KIGGIT – TERMS AND CONDITIONS OF USE OF SERVICES
In these terms and conditions (the “Terms”):
“Kiggit ApS”, “we”, “us” and/or “our” means Kiggit ApS, a company registered in Denmark under company number 35417478 and with our registered office at Flæsketorvet 68, Copenhagen V
“User”, “you” and/or “your” means any person who uses the services available via the App (as defined in section 1.1 below).
1.1 We operate the Kiggit mobile app available on iOS, Android and as a web app (the “App”).
1.2 These Terms set out the legal terms and conditions on which you may use the services provided through the App (the “Services”).
1.3 Please read these Terms carefully and make sure that you understand them before you start to use the Services. We recommend that you print a copy of these Terms for future reference.
1.4 By using the App you confirm that you accept these Terms and that you agree to comply with them.
1.5 We may revise these Terms at any time. You should check this page from time to time to take note of any changes we make, as they are binding on you from the date that we make them.
1.6 These Terms are only available in the English language.
2. Defined Terms and Interpretation
2.1 In these Terms:
2.1.1 “Contest” means either a public (created by our staff) or private (created by a user) contest, whereby you place a virtual bet on a particular occurrence in a Match (such as outright winner, first goal scorer, correct score, etc), in accordance with the relevant Rules;
2.1.2 “Customer Account” means a customer account that has been opened by you through the App in order to use the Services and is identified by way of an allocated account number generated by us;
2.1.3 “Games Lobby” means the section of the App through which registered users can join or create Contests;
2.1.4 “Match” means a professional football match played in any of the leagues listed on the App (as updated from time to time);
2.1.5 “VAT” means Value Added Tax;
2.1.6 a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
2.1.7 references to the singular include the plural and references to one gender include all genders;
3. Your Customer Account
3.1 If you do not already have a Customer Account, you must register your personal details on the App in order to create a Customer Account before you can use the Services.
3.2 In order to be eligible to register for a Customer Account and use the Services you must:
3.2.1 be over 17 years of age;
3.2.2 be using the Services for your own personal and non-commercial purposes;
3.2.3 ensure that your use of the Services is permitted and in compliance with all applicable laws in your territory or state; and
4. The Services
4.1 You can join or create a Contest through the Games Lobby, in accordance with the procedure set out on the App.
4.2 In order to participate in a Contest:
4.2.1 you must ensure that you have sufficient credits in your Customer Account in order to participate;
4.2.2 you must follow the procedure set out on the App in order to participate;
4.2.3 once you participate in the Contest, you will receive a confirmation message that the participation has been accepted.
5. Credits and in-app purchase
5.1 Each user is given 500 credits when signing up for the app, and can spend it as a virtual currency in the app by participating in Contests.
5.2 Users can add credits by purchasing coin packs.
6. Limitation of Liability
6.1 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.
6.2 We only provide the Services for your domestic and private use only. You agree not to use the Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.3 If we fail to comply with the Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Agreement.
6.4 Nothing in the Agreement excludes or limits our liability for:
6.4.1 death or personal injury caused by our negligence;
6.4.2 fraud or fraudulent misrepresentation; or
6.4.3 any other liability that cannot be limited or excluded by law.
6.5 This section 7 shall survive termination of the Agreement.
7. Events Outside our Control
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, the Services or any of our other obligations under the Agreement, that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
7.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, mechanical failure or any other act or event affecting our ability to perform our obligations under the Agreement.
7.3 If an Event Outside Our Control takes place that affects the performance of the Services or any of our other obligations under the Agreement:
7.3.1 we will contact you as soon as reasonably possible to notify you;
7.3.2 we shall not be liable to you as a result of any delay or failure to perform the Services or any other obligation of our under the Agreement as a result of an Event Outside Our Control; and
7.3.3 we shall use reasonable endeavours to minimise any disruption to the Services.
8. How we use your Personal Information
9. Our Right to vary these Terms
9.1 We may revise these Terms from time to time.
9.2 Every time you use the Services, the Terms in force at that time will apply to such use of the Services.
10. Contacting Us and Disputes
10.1 If you have any queries or are not satisfied with the Services please contact our customer services team immediately in order that we may address your concerns. Our contact details are:
Office location: Flæsketorvet 68, 1711 Copenhagen V
You will be provided with a reference number for your query which you should keep in order that we can efficiently process your query.
10.2 If you have a complaint that our customer services team has not been able to resolve to your satisfaction, you may request that your complaint is escalated to a customer services manager, who will examine your complaint and provide a resolution within 48 hours.
10.3 accordance with section 17.8).
11. Credits elaborated
It is not possible to withdraw any credits purchased or won in the Kiggit app.
12. Other Important Terms
12.1 All intellectual property rights in or arising out of or in connection with the Services shall, as between you and us, be owned by us.
12.2 “Kiggit” is a trade mark of Kiggit ApS.
12.3 The Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
12.4 If any provision of the Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible, and the remainder of the Agreement shall remain in full force and effect.
12.5 Any failure by us to enforce or exercise any provision of the Agreement shall not constitute a waiver of that provision or any other provision.
12.6 The Agreement, its subject matter and its formation, are governed by English law.
12.7 You have legal rights in relation to Services not carried out with reasonable care and skill. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these legal rights.