I. FairPlay CLUB
By subscribing/registering to/on our
thefairplayclub.io
website, and its sub-domains (collectively
referred to as “FairPlay site”) and/or
any services including, registering and playing
betting games, participating in betting contests
and tournaments, provided on the
FairPlay site, you agree that you have
read, understood and have agreed to be bound by
this Terms and Conditions, regardless of how you
subscribe to or use the services.
Please note that this Privacy Policy will be
agreed between you and FairPlay. (‘We’,
‘Us’ or ‘Our’, as appropriate). This Privacy
Policy is an integrated part of
FairPlay’s Terms and Conditions. We may
periodically make changes to this Privacy Policy
and will notify you of these changes by posting
the modified terms on our platforms. We
recommend that you revisit this Privacy Policy
regularly.Please read the Terms carefully and if
you do not accept the Terms, do not use, visit
or access any part (including, but not limited
to, sub-domains, source code and/or website
APIs, whether visible or not) of the
FairPlay site. The Terms shall also
apply to all telephone betting and betting or
gaming via mobile devices including downloadable
applications to a mobile device (as if
references to your use of the Website were
references to your use of our telephone betting
and/or mobile devices betting facilities). “We”,
“us”, “our”, “FairPlay” shall mean Win
Ventures NV and/or any of its affiliated
entities. For the purpose of these Terms and
Conditions, wherever the context so require
"you" or "your" or "User" or “Participant” shall
mean any natural or legal person who has agreed
to become a member of the FairPlay site
by visiting the FairPlay site as
registered User or a person who has used the
FairPlay site either through browsing or
otherwise. Where you play any game, or place a
bet or wager, using the Website, you accept and
agree to be bound by, the Rules which apply to
the applicable products available on the Website
from time to time.
FairPlay one stop shop for leisure
gambling games including Baccarat, Teen Patti,
Roulette, Poker, Blackjack and sports betting
through which it offers cricket based, football,
tennis, horse racing based online betting games
along with live casino betting. The
FairPlay site is neither affiliated by
nor associated to any sort of private or
government Sports leagues and tournaments until
and unless expressly stated by FairPlay.
In addition to this, the FairPlay app is
not related and does not claim any official
status with any of the official or non-official
sports teams and/or sportspersons.
II. USER REGISTRATION
To participate in FairPlay activities,
you must register by creating a
FairPlay club account by providing your
true information. In the event you wish to play
on the FairPlay site you shall create an
account with us. You shall do so after
completing the registration process by:
- Providing true, accurate, correct and complete information as prompted by the applicable registration form.
- Maintaining and updating true, accurate, correct and complete information provided by you during the registration process.
You shall be required to choose a username and
password. You shall be solely responsible for
maintaining the confidentiality of your account
username and password. You shall be solely
responsible for the registration information
provided by you during submissions and the
consequences of posting or publishing them.
FairPlay is only acting as a repository
of data and makes no guarantee as to the
validity, accuracy, or legal status of any
information / submissions.
If, at any time, FairPlay believes that
your account and password is being misused in
any manner, or that the information provided by
you during the above stated registration process
is not true, inaccurate or incomplete, then
FairPlay reserves the right to
terminate/cancel or suspend your account and
block your access to the FairPlay site.
You shall be solely and exclusively responsible
for any and/or all the activities that are
carried through your account. You agree to
notify FairPlay of any unauthorized use
of your account and/or any breach of security
please contact us at chat.
FairPlay shall not be liable for any
loss that you may incur as a result of another
person(s) using your account username and/or
password and / or your failure to comply with
this section. You shall be solely and
exclusively liable for all the losses to
FairPlay and/or other claims, damages,
fines due to such an unauthorized use.
If FairPlay charges you a platform fee
(facilitation fee) in respect of any
FairPlay services,
FairPlay shall, without delay, refund
such platform fee in the event of suspension
and/or termination of your account or
FairPlay services on account of any
fault on the part of FairPlay. It is
hereby clarified that no refund shall be payable
if such suspension and/or termination is
affected due to any breach or failure to adhere
any of these Terms and Conditions, Privacy
Policy and/or any other rules by the you, the
User, or a person(s) accessing your account by
using your username and password; or any
circumstances beyond the reasonable control of
FairPlay.
III. REGISTRATION AND PARTICIPANTS
The games/tournaments/contests available on the
FairPlay site are open only to persons
aged eighteen (18) years or above at the date of
usage and/or registration, who are participating
from jurisdiction where gaming on
FairPlay is permitted. Employees of
FairPlay, Play Ventures NV, their
associated, affiliated and subsidiary companies
and their families, agents, game sponsors, and
any person connected with FairPlay are
excluded from participating in the game and/or
winning a prize. By taking part in a game
(excluding administering the game) on the
FairPlay site, Users/Participants
warrant that all information submitted by them
is true, accurate and complete proof of age may
be required. Where this is not the case, we
reserve the right to suspend the account and
treat any deposits into the gambling account as
being invalid (and any winnings arising from
such deposit as void). Where an account is
suspended, the relevant customer may contact us
at chat seeking details regarding the same. The
sole discretion to declare a User ineligible to
participate shall vest with FairPlay.
Users/Participants who wish to participate shall
have a valid email address. In order to register
for the betting games, Users/Participants are
required to accurately provide the following
information:
- Full Name
- E-mail address
- Password
- Gender
- Date of birth
As part of the registration process, we may
supply your information details to authorized
credit reference agencies to confirm your
identity and payment card details. You agree
that we may process such information in
connection with your registration. Participants
may open only one account; in case we identify
any customer with more than one account we
reserve the right to treat any such accounts as
one joint account. Participant must keep their
registration and account details up to date.
This, and your account information, may be
amended in the personal section of the Website.
If you require any assistance, please contact us
at chat.
IV. ACCOUNT DETAILS
FairPlay allows all its users to choose
their own Username and Password combination for
their account. Users must keep this information
secret and confidential as you are responsible
for all bets/wagers placed on your account and
any other activities taking place on your
account. Bets will stand if your Username and
Password have been entered correctly or if your
account has been accessed via Touch ID,
Fingerprint log in, Face ID, Passcode, subject
to there being sufficient funds in the account.
If, at any time, you feel a third party is aware
of your Username, Password you should change it
immediately via the FairPlay site. In
case you forget part or all of your combination,
contact us at chat or avail the Chat support
made available for Users on the Platform. If you
activate Touch ID, Fingerprint log in, Face ID,
Passcode and feel that a third party could be
accessing your account via any of these methods
then you should immediately disable Touch ID,
Fingerprint log in, Face ID, Passcode from all
of your devices and contact us at chat. You are
responsible for the security of your device(s)
and for all bets/wagers placed on your account
and any other activities taking place on your
account.
If you nominate another person as an authorized
user of your account, you shall be responsible
for all transactions such person makes using the
relevant account details. Should you lose your
account details or feel that someone else may
have your account details, please contact us at
chat. Please note that cardholder details and
any other sensitive data should never be sent to
us by unencrypted email. The current balance and
transaction history of your account may be
viewed at any time once you have logged into
your account on the Website.
V. SUSPENSION AND CLOSURE
Reach out to us at chat in case of closure of
accounts. Any negative balance on your behalf
will be immediately due and payable to
FairPlay, and your account will not be
closed until the relevant amount owed to
FairPlay is paid in full.
FairPlay reserves the right to close or
suspend your account at any time and for any
reason including any violation of laws, if a
user is participating on the
FairPlay site illegally. Without
limiting the preceding sentence,
FairPlay shall be entitled to close or
suspend your account if:
i.FairPlay considers that you have used
the Website in a fraudulent manner or for
illegal and/or unlawful or improper purposes;
ii. FairPlay considers that you have used the Website in an unfair manner, have deliberately cheated or taken unfair advantage of FairPlay or any of its customers or if your account is being used for the benefit of a third party;
iii. FairPlay considers that you have opened or are using any additional accounts to conceal your activity or to avoid measures put in place on other active or inactive accounts;
iv. FairPlay considers that you have deliberately provided incomplete or inaccurate information when registering with the site or during of our verification processes;
v. FairPlay is requested to do so by the police, any governmental or other regulatory authority, court or other authority of competent jurisdiction, law or applicable regulation;
vi. FairPlay considers that any of the events referred to in (i) to (iv) above may have occurred or are likely to occur; or
vii. you become bankrupt;
viii. you are in breach of FairPlay’s Responsible Gaming Policy and/or FairPlay determines that your continued participation may be detrimental to your health;
ix. your account is deemed to be dormant and its balance is, or reaches zero or is otherwise closed in accordance with the Terms and Conditions listed herein.
ii. FairPlay considers that you have used the Website in an unfair manner, have deliberately cheated or taken unfair advantage of FairPlay or any of its customers or if your account is being used for the benefit of a third party;
iii. FairPlay considers that you have opened or are using any additional accounts to conceal your activity or to avoid measures put in place on other active or inactive accounts;
iv. FairPlay considers that you have deliberately provided incomplete or inaccurate information when registering with the site or during of our verification processes;
v. FairPlay is requested to do so by the police, any governmental or other regulatory authority, court or other authority of competent jurisdiction, law or applicable regulation;
vi. FairPlay considers that any of the events referred to in (i) to (iv) above may have occurred or are likely to occur; or
vii. you become bankrupt;
viii. you are in breach of FairPlay’s Responsible Gaming Policy and/or FairPlay determines that your continued participation may be detrimental to your health;
ix. your account is deemed to be dormant and its balance is, or reaches zero or is otherwise closed in accordance with the Terms and Conditions listed herein.
If FairPlay closes or suspends your
account for any of the reasons referred to in
(i) to (viii) above, you shall be liable for any
and all claims, losses, liabilities, damages,
costs and expenses incurred or suffered by
FairPlay (together “Claims”) arising
therefrom and shall indemnify and hold
FairPlay harmless on demand for such
Claims. In the circumstances referred to in (i)
to (iv) above (“Prohibited Events”),
FairPlay shall also be entitled to void
any bets or other activity and withhold and/or
retain any and all amounts which would otherwise
have been paid or payable to you (including any
winnings, Bet Credits or bonus payments) that
are attributable to a Prohibited Event or up to
an amount no greater than any amount previously
withdrawn by you where that amount withdrawn is
attributable to a Prohibited Event.
VI. FINANCES
A. Deposits And Wagers
You may only bet/wager with the amount of
cleared funds held in your account. Accordingly,
if you want to place bets or participate in
gaming, you must deposit monies into your
account. By depositing funds into your account,
you direct us and we agree to hold them, along
with any winnings, for the sole and specific
purpose of using them (i) to place your sporting
and gaming stakes; and (ii) settling any fees or
charges that you might incur in connection with
the use of our services (Purpose). We shall be
entitled to suspend or close your account if we
reasonably consider or have reason to believe
that you are depositing funds without any
intention to place sporting and/or gaming
stakes. In such circumstances we may also report
this to relevant authorities.
For payment methods that require a specific
account holder, you should only deposit funds
into your gambling account from a source where
you are the named account holder. In such cases
where FairPlay identifies that the named
account holder differs from that which holds the
FairPlay account, we reserve the right
to treat any deposits into the gambling account
as being invalid (and any winnings arising from
such deposit as void).
For payment methods that require a specific
account holder, you should only deposit funds
into your gambling account from a source where
you are the named account holder. In such cases
where FairPlay identifies that the named
account holder differs from that which holds the
FairPlay account, we reserve the right
to treat any deposits into the gambling account
as being invalid (and any winnings arising from
such deposit as void).
All funds that we hold for you are held in
separate designated customer bank accounts to be
used solely for the Purpose and the bank has
acknowledged this. We must return the funds to
you if they are not used for the Purpose. The
bank has acknowledged that your funds are held
in those accounts solely for the Purpose. The
bank has confirmed that it will not mix
customers’ funds in those accounts with any
other, including our own, and that it has no
claim on the funds itself. In view of the above,
in the event of our insolvency, your funds are
protected. The funds would still belong to you
and would not fall into the hands of the
liquidator.
All funds that we hold for you are held in
separate designated customer bank accounts to be
used solely for the Purpose and the bank has
acknowledged this. We must return the funds to
you if they are not used for the Purpose. The
bank has acknowledged that your funds are held
in those accounts solely for the Purpose. The
bank has confirmed that it will not mix
customers’ funds in those accounts with any
other, including our own, and that it has no
claim on the funds itself. In view of the above,
in the event of our insolvency, your funds are
protected. The funds would still belong to you
and would not fall into the hands of the
liquidator.
You agree that we shall be entitled to retain
any interest which might accrue on monies held
in your FairPlay account. No credit will
be offered by any employee of FairPlay ,
and all bets must be supported by sufficient
funds in the customer account.
FairPlay reserves the right to void any
bet/wager which may have inadvertently been
accepted when the account did not have
sufficient funds to cover the bet/wager. Should
funds be credited to a customer's account in
error it is the customer's responsibility to
inform FairPlay without delay,
FairPlay will recover such funds by
account adjustment. Unless otherwise stated, all
examples given on the FairPlay site are
given in Euro(s) and/or the consequent local
currency depending on the geographical location
of the Users.
If FairPlay considers that you are using
the Website for any reason other than the
authorized purpose, FairPlay shall be
entitled to close or suspend your account and
you shall:
a. be liable for any and all claims incurred arising therefrom; and
b. indemnify FairPlay on demand for such claims.
a. be liable for any and all claims incurred arising therefrom; and
b. indemnify FairPlay on demand for such claims.
In addition, FairPlay shall be entitled
to withhold and/or retain any and all amounts
earned or received by you as a result of or in
connection with your ‘unauthorized’ use of the
Website including activities which are not for
an authorized purpose. FairPlay does not
charge for deposits made by Debit/Credit Card,
however please be aware that some card issuers
consider betting transactions as ‘cash’ payments
and therefore may charge you a cash advance fee.
Please check with your card issuer for further
details. Any and all bank charges and other
chargeback fee, shall solely be the liability of
the User/yours.
B. Withdrawals
- All withdrawals will be processed to the payment account from which the deposits were made. Withdrawal payments can only be made in the name of and to the registered account holder.
- For most payment types, withdrawals can be processed by clicking 'Withdraw' on the Website, subject to there being sufficient funds in your betting account. There is no set maximum withdrawal amount per day.
- If the value of a deposit is not played through in full before a withdrawal is requested, FairPlay reserves the right to make a charge to the customer’s account to cover all reasonable costs relating to both the deposit and withdrawal. If necessary, the value of the withdrawal requested may be reduced accordingly.
- If the deposit method of the account is paysafecard and the value of a deposit is not played through in full before a withdrawal is requested, or there is any evidence of a series of bets/wagers placed which results in guaranteed customer profits irrespective of the outcome, or where all the betting/wagering is determined to be low risk, FairPlay reserves the right to request a receipt showing proof of purchase of the voucher before any withdrawals are processed.
C. Other
- If we incur any charge-backs, reversals or other charges in respect of your account, we reserve the right to charge you for the relevant amounts incurred. We may, at any time, set off any positive balance on your account against any amounts owed by you to FairPlay or any company within the FairPlay group.
- You are responsible for reporting your winnings and losses to the tax and/or other authorities in your jurisdiction. Internet gambling may be illegal in the jurisdiction in which you are located. If so, you are not authorized to use your payment card to complete the transaction. However, any bets/wagers accepted from such jurisdictions will stand - win or lose.
VII. BETTING PROCEDURES
A. Placing Bets/Wagers
It is the responsibility of the customer to
ensure details of their bets/wagers are correct.
Once bets/wagers have been placed they may not
be cancelled by the customer. Bets can only be
changed by the customer using our Edit Bet
feature, where this is available.
FairPlay
reserves the right to cancel any bet/wager at
any time.
Your funds will be allocated to bets/wagers in
the order they are placed and will not be
available for any other use.
FairPlay reserves the right to void
and/or reverse any transactions made after a
bet/wager has been placed involving allocated
funds, either at the time or retrospectively.
B. Bet/Wager Confirmation
Bets/wagers will not be valid if there are
insufficient funds in your account. In case of
telephone bets/wagers 'acceptance confirmed'
will be deemed only after an operator has
completed a full read back of the bet/wager
details and confirmed to the customer that the
bet/wager has been successfully processed and
accepted.
A bet/wager that you request will only be valid
once accepted by FairPlay’s servers.
Each valid bet/wager will receive a unique
transaction code. We shall not be liable for the
settlement of any bets/wagers which are not
issued with a unique transaction code. If you
are unsure about the validity of a bet/wager,
please check your account history, or Contact
Us.
Notwithstanding the above, if bets/wagers are
placed via a credit or debit card they are not
valid until we have received payment in full.
The bet/wager will be automatically void if we
have not received the payment prior to the
relevant event commencing.
Should a dispute arise, you and
FairPlay agree that the
FairPlay transaction log database will
be the ultimate authority in such matters.
C. Offers
Where any term of an offer or promotion is
breached or there is any evidence of a series of
bets placed by a customer or group of customers,
which due to enhanced payments, Free Bets, risk
free bets, Bet Credits or any other promotional
offer results in guaranteed customer profits
irrespective of the outcome, whether
individually or as part of a group,
FairPlay may reclaim the enhanced
payment, Free Bet, risk free bet or Bet Credit
element of such offers and/or void any bet
funded by the Free Bet or Bet Credits. In
addition, where there is evidence of such
activity, FairPlay may levy an
administration charge on the customer up to the
value of the Bet Credits, Free Bet, risk free
bet or enhanced payment towards the
administrative costs incurred in identifying and
taking action against the activity.
FairPlay may reclaim any bonus amount,
Free Bets, Bet Credits or enhanced payments that
have been awarded in error. All customer offers
are limited to one per person. If
FairPlay has reasonable grounds to
suspect that a bonus or offer is being claimed
by or for the benefit of the same person more
than once or by a group of people then it may
withdraw the availability of any offer or all
offers to that customer or group of customers
and/or void any bet funded by the bonus or offer
and remove any winnings from such bet.
FairPlay may, at any time, make minor
amendments to the terms and conditions of any
offer or promotion to correct typographical
errors or to improve on clarity or customer
experience and may cancel any offer or promotion
for legal or regulatory reasons.
FairPlay reserves the right to amend the
terms of or cancel any customer offer or
promotion at any time.
D. Settlement and Payouts
- All bets and wagers are subject to the Betting Coverage provisions (including maximum winnings) set out in Appendix Two to these Terms and Conditions.
- FairPlay reserves the right to suspend a market and/or cancel any bet/wager anytime. When a market is suspended any bets entered will be rejected. FairPlay also reserves the right to cease betting on any markets at any time without notice. Should a customer include a non-runner or void selection in a multiple bet/parlay, the bet will be settled on the remaining selections. This includes selections that have been made void where ‘Void if player does not start’ is selected at bet placement.
- Winnings from settled bets/wagers are added to the balance of your betting account. Any funds/winnings credited to an account in error are not available for use, and FairPlay reserves the right to void any transactions involving such funds and/or withdraw the relevant amount from your account and/or reverse the transaction, either at the time or retrospectively.
- FairPlay reserves the right to withhold payment and to declare bets on an event void if we have evidence that the following has occurred: (i) the integrity of the event has been called into question; (ii) the price(s) or pool has been manipulated; or (iii) match rigging has taken place. Evidence of the above may be based on the size, volume or pattern of bets placed with FairPlay across any or all of our betting channels. A decision given by the relevant governing body of the sport in question (if any) will be conclusive. If any customer owes any money to FairPlay for any reason, we have the right to take that into account before making any payments to that customer.
- Where there is evidence of a series of bets each containing the same selection(s) having been placed by or for the same individual or syndicate of individuals, FairPlay reserves the right to make bets void or withhold payment of returns pending the outcome of any subsequent investigation.
- For events where there is no official 'off' declared, the advertised start time of the event will be deemed the 'off'. If for any reason a bet is inadvertently accepted after an event or match has commenced (other than live In-Play betting clearly indicated on the Website), bets will stand providing the final outcome is not known, and that no participant/team has gained any material advantage (e.g., a score, sending off for the other team, etc.) at the time the bet was placed. If the outcome of an event/market is known FairPlay reserves the right to void the bet, win or lose. Disputes over times bets are placed will be settled using the transaction log. All times stated on the Website and/or referred to by FairPlay staff relate to Sri Lanka Standard Time (SLST) unless stated otherwise.
- In-Play betting - where we have reason to believe that a bet is placed after the outcome of an event is known, or after the selected participant or team has gained a material advantage (e.g., a score, sending off for the other team etc.) we reserve the right to void the bet, win or lose. If for any reason we are unable to validate the outcome of a particular market (e.g., due to loss of live pictures), all bets will be void, unless settlement of bets is already determined.
- Where a customer gives ambiguous instructions, FairPlay reserves the right to split the number of monies staked between the potential outcomes. Where this is impractical, we reserve the right to void the whole of that bet. In any event, the decision of FairPlay is final.
VIII. USE OF THE FairPlay SITE
All materials provided on the
FairPlay site, including but not limited
to all information, materials, functions, text,
logos, designs, graphics, images, sounds,
software, documents, products and services
(collectively, the "Materials"), and the
selection, arrangement and display thereof, are
the copyrighted works of FairPlay and/or
its vendors and/or suppliers. All Materials
herein and FairPlay’s software are the
exclusive properties of FairPlay. Except
as stated herein, none of the Materials may be
modified, copied, reproduced, distributed,
republished, downloaded, displayed, sold,
compiled, posted or transmitted in any form or
by any means, including but not limited to,
electronic, mechanical, photocopying, recording
or other means, without the prior written
permission of FairPlay.
For payment methods that require a specific
account holder, you should only deposit funds
into your gambling account from a source where
you are the named account holder. In such cases
where FairPlay identifies that the named
account holder differs from that which holds the
FairPlay account, we reserve the right
to treat any deposits into the gambling account
as being invalid (and any winnings arising from
such deposit as void).
Subject to your compliance with these Terms and
Conditions, FairPlay hereby grants you
the right to access and use the
FairPlay site only for personal and
non-commercial purposes. You undertake that you
shall not use the FairPlay site for any
commercial purposes and/or in any way that is
unlawful, or harms us or any other person or
entity, as determined in our sole discretion.
You may post/share links/images/text content on
the FairPlay site on social media
platforms like Facebook, Twitter, Google+,
Snapchat, Instagram, YouTube or any other social
media sharing platform with appropriate
link-back to the original source.
When the FairPlay site provides for the
download of any particular Material including
any software, you may download such Material
and/or software to a computer or mobile device
(as applicable) for your personal,
non-commercial use only, provided that you
shall:
- keep a record of and not amend copyright and other proprietary notices;
- make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the FairPlay site or the Material including the software, in whole or in part, and;
- not transfer any Material and/or software and/or any part thereof to any other computer and/or mobile device. Any commercial or business use of the FairPlay site or any Material including the software is expressly prohibited.
Except as expressly provided above, nothing
contained herein shall be construed as
conferring, by implication, estoppel or
otherwise, any license or right under any
patent, trademark, design or copyright of the
FairPlay intellectual properties. You
acknowledge and agree that nothing in these
Terms and Conditions shall have the effect of
transferring the ownership of any copyrights,
trademarks, service marks, trade names, source
code or other proprietary rights on the
FairPlay
site or Material or software or any part thereof
to you or any third party.
IX. PROHIBITED USE AND FairPlay POLICY
a. Prohibited Use.
As a condition of your use of the
FairPlay site, you shall not use the
FairPlay site for any purpose that is
unlawful or prohibited under these Terms and
Conditions or under any relevant laws, statutes,
order, ordinances and regulations. The duty to
verify whether the use of the
FairPlay site is legal in your
jurisdiction is your sole and exclusive
responsibility. You shall not display, upload,
modify, publish, transmit, update or share any
information on the FairPlay site that
is:
- promoting illegal or tortuous activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- attempting to circumvent, disable or otherwise interfere with security-related features of FairPlay or features that prevent or restrict use or copying of any content or enforce limitations on the use of FairPlay or the content therein;
- using cheats, exploits, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the FairPlay site, and taking advantage of cheats or exploits;
- using any software that intercepts, mines, or otherwise collects information about other Users or copies and stores any Proprietary Materials;
- interfering with, disrupting, or creating an undue burden on the FairPlay site or the networks connected to the FairPlay site;
- attempting to impersonate another User or person;
- soliciting personal information from anyone under the eighteen (18) years of age;
- using the account, username, or password of another account holder at any time or disclosing the User account password to any third party or permitting any third party to access the User Account;
- using any information obtained from the FairPlay site in order to harass, abuse, or harm another person;
- using any unfair, misleading or deceptive content intended to draw traffic to one’s profile;
- using the FairPlay site and/or software in a manner inconsistent with any and all applicable laws and regulations;
- sub-license, rent, lease, sell, trade, gift, bequeath or other transfer of the User account associated with the User account to anyone;
- access or use of a third-party account that have been sub-licensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the holder or the original account creator; and
- using the FairPlay site and/or Software and/or materials for any commercial purpose.
b. FairPlay Policy.
We at FairPlay consider the
FairPlay of online betting
game/tournament/contest of utmost importance. In
order to prevent any form of fraud or unfair
play in our games/contests/tournaments or on our
site - all User actions including -
deposits/identity verification/Betting
Games/Tournaments/Contests are monitored to
ensure a safe, legal and fair environment for
you (the Users/Participants). Every single
betting game/tournament/contest shall be a fair
individual effort. Hence, as part of the
FairPlay policy to prevent any form of
fraud & in-game collusion all User/Participant
actions are monitored and recorded. Any
detection of a breach of our
FairPlay policy, such as and not limited
to, fraudulent deposits under a stolen identity
or collusion in gameplay, shall result in swift
and serious action taken by
FairPlay against the suspected
User/Participant.
X. LEGALITY:
The User’s/Participant’s use of the
FairPlay site and software is also
subject to relevant legislations which apply to
the User on the basis of the location from which
he/she accesses the FairPlay site.
In case wherein detailed audits on the end of
FairPlay , any User/Participant is found
to be a resident of any of a
jurisdiction/territory in which gaming/gambling
or any aspect of it is restricted/prohibited and
it is found that the user is hiding such details
from FairPlay at the time of
registration then actions mentioned under these
Terms and Conditions including (but not limited
to) blocking of account, account reset, account
deletion or deactivation shall be initiated. If
the laws of these jurisdictions change and the
residents of these jurisdictions are allowed to
participate in the paid versions of games
offered on the FairPlay Site, the
Users/Participants shall be treated as new
registrations and in no case, previous winnings
shall be considered and any claim of such sort
will not be entertained in any case.
The User/Participant agrees that
FairPlay shall not be held liable if
laws applicable to the User/Participant
restricts or prohibits his/her participation.
FairPlay makes no representations or
warranties, implicit or explicit, as to the
User’s legal right to participate nor shall any
person affiliated or claiming affiliation with
the User/Participant have authority to make any
such representations or warranties.
The FairPlay site and service are hosted
in Curacao and are intended for and directed to
Users/Participants all over the world (except
where the same is prohibited under local
applicable laws ‘Excluded Regions’). Users/
Participants are advised to check the local laws
prior to participating on the
FairPlay site. If you are a
User/Participant accessing the
FairPlay site and service from any
region with laws or regulations governing
personal data collection, use, and disclosure,
your continued use of FairPlay site and
service you consent to transfer your personal
information to FairPlay as per the laws
and regulations applicable at that time.
XI. USER CONDUCT
- You agree to abide by these Terms and Conditions and all other rules, regulations of the FairPlay Website and/or App. In the event you do not abide by these Terms and Conditions and all other rules, regulations, FairPlay may, at its sole and exclusive discretion, take necessary remedial action, including but not limited to:
- restricting, suspending, or terminating your access to all or any part of FairPlay services;
- deactivating or deleting your account and all related information and files on the account. Any winnings amount on the date of deactivation or deletion shall be transferred to the User account in FairPlay database subject to a processing fee (if any) applicable on such transfers as set out herein; or
- refraining from awarding any prize(s) to such User.
- You agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by FairPlay). You further agree to update and keep updated your registration information as and when required by FairPlay.
- You shall not register or operate more than one User account with FairPlay.
- You shall provide all the necessary Mandatory Information Documents (“MIDs”) as and when required by FairPlay as per compliance of the Laws of Curacao and its regulations.
- You agree to ensure that you can receive all communication from FairPlay by marking e-mails from FairPlay as part of your "safe senders" list. FairPlay shall not be held liable if any e-mail remains unread as a result of such an e-mail being delivered to your junk and/or spam folder.
- Any password issued by FairPlay to you shall not be revealed to anyone else. You shall strictly avoid using anyone else's password. You shall be responsible for maintaining the confidentiality of your account and password. You agree to immediately notify FairPlay of any unauthorized use of your account or any other breach of security.
- You agree to exit/log-out of your accounts at the end of each session. FairPlay shall not be responsible for any loss and/or damage that may result if you fail to comply with these requirements.
- You agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorized third-party software designed to modify or interfere with FairPlay services and/or FairPlay experience or assist in such activity.
- You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying FairPlay or FairPlay services.
- You agree that without FairPlay 's express written consent, you shall not modify or cause to modify any files or software that are a part of FairPlay 's services.
- You agree that you shall not indulge in collusive play with other Users/Participants on the FairPlay site in any manner.
- You agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support FairPlay or the FairPlay services (each a "Server"); or (b) enjoyment of the FairPlay services by any other User/Participant or person.
- You agree not to institute, assist or become involved in any type of attack, including without limitation to the distribution of a virus, denial of service, or other attempts to disrupt the FairPlay services or any other person's use or enjoyment of the FairPlay services.
- You shall not attempt to gain unauthorized access to the User accounts, servers or networks connected to the FairPlay services by any means other than the User interface provided by FairPlay , including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the FairPlay services.
- If you choose a username that, in FairPlay 's opinion is considered to be obscene, indecent, abusive or that might subject FairPlay to public disparagement or scorn, FairPlay reserves the right, without prior notice, to change such username and intimate you or delete such username from FairPlay , deny you access to FairPlay , or any combination of these options.
- Unauthorized access to the FairPlay site shall be considered a breach of these Terms and Conditions, Privacy Policy and a violation of the applicable laws and regulations of Curacao. You agree not to access the FairPlay site by any means other than through the interface that is provided by FairPlay for use in accessing the FairPlay site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our site, except those that has been approved in advance and in writing by us.
- Use of the FairPlay site shall be subject to existing laws & regulations of Curacao and legal processes. Nothing contained in these Terms and Conditions, shall limit the FairPlay 's right to comply with governmental, court, and law- enforcement requests or requirements relating to User’s use of FairPlay
- Users may contact chat with problems or questions, as appropriate.
- Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt the FairPlay Services or any other person's use or enjoyment of the FairPlay Services.
- Users shall not attempt to gain unauthorized access to other User accounts on FairPlay by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of the FairPlay services.
- Users provide their acceptance for not using the FairPlay platform for any sort of inadequate activities including (but not limited to): to engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication; to harass, stalk, threaten, or otherwise, violate any legal rights of other individuals; to transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, FairPlay site, any software, hardware, or telecommunications equipment; to advertise, offer or sell any goods or services for any commercial purpose on thefairplayclub.io without written consent of FairPlay; to Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.
XII. PARTICIPATION IN CONTESTS
- By entering a Contest, User/Participant agrees to be bound by these Terms and the decisions of FairPlay. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any User/Participant from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the User engages in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users/Participants which includes, but is not limited to:
- Falsifying ones’ own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by FairPlay to enter a contest and/or claim a prize/winning.
- Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter a Contest or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the User.
- Colluding with any other User(s) / Participant(s) or engaging in any type of syndicate play.
- Any violation of Contest rules or the Terms and Conditions.
- Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means.
- Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User/Participant for any purpose
- Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
- Obtaining other Users’/Participants’ information without their express consent and/or knowledge and/or spamming other Users/Participants (Spamming may include but shall not be limited to send unsolicited emails to Users/Participants, sending bulk emails to FairPlay Users/Participants, sending unwarranted email content either to selected Users/Participants or in bulk); or
- Abusing the Website in any way. It is clarified that in case a User/Participant is found to be in violation of this policy, FairPlay reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.
XIII. INTELLECTUAL PROPERTY
Unless otherwise stated, copyright and/or all
intellectual property rights in all materials on
the FairPlay site (including but not
limited to text, audio, video or graphical
images, or technology, the look and feel of the
FairPlay site), trademarks and logos
appearing on the FairPlay site are the
properties of FairPlay and are owned &
controlled by us and/or by other parties that
have licensed their materials to us. You shall
not copy, reproduce, republish, upload, post,
transmit or distribute the FairPlay site
materials in any way, including by e-mail and/or
other electronic means and whether directly or
indirectly and/or assist any other person to do
the same. Without the prior written consent of
the owner of the materials, modification, use of
the materials on any other web site and/or
networked computer environment and/or use of the
materials for any purpose other than personal,
non-commercial use shall be considered a
violation of the copyrights, trademarks and
other proprietary rights of FairPlay and
shall be prohibited.
Any use of the materials other than for personal
and non-commercial purposes shall be considered
as commercial use for the purposes of this
clause. You agree not to use any framing
techniques to enclose any trademark or logo or
other proprietary information of
FairPlay or remove, conceal or
obliterate any copyright or other proprietary
notice or any credit-line or date-line on other
mark or source identifier included on the
FairPlay site, including without
limitation, the size, color combinations,
design, font, location or style of all
proprietary marks. Any infringement shall be
vigorously defended and pursued to the extent
permitted by applicable law.
XIV. LIMITATIONS OF LIABILITY
Users shall access the FairPlay Services
provided on FairPlay voluntarily and at
their own risk. FairPlay shall, under no
circumstances be held responsible or liable on
account of any loss or damage sustained
(including but not limited to any accident,
injury, death, loss of property) by Users or any
other person or entity during the course of
access to the FairPlay Services
(including participation in the Contest(s)) or
as a result of acceptance of any prize.
By entering the contests and accessing the
FairPlay Services provided therein,
Users hereby release from and agree to indemnify
FairPlay , and/ or any of its directors,
employees, partners, associates and licensors,
from and against all liability, cost, loss or
expense arising out their access to the
FairPlay Services including (but not
limited to) personal injury and damage to
property and whether direct, indirect,
consequential, foreseeable, due to some
negligent act or omission on their part, or
otherwise. FairPlay accepts no
liability, whether jointly or severally, for any
errors or omissions, whether on behalf of itself
or third parties in relation to the prizes.
Users shall be solely responsible for any
consequences which may arise due to their access
of FairPlay Services by conducting an
illegal act or due to non-conformity with these
Terms and Conditions and other rules and
regulations in relation to
FairPlay Services, including provision
of incorrect address or other personal details.
Users also undertake to indemnify
FairPlay and their respective officers,
directors, employees and agents on the happening
of such an event (including without limitation
cost of attorney, legal charges etc.) on full
indemnity basis for any loss/damage suffered by
FairPlay on account of such act on the
part of the Users.
Users shall indemnify, defend, and hold
FairPlay
harmless from any third
party/entity/organization claims arising from or
related to such User's engagement with the
FairPlay or participation in any
Contest. In no event shall FairPlay be
liable to any User for acts or omissions arising
out of or related to User's engagement with the
FairPlay or his/her participation in any
Contest(s). In consideration of
FairPlay allowing Users to access the
FairPlay Services, to the maximum extent
permitted by law, the Users waive and release
each and every right or claim, all actions,
causes of actions (present or future) each of
them has or may have against FairPlay ,
its respective agents, directors, officers,
business associates, group companies, sponsors,
employees, or representatives for all and any
injuries, accidents, or mishaps (whether known
or unknown) or (whether anticipated or
unanticipated) arising out of the provision of
FairPlay Services or related to the
Contests or the prizes of the Contests.
XV. THIRD PARTY SITES, SERVICES AND PRODUCTS
FairPlay may contain links to other
Internet sites owned and operated by third
parties. Users' use of each of those sites is
subject to the conditions, if any, posted by the
sites. FairPlay does not exercise
control over any Internet sites apart from
FairPlay and cannot be held responsible
for any content residing in any third-party
Internet site. FairPlay 's inclusion of
third-party content or links to third-party
Internet sites is not an endorsement by
FairPlay
of such third-party Internet site.
Users' correspondence, transactions/offers or
related activities with third parties, including
payment providers and verification service
providers, are solely between the User and that
third party. Users' correspondence, transactions
and usage of the services/offers of such third
party shall be subject to the terms and
conditions, policies and other service terms
adopted/implemented by such third party, and the
User shall be solely responsible for reviewing
the same prior to transacting or availing of the
services/offers of such third party. User agrees
that FairPlay will not be responsible or
liable for any loss or damage of any sort
incurred as a result of any such
transactions/offers with third parties. Any
questions, complaints, or claims related to any
third-party product or service should be
directed to the appropriate vendor.
FairPlay contains content that is
created by FairPlay as well as content
provided by third parties. FairPlay does
not guarantee the accuracy, integrity, quality
of the content provided by third parties and
such content may not relied upon by the Users in
utilizing the FairPlay Services provided
on FairPlay including while
participating in any of the contests hosted on
FairPlay.
XVI. PRIVACY POLICY
All information collected from Users, such as
registration and credit card information, is
subject to FairPlay 's Privacy Policy
which is available at Privacy Policy.
XVII. CONTACTING WINNERS
Winners shall be contacted by
FairPlay either through the e-mail
address provided at the time of registration or
through either Calls or Short Messaging Service
(SMS) on their registered Phone Number.
FairPlay shall not permit a Winner to
withdraw his/her prize(s)/accumulated winnings
unless some government approved ID have been
received and verified within the time-period
stipulated by FairPlay. The User
represents and warrants that the documents
provided in the course of the verification
process are true copies of the original
documents to which they relate.
Participants are required to provide proper and
complete details at the time of registration.
FairPlay shall not be responsible for
communications errors, commissions or omissions
including those of the Participants due to which
the results may not be communicated to the
Winner.
In the event that a Participant has been
declared a Winner on the FairPlay site
but has not received any communication from
FairPlay , such Participant may contact
FairPlay within the time specified on
the webpage.
XVIII. VERIFICATION PROCESS
Only those Winners who successfully complete the
verification process and provide the required
documents within the time limit specified by
FairPlay shall be permitted to
withdraw/receive their accumulated winnings (or
any part thereof). FairPlay shall not
entertain any claims or requests for extension
of time for submission of documents.
FairPlay shall scrutinize all documents
submitted and may, at its sole and absolute
discretion, disqualify any Winner from
withdrawing his accumulated winnings (or any
part thereof).
XIX. TAXES PAYABLE
All prizes shall be subject to withholding tax
implications payable by you.
FairPlay shall not be responsible for
checking the laws of your jurisdiction
pertaining to withholding tax, double taxation
arrangements amongst others. The Winners shall
be responsible for payment of any other
applicable taxes, including but not limited to,
income tax, gift tax, etc. in respect of the
prize money.
XX. MISCELLANEOUS
The decision of FairPlay with respect to
the awarding of prizes shall be final, binding
and non-contestable. If it is found that a
Participant playing the paid formats of the
Contest(s) is a resident of any jurisdiction
from where participation is prohibited,
FairPlay
shall disqualify such Participant and forfeit
any prize won by such Participant. Further
FairPlay may, at its sole and absolute
discretion, suspend or terminate such
Participant's account with FairPlay. Any
amount remaining unused in the User's Game
Account or Winnings Account on the date of
deactivation or deletion shall be reimbursed to
the User by an online transfer to the User's
bank account on record with FairPlay ,
subject to the processing fee (if any)
applicable on such transfers as set out herein
If it is found that a Participant playing the
paid formats of the Contest(s) is under the age
of eighteen (18), FairPlay shall be
entitled, at its sole and absolute discretion,
to disqualify such Participant and forfeit
his/her prize. Further, FairPlay may, at
its sole and absolute discretion, suspend or
terminate such Participant's account.
To the extent permitted by law,
FairPlay makes no representations or
warranties as to the quality, suitability or
merchantability of any prizes and shall not be
liable in respect of the same.
FairPlay may, at its sole and absolute
discretion, vary or modify the prizes being
offered to winners. Participants shall not raise
any claim against FairPlay or question
its right to modify such prizes being offered,
prior to closure of the Contest.
FairPlay will not bear any
responsibility for the transportation or
packaging of prizes to the respective winners.
FairPlay shall not be held liable for
any loss or damage caused to any prizes at the
time of such transportation. The Winners shall
bear the shipping, courier or any other delivery
cost in respect of the prizes. The Winners shall
bear all transaction charges levied for delivery
of cash prizes. All prizes are non-transferable
and non-refundable. Prizes cannot be exchanged /
redeemed for cash or kind. No cash claims can be
made in lieu of prizes in kind.
XXI. PUBLICITY
Acceptance of a prize by the Winner constitutes
permission for FairPlay , and its
affiliates to use the Winner's name, likeness,
voice and comments for advertising and
promotional purposes in any media worldwide for
purposes of advertising and trade without any
further permissions or consents and / or
additional compensation whatsoever.
The Winners further undertake that they will be
available for promotional purposes as planned
and desired by FairPlay without any
charge. The exact dates remain the sole
discretion of FairPlay. Promotional
activities may include but not be limited to
press events, internal meetings and
ceremonies/functions.
XXII. LIMITATION OF LIABILITY
In no event shall FairPlay its officers,
directors, employees, or agents, be liable to
you for any direct, indirect, incidental,
special, punitive, or consequential damages
whatsoever resulting from any:
- errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service;
- any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
- any interruption and/or cessation of transmission to or from our servers;
- any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party;
- any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the FairPlay client, whether based on warranty, contract, tort, or any other legal theory, and whether or not FairPlay is advised of the possibility of such damages; and/or
- the disclosure of information pursuant to these Terms and Conditions or privacy policy of FairPlay. The foregoing limitation of liability shall apply to the extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that
FairPlay shall not be liable for any
defamatory, offensive, or illegal conduct of any
third party and that the risk of any harm or
damage from the foregoing shall rest entirely
with you.
XXIII. TECHNICAL FAILURES AND DISCONNECTION POLICY
It is possible that you may face disruptions,
including, but not limited to errors,
disconnection or inferences in communication in
the Internet services, software or hardware that
you have used to avail our services.
FairPlay shall not be liable for any
network outage or any problems/interruptions
with network connectivity including network,
Internet services, computer hardware or software
failures of any kind in the disruption in the
services as the same is beyond
FairPlay’s control. You take full
responsibility with complete knowledge for any
risk of loss or damages caused due to
interruption of services for any such reasons.
You agree that FairPlay shall not be
held responsible and/or liable for any
interruption in a FairPlay game and/or
tournament and/or contest caused at the User’s
end due to an incoming call, message, chat,
video call or any other interruption on the
mobile phone device/tablet device. In case of
any interruption specified above in a
FairPlay game and/or tournament and/or
Contest on the User’s mobile phone device/tablet
device, the game and/or tournament and/or
contest shall still continue, and the User shall
assume complete responsibility for such
interruptions in between the games and/or
tournaments and/or contest.
XXIV. INDEMNITY
You agree to defend, indemnify and hold harmless
FairPlay , its officers, directors,
employees and agents, from and against any and
all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses
(including but not limited to attorney's fees)
arising from:
- your use of and access to the FairPlay site;
- your violation of any term of these Terms and Conditions;
- your violation of any third party right, including without limitation any trademark, copyright, property, or any other privacy right;
- any violation of applicable law, rules, regulation, orders and ordinance. This defense and indemnification obligation shall survive these Terms and Conditions.
XXV. GOVERNING LAW AND JURISDICTION
FairPlay is licensed to provide gambling
services and products to you by Play Ventures NV
who are sub-licensee’s of the Master Gaming
license issued by the Ministry of Justice,
Official Decree of the Central Government of
Curaçao No 365/JAZ dated August 18, 1998 No 14
signed by the Minister of Justice laying down
the Master License granted to Gaming Services
Provider allowing the operation of Games of
Chance on the International market via service
lines. Thus, the relevant and applicable laws of
Curacao are to be adhered to by the users under
these Terms and Conditions.
XXVI. DISPUTE RESOLUTION
The courts or tribunals of competent
jurisdiction at Curacao shall have jurisdiction
to determine any and all disputes arising out
of, or in connection with, the
FairPlay Services provided by
FairPlay (including the Contest(s)), the
construction, validity, interpretation and
enforceability of these Terms and Conditions, or
the rights and obligations of the User(s)
(including Participants) or FairPlay ,
as well as the exclusive jurisdiction to grant
interim or preliminary relief in case of any
dispute referred to arbitration as given below.
All such issues and questions shall be governed
and construed in accordance with the laws of
Curacao.
In the event of any legal dispute (which may be
a legal issue or question) which may arise, the
party raising the dispute shall provide a
written notification ("Notification") to the
other party. On receipt of Notification, the
parties shall first try to resolve the dispute
through discussions. In the event that the
parties are unable to resolve the dispute within
fifteen (15) days of receipt of Notification,
the dispute shall be settled by arbitration.
The arbitration award will be final and binding
on the Parties, and each Party will bear its own
costs of arbitration and equally share the fees
of the arbitrator unless the arbitral tribunal
decides otherwise. The arbitrator shall be
entitled to pass interim orders and awards,
including the orders for specific performance
and such orders would be enforceable in
competent courts. The arbitrator shall give a
reasoned award.
Nothing contained in these Terms and Conditions
shall prevent FairPlay from seeking and
obtaining interim or permanent equitable or
injunctive relief, or any other relief available
to safeguard FairPlay 's interest prior
to, during or following the filing of
arbitration proceedings or pending the execution
of a decision or award in connection with any
arbitration proceedings from any court having
jurisdiction to grant the same. The pursuit of
equitable or injunctive relief shall not
constitute a waiver on the part of
FairPlay to pursue any remedy for
monetary damages through the arbitration
described herein.
XXVII. BREACH AND CONSEQUENCES
If we have evidence of a breach of our Terms and
Conditions through our investigations or
reasonable belief that your continued access to
our website/app (platform) is deleterious or
detrimental to the interests of
FairPlay and/or our Users or the general
public, then we reserve the right in our sole
discretion to take one or all of the actions as
mentioned below:
- Permanent suspension and/or termination of your user account on our platform;
- Forfeit the balance amount left in your account;
- Demand and order damages for breach of FairPlay Terms and Conditions and take required civil actions to recover damages;
- Initiate steps of prosecution for damages and violation that is equivalent to offences in law;
- Cause restriction to access our games/tournaments/contests to Users who are suspected in cases of cheating or colluding;
- Bar you from playing or registering at FairPlay in the future, as we reserve full discretion to restrict you from playing our online betting games/tournaments/contests.
The action taken by us will be solely due to
your breach of our Terms and Conditions; the
action shall be final and decisive that will be
binding on you. Any action taken by us will be
without prejudice to our other rights and
remedies that are mentioned and available in law
or equity.
XXVIII. TERMINATION
We reserve the right, at our discretion, to
immediately, with or without notice, suspend or
terminate your registration, the Terms and
Conditions and/or your access to all or any
portion of the FairPlay site and/or
remove any registration information or User
Content from the FairPlay site. Upon
termination or expiration of the Terms and
Conditions, your obligations and
FairPlay 's rights and disclaimers
survive, but your right to use the
FairPlay site immediately ceases.
XXIX. DISCLAIMERS
To the extent permitted under law, neither
FairPlay nor its parent/holding company,
subsidiaries, affiliates, directors, officers,
professional advisors, employees shall be
responsible for the deletion, the failure to
store, the mis-delivery, or the untimely
delivery of any information or materials.
To the extent permitted under law,
FairPlay shall not be responsible for
any harm resulting from downloading or accessing
any information or materials, the quality of
servers, games, products,
FairPlay services or sites, cancellation
of competition and prizes.
FairPlay disclaims any responsibility
for, and if a User pays for access to one of
FairPlay 's Services the User will not
be entitled to a refund as a result of, any
inaccessibility that is caused by
FairPlay 's maintenance on the servers
or the technology that underlies our sites,
failures of FairPlay 's service
providers (including telecommunications,
hosting, and power providers), computer viruses,
natural disasters or other destruction or damage
of our facilities, acts of nature, war, civil
disturbance, or any other cause beyond our
reasonable control. In addition,
FairPlay does not provide any warranty
as to the content on the FairPlay (s).
FairPlay (s) content is distributed on
an "as is, as available" basis.
Any materials accessed, downloaded or otherwise
obtained through FairPlay is done at the
User's discretion, competence, acceptance and
risk, and the User will be solely responsible
for any potential damage to User's computer
system or loss of data that results from a
user’s download of any such materials.
FairPlay shall make best endeavors to
ensure that the FairPlay (s) is
error-free and secure, however, neither
FairPlay nor any of its partners,
licensors or associates makes any warranty that:
- the FairPlay service(s) will meet Users' requirements,
- FairPlay service(s) will be uninterrupted, timely, secure, or error free
- the results that may be obtained from the use of FairPlay (s) will be accurate or reliable; and
- the quality of any products, FairPlay Services, information, or other materials that Users purchase or obtain through FairPlay site(s) will meet Users' expectations.
In case FairPlay discovers any error,
including any error in the determination of
Winners or in the transfer of amounts to a
User's account, FairPlay reserves the
right (exercisable at its discretion) to rectify
the error in such manner as it deems fit,
including through a set-off of the erroneous
payment from amounts due to the User or
deduction from the User's account of the amount
of erroneous payment. In case of exercise of
remedies in accordance with this clause,
FairPlay agrees to notify the User of
the error and of the exercise of the remedy(ies)
to rectify the same.
To the extent permitted under applicable law, in
the event of suspension or closure of any
Services, events or Contests, Users (including
Participants) shall not be entitled to make any
demands, claims, on any nature whatsoever.
XXX. FORCE MAJEURE
Neither party to these Terms and Conditions
shall be liable for any loss and/or any failure
to perform any obligation under these Terms and
Conditions due to causes beyond its reasonable
anticipation or control including real or
potential labor disputes, governmental actions,
war or threat of war, sabotage, civil unrest,
demonstrations, fire, storm, flooding,
explosion, earthquake, provisions or limitations
of materials or resources, inability to obtain
the relevant authorization, accident and defect
in electricity or telecommunication network,
among other events.
Force Majeure and/or another event beyond
FairPlay ’s control hindering, delaying
or complicating the maintenance of the
FairPlay Game/Tournament/Contest, shall
entitle FairPlay to suspend or limit the
FairPlay
Game/Tournament/Contest until further notice.
XXXI. ENTIRE AGREEMENT
The Terms and Conditions and Privacy Policy, as
amended from time to time, constitute the entire
agreement between you and FairPlay . If
any provision of these Terms and Conditions is
considered unlawful, void, or for any reason
unenforceable by a court of competent
jurisdiction, then that provision shall be
deemed severable from these Terms and Conditions
and shall not affect the validity and
enforceability of any remaining provisions,
which shall remain in full force and effect.
Force Majeure and/or another event beyond
FairPlay ’s control hindering, delaying
or complicating the maintenance of the
FairPlay Game/Tournament/Contest, shall
entitle FairPlay to suspend or limit the
FairPlay
Game/Tournament/Contest until further notice.
XXXII. ABILITY TO ACCEPT TERMS AND CONDITIONS
The Terms and Conditions and Privacy Policy, as
amended from time to time, constitute the entire
agreement between you and FairPlay . If
any provision of these Terms and Conditions is
considered unlawful, void, or for any reason
unenforceable by a court of competent
jurisdiction, then that provision shall be
deemed severable from these Terms and Conditions
and shall not affect the validity and
enforceability of any remaining provisions,
which shall remain in full force and effect.
You further represent and warrant that you are
not located in any of the Excluded Regions where
any of the games offered on FairPlay is
prohibited to be offered and/or accessed local
laws.
XXXIII. ASSIGNMENT
These Terms and Conditions, and any rights and
licenses granted hereunder, may not be
transferred or assigned by you, but may be
assigned by FairPlay without
restriction.
XXXIV. WAIVER
No waiver of any terms of these Terms and
Conditions shall be deemed a further or
continuing waiver of such term or any other term
and FairPlay ’s failure to assert any
right or provision under these Terms and
Conditions shall not constitute a waiver of such
right or provision.
XXXV. RELATIONSHIP
None of the provisions of the Terms and
Conditions shall be deemed to constitute a
partnership or agency between you and
FairPlay and you shall have no authority
to bind FairPlay in any manner,
whatsoever. If you are registering on the
FairPlay site as a business entity, you
represent that you have the authority to bind
the entity to this Agreement.