1. Agreement
1.1 Use of the Site is subject to these terms and conditions ("the Terms"). Please read the Terms carefully before accepting them.
1.2 We reserve the right to amend these Terms at any time. We reserve the right to change these terms and conditions at any time by posting the changes on the Site. It is your responsibility to view the Terms regularly to obtain notice of any such changes. Your continued use of the website will confirm your acceptance to such changes.
1.3 You must read the terms before using the Site. By using the Site you confirm that you have read and understood the Terms and that you agree to be bound by them.
2. Registration and Subscription
2.1 The subscription fees are set out in Clause 3. We reserve the right to suspend or cancel your subscription in the event that any subscription fees are not paid or you breach any of the Terms, and you must not re-register for use of the Site without our prior consent.
2.2 You undertake to register and/or subscribe to the Site using your correct name, address and any other requested details. If any of the information which you provide to us becomes incorrect then you must notify us by email or by post.
2.3 Subscription to the Site is for the duration of the current season’s competition. We reserve the right to automatically renew your subscription at the end of the current season’s competition and payment will be collected in accordance with Clause 3 the next time you log on to the site unless we receive written notice (by post or by email) not less than 30 days prior to the date of expiry from you stating that you do not wish to renew your subscription.
3. Fees
Not currently applicable.
4. Copyright
4.1 All property and any copyright or other intellectual rights in any material including without limitations the designs, text and graphics on the Site, shall belong to us or our licensor and no such rights shall pass to you. You acknowledge that you may not copy or use any of the material from the Site (except in the course of the normal operation of the Site).
5. Prize Competitions
Not currently applicable.
6. Warranties and Liability
6.1 We will not be liable to you for any loss or corruption of data, economic loss or other loss of turnover, profits, business, anticipated savings, or goodwill, or the increase in costs and expenses, or for any indirect, special or consequential loss, or any claims or demands or actions against you by any third parties. For these purposes, "loss" includes a partial loss or reduction in value as well as a complete or total loss.
6.2 To the extent that we are liable to you, our entire liability and your exclusive remedy for damages will be limited to the sums paid by you to us in relation to your use of the Site (excluding the subscription fee).
6.3 We give you no warranties in relation to the quality of any of the games which you may play on the Site. You acknowledge and agree that all games must be played in accordance with the instructions which apply to that game.
6.4 Nothing in the Terms limits or excludes and shall not be construed as limiting or excluding our liability for anything which is from time to time not permissible in law so to do including, without limitation, death or personal injury caused by our negligence. Your statutory rights are not affected by the Terms.
7. Your Obligations
7.1 You will not interfere with or attempt to interfere with the proper operation of our software or any service being delivered through the Site.
7.2 You will not attempt to gain unauthorised access to our computer system or that of any other user.
7.3 You will not take any action which causes or is likely to cause the service provided by the Site to be interrupted or degraded.
7.4 You will not disclose or share your password for any purpose unconnected with the proper use of the Site.
7.5 You will not post any defamatory or obscene material on the Site.
8. Your Liability
8.1 You will indemnify us and keep us indemnified against any and all claims against us arising from and in connection with your use and abuse of the service or your breach of the Terms. Such indemnity includes, without limitation, all losses, costs and expenses incurred by us in consequence of any such claim.
9. Disclaimer
9.1 We cannot guarantee the availability of the Site without interruption or fault and we reserve the right to alter any part of the Site at any time, and to suspend or withdraw the Site at any time for any reason.
9.2 We make no warranties, representations or undertakings about and take no liability for any content of this Site or any other site referred to or accessed by hypertext link through this Site.
9.3 We will deliver our service with reasonable skill and care and subject to this all conditions, warranties, terms and undertakings, express or implied, statutory or otherwise are hereby excluded.
10. Termination
10.1 We reserve the right to suspend or terminate your subscription at any time if you have breached, or it appears to us that you have breached these Terms.
10.2 You may terminate your subscription on giving us not less than 30 days notice in writing by post, e-mail, facsimile, or comparable form of communication but you will not be entitled to a refund in total or in part of your subscription fee.
11. General
11.1 These terms constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except with our prior written approval. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by the law.
11.2 Any communication sent electronically by email or otherwise:
11.2.1 will be deemed to have been sent once it enters a system for generating, sending, receiving, storing or otherwise processing electronic communications ("Information System");
11.2.2 will be deemed to have been received by you at the time that in a readable form it enters an Information System which is capable of access by you;
11.2.3 will be deemed to have been despatched in the case or a business at its principal place of business and in the case of an individual where he or she ordinarily resides; and
11.2.4 will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.
11.3 No failure or delay by either party in exercising its rights under the contract between the parties shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the contract between the parties by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
11.4 If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Terms and the remainder of the provision in questions shall not be affected.
11.5 These Terms shall be governed by the laws of England and you agree to submit to the exclusive jurisdiction of the English Courts.
Any questions or comments regarding these Terms should be directed in the first instance by email to Winning Moves UK Ltd. at info@toptrumps.com, or by post to Winning Moves UK Limited, 7-9 Praed Street, London, W2 1NJ. Tel: 0207 262 9696, Fax: 0207 402 5126