Dig That Gold

Terms and Conditions

Please read the following Terms carefully. If you do not understand these terms or have any questions, please contact us by email: feedback@digthatgold.com.

Last changed: 23 May 2018.

  • 1. Introduction
    • 1.1 These terms create a legal agreement between you (“you” or “your”) and Project Miner Limited (company no. 08903909) trading as Project M (the Developer), The Loom, 14 Gowers Walk, London, E1 8PY, United Kingdom and Playstack Limited (the Publisher), 56A Poland Street, London W1F 7NN, United Kingdom (“we”, “us” or “our”).
    • 1.2 These terms relate to the game Dig That Gold (the “Game”), our website (www.digthatgold.com) (the “Website”) and any related services that we provide (the “Related Services”). In these terms, we refer to the Game, the Website and the Related Services collectively as the “Services”.
    • 1.3 You agree that by accessing or using any of the Services you are agreeing to these terms and also our privacy policy (available at: www.digthatgold.com/privacy) (“Privacy Policy”) (see section 11).
    • 1.4 In order to claim any real gold award, or make any in app purchase, you must be at least 18 years old, or be under the supervision of a guardian who is at least 18 years old
    • 1.5 You can access these terms on our Website at: www.digthatgold.com/terms. We may change these terms from time to time and you agree that by accessing or using any of the Services at any time after such a change you will be confirming your acceptance of the new version of the terms.
  • 2. Accessing and using the Services
    • 2.1 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using the Services. If you are unsure what these charges will be, we recommend that you ask your internet service provider or mobile operator before you access and/or use the Services.
    • 2.2 The Game contains rules of play, including rules relating to progression within the Game, scoring and other controls. These rules are contained in the Game, but they also form part of these terms and you agree that you shall comply with these rules.
    • 2.3 At any time we may change, or may cease to provide, the Game or any other part of the Services for any reason including:
      • (a) for technical reasons;
      • (b) to make improvements to the Services;
      • (c) for legal reasons (for example if we consider that the continued operation of the Services may expose us to the possibility of legal liabilities); or
      • (d) if it ceases to be economically viable for us to continue to provide the Services.
    • 2.4 In addition, from time to time we may need to suspend some or all of the Services for technical issues or to carry out maintenance work. Similarly, it is possible that from time to time the Services may not be available for technical or other reasons outside of our control.
    • 2.5 You agree that we shall have no liability to you if we change or cease to provide the Game or any other part of the Services or if the Services are not available for any reason.
  • 3. Your Account
    • 3.1 You shall take all steps necessary to protect your login details and keep them private. You shall not give your login details to anyone else or allow anyone else to use your login details or account. In these terms, references to “login details” or “account” include your login details and account for any social network or platform that you may allow our Services to interact with.
    • 3.2 If you fail to keep your log-in details private, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorised purchases).
    • 3.3 We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
    • 3.4 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 days or more. In such event, you may no longer be able to access and/or use any Virtual Goods or Virtual Gold (as defined below) associated with that account and no refund will be offered to you in relation to these Virtual Goods.
    • 3.5 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Games and any Virtual Goods or Virtual Gold (as described below) associated with your account).
    • 3.6 You shall not sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Project M (the Developer) or Playstack (the Publisher), or previously been banned from playing any Project M game;.
    • 3.7 You shall use your Account only for non-commercial purposes; you shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone.
    • 3.8 You shall not install the Game from any source other than your local AppStore. Neither Project M (the Developer) or Playstack (the Publisher), nor any affiliated organisation will guarantee the issuing of Award Gold and will not be liable for any non-delivery.
  • 4. Unauthorised Conduct
    • 4.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you prevent or restrict you from accessing or using our Services then you must comply with those laws and either stop accessing or using (or restrict your access and use) to the Services as appropriate in order to do so.
    • 4.2 Unless authorised in these terms, you must not:
      • (a) Create, programme and/or use any software or bot that:
        • (i) Can use, control, play or progress any of the Services independently or automatically; and/or
        • (ii) Allows you to cheat (and/or assists you in cheating) and reduce your input or actions in order to use, control, play or progress your gameplay within the Services; and/or
        • (iii) Otherwise circumvent measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms;
      • (b) Attempt to circumnavigate, exploit or otherwise alter your interaction with the service by:
        • (i) Creating more than one account per device;
        • (ii) Using multiple email addresses to register for more than one account;
      • (c) copy, rent, lease, lend, sell, transfer, sub-licence, loan or distribute (or attempt to do any of the foregoing activities) the Services or an account or part of an account held on the Services including any Virtual Goods or Virtual Gold;
      • (d) attempt to modify, adapt, merge, translate, reverse-engineer, decompile, disassemble, hack, harm or attempt to derive the source code of any aspect of the Services or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
      • (e) create adaptations or derivative works based on the Services;
      • (f) use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
      • (g) ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘PCMs’ (passive collection mechanisms);
      • (h) use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
      • (i) remove or amend any proprietary notices or other ownership information from our Games or any other part of our Services;
      • (j) interfere with or disrupt our Services or servers or networks that provide our Services;
      • (k) disobey any requirements, regulations or security of any network connected to our Services;
      • (l) use our Services in violation of any applicable laws or regulation; or
      • (m) use the Service to present racist, homophobic, sexual or otherwise offensive language or content in situations including, but not limited to; choice of username and, or avatar, and the messaging other users.
  • 5. Virtual Goods
    • 5.1 You may purchase virtual goods (such as tools or outfits) that you can then use within the Game (“Virtual Goods”) only through the payment system of your relevant app store.
    • 5.2 You acknowledge and agree that:
      • (a) by buying an item of Virtual Goods, you simply acquire a limited licence to use that item of Virtual Goods in the Game and you do not acquire any ownership over that item of Virtual Goods;
      • (b) Virtual Goods have no monetary value in the real world, do not constitute or represent real world property of any type and do not reflect any stored value; and
      • (c) Virtual Goods cannot be refunded or accepted following or as part of a purchase, exchange, gift or transfer from another person in the real world; or exchanged, gifted, transferred or sold to another person in the real world.
    • 5.3 You agree that all sales of Virtual Goods are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases. However, when you purchase a licence to use Virtual Goods, the performance of the Services begins promptly once your purchase is complete and therefore your right of withdrawal is lost at this point.
    • 5.4 If you cease to be entitled to use the Services in any of the circumstances referred to in sections 3.4, 4 and 12, then you shall also lose any Virtual Goods that you have purchased and shall not be entitled to any refund or compensation.
  • 6. Payment for Virtual Goods
    • 6.1 The price of Virtual Goods shall be set out within the Services when possible. We reserve the right to adjust the price of Virtual Goods entirely at our own discretion. You are responsible for the payment of Virtual Goods and any associated fees and/or taxes.
      • 6.1.1 The payment system for Virtual Goods shall be provided by your relevant app store and will be subject to their relevant terms and end user licence agreements. We do not control how you pay using those platforms and if your transaction with the relevant app store is not successful then your purchase will not be fulfilled. If you suffer any difficulties making an in-app purchase, please contact your relevant app store.
    • 6.2 We cannot and do not guarantee that all types of Virtual Goods will always be available for purchase and we reserve the right to amend the range of Virtual Goods available.
  • 7. Virtual Gold
    • 7.1 During the Game you will have the opportunity to try to collect blocks or nuggets of virtual gold (“Virtual Gold”) in the manner provided for in the Game from time to time. The number of nuggets available in a block may vary from time to time, including when you are playing the Game. We reserve the right to change the way in which Virtual Gold is allocated and collected within the Game. For example, the number of nuggets within a block may vary from time to time.
    • 7.2 You acknowledge and agree that:
      • (a) Virtual Gold is merely a measurement of score within the gameplay and has no monetary value;
      • (b) Virtual Gold is never an asset or property of the player, and you do not acquire any ownership over an item of Virtual Gold; and
      • (c) Obtaining an item of Virtual Gold does not does not constitute, represent or promise any exchange or redemption into perceived real world value.
    • 7.3 If you cease to be entitled to use the Services in any of the circumstances referred to in sections 3.4, 4 and 12, then you shall also lose any Virtual Gold or Award Gold that you have collected and shall not be entitled to any refund or compensation.
  • 8. Award Gold
    • 8.1 Based upon your progress within the game, including the amount of Virtual Gold you have managed to collect, and your adherence to the Game’s rules, we may at our discretion award you a bar of physical Real 24K Gold Bar (Award Gold). Award Gold is always awarded in 1 gram gold bars. Accepting this award will reset the amount of Virtual Gold you have collected. You will then be able to continue to play with your existing In-Game inventory and progress. You will see in the Game a progress bar to indicate your progress in collecting enough Virtual Gold to be offered an opportunity to be awarded Award Gold. However, this is only an approximate indication and the amount of Virtual Gold required to be offered an opportunity to be awarded Award Gold will vary from time to time based on a number of factors including but not limited to the number of people playing the Game and the fluctuating price of real world gold. We will make every effort to ensure that the allocation of Award Gold operates fairly between all players.
    • 8.2 If you accept an offer of Award Gold, then the provision of Award Gold will be processed by Global Exchange Platform Ltd (company no. 09460371) of 20-22 Wenlock Road, London, N1 7GU, United Kingdom (please see: www.globalexchangeplatform.com). You will need to accept the terms and privacy policy of Global Exchange Platform Ltd in order to receive your Award Gold (www.globalexchangeplatform.com/terms).
    • 8.3 8.3 If you accept an offer of Award Gold, then the provision of Award Gold will be processed by Global Exchange Platform Ltd (company no. 09460371) of 20-22 Wenlock road, London, N1 7GU, United Kingdom (www.globalexchangeplatform.com). Award Gold is always awarded in 1 gram increments. If you accept an offer of Award Gold and have set up an account on the Global Exchange Platform, you will have the option to have your Award Gold delivered to your home, or to hold your Award Gold on account in order claim a larger 5 gram, 10 gram or 20 gram gold bar if there is enough Award Gold in your account.
    • 8.4 You will need to accept the terms and privacy policy of Global Exchange Platform Ltd and create an account in order to receive your Award Gold. Global Exchange Platform Ltd will charge a one-time, subsidised fee of £5 GBP to create an account. This fee must be paid by you the account holder using your own personal bank details so to validate your home address for delivery. (www.globalexchangeplatform.com/terms)

      If you fail to set up an account using your own personal bank details on the Global Exchange Platform within 30 days of being awarded your first Award Gold, your Award Gold will be forfeited.

    • 8.5 The delivery address given to receive your Award Gold must be the residential address to which your Global Exchange Platform account is linked.
    • 8.6 If you fail to set up an account on the Global Exchange Platform within 30 days of being awarded your first Award Gold, your Award Gold will be forfeited.
  • 9. Intellectual Property
    • 9.1 You acknowledge that all copyright, trade marks and other intellectual property laws in the Services (including the graphics, characters, gameplay, user interface, audio and other content) are owned by or licensed to us.
    • 9.2 In exchange for your acceptance of these terms, we grant you a limited right to use the Services on any devices that you own or control (a “Licence”) in accordance with these terms. The Licence is:
      • (a) non-exclusive (which means that we can grant the same licence to other people);
      • (b) terminable (which means that the licence will end automatically in respect of any of the Services that we permanently cease to provide and also subject to express termination by us as provided in section 3.4, 4 and 12);
      • (c) non-transferable (which means that you may not transfer (or attempt to transfer) your account to any other person);
      • (d) for your personal use only (which means you may not use (or attempt to use) the Services for commercial gain);
    • 9.3 You must not copy, distribute, make available to the public or create any adaptation of any part of the Services. In particular, you must not make available any “cheats” or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Goods and/or Virtual Gold, whether on a free of charge basis or otherwise.
  • 10. Third Party Materials and Links
    • 10.1 We may display or link to third party websites or services (“Third Party Services”) from the Services. You acknowledge that:
      • (a) we are not responsible for any of the Third Party Services or for any losses or harm you may suffer due to the Third Party Services;
      • (b) you are responsible for any costs that you incur in relation to the Third Party Services;
      • (c) you understand that when you provide data to Third Party Services you are providing that data in accordance with the privacy policy (if any) applicable to those Third Party Services;
    • 10.2 You acknowledge that the terms of use and privacy policies of other third parties may apply to your use of the Services, including, but not limited to, any relevant terms imposed by your relevant app store when downloading the Game.
  • 11. Privacy
    • 11.1 We are registered with the Information Commissioner’s Office in the United Kingdom. You can find the details of our registration at: www.ico.org.uk.
    • 11.2 Our Privacy Policy (available at: www.digthatgold.com/privacy) explains how we may collect, process and use your personal information. We will only collect, process and use your personal information in accordance with our Privacy Policy. By using the Services, you consent to us collecting, processing and using your personal information in accordance with our Privacy Policy. If you do not agree with our Privacy Policy, then you should not access or use the Services.
    • 11.3 Please note that you may also be subject to the terms and conditions and privacy policy of any social network that you may use to share your use of the Services. If you play the Game and you agree to allow us to interact with a social network, then you are agreeing to us accessing and storing the personal information which that social network shares with us that may allow us to personally identify you. You are also granting us permission to help your contacts on that network connect with you within the game to play socially. This is intended to make the Game more enjoyable for you and others that play the Game on that social network. If you do not agree to these practices you should not allow the Game to interact with your social network.
  • 12. Breach of these Terms
    • 12.1 If you are in material breach of these terms, then we may suspend or terminate your access and use of the Services. If we terminate your access and use of the Services, then we may also delete your account.
    • 12.2 A material breach of these terms includes (but is not limited to) any breach of section 4 and also includes repeated minor breaches.
  • 13. Limitations on our Liability
    • 13.1 We provide the Services with the same skill and care as other providers of similar services. However, we are not responsible or liable for any interruptions or errors that you may experience while accessing our Services and your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of the Services.
    • 13.2 To the maximum extent permitted by law, we shall not have any liability in respect of:
      • (a) losses or harm not caused by your breach of these terms or negligence;
      • (b) losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms (including any losses which are incidental to foreseeable losses);
      • (c) any increase in loss or damage resulting from breach by you of any of these terms; or
      • (d) technical failures or the lack of availability of the Services for reasons that are not within our reasonable control.
    • 13.3 In any event, in so far as permitted by law, the maximum amount of our liability to you shall be limited to the amount of money that you have paid to us in respect of the Services in the period of 180 days before the date of your relevant claim.
    • 13.4 We accept liability for death or personal injury caused by our negligence (including that of our employees and agents), fraud (by us or our agents) or any other liability that may not be excluded by law. It follows that nothing in sections 13.2 or 13.3 or any other section of these terms shall limit or exclude any such liability.
    • 13.5 Nothing in this section 13 affects any additional legal rights which you may have as a consumer.
  • 14. Entire Agreement
    • 14.1 These terms together with our Privacy Policy (available at: www.digthatgold.com/privacy) constitute the entire agreement between you and us in respect of your use of the Services. These terms supersede any previous agreement or understandings between you and us.
    • 14.2 These terms solely govern your relationship with us and do not create any rights for any other person unless expressly stated in these terms. You may not transfer any of the rights we give you under these terms unless we expressly agree in writing.
  • 15. Transferring these terms
    • 15.1 We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do this provided that the transfer does not significantly disadvantage you.
  • 16. Severability
    • 16.1 If any part of these terms is unenforceable, then it will not affect the enforceability of the remainder of these terms. Furthermore, you and we agree to interpret these terms to reflect our intentions as far as possible.
  • 17. Waivers
    • 17.1 If you or we delay or fail to exercise any right that you or we may have under these terms, then the delay or failure does not mean that you or we lose that right. If you or we only partially exercise a right or only exercise it once, then that will not restrict you or us from exercising it again in the future. Any waiver of any rights shall only be effective if it is in writing and signed by us.
  • 18. Dispute resolution
    • 18.1 These terms are governed by and interpreted in accordance with the laws of England and Wales.
    • 18.2 If there is a problem, please contact us by email: feedback@digthatgold.com. However, in the unlikely event of a dispute, the courts of England and Wales shall have exclusive jurisdiction.
  • 19. Questions and Feedback
    • 19.1 If you have any questions about these Terms or our Privacy Policy, please contact us by email: feedback@digthatgold.com.
    • 19.2 We welcome feedback from you in relation to our Services and Website. Please note that when you provide us any feedback, such as a comment, suggestion or game idea, you agree to assign all your rights in your feedback to us so that we are the exclusive owners. We may use your feedback at our discretion without any notice or compensation to you.

The Game ‘Dig That Gold’ is operated by Project M (the Developer) and Playstack (the Publisher) and is not affiliated with or sponsored by any app store.

Apple is neither a sponsor nor an award provider for ‘Dig That Gold’. No Apple products are provided as awards from the Game.