Identification
N-Zone SA owns and operates the website challengo.game and the Challengo application.
N-Zone SA is a company under Belgian law with its registered office at 28 square de la paix d’Angleur, 4031 Liège, Belgique, registered under number BE 0547 921 920.
If you have any questions, please contact the Operator at the following e-mail address: [email protected]
1 – General remarks
Access to and use of the services of this platform are subject to the Terms of Use. These Terms of Use contain legal information relevant to visiting the platform and using the services offered on it.
The Operator requests that you read these Terms of Use carefully before visiting the platform or using it in any way whatsoever. By accessing this platform, the pages it contains or the services offered on it, you expressly acknowledge that you have read these Terms of Use and agree to observe them in full.
The use of online gaming services requires a player account to be opened and express, irrevocable acceptance of these Terms of Use by checking the box provided for this purpose in the application.
It is important to be fully informed about the laws in force in your country of residence before registering. Certain games may be prohibited by law or subject to certain conditions. The Operator shall not be held liable if one of the games offered by the platform does not comply with the law of your country of residence.
These General Terms of Use contain certain mechanisms that may be offered by the Operator at its sole discretion. The player obtains no right to access these mechanisms. Consequently, if one of these function sets is unavailable, either temporarily or permanently, the relevant clauses in these Terms of Use are deemed not to exist but only insofar as they are relevant and no further.
2.DEFINITIONS
- Activity: the fact that the Player has earned at least one Point during the last month.
- Player Account: The Player Account is a personal account opened by a Player, enabling him/her, under the conditions defined in the Contract, to access the Software used to play online games;
- Terms of Use: these Terms of Use and any other document to which they refer, expressly accepted by any User visiting the platform.
- Agreement: the Agreement means all the clauses described in these Terms of Use and all other contractual documents available on the Platform, including the rules and instructions of the Software, the rules of the Games, the confidentiality/privacy and cookie policies, the rules of the competitions and the games available on the Application, which are expressly accepted by every User when visiting the Platform.
- Game(s): any game offered by the Online Operator via the Platform.
- Player: means any person who has registered on the Platform and has a Player Account (whether Authenticated or not).
- Active Player: Player with activity on the Platform during one of the last three months.
- Software: means all programmes, files, data or any other content on or linked to the Platform that enables the Player to participate in online games.
- Parties: means both the Player and the Operator.
- Platform: means the platform accessible via the Operator’s mobile application or website as identified in these Terms of Use.
- Services: all of the services offered by the Operator on the Platform, including (but not limited to) the Games, the functionalities available via the Software, the Identification/Authentication methods and payment and other methods.
- Session: a player’s uninterrupted playing activity on the same game.
- User: any person accessing the Platform and the Software without registering or registering via the application, including Players.
- You: the User or Player.
3 – Player account opening, authentication and control
3.1 Conditions for opening a Player Account
Participation in the games available on this Platform requires a personal Player Account to be opened on our Platform by using the registration form provided for this purpose and then proceeding with Authentication (as defined in article 3.3). If you do not have a personal account, you cannot play on our Platform.
Opening a player account and having access to the games and withdrawal functionalities offered on the Platform are only permitted for natural persons with legal capacity who have reached the minimum age of 18 and whose Identification and Authentication have been completed successfully.
Each individual is entitled to a maximum of one (1) player account on the Platform. A Player Account cannot be transferred to or used by a third party.
If you live in a country other than Belgium, it is your responsibility to check that the legislation of your country permits you to register and play on our Platform.
3.2 Opening a Player Account
A Player Account can be opened in the ways described in article 3.2. Identification and Authentication of a Player Account must be carried out in accordance with article 3.3. These formal requirements are cumulative.
To open a player account, click on the « Open an Account » tab and follow the on-screen instructions. To open a Player Account, the Player must provide the following personal data:
- name;
- first name;
- date of birth;
- country of residence;
- e-mail address;
- any other information requested during the online registration process. All fields are mandatory and will be checked.
The Operator reserves the right to prohibit the use of pseudonyms (handles) it regards as inappropriate. Only the pseudonym will be visible to other Players. Logins and passwords remain strictly confidential.
Once you have entered this information, you will be asked to accept both the Terms of Use and our Privacy Policy by checking the box « I HAVE READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY ». Without making this commitment, you will not be able to continue the registration procedure.
By registering and opening a Player Account, the Player agrees to provide only accurate, truthful and up-to-date information. A Player Account cannot be opened using information relating to a third party.
3.3 Player Account Identification and Authentication
« Identification »: For e-mail address validation, at the time of registering, a Player will be sent an e-mail containing a hypertext link, which they will be asked to click on.
The cash withdrawal function will only be available after the Operator has completed the Player Account Authentication.
« Authentication« : Player Account Authentication can be carried out:
- directly at the time of registration via available third-party tools;
- and/or by the Operator, who will request from the Player all relevant documents and carry out all appropriate checks to ensure that the data entered on the online registration form matches the documents uploaded. A Player Account is not regarded as Authenticated until the Operator has confirmed that all the information regarded as relevant by the Operator has been checked.
Control. At any time during or after Authentication, the Operator is entitled to request any additional information from the Player, or to subject the Player’s Account to a verification procedure or a new Authentication procedure. This includes, in particular, requests for a photo of the Player accompanied by his/her ID card, a telephone or video call between one of the Operator’s employees and the Player, a copy of the payment card used, proof of origin of the funds deposited by the Player, proof of address, proof of income, a tax form or bank statement of the Player, and generally any other information or document useful to the Operator in meeting its legal obligations, especially with regard to the prevention of money laundering.
If such requests for additional information do not receive a satisfactory response within a period of three (3) months, the Player’s Account may be suspended by the Operator and, as a result the Player will no longer be considered Authenticated.
Measures related to Opening and Control Procedures. A Player Account may be suspended until proof is provided, which the Operator finds satisfactory. If it becomes clear that the above conditions for registration are not/no longer being met, or that the information provided is not/no longer accurate/correct/complete/current, the Operator reserves the right to refuse to open the Player Account or to suspend or close it. If the account is closed, the amounts deposited will be refunded up to the balance available in the Player Account.
Any Player Account not Authenticated within three (3) months of being opened may be suspended by the Operator.
Changes. By clicking on the « Settings » tab and then on « Personal Data » in the « Profile » section of the Platform homepage, the Player can change his/her postal address at any time. Any change made may result in a new Control and Authentication procedure by the Operator.
4.Personal Data Protection and Cookies
The Operator takes the utmost care to protect the personal data provided by Players. We invite you to consult our Privacy Policy, which also contains our cookies policy.
5.Account and Password
Each Player is fully personally liable for any and all activity taking place in his/her Player Account, and must maintain the confidentiality of all account information, including the password, and all transactions carried out by the Player Account concerned. Each Player agrees to notify the Operator immediately at the address given in the header of these Terms of Use in the event of any unauthorised use of his/her Player Account or password, or any breach of security.
Each Player may be held liable for any harm suffered by the Operator or any other Platform User resulting from the use of his/her login, password or Player Account by another person.
If you forget your password, click on the « FORGOTTEN PASSWORD? » link and enter the e-mail address associated with your Player Account. An e-mail containing a link for creating a new password will be sent to you. The Operator reserves the right to require you to change your login and password if it considers that they no longer provide adequate security.
The Operator is not liable for any loss or damage incurred by the Player as a result of the unauthorised use of his/her connection data by third parties, even without the Player’s knowledge.
6.Obligations relating to use of the Platform
By using this Platform, the User/Player agrees:
- to use the Platform or Services only for the purposes permitted by (a) the Terms of Use including the Games rules and (b) any laws, regulations or generally accepted practices or guidelines in the Player’s jurisdiction of residence;
- not to disrupt or interfere with the security of the Platform, or all Services, Games, system resources, Software, accounts, servers or networks connected to or accessible via the Platform or related or linked websites, or become involved in any other form of misuse;
- not to create or use a false identity on the Platform;
- not to disseminate false information or illegal advertisements;
- not to attempt to gain unauthorised access to the Platform;
- not to use the Platform for illegal purposes or purposes likely to damage the reputation of the Operator (or third parties);
- not to modify or attempt to modify, by any means whatsoever, the Software, Services or devices for the Games offered, in particular with the aim of altering the results;
- not to use or attempt to use stochastic calculus (martingale) or any software equipped with artificial intelligence in relation to use of the Games;
- not to infringe the intellectual property rights of the Operator or third parties;
- not to reproduce, without the authorisation of the Operator, on any medium whatsoever, any or all of the content of the Platform;
- not to use the personal data, which they may have access to via the Platform, to distribute unsolicited messages to the e-mail boxes of other Internet users (« spamming ») for any commercial or non-commercial purpose or in any other unauthorised way whatsoever;
- not to download, send, transmit by e-mail or other way content contrary to public order and/or morality and/or constituting a fault, of any nature whatsoever, in particular if prejudicial to the Operator, its employees, customers, suppliers or partners;
- to meet all tax obligations;
- not to authorise a third party to use your Player Account;
- not to use payment methods or the Player Account of a third party or another Player, even with the latter’s consent;
- to respond to any request from the Operator regarding his/her Player Account and to provide the Operator with any documents or evidence that he/she considers useful, in particular concerning his/her age, bank details, deposits made, etc.;
- to acknowledge that he/she alone is responsible for the actions and communications carried out or sent via the Platform and, in particular, his/her Player Account.
7.Player Warranties
The Player represents and warrants that:
- a) he/she has read the Terms of Use, fully understands them and accepts the rules specific to the Games available on the Platform;
- b) he/she understands that he/she may win or lose money when participating in Games on the Platform and undertakes to bear alone the consequences of any financial losses and waives any recourse in this respect against the Operator or any other possible service providers;
- c) he/she is of legal age to be able to open an account and is not legally prohibited from doing so;
- d) the information and personal data he/she has provided are accurate, sincere and complete;
- e) the funds used to play on the Platform are not of unlawful origin;
- f) he/she does not engage in any criminal activity involving, directly or indirectly, a Player Account and undertakes not to use the Platform or the Services for the purpose of transferring funds, or engaging in any illegal or fraudulent activity, or any prohibited transaction (including money laundering), in accordance with the laws of all jurisdictions on which he/she depends;
- g) he/she is not acting on behalf of a third
The Player agrees to indemnify, defend and hold harmless the Operator, its directors, employees, agents and suppliers, and all third party partners against all losses, expenses, claims and costs, including attorneys’ fees, arising out of any breach of these Terms of Use.
- Ways of Using the Games
8.1 General
Participation in the Games is online only, via the Platform and the Player’s login and password.
The platform can be accessed via any hardware, including a computer, cell phone or any other device that can be connected to the Internet (smartphones, iPhones, iPods touch, games consoles, SmartTV, etc.). Some Games may require specific game software to be downloaded.
To be able to connect to the Platform, the Player acknowledges and accepts that he/she must have the necessary hardware and software, as well as an Internet connection compatible with the terms and conditions for supplying the games offered by the Platform. To do this, the Operator recommends Acrobat Flash Player, as well as the following:
Hardware and operating system:
– PC: Windows 10 and higher
– Macintosh: macOS 10.14 (Mojave) and later
– Mobile: iOS 13 and later, Android 9 (Pie) and later
Navigation software:
– Google Chrome: Version 90 and higher with JavaScript enabled
– Mozilla Firefox: Version 90 and higher with JavaScript enabled
– Microsoft Edge: Version 90 and higher with JavaScript enabled
– Safari: Version 14 and higher with JavaScript enabled
Connection type: High-speed Internet connection (ADSL 2 Mbps minimum) or fibre optic connection recommended.
If the Player does not have this minimum configuration, he/she runs the risk of not being able to benefit from the services offered by the Operator online.
The Player must also ensure that the links through which he/she accesses the Platform and participates in the Games send him/her to the Platform and not to any third party Platform.
8.2 Games
To participate in a Game, it is necessary to bet an amount equal to one of the stakes offered. The stakes and any potential winnings can be consulted in the game rules. The player has a free choice of bets for each game. All bets will be debited from the player’s account immediately.
If the Player’s Account does not have sufficient funds for the bet selected, the Player will not be able to participate in the game desired.
At the end of a game, the player will immediately be informed of his/her score and his/her position in the temporary ranking.
Once a X number of rounds of the game and the bet selected by the Player have been played, the final ranking is created and the Player is notified personally if he/she is in one of the three winning places. Any winnings will be credited to the player’s account. If a game is interrupted before the Player has finished, the Player forfeits the option of winning. In the event that a game is interrupted before it has been completed due to a technical malfunction, the Player must contact customer service immediately. After analysing the progress of the game and the technical malfunction concerned, the Operator (or its supplier/subcontractor) will issue a technical report, taking into account the relevant game rules. The technical report on the progress of this game will be the only evidence used to calculate the loss or gain and is not open for discussion.
If it becomes clear that one or more games are not being or were not played following the rules of the Game or these Terms of Use, for any reason whatsoever (including misuse by the Player, including, in particular, participation in a Game knowing that it is subject to a technical fault), the Operator reserves the right to correct the results of such games, so as to bring them into line with normal play. Any winnings or losses incurred by the Player while playing a faulty game can also be corrected by the Operator, without prior notice to the Player. The technical report on progress of the faulty game will be the only evidence used to calculate the loss or gain and is not open for discussion or appeal.
The rules relating to the Games offered by the Operator are subject to the special conditions of use (game rules) which you can consult in each of the Games.
8.3. Tournaments
The Platform allows the Player to participate in tournaments of skill-based games, in which chance plays no role.
At the start of each game, all Players have the same environment and starting situation. Every interaction in the Game has the same consequences for all Parties, which ensures that every Player is treated equally and that Player rankings are based on skill alone.
Every X number of games, the rankings are created and the players in the top three places win the prize mentioned at the start of the tournament.
9.Cash deposits and withdrawals
9.1 Use of a Player Account
Use of a Player Account by the Player is strictly limited to participation in the online Games available on the Platform, and excludes any other use, including, in particular, as a bank account.
The Player is obliged to make deposits to his/her Player Account via his/her personal means of payment or via his/her personal account opened with a financial institution (a bank and/or an institution whose activity is governed by national laws applicable to financial services or the like) or one of their dealers.
The Player must not allow any third party to make deposits to or withdrawals from his/her Player Account.
9.2 Interest-free
Under no circumstances may any sum of money linked to a Player account accrue interest.
9.3. Withdrawals
Subject to compliance with all of the provisions of these Terms of Use (including Player Account Authentication), the Operator undertakes to implement any withdrawal of winnings at the first request of the Player, provided the balance in the Player Account is positive and adequate for the purpose. The Player acknowledges that all financial transactions are subject to normal banking delays. No transfer from a balance in credit can be carried out until the Player’s account has been Authenticated by the Operator.
Payment of any sum will only be made by the Operator to the extent that the Player does not owe money to the Operator and after checking that the Game is running smoothly, that there has been no cheating, misuse, fraud and that no Software or human error has resulted in an unjustified win or loss for a Player.
The Operator does not charge commission or fees of any kind on deposits or withdrawals, regardless of the payment method used. However, the Operator reserves the right to apply an administration fee of 15% on transactions (withdrawals and deposits) that are not solely for the purpose of participating in the games, particularly in the case of consecutive deposits and withdrawals without stakes or possible misuse of the Player Account.
Depending on the method of payment used, fees may be charged to the Player by his/her bank or payment service provider. The Operator cannot be held responsible for any such fees, and the Player is responsible for obtaining prior information from his/her financial institution or payment service provider regarding any transaction fees that may be charged.
The Player irrevocably and definitively waives the right to object to or refuse to make any payment of sums due to the Operator. In addition, the player authorises the Operator to deduct from the player’s account any sums that the player may have received wrongly as a result of fraud or malfunction of the Platform, Services or Games.
The Player agrees to indemnify the Operator for any and all losses incurred by the Operator in connection with the Player’s payments, incorrect use or misuse of the Player’s Player Account.
It is the Player’s responsibility to check that all information required to validate the transaction has been communicated to the Operator. The Operator cannot be held liable for any payments made to a Player’s bank account in the event that it has been hacked.
The Operator reserves the right to request any information or documents deemed necessary to validate deposits and withdrawals. Once the request has been validated, deposits made by credit card or any other payment method are processed instantly, except in the case of technical problems.
10.Warranty and Limitation of Liability
Use of the Platform is entirely at the Player’s own risk. Except as otherwise provided and to the maximum extent permitted by law, this Platform and all of its content, the Software, Services and Games offered and the information contained therein or relating thereto, provided, « as is » and « as available », without a warranty of any kind, express or implied. In particular, the Operator does not warrant that the Platform, the Games and the Software will meet the Player’s requirements, will remain uninterrupted, will at all times be appropriate, secure or free from errors or bugs and will not infringe any third party intellectual property rights. The Operator does not guarantee that faults, if any, will be corrected.
As a result of the foregoing, the Player acknowledges that the Operator, its directors, employees, agents, suppliers or subcontractors shall not be liable for the Services and Games offered or information made available to the Player, for any direct or indirect damage or loss that the Player may suffer, or for any consequential damage, such as loss of profits, loss of opportunity, loss of earnings, loss of use, loss or alteration of data, or costs incurred in the acquisition of substitute goods or services, resulting from the use or operation of the Platform and/or the services offered or the data accessible via the Platform, even if the Operator has been informed of the possibility of such damage.
Nor shall the Operator be held liable if, for any reason beyond its control, one or more Games or Services are modified, postponed, cancelled or temporarily unavailable due to maintenance, updates or any other technical problem.
Similarly, the Operator reserves the right to interrupt or suspend one or more of the Games or Services offered on the Platform, at any time and without prior notice, without having to state the reason or intention. In this case, the Operator shall not be held liable in any way and the Player shall not be entitled to claim any compensation whatsoever.
In the event of system errors that occur in the course of clearing accounts or in the features or components of any Software, neither the Operator nor its Software supplier shall be liable to the Player or any third party for any costs, expenses, losses or claims arising as a result of such errors. The Operator reserves the right in the event of such errors to delete all Games affected by the Software and Platform, to cancel all portions of the Games affected by such errors, including the cancellation of all Player winnings attributable to such errors, and to take any other action necessary to correct such errors.
In any event, if the Operator is found liable, for whatever reason or on whatever grounds, including negligence, for any direct or indirect, foreseeable or unforeseeable damage or inconvenience of any kind whatsoever, including, in particular, damage resulting from addiction to the Games (medical care, loss of employment, hospitalisation costs, etc.), the maximum amount of compensation for which the Operator may be held liable shall be limited to the lowest of the following amounts, all causes and all damages combined;
- the amount of commissions received by the Operator in relation to the Player’s account during the three months preceding the complaint; or
- the sum of 500 euros (five hundred euros).
Finally, the Player shall hold the Operator harmless from any damage or inconvenience of any kind, whether direct or indirect, foreseeable or unforeseeable, which the Player or a third party suffers as a result of improper or inappropriate use of the Platform, the Software or the Games, by a Player or a third party, including in particular damages relating to pecuniary loss, lack of winnings, loss of data, damage to property or personal injury.
11 – Suspension or closure of the Player Account by the Operator
The Operator reserves the right to suspend, terminate registration and close a Player Account, temporarily or permanently, at its discretion and without notice or compensation, including during the course of a game, in particular in the following cases:
- The Player Account has been inactive for an uninterrupted period of twelve (12) months or more;
- The Operator believes that the Player has violated one or more provisions of these Terms of Use;
- The Player has not Authenticated his/her Player Account within three (3) months;
- The documents sent to the Operator are incomplete or inaccurate;
- Registration conditions are not/no longer met;
- In the event of misuse of the account opening procedure;
- In the event of misuse of any offer by the Operator on the Platform;
- In the event of mere suspicion or observation by the Operator of fraud or unlawful activity by the Player, or attempted unlawful use of the Platform, Software, Services or Games, including the use of another Player’s Player Account (even with his/her consent);
- Any act of piracy of the Platform, Software, Services or Games, including infringement of the Operator’s intellectual property rights;
- Any act or attempt of collusion between Players.
- As a preventative measure, based on any information received from a third party that the Player has, on this Platform, engaged in behaviour requiring the suspension or closure of his/her account.
In the event of suspension or closure of a Player Account for the reasons set out above, the Operator shall have a right of retention over the sums held in the Player Account. The Player will be notified of the suspension or closure of his/her Player Account by e-mail.
The Operator reserves the right:
- to bring to the attention of all competent authorities, including the judicial authorities, any illegal or suspected activity by a Player;
- to block the Player’s assets in order to prevent the consequences of any suspected or proven abusive or unlawful use of the Platform or Services or Games;
- to initiate any legal action necessary or useful for putting an end to the breach of which the Player is accused, for obtaining compensation for the damage suffered by the Operator or for recovering any winnings, which may have been paid to the Player subsequently to or as a result of the breach of which he/she is accused.
- to inform any third party concerned that the Player has, on the Platform, engaged in behaviour requiring the suspension or closure of his/her Player Account.
12 – Closure of Account by Player
Closure by Player. The Player may close his/her account at any time by sending a registered letter to the Operator or by e-mail to the addresses given at the top of these Terms of Use. Termination of the Contract will take effect once the Player has received written notification from the Operator confirming that the Contract has been terminated.
Orphan accounts. Any Player Account the Player has not logged into for a minimum successive period of twenty-four (24) months will be closed (tickets and credit withdrawn) at the Operator’s initiative.
13 – Consequences of Player Account termination
Closure by Player. Termination of the Account implies that the Player:
- ceases all use of the Platform, the Software and the Games; and
- deletes any copy of these from his/her computer or any other medium.
The closure of a provisional Player Account results in the immediate freezing of the sums contained in the Player Account.
The final closure of a Player Account will, at the Player’s request, result in payment of any sums held in the Player Account to the Player’s bank account, provided no fraudulent activity has been carried out by the Account holder, which then led to the Account being blocked.
It is not possible to operate a closed player account.
The Operator will inform you of closure by e-mail.
Orphan accounts. If this Player Account has a positive balance, it will be deleted. If the Player whose Player Account has been closed makes himself/herself known to the Operator after his/her Player Account has been closed, the Operator will investigate the Player’s request and take any action appropriate.
14 – Amendments
The Operator reserves the right, at any time and without prior notice, to amend and update these Terms of Use, the access and content of its Platform, as well as the rules of the games. In the event that these Terms of Use are amended, the Player will be informed by means of an appropriate notification at the time he/she next connects to the Platform.
Any connection to the Platform by a User/Player after having been informed of changes to the Platform’s functionalities or amendments to the Terms of Use implies acceptance of the changes made.
15 – Duration
The Player will begin to benefit from the Services as soon as his/her registration is approved by the Operator. These Terms of Use are valid for an indefinite period.
16 – Responsible gaming
The Operator invites you to play in moderation.
The Player is hereby informed that increasing the duration or frequency of play may lead to a state of dependence or psychological fragility in certain individuals.
The Player must be aware that addiction consists in inappropriate, persistent and repeated gambling. The pleasure of playing is transformed into a compelling need to play, with severely adverse consequences for the Player and those around him.
17 – Intellectual property
The User/Player declares that he/she is aware that the Operator is the owner or beneficiary of the intellectual property rights relating to all trademarks, company names, signs, commercial names, domain names or URLs, logos, photographs, databases, sounds, videos, animations, images, texts, etc. or any other distinctive sign as well as the Software and Games presented on the Platform.
The Player only benefits from a personal, non-exclusive, temporary, revocable and non-transferable access and use license, which is strictly limited to the non-commercial use of the Platform’s Software, Services and programmes.
Any other use of the Services, Games or distinctive signs of the Operator outside the legitimate and authorised connection of the Player is strictly forbidden.
The User/Player shall refrain from infringing, in any way whatsoever, the stated intellectual property rights and, in particular, from reproducing, communicating, making use of, even partially, the distinctive signs, or making use of all or part of the content of the Software, the Games, the Platform or any element of the Site, without the prior written consent of the Operator.
18 – Checks
The Operator may at any time check the creditworthiness of a Player, with assistance from financial institutions and third-party payment providers, as well as any data relating to the Player’s registration and account.
The Operator may ask the Player at any time for details of his/her bank account and any financial transactions carried out in connection with the use of the Platform.
19 – Claims
For any claim relating to the Games or payments of winnings, the Player may either go directly to the Platform, under the « Help » tab, or else send a separate e-mail to the e-mail address given at the top of these Terms of Use.
Complaints must be submitted no later than 14 days after the event giving rise to the complaint. Failing this, the complaint will be deemed inadmissible. The Player acknowledges, however, that the Operator is under no obligation to investigate or act upon any complaint made by one Player against another.
20 – Transferability of Agreement
The rights and obligations of the Player cannot be transferred to a third party without the prior consent of the Operator.
The Operator is authorised to sell the Software, the Platform or all or part of the Services or Games without the Player’s consent or prior notice.
21 – Safety
The Operator implements security measures to protect the personal information you provide against unauthorised access and use. However, you acknowledge and accept that transmissions via the Internet are never completely confidential or secure. You acknowledge that any message or information you transmit on our Platform may be read or intercepted by others, even if a special notice specifies that a given transmission is encrypted.
22 – Availability of the Platform and Services
Connection to the Platform and use of the Services implies your knowledge and acceptance of the characteristics and limitations of the Internet network, including technical performance, response times for consulting, querying or transferring information, the risk of interruption, and more generally, the risks inherent in any connection and transmission over the Internet or mobile telephone networks, the lack of protection of certain data against possible misappropriation and the risk of contamination by any computer viruses circulating on the Internet and mobile telephone networks.
The Operator will do its utmost to ensure that the Platform and the files that may be uploaded to it are free of bugs, viruses, trojan horses and unauthorised spyware. However, the Operator shall not be held liable under any circumstances, including, but not limited to:
- the transmission and receipt or non-receipt of any data and/or information on the Internet or mobile telephone networks;
- any malfunction of the Internet and mobile telephone networks preventing the smooth running and/or operation of the Services;
- failure of any receiving equipment or communication lines;
- loss of any data;
- software malfunctions;
- the consequences of any computer virus or bug, anomaly or technical failure;
- any damage caused to a user’s computer or cell phone;
- any technical, hardware or software failure of any kind that has damaged a user’s computer and/or cell phone.
It is your responsibility to take all appropriate measures to protect your own data on your computer, tablet and/or cell phone from unauthorised access. The Operator is only bound by a best-efforts obligation to ensure the continuity of its Services.
In principle, the Platform is accessible 24×7, except in the event of scheduled or unscheduled maintenance or force majeure.
23 – Hyperlinks
Linking to Platform pages:
All links to the home page or any of the internet pages of the Platform may only be created (i) in compliance with applicable law and (ii) with the prior written consent of the Operator and provided that the Operator’s mention or any other equivalent or more precise mention is clearly indicated on the link or in the vicinity thereof.
This authorisation does not apply to websites disseminating information of an unlawful, violent, polemical, pornographic or xenophobic nature, or which may offend the sensibilities of a large number of people.
Authorisation for the creation of the links referred to in this article must be requested from the e-mail address given at the top of these Terms of Use. The request must include the address of the page (URL) where the link will appear on the third-party site.
Inclusion and use of frames
Any use or reproduction, even partial, of one of the elements of the Platform within a third-party site by means of so-called inclusion processes, frames, inlining or any other process of a similar nature is hereby categorically prohibited.
Links referenced on the Platform
The Platform may contain links to websites or web pages belonging to third parties. Such sites are provided solely for your convenience and information. The Operator provides no warranty and incurs no liability with respect to third-party hyperlinks or the content of such sites.
Access to such websites is at your own risk and you acknowledge that such websites may be subject to terms of use and privacy provisions other than those applicable to this Site.
24 – Non-waiver
The fact that the Operator does not require the User/Player to apply strictly any of the terms, undertakings or conditions contained in these Terms of Use shall never be interpreted as a waiver by the Operator of its right to do so, nor as a relinquishment of its rights, and the Operator may at any time require the User/Player to strictly and completely apply all or part of the said terms, undertakings and conditions of its Terms of Use.
25 – Nullity
The provisions of these Terms of Use shall always be interpreted in accordance with applicable law. However, in the event that the nullity or invalidity of any clause of these Terms of Use is pronounced or found, such nullity or invalidity shall not affect the validity of the other clauses of the Terms of Use. In this case, the Operator agrees to replace the cancelled clause by a new clause which will pursue the same objective as the void clause and will, as far as possible, have equivalent effects, in order to re-establish the contractual status quo.
26- Languages
The Operator offers Services to Players via forms in English, French and Dutch. These Terms of Use are available in these three languages, depending on the User’s choice of browser. The French version shall prevail in the event of a translation-related conflict.
27 – Archiving and proof
The files, data and documents kept by the Operator on computer media in the Operator’s computer systems under reasonable security conditions shall be considered proof of the communications and results of the Games between the Player and the Operator.
The Operator shall retain the written record of any agreement between the Operator and a Player to use the Operator’s services electronically without making such documents available to third parties.
In the event of discrepancies between the result of a Game presented on the Platform and the result recorded, directly or indirectly by the Operator, in particular on its computer server via the Software, the result recorded by the Operator shall always prevail.
28 – Additional information
For any questions relating to these Terms of Use, or to the Services in general presented on the Platform, the Player is invited to contact the Operator at the e-mail address given at the top of these Terms of Use.
29 – Applicable law – Disputes
This Contract is governed by Belgian law, without prejudice to any mandatory provisions that the Player may be entitled to assert pursuant to Article 6 of EC Regulation No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations.
In the event of any controversy or dispute between a User/Player and the Operator arising out of, or in connection with, his/her or her use of the Platform, the parties shall attempt to resolve such dispute promptly and in good faith within 14 days of its notification by either Party. In the event of failure to resolve such dispute within the above time limit, the Belgian courts and tribunals of the judicial district of Liège have sole jurisdiction to hear any dispute concerning the application or interpretation of these Terms of Use.
The User/Player acknowledges that, notwithstanding any more restrictive clause to the contrary in the Agreement or any legislative provision to the contrary, any claim or action against the Operator must be made no later than one year after the event giving rise to the claim.
********