These Terms and Conditions (“Terms and Conditions”) cover the terms and conditions for all purchases of products or services, including software and video games (whether in a physical storage medium or digital download), additional or downloadable content, collectibles such as figurines, toys, books, t-shirts and other accessories (collectively, the “Products”) available on the Square Enix Store accessible at https://eu.store.square-enix-games.com/ (the “Store”). The Store is owned, controlled, or operated by or for Square Enix Limited or their subsidiaries (we refer to ourselves in these Terms and Conditions as “Square Enix,” “we,” “us,” and “our”).
You must affirmatively consent to these Terms and Conditions by checking the box and clicking the Place Order button. If you do not agree to all of the terms in these Terms and Conditions, you are not permitted to place an order on the Store.
Please read these Terms and Conditions carefully, and take particular care in reviewing.
1. Your Use of the Store.
1.1. Region. These Terms and Conditions form a legal contract between you, the person who makes purchases from the Store (“you”, “your”, or “Customer”) and the Square Enix entity for your geographical region identified below:
Please note, you may not use or place an order on the Store if you are located in a territory in which use of and/or placing orders on the Store is prohibited by your local law.
1.2. About these Terms and Conditions. By placing an order on the Store, or by otherwise indicating your acceptance of these Terms and Conditions, you agree to be bound by these Terms and Conditions. These Terms and Conditions may be modified at any time, but any modifications will not apply to any order already placed on the Store, and any information on the Store may be modified, suspended or discontinued, in whole or in part, at any time. If you do not agree and consent to these Terms and Conditions, please do not place an order on the Store.
1.3. Age Restrictions. To accept these Terms and Conditions, you must be and confirm that you are of the legal age of majority in your country of residence or 18 years of age (whichever is older) . If you are under the legal age of majority in your jurisdiction or 18 years of age (whichever is older), your parent or legal guardian must consent to these Terms and Conditions on your behalf. If you are the parent or guardian of children under the age of majority in their jurisdiction or 18 years of age (whichever is older), you agree that you will be responsible for all purchases made on the Store by your child whether or not such purchases were authorised by you. You are legally and financially responsible for all actions using or accessing the Store, including the actions of anyone you allow to access the Store or Square Enix Members account.
1.4. Third Party Services. Use of the Store and Products purchased on the Store may also provide access (paid or unpaid) to content, software, products, platforms, and services operated by companies or entities other than us (“Third Party Services”). If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk, and you understand that by using the Store and Products purchased on the Store you are directing the applicable company or entity to make Third Party Services available to you. You are responsible for your dealings with third parties. When you use the Store or Products to access Third Party Services, the applicable terms of these Terms and Conditions and any applicable usage terms associated with the Third Party Services will govern your use of that Third Party Service. We do not endorse any Third Party Services made available or marketed on or through the Store or Products. We do not license any intellectual property to you as part of any Third Party Services and are not responsible or liable to you or others for information or services provided by any Third Party Services or for the results obtained from using them.
2. Square Enix Members Account.
2.1. Registration. To make a purchase on the Store, you may be required to register a Square Enix Members account (“Square Enix Members account”). When creating a Square Enix Members account, in addition to these Terms and Conditions, you will also be requested to accept the terms and conditions of the Members Rewards Program (“Members Rewards Program”). To create a Square Enix Members account, you will be asked to provide your date of birth and country/region, and then provide an email address, a username, name and a password (to see how we process your personal data please refer to our privacy policy available here). You must provide accurate, current and complete information about you. When you provide us with your information, we will be allowed to contact you by email to verify your email address linked to your account and complete the sign-up process. We have the right to deny the creation of any Square Enix Members account for any legitimate reason.
2.2. Use of Your Square Enix Members account. You must keep your Square Enix Members account username and password secret. Your Square Enix Members account (including all contact and billing information) is strictly personal and you may not sell, transfer, share, or allow others to use your Square Enix Members account, username, or password. You agree to notify us as soon as possible if you suspect any unauthorised use of your Square Enix Members account. We are not responsible for the use of your Square Enix Members account, username, password or for all of the communication and activity on the Store that results from use of your username and password by you, or by any person to whom you may have disclosed your username and/or password in breach of these Terms and Conditions, regardless of whether such disclosure was intentional or negligent.
2.3. Termination of Your Square Enix Members account. You may terminate your Square Enix Members account at any time, e.g.by contacting the applicable customer support center for your Region (as set forth below in Section 13.4) or by using any other communication methods allowing text form (e.g. e-mail). If we believe your Square Enix Members account has been compromised, we may take actions to protect you and us. Such actions may include resetting Square Enix Members account passwords and/or canceling, suspending, or restricting Square Enix Members account activities or access. We reserve the right to terminate your Square Enix Members account with a notice period of at least 1 month prior to the effectiveness of the termination. We can also terminate your Square Enix Members account immediately upon notice if you are in breach of these Term. This does not affect our right to termination for cause without a notice and if we, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, e.g. if you breach these Terms and Conditions and you have not rectified the problem upon our notification or if the breach is so serious that it justifies immediate termination, or (b) we close the Store. If your Square Enix Members account is terminated, whether by you or us, you must refrain from using the Square Enix Members account and we may restrict or block your access to your Square Enix Members account immediately and your information associated with your Square Enix Members account may be deleted or otherwise disassociated from you and your Square Enix Members account (unless otherwise required by law to retain, return, or transfer it to a third party designated by you). You have the right to request that we make available any content other than personal data, which was provided or created by you when using the Square Enix Members account free of charge within a reasonable time after termination in a commonly used and machine-readable format, provided that the content (i) has utility outside the context of the Square Enix Members account, (ii) does not only relate to your activity when using the Square Enix Members account, (iii) has not been aggregated with other data by us and can be disaggregated or only with proportionate efforts or (iv) has not been generated jointly by you and others, and other consumers are not able to continue to make use of the content.
3. Orders.
3.1. Your Orders. When clicking “Place Order” (a) you or your parent or legal guardian agree to be bound by these Terms and Conditions and (b) you promise that you have provided true and accurate information during the ordering process, and (c) you acknowledge that you have reviewed your order and authorise us or our Payment Processor(s) to process your payment method and charge you for your order. The Products on the Store are subject to availability, do not constitute an offer by us, and may be removed or revised by us at any time before we accept your order. Your order request will be transmitted to us when you click “Place Order”.Your order is a binding offer by you to us to purchase the Product(s) in the order at the price and delivery terms stated in the order, and such offer is subject to our acceptance. When you place an order on the Store through our website, we will be allowed to: (i) use of electronic communications to enter into contract(s) of sale, and (ii) send confirmation notices, sales invoices, and records of transactions electronically. Electronic notices may be available in your Square Enix Members account. If you do not have a Square Enix Members account, do not have access to your electronic notices, or would like to receive a copy of an electronic notice, we may be able to provide you with copies if you contact the customer support center for your Region (as set forth below in Section 13.4).
When your offer is accepted, we will be allowed to send you confirmation notices, sales invoices, and records of transactions by email. Such information may also be made available in your Square Enix Members account. If you do not have a Square Enix Members account or if you would like additional copies of the above information, we may be able to provide you this information if you contact the customer support center for your Region (as set forth below in Section 13.4).
3.2. Order Acceptance. After you place an order, the Store will display a confirmation message and you will receive a confirmation email that we have received your offer to purchase; this is an acknowledgement of your order and not an acceptance of your offer by us. We accept your offer by emailing you a purchase confirmation notice which is our acceptance and confirms that a binding, contract for the applicable Product(s) in your order will be formed between you and us. We may cancel any pending orders (and any portion of an order for more than one Product) for any legitimate reason and at any time before our acceptance. We may also require additional information from you before accepting your order. If we accept your order, we will email you a purchase confirmation notice providing relevant details on the purchase and a binding contract will form between you and us. If we are unable to accept your order because a Product is not available, we may notify you when it becomes available again (subject to your consent).
3.3. Order Cancellations. Once you place an order, your orders cannot be cancelled (notwithstanding your right of withdrawal as outlined in Section 6 below) or changed online. Please contact the customer support center for your Region (as set forth below in Section 13.4) if you have any questions concerning your order. If you are unable to pay for your submitted orders, you fail to pay any amount by the due date, you breach these Terms and Conditions, or you have engaged in any fraudulent or criminal activity in connection with your use of the Store, or if we are unable to process payment to the payment method you provided, then we may take any actions we deem necessary to prevent, respond to, or investigate any actual, attempted, or alleged delinquent, fraudulent, deceptive, or illegal activities. For example, if you did not rectify the problem upon our notice, we may cancel the affected contracts between us and you, stop any Products in transit to you, suspend any ongoing deliveries, and/or notify law enforcement (or another appropriate government agency).
4. Payment Terms.
4.1. Pricing. Prices and discounts available on the Store are subject to change at any time but such price changes will not affect any orders you may have already placed.
4.2. Charges. By placing an order you, or your parent or legal guardian, agree to pay for all charges for orders, and for orders made through your Square Enix Members account (including unauthorised charges).You may pay for an order using only the payment methods displayed on the Store at the time of purchase, and we may change the acceptable payment methods at any time at our sole discretion but such changes will not affect any orders you may have already placed. You agree to provide accurate and complete payment information to us or our third party payment processor(s) (“Payment Processor(s)”). You further agree that you are the authorised user of the card, PIN, key, account or other payment method we may identify as acceptable associated with charges for your orders and/or to your Square Enix Members account. You agree that you will not use IP proxying or other methods to disguise the place of your location, whether to circumvent geographical restrictions on Products, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, we may refuse to fulfill your order, suspend access to your Square Enix Members account, and/or take any other actions necessary in accordance with these Terms and Conditions or applicable law.
4.3. Shipping and Handling and Other Charges. Prices for Products on the Store do not include shipping, and handling, or expedited services, if applicable, which will be made known to you and then added to your total price during the ordering process. You are responsible for paying any shipping and handling charges and any other charges added at the time you complete a transaction. You are responsible for all bank fees related to any transactions or failed transactions (e.g., chargebacks from your bank or credit card provider) initiated by you, including domestic and international transaction fees.
4.4. Customs. Products ordered for delivery may be subject to import duties and taxes levied on the package when it reaches the delivery location. You are solely responsible for any additional charges for customs clearance, we have no control over these charges, and we will not be liable to you for any such charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Please be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
4.5. Pre-Orders. For certain Products which are in development and not yet available for dispatch, we may make such Products available on the Store for pre-order. We may charge you the full price of the Product when we accept your pre-order. If we are unable to accept your pre-order because a Product will not be available or is delayed, we may cancel your pre-order and/or notify you when it may become available for pre-order again (subject to your consent).
5. Delivery.
5.1. Dispatch. We will only dispatch Products once we have received payment in full for the relevant Products in orders accepted by us. For digital products (see Section 6 below for examples on the different categories, henceforth “Digital Products”), you will receive a link in the purchase confirmation email directing you to the Product’s key and allowing you to unlock and download your Digital Product.
5.2. Delivery Address. We will make any delivery restrictions clear at the start of the ordering process, and orders may not be accepted for delivery to certain addresses and territories. Your order will be delivered to the valid address you provide during the ordering process. Please check the delivery address on any order acknowledgement or purchase confirmation we provide and notify us of any errors as soon as possible. If you change your delivery address after you submit an order, we reserve the right to cancel your order and/or notify you of any extra costs.
5.3. Shipping. We will ship Products you purchase via the shipping service of our choice during the ordering process. We will send you a shipping confirmation email with order information and tracking details. We will use commercially reasonable efforts to dispatch the Product for delivery within the timeframe indicated on your purchase confirmation. If for any reason we are unable to meet the delivery date, we will inform you of this and give you the option to proceed with the purchase by setting a new delivery date, or, to cancel the order with a full refund of the price paid.During busy times, such as holiday periods and periods of inclement weather, there may be additional processing and shipping delays. At our discretion, we may choose to halt, or, alter, the delivery of an order, even though it is in the hands of a delivery agent or shipping company. We may do this as a service to customers or in cases where we suspect fraud.
5.4. Risk of Loss. Unless otherwise set forth in these Terms and Conditions, risk of loss of or damage to the Products passes to you upon delivery. Delivery takes place: (a) for digital Products, when you receive the download link or license key in the purchase confirmation email or other electronic delivery method, (b) for physical Products, when the Product comes in your physical possession.
6. Right of Withdrawal and Returns Policy.
6.1. Right of Withdrawal. If you are a consumer in the United Kingdom, European Union or the European Economic Area, you have a statutory right of withdrawal in accordance with the following:
6.1.1. For the sale of physical Products (“goods”) such as books, plushies, unopened boxed software:
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (Square Enix Limited (Co. No. 01804186), 240 Blackfriars Road, London, SE1 8NW United Kingdom, email: store-support@eu.square-enix.com, customer support center: https://support.square-enix-games.com/s/store) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email, or contact our customer support center). You may use the below model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
We will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
6.1.2. For purchasing digital content such as downloadable games, downloadable game content (e.g. DLC) or Online Game Time Code:
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Square Enix Limited (Co. No. 01804186), 240 Blackfriars Road, London, SE1 8NW United Kingdom, email: store-support@eu.square-enix.com, customer support center: https://support.square-enix-games.com/s/store) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email, or contact our customer support center). You may use the below model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
6.1.3. For purchasing digital services such as Game Time Codes and your Square Enix Members account:
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Square Enix Limited (Co. No. 01804186), 240 Blackfriars Road, London, SE1 8NW United Kingdom, email: store-support@eu.square-enix.com, customer support center: https://support.square-enix-games.com/s/store) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email, or contact our customer support center). You may use the below model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
6.2. Model withdrawal form. You can find the model withdrawal form below in Annex 1.
6.3. Exclusions of the right of withdrawal. The statutory right of withdrawal does not apply to (a) Products which were made to your specifications, or clearly personalised; (b) Products which were sealed that are not suitable for return for health protection and hygiene purposes and were unsealed after delivery;(c) Products which were sealed and are audio or video recordings or sealed computer software which were unsealed after delivery.
6.4. Incorrect Order or Faulty Products; Statutory Warranty. If the Product is not in conformity with the contract, e.g. if you received the wrong Product, a Product not as described to you, or a Product that is faulty or defective, you may reject the item in accordance with statutory warranty laws. The customer support team for your Region can provide you with further instructions on how to return your order and may ask for additional information. We reserve the right to verify and independently test any items returned as faulty. If we verify that the item returned is wrong or faulty, you may request an exchange or refund. We will only be able to process exchanges if the Product is available in stock to replace the item. If we are unable to exchange an item, or refuse to repair or replace an item, we will issue a refund.
6.5. Loss of the right of withdrawal. You may have lost your right of withdrawal in case of (a) services, including digital services, after the service has been fully performed but, if the contract placed you under an obligation to pay a price, only if the performance has begun with your prior express consent and acknowledgement that you will lose your right of withdrawal once the contract has been fully performed by us; or (b) the supply of digital content which is not supplied on a tangible medium if the performance has begun and, if the contract placed you under an obligation to pay a price, if you have provided prior express consent to begin the performance during the right of withdrawal period, you have acknowledged that you hereby lose your right of withdrawal and if we have provided you with a confirmation on a durable medium within a reasonable time after the conclusion of the contract in accordance with applicable laws.
7. Software License.
7.1. Limited License. If a Product is or includes software (“Software”), the Software is licensed to you, not sold, under a limited, non-exclusive, cancellable, personal, and non-transferable licence, in each case for your personal, non-commercial use only and subject to any other license agreement or terms included with such Software or presented during checkout or software installation process (“Additional License Terms”). In case of a conflict between these Terms and Conditions and any Additional License Terms, the provisions in the Additional License Terms shall prevail.
7.2. Scope of License. The limited license to the Software (i) does not give you any ownership of, or any other intellectual property interest in, any part of the Software, and (ii) lasts for the duration of this contract or any Additional License Terms, whichever is later. Your unauthorised use of the Software may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
7.3. Restrictions. If you use the Software, you must not do any of the following: (i) breach any applicable law or regulation; (ii) use the Software for commercial or political purposes; (iii) copy, bypass or try to bypass DRM systems, technical protection measures or the technical restrictions applied to the Software, scrape and crawl data, information and contents of any kind (directly or indirectly, manually or through the use of computer-based software and machines), reproduce, redisplay, reverse engineer, decompile (except under applicable legal exceptions under EU Directive 2009/24), hack, or modify the Software, including any server or network used to provide the Software (except to the extent enforcement of the foregoing is prohibited by applicable law); (iv) access or attempt to access an account that does not belong to you; (v) interfere with another user’s use of the Software; (vi) cheat or create an unfair advantage in the Software or any other Square Enix games or services; (vii) create, develop, modify, distribute, use, promote, advertise, sell, commercialise, or otherwise exploit any unauthorised software, service, tool, or scheme to cheat or create an advantage in any offline, online, or multiplayer modes of the Software or any Square Enix games or services; (viii) interfere with any security feature of the Software; (ix) use an unauthorised server to emulate or access the Software; (x) intercept, mine, or collect information from the Software or its users without authorisation; (xi) violate the intellectual property rights or other rights of Square Enix or others; or (xii) remove any trademark, copyright, or other intellectual property notice. We may immediately suspend or terminate your access to the Software if you violate any of these restrictions.
7.4. Ownership. All right, title, and interest in and to the Software is the property of Square Enix or our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent permitted by applicable law.
8. Governing Law and Venue. Except as stated otherwise, these Terms and Conditions will be governed by and resolved in accordance with the following:
9. Warranties
9.1. Commercial Hardware Warranty. This Commercial Hardware Warranty is a commercial guarantee which is in addition to, and does in no way limit or exclude, your mandatory statutory warranty rights which are available to you free of charge. We (Square Enix Limited (Co. No. 01804186), 240 Blackfriars Road, London, SE1 8NW United Kingdom) warrant to the original consumer purchaser and any subsequent consumer purchaser of the Software that the physical storage media containing the Software (the "Goods") will be free from defects in material and workmanship for 90 days from the date of purchase under normal use. If the Goods are found to be defective within 90 days of the original purchase, we agree to replace, free of charge, the applicable defective Goods, upon our receipt of the Goods (postage paid, with proof of the date of purchase) so long as the Goods are still being manufactured by us. If the Goods are no longer available, we retain the right to substitute similar goods of equal or greater value. This warranty is limited to the Goods, as originally provided by us, and is not applicable to normal wear and tear. This warranty shall not apply if the claimed defect arises through abuse, misuse, mistreatment, or neglect of the applicable Goods. This Commercial Hardware Warranty is a voluntary/ conventional guarantee. If you live in the European Union or other country that provides statutory guarantees, this Limited Hardware Warranty does not limit in any way the statutory guarantee offered by the consumer law applicable in your country as a protection against faulty goods, or goods that don't look or work as advertised. Please contact the customer support center in your Region for assistance with the limited warranty above.
9.2. Conformity. You are entitled to corrective measures, free of charge, in case of lack of conformity of the goods you purchase. We offer warranties on the products that we market through this website, in the terms legally established for each type of Product, responding, therefore, for the lack of conformity of the same that is manifested within three years from the delivery of the Product (two years in the case of software). The products are deemed to be in conformity with the contract provided that (i) they conform to the description provided by us and possess the qualities that we have presented on our website, (ii) they are suitable for the uses for which products of the same type are normally intended and (iii) they present the quality and performance that are customary for a product of the same type and that are reasonably expected. In this regard, if any of the products are not in conformity with the contract, you must notify us by contacting us as indicated below and by any of the means of communication provided for this purpose.
You are solely responsible for proceeding with the installation of the products you purchase according to the instructions provided to you at all times. You are also responsible for installing the product updates notified to you from time to time. In the case of acquiring products of which we are their owners and marketers (not acting as intermediaries) we will inform you of the availability of each update and we will provide you with the relevant instructions for carrying out each update.
Please contact the customer support center in your Region for assistance with the conformity above.
10. Limitations of Our Liability.
We are liable in respect to these Terms and Conditions and our contractual relationship for direct damages resulting from violation of our contractual obligations.
Unless caused by our negligence or own breach, we are not responsible for: (a) any use by you of a Product which isn’t authorised by us under these Terms,including loss of profits if you attempt to use or display a Product for any commercial purpose; (b) any malfunction or interruption to a Product due to circumstances outside of our control that prevent us from fulfilling our obligations to you, or that can be considered a “force majeure event” under local law (where applicable). This could be due to things such as: (i) lightning, flood, severe weather, fire, explosion, terrorist activities, epidemic, pandemic, riots, war, anything done by a government or other public authority, or strikes or other industrial action; or (ii) other actions of third parties we do not control; (c) any lack of functionality or failure to provide any part of a Product, or any loss of content or data that is due to: (i) malfunctions or faults in your chosen equipment, devices, operating system or internet connection (including malware, viruses or bugs originating from third parties or on any of your devices); (ii) your failure to download or install any update or the most recent published version of a digital Product in order to benefit from new or improved features and/or functionality where we have informed you within a reasonable time about the update, explained the consequences of failing to install it and provided installation instructions; and (iii) your failure to download or install any update or the most recent published version of a digital Product in order to meet any compatibility requirements where we have informed you within a reasonable time about the update, explained the consequences of failing to install it and provided installation instructions.
11. Termination.
11.1. Ordinary termination rights. You have the right to use and access the Store and your Square Enix Members account under these Terms and Conditions for an indefinite period of time. We have the right to terminate your access to any aspects of the Store or your Square Enix Members account at any time with a notice period of 1 month. You have the right to terminate your Square Enix Members account at any time without a notice period.
11.2. Extraordinary termination rights. The right of both parties to extraordinary termination for good cause shall remain unaffected. Good cause exists if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
11.3. Termination or suspension. We may end or suspend your right to access to any aspects of the Store or your Square Enix Members account if you have breached these Terms and Conditions despite having been warned by us, if you use the Square Enix Members account or any aspects of the Store fraudulently, illegally or in any manner other than for its intended purposes, or if we are under a legal obligation to do so. We will inform you in advance if we decide to end or suspend your right to access the Square Enix Members account or any aspects of the Store unless we take such action due to a legal obligation that does not include an obligation not to inform you in advance or if this is not possible as we are obliged to take immediate action. In such cases, we will inform you immediately afterwards or when legally possible. We will restore access to the Square Enix Members account or any aspects of the Store without delay if you have provided valid reasons that our action was not justified.
12. Changes to these Terms and Conditions; Changes to Products and the services
12.1. Changes to these Terms and Conditions.
12.1.1. We may change and modify these Terms and Conditions with effect for the future if there is a valid reason for the amendment and insofar as the changes are reasonable taking into account the interests of both parties.
12.1.2. A valid reason exists in particular if the changes are necessary due to a disruption of the equivalence relationship of the contract to a significant extent that was unforeseeable for us at the time of the conclusion of the contract, or if they are necessary for continuing the performance of the contract due to changes in case law or legislation.
12.1.3. This does not include any changes or modifications to a main performance obligation.
12.1.4. We will send you the amended Terms and Conditions in text form before the planned entry into force and will indicate the new provisions and the date of entry into force. At the same time, we will grant you a reasonable period of at least six weeks to declare your objection to the amended Terms and Conditions.
12.1.5. If you do not object to the proposed changes within this period, which begins to run from your receipt of the notification in text form, the amended Terms and Conditions shall be deemed to have been agreed.
12.1.6. We will inform you about this legal consequence, i.e. the right of objection, the objection period and the significance of silence, at the beginning of the period.
12.2. Changes to Products made accessible over a period of time.
12.2.1. Where our Products are Digital Products, and we make them accessible to you only over a period of time, we may temporarily restrict the use of the Digital Products if this is necessary with regard to the security, integrity and capacity limits of the Digital Products or to carry out technical measures such as maintenance work. We will take your legitimate interests into account and inform you of restrictions reasonably in advance.
12.2.2. In addition, we may regularly make changes to the Digital Products and its functionalities if the change is solely for your benefit or we have valid reasons which require such changes, in particular (i) to ensure compliance with applicable laws and/or reflect changes in relevant legislation, case law and regulatory requirements; (ii) to fix bugs, implement technical adjustments and make improvements, such as adapting the Digital Products to a new technical environment, transferring the Digital Products to a new hosting platform, or ensuring compatibility with the devices and software we support; (iii) to upgrade or amend the Digital Products, including ending support for older versions or its compatibility with certain devices, or releasing a new versions; (iv) to alter the structure, design or layout of the Digital Products, including changing the name of the Digital Products or re-branding, or amending, improving and/or expanding the features and functionalities available; (v) to maintain the operability of the Digital Products; (vi) to adapt the Digital Products to changing market conditions, such as increased user numbers; (vii) for security reasons; and (viii) for anti-piracy reasons.
12.2.3. All changes are made without additional cost to you.
12.2.4. If we make changes as specified in Section 12.2.2 and these are changes which will negatively impact your access to or use of the Service in more than a minor way ("Significant Change"), we will give you at least six weeks' notice by email ("Change Notice"). The Change Notice will contain a description of the changes, the date on which the Significant Change will be made and information about your rights as described below.
12.2.5. In the event of a Significant Change, you have the right to terminate the contract free of charge within 30 days. This period begins once you received the Change Notice. If the Significant Change is made after you have received the Change Notice, the period shall only start to run from when the change comes into effect.
12.2.6. These Terms and Conditions shall apply accordingly to any changes made and to the use of the Digital Products after any changes.
13. Miscellaneous.
13.1. Assignment. You agree that we may assign these Terms and Conditions, in whole or in part, at any time without notice to you, if it is not detrimental to your rights under these Terms and Conditions. If our assignment leads to a change of us as the contracting party, you have the right to terminate this contract. You may not assign your rights or obligations under these Terms and Conditions or transfer any rights to use your Square Enix Members account. This does not apply to any monetary claims you may have against us (apart from monetary claims arising from payment service framework agreements) or for other rights which you may have if we have no interest worth protecting in the exclusion of assignment, or, your legitimate interests in the assignability of the right outweigh our interest in the exclusion of assignment.
13.2. Salvatory clause. If any provision of these Terms and Conditions becomes unenforceable the remainder of the contract shall remain effective, provided that the unenforceable clauses are not core provisions of these Terms and Conditions. Insofar as the provisions have not become an integral part of the contract or are ineffective, the content of the contract shall be governed by the statutory provisions. The contract shall be ineffective if adherence to it would constitute an unreasonable burden for one of the contracting parties.
13.3. Post-contractual obligations. Any terms that by their nature apply after these Terms and Conditions ends shall survive, including rights and licenses you grant to Square Enix, limitations of liability, and provisions regarding jurisdiction, and choice of law.
13.4. Customer Support. For questions and other customer service requests, please contact the relevant customer service center below:
13.5. Feedback. If you post, send, or submit content, unless we indicate otherwise in writing, Square Enix shall have the perpetual, worldwide, non-exclusive, royalty-free, and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly display such content and the first name (or pseudo, except authorised by you to submit a full name)that you submit in connection with such content on our websites, for a duration of two (2) years after submission of your Feedback, being specified that we will not remove any public posted content at the expiration of such a time period.
Annex 1
Model Withdrawal Form:
(Complete and return this form only if you wish to withdraw from the agreement.)
— To
Square Enix Limited (Co. No. 01804186), 240 Blackfriars Road, London, SE1 8NW United Kingdom
Email: store-support@eu.square-enix.com— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the sale of the following goods (*) / provision of the following service (*)
— Ordered on (*)/received on (*)
— Order Number(s)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this form is notified on paper)
— Date
(*) delete as appropriate.