THE FOLLOWING IS A LEGALLY BINDING AGREEMENT (THE “AGREEMENT“) BETWEEN WIN ENTA S.A.R.L. (THE “COMPANY“) AND YOURSELF, WITH CLEARING AND BILLING SERVICES PROVIDED BY ………………………….., (offshore company & Country). PLEASE READ CAREFULLY AND MAKE SURE YOU FULLY UNDERSTAND THE CONTENTS OF THIS AGREEMENT PRIOR TO THE USE OF THE WEBSITE AND/OR SERVICES. IF YOU HAVE ANY DOUBTS ABOUT ANY OF YOUR RIGHTS AND OBLIGATIONS RESULTING FROM ENTERING INTO THIS AGREEMENT, PLEASE CONSULT LEGAL COUNSEL.
BY CLICKING ON “SUBMIT” OR “I AGREE” AND/OR BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREED, IN FREE WILL AND CONSENT, TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITHOUT ANY RESERVATIONS. YOU ALSO AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO CONTRACTS, AND YOU WAIVE ANY RIGHTS OR REQUIREMENTS UNDER APPLICABLE LAWS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT CONTINUE TO USE THE WEBSITE AND/OR SERVICES.
1.1 In this Agreement, the following words and phrases shall (unless the context otherwise requires) have the meanings set out beside them:
Consideration means the consideration to be paid to the Company in connection with the Services provided and the purchase of a Ticket (including, but not limited to, the price of the Ticket).
Services means the Company’s services of purchasing, storing and handling Tickets, as well as collection of Winnings, as offered via the Website.
User means any person holding a valid User Account.
User Account means a personal account opened via the Website by an individual, solely for the use of that individual for the purpose of using the Services.
Us/We/Our means the Company, and any subsidiaries, affiliates, directors, officers, employees, representatives, agents and contractors, and any other person acting for or on behalf of the Company.
Website means any website owned, operated or hosted by the Company, and any software or content that is used to access such website.
Winnings means the winnings attributed to a Ticket, as determined solely by the Company.
You/Your means the User.
1.2 The preamble and definitions of this Agreement shall for all purposes form part of this Agreement, and constitute a material and substantial part of it.
2. THE SERVICES
2.1 The Company provides a messenger service that allows the purchase, storage and handling of Tickets, as well as the collection of Winnings. While the Tickets are purchased, stored and handled by the Company, We have no ownership rights in these Tickets, and they are wholly owned by You. However, in some instances, the Company will participate in the purchasing of the Tickets and will hold a stake in the Tickets (including, but not limited to, in any Winnings attributed to those Tickets); this will be applicable where the Company offers to purchase the Tickets in syndication and/or a group referred to in section 7 of this Agreement.
2.2 The Company does not offer any type of gambling products; the Tickets represent tickets purchased for the participation in lucky draw.
2.3 WE ARE NOT AFFILIATED OR ENDORSED BY ANY OPERATOR AND ANY REFERRAL TO ANY SPECIFIC OPERATOR ON THE WEBSITE IS SOLELY FOR INFORMATIONAL PURPOSES AND DOES NOT REPRESENT ANY RELATIONSHIP WHATSOEVER WITH ANY OPERATOR.
3. USE OF THE SERVICES
3.1 You may use the Services only if you are an individual, of at least 18 years of age (or such other higher minimum legal age in Your jurisdiction as required to use the Services) and it is legal for You to do so according to the laws that apply to You. You hereby represent and warrant that You do not violate any applicable law or regulation as a result of using the Services. If You reside or are present in any jurisdiction that prohibits using the Services, You shall not use the Services. We make no representations or warranties, expressed or implied, as to the lawfulness of any person’s participation in any activity through this Website (including, but not limited to, the use of the Services), and shall not be responsible for any illegal use of the Services and/or Website by You. The offering or availability of the Services and/or the Website shall not be deemed or interpreted as an offer or invitation by Us to use the Services and/or the Website. It is Your responsibility to ensure that You comply with any and all laws applicable to You before registering or participating in any activity through the Website. Without derogating from the above, it is Your sole responsibility to verify that You may participate in, and receive Winnings from, any lucky draw in which You participate via the Services, and You hereby acknowledge that it is not Our responsibility to so verify (and therefore the mere purchase of Tickets for You does not mean that We acknowledge that You may participate in, or collect Winnings of, any lucky draw) and accordingly waive any claim and/or argument You may have in this respect. You understand and accept that We are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to ensure that at all times You comply with the applicable laws and rules.
3.2 You acknowledge that You do not find the Services and the Website to be offensive, objectionable, unfair, or indecent in any way.
3.3 For the avoidance of doubt, it is hereby clarified that a person who is not entitled to use the Services – as well as any other person who substitutes such person – is also not entitled to any of the Winnings, and the Company reserves the right to shut down his/her User Account and seize any funds (including, but not limited to, Winnings) held in that User Account.
4. ACCOUNT REGISTRATION AND OPERATION
4.1 To use the Services and purchase the Tickets, You will first need to open a User Account with the Company.
4.2 For the purpose of opening a User Account, You will be required to provide information and documentation relating to, inter alia, Your name, address, email and telephone number. The Company reserves the right, at any point in time, to ask You to provide additional information and documentation, and Your User Account may be suspended until satisfactory information and documentation is provided; failure to provide the required additional information and documentation within the timeframe set by the Company may result in termination of Your User Account and forfeiture of the funds held in Your User Account.
4.3 By opening a User Account, You hereby represent, warrant, acknowledge and undertake, that (a) the details You submitted during the registration process are true and correct, and that You will update them, immediately upon any change thereto, (b) Your User Account is for Your personal use only and not on behalf of any third party, and that You may only open a single User Account with the Company, (c) any funds in Your User Account shall not accrue any linkage differentials and/or interest and are not insured, (d) You are at least 18 years old or such other higher minimum legal age in Your jurisdiction as required to use the Services, and You are of sound mind and You are capable of taking responsibility for Your own actions, (e) You will cooperate with the Company and provide it with all requested documentation in a full, complete and truthful manner, (f) You have verified and determined that Your use of the Services and the purchase of the Tickets on Your behalf does not violate any laws or regulations of any jurisdiction that applies to You, (g) You are responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable due to Your use of the Website (including, but not limited to, payment and receipt of Winnings); however, You acknowledge and agree that the Company may withhold and pay any taxes and/or fees and expenses required in connection with Your User Account, the purchase of the Tickets the collection and cashing out of funds in Your User Account, (h) You will use the Services in good faith towards Us and others using the Services, (i) the Company may at its sole discretion, open, maintain and/or close Your User Account, as well as seize, retain and/or hold all or part of the funds held in Your User Account and recover and/or forfeit any and all Winnings paid to You and/or to which You are entitled, and that any such decision by the Company or any other decision by the Company in connection with the Services, the Tickets and/or the Winnings shall be final and not subject to dispute or appeal, (j) You shall be fully and solely responsible for maintaining the confidentiality of Your User Account details (including, but not limited to, Your User name and password required for entering Your User Account), and for any and all actions and transactions taken in connection with Your User Account by anyone who enters Your User Account while using Your User Account details, and all such actions and transactions shall be deemed as actions and transactions taken by You, (k) You shall bear the full and sole responsibility for an unauthorized use of Your User Account, (l) You will immediately inform the Company of any suspected unauthorized use of Your User Account, (m) You shall not make any charge backs and/or deny or reverse any payment made by You in connection with the Services and/or the purchase of the Tickets, and You shall reimburse the Company for any loss, cost and/or damage it incurs as a result of any such action by You, and in any event You will promptly pay any and all of Your debts to the Company, and (n) You shall indemnify Us and hold Us harmless, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of or in connection with any breach of this Agreement by You, and any other liabilities arising out of Your use of the Services or any unauthorized use of the Services by any third party using Your User Account details.
4.4 The Company has no obligation to maintain User names or passwords. If You misplace, forget or lose Your User name or password, the Company shall not be liable for any direct or indirect loss associated with such occurrence.
4.5 You further represent, warrant, acknowledge and undertake that (a) You will not use Your User Account and will not allow any third party to use Your User Account for any illegal, unlawful, fraudulent, money laundering or other improper activities, and You shall not break into the Website or attempt to do the same (“Illegal Actions”), (b) in case You will perform any Illegal Action (and/or allow a third party to perform an Illegal Action) the Company shall be entitled to disclose any and all of content of Your User Account (including, but not limited to, personal identifiable information) to the relevant authorities, and to suspend and/or cancel Your User Account and confiscate any and all funds in Your User Account, (c) You shall be solely responsible for all losses, liabilities and damages incurred as a result of any Illegal Action performed by You (and/or allow a third party to perform an Illegal Action) and You shall indemnify Us for any such losses, damages and liabilities incurred from such activity, (d) You have not had a User Account in the past which was terminated or suspended by the Company, (e) the method of payment information You provided the Company in connection with Your User Account is of means of payment owned by You and in Your name (or that the owner of the means of payment provided You with all required consent to use that means of payment for using the Services and purchasing Tickets via the Website, and You are acting within the confines of that consent) and were not stolen or reported as lost, (f) the Company is not obligated in any form or manner to validate the consent granted to You by the owner of the means of payment which You use, and (g) You are not and You have not notified Us that You are addicted to gambling.
4.6 The Company shall be entitled to inform relevant authorities, online service providers, banks, credit card companies, electronic payment providers or other financial institutions or relevant authorities and/or entities of Your personal identifiable information and of any suspected unlawful, fraudulent or improper activity performed by You or via Your User Account, and You will cooperate fully with the Company to investigate any such activity.
4.7 To use the Services and to purchase a Ticket, You will be required to provide the Company with details of means of payment and/or transfer funds into Your User Account by any of the methods specified by the Company. If You transfer funds into Your User Account, such funds will be deposited into Your User Account upon actual receipt of funds by the Company. Minimum and maximum limits may be applied in respect of transferring funds into and out of Your User Account, depending upon Your history with the Company, the method of deposit, and other factors as determined solely by the Company. The Company will debit Your User Account and/or Your means of payment at any time between the time in which You place a request to purchase the Ticket and the time in which the Company purchases the Ticket on Your behalf.
4.8 When You deposit funds into Your User Account, the Company requires the following: (i) a copy of a valid identification document with a photo of Yours, (ii) a copy of the credit card used to make the deposit (front side with only the 4 last digits of the credit card number visible, back side with the CVV covered, and (iii) a copy of a recent utility bill in Your name and address. In order to avoid any delays in processing Your cashout requests, the Company requires the receipt of such documents as soon as possible. In some instances the Company may require receipt of such documents prior to performing any activity in Your User Account. You may send such documents by scanning them or taking a high quality digital camera picture, save them as jpeg file and send them via email to firstname.lastname@example.org.
4.9 Your request to purchase any Ticket on Your behalf is subject to sufficient funds in Your User Account to pay the Consideration or the provision of means of payment which allow the payment of the Consideration. If the funds in Your User Account are insufficient for the payment of the Consideration or the means of payment provided by You do not allow the payment of the Consideration, either at the time of the request placed by You to purchase a Ticket or at the time in which the Company debits Your User Account or the means of payment provided by You for any reason whatsoever (including, but not limited to, any limits placed by You, and any chargebacks or withdrawal of funds), or any time in between, regardless of whether Your request was registered with the Company or not; this will also be applied in case in which there is any change in the Consideration required by the Company for the purpose of purchasing the Ticket, even if that change occurred after You have requested the Company to purchase the Ticket or after Your request has been registered with the Company. The Company is not under any obligation to notify You of any such occurrence, and it is Your sole responsibility to confirm that there are sufficient funds in Your User Account to pay the Consideration or that the means of payment provided by You allow the payment of the Consideration. You hereby release, indemnify and hold Us harmless from any claims, liabilities, damages, losses, costs and expenses arising from not purchasing the Tickets due to lack of funds, in whole or in part, in Your User’s Account or the lack of possibility to debit the means of payment provided by You, in whole or in part. Without derogating from the above, You should verify that the Ticket was purchased by logging into Your User Account and reviewing Your Tickets.
4.10 Where using a credit card to purchase Tickets, Your credit card statement will show a description which will include ClickLuck.
5. BONUS POLICY
5.1 All promotions, bonuses or special offers are subject to promotion-specific terms and conditions and any bonus and/or promotion must be used in adherence with such terms and conditions in order to be eligible to receive the bonus or the promotion.
5.2 The Company reserves the right to withdraw any promotion, bonus or special offer at any time. In the event that the Company believes You are abusing or attempting to abuse a bonus or other promotion, or are likely to benefit through abuse or lack of good faith, then the Company may, at its sole discretion, deny, withhold or withdraw from You any bonus or promotion, or rescind any policy with respect to You, either temporarily or permanently, or terminate and/or block Your access to the Company’s services and products without being under any obligation to pay You any amount (even winnings generated from the use of such promotion, bonus or special offer).
5.3 The Company reserves the right to prevent Users registered, logging in or depositing from certain jurisdictions from participating and being eligible for any or all promotions and bonuses, at the Company’s sole discretion.
5.4 The provisions of this section 5 apply to all kind of bonuses, promotions and benefits granted to You in excess of the actual deposit made by You.
6. PARTICIPATION WITH OTHER USERS
6.1 The Company may offer, as a syndicate organizer and in respect of certain lotteries, the possibility to participate in the purchase of Tickets with other Users, in accordance with pre-determined programs provided by the Company (the “Programs“). The User participating in a Program will be contractually entitled to receive a portion of the Winnings attributed to the Tickets purchased in connection with that Program (subject to all other provisions of this Agreement) in accordance with that User’s share in that Program, as well as according to the fee to be paid to the Company in connection with the setting up and management of the Program (the “Ratio“).
6.2 If You choose to participate in a Program, You will be requested to inform the Company of the share of that Program You wish to purchase (subject to limitations provided in the Program). If not all of the shares of that Program are purchased, then the Company may, at its sole discretion, (i) purchase on its own behalf the remainder of the shares of that Program, or (ii) not purchase any Tickets in connection with that Program; the Company is under no obligation to provide You any notice to that effect, and it is Your sole responsibility to verify that the Tickets to be purchased in accordance with a Program were indeed purchased. The provisions of this section do not derogate from the provisions of sections 4.7 and 4.8.
6.3 It is hereby clarified that the numbers to be used in connection with the Program could change at the Company’s sole discretion. The numbers thus shown are solely for illustration purposes, and could be altered prior to the draw and between draws; You are not provided with any right to the numbers thus shown.
7. PURCHASE OF TICKETS
7.1 It is hereby clarified that the Consideration is higher than the price of the Ticket, and You hereby acknowledge that the difference between the Consideration and the price of the Ticket represents a fair compensation for the Company in connection with the Services it provides to You. You hereby waive any claim or argument in connection with the difference between the Consideration and the price of the Ticket, including, but not limited to, the fairness and appropriateness of such difference.
7.2 Once You have requested to purchase a Ticket, You will not be able to cancel such a request. Therefore, all requests to purchase Tickets are final, non-fundable and non-terminable.
8. RESULTS OF DRAWS AND WINNINGS
8.1 The results of the lucky draw will be published on the Website.
8.2 Following the publication of the results of the lucky draw, the Company will review whether any Tickets are entitled to receive any Winnings. Following such a review, the Company will notify the Users who are entitled to the Winnings in connection with that lucky draw; such notification will be done solely via the User Account. We will not be liable to You in connection with any error (including, but not limited, any error due to human and/or technical errors) in any notification (or lack of) of Winnings provided to You by the Company, including, but not limited to, errors in the determination of any entitlement to Winnings (whether You were wrongly or mistakenly notified You are entitled to Winnings, and/or whether You were wrongly or mistakenly not notified that You are entitled to Winnings (including, but not limited to, where such error caused You to receive an amount smaller than the amount of Winnings You were entitled to absent such error, or no amount whatsoever)) and/or the amount of Winnings. It is hereby clarified that it is Your duty and obligation to review the official results published by the Company.
8.3 You acknowledge and agree that in any lucky draw in which it is possible to receive the Winnings in a lump sum or in installments, the Winnings will be received in a lump sum, even if such choice carries with it diminution in the Winnings due to (without limitation) taxes, penalties, fees and/or the rules, terms and conditions of that lucky draw.
8.4 If any errors result in awarding Winnings to You or in an increase in Winnings paid to You, You shall not be entitled to these Winnings. You shall immediately inform the Company of the error and shall repay any Winnings credited to Your User Account in error to the Company (as directed by the Company) or the Company may, at its sole discretion, deduct an amount equal to those Winnings from Your User Account or set off such amount against any money owed to You by the Company.
9. FRAUDULENT ACTIVITIES
9.1 The Company holds a zero tolerance fraud policy, and is taking all measures possible to prevent it.
9.2 If, at the Company’s sole discretion, You are found to have acted fraudulently or have cheated or misused or attempted to defraud the Company or any other User (or suspected of such activity), including but not limited to manipulation or payment fraud, or if the Company suspects You of fraudulent activity, including (but not limited to) chargebacks, reversal of payment and/or use of stolen payment means, or of any illegal or prohibited activity (including, but not limited to, money laundering) or if Your deposits or payments failed to be honored for any reason, the Company reserves the right to withhold Winnings and cashouts, suspend or terminate Your User Account and all related User Accounts, seize and/or confiscate all funds contained within and recover bad debts using whichever method may be available to the Company. For the avoidance of doubt, it is hereby clarified that nothing within this Agreement will preclude the Company from utilizing any other remedy available to it in respect of any matter relating to this Agreement.
10. ANTI-MONEY LAUNDERING
The Company does not tolerate money laundering and supports the fight against money laundering. For this purpose, the Company uses, inter alia and without derogating from any other provision of this Agreement, the following policies:
• ensuring Users have valid proof of identification;
• maintaining records of identification information;
• determining that Users are not known or suspected terrorists by checking their names against lists of known or suspected terrorists;
• closely following Users’ money transactions
11. INTELLECTUAL PROPERTY RIGHTS
11.1 All the rights, including the intellectual property rights (including, but not limited to, patents, copyright, trademarks, service marks, logos, trade names, and know-how) concerning the Website, and all of its content (including, but not limited to, software and programs, files, video, audio, music, pictures, images, photographs, graphics, animations, pictures, text and software) and/or the Services (collectively the “Rights“), are and shall remain the sole and exclusive property of the Company. You may not use any of the Rights without the express prior written approval of the Company, except pursuant to this Agreement, and You shall not, by using the Services and/or the Website or otherwise, acquire any rights in any of the Rights. Without derogating from the above, You are strictly prohibited from: (i) copying. redistributing, publishing, reverse engineering, decompiling, disassembling, modifying, translating or making any attempt to access the source code of the Website and/or any content within the Website to create derivate works of the source code; (ii) selling, assigning, licensing, sublicensing, transferring, distributing any content of the Website and/or the Services, and (iii) making the Website and/or the Services (or any part thereof) available to any third party.
11.2 Without derogating from the generality of the foregoing, it is hereby clarified that “Clickluck” is the Company’s trademark, and any use thereof or of similar signs or marks is prohibited and will constitute a violation of the Company’s rights.
11.3 All content and use of the Website and the Services is for personal, non-commercial use only. Any other use is strictly prohibited and You will be solely liable for any damages, costs or expenses arising out of or in connection with the commission of any such use.
12. LIMITATION OF LIABILITY
12.1 We shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with Your use of the Website and/or Services and/or the provision of the Services, whether direct or indirect, incidental, special or consequential, including, but not limited to, damage for loss of business, loss of profits, loss of revenue, loss of Winnings, business interruption, loss of business information, loss of data (even where We have been notified by You of the possibility of such loss or damage). The Company shall make commercially reasonable efforts to prevent any malfunctioning in the Website’s activity. However, in any event of a technical failure in the Website’s operating or computer system, human error or force majeure, the Company will be entitled to cancel Your use of the Services, concerning which the malfunctioning has occurred. In such an event, Our sole responsibility and liability will be limited only to the Consideration that was paid by You for purchasing the specific Ticket for the specific lucky draw.
12.2 In addition to the above, it is clarified that the We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, data or information and any direct or indirect loss which arises from these occurrences. We are not responsible for any problems or technical malfunction of any telephone network or lines, computers, systems, servers or providers, computer equipment, software, emails or for traffic congestion on the internet or at any website.
12.3 We reserve the right to cancel, terminate, modify or suspend the Services if for any reason, the Services cannot be conducted as planned, including – but not limited to – infection by computer virus, bugs, tampering or unauthorized intervention, fraud, technical failures or any other causes beyond the Company’s control.
12.4 We make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software and Services contained and/or offered on the Website for any purpose. All information, software and Services are provided “as is” without warranty of any kind. We hereby disclaim all warranties with respect to information, software and Services contained or offered on the Website, whether express or implied. In any event, We shall have no liability with respect to any damage or loss that was caused due to reliance, of any type, on the information or any other publication or content appearing on the Website.
12.5 We shall not be responsible or liable to You in the event of systems or communications errors, bugs or viruses relating to the Services and/or Your User Account or which will result in damage to Your hardware and/or software and/or data.
We shall not be liable for any damage caused as a result of any attempt by You (or on Your behalf) to use the Website and/or Services by any methods, means or ways not intended by the Company.
12.6 We shall not be responsible or liable for any actions or omissions of internet service provider or any other third party which provides You with access to the Website and/or the Services.
12.7 You will use the Website and Services at Your own risk, and We shall not be responsible for any damage or loss You shall incur as a result of modifications, enhancement, termination, suspension or discontinuation of the Website or any of the Services. We will not be responsible for any damage or loss You shall incur as a result of Your use or reliance on the content of any website to which links appear on the Website. Any third-party links, services, resources and information that We provide on or make available through the Website are not controlled by Us. Accordingly, We make no warranties regarding such third-party services, resources and information, and We will not be liable for Your use of or reliance on such third-party services, resources or information
12.8 You will indemnify and hold Us harmless against all direct and indirect claims, liabilities, damages, losses, costs and expenses arising from Your breach of this Agreement. We reserve the right to withhold and/or deduct any payments and sums due to Us in connection with this indemnification obligation, from Your User Account.
12.9 We shall not be liable for failure and/or delay to perform any obligation under this Agreement (in whole or in part), including, but not limited to, the purchase of Tickets, the fulfillment of the choices You made in connection with the characteristics of the Tickets, collection of Winnings, choice of manner of the collection of Winnings, any requirement of any third party in connection with the collection of the Winnings and/or tax requirements and payments. Without derogating from the above, We will not be liable to You in connection with anything related to the Winnings, including, but not limited to, (i) any act or omission on Our behalf which has caused You to receive a smaller amount of money than the Winnings, or no Winnings at all, and/or (ii) any circumstances to cancel Your right to receive Winnings for any reason whatsoever; and You hereby waive any claim and/or argument in this respect.
12.10 THE WEBSITE, SERVICES, THE WEBSITE CONTENT AND THE SOFTWARE USED IN CONNECTION THEREWITH ARE PROVIDED “AS IS”, AND WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE, OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS OR OF APPLICABLE LAWS, RULES AND REGULATION, OR THAT THE WEBSITE, SERVICES, THE WEBSITE CONTENT AND THE SOFTWARE USED IN CONNECTION THEREWITH WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR WILL BE FREE OF VIRUSES OR BUGS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION THROUGH THE WEBSITE OR SERVICES.
If You have any complaints, claims or disputes with regard to the
Website and/or the Services, You must submit Your complaint to the Company in writing as soon as is reasonably practicable following the occurrence of the event to which the complaint, claim or dispute refers. Complaints may be submitted by email to email@example.com, or via our Contact Us Page indicating Your claim/complaint with maximum description and details.
14.1 The Company may, at its sole discretion, refuse to register and provide a User Account to anyone and close any User Account.
14.2 The Company shall be entitled, at its sole discretion and without any prior notice, to change, amend, modify, remove or discontinue, from time to time, any of the Services with immediate effect. We shall not be liable for any loss suffered by You resulting from any changes made and You shall have no claims against Us in such regard.
14.3 The Company may, at its sole discretion, transfer or assign this Agreement (in whole or in part) to any third party without any prior notice; without derogating from the above, the Website and/or any of the Services may be operated by third parties. You may not transfer, assign or pledge in any manner whatsoever any of Your rights or obligations under this Agreement.
14.4 You understand that You will receive electronic communications from the Company, posted on the Website and/or sent to You via e-mail. All such communications will be considered “in writing” and will be considered received by You within 24 hours from the time in which the notice was posted on the Website or sent to You via e-mail.
14.5 This Agreement constitutes the entire agreement between the Company and You with respect to the subject matter hereof and supersedes any and all prior agreement between the Company and You in relation to the same. You confirm that, in agreeing to accept this Agreement, You have not relied on any representation made by Us. Any representation, promise, undertaking or consent, whether verbal or in writing, which is not included in this Agreement, will not be valid.
14.6 The failure of the Company at any time in enforcing any right or remedy under this Agreement shall not be construed as a waiver of any future or other exercise of such right or remedy.
14.7 This Agreement shall be governed by and construed in accordance with the laws of the British Virgin Islands. You irrevocably agree to submit to the exclusive jurisdiction of the courts of the British Virgin Islands for settlement of any disputes or matters arising out of or concerning this Agreement or its enforceability.
14.8 If any part of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, then such provision shall be excluded from this Agreement and the remainder of this Agreement shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event this Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
14.9 You acknowledge that Your failure to comply with this Agreement may result in disqualification, the suspension and/or termination of Your User Account, forfeiture of funds and/or legal action against You.
14.10 The Company is entitled to amend this Agreement with immediate effect at any time and post the amended version on the Website, and to do so according to its absolute and exclusive discretion, and without providing any notice in advance. It is Your sole responsibility to review this Agreement and any amendments, before performing any activity via the Website. Any use by You of the Website and/or Services after making such an amendment shall be deemed as Your awareness and acceptance of any amendment of this Agreement. If any amendment of this Agreement is unacceptable to You, Your only recourse is to terminate this Agreement.
14.11 This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.
14.12 The Company may, at any time, set off any positive balances in Your User Account against any amount owed by You to the Company.
14.13 The Company reserves the right to limit or refuse any activity and/or request made by You or through Your User Account.
14.14 Unless explicitly stated in this Agreement, nothing in this Agreement shall: (i) be construed as creating any agency, arrangement, partnership, joint venture, trust of fiduciary relationships or any other similar relationship between You and Us; (ii) create or confer any rights or benefits to any third party, or (iii) grant You any security interest in any asset of Us, including (but not limited to) any sum held in Your User Account.