TERMS AND CONDITIONS OF USE
The following terms and conditions (the "Terms and Conditions") govern the use of all Kwari online and interactive products and services and the Kwari website (the "Website").
Throughout these Terms and Conditions, any reference to "the Company", "we", or "us" refers to the relevant operating entity in your region
Applicability of these Terms and Conditions
YOU SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING WITH US, THEN PRINT THESE TERMS AND CONDITIONS AND STORE THEM ALONG WITH ALL CONFIRMATION EMAILS, TRANSACTION DATA, GAME RULES AND PAYMENT METHODS RELEVANT TO YOUR USE OF OUR PRODUCTS AND SERVICES. WE WILL NOT FILE OUR CONTRACT WITH YOU AND SO YOU SHOULD PRINT IT OUT FOR YOUR RECORDS.
, which is incorporated by reference into these Terms and Conditions.
We reserve the right to amend these Terms and Conditions. However, we will make reasonable efforts to ensure that any significant changes to these Terms and Conditions will be notified to the Customer by an appropriate method (for example, by email or via a prominent notice on the Website).
These Terms and Conditions are effective from December 21, 2007 and supersede all previous Terms and Conditions.
which describes how we deal with and protect your personal information and by accepting these Terms and Conditions you are also acknowledging and accepting that policy.
Before commencing play, we also recommend you read our Kwari Game Rules
and our FAQ section
1 You and Your capacity
1.1 As a condition of your using any products or services provided by us for financial gain, you warrant and represent to us that you are over the age of 18 and have the mental capacity to take responsibility for your own actions and can enter into a legally binding agreement with us.
1.2 It is your responsibility to ensure compliance with your applicable local or national laws before registering with us and/or before dealing with us.
1.3 We do not accept any responsibility to you for your breach of any applicable local or national laws. We reserve the right, for whatever reason and at any time, to close your account or suspend access to our Website for Customers who are found to be in breach of the provisions of clause 1.2. We also reserve the right to block any territory for any reason.
2 Opening an account
2.1 To have access to our products or services, you must open an account with us and complete our registration procedure. Customers may play up to the amount paid into their account as we do not operate credit accounts. We do not pay interest on funds received from Customers.
2.2 Funds received from Customers are accumulated and held in a specially designated account which is separate from our main operating accounts. Funds will be transferred from this specially designated account once an order to purchase ammunition has been confirmed and only for the amount required to fulfill the order. For the avoidance of doubt, all funds transferred to us by you shall belong to the Company for so long as they remain in the designated account subject only to your right to request a transfer to you of any sums not used by you to purchase ammunition in accordance with and subject to these terms and conditions.
2.3 Only one account is permitted per person. We reserve the right to close duplicate accounts.
2.4 Regulations require us to impose an account limit which may vary from time to time. Sums paid to us by Customers may not exceed this amount and any sums that a Customer attempts to pay to us over this limit will be refused. In the event that any cash winnings take Customer's account balance over this limit the excess amount will be returned to the Customer.
2.5 We will take all reasonable precautions to ensure the limit is observed but we are not liable to you if you circumvent our procedures and top your account up with funds exceeding your limit.
2.6 If any sum is incorrectly credited to your name you are obliged to notify the Company, and the Company is entitled to reverse such credits and/or recover such sums from you (with interest) if withdrawn. Any monies due or credited to your name arising from the use of by you of such monies to play the game is forfeit.
2.7 In the event that a sum is mistakenly credited to your name, and this money is withdrawn, then you agree to fully reimburse to us this money on request and we are entitled to set-off any subsequent amounts you deposit with us to satisfy this liability.
2.8 When requesting a repayment, customers can specify the currency in which the transfer is to be made, subject only to the availability of that currency at the time. For all payments into and withdrawals from the Customer's account, we will use the prevailing currency exchange rate as shall be notified to the Customer on the day of transfer. We are not responsible for any gains or losses to the Customer arising from currency fluctuations.
2.9 Any charges or fees arising from a transfer of Customer's funds to a Customer will be deducted from the amount transferred.
3 Credit Checking and Age Verification
3.1 When deciding whether to accept your registration, you agree that we may process, use, record and disclose personal information which you provide in connection with your registration and that such personal data may be recorded by us. For your protection, telephone calls to Customer Services may be recorded and monitored.
3.2 We will not accept a registration from a Customer unless we believe you are indeed the individual you identify yourself as
4 Username, password & Customer Information
4.1 When registering with us , Customers choose a username and password that will be used to access their account. These should be kept secure.
4.2 The Customer is responsible for the secrecy of his/her own Username and Password.
4.3 It is your sole responsibility to ensure that all information supplied to us by you is accurate and up-to-date and that it remains so. We are entitled to assume it is.
4.4 You will not allow any other person or third party to use your account or accept any prize on your behalf. If you think your account may be accessible others, we would ask you to be vigilant and to keep your password safe.
5 Transfer of Funds
5.1 When paying funds to us you confirm that you are the authorised user or owner of the account used to make the payment
5.2 A transfer of funds by us to Customers will be made by means of a an electronic transfer to the account's validated email address via Paypal
5.3 We may request further verification before any transfer of funds from the Company to the Customer can take place.
5.4 We reserve the right to request such documentation prior to processing a payment to a Customer , should circumstances dictate.
5.5 We will process all payment requests received from Customers within a reasonable period of time and may carry out additional fraud and security checks before processing the payment request. We reserve the right to request such documentation as copies of passports or other official photo IDs, utility bills, bank statements or other documentation in order to verify your identity prior to authorising payment requests.
5.6 Monies may be paid to us in US Dollars, Euros, Sterling Pounds or any other such currency that we agree, from time to time, to accept. Should a currency cease to be available to us due to forces beyond our control, we reserve the right to make or receive any payment of funds in a currency of our choosing.
6 Freezing and Closing an account
6.1 In certain circumstances such as suspected fraud or misuse of our systems or services, we may freeze your account such that it will be temporarily unavailable for you to use. We will do so where we have reason to believe that your account may be being used for fraudulent purposes or for the purposes of money laundering. Until our investigations are completed and until we are satisfied that the cause of our concerns no longer exists we may continue to freeze the account or opt to close it. We will always inform the appropriate authorities if we have reason to believe a criminal act has been committed.
6.2 We reserve the right to close a Customer's account at any time. We will give you reasonable notice before doing so, unless circumstances dictate that we legally or practically cannot do so.
6.3 The Customer has the right to close an account at any time. A Customer should indicate his desire to close an account by contacting us directly
6.4 In this case any sums paid to us by the Customer, but not actually used in connection with any game play, or any winnings due to the Customer, shall be paid to the Customer in accordance with the provision of paragraph 5.2 above.
6.5 It is agreed by the Customer that charging back any deposited funds shall be considered a breach of this agreement and entitle us to close its account, terminate our relationship and the Customer will be responsible to us for any losses incurred by us as a result of the Customer's actions.
7 Dormant accounts
7.1 If you have not logged into your account or otherwise not accessed or used it for a continuous period of ninety (90) day your account shall deemed to be dormant. Similarly if we have frozen your account for the reasons given in the preceding section for such a period it shall be considered dormant. If your account becomes a dormant account and there is a credit balance on the account, then we will use all reasonable endeavours to contact you to determine your wishes in respect of those unutilised funds.
8.1 We take complaints seriously. If you have any cause to complain about anything that has happened as a consequence of your dealings with us, you should notify us by contacting Customer Services Team, details of which you can find on our website. We will deal with your complaint as quickly as we reasonably can and shall, as necessary, request appropriate evidence from you for the purposes of settling your complaint.
9.1 Kwari operates a zero tolerance policy to all types of fraud, collusion, cheating, hacking or in any way meddling or interfering with our software (including by introducing bots) or similar activities and we will seek the fullest criminal and contractual sanctions against any Customer involved in any such activities (including but not limited to any breach by any Customer of the provisions of clause 11 below). We will withhold payment to any Customer where fraud is alleged or suspected and shall have the right to suspend a Customer's account pending investigation of any such activities.
9.2 The Customer shall indemnify and shall be liable to pay us, on demand, all costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, any loss of profit and loss of reputation) arising directly or indirectly from a Customer's fraud, dishonesty or criminal act.
10.1 You accept that our products and services are provided to you "as is" with any faults or failings and any representation, warranty, condition or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) excluded to the fullest extent permitted by law.
10.2 Under no circumstances (including, without limitation, negligence) are we liable for any injury, loss, claim, loss of data, income, profit or opportunity, loss or damage to property, general damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever arising out of or in connection with any Customer's access to, or use of, or inability to use, our products and services and the Website or any of our chat rooms, any software, any materials or other information on our Website or any goods, materials or services available therefrom (whether based in contract, tort and whether negligent or otherwise), even if we have been advised of the possibility of such damages or loss or that such loss was foreseeable.
10.3 You specifically acknowledge, agree and accept that we are not liable to you for:-
• the defamatory, offensive or illegal conduct of any other Customer;
• any loss whatsoever arising from the use, abuse or misuse of your account or any of our products and services and our Website;
• any loss incurred in transmitting information to our Website by the internet or by e-mail;
• any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communications' lines failure (including any failures that affect the ability for interactive television return-path capabilities), distributed denial of service attacks, viruses or any other adverse technological consequence of your choosing to use our products and services;
• the accuracy, completeness or currency of any information services provided (including, without limitation, prices, runners, times, results or general statistics) or any live scores, statistics and intermediate results shown on our Website;
• any failure on our part to observe any self-exclusion policies that we may have in place from time to time; and
• any failure on our part to interact with you where we may have concerns about your activities.
10.4 Nothing in these Terms and Conditions shall operate so as to exclude or restrict our liability for death or personal injury caused by our negligence.
11 Intellectual Property
11.1 You acknowledge that all intellectual property rights in this Website, in all software required to play the Kwari game (the "Software") and information and in these Terms and Conditions is owned by the Company
11.2 You further acknowledge that:
• all materials on our Website (including design, text, graphics and photographs) and the Software are our copyright ; and
• we are the owner or valid licensee of the trade marks, logos and trade names appearing on this Website and you may only use such trademarks for the sole purpose of displaying this Website on your computer and for transacting with it.
11.3 You may access information on, and download and print extracts from, our Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you by downloading and you are expressly prohibited from using such materials for any commercial purpose unless this has been agreed with us in advance.
11.4 You must not transfer, copy, reproduce, distribute, exploit or make any other use of material on our Website in any manner other than for the purposes of displaying it on your computer screen and printing it in order to view its content. You may not link this Website to any other website without our permission. If we become aware that any Customer is carrying out any of the activities referred to in this clause 11.4 we will immediately terminate that Customer's account and seek redress for any damage caused to us by such activities.
11.5 In order to be able to play Kwari you will need to download the Software and we will grant to you a non-exclusive, revocable and limited licence in the Software (or sub-license to you, to the extent the Software is owned by a third party). In connection with the Software you agree:
11.5.1 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software ;
11.5.2 not to make alterations to, or modifications of, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
11.5.3 not to attempt to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided that the information obtained by you during such activities:
184.108.40.206 is used only for the purpose of achieving inter-operability of the Software with another software program;
220.127.116.11 is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it; and
18.104.22.168 is not used to create any software which is substantially similar to the Software.
11.5.4 The integrity of the Software is protected by technical protection measures (TPM) so that the intellectual property rights, including copyright, in the Software are not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor to apply, manufacture for sale, hire, import, distribute, sell, nor let, offer, advertise or expose for sale or hire, nor have in your possession for private or commercial purposes, any means whose sole intended purpose is to facilitate the unauthorised removal or circumvention of such TPM.
11.5.5 You acknowledge that the Software may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of these Terms and Conditions.
12 Governing Law and jurisdiction
12.1 These Terms and Conditions and all of their constituent parts are governed by English law and the courts of England and Wales shall have the non-exclusive jurisdiction to settle any disputes that arise out of or in relation to them, other than any disputes that fall to be dealt with by our Complaints procedure.
13 Additional Terms
13.1 If you do not understand any of these Terms and Conditions then please contact our Customer Services Team.
13.2 These Terms and Conditions (and all the documents referred to herein) constitute the entire agreement between us in connection with its subject matter and supersede all prior representations, communications, negotiations and understandings concerning the subject matter of our relationship.
13.3 No term or provision of these Terms and Conditions shall be considered as waived by any party unless a waiver is given in writing by that party.
13.4 We shall not be liable for any breach of this agreement directly or indirectly caused by circumstances beyond our reasonable control and which prevents us from performing our obligations to you.
13.5 These Terms and Conditions are drafted in the English language. If also drafted in another language and there is a conflict or inconsistency between the English language text and any text in another language, the English language text shall prevail.
13.6 You may not assign, transfer, charge, create a trust over or otherwise deal in its rights and/or obligations under these Terms and Conditions (or purport to do so) without our prior written consent. We are entitled to assign, transfer, charge, create a trust over or otherwise deal in our rights under these Terms and Conditions as we see fit.
13.7 If any of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.
13.8 Nothing said or written by any employee or agent of ours shall constitute a variation of these Terms and Conditions or an authorised representation about the nature or quality of any aspect of the products or services that we offer. Except in the case of fraud or fraudulent misrepresentation, we shall have no liability to you for any such unauthorised representation.
13.9 A person who is not party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce them