PlaySmart Terms and Conditions

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

 

Welcome to www.letsplaysmart.com ("Site"). This Site is operated and owned by Xurpas Inc ("Company") and materials on the Site are owned by the Company or by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the Company and its third party licensors. These Terms and Conditions ("Terms") constitute a legal agreement ("Agreement") between you and www.letsplaysmart.com; please read them carefully.

 

These terms and conditions of use ("Site Terms") apply solely to your access to, and use of, the Web site of PlaySmart ("PlaySmart"), located at www.letsplaysmart.com (the "Site"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with PlaySmart, or its subsidiaries or affiliates, for products, services or otherwise.

 

The Frequently Asked Questions located here are incorporated herein by reference. If you have any question regarding the use of the Site, please refer first to the Frequently Asked Questions. All other questions or comments about the Site or its contents should be directed to the support@letsplaysmart.com.

 

Mechanics

 

How to join & who are eligible to join:

1.       For a subscriber to qualify, he/she must:

a.       Be a subscriber of Smart  or Talk N’ Text, whether in postpaid or prepaid plans;

b.      Be registered and subscribed to PlaySmart

 

2.       From March 6, 2014 to March 5, 2015, Smart and Talk N’ Text subscribers may join the promo by:

a.       Registering through www.letsplaysmart.com.

b.      Subscribing to PlaySmart by texting JOIN to 2600.

 

How to register:

1.       To register, user goes to www.letsplaysmart.com and inputs his/her mobile number at the site.

2.       User will be sent a free SMS message to his/her registered mobile number.

         

                 SMS sent from access number 2600:

Text Box: PLAYSMART: Your verification code is <code>
Visit www.letsplaysmart.com from any PC. Help? Call (02)8896467 M-F,10am-5pm . This msg is FREE. X01

 

 

 

 

         

 

3.       User who wishes to have the verification code resent to his/her mobile number may click on the “resend code” link.  Cost of resending as follows:

 

                1st resend: FREE

SMS Reply from access number 2600:

Text Box: PLAYSMART: Your verification code is <code>
Visit www.letsplaysmart.com from any PC. Help? Call (02)8896467 M-F,10am-5pm . This msg is FREE. X01

 

 

 

 

2nd resend onwards: P1/txt.

SMS Reply from access number 2600:

Text Box: PLAYSMART: Your verification code is <code>
Visit www.letsplaysmart.com from any PC. Help? Call (02)8896467 M-F,10am-5pm. This msg is P1/txt. X01

 

 

 

 

 

4.       User enters the verification code that was sent to his/her mobile phone in to the website.

 

Note:  If incorrect code/s has/have been entered for 3 consecutive times, user’s mobile number will be blocked for 24 hours.

 

5.       User is asked to enter his/her name and password.  “Confirm password” field will also be present.

6.      PlaySmart Terms and Conditions will be available to the user’s viewing.

7.      Agreeing to the Terms and Conditions completes the registration.

8.       Registration is a one-time process per number and is free of charge.

9.      Upon successful registration, user is initially given 1 day (24 hours) FREE TRIAL access to the PlaySmart website.

·         During the free trial, user can enjoy all the features of PlaySmart except win real prizes.

·         After 24 hours, free trial will automatically expire.  This means that user will not be allowed to play games anymore but may access the other pages within the site (“My Account”, “Winners”, FAQs”, etc.)

·         Free trial may only be used once per mobile number.

·         User may play again if he/she successfully opts in by texting JOIN to 2600.

 

How to opt-in:

Text JOIN to 2600

Subscription cost: Free on the first day for first-time subscribers, P5.00/day after

 

FIRST THREE MONTHS PROMO:                           February 125, 2013 – April 30May 26, 2013

FREE on the 1st day, P5.00/day after

(applicable only to first-time users)

(FREE 1st day includes 1 Life and 24-hour site access)

 

·         User will be opted in to the subscription service and will now be given access to play in tournament mode in the PlaySmart website.

·         Every day, if successfully charged with P5 (or in the case of the promo, during the free first day), user will be given 1 Life and a 24-hour site access to play in tournament mode.

·         The 1 Life and 24-hour access take effect the moment user is charged (or in the case of the promo, the moment user opts in for free)

·         In tournament mode, user will be entitled to win real prizes.

·         Opt-in SMS reply from 2600 will be as follows:

Text Box: PLAYSMART:You’re now subscribed to PlaySmart!FREE today,P5/day after.Start playing!<Visit www.letsplaysmart.com from any pc./Register at www.letsplaysmart.com from any PC.Your temporary password is: <password>>
You may play games until <MM/DD/YYYY;HH:MM(military time)>.To unsubscribe,text JOIN OFF to 2600 for free.Help?Call(02)8896467 M-F,10am-5pm until X/XX/XXXX2/24/2014.DTI-NCR#5961s12.X01

 

 

 

 

 

 

 

 

     Notes:  

     Text in blue highlight only appears if user is already registered.

                     Text in green highlight only appears if user is not yet registered.

                     Text in yellow highlight only appears to first-time opt-ins during the first three months promo

 

·         Subscriber may only play in tournament mode once he/she is subscribed.

·         Succeeding daily SMS push sent by 2600 to charged subscriber will be as follows:

Text Box: PLAYSMART: You’ve been charged P5.00.Start playing!Visit www.letsplaysmart.com from any pc. You may play games until <MM/DD/YYYY;HH:MM(military time)>. You now have <#> <life/lives>. Help?Call(02)8896467 M-F,10am-5pm until X/XX/XXXX2/24/2014.DTI-NCR#5961s12.X01

 

 

 

 

 

Notes:

Ø  If subscriber doesn’t get charged for 60 consecutive days, his/her subscription to PlaySmart will automatically be terminated.

Ø  User may choose to opt in at any time, even while on free trial.  Unregistered users may also opt in any time.  Opt in reply to unregistered users will prompt said users to register.

Ø  Once user is subscribed, the free trial mode immediately stops and becomes superseded by the subscription.

         

How to log-in:

1.       User may log in to the PlaySmart site using his/her mobile number and PlaySmart password

2.       If user has forgotten his password, he/she may click on the “Forgot Password” link.  His/Her password will then be sent to his/her mobile number.

SMS cost: FREE for the 1st password sent, P1/txt after.

 

SMS to be received from 2600 will be as follows (1st password sent):

Text Box: PLAYSMART: Your password is <password>
Complete your log-in at www.letsplaysmart.com from any PC.TilX/XX/XXXX2/24/2014.DTI-NCR#5961s12.Help?Call(02)8896467 M-F,10am-5pm.FREEmsg.X01

 

 

 

 

 

 

SMS to be received from 2600 will be as follows (2nd password sent onwards):

Text Box: PLAYSMART: Your password is <password>
Complete your log-in at www.letsplaysmart.com from any PC.TilX/XX/XXXX2/24/2014.DTI-NCR#5961s12.Help?Call(02)8896467 M-F,10am-5pm.This msg is P1/txt.X01

 

 

 

 

 

 

 

Gameplay and objective of the game:

1.       Game play is head-to-head.  A subscriber is randomly matched (based on power matching) against a live opponent, and randomly assigned a game.

2.       If a subscriber wins, another match is served to him/her.  The subscriber can accept or decline the match served to him/her.

3.       Objective is to amass consecutive win streaks and earn prizes:

 

Consecutive Wins

Prize

3

P10.00 load

6

P 50.00 load

9

P 500.00 load

12

P 5,000.00 cash

15

The New iPad with Retina Display

Wi-Fi 16GB

(convertible to P25,000.00 cash)

18

P500,000.00 cash

20

P1,000,000.00 cash

 

4.       At each consecutive win threshold (i.e. 3,6,9,12,15 and 18), you are provided a choice: CASH OUT (i.e., claim prize) or PLAY ON.

5.       If you cash out, you are awarded the prize and your win streak is reset to zero, while if you play on and you lose a match, your win streak is reset to zero.

 

Tariff, access, and life:

1.       Tariff is subscription-based: P5.00/day.

2.       During the first three months promo, first day is free for first-time opt-ins.

3.       P5.00 - or the free first day during the promo - provides 24-hour access to the site along with one “Life.”

4.       When you lose, your “Life” is spent. You can no longer compete for prizes if you have no more lives. However, you can “Practice” all-you-want for the balance of the day.

5.       You also have the option of pulling a new “Life” for P5.00.  You may only pull a new “Life” when you have “died” and have no more life.  There is no limit to pulling lives in a day.

6.       If you end your 24-hour access with existing life/lives, your life/lives will be carried over to the next day you are charged.

7.       Access will always expire in 24 hours from the last time you were charged.

8.       Should user have insufficient/zero load balance after 24 hours from his last charge, two more billing attempts will be made during that day in order to continue his subscription.

 

Win streak:

User’s win streak carries over to the next day.  A win streak is only reset to zero if:

a.       You lose.

b.      You cashed out.

c.       You have not been billed for 60 consecutive days and are therefore considered a dead mobtel.

d.      You opt out from the service.

 

Logging out from the website will not reset your win streak to zero.

 

Powermatching:

·         Your opponent is based on power matching - you can only be matched against an opponent with the same active win streak as you.

 

Note: Players in tournament mode (i.e., those competing to win “real” prizes) will only be matched against players who are also in tournament mode.

 

Match process flow and waiting time:

1.       The system will match the players using the following process flow:

a.       Find online players in the same winning streak as you, who are also waiting for their next match.

b.      Players may accept or decline a match.  If a player declines a match, he/she will be taken to practice mode.

c.       Declining a match will not reset your win streak to zero. 

d.      If there are no available players as mentioned in item “a,” who accepts a match, the system will then find players who are playing at the next lower level than yours.  Eventual winner from one of these matches will be matched against you.

e.      Said winner may also accept or decline a match.  Winners of threshold levels also have the option to “cash out”.

2.       Given the process flow above, the estimated time for the next match may vary.


What are the prizes:

 

Consecutive Wins

Prize

3

P10.00 load

6

P 50.00 load

9

P 500.00 load

12

P 5,000.00 cash

15

The New iPad with Retina Display

Wi-Fi 16GB

18

P500,000.00 cash

20

P1,000,000.00 cash

1.  For prizes exceeding P10, 000, the 20% prize tax will be shouldered by the winner.

2.  All prizes are transferrable.

3.  Load prizes are not convertible to cash.

4.  The New iPad with Retina Display Wi-Fi 16GB is convertible to cash (P25,000.00).

 

Who are not qualified/eligible to join:

All employees of Smart Communications, Xurpas, Inc., Digital Storm, its agencies, and their relatives up to the second degree of affinity or consanguinity are disqualified from joining the promo.

 

Validation process:

1.       The final prize of a player shall be determined by the following:

o   PlaySmart validated database logs

o   Having complied with the mechanics of the promo

2.       Winners of P5,000.00 cash, The New iPad with Retina Display Wi-Fi 16GB/P25,000.00 cash, P500,000.00 cash, and P1,000,000.00 cash will be asked to provide their complete name and address in the popup message that appears on the website when they “cash out”.

3.       Said winners shall be notified by a call from an authorized Company representative, and by registered mail.

4.       Smart/Xurpas/Digital Storm reserves the right to conduct further validation and verification before awarding the prize to the winner.

5.       Xurpas/Digital Storm has the right to terminate accounts and forfeit prizes of subscribers who have been proven to win/move their win streaks via fraudulent transactions.  Fraudulent transactions may include but are not limited to the use of:

Ø  stolen or fake accounts

Ø  domain hijacking

Ø  automated scripts to play or to interfere with the site’s normal flow

Ø  data injection into the gaming server

6.       A subscriber may win more than once during the promo period.

7.       Prizes are transferrable, but the cell phone load is not convertible to cash.

 

Redemption of prizes:

a.       Instant load

Ø  For pre-paid subscribers - Winners will be awarded instantly and electronically with the cellphone load

Ø  For post-paid subscribers - Winners will be asked to nominate a prepaid number where load can be sent to.  Load will instantly and electronically be awarded to the nominated prepaid number.

b.      Cash and/or iPad

Ø  Winners must present the following when claiming the prize:

o   Two (2) valid IDs with picture and address (i.e. SSS, Driver’s License, PRC Card, Company ID or passport);

o   The SIM card used in playing to win the prize;

o   The official registered mail sent by the Company;

o   Tax Identification Number

o   Amount of 20% prize tax, as applicable

Ø  Prizes shall be awarded only upon completion of entire validation process, resulting in the subscriber being identified as a legitimate winner.

Ø  For post-paid subscribers, accounts should have no outstanding overdue be current and on the date of redemption.  Outstanding overdue must be settled prior to release of prize.

Ø  For pre-paid subscribers, accounts should have been properly decremented for all transactions on the date of redemption.  PlaySmart and Smart’s system logs should show that winner has actually been successfully billed for his/her corresponding PlaySmart transaction/s in relation to his/her winning/s.

Ø  If winner is a minor, he/she must be accompanied by his parent/s or legal guardian.

Ø  For prizes above P10,000.00, the 20% tax will be shouldered by the winners.  For cash prizes above P10,000, the Company shall withhold the 20% tax from the cash prize and  remit the prize net of the 20% withholding tax to the winner.  In case the winner is entitled to a non-cash prize above P10,000 and opts to receive the non-cash prize, the winner shall pay the 20% tax to the Company in cash before he or she may claim the non-cash prize.  In both cases, the Company shall be responsible for remitting the 20% tax to the Bureau of Internal Revenue in accordance with applicable law and regulations.

Ø  Qualified winners must claim their prizes within sixty (60) days from receipt of notification. Failure to claim within the allotted time/duration forfeits the winner’s right over the prize with prior DTI approval.

Ø  For Metro Manila winners: prizes may be claimed at the Xurpas, Inc. office located at Unit 24B Trafalgar Plaza, 105 H.V. Dela Costa Street, Salcedo Village, Makati City 1227.

Ø  For provincial winners:

o  The Company shall contact the winner and make arrangements for claiming the prize.

o  Winners must claim their prize at the Xurpas office. Transportation, board and lodging expenses for claiming the prize shall be shouldered by the winner.

o  In case the winning subscriber cannot claim the prize personally, winners can send an authorized representative (except for prizes worth P500,000.00 and above).  The authorized representative should have an authorization letter and 2 valid (IDs) with picture and address, the official notification letter, and the winning SIM card registered to PlaySmart.

o  Winners of prizes worth P500,000.00 and above must claim their prize personally at the Xurpas office.  Authorized representatives will not be allowed to claim in the winners’ behalf.

 

Additional requirements:

a.       If the name of the subscriber indicated in the Smart billing system as being the postpaid subscriber is different from the name of the PlaySmart website registrant, the PlaySmart website registrant will be qualified to receive the prize if the postpaid subscriber submits an affidavit certifying that the postpaid subscriber has authorized the winner to use his postpaid SIM card to join the Promo and that he waives his right to the prize in favor of the website registrant.  The Company may request for additional identification documents to verify the identity of the postpaid subscriber.

b.      If the postpaid SIM card number corresponds to a subscription of a company, then the PlaySmart website registrant will be qualified to receive the prize if the duly authorized representative of the company owning the postpaid SIM card submits an affidavit certifying that the company has authorized the PlaySmart website registrant to join the Promo and that the company is waiving its right to claim the prize won.

c.       If the PlaySmart website registrant is a minor, then he must be accompanied by his parent/legal guardian when he claims his prize.  The subscriber’s parent/legal guardian must then present his valid government identification and certified true copy of the minor’s birth certificate evidencing that he is the parent/legal guardian of the subscriber.

d.    Winners may be asked, depending on advertising needs, to take part in a photo/video session and a video-recorded interview about the circumstances surrounding his/her wins. The following rules apply to the photo/video session:

 

1.       The face must be uncovered.

2.       PlaySmart may require photo ID to confirm the winner's usual appearance.

 

If a winner refuses to comply with these rules, PlaySmart reserves the right to suspend payment of the prize.

 

The information gathered may be used to write a press release sent to the media.

 

Winner's information, photos, and videos may also appear in one of PlaySmart's commercials, including but not limited to, television and radio, as well as on the website.

 

IMPORTANT:

Failure to submit any of the required proof and documentation is a ground for disqualification.

 

Note:

PlaySmart reserves the right to publish the name, region address, photograph, and video of the winners.  This rule is one of the conditions of participation on the Website, which allows PlaySmart to provide the public with proof of the prizes won by users.  This constitutes a fundamental transparency issue.

 

Control measures:

1.       DTI representative shall be invited to check, test, validate and verify the computer system for the promo. A copy of the said system shall be sealed in an envelope and signed by the DTI representative for safekeeping of the Company for verification of DTI at any time.

2.       A printed copy of the properties of the program shall be given to the DTI representative after verification.  The DTI representative shall check the database of the promo.

3.       A copy in CD form shall be sealed in an envelope and signed by a DTI representative for safekeeping of the Company and for verification of DTI at any time until all prizes are claimed.

4.       The Company will inform DTI of the list of winners after verifying from the telecommunication company and any disqualified winner(s) and reason(s) for disqualification.

5.       Users will only be allowed to login from one terminal/browser. Logging in to another terminal/browser will log you out from the browser you were previously logged in.

6.       Disconnection from an on-going match will result in a draw.  Neither of the competing players’ win streaks will be affected.  Said players will be then matched with other players.

7.       In case of a match ending in a draw (except if it is a result of disconnection), a rematch will be held between the two players for the same game.

8.       In case of any complaint, PlaySmart system logs will be open to inspection by DTI as needed.

 

Other keywords:

•             To opt-out:

Text JOIN OFF to 2600

Cost: Free

Note: Opting out immediately terminates playing access to the PlaySmart site

 

•             To get help information:

Text JOIN HELP to 2600

Cost: P2.50/text

 

Last day of promo:

Players who ended in the following win streaks by the end of the promo period (January 31February 24, 2014) will automatically be awarded with the following prizes:

 

Consecutive Wins

Payout (PhP)

0

0.00

 

1

0.00

 

2

0.00

 

3

10.00

load

4

15.00

load

5

25.00

load

6

50.00

load

7

100.00

load

8

200.00

load

9

500.00

load

10

1,000.00

cash

11

2,000.00

cash

12

5,000.00

cash

13

7,500.00

cash

14

15,000.00

cash

15

The New iPad w/ Retina Display Wi-Fi 16GB

convertible to P25,000.00 cash

16

50,000.00

cash

17

100,000.00

cash

18

500,000.00

cash

19

750,000.00

cash

20

1,000,000.00

cash

 

Validation and redemption processes and requirements mentioned above will apply.

 

 

Account Termination/ Suspension

 

PlaySmart reserves the right, at any time and without notice, to deny or reject your registration and/or subscription, to monitor, suspend, terminate and/or close your account, and to block, refuse and/or prohibit your access to and use of the Site, in the event PlaySmart determines, in PlaySmart’s sole and absolute discretion, that any of the following has or is likely to occur: (a) a breach or violation of these Terms and Conditions; (b) violation of any applicable law, rule or regulation, (c) violation or infringement of any right of a third party, (d) unauthorized or improper access to or use of the Site or any Service, or (e) interference with the operation of the Site including hacking, domain hijacking, or the installation of any type of malware. If PlaySmart cancels, suspends or terminates your account based on any alleged breach or violation set forth above, PlaySmart reserves the right to withhold and deny any refunds of subscription or purchased Life that remain unused.

 

Opt-Out

 

You may opt-out at any time by simply texting JOIN OFF to 2600. Opting-out voids any active win streak, accumulated Lives and claim to prizes. If you cancel your account, you are not entitled to and will not receive a refund paid for subscription or Lives, whether or not such have been used.

 

Unavailability of Matches

 

There is no guarantee that you will always be matched.

 

Matches are based on Power Matching: you can only be matched with players of the same win streak as you. As such, there may be instances where there is no available opponent and you will have to wait indefinitely.  It is possible that no match ever becomes available.

 

Availability of matches is dictated by number of players, how many of them are online at any given time, what Win Streak they reach, and when they choose to cash out.

 

You are not entitled to any refund in the event of match unavailability.

 

Standard subscription charges (P5.00/day) continue to apply even if a match continues to be unavailable.

 

 Disputes

 

Final basis is PlaySmart logs.

 

Screenshots or video shall not constitute proof of winning.

 

System Outage

 

With the currently available technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as "technical faults"). PlaySmart, therefore, provides no guarantee of the uninterrupted availability of its website and technical systems.

 

Loss

 

All games are turn-based and have a time limit. Failure to move within the time limit will result in a Loss.

 

Losses cannot be appealed or reversed. 

 

Privacy Statement

We are committed to protecting your privacy.  Authorized employees within the Company are on a need-to-know basis only when using any information collected from individual Clients.  We constantly review our systems and data to ensure the best possible service to our Clients.  We have created specific offenses for unauthorized actions against computer systems and data.  We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

 

Confidentiality

Client records are regarded as confidential and therefore will not be divulged to any third party other than authorized partners/suppliers with the full knowledge and agreement of the Client, and if legally required to do so, to the appropriate authorities.  A Client has the right to request sight of, and copies of, any and all Client records we keep pertaining to him or her personally, on the proviso that we are given reasonable notice of such a request.  Where appropriate, we shall issue Client with appropriate written information, handouts, or copies of records pertaining to the Client as part of an agreed contract for the benefit of both parties.

 

We will not sell, share, or rent your personal information to any third party.

 

Disclaimer

Exclusions and Limitations

The information on this website is provided on an “as is” basis.  To the fullest extent permitted by law, this Company:

The above exclusions and limitations apply only to the extent permitted by law.  None of your statutory rights as a Client are affected.

 

Availability

Unless otherwise stated, the services featured on this website are available only within the Philippines, or in relation to postings from the Philippines.  Any and all advertising is intended solely for the Philippine market.  You are solely responsible for evaluating the fitness for a particular purpose of any downloads and text available through this site.  The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to its best ability.  By accepting the Terms and Conditions, you thereby indemnify and hold this Company, its employees, agents, and affiliates free and harmless from and against any loss or damage, in whatever manner, howsoever caused, to you or any person or property in connection with your use of this service.

 

Log Files

We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use.  IP addresses are not linked to personally identifiable information.  Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL.  This information is not shared with third parties and is used only within this Company on a need-to-know basis.  Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

 

Cookies

Like most interactive websites, this Company’s website (or ISP) uses cookies to enable us to retrieve user details for each visit.  Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.  Some of our affiliate partners may also use cookies.

 

Links to this Website

If you create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

 

Copyright Notice

Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.

 

This Company’s logo is a registered trademark of this Company in the Philippines and other countries.  The brand names and specific services of this Company featured on this website are trademarked.

 

The Company’s trademarks may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers or Clients or in any manner that disparages or discredits the Company.  All other trademarks not owned by the Company or its subsidiaries that appear on this site are the property of their respective owners.

 

You acknowledge that your use of the service will not create in it, nor does it imply that you shall have, any right, title, or interest in or to the Company’s or the service’s marks or brand features other than the limited access expressly granted herein.  Neither will you contest, impair, or disparage in any manner, or assist another party in contesting, impairing, or disparaging in any manner, either directly or indirectly, the Company’s or the service’s marks or brand features or the Company’s ownership rights therein.

 

Communication

When you contact us via our website or send emails to us, you are communicating with us electronically.  You consent to receive communications from us electronically and by other means.  We will communicate with you by email, telephone, mobile phone, facsimile, or in writing.  You agree that all agreements, notices, disclosures, and other communications that we provide to you by any of the aforementioned means satisfy any legal requirement that such communication be in writing.

 

Your User Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

 

Force Majeure

Neither party shall be liable to the other for any failure or delay to perform any obligation under this Agreement which is due to an event beyond the control of such party including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, or any other natural or manmade eventuality outside of our control, which causes the interruption of the service, an agreement or contract entered into, or which could not have been reasonably foreseen.  Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.   If any failure or delay caused by force majeure event covered hereunder continues for thirty (30) days or longer, the party unaffected by such event shall have the right to terminate this Agreement without cost or liability to the other party.

 

Waiver

Failure of either party to insist upon strict performance of any provision of this or any Agreement or the failure of either party to exercise any right or remedy to which it, he is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement.  No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both parties.

 

Viruses, Hacking, and other Offenses

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site.  You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

 

The Company has the right to terminate accounts and forfeit prizes of subscribers who have been proven to win/move their win streaks via fraudulent transactions. 

 

We will report any breach of this provision or any other provision of this Agreement to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them.  In the event of such breach, your right to use our site will cease immediately.  In addition, we shall not hesitate to file the appropriate criminal case or civil proceeding against you for any violation hereof.

 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our site or to your downloading of any material posted on it, or any website linked to it.

 

Legal Use of Site

You agree to use this site and its services for legal purposes only.  By no means should you use the site for illegal activities.  The use of this site is for your personal entertainment and must not be used for any commercial purpose of any kind.

 

General

The laws of the Republic of the Philippines govern these terms and conditions.  By accessing this website and availing of our services, you consent to these terms and conditions and to the exclusive jurisdiction of the Philippine courts in all disputes arising out of such access.  If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.  Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

 

These terms and conditions form part of the Agreement between the Client and ourselves.  Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein. 

 

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