Terms & Conditions
Heelsumstraat 51 Unit B-03, E-Commerce Park, Curacao
License No. 8048/JAZ of the Central Government of Netherlands Antilles.
Welcome to Xplusnetwork!
These terms and conditions outline the rules and regulations for the use of Xplusnetwork’s Website, located under xplusnetwork.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Xplusnetwork if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Curacao. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Xplusnetwork and/or its licensors own the intellectual property rights for all material on Xplusnetwork. All intellectual property rights are reserved. You may access this from Xplusnetwork for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Republish material from Xplusnetwork
Sell, rent or sub-license material from Xplusnetwork
Reproduce, duplicate or copy material from Xplusnetwork
Redistribute content from Xplusnetwork
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Xplusnetwork does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Xplusnetwork,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Xplusnetwork shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Xplusnetwork reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Xplusnetwork a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
accounting, law and consulting firms; and educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Xplusnetwork; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Xplusnetwork. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Xplusnetwork’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
TERMS OF SERVICE
PLEASE READ THE TERMS OF SERVICE SET OUT HEREIN (“TERMS OF SERVICE”) CAREFULLY BEFORE USING THE SERVICES PROVIDED BY us (the “Company”).
By registering with the Company and/or by using the Company’s gambling services and/or by marking the “I accept these Terms and Conditions” box (or any other similar wording) and/or by downloading, installing or using the Software, you agree to be bound by the User Agreement in its entirety and without reservation, including Poker and Casino games Security & Ecology Agreement which can be found HERE. As such, the User Agreement constitutes a binding legal document between you and the Company and the Agreement shall govern your use of our gambling services at all times.
The Company’s software, which is available in either downloadable or non-download forms, and via either the Internet Platform or an Alternative Platform (the “Software”), allows you to use our gambling services (the “Services”). The Company reserves the right to suspend, modify, remove or add to the Services or Software in its sole discretion with immediate effect and without notice. The Company shall not be liable for any loss suffered by you resulting from any changes made and you shall have no claims against the Company in such regard.
You shall access the Software and use the Services only via your own account and you may never access the Software or use the Services by means of another person’s account. Should you attempt to use the Services by means of any other person’s account, we will be entitled to immediately close all your accounts, retain all monies in such accounts and bar you from future use of the Services.
If deemed applicable, the Company may decide in its sole discretion to prevent multiple accounts being registered or used by you or by anyone from the same family or living in the same household. The Company shall not be responsible in any way for preventing the registration of multiple accounts, but can take action, including retaining all monies in such accounts, on any person opening multiple accounts as required, including but not limited to situations where accounts are registered from the same household, regardless of the registration details provided at the time of
opening such accounts.
2. Acceptance of Terms and Conditions
If you do not agree to any of the provisions of the User Agreement you should immediately stop using the Software and remove the Software from your computer and/or any other applicable device.
We reserve the right to amend, modify, update and change any of the terms and conditions of the User Agreement from time to time and we will notify you of any such amendment, modification or change by publishing the new version of the User Agreement on the relevant page of all In-House Brand and White Label Brand Internet sites. Any modified version of the User Agreement will take effect 14 days after its publication on the Internet Site or earlier if required by any applicable law, regulation or directive and your continued use of the Services or the Software after the aforementioned period will be deemed to constitute your acceptance of the changes to the User Agreement. It remains your responsibility to ensure that you are aware of the correct, current terms and conditions of the User Agreement and we advise you to check for updates on a regular basis. PLEASE NOTE: We take our responsibilities in relation to your privacy exceedingly seriously and therefore changes to the Privacy. Policy are strictly subject to the modification provisions found therein.
3. Compliance with Laws
Internet gambling may not be legal in some jurisdictions. You understand and accept that the Company is unable to provide you with any legal advice or assurances in respect of your use of the Services and the Company makes no representations whatsoever as to the legality of the Services in your jurisdiction. Please verify the relevant laws in your jurisdiction before registering with the Company and using the Services.
The Services are intended only for users who are not prohibited by the laws of any applicable jurisdiction from gambling on the Internet. The Company does not intend to enable you to contravene applicable law. You represent, warrant and agree to ensure that your use of the Software and the Services will comply with all applicable laws, statutes and regulations. The Company shall not be responsible for any illegal or unauthorized use of the Software and/or the Services by you. Please consult legal counsel in the applicable jurisdiction if you have any doubts about the legality of your
use of the Software and the Services under the laws of any jurisdiction that applies to you. By accepting these terms, you agree to assist the Company, to the extent you are able, with its compliance with applicable laws and regulations.
Due to the many different gaming laws regarding online poker and risks involved with political instability and terror threats, the Company cannot currently accept players who reside in any of the following countries:
American Samoa, Angola, Eritrea, Ethiopia, Marshall Islands, Mauritania, Norfolk Island, North Korea, Oman, Palestinian Territory, Occupied, Rwanda, S. Georgia and S. Sandwich Isls., Saint Martin (French part), Seychelles, Somalia, Sudan, Tunisia, Virgin Islands (British), Virgin Islands (U.S.), Yemen, Zimbabwe.
We also restrict access from the countries below for the following reason – the countries require a jurisdictional license, we are currently in the process of acquiring license:
Curacao, France, Netherlands, United States of America, Australia, Denmark, Great Britain (UK), Ireland, Iran, Israel, Italy, Latvia, Philippines, Portugal, South Korea, Spain, Sweden, Aruba, Bonaire, St. Maarten, St Eustatia and Saba.
The restricted & limited access country lists above may change from time to time.
4. Permitted Participation
No-one under the age of 18 or the age of legal consent for engaging in the activities included in the Services under the laws of any jurisdiction, whichever is higher (“Legally of Age”) may download the Software or use the Services under any circumstances and any person not Legally of Age who downloads the Software or uses the Services will be in breach of the terms of the User Agreement. The Company reserves the right to request proof of age at any stage, to verify that persons not Legally of Age are not using the Services. The Company may terminate your account and/or exclude you from using the Software or the Services if proof of age is not provided by you or if the Company suspects that you are not Legally of Age. The Company reserves the right to withhold any funds in your account until your age is verified.
We reserve the right to verify your registration details, such as name, address, age, and payment methods used, at any time, by requesting certain documents. These documents shall typically include a government issued identity card, proof of address such as a utility bill, and proof of your payment method. If deemed necessary, we may request that the said document copies are notarized, meaning that the documents are stamped and attested by a Public Notary. In the event our requests for documents are not completed by the member, the Company may at its sole discretion terminate the account, and withhold any funds that are present therein. Should the documents fail our internal security checks ? for example, if we suspect that they have been tampered with, or are in any way provided to mislead or misrepresent ? we shall be under no obligation to accept such documents as valid, and under no obligation to provide feedback on the exact nature of our findings with regards to these documents. We reserve the right to perform background checks on any member and request any relevant documentation, for any reason, including (but not limited to) any investigation into the identity of the member, any credit checks performed on the member, or any enquiries into the member’s personal history. The basis for such investigations will be dependent on the specific case, but could include (but is not limited to)
verification of the member’s registration details, such as the name, address and age, verification of the member’s financial transactions, financial standing, and/or gaming activity. The Company is under no obligation to advise the member of such an investigation taking place. Such activities may include the use of specific third party companies, who perform the investigations as required.
The Company may decide at its sole discretion to terminate a member’s account, and withhold all funds in such account, on the basis that such an investigation provides a negative or uncertain conclusion.
5. Your Representations and Undertakings
In consideration of the rights granted to you to use the Services and the Software, you represent, warrant, covenant and affirm that:
You are Legally of Age as defined in the User Agreement, you are of sound mind and you are capable of taking responsibility for your own actions.
All details provided by you to the Company either during the registration process or at any time thereafter, including as part of any payment deposit transaction, are true, current, correct and complete and match the name(s) on the credit/debit card(s) or other payment accounts to be used to deposit or receive funds in your account. Without derogating from the aforementioned, should you use a credit/debit card or any other form of payment which is not in your private and personal name,
we will presume that you have received complete and sufficient consent from the rightful owner and/or the person whom name is used on such payment instrument to make use of such payment instrument for the purposes herein, prior to your engagement with us. We shall not be obligated in any manner to examine such consent and shall bear no responsibility with respect to your representations hereunder. You will promptly notify us of any changes to details previously provided by you to the Company.
From time to time you may be requested to provide us with certain documents to verify the details of the credit card used by you to deposit money to your account. Depending on the outcome of these verification checks you may or may not be permitted to deposit further monies with the credit card previously used by you. Should any of the information that you provide to us be untrue, inaccurate, misleading or otherwise incomplete, you will be in breach of contract and we reserve the right to terminate your account immediately and/or prevent you from using the Software or the Services, in addition to any other action that we may choose to take.
Your account with the Company is solely for your benefit. You shall not allow any third party (including a relative) to use your account, password or identity to access or use the Services or the Software and you shall be fully responsible for any activities undertaken on your account by a third party. You will not reveal your account username or password to any person and you shall take all steps to ensure that such details are not revealed to any person. You shall inform us immediately if you suspect that your account is being misused by a third party and/or any third party has access to your account username or password so that we may investigate such matter, and you will cooperate with us, as we may request, in the course of such investigation.
You are responsible for the security of your username and password on your own PC or internet access location. If this username password combination is “hacked” from your computer, due to any viruses or malware that is present on the computer that you access your account with, this is your responsibility. You should report any possible hacking attempts or security breaches from your computer terminal immediately to the Company.
You have verified and determined that your use of the Services does not violate any laws or regulations of any jurisdiction that applies to you.
You fully understand the methods, rules and procedures of the Services and Internet gambling in general. You understand that it is your responsibility to ensure the details of bets and games are correct. You will not commit any acts or display any conduct that damages the reputation of the Company.
You are fully aware that there is a risk of losing money when gambling by means of the Services and you are fully responsible for any such loss. You agree that your use of the Services is at your sole option, discretion and risk. In relation to your gambling losses you shall have no claims whatsoever against the Company or any company within our service or any White Label Brand or their respective directors, officers or employees.
You shall use our Internet sites (the “Sites”), the Services and the Software in complete accordance with the terms and conditions of the User Agreement, as amended from time to time, and you shall abide by all of the rules and instructions for playing the games that comprise the Services.
You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any winnings paid to you.
You acknowledge and agree that the Company may publish the amounts you have won alongside your username on the Sites and/or through social networks.
You are solely responsible for any telecommunications networks and Internet access services and other consents and permissions required in connection with your use of the Software and the Services.
You shall use the Services and the Software only in good faith towards both the Company and other players using the Services. In the event that the Company has reasonable suspicion that you have been using the Services or the Software in bad faith the Company shall have the right to terminate your account with the Services and any other accounts you may hold with the Company and the Company shall be entitled to retain all monies therein. You hereby expressly waive any future claims against the Company in such regard.
You acknowledge that certain games and tables which are included in the Service are offered to you on a “shared basis”, which enables users of the Service via the In House Brands, White Label Brands as well as users of third party platforms to play with one another. In such cases, you accept that you may play with or against other users, who may have different configurations to your own, this includes but is not limited to, different currencies and bet limits. You agree that, at the Company’s sole discretion, you may be pooled into these shared games and tables and that, to the extent that you breach the User Agreement, the Company shall have the right to block you from playing both via the In House Brands and the White Label Brands.
You acknowledge that in relation to peer-to-peer gaming, you may be at a disadvantage in relation to other players as a result of technical issues, such as slower network speeds or slower end user device performance. In addition, “live” TV events and other broadcasts may be delayed, resulting in other players possessing more up to date information in relation to the broadcasted events.
6. Prohibited Uses of the Sites and Services
Illegal Funds and Unlawful Activities: You declare that the source of funds used by you for gambling on the Sites is not illegal and that you will not use the Services in any way as a money transfer system. You will not use the Services for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under the laws of any jurisdiction that applies to you. If the Company has a reasonable suspicion that you may be engaging in or have engaged in fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of the User Agreement, your access to the Services may be terminated immediately and/or your account blocked. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund to you any funds that may be in your account. In addition to terminating your access to the Services and/or blocking your account, the Company reserves the right to prevent you from accessing any of the Company’s other websites or servers, or accessing any other services offered by the Company. The Company shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions (together “Interested Third Parties”) of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with the Company to investigate any such activity. In the interests of fair play on our Sites it is prohibited to utilize any recognized betting techniques to circumvent the standard house edge in our games. If the game play on your account indicates that you are using such betting techniques we shall immediately block the account and retain any funds in said account.
Circumvention: We have developed and employ sophisticated proprietary technology intended to seek out and identify users making fraudulent or unlawful use of the Services or Software. You shall not break into, access or attempt to break into or access or otherwise circumvent the Company’s security measures. If, the Company believes, in its sole discretion, that you are in breach of this clause, the Company may terminate your access to the Services immediately and/or have your account blocked, and the Company may inform Interested Third Parties of your breach of this clause.
Software Aids: You are not allowed to use any software program or robot which, in our opinion, is endowed with artificial intelligence (“Software Aid”) in connection with your use of the Services. We constantly review the use of the Services in order to detect the use of any Software Aid. In the event that we have reasonable suspicion that any Software Aid has been used, we reserve the right to take any action we see fit, including immediately blocking access to the Services to the offending user, terminating such user’s account and seizing all monies held in such account.
Intentional Disconnection: You are not allowed to intentionally disconnect from a game while playing on the Sites. We have developed and employ elaborate methods
which enable us to seek out and accurately identify users who carry out an intentional disconnection during a game. If, in the Company’s sole discretion, you are in breach of this clause, the Company may terminate your access to the Services immediately and/or have your account blocked. If your account is terminated or blocked in such circumstances,
the Company is under no obligation to refund to you any funds that may be in your account. In addition to terminating your access to the Services and/or blocking your account,
the Company reserves the right to prevent you from accessing any of the Company’s other websites or servers, or accessing any other services offered by the Company.
7. Your Account
Your account is for your sole personal use only and shall not be used for any professional, business or commercial purpose.
We take no responsibility for any third party access to your account and under no circumstances shall the Company be liable for any losses incurred by you as a result of misuse of your password by any person or for any unauthorized access to your account and all transactions where your user name and password have been entered correctly will be regarded as valid, whether or not authorized by you. Monies held in your account shall not attract any interest.
The Company may, at any time, set off any positive balances in your account against any amount owed by you to us. By way of example, in the event that following the settlement of a bet in your account in relation to your use of our sports betting services a resettlement is required, the Company shall be entitled to deduct from your account any required amount of money. We reserve the right to limit or refuse any bet, stake or other wager made by you or through your account.
8. Payment Transactions and Payment Fraud
Each user of the Service is fully responsible for paying all monies owed to the Company. You agree that you will not make or attempt to make any charge-backs, and/or deny or reverse any payment that you have made and you hereby agree that you will reimburse the Company for any charge-backs, denial or reversal of payments you make and any loss suffered by the Company as a consequence thereof. The Company may, at its sole discretion, cease to provide the Services or withhold payment to certain users or to users paying with certain credit cards.
In the case we have reasonable suspicion that a fraudulent payment is being made or received, including use of stolen credit cards, or any other fraudulent activity (including any charge-back or other reversal of a payment), we reserve the right to block or terminate a user’s account, reverse any pay-out made and recover any winnings. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments. However, under no circumstances shall the Company be liable for any unauthorized use of credit cards, irrespective of whether or not the credit cards were reported stolen.
We reserve the right to charge you fees for handling your deposits and withdrawals to and from your account as may be detailed in the “Cashier” from time
9. Obligations of the Company
The Company has no obligation to check whether users are using the Services in accordance with the User Agreement, as updated from time to time.
Under no circumstances shall the Company be obligated to investigate or pursue any complaints made by a player against any other player using the Services or to take any other action in connection therewith, or take any action against a player for any reason, including without limitation for violating the terms of the User Agreement. The Company may, at its sole discretion, decide to take appropriate action against any person it suspects of engaging in any unlawful behavior or otherwise violating the terms of the User Agreement, but is under no obligation to do so.
10. Limitations of Liability
You agree that you are free to choose whether to use the Services and do so at your sole option, discretion and risk.
The Company shall not be liable to you or any third party in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your, or any third party’s, use of the Software or the Services, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated winnings), business interruption, loss of business information, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage).
The Company shall not be liable in contract, tort or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use, of any link contained on the Sites. The Company is not responsible for the content contained on any Internet site linked to from the Sites or via the Services.
You confirm that the Company shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Software or the Services.
You agree that, in the event that the Software or Services fails to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission,
any loss or corruption of data or communication or lines failure, any person’s misuse of the Sites or its contents or any error or omission in content or any other factors beyond our control:
a. the Company will not be responsible for any loss, including loss of winnings, that may result; and
b. if any such errors result in an increase in winnings owed or paid to you, you shall not be entitled to the winnings falling within such increase. You shall immediately inform the Company of the error and shall repay any winnings credited to your account in error to the Company (as directed by the Company) or the Company may, at its discretion, deduct an amount equal to those winnings from your account or set off such amount against any money owed to you by the Company.
11. Breach of these terms and conditions
You agree to fully indemnify, defend and hold the Company, its white label partners and their respective companies and their respective officers, directors and employees harmless immediately on demand from and against all claims, demands liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result:
a. of any breach of the User Agreement by you;
b. violation by you of any law or the rights of any third party;
c. use by you of the Services or Software or use by any other person accessing the Services or Software using your user identification, whether or not with your authorization; or
d. acceptance of any winnings.
In addition to any other remedy available, if you breach any of these terms and conditions of the User Agreement or the Company has reasonable grounds for suspecting that you have breached the terms and conditions of the User Agreement, in addition to any other remedies available to the Company, your winnings may be forfeited at the discretion of the Company and the Company may retain any positive balance then existing in your account on account of any damages or other amounts owed by you to the Company pending investigation and/or the conclusion of any legal proceedings. Failure to comply with the User Agreement may also result in disqualification, account closure and/or legal action being taken against you.
12. Duration and Termination
The User Agreement shall come into force immediately upon your completion of the registration process with the Company and shall continue in force unless and until terminated in accordance with its terms.
We may terminate the User Agreement and your account (including your username and password) immediately without notice:
a. if for any reason we decide to discontinue to provide the Services in general or specifically to you;
b. if we believe that you have breached any of the terms of the User Agreement;
c. if your use of the Services has been in any way improper or breaches the spirit of the User Agreement; or
d. if your account is associated in any way with any existing account that has been terminated for breach of the User Agreement. If your account is associated with, or related to, existing blocked accounts, we may terminate your account, irrespective of the nature of this relationship, and the registration details provided on said accounts.
e. for any other reasonable grounds we see fit.
Save for as otherwise provided herein, on termination of the User Agreement any balance in your account will be returned to you within a reasonable time of your request, subject always to our right to deduct any amounts owed by you to us.
On termination of the User Agreement you shall:
a. discontinue the use of the Software and the Services;
b. pay all amounts due and owing to the Company; and
c. remove and permanently delete the Software from your computer equipment and destroy all related documentation in your possession, custody, power or control.
Upon the termination of the User Agreement for any reason, except as otherwise provided in the User Agreement and subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under the User Agreement.
In the event of our termination of the User Agreement on account of your breach of the Agreement, the Company will be under no obligation to refund to you any funds that may be in your account and you shall have no claims against the Company in such regard.
If any part of the User Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the
User Agreement and shall not affect the validity and enforceability of any of the remaining provisions of the User Agreement. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
No waiver by us of any terms of the User Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of the User Agreement.
Unless otherwise expressly stated, nothing in the User Agreement shall create or confer any rights or any other benefits to third parties.
Nothing in the User Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.
The User Agreement contains the entire agreement between the Company and you relating to your use of the Software and the Services and supersedes any and all prior agreement between the Company and you in relation to the same. You confirm that, in agreeing to accept the User Agreement, you have not relied on any representation save insofar as the same has expressly been made a representation by the Company in the User Agreement.
The Company reserves the right to transfer, assign, sublicense or pledge the User Agreement, in whole or in part, without your consent:
(i) to any entity within the same corporate group as the Company, or (ii) in the event of a merger, sale of assets or other similar corporate transaction in which the Company may be involved in.
You may not transfer, assign, sublicense or pledge in any manner whatsoever any of your rights or obligations under the User Agreement.
Subject to applicable laws and regulation, the Company may outsource any or all of the Services it provides under the User Agreement to third parties.
In the User Agreement, “you” or “your” or “user” or “player” means any person who uses the Services or the Software under the User Agreement. Unless otherwise stated, “we”, “us” or “our” refers collectively to the Company and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.
Nothing in the User Agreement shall be construed so as to grant you any security interest whatsoever over the assets of the Company, including for the avoidance of doubt on any amounts standing to the credit of your account.