you wish to complain about content uploaded by other users or any other content whatsoever, please contact us at https://helpdesk.warcradle.com/support/home or via the support section on our site or via email at support@occamdistribution.com. 

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of sale.

Please note that we only provide our sites for domestic and private use and do not provide any business to business goods or services from our sites. You agree not to use our sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or any indirect, consequential or special loss and/or damage.

If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

How we may use your personal data

We will only use your personal data as set out in our Privacy Notice a copy of which can be viewed here: https://www.occamdistribution.com/privacy-notice. 

Uploading content to our sites

Whenever you make use of a feature that allows you to upload content to our sites, or to make contact with other users of our sites, you must ensure that your contribution (a) is not defamatory or discriminatory of any person; (b) is not obscene, offensive, hateful or inflammatory; (c) does not bully, insult, intimidate or humiliate any person; (d) does not promote any illegal activity; (e) is not provided in breach of any legal duty owed to a third party (such as a contractual duty or a duty of confidence); and (f) does not infringe any intellectual property rights of any other person. You must at all times adhere to the acceptable use element of these terms as set out herein. 

You warrant that any such contribution complies with these standards, and you will be responsible to us and shall indemnify us for any loss or damage we suffer as a result of your breach of warranty.

We have the right to remove any posting you make on our sites if, in our opinion, your post does not comply with these standards.

Any content you upload to our sites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant to us and other users of our sites an unlimited, worldwide, perpetual, royalty free, transferable licence to use, reproduce, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our sites constitutes a violation of their intellectual property rights, or of their right to privacy.

If you wish to contact us in relation to content you have uploaded to our site and that we have taken down, please contact us via email at support@occamdistribution.com. 

You are solely responsible for securing and backing up your content.

You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our sites will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our sites. You should use your own virus protection software.

You must not misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the server on which our sites are stored or any server, computer or database connected to our sites. You must not attack our sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our sites will cease immediately.

Rules about linking to our site

You may not link to our sites whatsoever, including but not limited to our home page, in any circumstances whatsoever.

Our site must not be framed on any other site, nor may you create a link to any part of our site.

Acceptable Use Policy:

Prohibited uses

You may not use our site:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To bully, insult, intimidate or humiliate any person.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out herein.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to
• adversely affect the operation of any computer software or hardware.
• In any way that involves child sexual exploitation or abuse.
• To upload terrorist content.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use as set out herein.
• Not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

• Video-sharing facilities.
• Chat rooms.
• Bulletin boards.

(interactive services.)

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

We do not store terrorist content.

Content standards

These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Bully, insult, intimidate or humiliate.
• Promote sexually explicit material.
• Include child sexual abuse material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trademark of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal content or activity.
• Be in contempt of court.
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates from us, if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

For the avoidance of doubt, for any Contribution in the form of video content:

• You must tell us immediately, if you upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).
• You must not upload a video containing harmful material.
• You must not upload a video containing advertising for any of the following:
  
  • cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or
  • for alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol.
• Any advertising included in a video you upload must not:
  
  • prejudice respect for human dignity;
  • include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
  • encourage behaviour prejudicial to health or safety;
  • encourage behaviour grossly prejudicial to the protection of the environment;
  • cause physical, mental or moral detriment to persons under the age of 18;
  • directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
  • directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
  • exploit the trust of such persons in parents, teachers or others; or
  • unreasonably show such persons in dangerous situations.
• You must use the functionality provided on our site to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.

Breach of this policy

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use as set out herein upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Which country's laws apply to any disputes?

Please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the English courts will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.