IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THESE AGREEMENTS, THEN PRINT THESE TERMS AND CONDITIONS AND STORE THEM ALONG WITH ALL CONFIRMATION EMAILS, SMS MESSAGES, ADDITIONAL TERMS, TRANSACTION DATA, GAME RULES AND PAYMENT METHODS RELEVANT TO YOUR USE OF THE PLATFORMS AND/OR SERVICES. WE WILL NOT FILE OUR CONTRACT WITH YOU SO PLEASE PRINT IT OUT FOR YOUR RECORDS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE (AS SET OUT BELOW).
APPLICABILITY OF AGREEMENTS LEGALITY OF USE OF THE SERVICES ACCOUNT/REGISTRATION TRUE IDENTITY AND ONE ACCOUNT NO GROUP EMPLOYEES OR AFFILIATES YOUR USE OF THE SERVICES COPYRIGHT AND TRADEMARKS ELECTRONIC SERVICES PROVIDER BONUSES CASH OUTS INACTIVE ACCOUNT FEES AND ABANDONMENT OF ACCOUNTS THIRD PARTY CONTENT DISCLOSURE OF ACCOUNT NAME AND PASSWORD FRAUDULENT ACTIVITIES AND PROHIBITED TRANSACTIONS ERRORS SECURITY REVIEW FORFEITURE & ACCOUNT CLOSURE TERMINATION COMPENSATION SELF-EXCLUSION LIMITATIONS AND EXCLUSIONS NOTICES\COMPLAINTS DATA PROTECTION GOVERNING LAW ASSIGNMENT THIRD PARTY RIGHTS ENTIRE AGREEMENT, MODIFICATION AND AMENDMENTS
APPLICABILITY OF AGREEMENTS
LEGALITY OF USE OF THE SERVICES
TRUE IDENTITY AND ONE ACCOUNT
NO GROUP EMPLOYEES OR AFFILIATES
YOUR USE OF THE SERVICES
COPYRIGHT AND TRADEMARKS
ELECTRONIC SERVICES PROVIDER
INACTIVE ACCOUNT FEES AND ABANDONMENT OF ACCOUNTS
THIRD PARTY CONTENT
DISCLOSURE OF ACCOUNT NAME AND PASSWORD
FRAUDULENT ACTIVITIES AND PROHIBITED TRANSACTIONS
FORFEITURE & ACCOUNT CLOSURE
LIMITATIONS AND EXCLUSIONS
THIRD PARTY RIGHTS
ENTIRE AGREEMENT, MODIFICATION AND AMENDMENTS
You accept to be bound by this contract by clicking on ´Submit´ or ´I Agree´ and/or by using the Services (as that term is hereinafter defined). After You (as that term is hereinafter defined) click on ´Submit´ or ´I Agree´ or when You use the Services, a legally binding agreement on these terms and conditions is concluded between, (a) You, the end user (´You´), and (b) Magentoware.com t/a BFlush is a Scottish registered company with a number of SC612866.
All games unless otherwise specified, take place in the territory of the United Kingdom on the Magentoware.com t/a BFlush.com game servers or wherever they may be located,
In the event that You have any complaints, claims or disputes with regard to any outcome regarding the Services or any other activity performed by Us, You should in the first instance contact Us in accordance with Section 22 below.
IF THESE AGREEMENTS ARE TRANSLATED INTO ANOTHER LANGUAGE, THE ENGLISH LANGUAGE VERSION WILL PREVAIL IN THE EVENT OF ANY CONFLICT BETWEEN THE TRANSLATION AND THE ENGLISH LANGUAGE VERSION.
Please note that these Terms and Conditions shall prevail in the event of any conflict between these Terms and Conditions and any of the game rules or other documents referred to in these Terms and Conditions.
By clicking on ´Submit´ or ´I Agree´ and accepting these Terms and Conditions, or by using Our Services, You are also acknowledging and accepting these Agreements. Access to and use of Our Services are governed by these Agreements. If You have any questions about these Agreements, We would encourage You to seek independent legal advice.
The gaming services are the services provided by Us via Magentoware.com t/a BFlush.com and any other Magentoware.com t/a BFlush.com branded gaming platforms provided by Us(together the ´Gaming Services´).
If You are using or intending to use the Gaming Services You must do so in accordance with Section 28 of these Terms and Conditions which applies specifically to the Gaming Services.
By using Our Services and/or by acknowledging that You have read these Agreements when You register to join and/or by clicking on the ´Submit´ or ´I Agree´ button when You install any of the software relating to the Services provided via the Platform/s or when You register for Your Account, You agree to comply with these Agreements, and You acknowledge that Your failure to comply with these Agreements may result in disqualification, the closure of Your Account (hereafter as defined in Section 3 below), forfeiture of funds and/or legal action against You, as appropriate and as further specified in these Agreements. You acknowledge that if You accept these Agreements, We will start providing You with the benefit of the Services immediately. As a consequence of this, if You accept these Agreements when registering for Our Services, You will not later be able to cancel Your registration, although You can terminate these Agreements and close Your Account in accordance with Section 18 below.
2.1. You may only use the Services if You are 18 years of age or over (or such other higher minimum legal age in Your jurisdiction) and it is legal for You to do so according to the laws that apply in Your jurisdiction. We reserve the right to ask for proof of age from You and Your Account may be suspended until satisfactory proof of age is provided. You understand and accept that We are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to ensure that at all times You comply with the laws that govern You and that You have the complete legal right to use the Services. Without limitation to the above, access to Our Member Services are restricted to only give access from UK based internet service providers. Any use of the Services is at Your sole option, discretion and risk. By using the Services, You acknowledge that You do not find the Services to be offensive, objectionable, unfair, or indecent in any way.
3.1. To use the Services, You will first need to register for an account with Us provided you are 18 years of age or over, of sound mind and capable of taking responsibility for your own actions and that you can enter into a legally binding agreement with us. You may access any of Our Services from Your Account (as defined below).
3.2. You can open an account with Us by choosing a unique account name and password and entering other information that We ask for on Our registration form this will include but is not limited to Your first and last name, address, email, gender, birth date and telephone number (an ´Account´). You shall ensure that the details provided at registration are accurate and kept up to date.
Some legal jurisdictions have not addressed the legality of online gambling and others have specifically made online gambling illegal. We advise that we do not intend that anyone should use the Poker Room and/or the Website where such use is illegal. Our Member Services are restricted to only give access from UK based internet service providers.
The availability of the Poker Room and/or games offered by Magentoware.com t/a BFlush.com does not construe an offer or invitation by us to use the Poker Room in any country in which such use is illegal.
Use of the Poker Room is void wherever prohibited by any applicable law.
You accept sole responsibility for determining whether your use of the Poker Room is legal in the country where you live.
3.3. Your account will be in Euros. Exchange rates are determined at the time you purchase any credits if using the debit/credit card payment facilities. This may not apply to Member to member transfers as these transactions are beyond our control.
3.4. There are no set-up charges for opening Your Account. We are not a bank and funds are not insured by any government agency. All payments to and from Your Account must be paid in the currencies available on the Services from time to time and shall not bear interest and You shall ensure that all payments into Your Account are from a payment source for which You are the named account holder. If You are making a deposit to or withdrawal from Your Account in a currency other than Your Account Currency, such deposit and/or withdrawal will be made at the Exchange Rates offered by Us at the time of such deposit or withdrawal and may be subject to a small conversion fee. Please see Currency Converter and Frequently Asked Questions for further details.
3.5. Your money that you deposit in your account You undertake is untainted with any illegality and, in particular, does not originate from any illegal activity or source.
You undertake that all payments made into your account are authorised and you will not attempt to reverse a payment made into your account or take any action which will cause such a payment to be reversed by a third party, in order to avoid any legitimate liability.
3.6. To play Real Money Games or place a bet, You will be required to pay ´real money´ funds into Your Account by any of the methods specified from time to time by Us. Such funds will be deposited into Your Account upon actual receipt of funds by Us and/or our agents. Minimum and maximum limits may be applied to the payments into Your Account, depending upon Your history with Us, the method of deposit, and other factors as determined solely by Us. We have a number of controls and checks that take place and these are part of our on-going policy to maintain security over customers funds.
If permitted, You may make transfers from Your Account to fund another player´s Account solely for the purposes of using the Services and such transfers will be subject to the Member to Member Transfer Terms and any other applicable terms and the restrictions on cash outs therein.
3.7. You can request withdrawals from Your Account at any time provided all payments made have been received. We reserves the right to pay any requested withdrawal partly or in total via the same method of payment and in the same currency with which deposits were made. When using credit/debit card or an e-wallet to make a deposit, We may elect not to accept any withdrawal request within fourteen (14) days after the deposit.
3.8. To use certain of the Services You may first need to download and install software indicated and usually provided on the relevant Platform.
3.9. We have a number of controls that take place before any withdrawal request is processed by Us. These checks are part of our ongoing commitment to maintaining the security of our customers’ funds. All withdrawals requests are only processed after the expiry of a set period of time from the withdrawal request being made.
The name on Your Account must match Your true and legal name and identity and the name on Your Account registration must match the name on the credit card(s) or other payment accounts used to deposit or receive monies in Your Account. To verify Your identity, We reserve the right to request at any time satisfactory proof of identity (including but not limited to copies of a valid passport / identity card and/or any payment cards used) and proof of address (including but not limited a recent utility bill or bank statement). Failure to supply such documentation may result in suspension of the Account. You are prohibited from holding more than one (1) Account in connection with Your use of the Magentoware.com t/a BFlush.com Platforms . If You have more than one (1) Account or Accounts in different names, then You must contact Us immediately to have Your Accounts managed so that You only have one (1) Account. We reserve the right to close Your Account(s) if You open multiple Accounts. Should We have reasonable grounds to believe that multiple Accounts have been opened with the intention to defraud the company, We reserve the right to cancel any transaction related to said fraud attempt. If You have lost Your Account name or password, please contact Us for a replacement.
If You are an officer, director, employee, consultant or agent of Magentoware.com t/a BFlush.com or one of its direct or indirect subsidiaries (the ´Group´), or a supplier or vendor of the Group, You are not permitted to register for an Account with Us or to use directly or indirectly any of the Services (each an ´Unauthorised Person´), other than in the course of Your employment as a Group employee. Similarly, relatives of Unauthorised Persons are not permitted to register with Us or to use directly or indirectly any of the Services. For these purposes, the term ´relative´ shall include (but not be limited to) any of a spouse, partner, parent, child or sibling.
6.1. We reserve the right to suspend, modify, remove and/or add to any of the Services in its sole discretion with immediate effect and without notice and We will not be liable for any such action.
6.2. We forbid the use of all unfair practices when using the Services. We do this to protect Our customers and the integrity of the Services. Please read Our Unfair Advantage Policysection 29.4. If any customer is found to be participating in any form of collusion or other activities that We consider to constitute cheating his or her account may be permanently closed and any balance may be at risk of forfeiture or withholding as per section 17 of these terms and conditions.
6.3 We forbid the posting of any prohibited Third Party Content (as that term is hereinafter defined) on our Platforms. Please read our Third Party Content Policy which is incorporated in the Agreements for further details.
6.4 Your participation in the Games is personal and not professional;
6.5 You are solely responsible for recording, reporting, paying and accounting to any relevant governmental or taxation authority for any tax or other levy that may be payable on any winnings;
6.6 You are solely responsible for the acquisition, supply and maintenance of all of the computer equipment and telecommunications networks and Internet access services and all other consents and permissions that you need to use in order to access our site;
6.7 You fully understand the methods, rules, and procedures of the Games and, where and when appropriate, will seek advice or help when using our site;
6.8 You will place all wagers on Games through the various user interfaces provided on our site and you will not wager through other means, including the use of a "bot" player. The use of programs designed to automatically place bets within certain parameters (i.e. “bot” players) is not permitted on any Games.
6.9 You will not choose a Games nickname and/or alias that is defamatory, offensive, pornographic or in any way intended to impersonate a real person or brand. Magentoware.com t/a BFlush.com reserves the right to amend your nickname and/or alias in its absolute discretion if it believes you have breached this representation;
6.10 You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in relation to any 'chat' or 'forum' facilities we provide and you accept that any postings made by you can be passed on to the relevant authorities should we deem this appropriate;
6.11 You will not disguise or interfere in any way with the IP address of the computer you are using to access the site or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing our site;
The terms www.Magentoware.com t/a BFlush.com, Magentoware.com t/a BFlush.co.uk and any other marks used by Group are the trade marks, service marks and/or trade names of the Group or one of its subsidiaries or associated companies or its licensors. Further, all other material used by Group, including but not limited to the software, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectual property rights in and to any of the same) is owned by the Group or one of its subsidiaries or associated group companies and/or licensors and is protected by copyright and/or other intellectual property rights. You obtain no rights in such copyright material or trade or service marks and must not use them without the Group´s written permission.
In order to use the Services, You will be required to send money to and may be required to receive money from Us. We may use third-party electronic payment processors and/or financial institutions (´ESPs´) to process such financial transactions. You irrevocably authorise Us, as necessary, to instruct such ESPs to handle Account deposits and withdrawals from Your Account and You irrevocably agree that We may give such instructions on Your behalf in accordance with Your requests as submitted using the relevant feature on Our Platforms. You agree to be bound by the terms and conditions of use of each applicable ESP. In the event of conflict between these Agreements and the ESP´s terms and conditions then these Agreements shall prevail.
We may from time to time offer You complimentary or bonus amounts to be credited by Us into Your Account (´Bonus(es)´). Such Bonuses may only be used in relation to such Services as may be specified when the Bonus is offered to You. Acceptance of any Bonus shall be in accordance with additional terms and conditions We may make available to You in respect of each such Bonus offering and, if none, then in accordance with the Standard Promotional Terms and Conditions and bonus release restrictions contained in the relevant offer. Offers may be used only ONCE unless otherwise specified. You are not entitled to withdraw any Bonus amounts and You may not remove any cash obtained via a Bonus from Your Account without first complying with the applicable terms including, without limitation, in respect of any qualifiers or restrictions.
Your account balance is the amount of real money held in Your Account (if any), plus any winnings and/or minus any losses accrued from using the Services, less any rakes or entry or other fees, if applicable, and less any amounts previously withdrawn by You or amounts forfeited or reclaimed by Us due to any known or suspected fraud or due to deposits or other transactions rejected or cancelled by Your bank or any relevant third-party bank (whether as a result of insufficient funds, charge-backs or otherwise), any Inactive Account Fees (see Section 11 below) or any sums which are otherwise deductible or forfeited under these Agreements (´Account Balance´). Before You are able to cash out monies deposited by You or received by way of Member to Member Transfer Acceptance of a cash out request is subject to any deposit method restrictions, bonus restrictions and/or Security Reviews (see Section 16 below) and any other terms of these Agreements. Member to Member credit transferees are restricted to a maximum of ten thousand (10,000) Dollars within any calendar month. All amounts You withdraw are subject to the transaction limits and any processing fees for deposits and withdrawal methods that We notify You of before cashing out. Further, We may report and withhold any amount from Your winnings in order to comply with any applicable law. All taxes due in connection with any winnings awarded to You are Your sole liability. Account balances cannot be transferred, substituted or redeemed for any other prize. Payment of funds which You withdraw shall be made by cheque, wire, credit card and/or any other manner which We select in Our sole discretion, although We will try to accommodate Your preferences as indicated by You when You register. Payments will be made as soon as reasonably possible, although there may be delays due to any Security Review (see Section 16 below) undertaken by Us and save where We hold any such payments in accordance with these Agreements.
11.1. If You do not access Your Account by ´logging on´ to Your Account using Your Account name and password and either (i) place a cash wager or bet via the Services, or (ii) enter a tournament with a cash entry fee via the Gaming Services, or (iii) play a raked hand via the Gaming Services, as applicable, for any consecutive period of 180 days, then after those 180 days (the ´Grace Period´) Your Account (and any related account with any ESP) will be deemed ´Inactive´.
11.2. Once Your Account has been deemed Inactive we will be entitled to charge You an administrative fee (the ´Inactive Account Fee´). We will deduct an amount up to the Inactive Account Fee amount from Your Account Balance on the day following the end of the Grace Period and then every thirty (30) days thereafter in accordance with the Inactive Account Fee Schedule.
We will stop deducting the Inactive Account Fee from Your Account Balance if Your Account is re-activated by entering a tournament, or making a cash bet or wager, or by playing a raked hand.
12.1. Abusive or offensive language will not be tolerated on Our chat boards, or otherwise by You on the Platforms or with Group staff. In addition, You are not entitled to make untrue and/or malicious and/or damaging comments with regard to the Group’s operation in any media or forum.
12.2. In accordance with the terms of our Third Party Content policy, We may reject or delete any text, files, images, photos, video, sounds, or any other materials (´Third Party Content´) posted by You on the Platforms which in Our sole opinion breaches the terms of these Agreements.
12.3. Any violation of this policy may result in removal of the Third Party Content, a suspension of Your use of the Services and/ or such other action as may be reasonably required by Us to ensure compliance.
The Account name and password selected when You apply for membership should not be disclosed to any third party. You are solely responsible for the security of Your Account name and password.
You agree to keep Your Account name and password secret and confidential and not to allow anyone else to use it. Every person who identifies themselves by entering a correct username and password is assumed by Us to be the rightful Account holder and all transactions where the username and password have been entered correctly will be regarded as valid. In no event will we be liable for any loss You suffer as a result of any unauthorised use or misuse of Your login details. We shall not be required to maintain Account names or passwords. If You have lost Your Account name, username or password, please contact Us for a replacement. If You misplace, forget, or lose Your Account name, username or password as a result of anything other than Our error, we shall not be liable.
We reserve the right to void and withhold any or all winnings made by any person or group of persons and to void and withhold any Standard Player Points gained by any person or group of persons where We have reasonable grounds to believe that said person or group of persons is acting or has acted in liaison in an attempt to defraud or damage Us and/ or the Group and/or the Services and/or the Platforms in any way.
In the interests of data protection, security and avoidance of fraud We do not permit use of any communication channels included within the Services and/or the Platforms (including but not limited to dealer table chat boards) to offer or promote any offers, products and services (whether Yours or a third party´s). You are expressly prohibited from posting information or contacting Our customers to offer or promote any offers, products or services.
You must inform Us as soon as You become aware of any errors with respect to Your Account or any calculations with respect to any bet or wager You have placed or any currency conversion. In the event of such error or any system failure or game error (a divergence from the normal functioning of the game logic for whatever reason) that results in an error in any odds calculation, charges, fees, rake, bonuses or payout, or any currency conversion as applicable, (´ Error´) We will seek to place all parties directly affected by such Error in the position they were in before the Error occurred. We reserve the right to declare null and void any wagers or bets that were the subject of such Error and to take any money from Your Account relating to the relevant bets or wagers, if there are insufficient funds in Your Account, We may demand that You pay Us the relevant outstanding amount relating to these bets or wagers. In all circumstances whereby the We (in Our sole discretion) determine an Error has been used to gain an unfair advantage, We reserve the right to consider this activity to be subject to Section 17 (Forfeiture & Account Closure) of these Terms and Conditions.
You fully accept and agree that random number generator ('RNG') software will determine the shuffling and dealing of cards, the outcome of games and other randomly generated events required in the Gaming Services and you accept the outcomes of all such games.
You further agree that in the unlikely event of a disagreement between the result that appears on the Software and the game server, the result that appears on the game server will prevail and You understand and agree that (without prejudice to Your other rights and remedies) Our records shall be the final authority in determining the terms of Your use of the Gaming Services, the activity resulting therefrom and the circumstances in which such activity occurred.
To maintain a high level of security and integrity in the system, We reserve the right to conduct a security review at any time to validate Your identity, age, the registration data provided by You, to verify Your use of the Services, including but not limited to Your compliance with these Agreements and the policies of the Group and Your financial transactions carried out via the Services for potential breach of these Agreements and of applicable law (a ´Security Review´). As such You authorize Us and Our agents to make any inquiries of You and for Us to use and disclose to any third party We consider necessary to validate the information You provide to Us or should provide to Us in accordance with these Agreements, including but not limited to, ordering a credit report and/or otherwise verifying the information against third party databases. In addition, to facilitate these Security Reviews, You agree to provide such information or documentation as We, in Our unfettered discretion, may request.
17.1. WE RESERVE THE RIGHT, IN OUR UNFETTERED DISCRETION AND IN RELATION TO YOUR ACCOUNT, ANY RELATED ESP (as that term is defined at clause 8) ACCOUNT, ANY ACCOUNTS YOU MAY HAVE WITH OTHER SITES AND/OR CASINOS AND/OR SERVICES OWNED OR OPERATED BY OR ON BEHALF OF THE GROUP AND, IN THE CASE OF YOUR USE OF THE GAMING SERVICES, ANY SERVICES THAT SHARE THE SHARED GAME/TABLE PLATFORM, TO TERMINATE THESE AGREEMENTS, WITHHOLD YOUR ACCOUNT BALANCE, SUSPEND YOUR ACCOUNT, AND RECOVER FROM SUCH ACCOUNT THE AMOUNT OF ANY AFFECTED PAY-OUTS, BONUSES AND WINNINGS IF:
17.1.1. You are in material breach of any of these Agreements;
17.1.2. We become aware that You have used or attempted to use the Services for the purposes of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity (including without limitation, any manipulation of the multi-currency facilities);
17.1.3. We become aware that You have played at any other online gaming site or services and are suspected of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity;
17.1.4. You have ´charged back´ or denied any of the purchases or deposits that You made to Your Account; or
17.1.5. You become bankrupt or analogous proceedings occur anywhere in the world.
17.1.6. We become aware that you have made untrue and/or malicious and/or damaging comments with regard to the Group’s operation.
18.1. You are entitled to close Your Account and terminate these Agreements on seven (7) days notice to Us by withdrawing the entire balance from Your account and sending a letter or email or telephoning Us using the details at ´contact Us´. We will respond within a reasonable time provided that You continue to assume responsibility for all activity on Your Account until such closure has been affected by Us.
18.2. We take Responsible Gaming seriously. If You would like Us to close Your Account for responsible gaming reasons please email support@Magentoware.com t/a BFlush.com and We will endeavour to close Your Account as soon as reasonably possible.
18.3 Without limitation to section 17, We are entitled to terminate these Agreements on seven (7) days notice (or attempted notice) to You at the email address You have provided to Us. In the event of termination by Us, Group shall give notice of the termination to You via email and, other than where termination is pursuant to section 17, as soon as reasonably practicable refund the balance of Your Account. Where We have terminated pursuant to section 17, any payouts, bonuses and winnings in Your Account are non-refundable and deemed forfeited.
18.4. Termination of these Agreements will not affect any outstanding wagers or bets, PROVIDED that any outstanding wagers or bets are valid and are not in breach of these Agreements in any way.
18.5. The following Sections of these Terms and Conditions shall survive any termination of these Agreements by either party: 14, 17, 18, 19, 21, 22, 23, 24 and 25, along with any other Sections which are required for the purposes of interpretation.
YOU AGREE THAT YOU WILL ONLY USE THE SERVICES IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET OUT IN THE AGREEMENTS. YOU WILL COMPENSATE US IN FULL FOR ANY LOSSES OR COSTS (INCUDING REASONABLE LEGAL FEES) WHICH WE (OUR ANY MEMBER OF OUR GROUP) INCURS ARISING FROM ANY BREACH BY YOU OF THE AGREEMENTS.
20.1 If You have elected to use any of the self-exclusion tools in connection with the Magentoware.com t/a BFlush.com Platform or any other Platforms provided by any Group company from time to time, You acknowledge and agree that You are not permitted to open or use an Account with any other Group company (´Additional Group Account´) during the self-exclusion period You have selected.
20.2 In the event of a breach by You of 20.1 above, We and/ or any Group company shall additionally be entitled (but not obliged) to suspend any funds You may deposit (or have previously deposited) in any Additional Group Account.
20.3 For the avoidance of doubt, in the event of a breach by You of 20.1 above, neither We nor any Group company shall be liable to refund to You any funds You may wager in any Additional Group Account during the self-exclusion period You have selected.
21.1. YOUR ACCESS TO THE PLATFORMS, DOWNLOAD OF ANY SOFTWARE RELATING TO THE SERVICES FROM THE PLATFORMS AND USE OF THE SERVICES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. WE SHALL NOT BE LIABLE FOR ANY MALFUNCTIONS OF THE COMPUTER PROGRAMS RELATING TO THE SERVICES WE MAKE AVAILABLE FROM THE PLATFORM/S, ERRORS AS DESCRIBED IN SECTION 15, BUGS OR VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT, MOBILE PHONE OR MOBILE DEVICE, OR SOFTWARE. FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE THE SERVICES BY METHODS, MEANS OR WAYS NOT INTENDED BY US. WE ARE NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS.
21.2. WE WILL PROVIDE THE SERVICES WITH REASONABLE SKILL AND CARE AND SUBSTANTIALLY AS DESCRIBED IN THE AGREEMENTS. WE DO NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE SERVICES.
21.3. OUR MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE AGREEMENTS OR YOUR USE OF THE SERVICES OR THE COMPUTER PROGRAMS RELATING TO THE SERVICES WE MAKE AVAILABLE FROM THE PLATFORMS, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE LIMITED IN ANY TWELVE (12) MONTH PERIOD TO THE AMOUNT, IF ANY, YOU HAVE PAID FROM YOUR ACCOUNT IN BETS, RAKES AND/OR FEES, AS APPLICABLE, IN THE SAME TWELVE (12) MONTH PERIOD AND IN RELATION TO THE SERVICE RELEVANT TO WHICH THE LIABILITY IN QUESTION HAS ARISEN.
21.4. THE GROUP (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) WILL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY BUSINESS LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION OR BUSINESS INTERRUPTION OR FOR ANY LOSSES WHICH ARE NOT CURRENTLY FORESEEABLE BY THE GROUP ARISING OUT OF THESE AGREEMENTS OR YOUR USE OF THE SERVICES.
21.5. NOTHING IN THESE AGREEMENTS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY WE MAY HAVE IN RESPECT OF EITHER FRAUD, OR DEATH, OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.
If You have any complaints, claims or disputes with regard to any outcome regarding the Services or any other activity, You must submit Your complaint to Us in writing as soon as is reasonably practicable following the date of the original transaction to which the claim or dispute refers. Complaints may be submitted by email to info@Magentoware.com t/a BFlush.com. You may also submit notices to Us in writing at: Magentoware.com t/a BFlush .com
4 Adams Court, Adams Hill, Knutsford, Cheshire, WA16 6BA
Any notice We give to You (save as otherwise set out herein) will be sent to the email address that You provide when You register Your Account. It is Your responsibility to give Us notice of any changes to this address through the ´Change Email´ facility in Our software and to regularly check Your email account for emails from Us.
To the extent that You are not satisfied with Our response You may contact:
a dispute resolution service. We offer a service via ProMediate who can be contacted by email on email@example.com or by phone at 01928 732455
23.2. You should assume that all use of Our website, and emails, SMS and telephone calls between You and Us will be recorded. These recordings will be Our property and may be used as evidence in the event of any dispute or to improve customer services.
These Agreements shall be governed by and construed in accordance with the laws of The United Kingdom. You irrevocably agree to submit to the exclusive jurisdiction of the courts of the United Kingdom for settlement of any disputes or matters arising out of or concerning these Agreements or their enforceability. If any part of these Agreements is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreements, which shall remain valid and enforceable according to their terms.
We reserve the right to transfer, assign, sublicense or pledge these Agreements, in whole or in part, to any person (but without Your consent) without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to You. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under these Agreements.
26.1 Except insofar as these Agreements expressly provide that a third party may in their own right enforce a term of these Agreements, a person who is not a party to these Agreements has no right under local law or statute to rely upon or enforce any term of these Agreements but this does not affect any right or remedy of a third party which exists or is available other than under local law or statute.
26.2 For the avoidance of doubt, each member of the Group is an intended third party beneficiary of these Agreements.
27. ENTIRE AGREEMENT, MODIFICATION AND AMENDMENTS
You fully understand and agree to be bound by these Agreements and as modified and/or amended by Us from time to time. We may amend these Agreements at any time either by emailing or SMS messaging You notification of the new terms and/or by publishing the modified Agreement(s) on the relevant page of the Platforms or any place through which You access the Services. Any such modification will take effect within thirty (30) days of publication. If any modification is unacceptable to You, Your only recourse is to terminate these Agreements. Your continued use of the Services following notification or as the case may be such thirty (30) day period will be deemed binding acceptance of the modification. It is Your sole responsibility to review these Agreements and any amendments each time You play. These Agreements and the documents referred to herein represent the complete and final agreement between You and Us in relation to this agreement and supersede any and all prior agreements between You and Us.