PLEASE READ CAREFULLY BEFORE ACCEPTING THESE TERMS. THIS IS A BINDING LEGAL AGREEMENT.
This end-user licence agreement (the “EULA”) is a legal agreement between you (the “End-user” or “you”) and Webtura Ltd, a company registered in the UK with number 09339834 (“QaardZ”, “us” or “we”), which will govern your use of the ‘Qaardz’ mobile gaming app (the “App”) and the Website.
The App is licensed to you solely on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site you may download it (each such site or marketplace an “Appstore”), the End-user downloaded the App (Appstore Rules). We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times. Your use of the Website is conditional on your compliance with the terms of this EULA.
In order to use the App you will need a device meeting the following minimum specfications:-
||Operating System (minimum)
|iPad, iPhone, iPod Touch
||4.1, 4.1.1 (Jelly Bean)
||arm64-v8a, armeabi, armeabi-v7a, mips, x86, x86_64
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST NOT DOWNLOAD OR USE THE APP.
If you have any questions about these terms or about the App, Website or Service more generally you can contact us using the contact details supplied at https://qaardz.com/contact.
You should print a copy of this EULA for future reference.
- 1.1 The terms of this EULA apply to the App and the services accessible through the App (the “Services”), including any updates to the App that are not issued with separate terms. Please be aware that if any open-source software is included in the App or any Service, the terms of any open-source licence relevant to that open-source software element may override some of the terms of this EULA.
- 1.2 We may change these terms at any time by sending you a notification (by way of e-mail, in-app message, or any similar method) or by notifying you when you next start the App or visit our website at https://qaardz.com (the “Website”). The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
- 1.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
- 1.4 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(a) (“Devices”) to download or stream a copy of the App onto the Devices. You and they may be charged for internet access on the Devices and you may commit yourself and them to charges in relation to the App. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
- 1.7 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
- 1.8 Links to other independent third-party websites (“Third-party Sites”) may from time to time appear within the App and may be introduced by Qaardz or by its users. Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if they have such policies). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
- 1.9 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2. Grant and scope of licence
- 2.2 You may download or stream a copy of the App onto a single Device which meets the Minimum Requirements criteria set out above and to view, use and display the App on that Device for your personal purposes only.
3. Licence restrictions
Except as expressly set out in this EULA you agree:
- (a) not to copy the App except where such copying is incidental to normal use of the App;
- (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
- (c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
- (d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing 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 App with another software program, and provided that the information obtained by you during such activities:
- (i) is used only for the purpose of achieving inter-operability of the App with another software program;
- (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- (iii) is not used to create any software that is substantially similar to the App;
- (e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
- (f) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
- (g) to comply with all technology control or export laws and regulations that apply to the App.
- 4.1 When you first use the App on your Device you will be asked to create a unique user profile (an “Account”) by which you will be identified during your subsequent use of the App and Services.
- 4.2 When you first create your Account it will be a “Basic Account”, but you may be offered the option to pay to upgrade your Account for a particular period of time. The cost, term and benefits of any such upgrade shall be made clear on the App and/or Website where such an offer is available. Accounts in respect of which such payments are made shall be “Premium Accounts” for the term of any such upgrade.
- 4.3 Users shall have no obligation to upgrade a Basic Account to a Premium Account, but accept that the functionality provided to users with Basic Accounts may be limited. For example, if you have a Basic Account there may be limits placed on how many simultaneous tournaments you may enter, or you may be prevented from entering particular games. Any restrictions which may apply shall be clearly stated on the App and/or the Website and you accept that such restrictions may change from time to time at our sole discretion.
- 4.4 You warrant that, if you are asked to provide any personal details (such as your name, contact & payment details, age, etc) as part of the process of registering your Account, you will provide full and accurate details in respect of all mandatory information requested.
- 4.5 You warrant that you will create no more than one Account to use the Services. Creating, operating, or otherwise using multiple Accounts will be considered to be cheating or an attempt to cheat, and will be dealt with as a serious breach of the acceptable use restrictions set out in clause 6.
- 5.1 During your use of the Services you may, pursuant to any restrictions set out in clause 4, choose to enter tournaments in which you test your Qaardz skills against other players (“Tournaments”).
- 5.2 Please note that Qaardz does not offer any kind of gambling or wagering services. No cash prizes, or prizes with cash-value, are offered to players who enter Tournaments and you accept that you will have no entitlement to receive any such prize as a result of any of your activity on the App or use of the Services. Qaardz does not hold, and is not required to hold, any licence from the UK Gambling Commission in respect of the Services.
- 5.3 You may be charged a fee to enter certain Tournaments. Where this is the case you will be notified of the fee in advance and will not be permitted to enter a Tournament until payment has been received.
- 5.4 Where you enter a Tournament you will be obliged to follow any rules which are particular to that Tournament, where such rules apply they will be clearly set out and made available to you on the App or Website before you pay any applicable fee.
- 5.5 Payment of a fee as described in clause 5.3 shall entitle you to participate in the tournament in respect of which that fee was paid.
- 5.6 Qaardz reserves the right to remove any player from any Tournament if we consider that player to be in breach of these terms or if we have reasonable grounds to believe that player is cheating or attempting to cheat (whether by colluding with other players, operating multiple accounts, or otherwise). Where Qaardz takes such action it shall have no liability to that player or any other player (including, for the avoidance of doubt, any liability to refund any costs of entry that may have been paid).
6. Acceptable use restrictions
- 6.1 You must:
together the “Acceptable Use Restrictions”.
- (a) not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
- (b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (including, by way of example, uploading a third party’s copyrighted content without that party’s permission);
- (c) not transmit any material that is defamatory, libellous, offensive, racist, sexist, discriminatory, hateful, pornographic, which represents harassment, or which is otherwise objectionable in relation to your use of the App or any Service;
- (d) not use the App in any way that is designed to circumvent the rules of any Tournament or game or any restrictions that may be placed on your individual Account (such as a limit on the number or type of games/tournaments in which you can participate);
- (e) not create any more than one Account to use the Services;
- (f) not use your Account to engage in any kind of commercial activity, including without limitation the promotion of ‘junk mail’ or ‘spam’;
- (g) not use your Account to promote or advise on the commission of any kind criminal or terrorist activity (including, for the avoidance of doubt, any action that would be an offence under the Computer Misuse Act);
- (h) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users’ use of the app; and
- (i) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service,
- 6.2 You accept that, while Qaardz reserves the rights to remove from the App and Service any individual who breaches these terms, and in particular the terms of this clause 6, Qaardz shall have no responsibility to you for any breach by any individual of these terms nor for any other conduct of individuals who may use the App or Service.
- 6.3 Content made available to you via the App, Service and Website (through features such as forums, in-game chat, and otherwise) may include stated facts, views, opinions, advice and recommendations posted by other users. These views, opinions, advice and recommendations are not endorsed by us and, to the maximum extent permitted by law, Qaardz excludes all liability that may arise as a result of the accuracy, defamatory nature, completeness, timeliness or other defect in such information.
- 6.4 You accept that you will have sole responsibility for any content that you publish or display on the Website and/or App or that you transmit to other users. You undertake and warrant that you shall not upload to the Website or App any material which you do not have full right and permission to so upload, or that the upload of would breach the intellectual property rights of any third party.
- 6.5 In the event that Qaardz, in its sole discretion, considers that any content posted on the Website or App violates these terms or is offensive or illegal or has the potential to violate the rights of, harm or threaten the safety of other users, Qaardz reserves the right to take any action that it deems necessary, including, but not limited to, disabling profiles associated with such content, deleting or editing the relevant content, restricting or suspending usage of the features of the Website and/or App that facilitate such communication, and reporting such content to the relevant authorities.
- 6.6 You accept that we shall have the right to restrict in any way we deem appropriate, the use of the App, Service or Website by any individual that we consider to be in breach of this clause 6 or these terms more generally. Such action includes without limitation a right to delete or restrict the functionality of a user’s Account. Where we take such action we shall have no liability to you for any loss that you may suffer (including without limitation, any loss of fees paid in respect of Tournaments or a Premium Account) as a result of such action being taken.
7. Intellectual property rights
- 7.1 You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
- 7.2 You acknowledge that you have no right to have access to the App in source-code form.
- 7.3 You hereby grant to Qaardz a perpetual, worldwide, irrevocable licence to use, in any way that it sees fit, any intellectual property inherent in any content or material that you may upload to the App or Website, or otherwise submit to Qaardz in your use of the same.
- 8.1 We warrant that for a period of 7 days from which the date on which the App is downloaded it shall, when properly used on an operating system for which it is designed, perform substantially in accordance with the description of its functions set out on the Website.
- 8.2 The warranty does not apply:
- (a) if the defect or fault in the App or any Service results from you having altered or modified the App;
- (b) if the defect or fault in the App results from you having used the App in breach of the terms of this EULA; or
- (c) if you breach any of the terms of this clause 8 or the Acceptable Use Restrictions.
- 8.3 This warranty is in addition to your statutory rights in relation to software that is faulty or not as described. Advice about your statutory legal rights is available from your local Citizens' Advice Bureau, Trading Standards office, or from UK qualified solicitors in private practice.
9. Limitation of liability
- 9.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
- 9.2 We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we shall have no liability to you at all for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 9.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 7.4, and shall not be liable for any unforeseeable loss or damage. Loss or damage is only ‘foreseeable’ for the purpose of these terms if it was an obvious consequence of our breach at the time that this EULA was accepted by you.
- 9.4 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the total value of any fees paid by you to us via or in relation to the App.
- 9.5 Nothing in this EULA shall limit or exclude our liability for:
- (a) death or personal injury resulting from our negligence;
- (b) fraud or fraudulent misrepresentation; and
- (c) any other liability that cannot be lawfully excluded or limited by English law.
- 10.1 We may terminate this EULA immediately by written notice to you:
- (a) if you commit a material or persistent breach of this EULA;
- (b) if you breach any of the terms of this agreement or the Acceptable Use Restrictions; and
- (c) if, in our reasonable opinion, we believe that your continued use of the App is detrimental to the enjoyment of others’ enjoyment of the App or the Services.
- 10.2 On termination for any reason:
- (a) all rights granted to you under this EULA shall cease;
- (b) you must immediately cease all activities authorised by this EULA, including your use of any Services;
- (c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so; and
- (d) we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services [and the Appstore.
11. Communication between us
- 11.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail at [E-MAIL ADDRESS]. We will confirm receipt of this by contacting you in writing, normally by e-mail.
- 11.2 If we have to contact you or give you notice in writing, we will do so by e-mail, by in-app notification, by text, or by pre-paid post to any address that you provide to us via the App.
12. Events outside our control
- 12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control[, including failure of public or private telecommunications networks] (“Event Outside Our Control”).
- 12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
- (a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
- (b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
13. Other important terms
- 13.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
- 13.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
- 13.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- 13.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- 13.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
- 13.6 Delivery. Qaardz does not deliver physical goods in the course of its business. All gaming services will be delivered to you electronically via the App.
- 13.7 Refunds and Cancellations. Qaardz does not offer refunds in respect of the Services unless such Services are materially defective in some way. All Services provided via the App commence and are deemed to have been received by you from the moment that you pay for and begin receiving them. If you believe that you have purchased Services in error and wish to cancel the transaction, then you may contact Qaardz directly using the contact details set out on our website.
- 13.8 Ceasing use of the App or Services. If you wish to cease using the Services provided via the App then you may uninstall it from your Device at any time without incurring any kind of financial penalty.