Nocturnal Entertainment Australia

Terms and Conditions

www.nocturnal-central.com and www.flowerworksgame.com (collectively, www.nocturnal-central.com) are websites run by Nocturnal Entertainment Australia (NEA). The services provided on these website are subject to the following Terms and Conditions.
These Terms and Conditions are subject to change. Your use of NEA's websites constitutes your acceptance of these Terms and Conditions.

OWNERSHIP AND USE

Unless otherwise specified, all content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software contained on www.nocturnal-central.com (collectively the “Materials”) is the property of NEA, or its suppliers, and is protected by Australian and international copyright laws. You may access and use www.nocturnal-central.com and the Materials only for your personal and non-commercial use. You may not modify or use the Materials for any other purpose, except with the express written consent of NEA.

Except as provided below, you may not download, reproduce, copy, sell, post, transmit, publicly perform, publicly display or otherwise distribute any Materials on www.nocturnal-central.com. Any software or content made available for download from www.nocturnal-central.com is licensed for use subject to the terms of the applicable license agreement, if any, which accompanies or is included with the software or content. If the software or content is not accompanied by a license agreement, the following terms shall apply: NEA hereby grants to you a personal, limited, revocable, non-transferable license to use a single copy of the software and content on one personal computer or other compatible electronic device, provided that you do not copy, modify, sell, assign, reverse engineer or otherwise attempt to gain access to the source code of the software or content or create derivative works from the software or content.

You may not link to or frame www.nocturnal-central.com or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NEA without obtaining NEA’s express written consent.

You may not use any meta tags or any other "hidden text" utilizing NEA's name or trademarks without the express written consent of NEA. Any unauthorized use terminates the permission or license granted by NEA.

REGISTRATION AND USER ACCOUNTS

You agree to provide true, accurate, current and complete information about yourself when interacting with the purchase and user account functionality of the website and to update your information in order to keep such information current.

OTHER POLICIES AND PRIVACY

Your use of www.nocturnal-central.com is subject to other NEA policies or rules posted on www.nocturnal-central.com. For example, the collection and use of your personal information is governed by our Privacy Policy, which can be viewed at http://www.www.nocturnal-central.com/privacy_policy.php. We reserve the right to make changes to www.nocturnal-central.com, the policies, and these Terms and Conditions at any time.

LINKS TO OTHER SITES

Other websites linked from www.nocturnal-central.com are not under NEA's control and NEA does not assume any responsibility or liability for any communications or materials available at such linked sites. The links are provided for convenience only and NEA does not endorse the content, information or other materials made available via the linked websites. You are solely responsible and liable for any interactions you may have with any linked websites, their sponsors and other third parties, including but not limited to, the delivery or and payment for goods and services, and any other terms, conditions, warranties or representations associated with such interactions. NEA shall not be responsible or liable for any part of any such interactions.

ELECTRONIC COMMUNICATIONS

When you visit www.nocturnal-central.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

TRADEMARKS

The NEA logo and all other trademarks listed here are owned by Nocturnal Entertainment Australia Pty Ltd. or its licensors and may be registered in some countries. Other company and product names appearing on this website may be trademarks of their respective owners and are used for the benefit of those owners.

PAYMENT

All payments for products purchased through www.nocturnal-central.com are made through the PayPal portal, or through redemption of valid coupon codes or gift certificates. NEA does not accept checks, cash or other forms of payment.

You must provide true, accurate, and complete information about yourself and provide a valid, non-fraudulent means of payment. If you provide any personal or financial information that is untrue, inaccurate, or incomplete, or NEA has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, NEA has the right to void related financial transactions, to revoke any associated software licenses resulting from such transactions, and to refer to appropriate authorities the details of such incidents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. If you are a parent or guardian paying on behalf of a minor or other person, then you hereby agree to the Terms and Conditions and agree to take responsibility for the actions of such other person, any charges associated with that person's use of any of the services, software or content provided, and that person's compliance with these Terms and Conditions.

PURCHASE AND REFUNDS

NEA licenses digital products, and as such, it is difficult to provide refunds once the product has been unlocked. As such, if you choose to purchase a license from NEA, you agree that the provision of a refund is at the discretion of NEA. The purchase of a game through NEA's in-game purchasing system is considered your agreement that the game is sufficiently compatible with your computer hardware.

The "gift voucher" functionality does allow for the possibility of refunds, but only before the gift voucher is redeemed.

DISCLAIMER OF WARRANTIES

www.nocturnal-central.com IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF www.nocturnal-central.com OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR DOWNLOADED FROM www.nocturnal-central.com. YOU EXPRESSLY AGREE THAT YOUR USE OF www.nocturnal-central.com IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH INFORMATION, CONTENT, MATERIAL OR PRODUCTS.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM NEA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

NEA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF www.nocturnal-central.com, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, EVEN IF NEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to indemnify and hold harmless NEA, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of or related to your violation of these Terms and Conditions, or your violation of applicable law, rule, regulation or third party right.

APPLICABLE LAW

By visiting www.nocturnal-central.com, you agree that the laws of the state of Victoria, Australia, excluding its conflicts of law rules and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods, will govern these Terms and Conditions. You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Victoria, Australia, for any dispute arising out of or relating to your use of www.nocturnal-central.com.

GENERAL

No delay or failure to take action under these Terms and Conditions shall constitute any waiver by NEA of any provision of these Terms and Conditions. If any provision of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. These Terms and Conditions are personal to you and may not be transferred, assigned or delegated to any third party.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

NEA respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NEA with the written information specified below. Please note that this procedure is exclusively for notifying NEA and its affiliates that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
  • A description of the copyrighted work that you claim has been infringed upon
  • A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable
  • Your address, telephone number, and e-mail address
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. NEA’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

    Nocturnal Entertainment Australia (Pty Ltd)
    Please email for our address