14.1 General principles
14.1.1 The present Games Rules are an integral part of the Iplay8 Rules.
14.1.2 In the present Games Rules:
"Game" or "Games" shall mean any web-based game offered and operated by Iplay8 (Tanzania) Ltd. including, but not limited to, games such as virtual trotting, hi-low, aces, keno and spin-win.
"Client Application" shall mean the web browser application opened by the Account Holder in order to play the Games.
"Software" shall mean all software used by Iplay8 (International) Limited to offer and/or operate the Games and to run the Client Application.
Any reference to the "Company" in the present Games Rules should be understood as a reference to Iplay8 (International) Limited.
"Prize" shall mean the amounts, bonuses or rewards that can be won by the Account Holder by playing the Games.
14.2.1 The Games can be played for free or against payment. A player playing for free is a "Player". Only Account Holders can play the Games against payment.
14.2.2 Participation in the games and the activity of the Games (the "Game") is open only to Account Holders and Players who are at least the higher of:
· legal age of majority in the Account Holder's or Player's jurisdiction or
· 18 years.
The Account Holder acknowledges by entering the Game that he is resident in a jurisdiction where such activity is legal. Participation in the activities and games of the Games is void wherever prohibited by law.
14.2.3 The Player understands that the Games are for entertainment value only. The Player understands and acknowledges that no purchase is necessary or required to play the Games. If a player wishes to play with betting money, he/she must become an Account Holder.
14.2.4 Employees of the Company, or its licensees, distributors, wholesalers, subsidiaries or other agencies, retailers and members of the immediate families of each are not eligible to participate in the Games.
14.3 Other conditions
14.3.1 By launching or re-launching the Client Application, and by playing or replaying a Game, the Account Holder or the Player represents, warrants and certifies that full freedom from errors or incompleteness is impossible to achieve with respect to the Software or Client Application. Should the Account Holder or Player become aware that the Software or Client Application contains such errors or incompleteness, the Account Holder or Player shall
a. refrain from taking any advantage whatsoever thereof;
b. keep confidential such errors or incompleteness and under no circumstance inform any third party thereof;
c. in addition, promptly upon becoming aware of such error or incompleteness, the Account Holder or Player shall notify the Company in writing.
Should the Account Holder or Player fail to fulfil any of the undertakings under this Clause, the Company, or anyone appointed by the Company, shall be entitled to full compensation for all costs, including costs for rectifying the Software or Client Application, that may be referred to the error or incompleteness in question and the Account Holder's or Player's omission to notify the Company.
In addition to any other remedy available to it under law or equity, the Company reserves its right, in the event the Account Holder has not complied with the above, to block the Account Holder's Iplay8 Account and/or to subtract monies from such Iplay8 Account in order to cover part or all of the damage suffered or threatened to be suffered by the Company, without prior notice.
14.3.2 An Account Holder or Player is not required to participate in the Games and such participation, if elected by Account Holder or Player, is at its sole option, discretion and risk.
Materials of the Games (whether electronically obtained or obtained by other means) are automatically void if counterfeited, mutilated, forged, altered or tampered with in any way, if illegible, mechanically or electronically reproduced, obtained outside authorized legitimate channels or if they contain printing, production, typographical, mechanical, electronic or any other errors. Any and all materials submitted for prize claims become the property of the Company and will not be returned.
The Company is not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected, or postage due mail, requests, Prize claims or entries. Liability for materials of the Game containing any error is limited to replacement.
Taxes, if any, on any Prize is Account Holder's sole responsibility.
The Account Holder consents to use his/her name for advertising and promotional purposes without additional compensation except where prohibited by law.
The Account Holder, by acceptance of Prize, acknowledges compliance with all rules herein. The Company makes no representations or warranties, implicit or explicit, as to the legal right for Account Holder or Player to participate in the Games nor shall any of the Company's employees, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, agents or retailers have the authority to make any such representations or warranties.
14.3.3 The Company shall not be required to maintain usernames or passwords. If the Account Holder misplaces, forgets, loses, or is otherwise unable to enter any Game because of anything other than Company error or, if a player should give away, tell, share or lose its User Name and/or Password, the company will not be responsible and will not be held liable for any claims regarding that account.
14.4 The Account Holder or Player agrees and becomes a party to the Iplay8 Rules and the Games Rules.
14.4.1 By entering the Site, opening an Account or by playing at the Games, or by accepting any Prize, the Account Holder or Player hereby represents, warrants and certifies all of the following:
· he/she fully understands, agrees to, becomes a party to and shall abide by all Iplay8 Rules and Games Rules contained herein and as such rules, regulations, terms and conditions may change from time-to-time.
· he/she is over the age of legal majority; i.e. player is an "adult" as that term is legally defined in Account Holder's/Player's jurisdiction, and at least 18 years old.
· he/she shall not allow any other person or third party including, without limitation, any minor, to use or reuse Account Holder's account, access and/or use any materials or information from the Site, accept any Prize, or participate in the Games.
· he/she has the full, complete and unrestricted legal right to participate in the Game and its participation in the Games is not prohibited in the Account Holder's or Player's jurisdiction.
· he/she does not find the Games or the Site to be offensive, objectionable, unfair, nor indecent.
· he/she understands that the Games are for entertainment value only, and understands and acknowledges that no purchase is necessary or required to play the Games.
If an Account Holder or Player wishes to play without betting money, he/she may do so.
14.4.2 Account Holder or Player shall hold the Company, its employees, officers, directors, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, agents and retailers harmless and shall fully indemnify the same from any and all costs, expenses, liabilities and damages whatsoever that may arise as a result of the Account Holder's or Player's
a. entry, use, or reuse of the Site;
b. use of any materials at the Site;
c. entry, use, or reuse of the Client Application;
d. participation in the Game, or
e. the acceptance of any Prize.
14.5.1 Under no circumstances, including, but not limited to, negligence, shall the Company, its Software and Client Application supplier, subsidiary companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Company's Games, Client Application and/or materials. The Player or Account Holder specifically acknowledges and agrees that the Company is not liable for any defamatory, offensive or illegal conduct of any Player or Account Holder. If the Player or Account Holder is dissatisfied with any Company service related to the Games, or with any of the present Games Rules, the Player's or Account Holder's sole and exclusive remedy is to discontinue using the Games.
14.5.2 The Account Holder shall hold the Company, its employees, officers, directors, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, agents and retailers harmless and blameless, and shall fully indemnify the same from any and all costs, expenses, liabilities and damages whatsoever that may arise as a result of the Account Holder's;
a. entry, use, or reuse of the Games or Client Application;
b. use of any materials on the website;
c. participation in the Games, or,
d. the acceptance of any Prize.
14.6.1 Any dispute relating to the provision of the Games and the validity, performance and construction of the present agreement relating to the Games shall be exclusively solved in terms of Maltese law. Where recourse to the Courts of Law is necessary, Maltese courts shall have exclusive jurisdiction.
14.6.2 In the event of a dispute, it is advisable that the Account Holder lodges a complaint with Iplay8's customer service. The parties should do their utmost to reach an amicable settlement within a reasonable time. The complainant may also lodge a complaint with the Tanzania Gaming Board.
14.6.3 Whereupon a dispute should occur between the Company and the Account Holder, the Company will make accessible to the member a detailed transaction record. Such information will also be made available to a legitimate third party (e.g. a judge or court) if the Company so wishes or agrees.
14.6.4 Iplay8 shall immediately inquire into any complaint made to it or to the Tanzania Gaming Board by a registered player in respect of:
a. the operation of a game operated by Iplay8;
b. the conduct of an agent of Iplay8 in operations related to a game operated by Iplay8.
Iplay8 will inform the complainant or the Tanzania Gaming Board where the complaint was referred to Iplay8 by the Tanzania Gaming Board, of the results of the inquiry within twenty-one (21) days from the date on which the complaint has been lodged with Iplay8.
The complaint must contain clear and unequivocal information about the complainant's identity, and shall give all the relevant details that gave rise to the complaint.
14.7.1 An Account Holder may not have more than one Account. If the Company detects an Account Holder with more than one account, it has the right to block and/or reallocate all funds to one of the accounts and to delete the superfluous account(s). No bonus given to the superfluous accounts will be reallocated to the remaining account.
14.7.2 The Player or Account Holder understands that the terms "Iplay8 Games" are the trademarks, service marks, and trade names of the Company and that no rights to such terms, nor any other terms, graphics, text, concepts or methodologies will be acquired by using the Site, the Client Application and the material contained therein.
14.7.3 A Player's or Account Holder's interest in the Games and the Site is personal, and not professional; any other entrance, access, use or reuse of the Games or the Site by the Player/Account Holder is strictly prohibited.
14.7.4 Players and Account Holders shall periodically examine, at a rate of not less than once monthly, these Games Rules.
14.7.5 The Games are wholly owned, run and operated by the Company. Information in this document is subject to change without notice.
14.7.6 The Account Holder accepts and acknowledges that the Games are virtual games operated from the Company's server. Any resemblance of names, circumstances or conditions used, depicted, described or suggested in the Games with reality is a coincidence and is unintended.