Cookies, Terms & Conditions

Competitions run on the Fund Hub are subject to the Terms and Conditions applicable to those competitions. The Terms and Conditions for a particular competition can be found by following the link on the relevant competition page and may also be viewed below the information on ‘Cookies’.

 

What are cookies?
A cookie is a small text file that is stored on your computer. It allows us to save information about your user (e.g. your username) to recognize you while you visit our site. Other sites can’t access this information.
For example: if you click on “remember me” during log-in, the next time you visit, you don’t have to log in again, but the system can do so automatically, as it stored the required information on your computer.

 

What kind of cookies does Fund Hub use?
1. Session ID cookie
This is a cookie absolutely required to use the site. We create a session for your user when you visit our site. The session of your user is active only for a few hours when you visit the site. With every visit a new session is generated for security reasons.
This session is saved on our server, not accessible to anyone else. It contains your username, your encrypted password and your IP address.
The cookie only contains the session ID, so our server can access these information. It is a mandatory cookie for being able to use our site. Without it, you would have to log-in every time you clicked a link on our page.
This cookie is valid only for a few hours (its expiry date will be extended as long as you browse the site, so the specific duration of the cookie depends on how long your stay on our page).

2. User information cookie
This cookie is optional and will only be stored on your computer, if you explicitly choose to do so by clicking “remember me” during the login process.
It will then store an encrypted cookie on your computer that contains the username and password. This allows our site to log you in automatically the next time you visit us.
It is only saved on request and will be stored 1 year for up to one year. It will be deleted if you log out of your Fund Hub account.

3. Tracking cookie (Google)
This tracking cookie is solely used for statistics.
It helps us to improve our site and your user-experience. The cookie is being stored by Google Analytics, a service we used to monitor our visitors.
The cookie stores a couple of information on you, such as your last visit time, where you came from etc.
However, we respect your privacy and have taken a number of precautions to ensure your privacy stays unharmed.
Firstly: Google can’t in any way access your Fund Hub account information, not even your username.
Secondly: We have set our Google Analytics implemention up, so that your IP is anonymized and thus it becomes impossible to tell which user exactly visited our site. We only need the cookie to make sure we don’t record users multiple times.
Furthermore we decided against Googles recommendation of storing this cookie for 2 years. We think that is unreasonably long, hence we limited the cookie duration to 90 days.

 

What if I decide I do not want the cookies anymore?
You still have, at any time, full control over all the cookies saved.

If you wish to visit our site, but don’t want to be tracked by Google, you can install the Google Analytics Opt-out Browser addon.
This also works for any other site using Google Analytics, so you may want to consider this, if you don’t wish Google to store any information about you: http://tools.google.com/dlpage/gaoptout?hl=None

Should you want to find out how to manually delete cookies on a particular browser, please visit: http://www.aboutcookies.org/Default.aspx?page=2

 

I’m fine with cookies, but I don’t want the Google cookie, is this possible?
Yes. If you wish to visit our site, but don’t want to be tracked by Google, you can install the Google Analytics Opt-out Browser addon.
This also works for any other site using Google Analytics, so you may want to consider this, if you don’t wish Google to store any information about you: http://tools.google.com/dlpage/gaoptout?hl=None

 

Can I visit Fund Hub without cookies?
Yes and no.
Yes, you can visit it and browse all of our information.
No, you can’t log-in nor participate in any of our competitions. Unfortunately for our page to fully work, we do require the use of cookies.
You can however visit our page without the Google cookie (see “I’m fine with cookies, but I don’t want the Google cookie, is this possible?”).

Although theoretically we could make our page work entirely without cookies, this would also provide potential security risks for you.
We simply do not want to compromise on our users security at all.

 

In summary, which information does Fund Hub store in a cookie?
Your session id (a new one is generated every time you visit us)
Your username and your password (only if you click on “remember me” during log-in)
Your IP address, the time of your last visit, which site you came from (anonymized by us and stored by Google, see details: http://www.google.com/analytics/learn/privacy.html)
The fact that you accepted the use of cookies (only if you do accept)

 

 

TERMS OF USE OF THE SERVICES

1.             INTRODUCTION: KEY DEFINITIONS AND WHAT MAKES UP YOUR TERMS OF USE

1.1           The following definitions are used in these terms and conditions:

Bonus Terms” means any terms and conditions and/or rules with regard to promotions, bonuses and special offers which may apply to any part of the Services from time to time

Your Contact Details” are as defined in paragraph 4

Download Terms” means any additional end user terms and conditions of use which You are required to confirm Your agreement to as part of the download and/or installation of any software which You may download in order to be able to use the Website, including the End User Licence Agreement which can be found in the Appendix of these General Terms

“Game” means any game or game activity provided through the Website

General Terms” means the terms and conditions set out in this document

Privacy Policy” means the Promoter’s privacy policy accessed via the Privacy Policy link

“Promoter” means Euro Cadabra Limited, a company registered in Scotland with registered number 388369 and having its registered office at 60 Bank Street, Kilmarnock, KA1 1ER, or such other person as Euro Cadabra Limited may from time to time nominate as the Promoter for the purposes of these terms and conditions

Rules” means the rules specifically applicable to the relevant type of Game, as identified in more detail in paragraph 1.3.1 and 1.3.2

Services” means, as appropriate, the services offered for the time being by the Promoter through the Website, including the purchase of Tickets and the playing of Games

Terms of Use” means (a) the General Terms, (b) the Privacy Policy and (c) where appropriate under paragraph 1.3, the relevant Rules and Bonus Terms applicable to the Services that are being used by You and (d) any Download Terms

“Ticket” means the ticket or other means of access required to be eligible to participate in any Game

“You”/”Your”/”Yourself” means the the person who accesses the Website and uses the Services.

1.2           By using and/or visiting any section of the Website, or by opening an account with the Promoter through the Website or through accessing the Services or acquiring (by any means) a Ticket or playing any Game, You will be deemed to have read and understood and You agree to be bound by the Terms of Use and You accordingly: (a) agree to the use of electronic communications in order to enter into contracts; and (b) waive any applicable rights or requirements which require a signature by hand, to the extent permitted by any applicable law. The Terms of Use do not affect Your statutory rights.

1.3         In addition, where You play any Game using the Services, You agree to be bound by:

1.3.1      the Rules of any Game You play (“Game Rules“), set out in the relevant Rules tab; and

1.3.2      in respect of any new Games, the rules applicable to such Game;

1.3.3      any Bonus Terms; and

1.3.4      any Download Terms.

1.4           The original text of the Terms of Use are in English and any interpretation of them will be based on the original English text. If the Terms of Use or any documents or notices related to them are translated into any other language, the original English version will prevail.

1.5           In the event that there is any specific conflict or inconsistency between any of the individual parts of the Terms of Use making up Your contract with the Promoter, the order of precedence shall be as follows:

1.5.1       the Bonus Terms;

1.5.2       the Game Rules;

1.5.4       the General Terms;

1.5.5       the Privacy Policy; and

1.5.6       the Download Terms.

1.6           Please read the Terms of Use carefully before accepting them. Once You have accepted the Terms of Use, please print the Terms of Use and store them, along with all confirmation emails, additional terms, transaction data, Game Rules, fair deal rules and payment methods relevant to Your use of the Website. Please note that the Terms of Use are subject to change, as set out in paragraph 3 below.

1.7           If You do not agree to accept and be bound by the Terms of Use please do not open an account, and/or continue to use Your Account. Your continued use of any of the Services will constitute acceptance of the Terms of Use which we have notified You are in force from time to time.

1.8           The Terms of Use govern Your contract with the Promoter and apply at all times. For the avoidance of doubt, each and all sections of the Website are governed by the Terms of Use, and You should ensure at all times that Your use of the Services is in accordance with the Terms of Use.

GENERAL TERMS

2.             RELEVANT PARTIES

2.1           The Terms of Use shall be agreed between You and the Promoter.

2.2           The Website, the prices contained in it and the Terms of Use may be translated into a number of languages and, subject to paragraph 8 (legal Use of the Website) are thereby able to be used by the citizens of the relevant countries and other countries who speak those languages. However, the English text of the Website and the Terms of Use will be the official version and no warranty or representation is made or given by us as to the accuracy or completeness of any translation from the English language. The English text, which will prevail.

2.3           References in the Terms of Use to “us“, “our” or “we” are references to the Promoter and in the case of terms and conditions relating to monies held in Your Account from time to time, to any Promoter group company which holds such money as trustee and shall (where appropriate) be deemed to include our agents, partners, and suppliers.

3.             CHANGES TO THE TERMS OF USE

3.1           We may need to change the Terms of Use from time to time for a number of reasons, including (without limitation) for commercial reasons, to comply with law or regulations, to comply with instructions, guidance or recommendations from a regulatory body, or for customer service reasons. The most up-to-date Terms of Use can be accessed from the Terms and Conditions link in the footer section of the Website.

3.2           Where we wish to make substantial changes to the Terms of Use, we will endeavour to give You as much prior notice of such changes as is reasonably practicable via one of the methods set out in paragraph 3.3. For changes which we in our sole discretion consider to be minor or insubstantial, we may not give You any notice of such changes, so You are advised to review the Terms of Use through the Terms and Conditions link on the Website on each occasion You access the Website or use the Services.

3.3           Where we make changes to the Terms of Use of which we wish to notify You, we will do so by such method of notification as we may, in our discretion, deem to be appropriate, which may comprise:

3.3.1       email (to the email address You have previously supplied us with, if any); or

3.3.2       notice on the Website,

and we may, at our discretion, invite You to accept the new Terms of Use by clicking on “yes” or “I accept”, checking a ‘tick box’ or any other similar method of confirmation by You. If You provide us with any such confirmation, or continue to use the Website or access the Services after we have made any changes to the Terms of Use, You shall, from such time, be deemed to have accepted, and be bound by, the new Terms of Use, including (for the avoidance of doubt) any additions, removals, substitutions or other changes to the identities of the Promoter, whether or not You have read the revised Terms of Use. If any change is unacceptable to You, You may either cease using the Services and/or close Your Account by complying with paragraph 12 of these General Terms.

4.             OPENING YOUR ACCOUNT

4.1           In order to acquire a Ticket to play a Game using the Services, You will need to open an account with the Promoter (“Your Account” or “Account“).

4.2           In order to open Your Account for use with the Services, You can:

4.2.1       contact Customer Services by email;

4.2.2       click on Account Log-in and Sign up for FREE now! on the Website and follow the on-screen instructions;

4.2.3       open by such other Account opening method as shall, from time to time be offered by the Promoter.

4.3           Your Account will be operated by the Promoter.

4.4           When You open Your Account You will be asked to provide us with personal information, including Your name and e-mail address and country of residence. (“Your Contact Details“). You may update Your Contact Details from time to time by contacting Customer Services; or through the My Account management page on the Website or by such other method as shall, from time to time, be offered by the Promoter.

4.5           If You do not wish Your Contact Details to be used by us and our business partners to contact You to inform You with marketing information relating to others of our goods, products or services or those of our business partners, please indicate that this is the case by ticking the relevant box as instructed when You open an account on the Website or by informing Customer Services.

4.6           In opening Your Account You warrant that:

4.6.1       You understand and accept the risk that, by using the Services, You may, as well as winning money and prizes, lose money;

4.6.2       You are (a) over 18 years of age and (b) above the age at which skills game activities are legal under the law or jurisdiction that applies to You (the “Relevant Age“);

4.6.3      You are not an employee or member of the immediate family of an employee of the Promoter or any person who is connected with the creation or administration of the Games (and for these purposes “member of the immediate family” means a spouse/civil partner, parent, grandparent, child, grandchild, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law and, for each of the foregoing, adopted, half and step-members);

4.6.4       You are not breaching any laws applicable in the territory where You reside or from where You are accessing the Services regarding the legality of using the Services;

4.6.5       You are legally able to enter into contracts;

4.6.6       You have not been excluded from using the Services; and

4.6.6       You have not already had an Account closed by us under paragraphs 11 (Collusion, Cheating, Fraud and Criminal Activity), 22 (Breach of the Terms of Use) or at Your request under paragraph 34.1 (Responsible Gaming).

4.7           Your Account must be registered in Your own, correct, name and personal details and it shall only be issued once for You and not duplicated through any other person, family, household, address (postal or IP), email address, or any environment where computers are shared (e.g. educational institutions, workplaces, public libraries etc), computer (or other access device), and/or account in respect of the Services. Any other accounts which You open with us, or which are beneficially owned by You in relation to the Services shall be “Duplicate Accounts“. We may close any Duplicate Account (but shall not be obliged to do so). If we close a Duplicate Account:

4.7.1       all bonuses, free plays and winnings accrued from such bonuses and free plays obtained using that Duplicate Account will be void and forfeited by You;

4.7.2       we may, at our entire discretion, void all winnings and refund all deposits or Tickets (less amounts in respect of void winnings) made in respect of that Duplicate Account and, to the extent not recovered by us from the relevant Duplicate Account, any amounts to be refunded to us by You in respect of a Duplicate Account may be recovered by us directly from any other of Your Accounts (including any other Duplicate Account); or

4.7.3      we may, at our entire discretion, allow usage of the Duplicate Account to be deemed valid in which case the proceeds of all Tickets acquired by or for You through the Duplicate Account shall be retained by us.

5.             VERIFICATION OF YOUR IDENTITY; MONEY LAUNDERING REQUIREMENTS

5.1           You warrant that:

5.1.1       the name and address You supply when opening Your Account are correct;

5.1.2      You are not an employee or member of the immediate family (as defined in paragraph 4.6.3) of an employee of the Promoter or any person who is connected with the creation or administration of the Games; and

5.1.3       You are the rightful owner of the money which You at any time deposit in Your Account or use to acquire Tickets.

5.2           By agreeing to the Terms of Use You authorise us to undertake any such verification checks from time to time as we may require ourselves or may be required by third parties (including, but not limited to, regulatory bodies) to confirm these facts (the “Checks“). You agree that from time to time, upon our request, You may be required to provide additional details in respect of any of such information You have provided us, including in relation to any deposits which You have made into Your Account or monies You have used to acquire Tickets.

5.3           Whilst we are undertaking any Checks from time to time, we may prevent access to all or certain parts of the Website or suspend any winnings. Please note that we may from time to time re-perform the Checks for regulatory, security or other business reasons. If any such restrictions cause You a problem, please contact Customer Services.

5.4           In certain circumstances we may have to contact You and ask You to provide further information to us directly in order to complete the Checks. For this purpose, we will be entitled, at our sole discretion, to require that You provide us with a notarised identification document or any equivalent certified identification document according to the applicable law of Your jurisdiction or otherwise, proof of address, utility bills, bank details, bank statements and bank references. Until such information has been supplied to our satisfaction we may prevent any activity to be undertaken by You in relation to the Account or we may, where we reasonably believe that deliberately incorrect information has been provided by You, keep any amount deposited on the Account following the closure of the Account by us or suspend any winnings.

5.5           It may be an offence for persons under the Relevant Age to make use of the Website. If we are unable to confirm that You are the Relevant Age then we may suspend Your Account until such time that we are able to confirm that You are the Relevant Age. If You are subsequently proven to have been under the Relevant Age at the time You made transactions with us, then:

5.5.1       Your Account will be closed;

5.5.2       all transactions made whilst You were underage will be made void, and all related funds deposited or paid by You will be returned by the payment method used for the deposit of such funds, wherever practicable; and

5.5.4       any winnings which You have accrued during such time when You were under the Relevant Age will be forfeited by You (and may be deducted from the amount of any deposit or payment returned under paragraph 5.5. and2 and You will return to us on demand any such winnings or prizes which have been transferred or made over to You.

5.6       The winner of any Game or any other person eligible for a prize must send to the Promoter a notarised copy of their passport or equivalent identification documents and such other documents as the Promoter may require to confirm the identity and age of the winner and also to prove that, if the purchase of a Ticket was made by a credit card, the card was legally theirs or that they had authorisation to use it, before any prize will be paid or delivered. The winner of any Game or any other person eligible for a prize will be required to provide a photograph for use in future marketing by the Promoter. Following receipt and verification by the Promoter of the details required above, the winner will contacted in order to make arrangements for the selection and delivery of the relevant prize.

6.             USERNAME, PASSWORD, PIN and CUSTOMER INFORMATION

6.1           After opening Your Account, You must use take all reasonable steps to avoid disclosing (whether deliberately or accidentally) Your username, password and/or account number to anyone else, including ensuring that up-to-date security software is downloaded onto Your computer.

6.2           All transactions made where Your username and password and/or account number have been entered correctly will be regarded as valid, whether or not authorised by You, and we shall not be liable for any claims in the event that You disclose Your username, password or account number to anyone else (whether deliberately or accidentally).

6.3           If You have lost or forgotten Your Account details, or have reason to believe that such details are known to an unauthorised third party, please contact us immediately for a replacement through Customer Services, details of which can be found in the Help section of the Website.

7.             DEPOSITS INTO YOUR ACCOUNT AND PURCHASE OF TICKETS

7.1           If You wish to participate in the Services, You must deposit monies into Your Account or pay for Tickets from an account or source of which You are the account holder.  Monies deposited may (subject to paragraph 5) then be used by You only to acquire Tickets. You may only purchase Tickets from the Promoter through Your Account. In no circumstances should You pay a ticket agent for any Tickets. Further details of how to deposit funds can be found in the Payment page of the Website. If You use a payment method in respect of which You are not the account holder or You pay for Tickets other than to the Promoter through Your Account, we reserve the right to treat any deposit into the Account or payment as being invalid (and any winnings arising from such deposit or payment as void).

7.2           You further agree not to make any charge-backs, reversals or otherwise cancel any deposits into Your Account or payments, and in any such event to refund and compensate us for such unpaid deposits or payments, including any expenses incurred by us in the process of collecting Your deposit or payment. For the avoidance of doubt Your Account shall not be used by You as a bank account.

7.3           Your Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any deposit or banking insurance system or by any other similar insurance system. Any monies deposited with us in Your Account shall not attract any interest. Monies deposited with us are held under a normal bank account and/or escrow account in the name of the Promoter or the Promoter’s agents, which holds the monies in the account on trust for You and other persons entitled. As such, in the event of our insolvency, You would be entitled to claim any monies held on trust for You in such an account, but You would have no protection under any statutory deposit guarantee scheme.

7.4           We may at any time set off any positive balance on Your Account against any amount owed by You (including under a Duplicate Account) to us (irrespective of whether there has been a breach of the Terms of Use), including (without limitation) where winnings are void pursuant to paragraph 4.7 (Duplicate Accounts), paragraph 11 (Collusion, Cheating, Fraud and Criminal Activity) or paragraph 18 (Errors or Omissions).

7.5           To the extent required by Your local law or tax or other authorities You are responsible for reporting Your winnings and losses arising from the Services.

7.6           You can set a deposit limit on Your Account in any one day. This limit cannot be increased without giving us twenty four hours’ notice of Your wish to increase Your deposit limit and only when twenty four hours have elapsed from Your request for such an increase will the increase apply. For details of how to set up a deposit limit please contact Customer Services, or set up the limit through the Website by clicking on My Account, then Update Account Details. Any confirmed reductions to Your deposit limit will be of immediate effect.

7.7           Subject to paragraph 12 (Closure of Your Account; etc), You may only use funds deposited in Your Account to purchase Tickets and may not withdraw funds from Your Account at any time.

7.8       We will hold monies in the deposit account and/or escrow account referred to in paragraph as trustee for You and not as Your banker or debtor. Therefore, notwithstanding any other provision in the Terms of Use, we will deal with Your money as a trustee, and no such provision shall create or give rise to any obligation on the part of the Promoter (or any of the Promoter’s agents) to repay money to You as Your debtor.

7.9        Inactive Account. If You do not use Your Account to acquire Tickets or if it is otherwise inactive for a period of at least 24 consecutive months then it will be an “Inactive Account”. All monies deposited in any Inactive Accounts will be forfeited by You and belong to the Promoter.

7.10     When You wish to play a Game, You must first register or log-in to your account, play your choice of game and then purchase your Ticket. When You are ready to purchase a Ticket, follow the on-screen instructions to provide Your credit card details or other payment details specified or authorise the deduction of the Ticket price from the amount deposited on Your Account. You will need to check Your details carefully and tick the declaration confirming that You have read and understood the relevant Game Rules. When Your credit card or other payment has been cleared or relevant amount deducted from the monies on Your Account, You will receive an email confirming payment and stating payment details. Please note that You will not be deemed to enter into the Game until You are permitted access to the Game on the Website.

7.11     To pay for Your Tickets(s) using a gift voucher, follow the on-screen paying instructions and enter the code supplied on Your gift voucher at the payment stage. Your allocation of a Ticket will be confirmed when the gift voucher code is authorised. Please note that Tickets can only be purchased up to and including the value of the gift voucher. No refunds for the value of the gift voucher will be provided by the Promoter. If You wish to purchase tickets that have a greater value than that of the gift voucher, it is possible to pay for the remainder on Your credit card or other payment mechanism specified by the Promoter. Please note that You will not be deemed to enter into the Game until You are permitted access to the Game on the Website.

7.12     Where You have been allocated free credits or bonuses to play a Game You may only use such credits or bonuses to acquire a Ticket up to the value of such credits or bonuses. If You wish to purchase Tickets that have a greater value than that of the free credits or bonuses, it is not possible to pay for the difference on Your credit card or other payment mechanism and You must instead use further credits or bonuses up to the specified value of the Ticket.

7.13     We will only recognise the Account holder who purchased the Ticket as the holder of that Ticket and the person entitled to any prizes or winnings in respect of that Ticket. We are in no way responsible for the recognition of or allocation of any prizes or winnings in respect of any Ticket other than to the holder of the Account who purchased the Ticket in accordance with these Terms of Use.

7.14     All ticket revenues from games will be held in an escrow account under the control of the Promoter’s solicitors. Relevant proceeds from the sale of Tickets in respect of the relevant Game will be paid into the escrow account. When a Game concludes and a Winner is determined, the Promoter’s accountants will authorise the amount of the prize fund for that Game to the Promoter’s solicitors, who will then be responsible for distribution of the prize fund to the Winner and/or supplier of the prize or prizes as directed by the Promoter and in accordance with the selection made by the Winner in accordance with paragraph 17.

8.             LEGAL USE OF THE WEBSITE

8.1           Access to or use of the Website or any of the Services via the Website may not be legal for some or all residents of or persons in certain countries. We do not intend that the Website should be used for Games or any other purposes by persons in countries in which such activities are illegal. The fact that the Website is accessible in any such country, or appears in the official language of any such country, shall not be construed as a representation or warranty with respect to the legality or otherwise of the access to and use of the Website, and the making of deposits or payments or receipt of any winnings. The availability of the Website does not constitute an offer, solicitation or invitation by us for the use of or subscription to Games or other services in any jurisdiction in which such activities are prohibited by law.

8.2           It is Your responsibility to determine the law that applies in the location in which You are present. You should ensure that You will be acting legally in Your jurisdiction in opening Your Account and/or using the Website and You represent, warrant and agree that You will do so.

8.3           If it becomes apparent to us that You are resident in a country in which the use of the Website is not legal, we shall be entitled immediately to close Your Account, in which case we will endeavour to refund any balance on the Account on the date of such closure to You as soon as it is practicable for us to do so.

9.             USING THE SERVICES

9.1           In order to access a Service and play a Game You should follow the instructions provided at the Play Now tab.

9.2           It is Your responsibility to ensure that the details of any transaction that You make using the Services (a “Transaction“) are correct (when using the Website (either directly, through an application or otherwise)) in accordance with the relevant Game Rules, as appropriate.

9.3           We reserve the right to refuse the whole or part of any Transaction requested by You at any time in our sole discretion, or where You have breached the Terms of Use. No Transaction is accepted by us until You have given the appropriate confirmation (or it has otherwise been accepted by us) in accordance with paragraph 9.2.

9.5           Once a Transaction has been accepted by us, You cannot cancel the Transaction unless we agree otherwise.

9.6           The relevant Game Rules tab shall set out the point at which no further Tickets will be sold by us. We reserve the right to amend at any time the point at which no further Tickets will be sold by us, which point will be deemed to apply to the relevant Game irrespective of whether or not such amendment had been made before or after the time when You played the Game. If the Promoter determines, in its sole discretion, that insufficient Tickets for any Game have been sold, the Promoter may cancel the Game and withdraw the relevant prize or prizes, in which case the Promoter will refund to Your Account the value of any Tickets You have purchased to play the cancelled Game. For the avoidance of doubt, any specified limit of Ticket allocation does not include any bonus plays or credits which may be awarded by the Promoter.

9.7       All prices and valuations on the Website are stated in pounds sterling (£). We may provide a currency conversion calculator on the Website but if we do so then any currency conversion rates are indicative only and no warranty is given as to their accuracy. For all purposes in connection with the Services, including calculation of any Ticket prices and any prizes, pounds sterling is the currency which shall be used, unless the Promoter determines otherwise. The Promoter’s decision in respect of the price of any Ticket or the value of any prize shall be final and no correspondence shall be entered into.

9.7           We may cancel or amend a Transaction pursuant to the provisions of paragraph 5, paragraph 11 or paragraph 20.

10.           REMOTE ACCESS

10.1        Where You are accessing the Services via an electronic form of communication You should be aware that:

10.1.1     In relation to Your use of the Website for the making of a deposit or purchase of Tickets or playing of Games:

10.1.1.1  You may be using a connection or equipment which is slower than such equipment used by others and this may affect Your performance in time critical Games or events offered via the Website;

10.1.1.2  You may encounter system flaws, faults, errors or service interruption which will be dealt with in accordance with paragraph 19;

10.1.1.3  the Game Rules for each event or Game offered via the Website are available and should be considered by You prior to Your use of the Services offered via the Website; and

10.1.1.4  in Games offered via the Website which benefit from more players or greater liquidity we may deploy electronic players (known as robots, and whose usernames will be “bot”) who are pre-programmed to play and join in with the Game in order to assist the liquidity or the number of players playing the Game although we will not use bots without making such usage clear to You; and

10.1.2     in relation to Your use of the Services, if You are playing a “live” event, You may not at any relevant time be able to see or otherwise be provided with the most up-to-date information in relation to the relevant event. We shall not be liable to You in respect of any losses suffered or costs incurred by You as a result of any delay in the transmission of information relating to any “live” event.

11.           COLLUSION, CHEATING, FRAUD AND CRIMINAL ACTIVITY

11.1        The following practices (or any of them) in relation to the Services:

·       abuse of bonuses or other promotions; and/or

·       using unfair external factors or influences (commonly known as cheating); and/or

·       taking unfair advantage (as defined in paragraph 11.5.3);

·       opening any Duplicate Accounts; and/or

·       undertaking fraudulent practice or criminal activity (as defined in paragraph 11.5),

 constitute “Prohibited Practices” and are not permitted and will constitute a material breach of the Terms of Use. We will take all reasonable steps to prevent and detect such practices and to identify the relevant players concerned if they do occur. We will not be liable for any loss or damage which You may incur as a result of any Prohibited Practices, and any action we take in respect of the same will be at our sole discretion.

11.2        If You suspect a person is engaged in any Prohibited Practice, You shall as soon as reasonably practicable report it to us by e-mailing Customer Services.

11.3        You agree and undertake that You shall not participate in or be connected with any form of Prohibited Practice in connection with Your access to or use of the Services.

11.4        If:

11.4.1     we have reasonable grounds to believe that You have participated in or have been connected with any form of Prohibited Practice (and the basis of our belief shall include the use by us (and by our partners and our other suppliers) of any fraud, cheating and collusion detection practices which are used in the games industry at the relevant time); or

11.4.2     You have played online games with any other online provider of similar services and are suspected (as a result of such play) of any Prohibited Practice or otherwise improper activity; or

11.4.3     we become aware that You have “charged back” or denied any of the deposits that You made to Your Account or payments You made for any Tickets; or

11.4.4     You become bankrupt or suffer analogous proceedings anywhere in the world,

then, (including in connection with any suspension and/or termination of Your Account) we shall have the right, in respect of Your Account (and/or any other account held by You with the Promoter) to withhold the whole or part of the balance and/or recover from the account or any prize the amount of any deposits, pay-outs, bonuses or winnings which have been affected by or are in any way attributable to any of the event(s) contemplated in this paragraph 11.4. The rights set out in this paragraph 11.4 are without prejudice to any other rights (including any common law rights) that we may have against You, whether under the Terms of Use or otherwise.

11.5        For the purposes of this paragraph 11:

11.5.1     a “fraudulent practice” means any fraudulent activity engaged in by You or by any person acting on Your behalf or in collusion with You, and shall include, without limitation: (a) fraudulent charge-backs; (b) the use by You or any other person who was participating in the same Game as You at any time, of a stolen, cloned or otherwise unauthorised credit or debit card, as a source of funds; (c) the collusion by You with others in order to gain an unfair advantage (including through bonus schemes or similar incentives offered by us); (d) any attempt to register  false or misleading account information; (e) any actual or attempted act by You which is reasonably deemed by us to be illegal in any applicable jurisdiction, made in bad faith, or intended to defraud us and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes us any damage or harm;

11.5.2     a “criminal activity” shall include, without limitation, money laundering and any offence under section 42 of the Gambling Act 2005; and

11.5.3     an “unfair advantage” shall include, without limitation, the exploitation of a fault, loophole or error in our or any third party’s software used by You in connection with the Services (including in respect of any Game), the interruption of internet connectivity to suspend a Game the use of automated players (‘bots’), the use of software or a programme to play a Game or the exploitation by You, to the disadvantage of us or other players of an ‘Error’ as defined in paragraph 20.1.

11.6        In exercising any of our rights under paragraph 11.4 in relation to a Prohibited Practice, we shall use reasonable endeavours to ensure that, while complying with our regulatory and other legal obligations, we exercise such rights in a manner which is fair to You and to our other customers.

11.7        We reserve the right to inform relevant authorities, other online gaming operators, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of Your identity and of any suspected Prohibited Practice by You, and You shall cooperate fully with us to investigate any such activity.

12.           CLOSURE OF YOUR ACCOUNT; TERMINATION OF THE TERMS OF USE

CLOSURE AND TERMINATION BY YOU

12.1        Provided that Your Account does not show that a balance is due to us, You are entitled to close Your Account and terminate Your use of the Services at any time.  You continue to assume responsibility for all activity on Your Account until such closure has been carried out by us (at which point the Terms of Use shall terminate).

12.2      Upon any termination of Your Account under this paragraph 12 we shall be entitled (without limiting our rights under paragraph 12.4) to withhold any monies (a) pursuant to paragraph 11 (Collusion, Cheating, Fraud and Criminal Activity), (b) pursuant to paragraph 22 (Breach of the Terms of Use), (c) as otherwise provided by the Terms of Use (including, as appropriate, paragraph 5.4) or (d) as required by law or regulation.

12.3      Where You have closed Your Account, we may in certain circumstances be able to re-open Your Account with the same account details as before if You request us to do so. In such circumstances, while Your Account will have the same account details as before, it will be subject to the Terms of Use which are in force at the date of any such re-opening and any prior entitlements (including, but without limitation, to bonuses or contingent winnings) will no longer be valid.

CLOSURE AND TERMINATION BY US

12.4        We are, at any time (and notwithstanding any other provisions contained in the Terms of Use), entitled to close Your Account and terminate the Terms of Use on notice (or attempted notice) to You using Your Contact Details. In the event of any such termination by us we shall, subject to paragraph 12.5, as soon as reasonably possible following a request by You, refund the balance of Your Account.

12.7        Where we close Your Account and terminate the Terms of Use pursuant paragraph 11 (Collusion, Cheating, Fraud and Criminal Activity) or paragraph 22 (Breach of the Terms of Use), the balance of Your Account and any winnings or prizes will be non-refundable and deemed to be forfeited by You as at the date of such closure (whether under Your Account, and Duplicate Account or otherwise). Closure of Your Account and Termination of the Terms of Use, other than pursuant to paragraphs 11 or 22 of these General Terms, will not affect any outstanding Games, provided that Your participation in such outstanding Games is valid and You are not in breach of the Terms of Use in any way. For the avoidance of doubt, we will not credit any bonuses into Your Account, nor will You be entitled to any contingent winnings, at any time after the date on which it has been closed (whether by us pursuant to the Terms of Use, or in response to Your request).

12.8        The following paragraphs shall survive any termination of the Terms of Use: 21, 22, 23, 24, 25, 27, 28, 30, 31, 32, 33 and 36 and any other paragraphs which are required for the purposes of interpretation; together with any relevant sections of the Game Rules and the Privacy Policy.

SUSPENSION BY US

12.9       We shall be entitled to suspend Your Account in the circumstances expressly set out in the Terms of Use. Upon the suspension of Your Account: (a) no activity shall be permitted (including deposits, purchase or attempted purchase of Tickets or participation on any Games) until the date upon which it is re-activated by us; (b) no bonuses or contingent winnings will be credited to the Account; and (c) we shall address the issue that has given rise to the Account suspension with a view to resolving it as soon as reasonably practicable so that the Account can, as appropriate, either be re-activated or closed.

13.           ACCESS TO, AND USE OF, THE SERVICES

13.1        You are solely responsible for the supply and maintenance of all of the computer equipment and telecommunications networks and internet access services that You need to use in order to access the Services. We will not be liable in any way whatsoever for any losses caused to You (whether resulting from loss of service, poor internet connectivity, insufficient bandwidth or otherwise) by the internet or any telecommunications service provider that You have engaged in order to access the Services. For the avoidance of doubt, the Promoter does not make any representation or give any warranty as to the compatibility of the Services with any particular software or hardware.

13.2        Under no circumstances should You use the Services for any purpose which is or is likely to be considered to be defamatory, abusive, obscene, unlawful, of a racist, sexist or other discriminatory nature, or which could cause offence. You must not use any abusive or aggressive language or images, swear, threaten, harass or abuse any other person, including other users, via the Website, or attempt to pass Yourself off as being any other person, or behave in such a manner towards any Promoter’s staff or agents.

13.3        You shall use the Website for personal entertainment only and shall not be allowed to provide access or reproduce the Website or any part of it in any form whatsoever without our express consent, including creating links to it.

13.4        You shall be solely liable in respect of any content uploaded by You onto the Website (“Uploaded Content”) and, in uploading any such content You represent and warrant that;

13.4.1     You have obtained all necessary approvals, consents, licences and permissions required in respect of the Uploaded Content and that the reproduction of the Uploaded Content on the Website will not infringe the copyright, trade mark, confidential information or any other intellectual property rights whatsoever of any third party;

13.4.2     the Uploaded Content will not contain any material in breach of paragraph 13.2 or any code in breach of paragraph 13.3;

13.4.3     the Uploaded Content will comply with all laws and regulations (including, in particular, those relating to data protection and privacy); and

13.4.4     the Promoter is entitled to use and sub-licence the use of the Uploaded Content at its sole discretion.

13.5        Any material (other than Software under paragraph 18) downloaded by You from the Website shall be downloaded entirely at Your own risk and the Promoter shall not be liable in respect of any loss of data or other damage caused by any such download.

13.6        Where we have reason to believe that Your use of the Services is in breach of paragraphs 13.2, 13.313.4 or 13.5 we shall, without prejudice to any of our other rights, be entitled forthwith to remove from the Website any offending content.

14.           GAME TERMS

14.1        Expressions used in the games industry are numerous. Should You be in any doubt as to the meaning of any expression, You should not participate in any Game or any event until its meaning is understood to Your satisfaction. We cannot and do not accept any responsibility if You participate in a Game via the Services in circumstances where You do not understand any of the terms involved in or relating to the Game.

15.           ALTERATION OF THE WEBSITE

We may, in our absolute discretion, alter or amend any product or service (including any prices offered) available through the Website at any time for the purpose of ensuring the ongoing provision of the Website, but without prejudice to any Games already in progress at the time of such amendment. From time to time, we may restrict You from accessing some parts of the Website for the purpose of maintenance of the Website and/or alteration or amendment of any of the Games available through the Website.

16.           GAME JUDGEMENT

16.1     Games will close on the date specified by the Promoter or where the relevant Ticket allocation specified by the Promoter has been met for the relevant Game. Where a Game has a specific objective, that objective (for example, the centre of the dart board into which darts must be placed or the position of a ball in a picture) will be determined prior to the start of the Game by a panel of independent experts and will be immediately encrypted and stored securely on our database. In certain cases, and solely at the discretion of the Promoter, the decision of the panel of independent experts may be determined after the competition closes. The results of each Game player’s attempts will then be computed against the database of co-ordinates to mathematically calculate which of the players is closest to the encrypted objective and therefore the winner of the Game. Where a Game is judged against the time taken to complete the Game (for example, answering correctly a series of questions in the shortest possible time), each Game player’s time will be measured from the moment he actively enters Play to the point where he validly submits the final response required in the Game (for example, the answer to the final question). In timed Games the Game player’s total playing time will be recorded in minutes, seconds and hundredths of a second and will be shown in a time counter on screen to record his attempt. The winner of a timed Game will be the player who correctly completes the Game in the shortest time. The winner of a Game is referred to as the “Winner”. The determination of the Winner of a Game will be carried out in the presence of a qualified lawyer and a representative of the Promoter. All decisions of the Promoter will be final and binding and no correspondence will be entered into.

16.2     In the event that one or more players are equally close to or exactly match the encrypted co-ordinates or exactly share the correct shortest time for a Game (a “Tie”) when the results of the Game are judged, these players will be asked to take place in another Game or Games (at no further cost to the relevant players), which will be the same type of Game as before, in order to determine a single Winner. In the event of a Tie the Promoter may, in its absolute discretion, determine that the relevant prize for the Tied Game is to be taken in cash and split the cash prize equally between the Tied Winners.

16.3     The Promoter will attempt to contact Game Winners using Your Contact Details. At this point the Winner must choose between the prizes available (as detailed in the Game information on the Website) and notify the Promoter of their choice in writing (which includes via email).

16.4     If You are a Winner and for any reason we are unable to contact You using Your Contact Details within 14 days of the end of the Game (which may be extended at the sole discretion of the Promoter). You will forfeit the prize and it will be awarded to the player with the next closest co-ordinates or the next shortest correct time, as determined in the judging process. For the avoidance of doubt, once the prize has been forfeited the original Winner will have no further claims against the Promoter. It is Your responsibility to ensure and check in Your Account that Your Contact Details are complete, correct and up to date and the Promoter will not be liable for any losses as a result of Your Contact Details being in any way incorrect or incomplete, howsoever arising.

16.5     The Promoter reserves the right to cancel any Game, for any reason, before the designated closing date or before any specified minimum Ticket allocation has been reached. In these circumstances the Promoter reserves the right to transfer Your Ticket(s) into another Game for which the Ticket price is at least the same or more than the original price paid. The Promoter reserves the right at its sole discretion to extend the closing date or extend the minimum Ticket allocation of any Game.

16.6     We may from time to time publish on the Website in respect of any live Game the current position of a player in relation to other players (including whether or not a player is then leading the Game). No warranty is made as to the accuracy of any such information and You accept that any publication of Your position in respect of a Game may not be correct and is subject to change. You also accept that we have no obligation to inform You of any change in Your position in any Game although we will endeavour, where practicable, to (but will have no obligation to) inform You if You are in first place and cease in the course of a Game to be in first place.

17.           SELECTION OF PRIZES

MOTOR CAR PRIZES

17.1     Motorcar Games are comprised of two primary categories: Luxurycar Category A Tickets (Luxurycar Category A) and Luxurycar Category B Tickets (Luxurycar Category B). The promoter may also operate other categories of Motorcar Games comprising single car competitions or such other categories as the promoter may determine. Each of Luxurycar Category A and Luxurycar Category B and any other category will have a maximum prize value as detailed on the Website relating to that Game.

17.2     If You are a Winner of a Motorcar Game You will be able to:

17.2.1 choose a car or cars from the category of the winning Ticket You have purchased as detailed on the Website relating to that Game up to the maximum value of the prize specified for that category (but a Winner with a Luxurycar Category A Ticket may choose a car or cars from Luxurycar Category B); or

17.2.2  choose a cash prize option in the amount equal to the stated prize value less V.A.T. (i.e. 80% of the stated prize value) in the category of the winning Ticket You have purchased as detailed on the Website relating to that Game; or

17.2.3  choose a car or cars from the category of the winning Ticket You have purchased as detailed on the Website relating to that Game which is less in listed value than the stated cash option for the prize specified for that category and take the difference between the stated cash value of the prize specified for that category and the listed value of the car or cars You select as a cash prize less V.A.T. (i.e. 80% of the cash difference).

            You must make a choice in accordance with this paragraph by notice in writing to the Promoter within 14 days of Your being notified that You are a Winner. Your choice and notice are irrevocable without the express consent of the Promoter. The Promoter may, in its sole discretion, permit the Winner to select a car which is not listed in Luxurycar Category A or Luxurycar Category B or other relevant category as the case may be but the total cost and any associated costs (for example taxes and delivery charges) of which does not exceed the maximum prize value for that Game as specified on the Website relating to that Game. In all cases the car must be available from the manufacturer’s main dealer in the relevant country.  Dealers will be selected by the Promoter in its sole discretion and cars must be obtained from the dealer selected by the Promoter.

17.3     For the avoidance of doubt there will only be one prize awarded for each Motorcar Game and not one prize from each of Luxurycar Category A and Luxurycar Category B or other category.

17.4     In no event will the value of the prizes available for any Game and any associated costs (for example taxes and delivery charges) exceed the maximum prize value for that Game as specified on the Website relating to that Game. In no event will the amount of a cash prize exceed the stated cash option for the prize in the category of the winning Ticket You have purchased as detailed on the Website relating to that Game.

17.5     During the course of the Game the Promoter reserves the right to add or remove cars but there will always be prizes up to the maximum value of the Game.

17.6     It is the responsibility of the Winner to collect the car from the relevant dealer. If You are a Winner, any car chosen by You will, if not collected by You, include delivery charges and will also include on the road taxes provided that the aggregate of such costs and the value of all prizes chosen by You will not exceed the maximum prize value of the relevant Game.

17.7     Delivery of cars is subject to availability and for some cars may take many months. All cars will be ordered in basic specification unless otherwise stated. Bespoke options and upgrades can be added at the Winner’s request provided that the total cost of the car including such options and upgrades, together with associated costs (including delivery charges and on the road taxes) does not exceed the maximum prize value for that Game as specified on the Website relating to that Game. In the event that the Winner requests bespoke options and/or upgrades which, together with the total cost of the car, together with associated costs (including delivery charges and on the road taxes) exceed the maximum prize value for that Game as specified on the Website relating to that Game, the cost of any such excess must be paid to the Promoter in advance.

17.8     Any applicable import duties, taxes, insurance or registration costs in the destination country will be the responsibility of the Winner. The Promoter reserves the right not to deliver to certain countries. It is the Winner’s responsibility to ensure that the car is road legal in the country of destination.

WISH LIST PRIZES

17.9     If You are a Winner of a Wish List Game You will be able to choose a prize or prizes as detailed on the Website relating to that Game up to the maximum value of the prize specified for that Game. There is no cash alternative to any prize for a Wish List Game unless otherwise stated.

17.10   You must make a choice in accordance with paragraph 17.9 by notice in writing (which includes via email) to the Promoter within 14 days of Your being notified that You are a Winner. Your choice and notice are irrevocable without the express consent of the Promoter.

17.11   In the European Union the prize will be delivered with UK VAT paid but any other taxes, import duties or registration costs due will be the responsibility of the Winner. In all other countries the prize will be shipped (net of all taxes) and any applicable import duties, taxes or registration costs due in the destination country will be the responsibility of the Winner. The Promoter reserves the right not to deliver to certain countries.

17.12   In the case of holiday prizes, any additions to the holiday that result in the total amount exceeding RRP will be incurred by and be the sole responsibility of the Winner. The holidays must be taken within one year of the date the applicable Game closes. Holidays are strictly subject to availability and are only valid outside of the exclusion dates noted on the Website in respect of the relevant Game. Specific terms for certain holidays may also be applicable.

PROPERTY PRIZES

17.13   Property Games may be comprised of specific properties or types of properties or categories so that, where relevant, each category will have a maximum prize value as detailed on the Website relating to that Game.

17.14   If You are a Winner of a Property Game You will be able to:

17.14.1 where the prize is a specific property, choose that property (subject to paragpraph17.16); or

17.4.2  where the prize is a selection of properties from a specified agent or from within a specified area, choose a property up to the maximum value (including associated costs such as transfer fees, legal and agency fees and stamp duty or other taxes) of the prize specified for the category of the winning Ticket You have purchased as detailed on the Website relating to that Game or choose the cash alternative in accordance with clause 17.14.4; or

17.4.3  where the prize is of an unspecified property or selection of properties, choose a property up to the maximum value (including associated costs such as transfer fees, legal and agency fees and stamp duty or other taxes) of the prize specified for the category of the winning Ticket You have purchased as detailed on the Website relating to that Game or choose the cash alternative in accordance with clause 17.14.4; or

17.14.4            choose a cash prize in the amount equal to the stated cash option for the prize specified for the category of the winning Ticket You have purchased as detailed on the Website relating to that Game; or

17.14.5            choose a property the value of which (including associated costs such as transfer fees, legal and agency fees and stamp duty or other taxes) is less than the amount of the stated cash option for the prize specified for the category of the winning Ticket You have purchased as detailed on the Website relating to that Game and take the difference between the amount of such stated cash option for the prize specified for that category and the value (including associated costs such as transfer fees, legal and agency fees and stamp duty or other taxes) of the property You select as a cash prize.

            You must make a choice (which, for the avoidance of doubt, includes the specific property You choose, should You choose a property as Your prize) in accordance with this paragraph by notice in writing (which includes via email) to the Promoter within 30 days of Your being notified that You are a Winner. Your choice and notice are irrevocable without the express consent of the Promoter.

17.15   The Winner will be assisted by our agents in sourcing the property of the Winner’s choice in the location of their choice, subject to this paragraph 17.

17.16   If a prize relates to a specific property, that property may be available on the open market for sale (in which case we will declare this on the relevant Game page). If such a property is sold prior to the Winner acquiring the property (including during the course of the relevant Game), the Promoter may in its sole discretion:

17.16.1            offer another property within the same geographic area (as determined in the sole discretion of the Promoter) as the original property with a published price of no less than the original property; or

17.16.2            elect that the Winner must choose the cash alternative for the prize or, if there is no cash alternative, elect that the Winner must choosea cash prize equal to the stated sale price of the original property.

17.17   In no event will the value of the prizes available for any Game and any associated costs (for example taxes. Transfer fees, legal and agency fees and delivery charges) exceed the maximum prize value for that Game as specified on the Website relating to that Game.

17.18   The Winner will be responsible for all survey, legal, registration and other fees and applicable taxes and other costs associated with the purchase of any property chosen by the Winner to the extent that the total cost of the property, together with such costs and fees, exceeds the maximum prize value of the relevant Game and the value of all property chosen by the Winner including any such costs and fees will not exceed the maximum prize value of the relevant Game.

17.19   The Winner will be responsible for selecting any property and for instructing all legal, survey and other requirements to acquire any property chosen by them and neither the Promoter nor its agents will be responsible for any loss suffered by the Winner as a result of any selection of any property (whether or not any recommendation has been made by the Promoter or any of its agents) or as a result of the acquisition or attempted acquisition of or failure to acquire any property.

17.20   The value of properties specified on the Website in relation to a particular Game are the declared market asking prices of the properties at the time uploaded onto the Website and may not be the open market value of the property. No warranty or representation is made as to the value of any property. Photographs of any properties on the Website are used for promotional purposes only and are not intended, except in certain cases, to represent actual properties which may comprise prizes. Further, properties do not include furniture or white goods but from time to time may, at the vendor’s discretion include such items.

18.           THIRD PARTY SOFTWARE

18.1        It may be necessary to provide You with software (“Software“) supplied by third parties to enable You to play the Games offered through the Services.

18.2        In such circumstances, You may be required to enter into a separate agreement with the owner in respect of Your use of such Software (a “Third Party Software Agreement“). In case of any inconsistency between the Terms of Use and any Third Party Software Agreement, the Terms of Use will prevail in so far as the inconsistency relates to the relationship between You and the Promoter.

18.3        It is Your responsibility to ensure that any Software is downloaded onto Your computer in a manner compatible with Your own computer’s specific set-up. For the avoidance of doubt, we shall not be liable to the extent that the incorrect downloading of any Software has an adverse effect on the operation of Your computer.

18.4        Any Services offered to You utilising smartphone and mobile device applications (“Apps“) shall be subject to the Terms of Use. The terms under which any App is downloaded or installed onto Your smartphone or mobile device shall be governed by the agreement entered into between You and the supplier of the relevant App but, in case of any inconsistency between the Terms of Use and any such agreement, the Terms of Use will prevail in so far as the inconsistency relates to the relationship between You and the Promoter.

19.           IT FAILURE

19.1        Where problems occur in the software or hardware used by us to provide the Services we will take reasonable steps to remedy the problem as soon as practicable. Where such problems cause a Game to be interrupted in circumstances where it cannot be restarted from exactly the same position without any detriment to You or other players, we will take all reasonable steps to treat You in a fair manner (which may include reinstating the balance on Your Account or refunding any Tickets).

19.2        We do not accept any liability whatsoever for problems caused by the equipment which You or other players are using to access the Services, or faults relating to Your or their internet service provider.

20.           ERRORS OR OMISSIONS

20.1        A number of circumstances may arise where a payment is made by us in error. A non-exhaustive list of such circumstances is as follows:

20.1.1     where we mis-state any price for any Ticktes to You as a result of obvious error or omission in inputting the information or setting up a Game or as a result of a computer malfunction;

20.1.2     where we have continued to sell Tickets in respect of a Game which should have been closed or suspended or had already finished;

20.1.3     where an error has been made as a result of a Prohibited Practice under paragraph 11.1;

20.1.4     where we should not have accepted, or have the right to cancel a payment for a Ticket pursuant to the Terms of Use;

20.1.6     where an error is made by us as to the amount of winnings/returns that are paid to You, including as a result of a manual or computer input error; or

20.1.7     where an error has been made by us as to the amount of free plays and/or bonuses that are credited to Your Account,

any such circumstances being referred to as an “Error“.

20.2        We reserve the right to:

20.2.1     correct any Error made and re-settle the same at the correct price or terms which were available or should have been available through the Promoter (absent the publishing error) at the time and the Ticket will be deemed to have purchased for the correct price for the relevant Game; or

20.2.2     where it is not reasonably practicable to correct and re-settle under 20.2.1 above, to declare the Ticket void and return Your purchase price into Your Account; or

20.2.3     in circumstances where the Error has resulted from a Prohibited Practice, to take the steps set out in paragraph 11.4.

20.3        Any monies which are credited to Your Account, or paid to Yyou as a result of an Error shall be deemed, pending resolution under paragraph 20.2, to be held by You on trust for us and shall be immediately repaid to us when a demand for payment is made by us to You. Where such circumstances exist, if You have monies in Your Account we may reclaim these monies from Your Account pursuant to paragraph 7.4. We agree that we shall use all reasonable endeavours to detect any Errors and inform You of them as soon as reasonably practicable.

20.4        Neither we (including our employees or agents) nor our partners or suppliers shall be liable for any loss, including loss of winnings, that results from any Error by us or an error by You.

20.5        You shall inform us as soon as reasonably practicable should You become aware of any Error.

20.6        Where You have used monies which have been credited to Your Account or awarded to You as a result of an Error to purchase Tickets or play Games, we may cancel such Tickets and/or withhold any winnings which You may have won with such monies, and if we have paid out on any such Games, such amounts shall be deemed to be held by You on trust for us and You shall be immediately repaid to us when a demand for payment is made by us to You.

21.           EXCLUSION OF OUR LIABILITY

21.1        Your access to and use of the Services is at Your sole option, discretion and risk. We shall not be liable for any attempts by You to use the Services by methods, means or ways not intended by us.

21.2        We will provide the Services with reasonable skill and care and substantially as described in the Terms of Use. We do not make any other promises or warranties regarding the Services, or any products or services forming a part of the Services, and hereby exclude (to the extent permitted by law) all implied warranties in respect of the same (including implied warranties as to satisfactory quality and/or fitness for Your purpose). In particular, we do not warrant that the Website will have uninterrupted availability or that it will be free of bugs, viruses or other errors.

21.3        SAVE AS PROVIDED IN OUR GAME RULES AND SUBJECT TO PARAGRAPH 19.5 OUR MAXIMUM LIABILITY (INCLUDING THAT OF OUR PARENT AND SUBSIDIARY COMPANIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) ARISING OUT OF YOUR USE OF THE SERVICES (OR ANY PART OF THE SERVICES AND WHETHER UTILISING THE WEBSITE OR OTHERWISE), WHETHER SUCH LIABILITY ARISES UNDER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL BE LIMITED TO:

21.3.1     (WHERE OUR LIABILITY RELATES TO A TICKET PURCHASED) THE PRICE OF THE TICKET ACQUIRED BY YOU IN RESPECT OF WHICH OUR LIABILITY HAS ARISEN;

21.3.2     (WHERE OUR LIABILITY RELATES TO THE MISAPPLICATION OF FUNDS) THE AMOUNT OF MONEY IN YOUR ACCOUNT THAT HAS BEEN MISPLACED BY US; AND

21.3.3     (IN RESPECT OF ANY OTHER LIABILITY) ONE THOUSAND POUNDS STERLING (£1,000).

21.4        WE (INCLUDING OUR PARENT AND SUBSIDIARY COMPANIES AND OUR AND THEIR, AFFILIATES) AND EACH OF OUR AND THEIR OFFICERS, DIRECTORS, AGENTS, SUPPLIERS, CONTRACTORS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU, WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN RESPECT OF ANY:

21.4.1     LOSS OF DATA;

21.4.2     LOSS OF PROFITS

21.4.3    LOSS OF REVENUE;

21.4.4    LOSS OF BUSINESS OPPORTUNITY;

21.4.5    LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION;

21.4.6    BUSINESS INTERRUPTION; OR

21.4.7    ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE, EVEN WHERE SUCH LOSS OR DAMAGE HAS BEEN NOTIFIED TO US AS BEING POSSIBLE, ARISING OUT OF THE TERMS OF USE OR ANY USE WHATSOEVER BY YOU OF THE SERVICES.

21.5        Nothing in the Terms of Use will operate so as to exclude any liability in respect of:

21.5.1     fraud (including fraudulent misrepresentation); or

21.5.2     death or personal injury caused by negligence.

22.           BREACH OF THE TERMS OF USE

22.1        You will fully indemnify, defend and hold us and our parent and subsidiary companies and our and their affiliates and each of our and their officers, directors, employees, agents, contractors and suppliers harmless from and against any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees), however caused, that may arise, whether or not reasonably foreseeable, as a result of or in connection with:

22.1.1     the access to and use of the Services by You or by anyone else using Your username and password; and/or

22.1.2     any breach by You of any of the terms and provisions of the Terms of Use.

22.2        Where You are in breach of the Terms of Use, we may, prior to any suspension or termination of Your Account notify You (using Your Contact Details) that You are in breach, requiring You to stop the relevant act or failure to act, and/or requiring You to put right an act or fault on Your part; and warning You of our intended action if You do not do so, provided always that such notification shall not be a pre-condition to any suspension or termination of Your Account.

22.3        We have the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time, if in our reasonable opinion You have failed to comply with any of the provisions of the Terms of Use.

22.4        In addition to any other remedy available, if You breach any of the Terms of Use we shall be entitled to recover from Your Account any positive balance then existing to the extent of any amount reasonably claimed against You pursuant to paragraph 22.1.

23.           INTELLECTUAL PROPERTY RIGHTS

23.1        All website design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material contained in or forming any part of the Services are subject to copyright and other proprietary rights which are either owned by us or used under licence from third party rights owners. To the extent that any material comprised within the Services may be downloaded or printed then such material may be downloaded to a single device only (and hard copy portions may be printed) solely for Your own personal and non-commercial use.

23.2        Under no circumstances shall the use of the Services grant to You any interest in any intellectual property rights (for example copyright, know-how or trade marks) owned by us or by any third party whatsoever, other than a personal, non-exclusive, non-sub-licensable licence to use such intellectual property rights in connection with Your personal, non-commercial use of the Services pursuant to the Terms of Use.

23.3        No rights whatsoever are granted to use or reproduce any trade marks or logos which appear on the Website except as specifically permitted in accordance with the Terms of Use.

23.4        You must not, nor must You allow any other person to copy, store, publish, rent, licence, sell, distribute, alter, add to, delete, remove or tamper with the Website or any part of it in any way or directly or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter the Website, other than in the course of viewing or using the Website in accordance with the Terms of Use.

23.5        All intellectual property rights in the name “Euro Cadabra” and “Eurocadabra” or any similar formulation thereof, the logos, designs, trade marks and other distinctive brand features of the Promoter and any content provided by the Promoter or any third party for inclusion on the Website vest in the Promoter or the applicable third party. You agree not to display or use such logos, designs, trade marks and other distinctive brand features in any manner without our prior written consent.

24.           VIRUSES, HACKING AND OTHER OFFENCES

24.1        You shall not:

242.1.1     corrupt the Website;

24.1.2     attempt to gain unauthorised access to the Website, the servers on which the Website is stored or any server, computer or database connected to the Website;

24.1.3     flood the Website with information, multiple submissions or “spam”;

24.1.4     knowingly or negligently use any features which may monitor the Website in any way or which may affect the function of the Website in any way for example (but not limited to) releasing or propogating viruses, worms, trojans, logic bombs or similar material that is malicious or harmful;

24.1.5     interfere or tamper with, remove or otherwise alter in any way, any information in any form which is included on the Website;

24.1.6     attack the Website via a denial-of-service attack or a distributed denial-of-service attack. We will report any suspected breach of the Computer Misuse Act 1990 to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Website will cease immediately.

24.2        We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Website or to Your downloading of any material posted on such Website, or on any website linked to the Website.

25.           YOUR PERSONAL INFORMATION

25.1        All information on Your Account held by us is securely data warehoused and remains confidential except where otherwise stated in the Terms of Use (including, for the avoidance of doubt, the Privacy Policy).

25.2        We are required by law (in particular by the Data Protection Act 1998 in the UK) to comply with data protection requirements in the way in which we use any personal information collected from You in Your use of the Services. We therefore take very seriously our obligations in relation to the way in which we use Your personal information.

25.3        When You use the Services it will be necessary for us to collect certain information about You, including Your name and date of birth, Your Contact Details, and may also include information about Your marketing preferences (all of which shall be known as “Your Personal Information“).

25.4        By providing us with Your Personal Information, You consent to our processing Your Personal Information, including any of the same which is particularly sensitive:

25.4.1     for the purposes set out in the Terms of Use (including the Privacy Policy); and

25.4.2     for other purposes where we need to process Your Personal Information for the purposes of operating the Services,

including by sharing it with our service providers and agents for these purposes, for example to our providers of postal services, marketing services and customer services agents. We may also transfer Your Personal Information outsie the European Union and may disclose Your Personal Information in order to comply with a legal or regulatory obligation.

25.5        We will retain copies of any communications that You send to us (including copies of any emails) in order to maintain accurate records of the information that we have received from You.

26.           USE OF ‘COOKIES’ ON THE WEBSITE

26.1        The Website uses ‘cookies’ to track Your use of the internet and to assist the functionality of the Website. A cookie is a small file of text which is downloaded onto Your computer when You access the Website and it allows us to recognise when You come back to the Website. We use cookies for the operation of the Website, including (for example) to allow You to remain logged in as You browse between, and use Your Account to play Games on, different parts of the Website. We also use cookies for our own analytical purposes so that we can identify where customers have encountered technical problems on the Website, and therefore help us improve our customers’ experience.

26.2        If You object to cookies or want to delete any cookies that are already stored on Your computer, we recommend that You follow the instructions for deleting existing cookies and disabling future cookies on Your file management software. Please note that by deleting our cookies or disabling future cookies You may not be able to access certain areas or features of the Website.

27.           COMPLAINTS AND NOTICES

27.1        No claim or dispute with regard to:

27.1.1     the acquisition of a Ticket which You have made using the Services will be considered more than 30 days after the date of the original transaction; and

27.1.2     a Game which You have played using the Services will be considered more than 12 weeks after the date on which Your participation in the relevant Game took place.

27.2        Should You wish to make a complaint regarding the Services, as a first step You should as soon as reasonably practicable contact Customer Services about Your complaint, which will be escalated as necessary within our Customer Services team until resolution.

27.3        If there is a dispute arising from the Terms of Use which cannot be resolved by Customer Services having been escalated in accordance with paragraph 25.2, You can request that the matter be addressed by a manager or supervisor. We will endeavour to resolve the matter to Your satisfaction either immediately or by contacting You subsequently.

27.4        You acknowledge that our software will determine the outcome of the Games played through the Services and You accept the outcomes of all such Games. You further agree that in the unlikely event of a disagreement between the result that appears on Your screen and the Game server used by the Promoter, the result that appears on the Game server will prevail, and You acknowledge and agree that our records will be the final authority in determining the terms and circumstances of Your participation in the relevant online Game and the results of this participation.

27.7        When we wish to contact You, we may do so using any of Your Contact Details. Notices will be deemed to have been properly served and received by You immediately after an email is sent or after we have communicated with You directly by telephone (including where we leave You a voicemail), or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post; and in the case of an email, that such email was sent to the specified email address (if any) in Your Contact Details at the time that any such email was sent.

28.           TRANSFER OF RIGHTS AND OBLIGATIONS

28.1        We reserve the right to transfer, assign, sublicense or pledge the Terms of Use (an “assignment”), in whole or in part, to any person without notice to You, provided that any such assignment will be on the same terms or terms that are no less advantageous to You.

28.2        You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under the Terms of Use.

29.           EVENTS OUTSIDE OUR CONTROL

29.1        We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms of Use that is caused by events outside our reasonable control, including (without limitation) any telecommunications network failures, power failures, failures in third party computer (or other) equipment, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity and acts of government or other competent authorities (a “Force Majeure Event“).

29.2        Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.

30.           WAIVER

30.1        If we fail to insist upon strict performance of any of Your obligations or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.

30.2        A waiver by us of any default shall not constitute a waiver of any subsequent default.

30.3        No waiver by us of any of the provisions of the Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with paragraph 27 (Complaints and Notices) above.

31.           SEVERABILITY

31.1        If any of the Terms of Use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

31.2        In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the Promoter’s original intent.

32.           ENTIRE AGREEMENT

32.1        The Terms of Use and any document expressly referred to in them represent the entire agreement between You and us and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.

32.2        We each acknowledge that neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us except as expressly stated in the Terms of Use.

32.3        Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in the Terms of Use.

33.           LAW AND JURISDICTION

33.1        The Terms of Use shall be governed by and interpreted in accordance with the laws of Scotland.

33.3        The courts of Scotland shall have exclusive jurisdiction over any disputes arising out of the Terms of Use.

34.           RESPONSIBLE GAME PLAYING

34.1        For those customers who wish to restrict their frequency of playing Games, we provide a voluntary self-exclusion policy, which enables You to close Your Account or restrict Your ability to play Games on the Website for a minimum period of six months. You can ask that the restriction lasts for a period of up to five years. Once Your Account has been self-excluded You will be unable to reactivate the Account under any circumstances until the expiry of the period chosen under this paragraph. At the expiry of the self-exclusion period You will be entitled to re-commence use of the Services by contacting Customer Services or by opening a new account.

34.2        If You require any information relating to this facility please speak to Customer Services through the Help tab.

34.3        We will use our reasonable endeavours to ensure compliance with self-exclusion. However, self-exclusion requires the joint commitment of both You and the Promoter. During the self-exclusion period You must not attempt to try to open new accounts and You accept that we have no responsibility or liability whatsoever if You continue playing Games and/or seek to use the Website and we fail to recognise or determine that You have requested self-exclusion in circumstances which are beyond our reasonable control including, but not limited to, You opening a new account or using a different name or address.

34.4        The National Association for Gambling Care Educational Resources and Training (GAMCARE) provides information, advice and counselling to individuals, their family and friends who have concerns about problem gaming. The Helpline number for GAMCARE when calling from the UK is 0845 600 0133; this number may not be available from outside the UK.

34.5        The Promoter is committed to supporting the responsible playing of Games.

35.           LINKS

Where we provide hyperlinks to other websites, we do so for information purposes only. You use any such links at Your own risk and we accept no responsibility for the content or use of such websites, or for the information contained on them. You may not link to this site, nor frame it without our express permission.

36.           CONTACTING US

The Promoter can be contacted at the addresses given in paragraph 1.1 above; by e-mail or at the address set out in the Contact Us page.


 

 

APPENDIX

GAME END-USER LICENSE AGREEMENT

IMPORTANT

THIS WEBSITE IS OPERATING THE SOFTWARE OF THE SOFTWARE PROVIDER UNDER A LICENSE FROM THE SOFTWARE PROVIDER. A CONDITION TO YOUR DOWNLOADING OR OTHERWISE USING THE SOFTWARE IS THAT YOU ENTER INTO THE FOLLOWING LEGALLY BINDING SUB-LICENSE AGREEMENT WITH US, WHICH GOVERNS YOUR USE OF THE SOFTWARE.

PLEASE READ THIS AGREEMENT CAREFULLY, TO MAKE SURE YOU FULLY UNDERSTAND ITS CONTENT. BY CLICKING THE “I AGREE” BUTTON BELOW, YOU AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO CONTRACTS, AND YOU WAIVE ANY RIGHTS OR REQUIREMENTS UNDER APPLICABLE LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE, TO THE EXTENT PERMITTED UNDER APPLICABLE MANDATORY LAW; YOU ALSO CONFIRM THAT YOU HAVE READ THIS SUB-LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE “I AGREE” BUTTON AND DO NOT CONTINUE TO DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE.

DEFINITIONS

             The following words and terms, when used with this End User Licence Agreement (“EULA“), shall have the following meanings, unless the context clearly indicates otherwise:

“IP Rights”

all patents, rights to inventions, copyright and related rights, moral rights, database rights, semi-conductor topography rights, supplementary protection certificates, petty patents, utility models, trade marks, service marks, trade names, rights to goodwill and/or to sue for passing-off, rights in designs, personality rights, rights in undisclosed or confidential information (including without limitation know how, trade secrets and inventions (whether patentable or not)) and other similar or equivalent rights or forms of protection (in each case whether registered or unregistered) and all applications (or rights to apply) for, and for renewals or extensions of, any such rights, in each case as may now or in the future exist anywhere in the world;

“Online Game System”

Our internet game systems, game activities and related services operated on the Website;

“Player Account”

a personal account opened by an individual and maintained with us to enable that person to play Games in the Online Game System;

“Related Party”

in relation to a relevant party, a parent undertaking or a subsidiary undertaking, or a subsidiary undertaking of its parent undertaking, in each case from time to time; “undertaking”, “parent undertaking” and “subsidiary undertaking” shall have the meanings attributed to them in sections 1161 and 1162 of and schedule 7 to the Companies Act 2006 except that the figure of “50%” shall be substituted for each reference to “a majority” in such sections; and “Related Parties” shall be construed accordingly;

“Software”

 

the software to be Used by You for the purpose of playing Games in the Online Game System, including the related documentation and including any enhancements, modifications, additions, translations or updates to such software; 

“Software Provider”

the proprietor of the Software;

“You”/”Your”/”Yourself”

the user of the Software downloaded from the Website;

“Us”/”We”/”Ourselves”

means the Promoter;

“Use”

(a)   in relation to any software, load, install, execute, run, store, transmit, display and copy (for the purposes of loading, installation, execution, running, storage, transmission and display); and

(b)    in relation to any documentation, utilise and copy the documentation (in so far as is reasonably necessary for the purpose of using the Software under the terms of this EULA); and “Using” shall be construed accordingly; and

“Website”

means the Website as defined in the Terms of Use of which this EULA forms part, and any related sites accessible via links or any other access way.

 

 

1.             LICENCE TO USE SOFTWARE

1.1           Subject to clause 3 below, We hereby grant to You a limited, personal, non-exclusive, non-transferable right to Use the Software on Your computer, for the sole purpose of participating in the Online Game System including playing Games in accordance with the provisions of this EULA.

1.2           The licence in clause 1.1 above applies only to the object code of the Software (i.e. the compiled, assembled, or machine executable version of the Software, or any part of the Software) and does not grant You any rights whatsoever with respect to the source code of the Software (i.e the human readable form of the Software).

1.3           In addition, the licence in clause 1.1 above does not apply to certain excluded territories, identified by Us from time to time. IT IS YOUR DUTY TO CONSULT AND CHECK REGULARLY OUR WEBSITE REGARDING THE LIST OF THE EXCLUDED TERRITORIES.

1.4           We reserve any and all rights to Ourselves which are not expressly granted to You in clauses 1.1 and 1.2 above. In addition, except as specifically stated in clauses 1.1 and 1.2 above, You are not permitted to, and You agree not to permit or assist others to:

1.4.1       install or load the Software onto a server or other networked device or take other steps to make the Software available via any form of “bulletin board”, online service or remote dial-in, or network to any other person;

1.4.2       sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in this EULA), Your licence to use the Software or make or distribute copies of the Software;

1.4.3       remove any copyright, proprietary or similar notices from the Software (or any copies of it);

1.4.4       operate the Software or any part of it for the benefit of or on behalf of any third party, including by way of application service provider services, internet service provider services, timesharing arrangements, outsourcing services or bureau services;

1.4.5       use, copy, modify, create derivative works from or distribute the Software, any part of it, or any copy, adaptation, transcription, or merged portion of it;

1.4.6       (except to the extent permitted by law) decode, reverse engineer, decompile, disassemble or otherwise translate or convert the Software or any part of the Software; or

1.4.7       enter, access or attempt to enter or access or otherwise bypass Our security systems or interfere in any way (including but not limited to, robots and similar devices) with the Games or all or any part of the Website or attempt to make any changes to the Software and/or any features or components of the Software.

1.5           You acknowledge and agree that all IP Rights, title and interest in and to the Software, including in and to any modification, enhancement, adaptation, translation or other change of or addition to the Software, belong exclusively to the Software Provider (or its licensors), even if developed based on ideas, suggestions or proposals by You or any other third party. You irrevocably assign to the Software Provider all right, title, and interest You may have or may acquire in and to all such rights, including, without limitation, patent, copyright, trade mark, trade secret or know how, and You agree to sign and deliver to the Software Provider such documents as the Software Provider considers are required to evidence or effect the assignment of all of the aforesaid rights to the Software Provider.

1.6           THE SOFTWARE IS MADE AVAILABLE TO YOU UNDER THIS EULA ON AN “AS IS” BASIS, WITHOUT ANY UNDERTAKINGS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE (TO THE EXTENT SUCH EXCLUSIONS ARE PERMISSIBLE BY LAW).

1.7           WE AND THE SOFTWARE PROVIDER, AND ALL OF OUR AND/OR THE SOFTWARE PROVIDER’S RELATED PARTIES, HEREBY EXCLUDE AND DISCLAIM (TO THE EXTENT SUCH EXCLUSION IS PERMISSIBLE BY LAW) ANY AND ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE), AND, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER WE NOR THE SOFTWARE PROVIDER (OR OUR RESPECTIVE RELATED PARTIES) WARRANT, WITHOUT LIMITATION, THAT (A) THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY’S IP RIGHTS, OR THAT (B) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS VIRUS-FREE; OR THAT (C) THE SOFTWARE IS OF SATISFACTORY QUALITY OR FIT FOR ANY PARTICULAR PURPOSE; OR (D) THAT USE BY YOU OF THE SOFTWARE WITH ANY hardware OR OTHER SOFTWARE (OTHER THAN HARDWARE AND/OR OTHER SOFTWARE NOTIFIED AS BEING COMPATIBLE WITH THE SOFTWARE, SUCH INFORMATION BEING AVAILABLE WITH THE SOFTWARE DOWNLOAD AND/OR ON THE WEBSITE AND/OR ON THE SOFTWARE PROVIDER’S WEBSITE) WILL NOT CAUSE ANY DISTURBANCE TO THE SOFTWARE, TO SUCH HARDWARE OR TO SUCH OTHER SOFTWARE.

1.8           IN THE EVENT OF COMMUNICATIONS OR SYSTEM ERRORS OCCURRING IN CONNECTION WITH THE SOFTWARE, NEITHER WE NOR THE SOFTWARE PROVIDER NOR OUR AND/OR THE SOFTWARE PROVIDER’S RELATED PARTIES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY COSTS, EXPENSES, LOSSES OR CLAIMS ARISING OR RESULTING FROM SUCH ERRORS.

1.9           NEITHER WE NOR OUR RELATED PARTIES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR PAYMENTS MADE TO YOU AS A RESULT OF A DEFECT OR ERROR IN THE SOFTWARE, OR IN CONNECTION WITH ANY CLAIM OR DEMAND MADE BY THE SOFTWARE PROVIDER OR ANY THIRD PARTY FOR THE RETURN OF SUCH PAYMENTS OR OTHERWISE IN CONNECTION WITH SUCH PAYMENTS.

1.10        You hereby acknowledge that it is not in Our control how the Software is used by You. You load and use the Software at Your own risk and in no event shall We be liable to You for any direct, indirect, consequential, incidental or special damage or loss of any kind (except in respect of personal injury or death resulting from Our negligence).

2.             CONFIDENTIALITY

The Software includes non-public and confidential information, which is secret and valuable to Us or the Software Provider. You agree, as long as You use the Software and thereafter, to: (a) keep all such confidential information strictly confidential; (b) not to disclose such confidential information to a third party; and (c) not to use such confidential information for any purpose other than participating in the Online Game System. You further agree to take all reasonable steps at all times to protect and keep confidential such confidential information.

 

3.             YOUR DUTY TO EXAMINE LEGALITY OF USE

3.1           It is a condition of the grant of the licence to Use the Software in this EULA that You are of sufficient age to legally Use the Software and participate in any Game in the country where You will be Using the Software. You confirm that You are older than 18 years, and in any event of legal age as determined by the laws of the country where You live. You also confirm that You are aware of, and will keep Yourself appropriately up to date in relation to all relevant, legal issues relating to Your Use of the Software, and that You understand that We and the Software Provider are not warranting in any way or manner that the Use of the Software for the purposes of playing any Game or any online game activity, as such term is commonly understood in the industry, is legal in any jurisdiction.

3.2           Given the changes in the legal requirements in various jurisdictions, You undertake to examine the legality of Your participation in the Online Game System and use of the Software in each jurisdiction that is applicable to You and to do the same only in compliance with all applicable laws and orders of any competent authority, and You accept sole responsibility for determining whether Your Use of the Software is legal in the jurisdiction relevant to You and/or Your Use of the Software.

4.             NO CLAIMS AND LIMITATION OF LIABILITY

4.1           You understand and agree that (a) Your commitments under the Software related parts of this EULA are also for the benefit of the Software Provider and its Related Parties (and can therefore be enforced by them too), and (b) the Software Provider and its Related Parties are not parties to this EULA and will not be liable for any damages of any kind whatsoever caused to You or any third party, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise.

4.2           You are free to choose whether to download and Use the Software. If You do so, You acknowledge that You do so with the full understanding, and acceptance, of the terms of this EULA, including the provisions of this clause 4, and at Your own risk. IN NO EVENT SHALL WE, the Software Provider, OR ANY OF OUR AND/OR ITS RELATED PARTIES, IN AGGREGATE:

4.2.1       BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND WHATSOEVER; OR LOSS OF BUSINESS, PROFITS, REVENUE, CONTRACTS OR ANTICIPATED SAVINGS; OR LOSS OR DAMAGE ARISING FROM LOSS, DAMAGE OR CORRUPTION OF ANY DATA; OR

4.2.2       BE LIABLE TO YOU WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATING TO THIS EULA, HOWSOEVER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR DAMAGES EXCEEDING £1,000 (ONE THOUSAND POUNDS STERLING),

PROVIDED ALWAYS that nothing in this clause 4.2 shall exclude any liability to You which may arise from negligence causing death or personal injury; or from fraud or fraudulent misrepresentation.

5.             SECURITY

5.1           Collusion means a situation where two or more players attempt to earn an unfair advantage by sharing knowledge. Any player who attempts to or colludes with any other player while playing a Game will be prohibited from ever using the Website or the Software or any of Our other related services and their Player Account will be terminated effective immediately. We will do Our best to investigate complaints received against players suspected of collusion. If We or Our Related Parties suspect collusive behaviour during a Game, We or Our Related Parties may, in our sole discretion, terminate the suspected players’ access to the Game and/or block their Player Accounts. Neither We nor Our Related Parties will be liable under any circumstances whatsoever for any loss You or any other player may suffer or incur as a result of the collusive or otherwise unlawful activity and neither We nor Our Related Parties will be further obliged to take any other actions in the event of any suspected collusion or other unlawful activity.

6.             PRIVACY

6.1           We will only use Your personal information in accordance with Our privacy policy, which is set out in full on the Website. We reserve the right to amend such privacy policy at any time. However, We reserve the right to ask You to provide Us with additional details and any such additional information will be kept confidential. We further reserve the right under certain circumstances to disclose certain details to relevant authorities should We be required to do so by law or a regulatory body. Subject to the provisions of Our privacy policy, this right to disclose personal information to bodies or authorities whose purpose is to investigate money laundering, fraud and other criminal activity will be to the extent required by law or relevant legislation.

7.             YOUR WARRANTIES AND REPRESENTATIONS

You warrant and represent to Us that:

7.1           You are not a resident of any of the excluded territories referred to in clause 1.3 above;

7.2           You have examined the legality of Your participation on the Online Game System and Use of the Software in each jurisdiction that is applicable to You, and have found the same to be legal in such jurisdictions under all applicable laws and orders of any competent authority; and

7.3           You are not colluding or attempting to collude or intending to participate, directly or indirectly, in any collusion scheme, with any other player in the course of any Game You play or will play on the Online Game System.

8.             TERM AND TERMINATION

Upon any termination of this EULA, You agree and acknowledge that (i) Your rights to Use the Software shall immediately terminate, (ii) You will cease any and all Use of the Software, and (iii) You will remove the Software from Your computer, hard drives, networks and other storage material.

9.             GENERAL PROVISIONS

9.1           Governing Law. The construction, validity and performance of this EULA will be governed by the laws of England (except to the extent that local law applies to Your Use).

9.2           No assignment by You. You are not allowed to assign this EULA or any rights or obligations under this EULA to any other person or entity.

9.3           Priority. In the event of any conflict between the terms and conditions in this EULA and any other agreement or document referred to in this EULA or used in connection with the Software, the terms of this EULA shall prevail.