TERMS & CONDITIONS
COSMO > TERMS & CONDITIONS
Terms and Conditions
The following provisions define the terms and conditions that govern your use of, access to and participation in any "play for real" services provided by,
1.1. Cosmos Digital Solution Limited (collectively referred to as "COSMOS", "the Company", "we", "our" or "us" as the context requires) from time to time.
1.2. References to the "Services" are to the data services and provided by the Company via the website and any other activities which may be added to the website from time to time;
1.3. "Device(s)" mean any application access devices, including but not limited to personal computers, laptops, mobile phones, personal digital assistants, PDA phones, hand-held devices employed for the use of and access to the Website(s) and participation in the Services;
1.4. "Software" means any computer programme, data file or any other content (including any user information relating to the foregoing) that is required to be installed on your Device in order to enable you to use, access and participate in the Services for the purpose of using, accessing and participating in the foregoing on the Website through your Device.
1.5. "Website" refers to cosmosfb.com website, which is wholly owned and operated by the Company;
1.6. References to "you" or "your" are to any person who uses the cosmosfb.com Facilities or the Services under these Terms and Conditions.
2.2. If you do not agree with any of the terms of these Terms and Conditions, please do not tick the box next to the " I confirm that I am at least 18 years old and accept cosmosfb.com's Terms & Conditions.", do not click the "Login" button, and do not attempt to use or continue using any of the Services or download and/or install the Software.
2.3. It is a condition of holding an account with us that you agree to accept these Terms and Conditions.
3.1. We reserve the sole right to amend, update and modify these Terms and Conditions from time to time and any such amendment, update or modification will be published on the Website(s). The amended, updated or modified Terms and Conditions and any other rules relating to the games and promotions shall be effective upon publication on the Website(s). Continued use of, access to and participation in the Services on or through our Website(s) and Device(s) after such publication constitute your acceptance to the modified or updated Terms and Conditions and any other rules relating to the games and promotions as published from time to time.
3.2. You acknowledge and agree that it is your sole responsibility to check for any such amendments, updates and/or modifications. COSMOS may, in our sole discretion, notify you of such updates and modifications. Such notification, as may be provided by COSMOS in our sole discretion from time to time, shall not constitute an obligation upon COSMOS to notify you of such amendments, updates or modifications.
4. INFORMATION AND INTELLECTUAL PROPERTY
4.1. The information, material and data provided or made available to you on or generated and/or collected by the Website(s), Services and/or through the Device(s) and/or in any other form including, without limitation, marketing programme and materials, results, statistics, odds and figures, text, graphics, video and audio content (the "Information"), belong to COSMOS and/or our licensors and are for your personal and non-commercial use only.
4.2. Save as expressly provided by these Terms and Conditions, you may not in any way or by any means adapt, copy, modify, reproduce, store, distribute, display, publicly perform, include in a cable programme, publish, transmit, sell, rent, lease or license or otherwise make the Information available to any other person, or on another website, online service or bulletin board, or on any other media and/or Device without our express prior written consent or in the case of third party material, without the prior written consent of the owner of the proprietary rights in such material.
4.3. The Software, Services and the Information provided on the Website(s) and/or through Device(s) are protected by copyright, trademarks and other forms of intellectual and proprietary rights. All rights, title and interest in and to the Software, Services and Information on the Website(s) are owned by, licensed to and/or controlled by COSMOS and/or our licensors. You acknowledge that you do not acquire any rights or interests, or any licenses to the Software, Services and the Information through your use of and access to the foregoing provided on the Website(s) and/ or through Device(s).
5. CONDITIONS OF USE
5.1. As a condition of use of the Services, you warrant and undertake that you shall not use or access the Website(s), Services, Software and/or the Information for any purpose that is unlawful under any law that is applicable to you or that is prohibited by and/or in breach of these Terms and Conditions. In particular (and in addition to all other representations and warranties set out in these Terms and Conditions), you warrant and undertake as a condition of your use of the Services:
- that you are acting on your own behalf and in your own personal capacity and not on behalf of another person;
- that you are not depositing money which originate from criminal or other illegal or unauthorised activities;
- to keep your username, account number and password secure, confidential and protected against unauthorized access or use and to ensure that you change your password immediately or notify us immediately if the confidentiality of your username, password or account number has been compromised in any way;
- to be solely responsible for any and all activities that occur under the access to and use of the Services on and through the Website(s) and/or Device(s) under your username, account number and password regardless of whether such access and/or use was authorized by or known to you or not;
- not to use the Services, Website(s), Device(s), Software or the Information in any way which interferes or may interfere with the availability of the Services and the Website(s) to other users nor do anything that degrades or may degrade the operational performance of the Services and Website(s);
- not to solicit or in any manner seek to obtain any information relating to other users;
- not to upload or distribute any program, file or data that contain viruses, are corrupted or may affect the operational performance of the Device(s), Software, Services and/or Website(s);
- that your access to or use of the Services and Information on and through the Website(s) and/or the Device(s) is not illegal or prohibited by laws that are applicable to you or contractual obligations which apply to you personally or to persons in the country from which you are currently accessing the Website(s) or using the Device(s);
- not to use any device, robot, spider, software, routine or other method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the normal proper functioning of the Services, Device(s), Software, Website(s), Information or any transactions offered at the Website(s) and/or through the Device(s);
- not to post or transmit to the Website(s) and/or to the Device(s) or to any other users, any unlawful, harassing, abusive, threatening, libelous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law;
- that you are not an officer, director, employee, consultant, affiliate or agent of COSMOS or any company related to COSMOS, or a relative or housemate of any of the foregoing;
- not to interfere with other users' use of the Services, Website(s), Software, Devices and/or Information or initiate and/or engage in surveys, contests, chain letters or post/transmit "junk mail", "spam" or any unsolicited mass dissemination of email;
- you understand that monies in your account will not accrue any interest;
6. SOFTWARE LICENSE
6.1. You hereby acknowledge and agree that the Software that is made accessible to you (by download or otherwise) for your remote use on the Website through your Device is part of the Services and is the property of COSMOS and/or our licensor, and that you do not gain any rights to such Software whatsoever. You may not in any way or by any means adapt, copy, modify, reproduce, store, distribute, display, publicly perform, broadcast, include in a cable programme, publish, transmit, sell, rent, lease or license or otherwise communicate or make available such Software to any other person, or on another website, online service or bulletin board, or on any other media and/or device.
6.2. COSMOS hereby grants to you a personal, non-exclusive, non-transferable and revocable license to install and use the Software on your Device(s) (the "License") PROVIDED THAT such installation and use is made through a Device of which you are the primary user.
6.3. The Software is licensed and distributed by COSMOS solely for the purpose of enabling end users of the Software to fully access and utilize the Services.
6.4. You are not allowed to:
- install or load the Software onto a server of other networked device or take other steps to make the Software available via any form or bulletin board, online service or remote dial-in, or network to any other person;
- distribute, rent, lease, sub-license, copy, transfer, assign or otherwise make available the Software and/or the License to use the Software to any other person;
- allow any other person to use the Software;
- create or provide any means (including, without limitation, via emulators) through which the Software may be used by others;
- translate, reverse engineer, decompile, disassemble, modify, discover, create derivative works based on the whole or part of the Software and/or the source code of the Software; or
- copy, modify, translate or create any derivative works based on the whole or any part of the user documentation concerning the Software.
6.5. You acknowledge and agree that the Software and the Software user documentation provided on the Website(s) and/or through Device(s) or otherwise, are owned by COSMOS and/or our licensors and are protected by copyrights, trademark rights and other forms of intellectual and proprietary rights. You hereby acknowledge that the structure, organisation and source code of the Software are the valuable trade secrets of COSMOS and our licensors. You acknowledge that save for the rights granted to you in accordance with the License, you do not acquire any rights or interests whatsoever in the Software and/or the Software user documentation.
6.6. Upon the termination of this Agreement for whatever reason, the License issued under this Agreement is automatically revoked and you shall stop using the Software and you shall uninstall the Software from your Device.
7. SETTLEMENT OF TRANSACTIONS
7.1. When using a credit or debit card, the cardholder's name must be the same as the Name. COSMOS reserves the right not to settle a transaction in the event of discrepancies between the cardholder's name and the Name.
7.2. You are fully responsible for paying all monies owed to COSMOS. In respect of any payment made by you, you agree that you will not make or procure the making of any charge-backs and/or deny or reverse any such payment, and that you will reimburse COSMOS for any charge-backs, denials or reversal of payments as well as any and all losses suffered and expenses incurred by COSMOS as a consequence thereof. COSMOS may, at our sole and absolute discretion, cease to provide services or payment to certain users or to users paying with certain credit or debit cards.
8.1. You agree to fully indemnify COSMOS, our shareholders, employees, officers, directors, licensees, distributors, affiliates, subsidiaries, agents for any loss, damage or claim (including reasonable legal fees) that may be incurred as a result, or in consequence of, your access to the Website(s), downloading or installation of the Software, or other use of the Services, Software and/or Information, and/or by reason of any breach of any of these Terms and Conditions.
9. DISCLAIMERS AND SPECIFIC WARNINGS
9.1. The Services, Software, Website(s) or the Information are provided on an "as is" basis. Save as expressly provided in these Terms and Conditions, COSMOS makes no representation or warranty of any kind in respect of the Services, Website(s), Software and the Information contained therein. To the maximum extent permitted by law, any representation or warranty, whether express or implied, statutory or otherwise in respect of the Services, Software, Website(s) and Information is hereby excluded. COSMOS does not warrant that the Services, Software, Website(s) or the Information will be accurate, timely, secure, free of interruptions or errors or external interference of any nature, or that any identified defect will be corrected. COSMOS does not warrant that the Services, Software, the Website(s), the Information or servers that make them available are free of computer viruses spyware, adware or other malicious, destructive or corrupting code, program, data or macro or any other features that may affect any Device(s) and/or data contained within. You undertake to take your own precautions (at your own expense) to ensure that the processes, measures and/or Device(s) which you employ for using or accessing the Services, installation of the Software and using the Website(s) do not expose you to the risk of computer viruses, spyware, adware or other malicious, destructive or corrupting computer code or other forms of interference or damage to your Device or data contained within.
9.2. In the event of system or communication errors or any other elements of the Services, COSMOS will not be liable to you as a result of any such error.
9.3. COSMOS shall in no event be responsible or liable for any damages, loss or expense, including any interference or damage to your Device(s) or data contained within, in connection with your access to, use of or participation in the Services, Website(s), Software and the Information. COSMOS further fully disclaims any and all warranties, representations and responsibilities in respect of any aspect of the Services, Website(s), Software and the Information, which may be provided by third parties, including but not limited to broadband service providers and telecommunications service providers, and shall not on any account be liable for any default, breach or inaction of such third party partners.
9.4. COSMOS, our related corporations, affiliates, partners, officers, employees and agents shall in no event be responsible or liable for any damages, loss or expense, including without limitation direct, indirect, consequential or special damage or economic loss arising from or in connection with your access or use of the Services, Website(s), Software and the Information, or your loading, installation or use of the Software regardless of whether COSMOS has been advised of such a possibility or not.
9.5. You acknowledge that part or all of the Information may be provisional in nature and may be subject to revision, change or modification, as provided in these Terms and Conditions. You therefore acknowledge that the Information is provided solely for reference and does not constitute advice or solicitation, and is not the subject of, and shall not constitute the basis of any binding representation, warranty, contractual obligation, or reliance on your part of any nature.
9.6. You hereby acknowledge and agree that all disclaimers and exclusions of liability contained in these Terms and Conditions represent a fair and reasonable allocation of the risks and benefits of the agreement between you and COSMOS, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to COSMOS. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.
9.7. We shall not be responsible or liable to you for any loss of content or material transmitted through the cosmosfb.com Facilities and you confirm that we will not be liable to you or any third party for any modification to, suspension of or discontinuance of the cosmosfb.com Facilities.
9.8. While every effort is made to ensure complete accuracy, we cannot accept liability for any errors or omissions relating to information displayed on the site. We reserve the right to make changes to correct any obvious errors.
9.9. We reserve the right to withdraw the cosmosfb.com Facilities or elements of it, including the Services at any time, and will not be liable to you as a result of any such action.
9.10. We will not be held responsible for any typing, technical, or human error in the operation of the cosmosfb.com Facilities. In the event of error, we reserve the right to correct the error.
9.11. We will under no circumstances be held liable for any damages or losses of an indirect nature that are deemed or alleged to have resulted from or been caused by the cosmosfb.com Facilities, or its content including, without limitation, delays or interruptions in operation or transmission, communication line failure any persons use or misuse of the Services or their content, any errors or omissions in content, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary or consequential loss.
9.12. We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
9.13. We will not be held liable for any loss or damage you may suffer due to, power cut, labour dispute, failure of telecommunication, internet services, delay or failure caused by third parties or an act of god. We reserve the right to suspend, cancel or terminate our services without incurring liability.
10. TERMINATION, ACCOUNT CLOSURE OR SERVICE SUSPENSION
10.1. If your Account is inactive for 6 months or longer, COSMOS reserve the right to cancel your Account. COSMOS may cancel your Account on giving to you 30 days' notice.
10.2. An inactive account is an account that has not been accessed for 12 months, that has a real money balance will regard as dormant account. A dormant account is an account that has not been accessed for 12 Months, that has a real money balance.
10.3. COSMOS shall use reasonable efforts to contact any player whose account is due to become inactive and provide warning of impending charges that may in incurred. If, after 12 months since last login, COSMOS is unable to contact you, COSMOS will be entitled to charge a £5.00 per month administrative fee on your account from the first day of the inactive status of a player until activity is resumed or contact is made. Once your account becomes dormant and COSMOS has still been unable to contact you, COSMOS, in accordance with the applicable law, shall close your account and withhold any remaining monies. Contact must be made with COSMOS to reclaim withheld monies.
11. LINKS TO EXTERNAL WEBSITES
11.1. The Website(s) may contain links to external websites outside the Website(s) which are not maintained by COSMOS. Links to external websites are provided for your convenience only, and COSMOS is not responsible for and does not undertake to ensure that contents of such links are accurate, current or maintained.
11.2. COSMOS, is not responsible nor liable, has not provided or reviewed, does not approve or endorse, and makes no representations or warranties in respect of the contents or the privacy practices of the external websites, any products or services which may be advertised, sold or otherwise made available on such external websites.
11.3. COSMOS shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use of any link to external websites provided on the Website(s).
11.4. Unless expressly provided COSMOS shall under no circumstances be considered to be associated or affiliated with any statement, opinion, trade or service marks, logos, insignias or other devices appearing on external websites, or any products or services which may be advertised, sold or otherwise made available on external websites, or with the operators or owners of external websites or any person who may be related to any external websites in any manner whatsoever.
12. LINKS TO THE WEBSITE(S)/FRAMING OF THE WEBSITE(S)
12.1. You may not link or create any deep or in-line links to any part of the Website(s), Services or frame the Information.
13. ADDING OR DISCONTINUING WEBSITE FUNCTION
13.1. We reserve the right to, without liability to any party, in our sole discretion and without notice to you, to add new functions to the Website(s) or to commence, cease, discontinue, restrict access to or modify any function at any time.
14. VIOLATIONS OF THESE TERMS AND CONDITIONS
14.1. COSMOS reserves the right to seek all remedies available at law and in equity in respect of any violation of these Terms and Conditions, including the right to deny or restrict access to the Services, Website(s) and Information to any particular person, or to block access from a particular Internet address or through any Device(s) to the Services, Website(s) and Information, at any time and at our sole and absolute discretion, without providing any reasons whatsoever.
15.1. In the event that there is any conflict between any other terms and conditions governing the use of and access to the Services, Software, Information and the Website(s) and these Terms and Conditions, unless expressly provided otherwise, these Terms and Conditions shall prevail.
16. FORCE MAJEURE
16.1. If COSMOS fails or is in delay with the performance of any obligation under these Terms and Conditions due to the occurrence of events of whatever nature which are beyond COSMOS's control, including, but not limited to: an Act of God, changes in applicable laws or regulations, action or inaction of governmental, civil or military authority, court orders, act of terrorism, lightning or fire, strike, lockout or other labour dispute, flood, draught, war, riot, theft, transmission or system failures, failure or interruption in the provision of telecommunications or broadband services, failure or shortage of power supplies or equipment, inclement weather, earthquake and natural disasters, such failure or delay does not constitute a breach of these Terms and Conditions. You agree to take all necessary action to minimise the consequences of any such cause.
17.1. Failure by COSMOS to enforce at any time any of the provisions hereof shall not be construed or deemed to be a waiver of COSMOS's rights hereunder or in any way affect the validity of the whole or any part of these Terms and Conditions, or prejudice COSMOS's rights to take further action.
18.1. In the event that any or any part of the terms, conditions and provisions shall be determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.
19. NO WARRANTY AND AVAILABILITY OF THE cosmosfb.COM FACILITIES
19.1. The Company will endeavour to provide the cosmosfb.com Facilities using its reasonable skill and care. Save where required by law, the Company makes no warranty or representation, whether express or implied, in relation to the cosmosfb.com Facilities.
19.2. Your access to the cosmosfb.com Facilities may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. In this event, the Company will attempt to restore the Services as soon as it reasonably can.
20. YOUR PERSONAL INFORMATION
20.1. The Company collects personal information (name, address, date of birth, telephone numbers, email etc) during the registration process. Your personal information is used only for the purposes of providing the services requested of us.
20.2. You agree to provide honest, accurate and factual information upon registration as outlined in condition 26.1.
20.3. You agree to inform us of any change in your personal information (married name, change of name by deed poll etc).
20.4. You authorise us, to use any means possible or necessary to verify your personal identity with third party information providers.
20.5. Personal information collected by the Company is stored in secure operating environments that are not accessible by the public.
20.6. The Company may periodically send account holders written communications via email or by post to announce important service changes, new features, technical issue updates and news about other cosmosfb.com service and any relevant promotions. We will not send you unsolicited information regarding any third party commercial offers or advertisement.
21.1. These Terms and Conditions are amended from time to time, representing the entire agreement between you and us in relation to your use of the cosmosfb.com Facilities. You confirm that, in agreeing to accept these Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Terms and Conditions. You agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Terms and Conditions save that your agreement shall not apply in respect of any fraudulent or negligent misrepresentation whether or not such term has become a term of these Terms and Conditions.
21.2. You may not transfer any of your rights under these Terms and Conditions to any other person. The Company may transfer its rights and obligations under these Terms and Conditions to a third party where your rights will not be affected.
21.3. Nothing in these Terms and Conditions shall be construed as creating any agency, partnership or any other form of joint enterprise between you and the Company.
21.5. 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.
21.6. These Terms and Conditions are effective from 1 April 2014 and all previous Terms and Conditions are cancelled.