Kickstarter Campaign Terms and Conditions
1.1 These terms and conditions shall govern our campaigns, by which we mean the Kickstarter funding campaigns we run through https://www.kickstarter.com/ to fund our creative projects.
1.2 By pledging any of our campaigns, you give your express agreement to these terms and conditions. Please read these terms and conditions carefully before you submit your pledge to us.
1.3 This document does not affect any statutory rights you may have as a consumer.
1.4 In these terms and conditions:
(a) "we" means Steamforged Games Ltd; and
(b) "you" means a backer or prospective backer of our campaign,
and "us", "our" and "your" should be construed accordingly.
2. Basis of the contract
2.1 The purpose of our campaign is to fund our creative project described on our campaign page at Kickstarter.
2.2 If you back our campaign and your pledge is accepted (as described in Section 3.2), then:
(a) if the campaign is successful, we will make all reasonable efforts to complete the project (but see Section 10) and fulfil your pledged reward (but see Section 7.3); or
(b) if the campaign is unsuccessful, you will not be charged, and we will have no further obligations to you.
2.3 A campaign is successful if it reaches its fundraising goal by the time of the project’s funding deadline, as published on our campaign page.
3. Backing process
3.1 The advertising of our campaign constitutes an invitation to treat rather than a contractual offer. This means that no contract will come into force between you and us unless and until we accept your pledge to back our campaign in accordance with the procedure set out in Section 3.2 below.
3.2 To enter into a contract through our campaign page to back one of our campaigns, the following steps must be taken:
(a) you must choose the reward level you wish to receive as part of backing our campaign and then proceed to the Kickstarter checkout;
(b) if you are a new Kickstarter user, you must then create an account with Kickstarter and log in, or if you are an existing Kickstarter user, you must enter your login details;
(c) once you are logged in, you must select your preferred method of delivery and confirm your pledge;
(d) you will be asked to provide your payment details and Kickstarter (or its payment partners) may pre-authorise or reserve a charge on your payment method for the pledge amount;
(e) Kickstarter will then send you an initial acknowledgement;
(f) we will then check whether we are able to provide your chosen pledge reward; and
(g) if we can provide it, Kickstarter will send you a pledge confirmation (at which point your pledge will become a binding contract); or
(h) Kickstarter will confirm by email that we are unable to meet your pledge (and no contract will come into force).
3.3 Kickstarter will assign a pledge confirmation number to your pledge and tell you what it is when we accept your pledge. It will help us if you can tell us the pledge confirmation number whenever you contact us about your pledge.
4. Pledge amount
4.1 All amounts stated in these terms and conditions or on our campaign page are stated inclusive of VAT.
4.2 It is possible that pledge amounts on the Kickstarter website may be incorrectly quoted; accordingly, we will verify pledge amounts when checking if we are able to provide your chosen pledge reward so that the correct amount will be notified to you before the contract comes into force. If we accept and process your pledge where an error to the published pledge amount is obvious and unmistakeable and could reasonably have been recognised by you as an error, we may end the contract refund you any sums you have paid and require the return of any rewards provided to you.
4.3 You can increase, decrease, or cancel your pledge at any time during the campaign, with one exception. During the last 24 hours of the campaign, you cannot decrease or cancel your pledge without contacting Kickstarter customer support first if that action would drop the project below its funding goal. Once the project has been funded, you can only cancel or change your pledge as explained in Section 9 or, at our discretion, by making special arrangements with us.
4.4 In addition to the amount of pledge, you may have to pay a delivery charge depending on the value of your pledge. Information on estimated delivery charges is available here.
4.5 It is not possible to let you know what the exact delivery charge when you make your pledge, because at that point you are helping to create something new and not ordering something that already exists, and because at that point we would not know what pledge reward options you will have chosen. Any delivery charge which will actually apply to your pledge reward will be notified to you after you confirm your chosen pledge reward options (as described in Section 7).
5.1 You must, during the checkout process, pre-authorise your card and pay the prices of the reward level you pledge if the campaign successfully funds.
5.2 Payments may be made by any of the permitted methods specified on the Kickstarter website from time to time.
5.3 If you fail to pay any amount due under these terms and conditions (whether the pledged amount or delivery charges) in accordance with the provisions of these terms and conditions, then we may withhold the reward pledged and/or cancel the contract as described in Section 13.1.
6.1 The types of rewards that are or may be available are set out on campaign page.
6.2 We may periodically change the rewards available on our campaign page, and we do not undertake to continue to supply any particular reward or type of reward. In particular, any limited availability rewards are subject to availability.
6.3 The images of the rewards on campaign page are for illustrative purposes only. Although we have made every effort to display the final product accurately, we cannot guarantee that your reward accurately reflects the final product we will issue if the campaign is successful. Your reward may vary slightly from those images.
6.4 The packaging of the reward may vary from that shown in images on campaign page.
6.5 We may change the reward your pledged level entitles you to receive:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
7. Reward confirmation process
7.1 We need certain information from you so that we can supply the rewards to you. When a campaign is finished, the Kickstarter will let us know the amount you pledged, your name, email and address. However, they will not let us know what reward options you selected. As the address you will have provided to Kickstarter might be out of date by the time of shipment of rewards to you, we will also need your up-to-date accurate delivery address. We may also need other information, such as t-shirt size if that is part of your chosen reward.
7.2 We will contact you to ask for this information after the end of the campaign. You must fill out your information to finalise your order, enter your delivery address and pay our shipping fees in the pledge manager before the pledge manager of our campaign is closed. We will let you know that deadline when we contact you to ask for the information we require from you.
7.3 If you do not give us this information before the pledge manager for our campaign closes, or if you give us incomplete or incorrect information, we may either end the contract (and Section 13.1 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the rewards late or not supplying any part of them if this is caused by you not giving us the information we need by the deadline.
8.1 Our policies and procedures relating to the delivery of rewards are set out in Section 7 and Section 8 and here.
8.2 If the campaign is successful and the project completed, we will arrange for your chosen reward to be delivered to the delivery address you specify during the reward confirmation process.
8.3 We will use reasonable endeavours to deliver your rewards on or before the estimated delivery date set out in the confirmation that confirms that the campaign has been successfully funded; however, we do not guarantee delivery by this date.
8.4 We will not be responsible for any loss or damage to any rewards caused by you providing incorrect delivery details or for our compliance with your delivery instructions (for example, leaving any goods outside or unattended).
9. Distance contracts: cancellation right
9.1 This Section 9 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.
9.2 You may cancel a contract entered into with us through our campaign page (without giving any reason for your withdrawal or cancellation) at any time within the period ending at the end of 14 days after the day on which you receive a confirmation that the campaign has been successfully funded.
9.3 In order to cancel a contract on the basis described in this Section 9, you must inform us of your decision to cancel. You may inform us by means of any clear statement setting out the decision (including, if you wish, by completing and sending to us the model cancellation form below). 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.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Steamforged Games Ltd, Unit 1 Kestrel Road, Trafford Park, Manchester, England, M17 1SF
I hereby give notice that I cancel my contract of Kickstarter funding campaign
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
9.5 If you cancel your pledge in accordance with this Section 9, you will receive a full refund of the amount you paid to us in respect of the pledge (less any third party processing fees).
9.6 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. Less any third party processing fees.
10. If the project is not completed
10.1 We will make every reasonable effort to ensure that if the campaign is successful, we will complete the project. However, due to the nature of the project (creating something which does not exist), despite our best efforts we might sometimes not be able to manage to complete the project as promised.
10.2 If this happens, we will make every reasonable effort to remedy the situation. For example:
(a) post an update that explains what work has been done, how funds were used, and what prevents them from finishing the project as planned;
(b) work diligently and in good faith to bring the project to the best possible conclusion in a timeframe communicated to backers;
(c) demonstrate that we have used funds appropriately and made every reasonable effort to complete the project as promised;
(d) be honest, and make no material misrepresentations in our communication to backers; and/or
(e) offer to return any remaining funds to backers who have not received their reward (in proportion to the amounts pledged), or else explain how those funds will be used to complete the project in some alternate form.
11. Warranties and representations
11.1 You warrant and represent to us that:
(a) 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;
(b) you are legally capable of entering into binding contracts;
(c) you have full authority, power and capacity to agree to these terms and conditions;
(d) all the information that you provide to us in connection with your pledge is true, accurate, complete and non-misleading; and
(e) you will be able to take delivery of the rewards in accordance with these terms and conditions and our delivery policy.
11.2 We warrant to you that:
(a) the rewards we provide to you are provided free from any charge or encumbrance, except as specified in these terms and conditions;
(b) you shall enjoy quiet possession of the rewards you receive, except as specified in these terms and conditions;
(c) the rewards you receive will correspond to any description published on our campaign page (save as qualified in Section 6); and
(d) the rewards you receive will be of satisfactory quality.
11.3 All of our warranties and representations relating to the supply of rewards are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.
12. Limitations and exclusions of liability
12.1 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.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; 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.
12.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control including in circumstances in which our supply of the reward us delayed by an event outside of our control. In these circumstances, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any rewards you have paid for but not received.
12.4 We only supply the rewards for domestic and private use and 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, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.5 We are responsible to you for loss or damage you suffer that is a foreseeable result of our breaking this contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it would happen. We are not responsible for any loss or damage that is not foreseeable.
12.6 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).
13. Ending the contract
13.1 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;
(b) you do not, within a reasonable time of us asking for it, and in any event before the pledge manager of our campaign closes, provide us with information that is necessary for us to provide the products (as explained in Section 7);
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) you commit any other material breach of this contract.
13.2 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.
13.3 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 rewards, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
14. Consequences of ending the contract
14.1 If a contract under these terms and conditions is cancelled in accordance with Section 13.1 we will cease to have any obligation to deliver rewards which are undelivered at the date of cancellation.
14.2 If we end the contract in the situations set out in Section 13.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract as compensation for the net costs we will incur as a result of your breaking the contract.
15.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
15.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in rewards.
15.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the rewards (other than delivery services).
16. Your data
17.1 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.
17.2 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 but we will not unreasonably withhold such consent.
18. No waivers
18.1 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.
18.2 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.
19.1 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.
19.2 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.
20. Third party rights
20.1 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.
20.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
21. Law and jurisdiction
21.1 These terms and conditions shall be governed by and construed in accordance with English law.
21.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England, save when you are a consumer, in which case this term shall not deprive you from your right to bring proceedings in the jurisdiction where you are habitually resident.
22. Statutory and regulatory disclosures
22.1 These terms and conditions are available in the English language only.
22.2 Our VAT number is GB189304189.
22.3 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.
23. Our details
23.1 We are Steamforged Games Ltd, a company registered in England and Wales.
23.2 Our company registration number is 09091884, and our registered office and principal place of business is at Unit 1 Kestrel Road, Trafford Park, Manchester, England, M17 1SF.
23.3 You can contact us:
(a) by post, using the address given in clause 23.2 above;
(b) using our website contact form at: https://steamforged.com/contact-us-form/;
(c) by telephone, on the contact number published on our website at https://steamforged.com/ from time to time; or
(d) by email, using the email address published on our website from time to time.
Terms and Conditions Edition Updated 15-05-2019