PLEASE READ THIS AGREEMENT CAREFULLY – BY CREATING AN ACCOUNT WITH PUNTR YOU HEREBY AGREE TO THESE TERMS AND CONDITIONS.

IMPORTANT NOTICE:

  • BY AGREEING THESE TERMS AND CONDITIONS OF USE AND BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
  • IF YOU DO NOT AGREE TO THESE TERMS DO NOT CLICK ON THE “ACCEPT” BUTTON.

TERMS OF APPLICATION USE

These terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our application, Puntr (the “Application”), as a registered user. Use of our application includes accessing, browsing, or registering to use our application.

Please read these terms of use carefully before you start to use our application, as these will apply to your use of our application. We recommend that you print a copy of this for future reference.

By using our application, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our application.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our application. Our Privacy Policy [http://puntr.org/dev/privacy-policy/] which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our application, you consent to such processing and you warrant that all data provided by you is accurate.

[Oremely Road 86 SW12 9QG]

1. BACKGROUND

Puntr (the “Supplier”) is willing to provide Services to you (the “Customer”), if you accept the following terms and conditions, and any operating rules, policies and other supplemental documents published by the Supplier from time to time, all of which are incorporated herein by reference (collectively, “Terms and Conditions of Use” or “this Agreement“).

2. Changes to these terms

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

3. Changes to our application

3.1 We may update our application from time to time, and may change the content at any time. However, please note that any of the content on our application may be out of date at any given time, and we are under no obligation to update it.

3.2 We do not guarantee that our application, or any content on it, will be free from errors or omissions.

4. Accessing our application

4.1 Our application is made available free of charge.

4.2 We do not guarantee that our application, or any content on it, will always be available or be uninterrupted. Access to our application is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our application without notice. We will not be liable to you if for any reason our application is unavailable at any time or for any period.

4.3 You are responsible for making all arrangements necessary for you to have access to our application.

4.4 You are also responsible for ensuring that all persons who access our application through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

4.5 Our application is directed to users in the United Kingdom. However, we do not represent that content available on or through our application is appropriate or available in other locations. We may limit the availability of our application or any service or product described on our application to any person or geographic area at any time. If you choose to access our application from outside the United Kingdom, you do so at your own risk.

5. Your account and password

5.1 You have the option of either logging in via your Facebook account, you may create a Puntr account and password. Your Puntr account will also provide an account number as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

5.2 We have the right to disable any account, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

5.3 If you know or suspect that anyone other than you knows your account number or password, you must promptly notify us at [info@puntr.org].

6. Intellectual property rights

6.1 We are the owner or the licensee of all intellectual property rights in our application, and in the material published on it.

6.2 You may print off one copy, and may download extracts, of any page(s) from our application for your personal use.

6.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

6.4 If you print off, copy or download any part of our application in breach of these terms of use, your right to use our application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

7. No reliance on information

7.1 The content on our application is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our application.

7.2 Although we make reasonable efforts to update the information on our application, we make no representations, warranties or guarantees, whether express or implied, that the content on our application is accurate, complete or up-to-date.

8. Limitation of our liability

8.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

8.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our application or any content on it, whether express or implied.

8.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our application ; or
  • loss of data;
  • damage to any software;
  • use of or reliance on any content displayed on our application;
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

8.4 If you are a consumer user, please note that we only provide our application for domestic and private use. You agree not to use our application 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.

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

8.6 We assume no responsibility for the content of applications or websites linked on our application. Such links should not be interpreted as endorsement by us of those linked applications or websites. We will not be liable for any loss or damage that may arise from your use of them.

9. Viruses

9.1 We do not guarantee that our application will be secure or free from bugs or viruses.

9.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our application. You should use your own virus protection software.

9.3 You must not misuse our application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our application, the server on which our application is stored or any server, computer or database connected to our application. You must not attack our application via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our application will cease immediately.

10. Linking to our application

10.1 You may link to Puntr, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

10.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

10.3 You must not establish a link to our application in any application that is not owned by you.

10.4 Our application must not be framed on any other application, nor may you create a link to any part of our application other than the home page.

10.5 We reserve the right to withdraw linking permission without notice.

11. Information about our use of cookies

11.1 Our application uses cookies to distinguish you from other users of our application. This helps us to provide you with a good experience when you use our application and also allows us to improve our application. By continuing to use this application, you are agreeing to our use of cookies.

11.2 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer or device if you agree. Cookies contain information that is transferred to the hard drive of your computer or device.

11.3 Your use of our site means that you accept and agree to the terms of our cookies, which supplement our terms of website use.

    1. We use the following cookies:
  • Strictly necessary cookies. These are cookies that are required for the operation of our application. They include, for example, cookies that enable you to log into secure areas of our application or make use of e-commerce services.
  • Analytical/performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around our application when they are using it. This helps us to improve the way our application works, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies. These are used to recognise you when you return to our application. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • Targeting cookies. These cookies record your visit to our application and the links you have followed. We will use this information to make our application and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

11.5 You block cookies by activating the setting that allow you to refuse the setting of all or some cookies. However, if you use block all cookies (including essential cookies) you may not be able to access all or parts of our application.

12. Service

12.1 The Customer has the option to predict a series of game winners for each league (the “Prediction”)

12.2 Prior to the start of a game, the customer may make changes to his Predictions

12.3 On selecting a Prediction the Customer will have an option to view an advertisement from the application store.

12.4 The Customer is eligible to opt out and not watch the advertisement. However, in this instance the Customer will not be eligible to enter the free prize draw.

12.5 The league specific free prize draw (the “Prizepool”) will be payable on completion of the leagues fixture week. The prizepool will be shared between all players who selected a perfect prediction represented by a 100% pick ratio.

12.6 The league specific free prize draw (the “Jackpot”) will be payable on completion of all results in mentioned fixture week. The Jackpot is shared  between all players who achieved are awarded two Prizepools in the same fixture week.

12.7 Apple is not involved in any shape or form with Jackpot or Prizepool contest.

12.8 Users must be a  resident of the United Kingdom to be eligible for Prizepool or Jackpot.

 

 

13. Customer Licence restrictions

    1. Except as expressly set out in this Agreement or as permitted by any local law, you agree:

(a) not to copy the Application;

(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Application;

1. not to make alterations to, or modifications of, the whole or any part of the Application, or permit the Application or any part of it to be combined with, or become incorporated in, any other programs;

2. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Application or attempt to do any such thing to create any software that is similar to the Application;

3. not to provide or otherwise make available the Application in whole or in part (including object and source code), in any form to any person without prior written consent from the Supplier; and

4. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Application.

14. Charges and payment

4.1 Entry into the free prize draw is conditional on viewing the advertisement.

4.2 You will not gain entry to the free prize draw if you do not view the advertisement in its entirety.

4.3 You will gain one entry per week into the free prize draw. You will not gain an entry into the free prize draw each time you view the advertisement.

4.4 The Customer shall be require to verify their age and identity, in order to withdraw their winning from the Prize pool.

4.5 If there is more than one winner in any one week period, the Prize Pool will be divided between the winners.

15. Intellectual property rights

All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Supplier.

16. Limitation of liability

16.1 You acknowledge that the Application has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Application meet your requirements.

4.6 Nothing in the Agreement shall limit or exclude the Supplier’s liability for:

5.death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

6.fraud or fraudulent misrepresentation; or

7.breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.

7.1 Subject to clause 8.3, the Supplier shall not be liable to the Customer, whether in Agreement, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:

(a) loss of profits, sales, business or revenue;

(b) business interruption;

(c) loss of agreements or Agreements;

(d) loss of anticipated savings;

(e) loss of use or corruption of software, data or information;

(f) loss of business opportunity, damage to goodwill or reputation; or

(g) any indirect or consequential loss or damage.

17. Consequences of termination

17.1 On termination of the Agreement for any reason:

(a) the Customer shall cease to use the Application;

(b) the Customer shall cease to use the Supplier’s Intellectual Property;

(c) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and

8. clauses which expressly or by implication survive termination shall continue in full force and effect.

18. Third party links and resources in our application

18.1 Where our application contains links to other applications and resources provided by third parties, these links are provided for your information only.

    1. We have no control over the contents of those applications or resources.

19. Term and termination

Without affecting any other right or remedy available to us, we may withdraw service of this Application with immediate effect if you commit a material or persistent breach of any of the terms and conditions.

20. Third parties. No one other than a party to the Terms and Conditions shall have any right to enforce any of its terms.

21. Governing law. The Terms and Conditions, and any dispute or claim (including non-Contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

22. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-Contractual disputes or claims) arising out of or in connection with the Agreement or its subject matter or formation.