Monopoly Match Terms and Conditions
Version: 1.1
Date updated: April 20, 2025
These Terms and Conditions form a binding legal agreement between you and us and apply to your use of Monopoly Match through any electronic device (web, mobile, tablet or any other device).
You must read these Terms and Conditions carefully in their entirety. By using the Service you confirm that you have read and agree to be bound by these Terms and Conditions, which include and are inseparably linked to our Privacy Policy and other game-specific or promotion-specific terms relevant to your Participation.
If you do not agree with any provision of these Terms and Conditions or any other linked agreement, policy, rules, or terms, you must not use the Service.
Whether or not you agree with the provisions of these Terms and Conditions, if you use the Service, including, but not limited to, submitting your details to us, you are bound by these Terms and Conditions in any event.
These Terms and Conditions are made available via the Apple App store, Google Play store, or on demand in the event of updates to the Terms and Conditions.
To use our Services, you agree that you are over 18 years of age. |
- DEFINITIONS
Content means text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, artwork, computer code and other material used, displayed or available as part of the Game.
Customer Account means an account held by a Registered Customer.
Fraudulent Conduct means any of the conduct or similar conduct described in clause 7.1.
Game means the Monopoly Match game application belonging to VGW. We reserve the right to add to, remove, and modify the Game at our sole discretion.
Game Token means the virtual gameplay tokens which enable you to play the Game. These tokens have no real world monetary value and cannot under any circumstances be redeemed for prizes. Game Tokens include, but are not limited to, Monopoly Money.
Inactive Account means a Customer Account which has not recorded any log in or log out for a period exceeding 12 consecutive months.
Monopoly Money means a type of Game Token.
Participate or Participation means playing the Game in any manner whatsoever, including any of the conduct described in clause 2.
Payment Medium means any payment medium used to purchase Game Token.
Player or you means any person who Participates.
Registered Customer means a Player who has successfully registered a Customer Account, whether or not that account is an Inactive Account.
Service means the availability and provision of the Game that enables you to Participate.
Terms and Conditions means these terms and conditions, as amended from time to time.
Third Party Websites and Apps means a third party website or application software that is not controlled by us.
VGW, we, us or our means Beematch Limited and related entities.
- YOUR PARTICIPATION
Restrictions
- You declare and warrant that:
- you are over 18 years of age or such higher minimum legal age of majority as stipulated in the jurisdiction of your residence and are, under the laws applicable to you, legally allowed to Participate in the Game;
- you are located in Canada (excluding the province of Quebec);
- you must comply with the laws that apply to you in the location that you access our Services. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services;
- you Participate in the Game strictly in your personal capacity for recreational and entertainment purposes only;
- you Participate in the Game on your own behalf and not on the behalf of any other person;
- it is a player’s responsibility to ensure that their Participation is lawful in their jurisdiction;
- all information that you provide to us during the term of validity of these Terms and Conditions is true, complete and correct, and you will immediately notify us of any change to such information;
- money that you use to purchase Game Tokens is not tainted with any illegality and, in particular, does not originate from any illegal activity or source, or from ill-gotten means;
- you will not purchase Game Tokens from a business or corporate account, but only an account held in your name;
- you will not be involved in any fraudulent, or other unlawful activity in relation to your or third parties’ participation in the Game and you will not use any software-assisted methods or techniques (including but not limited to bots designed to play automatically) or hardware devices for your participation in the Game. We reserve the right to invalidate any Participation in the event of such behaviour; and
- in relation to the purchase of Game Token, you must only use a valid Payment Medium which lawfully belongs to you.
- Any person who is knowingly in breach of this clause 2 is at the very least in breach of these Terms and Conditions.
Acceptance
- By accepting these Terms and Conditions you agree that your Participation is at your sole option, discretion and risk. You will have no claims whatsoever against VGW or any of its partners, or respective directors, officers or employees.
- OUR RIGHTS
- We reserve the right to block you from playing the Game if we have reason to believe that you are engaged or are likely to engage in any of the following activities:
- you breached, or assisted another party to breach, any provision of these Terms and Conditions or we have a reasonable ground to suspect such breach;
- your communication with us or other users of the Game consists of harassment or offensive behaviour, including (but not limited to) threatening, derogatory, abusive or defamatory statements, or racist, sexually explicit, pornographic, obscene or offensive language; or
- you are not, or we have reasonable grounds to suspect you are not, over 18 years of age.
- If you breach these Terms and Conditions for any of the reasons referred to in clause 3.1 above, you will be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by VGW (together “Claims”) arising therefrom and you will indemnify and hold VGW harmless on demand for such Claims.
- The rights set out in this clause 3 are without prejudice to any other rights that we may have against you under these Terms and Conditions or otherwise.
- GAME, ACCOUNTS AND CONDUCT
Rules
- Guidelines and tutorials for the Game can be found within the Game. It is your responsibility to read the rules of the Game before playing.
Void Game
- We reserve the right to declare Participation in a Game void, partially or in full, if, in our sole discretion, we deem it obvious that there was an error, mistake, misprint or technical error on the software.
Final decision
- In the event of a discrepancy between the result showing in the Game and the VGW server software, the result showing on the VGW server software will be the official and governing result.
Customer Accounts
- When using our Services you may choose to create a Customer Account. If you create a Customer Account, you must take all necessary steps to keep your Customer Account details secure. If you do not create a Customer Account, your gameplay will not be accessible from any other device and cannot be restored to a different device.
- You can either access the Game via your Guest Account or register your Customer Account using the Facebook login facility or the Apple login facility, in which case your Facebook or Apple password will apply.
- It is your sole and exclusive responsibility to ensure that your Customer Account login details are kept secure and are only accessible by you. You accept full responsibility for any unauthorised use of your Customer Account and any activity linked to your Customer Account, including by a minor (which in all events is prohibited).
- You must not share your Customer Account or password with another person, let anyone else access or use your Customer Account or do any other thing that may jeopardise the security of your Customer Account.
- If you become aware of, or reasonably suspect that security in your Customer Account has been compromised, including loss, theft or unauthorised disclosure of your password and Customer Account details, you must notify us immediately.
- You are solely responsible for maintaining the confidentiality of your password and you will be held responsible for all uses of your Customer Account, including any purchases made under the Customer Account, whether those purchases were authorised by you or not.
- You are solely responsible for anything that happens through your Customer Account, whether or not you undertook those actions. You acknowledge that your Customer Account may be terminated if someone else uses it and engages in any activity that breaches these Terms and Conditions or is otherwise illegal.
- We are not responsible for any abuse or misuse of your Customer Account by third parties due to your disclosure of your login details to any third party, whether such disclosure is intentional or accidental, active or passive.
- You may not transfer Game Tokens between Customer Accounts, or from your Customer Account to other players, or to receive Game Tokens from other Customer Accounts into your Customer Account, or to transfer, sell or acquire Customer Accounts. Any attempt to circumvent these prohibitions is ground for immediate closure of your Customer Account, without prejudice to any other rights or remedies available to us.
- If you wish to close your Customer Account you may do so at any time by selecting the “Contact Us” link in the Game and submitting a request to close your Customer Account. Closing your Customer Account will forfeit all continued access to and right to use, enjoy or benefit from any Game Tokens associated with your Customer Account.
Guest Accounts
- If you choose not to create a Customer Account, you will play as a guest (Guest Account). VGW will not be able to restore any Game data such as Game level or score in the Game or Game Tokens if you lose access to the Guest Account for any reason or you change to a different device.
- Any risk of loss of any Game Tokens which are received by you is transferred to you at the completion of a purchase, or at the time the Game Tokens are added to your account if not purchased.
- Any risk of loss of Game data such as Game level or score in the Game is transferred to you at the time the Game data is generated.
Player conduct
- You agree not to upload, communicate, transmit or otherwise make available any content or otherwise use the Game in anyway that:
- is or could reasonably be viewed as unlawful, harmful, harassing, grooming, defamatory, libellous, obscene, toxic, abusive, or otherwise objectionable;
- violates another’s privacy or privacy rights;
- infringes upon any intellectual property of others; or
- contains any advertising, promotional materials or any other form of solicitation.
- We do not control any content posted on our site by other people and cannot guarantee the accuracy, integrity or quality of that content. We have the right to remove any content if we consider in our sole discretion that it is in breach of these Terms and Conditions.
- When playing the Game you may play against other players. By playing the Game you agree that your display name and your profile picture may be used and displayed, for any purpose, in perpetuity, without payment to you, to other people playing the Game, and in our marketing.
- PROMOTIONS
- All promotions, including contests, special offers, and bonuses are subject to these Terms and Conditions and to additional terms that may be published at the time of the promotion.
- In the event and to the extent of any conflict between these Terms and Conditions and any promotion-specific terms and conditions, the promotion-specific terms and conditions will prevail.
- VGW reserves the right to withdraw or modify such promotions without prior notice to you.
- If, in the reasonable opinion of VGW, we form the view that a Player is abusing any promotion, to derive any advantage or gain for themselves or other Players, including by way of Fraudulent Conduct, we may, at our sole discretion, withhold, deny or cancel any advantage, bonus, or prize as we see fit.
- Without limiting clause 8.5, you confirm that you grant VGW an irrevocable, perpetual, worldwide, non-exclusive, royalty-free licence to use in whatever way we see fit, and without further acknowledgement of you as the author, any content you post or publish as part of a promotion, contest or competition.
- PAYMENTS
- Purchases of Game Tokens are made via in-app purchases in the Apple App Store or the Google Play Store.
- The Payment Medium you use to purchase Game Tokens must be legally and beneficially owned by you and in your name.
- We reserve the right to request documents and information to verify the legal and beneficial ownership of the Payment Medium you use to make Game Token purchases.
- No refunds. To the fullest extent permitted by applicable law, purchases of Game Tokens are final and are not refundable, transferable or exchangeable, in whole or in part, except at our sole discretion. You agree to notify us about any billing problems or discrepancies within 30 days from the date of your purchase. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and any other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted or that were authorized or accepted using your Payment Medium (even if not authorized by you).
- Once a Game Token purchase has been made, the funds will be drawn from your Payment Medium as soon as practicable.
- The purchase of Game Tokens is the purchase of a licence that allows you to Participate in the Game and is not the deposit of funds which can be withdrawn. Funds used to purchase Game Tokens will not, and cannot, be refunded to you, except as provided for in clause 6.4. Game Tokens do not have any real money value and can never be exchanged for real money, real goods or real services from us or anyone else. YOU ACKNOWLEDGE THAT YOU HAVE NO PROPERTY RIGHTS WHATSOEVER IN THE GAME TOKENS INCLUDING BUT NOT LIMITED TO MONOPOLY MONEY.
- We may revise the pricing of Game Tokens at any time. We may limit the amount of Game Tokens that can be purchased at any one time, or how many Game Tokens can be held in your account.
- FRAUDULENT CONDUCT
- You will not, directly or indirectly:
- hack into any part of the Game through any means;
- attempt to modify, reverse engineer, or reverse-assemble any part of the Game;
- knowingly introduce viruses, trojans, worms, logic bombs, spyware, malware, or other similar material;
- circumvent the structure, presentation or navigational function of the Game so as to obtain information that VGW has chosen not to make publicly available on the Game;
- engage in any form of cheating or collusion; or
- participate in or take advantage of or encourage others to participate in or take advantage of schemes, organisations, agreements, or groups designed to share special offers, promotions, or packages that have been emailed to a specific set of players and redeemable by URL.
- You must not use the Game for any unlawful or fraudulent activity or prohibited transaction (including Fraudulent Conduct) under the laws of any jurisdiction that applies to you.
- You must not access the Game using a VPN, proxy or similar service that masks or manipulates the identification of your real location, or provide false or misleading information regarding your citizenship, location or place of residence, or play the Game through a third party or on behalf of a third party.
- If VGW suspects that you may be engaging in, or have engaged in fraudulent, unlawful or improper activity, or any conduct which violates these Terms and Conditions, your access to the Game will be suspended immediately. If your access is suspended under such circumstances, VGW may pass any necessary information on to the relevant authorities, other online service providers, banks, credit card companies, electronic payment providers or other financial institutions. You will cooperate fully with any VGW investigation into such activity.
- INTELLECTUAL PROPERTY
- When accessing and playing the Game, you agree to obey the local law, general principles of law and to respect the intellectual property rights of others.
- The software, the graphics, the Game, and the user interface that we make available to you is owned by, or licensed to, VGW or any of its respective affiliates, subsidiaries, holding companies and related bodies corporate, and protected by copyright laws. You may only use the software for your own personal, recreational use in accordance with all rules, terms and conditions we have established (including these Terms and Conditions) and in accordance with all applicable laws, rules and regulations.
- You acknowledge that VGW is the proprietor or authorised licensee of all intellectual property in relation to any Content.
- Your use of the Game does not provide you with any intellectual property rights in the Content, or the Game.
- You grant us, and represent and warrant that you have the right to grant us, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free licence to use in whatever way we see fit, any Content you upload onto the Game.
- You must not reproduce or modify the Content in any way, including by removing any copyright or trade mark notice.
Our licensors
- All trade marks, copyright and logos displayed in the Game are the property of their respective owners and are protected by applicable trade mark and copyright laws.
- You agree your use of the Game is for your personal use and not for resale, rental, or other commercial use.
- You agree not to:
- use the Game other than in object code form for your enjoyment in accordance with the documentation;
- copy the Game;
- decompile, disassemble or reverse engineer the Game;
- resell or sublicence the Game; or
- use the “Hasbro” logo, the “MB” logo, the “Parker Brothers” logo, the “OddzOn” logo or the “Kenner” logo, which are all owned by Hasbro.
- In the event VGW has no further rights to the Game, or the Game is no longer available for any reason, then all rights of access to the Game granted to you under these Terms and Conditions will automatically terminate.
- The parties agree that Hasbro International, Inc. and Hasbro, Inc (Hasbro) and Hasbro’s subsidiaries are third-party beneficiaries to these Terms and Conditions. Upon your acceptance of these Terms and Conditions, Hasbro will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary thereof and these Terms and Conditions are fully assignable to Hasbro.
- You agree that Hasbro has no liability whatsoever to you, including without limitation, special, incidental, tort, or consequential damage arising out of, or in connection with, the use or performance of the Game.
- You agree that any goodwill in relation to the Content and the Game remains with VGW or our licensors.
- All intellectual property associated with the Game, and the Content, is owned by VGW or our licensors.
- THIRD PARTY WEBSITES AND APPLICATION SOFTWARE
Application software
- VGW makes the Game available via an electronic device (web, mobile, tablet or any other device). To use the Game, you must have an electronic device that is compatible with the Game. VGW does not warrant that the Game will be compatible with your electronic device. VGW hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Game on one electronic device owned or leased solely by you, solely for entertainment purposes.
- The foregoing license grant is not a sale of the Game or any copy thereof, and VGW and our licensors retain all right, title, and interest in and to the Game (and any copy of the Game) as set out above. Standard carrier data charges may apply to your use of the Game.
- The following additional terms and conditions apply with respect to the Game that VGW provides to you designed for use on an Apple iOS-powered electronic device (an “iOS App”):
- You acknowledge that these Terms and Conditions are between you and VGW only, and not with Apple, Inc. (“Apple”).
- Your use of VGW’s iOS App must comply with Apple’s then-current App Store Terms of Service.
- VGW, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that VGW, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and Conditions and any law applicable to us as provider of the iOS App.
- You agree that VGW, and not Apple, shall be responsible, to the extent required by these Terms and Conditions, for the investigation, defence, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms and Conditions as they relate to your license of VGW’s iOS App. Upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
- The following additional terms and conditions apply with respect to the Game that VGW provides to you for use on an Android-powered electronic device (an “Android App”):
- You acknowledge that these Terms and Conditions are between you and VGW only, and not with Google, Inc. (“Google”).
- Your use of VGW’s Android App must comply with Google’s then-current Google Play Terms of Service.
- Google is only a provider of Google Play where you obtained the Android App. VGW, and not Google, is solely responsible for VGW’s Android App and the services and content available thereon. Google has no obligation or liability to you with respect to VGW’s Android App or these Terms and Conditions.
- You acknowledge and agree that Google is a third-party beneficiary to the Terms and Conditions as they relate to VGW’s Android App.
- DISRUPTIONS AND CHANGE
No warranties
- The Service is provided on an “as is” basis and to the fullest extent permitted by law, we make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the Service.
- VGW does not guarantee that the Game will be available or error-free at all times or at any given time but we will provide the Game in accordance with any legally required standards. In particular, in relation only to any Game Tokens which have been paid-for with real money, we warrant that it will substantially comply with the description provided by it at the point of purchase and be of satisfactory quality (in addition any related services provided through them will be provided with reasonable care and skill).
- We may change and update the Game in whole or in part without notice to you (provided that any such changes do not result in material degradation in the functionality of any part of the Game which has been paid-for with real money).
- We make no warranty or representation regarding the availability of the Game which is provided free of charge (i.e. not paid-for with real money) and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including for example, for economic reasons due to a limited number of users continuing to make use of them over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience.
- If such circumstances result in material and significant degradation in the functionality of the Game then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period.
- Notwithstanding the above, we are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control. You also acknowledge and agree that we are not liable for any errors relating to the Game which are provided wholly by a third party (for example, a community channel hosted and operated by a third party). We are entitled to modify or discontinue the Game or any part of them which are paid-for with real money in our sole discretion upon reasonable notice to you.
Malfunctions
- VGW is not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to gameplay, nor attempts by you to Participate by methods, means, or ways not intended by us.
- VGW accepts no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with the Game or its Content including, without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person’s misuse of the Game or its Content or any errors or omissions in Content.
- In the event of an application system malfunction all gameplay on the Game is void.
- VGW reserves the right to remove any part of the Game at any time. Any part of the Game that indicates incorrect behaviour affecting Game data, that may be due to misconfiguration or a bug, will be cancelled and removed from the Game. Game data may be altered by VGW in such cases in order to correct any mistake.
Changes to the Game
- VGW reserves the right to suspend, modify, remove or add content to the Game at its sole discretion with immediate effect and without notice to you. We will not be liable to you for any loss suffered as a result of any changes made or for any modification or suspension of or discontinuance of the Game and you will have no claims against VGW in such regard.
Service suspension
- We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but will not be obliged to, give you as much notice as is reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably practicable, after such temporary suspension.
- TERRITORIAL AVAILABILITY
The Game (including the promotions, challenges and Content), may not be available in all territories and jurisdictions and VGW makes no representation that the Game is or shall remain available for use in any particular territories and jurisdictions. You acknowledge and agree that VGW may (at its sole discretion) change, restrict or prohibit the availability of all or a portion of the Game in certain territories and jurisdictions at any time, and you will have no claims against VGW Group in such regard.
- VIRUSES
Although we take all reasonable measures to ensure that the Game is free from viruses we cannot and do not guarantee that the Game is free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data lost due to a virus.
- PRIVACY POLICY
- VGW is committed to protecting and respecting your privacy and complying with all applicable data protection and privacy laws.
- Our Privacy Policy is inseparably linked to these Terms and Conditions and its acceptance is a prerequisite to Player Participation.
- MARKETING COMMUNICATIONS
You consent to receive marketing communications from VGW in respect of its offerings by way of email, post, SMS, telephone notifications or through the Game, any of which you may unsubscribe from at any time.
- LICENSING
- The Game is licensed, not sold, to you.
- You agree not to:
- copy, modify, adapt or otherwise create derivative works or improvements of the Game;
- reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Game;
- remove, delete, alter or obscure any trade marks, copyright or other intellectual property or proprietary rights notices from the Game; or
- rent, lease, lend, sell, sub-license, assign, distribute, publish, transfer or otherwise make available the Game or any features or functionality of the Game to any third party for any reason.
- You do not acquire any ownership interest in any part of the Game under these Terms and Conditions, or any other rights other than to use the Game in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms and Conditions.
- COMPLAINTS AND DISPUTE RESOLUTION
- If you have a complaint regarding our Services, you may contact Customer Support.
- Complaints of any nature must be submitted within 30 days of the issue occurring.
- Any and all disputes arising out of or connected with the Game, shall be resolved individually, without resort to any form of class action.
- In the unlikely event that we are unable to solve your concerns or complaints and you wish to bring legal action against us, these Terms and Conditions shall be governed by and construed in accordance with the laws of Canada.
- CUSTOMER ACCOUNT CLOSURE OR SUSPENSION
- Without limiting clause 7.4, we reserve the right, at our sole discretion, to suspend or close your Customer Account (notwithstanding any other provision contained in these Terms and Conditions) or block or prohibit your use of the Game where we have reason to believe that you have engaged or are likely to engage in any of the following activities:
- you breached, or assisted another party to breach, any provision of these Terms and Conditions or we have a reasonable ground to suspect such breach;
- you have more than one Customer Account, including any Inactive Account;
- the name registered on your Customer Account does not match the name on (i) your Payment Medium used to make purchases of Game Tokens or you do not legally and beneficially own such Payment Medium;
- your communication with us consists of harassment or offensive behaviour, including (but not limited to) threatening, derogatory, abusive or defamatory statements, or racist, sexually explicit, pornographic, obscene or offensive language;
- your Customer Account is deemed to be an Inactive Account;
- you become bankrupt;
- you provide incorrect or misleading information;
- your identity or source of wealth or source of funds (if requested) cannot be verified;
- you attempt to access the Game through a VPN, proxy or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your citizenship, location or place of residence, or by playing the Game through a third party or on behalf of a third party;
- you are not over 18 years of age or such higher minimum legal age of majority as stipulated in the jurisdiction of your residence;
- you are located in a jurisdiction where Participation is illegal;
- you have allowed or permitted (whether intentionally or unintentionally) someone else to Participate using your Customer Account;
- you have played in tandem with other Player(s) as part of a club, group, etc., or played the Game in a coordinated manner with other Player(s) involving the same (or materially the same) selections;
- where VGW Group has received a “charge back”, claim or dispute and/or a "return" notification via your Payment Medium;
- you have failed our due diligence procedures, or are found to be colluding, cheating, money laundering or undertaking any kind of fraudulent activity; or
- it is determined by VGW Group that you have employed or made use of a system (including machines, computers, software or other automated systems such as bots) which give you an unfair advantage.
- If VGW Group suspends or closes your Customer Account or suspends your use of the Game for any of the reasons referred to in clause 17.1 above, you will be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by VGW Group (together “Claims”) arising therefrom and you will indemnify and hold VGW Group harmless on demand for such Claims.
- If we have reasonable grounds to believe that you have participated in any of the activities set out in clause 17.1 above then we reserve the right to withhold all or part of the balance or recover from your Customer Account any Game Tokens that is attributable to any of the activities contemplated in clause 17.1. In such circumstances, your details may be passed on to any applicable regulatory authority, regulatory body or any other relevant external third parties.
- The rights set out in this clause 17 are without prejudice to any other rights that we may have against you under these Terms and Conditions or otherwise.
- INDEMNITY AND LIMITATION OF LIABILITY
Indemnity
- YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US, OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS AND AFFILIATES, OUR ULTIMATE PARENT AND PARENT COMPANIES AND ANY OF OUR SUBSIDIARIES AGAINST ANY AND ALL COSTS, EXPENSES, LIABILITIES AND DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE OR OTHER) ARISING FROM ANY PARTICIPATION BY YOU, INCLUDING WITHOUT LIMITATION:
- ACCESSING OR USING THE GAME;
- ACCESSING OR USING THE GAMEBY MEANS OF TELECOMMUNICATION SERVICES;
- RE-USE OF ANY CONTENT AT, OR OBTAINED FROM, THE GAME OR ANY OTHER SOURCE WHATSOEVER; OR
- ENTRY TO, OR USE OR RE-USE OF THE APP SERVER.
Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS AND AFFILIATES, OUR ULTIMATE PARENT AND PARENT COMPANIES AND ANY OF OUR SUBSIDIARIES BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING FROM ANY CAUSE, WHETHER SPECIAL, INCIDENTAL, CONSEQUENTIAL DIRECT OR INDIRECT (EVEN WHERE WE HAVE BEEN NOTIFIED BY YOU OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE). VGW ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING IN CONNECTION WITH YOUR PARTICIPATION. THIS INCLUDES, WITHOUT LIMITATION, DELAYS OR INTERRUPTIONS IN OPERATION OR TRANSMISSION, LOSS OR CORRUPTION OF DATA, COMMUNICATION OR LINES FAILURE, ANY PERSON’S MISUSE OF THE GAME OR THEIR CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE GAME.
- NOTHING IN THESE TERMS AND CONDITIONS WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.
Negligence and wilful misconduct
- NOTHING IN THESE TERMS AND CONDITIONS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY OF VGW FOR DEATH OR PERSONAL PHYSICAL INJURY THAT IS CAUSED BY VGW’S NEGLIGENCE OR WILFUL MISCONDUCT.
Survival of obligations
- THIS CLAUSE 18 SURVIVES THE TERMINATION OF THESE TERMS AND CONDITIONS FOR ANY REASON.
- OTHER PROVISIONS
Entire agreement
- These Terms and Conditions constitute the entire agreement between you and us with respect to your Participation and, save in the case of fraud, supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to your Participation.
Amendments
- VGW reserves the right to amend these Terms and Conditions, or to implement or amend any procedures, at any time. Any amendments will be published on the Game and such changes will be binding and effective immediately.
- Whenever we amend these Terms and Conditions in a way that would limit your current rights or which may be to your detriment, we will notify you of the amendment upon your next visit to the Game and you will be required to re-confirm your acceptance prior to playing the Game. If you do not agree to the amended Terms and Conditions, you must stop using the Game.
Force majeure
- VGW will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside of our reasonable control.
No agency
- Nothing in these Terms and Conditions will be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.
Severability
- If any of the Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will, to that extent, be severed from these Terms and Conditions. All remaining terms, conditions and provisions will continue to be valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable will be amended in a manner consistent with the applicable law to reflect, as closely as possible, VGW’s original intent.
Explanation of Terms and Conditions
- We consider these Terms and Conditions to be open and fair. If you need any explanation regarding these Terms and Conditions or any other part of our Service you may contact Customer Support.
- The Terms and Conditions prevail over any communication via email.
- All correspondence between you and us may be recorded.
Assignment
- These Terms and Conditions are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder to any third party without notice to you.
Business transfers
- In the event of a change of control, merger, acquisition, or sale of assets of VGW, your data may be part of the assets transferred to the purchaser or acquiring party. In such an event, we will provide you with notice via email or via the Game explaining your options with regard to the transfer of your data.
Language
- These Terms and Conditions may be published in several languages for information purposes and ease of access by players but will all reflect the same principles. It is only the English version that is the legal basis of the relationship between you and us and in case of any discrepancy between a non-English version and the English version of these Terms and Conditions, the English version will prevail.
Applicable Law and Jurisdiction
- These Terms and Conditions will be governed, and interpreted in accordance with, the laws of Ontario, Canada.
- You acknowledge that, unless stated otherwise, the Game is operated from Canada and your Participation in the Game takes place within the aforementioned territory. Any contractual relationship between you and us will be deemed to have been entered into and performed by the parties in Canada.
- The parties agree that any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, will be submitted to the exclusive jurisdiction of Ontario, Canada.