Last updated: 4 January 2019
These Rules, Terms and Conditions (the “Agreement”) apply to, and are binding upon you if you participate in games on the Website.
This Agreement replaces any pre-existing rules, terms and conditions that appeared on this Website. In this Agreement:
"Account" means a unique account on the Website that has been issued to you by us;
"Agreement" means these Rules, Terms and Conditions;
“Bonus Virtual Credits” means, free credits that are given as gifts or bonuses by us to the Player.
"Charge-back" means when you, or a credit card issuing bank, or any other third party payment solutions provider effects a reversal of charges in relation to your credit card or third party purchase transaction;
"Closed Player Account" means an Account that has been closed, deregistered or excluded by either us or you;
"Inactive Account" means a Player’s Account which has not recorded any login and/or logout for a period exceeding / consecutive months without the requirement of any financial transaction;
"Participate" means, without limitation, any of the conduct described in 4.1.1 to 4.1.7 below and visiting the Website and/or playing any games offered by the Website, and/or utilizing the Website and/or the Software in any manner whatsoever;
“Payment Service Provider” means a third party with whom we have an arrangement to process money transfers for the purposes of the purchase of Virtual Credits.
"Player" means any player who has registered an Account on the Website;
the "Service" means the availability to, and provision of Software that enables you to play at the Website using the Internet;
"Software" means any software owned by or licensed to us that must be downloaded in order for you to participate, and/or any web-based games versions of the software that do not need to be downloaded;
“Virtual Credits” means the virtual units purchased by a Player for the purposes of playing the games offered by the Website. These credits are non-refundable and non-transferrable for money or money’s worth, and are to be used solely for the purposes of utilizing the Website and its services.
"We/us/our" means Baloo Limited, Baloo Limited a company registered in Guernsey with registration number 65768 with registered office at Kingsway House, Havilland Street, Guernsey,St Peter Port, GY1 2QE which is the operator of the Website.
“Website” means this website and any derivative thereof.
"Your Jurisdiction" means the jurisdiction in which you are domiciled, reside or work.
1. YOUR PARTICIPATION AT THE WEBSITE
1.1.1 Participation is at your sole option, discretion and risk.
1.1.2 You may only participate if you are at least 18 years of age.
1.1.3 We do not warrant the legality of your participation on the Website in terms of the laws of Your Jurisdiction.
1.1.4 We reserve the right to verify all Account details provided and to request you to furnish us with proof of your identity and age as a condition precedent to us allowing you to utilize the Website.
1.1.5 You hereby authorize our designated agent’s in rem suam and us as and when we require, confirming your identity and your right to use the monies used to purchase Virtual Credits.
1.1.6 You may not open and maintain more than one Account at any point in time.
1.1.7 Virtual Credits are non-transferrable, and non-redeemable for cash, goods, prizes or other real services from us or anyone else. You undertake not to attempt to transfer, sell, trade, sublicense or gift any Virtual Credit registered in your favour in your Account to any third party. Any such attempt is a breach of this Agreement
1.1.8 You note that usage of the Website and its services is for entertainment purposes only, and no Virtual Credits obtained by you through your Participation on the Website will be paid out as cash or redeemable for any real world services or goods.
1.1.9 We have the right to verify your Account information at any time and suspend the Account pending adequate verification.
1.1.10 You agree to receive communications from us and our marketing agents.
1.1.11 You acknowledge that other than a limited, personal revocable license to use the Virtual Credits for the purposes of your Participation you do not have any right or title in the Virtual Credits and any references to “purchase”, “earn” or “own” is purely used figuratively and reflects the extent of the license granted to you pursuant to clause [1.5] below rather than any inherent stored value.
1.1.12 You further acknowledge that you are prohibited from using the Service in any way to create, receive or facilitate the transfer or receipt of any financial gain or other pecuniary advantage to you or any third party (whether or not acting on your behalf).
1.2 YOUR WARRANTIES
1.2.1 You warrant and represent, and we enter into this Agreement on the basis of such representations and warranties, all of which are material at the time of your entering into this Agreement and throughout the currency hereof, that you:
18.104.22.168 are legally able to utilize the Website and its services within Your Jurisdiction;
22.214.171.124 are 18 years of age or older;
126.96.36.199 shall not allow any third party (in particular, but without limitation, any minor/s) to, directly or indirectly, use your Account with us or utilize the Software;
188.8.131.52 have furnished us with personal details that are valid, accurate and complete in every respect and that you shall advise us immediately via email should such details change;
184.108.40.206 are the true and lawful owner of the monies with which you purchase Virtual Credits, and/or that you are duly and properly authorized to utilize such monies for the aforementioned purposes;
220.127.116.11 shall not utilize monies that are derived in any manner whatsoever from illegal activities to purchase Virtual Credits.
18.104.22.168 shall pay all monies owed to us and in respect of payment shall not charge-back, and/or deny or reverse or countermand any such payments; and
22.214.171.124 have read and understood this Agreement.
1.2.2 If you breach any of the warranties contained in clause 1.2.1 above, all transactions placed by you shall be null and void and you shall forfeit all Virtual Credits accrued to you because of such transactions and/or Participation.
1.2.3 For the avoidance of doubt, nothing in the foregoing, shall in any way entitle you to receive any refund with respect to Virtual Credits purchased now or in the past.
1.3 REFUSAL TO REGISTER, DEREGISTRATION, EXCLUSION & SUSPENSION
1.3.1 We may refuse to register you as a Player or elect to deregister and exclude you or suspend you as a Player from the Website at any time and for any reason whatsoever.
1.3.2 You acknowledge hereby that we are not obliged to give you prior notice of our decision to refuse, deregister, exclude, or suspend you, nor to furnish you with any reasons for such decision.
1.4 CONSEQUENCES OF DEREGISTRATION, EXCLUSION OR SUSPENSION
1.4.1 If we deregister or exclude you or suspend your Account we shall have the right to:
126.96.36.199 forfeit accrued Virtual Credits
188.8.131.52 exclude you from all or any other websites of the corporate group to which we belong; and/or
184.108.40.206 solely determine what criteria you shall have to meet in order to establish a new Account; and/or
220.127.116.11 in the case of fraudulent, illegal or similar misconduct by you or failure by you to pay any sums due to us:
18.104.22.168.1 furnish any relevant information about you to an intra-group database recording such mischief and, if necessary, hand over your Account details to a collections agency for the recovery of any sums that you owe us. You hereby irrevocably authorize us to do so in our absolute discretion, and/or
22.214.171.124.2 have forfeited to us any Virtual Credits that may be derived by you from fraudulent, illegal or similar misconduct.
1.5 BONUS VIRTUAL CREDITS
1.5.1 Any Bonus Virtual Credits and gifts gifted to you by us will expire if the bonus terms are not adhered to.
1.5.2 The expiry period will be stipulated at the time that the bonus Virtual Credits are offered to the Player, and by accepting the Bonus Virtual Credits the Player shall be deemed to have accepted such stipulations.
1.5.3 Where no expiry period is stipulated for Bonus Virtual Credits, then the default period of 30 days shall apply. This requirement may be waived at our discretion.
1.6 YOUR CONSENT
You hereby consent to the collection and recording of all internet communications, details of transactions you carry through the Website and details of your visits to the Website.
2. THE SERVICE
2.1 The Service and the Software are provided "as is". We make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the Service or the Software.
2.2 We shall not be liable for computer or software malfunctions, failure of telecommunications service or Internet connections nor attempts by you to participate in games by methods, means or ways not intended by us. You are solely responsible for any telecommunications devices and services utilized by you to participate.
2.3 We cannot guarantee that the Service will never be faulty but we will correct reported faults as soon as we reasonably can. If a fault occurs, you should report the fault by email to Us.
2.4 Although we shall take all reasonable measures to ensure that the Software and files are free from computer viruses we cannot and do not guarantee that the Software and files are free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data or programs lost due to a virus.
2.5 We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but shall not be obliged to, give you as much notice as is reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably practicable, after temporary suspension.
2.6 In the event of a system malfunction, all plays are void.
2.7 In accordance with clause 4.2 below, we will not be liable to you for any loss that you may incur because of such suspension or delay.
3. SHARED ENVIRONMENTS
We may impose any limits or conditions that we, in our sole discretion, deem fit on any persons who open or attempt to open Accounts through our Website where such Accounts originate from environments where computers are, or the environment is shared.
4. INDEMNITY & LIMITATION OF LIABILITY
4.1. You indemnify and hold us harmless together with our directors, officers, employees, shareholders, and agents, our ultimate parent and parent companies and any of our subsidiaries against any and all costs, expenses, liabilities and damages (whether direct, indirect, special, consequential, exemplary or punitive or other) arising from any Participation by you on the Website. The nature of your Participation shall include, but not be limited to, inter alia:
4.1.1. visiting, use or re-use of this Website;
4.1.2. use or re-use of any materials at, or obtained from, this Website or any other source whatsoever;
4.1.3. entry, use or re-use of the Website server;
4.1.4. facilitating or making a purchase into your Account held with Us;
4.1.6. acceptance and use of any Virtual Credits from the Website;
4.1.7. use or re-use of the Website and its services, by any means or through any other medium.
4.2. In no circumstances whatsoever shall the Website, its directors, officers, employees, shareholders, and agents, the ultimate parent and parent companies of the Website and any of its subsidiaries be liable to you in contract, tort, negligence or otherwise, for any loss or damage howsoever arising from any cause whatsoever, whether direct or indirect, or for any amounts whatsoever (even where we have been notified by you of the possibility of such loss or damage).
4.3 The Website, its directors, officers, employees and shareholders shall not be liable for any acts, omissions of, or advertisements published by third party advertisers and marketers.
5. RULES OF PLAY
5.1. In addition to this Agreement certain Rules of Play and FAQ’s shall apply to you and be binding upon you in respect of your participation on the Website.
5.2. You hereby agree to be bound by the aforementioned Rules of Play and FAQ’s which are incorporated into this Agreement by reference.
6. INTELLECTUAL PROPERTY
6.1. We hereby grant you a revocable, non-exclusive, non-transferable right to use the Website and its services and all content derived from the Website and its services, including copyright and all intellectual property rights therein, in connection with the Service in accordance with this Agreement.
6.2. We hereby grant you a revocable, non-exclusive, non-transferable right to use the Software to the extent required for your use of the Services.
6.3 By “purchasing” Virtual Credits, for valuable consideration, you purchase a limited, personal, non-transferable license to use Virtual Credits which is a non-refundable service provided by us. You shall be responsible for any taxes, charges or levies imposed in Your Jurisdiction in connection with your purchase or use of Virtual Credits or your participation on the Website, and you may be charged for or on account of any value added taxes, goods and services taxes or other similar taxes which may apply to the foregoing.
6.4 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Services, Software and Website and its services shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by our licensors or us.
6.5. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of such material and content is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with, or create derivative works of such material and content.
6.6 You are permitted to install and use the Software and all content derived from the Software in connection with the use of the Website in accordance with this Agreement. The Software allows You to use the Services. You may install the Software on a hard disk or other storage device and may make backup copies of the Software, provided that such backup copies are used only by You in connection with the Services through a computer of which You are the principal user. The Software's code, structure and organization are protected by intellectual property rights. You must not:
copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code, or otherwise
sell, assign, sublicense, transfer, distribute or lease the Software
make the Software available to any third party through a computer network or otherwise
export the Software to any country (whether by physical or electronic means)
use the Software in a manner prohibited by applicable laws or regulations
You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission of any non-permitted uses of the Software.
7.1.1. We may, without notice to you, amend, alter, delete, interlineate or add to ("Changes") this Agreement and/or Rules of Play at any time whatsoever.
7.1.2. These Changes shall become effective, and you shall be bound by these Changes, immediately upon their posting on the Website.
7.1.3. You agree to regularly review this Agreement and/or the Rules of Play regularly in order to assess whether any changes have been made.
If any part of this Agreement is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of the remaining provisions of this Agreement. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with applicable law to reflect, as closely as possible, our original intent.
No indulgence granted by Us to You should be construed as a waiver of any of our rights in terms of this Agreement.
7.4 Third Parties
Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights on any persons not party to this Agreement.
We reserve the right to transfer, assign, sub-license or pledge, in whole or in part, any of the rights and obligations granted to or imposed upon us by this Agreement. You may not transfer, assign, sub-license or pledge any of the rights and obligations granted to or imposed upon you by this Agreement.
7.6 Whole Agreement
Unless the context otherwise indicates, this Agreement sets out the entire agreement between us and supersedes all prior oral or written agreements, arrangements or understandings between us. You acknowledge that you are not relying on any representation, agreement, term or condition that is not set out in this Agreement.
In this Agreement, the headings are used for convenience only and shall not affect its interpretation. References to persons shall include incorporated and unincorporated persons; references to the singular include the plural and vice versa; and references to the masculine include the feminine.
7.8 Applicable Law & Jurisdiction
The validity, construction and performance of this Agreement shall be governed by English Law and shall be subject to the non-exclusive jurisdiction of the English courts to which the parties hereby submit, except that a Party may seek an interim injunction in any court of competent jurisdiction.
7.9 Limitation of Actions
You hereby agree that any legal proceedings to enforce any claim that you may have (if any) against Us shall be initiated by you within a period of 6 (six) months of the cause of action arising (the "Prescription Period"); failing which you hereby forever waive and abandon any right that you may have to enforce such claim after the Prescription Period and confirm that on the expiry of the Prescription Period the said claim shall be void, waived and abandoned in law.
Any customer who has any concerns or questions regarding the Website should contact Us via email.
This Agreement is personal to you, and is not assignable, transferable or sub licensable by you except with our prior written consent. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder to any third party without notice to you.
7.12 Business Transfers
In the event of a change of control, merger, acquisition, or sale of assets of Baloo Limited, your Account and associated data may be part of the assets transferred to the purchaser or acquiring party. In such an event, we will provide you with notice via email or notice on our web site explaining your options concerning the transfer of your Account.
We reserves the right to ask You for verification documents upon registration and / or prior to processing financial transaction. This includes, but is not limited to:
•Proof of income (if applicable)
•Copy of photographic identification documents, such as a Passport or Drivers License
•Documents confirming residence such as a bank statement or utility bill no older than 3 months. (Reflecting your registered address and name)
Please note: If using a credit or debit card, the Cardholder's name MUST be the same as the name used when registering with the site. Where this is not the case the account may be suspended. Where an account is suspended, You should contact Player Services for details of our verification process.
Please be advised that in using this Website and the Services, you agree to be bound by this Agreement. Further to this, please be advised of the following:
Our games are played on the Internet, which reaches virtually every country in the world. The Website and its services are available only to persons older than 18 years of age. Minors may not, under any circumstances, play on our Website. All play by any ineligible person will be voided. We reserve the right to request proof of age at any stage in order to enforce the prohibition of play by minors.
Our employees, subsidiaries, advertising or other agencies, licensees, licensors, distributors and any other associated or affiliated companies are not eligible to play on the Website. The same shall apply to the immediate families of any such persons.
Participation on the Website is at the sole option, discretion and risk of the Player.
10. COPYRIGHT, TRADEMARK AND URL NOTICE
COPYRIGHT © 1998 - 2017 BY BALOO LIMITED ALL RIGHTS RESERVED. Any and all content included on this website or incorporated by reference, is the exclusive property of Baloo Ltd and/or its content providers and is protected by international copyright laws.
Without derogating from the above, Baloo Ltd authorizes you to view, copy, download to a local drive, print and distribute the content of this website, or parts thereof, provided that:
Such content is used:
for purposes of playing at the Website and/or
for information purposes only;
You first acquire the express written consent of Baloo Ltd before incorporating any of the material from this website in any other work, publication or website of your own or belonging to another;
Any reproduction of material from this website or portion thereof must include this notice in its entirety. Any unauthorized copying or use of the content on this website, whether in whole or in part, is an act of copyright infringement and makes the DOER liable to prosecution.