TERMS AND CONDITIONS OF USE (“TERMS”) – BIIM APPLICATION

 

 

1 Introduction. 

 

1.1 These Terms set out your rights and obligations and those of Biim Limited, a company registered in England and Wales with registration number 09609820 and its registered office at 2 Eastbourne Terrace, Paddington, London W2 6LG (“Biim”) in relation to your use of the mobile application entitled ‘Krok’ (the “Application”). 

 

1.2 Biim is also referred to in these Terms as "we", "us" and “our”, in relation to the Application, these Terms and the services provided by us through the Application (the “Services”). By accessing and using the Application and/or registering as a player of the Krok game made available through the Application (the “Game”) as a “Member”, you agree to these Terms. If you are not a Member you similarly confirm that you are bound by these Terms each time you access the Game. You may access these Terms at any time by using the link to these Terms where indicated in the mobile application. We may revise these Terms at any time in accordance with Clause 22 below and your continued use of the Game or your money account (if applicable) with Biim (an “Account”) shall be deemed irrevocable acceptance of those revisions. YOU MAY NOT PLAY THE GAMES FOR MONEY UNLESS YOU ARE AT LEAST 18 YEARS OF AGE.

 

2 The Services

 

2.1 The Services we provide through the Application provide Members with the ability to play the Game and to participate in Duels (as defined below) with other Members. Please note that the Game is a game of chance and skill.  You should familiarise yourself with the rules of the Game, by reading the rules and instructions before you play.

 

2.2 We are not an internet service provider. To play the Game, you:

(a)    must have internet access and the skills required for web usage; and

(b)    must have a mobile handset, computer or other device (a “Device”) that is suitable for playing the Games. 

You will be responsible for the data charges that your mobile operator may charge you for playing the Game, whether via a wireless network connection or otherwise. You should ask your mobile operator if you are unsure what these charges will be before you play.

2.3 The Game will function best if your Device meets the technical requirements described in the technical section of our FAQ’s accessible via the Application (our “FAQs”). It is your sole responsibility to confirm the technical compatibility between your Device and the Game.

 

3 Registration and Membership. 

 

3.1 You do not have to be over 18 years old to register with us to play the Game without playing for money and will be entitled to play the Game against automated opponents, but not for money. However, to become a Member that can play the Game for money, you must be at least 18 years old,  registered for real money game play and establish an Account with us. By registering and establishing an Account with us you expressly confirm that when playing any of the Game for money that:

 

(a) you are at least 18 years of age;

 

(b) you are able to enter into a legally binding agreement with us;

 

(c) you will not use the Game while you are located in a country, state or jurisdiction that does not allow you to play the Game (if you are not sure, you should check before you play the Game for money);

 

(d) you are not a licensed bookmaker or a bookmaker’s agent, employee of ours or any associated company of ours and that you do not conduct a business of negotiating or receiving bets;

 

(e) you are not depositing money that does not belong to you, which has been gained from criminal or other illegal activity or with a credit, debit or charge card that does not belong to you;

 

(f) you are not bankrupt;

 

(g) you understand that by using the Services you may lose money that you may pay to play a Game (including any Stake (as defined below)) and accept that you are fully responsible for any such loss; 

 

(h) you are not classified as a problem gambler or compulsive gambler, and have not previously self-excluded from use of the Application and/or any other gambling website; and

 

(i) you will not use the Application for any purpose that is unlawful or prohibited by these Terms.

 

3.2 It is your responsibility to ensure that national, state or other laws to which you are subject to do not adversely affect your right to participate in or play the Game.

 

 

3.3 BiiM might  ask you for a proof of Identity (ID, Passport, Driving Licence) at any time after you have pass the Identity Check process.

 

3.4 If you decide to become a Member, or to enter a Duel, the Game will be made immediately available for your use. As a result you will not have the right to cancel these Terms or to any refund of monies you pay once you have started to play the Game and the applicability and enforceability of these terms and conditions shall not be affected by any “cooling-off” period once you have played the Game.

 

3.5 You undertake to register as a Member using accurate and current information about yourself including your age, full name and surname, place of residence and a valid email address. You agree to only register one Account with us. You understand and agree that if you provide inaccurate information to us we will close any Account that you may have with us and in such circumstances, we will have no liability to you whatsoever. If you are asked for and provide details of a credit, debit or charge card, PayPal account or short message service (“SMS”), you must ensure that (a) you are fully entitled to use that form of payment, and (b) have available funds sufficient to cover the charges that you make.

 

3.6 You will not allow anyone else to use your login details or give them to anyone else. If you do, you accept full responsibility for the consequences of this and agree to fully indemnify and hold us harmless from any damage or harm that may result.

 

3.7 All deposits that you make with us from time to time, any winnings due to you from us and any other sums due from us to you (including any loyalty bonuses or similar bonuses payable by us to you) shall be kept separate and distinct from our funds in a ringfenced trust account. We shall confirm the arrangements under which we hold money for you on each occasion you deposit money with us. 

 

3.8 You acknowledge and agree that your Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any deposit or banking or other insurance system of any jurisdiction. Any monies deposited with us will not receive any interest.

 

3.9 In accordance with the Gambling Act 2005, Biim offers the basic level of protection in respect of funds whereby customer funds are kept in accounts separate from business accounts but they may form part of Biim’s assets in the event of insolvency.

 

 

3.10 If no transaction has been recorded on your Account for twelve months, we will pay the balance in your Account to you, less any applicable fees due under these Terms. If we are unable to locate you we reserve the right to donate such funds to a registered charity of our choice or as set out in clause 12. Our employees, investors and subsidiary companies are allowed to take part in tournaments for the purpose of testing the user experience, but may not withdraw money or prizes for themselves.

 

4 Winners, Prizes and Payments. 

 

4.1 A player who wishes to play the Game must follow the instructions on the Application to advertise his willingness to play and the stake he is willing to play for (the “Stake”). 

 

4.2 If you agree to play the Game against another member for Money by following the instructions on the Application (a “Duel”), you will be deemed to have simultaneously and irrevocably authorised Biim to:

 

(a) deduct the sum of the relevant Stake from your Account. The Stake will be displayed before the commencement of a Duel and your agreement to take part in it; 

 

(b) deduct its commission (payable pursuant to clause 11.1 of the Terms) from any Stake paid over to you on your winning the Game. The applicable commission will be notified to you on the Application prior to the commencement of any Duel; 

 

(c) pay the losing player’s Stake (less any applicable commission) to the winning player and credit such sum to the winning player’s Account. 

 

4.3 Upon the commencement of a Duel, the sum of the agreed Stake is deducted from each playing Member's Account. If sufficient funds are not available from the Account of a Member wishing to play a Duel, then the Member cannot take part in the particular Duel and will be restricted from playing in the Duel by the Application. 

 

4.4 Biim reserves the right to limit the sum of the Stake applicable to each Duel, either on an individual basis or for all Members. The Player status and Money section of our FAQs provide further information about how you can participate in Duels as a practice player and a cash player. They form part of these Terms so you should take the time to read and understand them.

 

4.5 No fees are applicable when you follow the instructions on the Application to play the Game for fun and you will not be required to agree a Stake when you play the Game for fun. 

 

4.6 Any Stake won by a playing Member will be deposited directly into a winning Member's Account (less any applicable payable under these Terms) and will usually be available within thirty (30) minutes of a Duel's conclusion. 

 

4.7 Any stake, credit or monies paid in by any playing Member under the age of 18 will be returned to the Member less any prizes or winnings which are attributed to the Member

 

4.8 BiiM reserves the right to match a player with a random Bot in case of no match with a human player. The Bots playing choices are 100% random so that the odds to win or lose against it are the same as against a human player.

 

 

4.9 The rules of the Game are clearly set out in the Application. Any questions or comments regarding this information should be sent to our customer support team at the following email address: hello@biim.com. 

 

4.10 Any amounts that are mistakenly credited as winnings to your Account remain our property and will automatically be transferred from your Account upon the error being noticed. Any winnings mistakenly credited to your Account yet withdrawn by you will constitute a debt owed by you to us in the amount of such wrongfully attributed winnings.

 

4.11 Any bonuses that we may give you are not transferable and can only be used by you. Any “guest registration” or “fun money” play that we may provide does not contribute towards any bonus offers that we may offer. Any bonus offers that we may provide remain valid for as long as they are posted on the Application unless otherwise stated by us.

 

4.12 On registration and at other times when you make a deposit, we may reward your Account with additional bonus funds and/or credits (“Bonus Funds”). Bonus Funds can be used to play the Game but cannot be withdrawn. You will also be unable to withdraw any Bonus Funds (or winnings achieved by playing using Bonus Funds) from your Account until you have placed as Stakes at least four times the amount that you received in Bonus Funds in playing the Game. We do this to prevent deposits being withdrawn and the Game being played using only Bonus Funds which we don’t think would be fair. Any amounts paid by us to you may only be paid into a Paypal account that is registered in your name.

 

4.13 When you request your first withdrawal from your Account, we may ask you for (a) proof of your identity and (b) your email address. If you are unable to provide this to us, to our reasonable satisfaction we may be unable to pay your requested withdrawal to you. We reserve the right to request this information for subsequent withdrawals too.

 

 

4.14 Funds may be withdrawn from your Account provided that:

 

4.14.1 all payments made into your Account have been confirmed as cleared and have not been charged-back, reversed or otherwise cancelled;

4.14.2 any identity checks we are required to conduct pursuant to applicable anti-money laundering regulations and rules or other obligations are clear. To this end we reserve the right to seek such other information as we might require in order to confirm your identity and compliance with these Terms of Use and any other applicable rules, laws or regulations. Please also note that additional verifications may be required in connection with certain services (e.g. the Facebook Social App) which may cause an additional delay when withdrawing funds; and

4.14.3 you have complied with the rest of these Terms of Use.

4.14.4 We do not charge you for deposits or withdrawals although you should check with your bank and/or other payment service provider as to whether they will levy any such charges.

4.14.5 Please note that you will not be able to make withdrawals in the countries and area where Biim does not provide their services. 

4.14.6 Please note that you (and not Biim) are responsible for reporting or declaring any funds withdrawn, including any winnings, if such reporting is required by local law, tax or other authorities.

4.14.7 Any changes to your personal/card details must be advised to us as soon as is possible, as failure to do so may result in your deposit or Bets being declined by your bank.

4.14.8 As well as informing your bank, please inform us as soon as is possible should your bank card be lost or stolen.

4.14.9 If you or your bank advises us that your card has been lost or stolen, no further Bets will be accepted on your Account until you contact us with further instructions.

4.14.10 While we shall take all reasonable steps to avoid mistakes, outside of where we are negligent, Biim cannot accept any responsibility or liability for any errors or omissions in respect of withdrawal of funds or lodgements to Accounts. Should funds be debited or credited incorrectly, it is the customer’s responsibility to notify Biim without delay, and we shall endeavour to rectify such error.

4.14.11 Biim may use your payment instrument details to verify your identity as required pursuant to applicable anti-money laundering rules and regulations and/or other obligations, policies or procedures. Funds deposited directly to your Account from debit or credit cards will be credited to your Biim Account as soon as is possible on receipt of an authorisation from your bank. It is your obligation to ensure that you keep these funds in your debit or credit card account until your bank deducts them.

 

 

4.15 We reserve the right to withdraw any promotional offers we make to you at any time. Any promotional offer that we make is subject to change by us at any time. Any additional terms and conditions that apply to a promotional offer will be displayed beneath it. By accepting a promotional offer and/or making use of a promotional offer, you are confirming that you agree to its terms and conditions.

 

4.16 If you provide materially misleading, inaccurate or incomplete information in your Account, we will be entitled to terminate your Account and you shall forfeit any prizes you may have won as well as exercise any legal remedies we may have as a result of such conduct.

 

5 Jackpot.

 

5.1 Terms and Conditions in relation to Jackpot Tickets (“TrT(s)”). 

 

5.2 Definition: A Jackpot ticket is a reward granted to players who have played the “Hat Trick” mode. A ticket gives the right to automatically participate into a random lottery selection giving the possibility to win a certain amount that is appearing on the homescreen of the Application.

 

5.3 A Jackpot Ticket may be granted by the Company to a player as a type of a bonus

.

5.4 A Jackpot Ticket is a ticket to participate in a jackpot organized by the Company.

 

5.5 Up to the point at which the jackpot is set we may at any time change the jackpot for which a Jackpot Ticket may be used. 

 

5.6 A Jackpot Ticket is worth a fixed value and may only be used for the Jackpot. For the avoidance of doubt, Jackpot Tickets may not be used as a buy-in for a game where the buy-in is less than the value of a Tournament Ticket.

 

5.7 Jackpot Tickets may not be: (i) exchanged or converted into cash; (ii) combined to create a higher value ticket; or (iii) transferred by a player to another player.

 

5.8 Each Jackpot Ticket is granted automatically to participate to the next Jackpot. They cannot be used for a further Jackpot. 

 

 

 

6 Accounts.

 

6.1 On registering as a Member and opening an Account, a Member shall be provided with the facility of making deposits to his or her accounts by following the instructions on the Application. 

 

6.2 Any sum deposited with us via the Application must be deposited in pounds sterling. 

 

6.3 When you deposit funds into your Account, the amount credited might be worth less than the amount that you paid. This is because you might be charged a small transaction cost for making a deposit. In that case, the amount charged will be stated before you make payment. 

 

6.4 Deposited funds can be used solely to play the Game and to pay fees due to Biim and may only be withdrawn in accordance with clauses 4.10 to 4.12. Any withdrawal shall be subject to the withdrawal fee set out in clause 11.1(b). 

 

6.5 A person may open only one Account, and the Account must be funded only by that person. We reserve the right to assess compliance with this requirement by checking for unique email addresses, real world addresses, credit card number and/or any other payment forms used to establish an Account.

 

6.6 If any Member is discovered to have more than one Account, we reserve the right to close the relevant Account and consolidate all or part of the funds in any additional Accounts into the original, legitimate Account. The maximum amount transferred, if any, will not exceed the total amount of deposits, less any withdrawal requests that have been paid on the additional Accounts. All winnings previously credited to an additional Account (which shall be identified at our sole discretion) will be forfeited. Furthermore, we have the right to deduct the reasonable transactions costs of doing this from the amounts being transferred to the original Account.

 

6.7 If a Member continues to try and operate more than one Account, we may, at our sole discretion, terminate all the relevant Member’s Accounts and ban him from playing the Game. 

 

6.8 We will not be liable to you for any loss that you may incur as a result of an unauthorised person accessing your Account and we accept no liability resulting from its unauthorised use, whether fraudulent or otherwise. As is usual, it is for you to ensure that your Account password is kept completely secret. By opening an Account, you agree to allow us access to your Account to investigate complaints and/or other allegations of abuse.

 

6.9 At the termination of an Account, a sum equal to the remaining amount of funds that may be withdrawn in the Account will be returned to you once you have (a) proved your identity and (b) confirmed your email address to us, to our reasonable satisfaction. Deposits of funds made in the Account, less any withdrawals that have been made on the Account, will only be credited to an account that is registered in your name.

 

6.10 Where we have a serious and reasonable suspicion of fraudulent activity on an Account, we reserve the right to withhold the payment of withdrawable funds to a Member until the end of the charge-back period which applies to the payment method used to pay in the relevant funds.

 

7 Legality.

 

7.1 We may monitor the location from which you appear to access the Game and, may use techniques which are intended to block access from any location in which participation in the Game may be illegal or restricted as we may determine in our sole and absolute discretion from time to time. Accordingly, we may require you to provide proof that you are eligible to participate and if we determine in our sole and absolute discretion that you are not eligible, we may refuse to permit you to play, or access any winnings you have achieved playing the Game. 

 

7.2 You must comply with the laws which apply to you in the location you access the Game from. If any laws applicable to you restrict or prohibit your participation in the Game, then you must comply with those legal restrictions.

 

8 Operation of Games and Abuse. 

 

8.1 We have the right to withdraw or modify the Game or aspects of the Game where we have legal or technical reasons to do so, including (a) privacy, data protection or other legal objections to the content or conduct of the Game, and (b) technical difficulties experienced by us or on the Internet. There may also be times when the Game become unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information which facilitates access to the Game.

 

8.2 Members may not use unfair methods to play the Game. Such methods may include, but are not limited to, multiple online or mobile Accounts (see Clause 6 above), the use of program codes or commands or any adapted hardware or software to assist play or the impersonation of another Member. Further, Members must not do anything that may cause a disruption or malfunction of the Game.

 

9 Suspension and Termination for Breach. 

 

We reserve the right to:

 

(a) to suspend or terminate any Member’s access to the Game, or any part of it; and 

 

(b) to retain all winnings held in a Member’s Account

if the relevant Member is or appears to us to be in breach of any provision of these Terms. Forfeiture of winnings applies strictly where Clauses 6 or 8 are breached; see Clause 12 for how forfeited winnings are dealt with. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Games without our prior written consent. You are responsible for everything that is done on or through your Account while you are logged in.

10 Relevance. 

 

The Game is intended to be used by Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:

 

(a) use the Games for any other purpose; 

 

(b) use, the Games for any business, advertising or commercial purpose; or

 

(c) use their access to the Games, or information gathered from it, for the sending of unsolicited bulk email (also known as “spam”) or any illegal.

 

11 Fees. 

 

11.1 Our standard fees for all real money Duels are as follows:

 

(a) Playing fee: We will charge a commission of 1/11th (about 9.09%) of each playing Member’s betting amount in a Duel.

 

(b) Withdrawal Fee: Each withdrawal from your Account might incur a processing fee of up to £2 per request. If an Account balance (excluding any non-withdrawable funds) is lower than the withdrawal processing fee or the minimum withdrawal amount, the withdrawal request will not be completed.

 

 

11.2 We may add new or ancillary services from time to time which require the payment of fees either to us or a nominated third party on terms which will be provided to you at the time.

 

12 Unallocated Member Funds.

 

From time to time, we will hold funds which are not allocated to Members. This may occur for a number of reasons including where a Member’s winnings are forfeited, or if we are unable to place funds in an Account because it has already been closed by a Member. You agree that we may use these funds for a variety of purposes including donations to registered charities, developing and improving the Game and the Services or anything else that we believe appropriate.

 

13 Prohibitions. 

 

13.1 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Game. We do not control Content posted on our website in relation to the Game by third parties, and as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by playing the Game, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content including, but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available in relation to the Game.

 

13.2 You agree not to:

 

(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

 

(b) use the Game to harm minors in any way;

 

(c) use the Game to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

 

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Game;

 

 (e) remove any proprietary notices from the Services or in relation to the Game;

 

(f) cause, permit or authorise the modification, creation of derivative work, or translation of the Game without our prior express written permission;

 

(g) use the Game for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted in these Terms;

 

(h) use the Games for fraudulent or abusive purposes;

 

(i) attempt to decompile, reverse engineer, disassemble or hack the Game, or to defeat or overcome any encryption technology or security measures implemented by us with respect to the Game and/or data transmitted, processed or stored by us;

 

(j) harvest or collect any information about or regarding other Members or Members’ Accounts, including, but not limited to any personal information;

 

(k) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

 

(l) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;

 

(m) upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes”, or any other form of solicitation;

 

(n) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

 

(o) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Game are able to type, or otherwise act in a manner that negatively affects other users' ability to compete in Game or engage in real time exchanges;

 

(p) interfere with or disrupt the Game or servers or networks connected to the Game, or disobey any requirements, procedures, policies or regulations of networks connected to the Game;

 

(q) use the Game to intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law; and/or

 

(r) use the Game to "stalk" or otherwise harass another.

 

14 Alerting us and Complaints. 

 

14.1 If you see anything relating to the Games which appears to infringe these Terms, then please contact us to inform us of it by using the "Report Abuse" function, or by contacting us via email at hello@biim.com.

 

14.2 If you wish to lodge a complaint, you should contact our customer services team via email at hello@biim.com. We will  try our best to reach an amicable settlement as quickly as possible. 

 

14.3 In the event that a complaint is not resolved to your satisfaction by us, the complaint becomes a dispute, and you may refer their dispute to the independent third party dispute resolution. We use as alternative dispute resolution IBAS. Disputes may be filled under www.IBAS.uk.com.

 

14.4 The complaint must contain clear and unequivocal information about your identity, and shall give all the relevant details that gave rise to the complaint. We will immediately look into any complaint made to us or to IBAS.

 

14.5 Any legal claim or dispute arising under or in connection with these Terms shall be settled in accordance with the laws of England and Wales.

 

14.6 We shall inform our regulators of the outcome of any dispute. If a dispute should occur we will provide you with details of records we hold of the transactions entered into by you with us, together with details of all Duels. 

 

15 Withdrawal of material. 

We will remove any material on the Application which we determine in our sole discretion is capable of breaching any part of these Terms or which may bring the Game into disrepute. However, each user acknowledges that we do not actively monitor material which is contributed by Members on the Application, and we make no undertaking to do so.

16 Disclaimer and Release. 

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW IN NO EVENT SHALL WE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER OR OTHER DEVICE FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE GAME, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE GAMES AND THE SERVICES.

17 Intellectual Property. 

 

17.1 You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Game, other than material which is contributed by Members, are owned by us. It can be easy to copy material that appears on websites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Game, or any of the material which is found on the Application, unless properly licensed to do so by (a) us and (b) where material contributed by one or more Members is concerned, by the Member(s) in question.

 

17.2 Our game, and the information which it contains, is the property of BiiM Limited and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United Kingdom copyright law, trademark law, international conventions and other intellectual property laws. BiiM Limited is a registered trademark in the United Kingdom. All KroK product names and logos are trademarks or registered trademarks of BiiM Limited. 

 

17.3 By submitting any material to the Application, you represent that you are fully entitled to do so and you;

 

(a) grant us a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material solely in the course of its processing and display on and through the Services in accordance with these Terms; and

 

(b) authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

 

17.4 We grant you a limited licence to access and use the Application for the purposes of playing the Game subject to these Terms. However, this licence does not allow you to make any commercial use or and derivative use of the Games (including any of its individual elements or content) and may be terminated with immediate effect by us on our notifying you.

 

18 Maximum liability. 

To the fullest extent permitted under law, during any period of twelve months, our aggregate liability under these Terms (whether arising in negligence, breach of contract or otherwise) will not under any circumstances exceed the greater of (a) £5, or (b) an amount equal to the sums you have paid into your Account during the relevant period of twelve months, regardless of the cause or form of action.

19 Non-excluded Liabilities and Indemnity. 

 

19.1 Nothing in these Terms limits our liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

 

19.2 Subject always to clause 16, If:

 

(a) there is a technical failure of the Game which causes, as a result, a Duel to be uncompleted; and

 

(b) it is determined by us with certainty that the responsibility for the failure lies completely within our control, 

then, after examining the cause of the malfunction, we will refund to your Account an amount up to the equivalent of the Stake deducted from your Account in relation to your participation in the relevant Duel. We do not have any liability to pay winnings which may potentially have been won in an uncompleted Duel.

19.3 You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these Terms by you or through any Device that you use to access the Games.

 

20 Responsible Gambling

As a responsible operator, we recognise that gambling can become a problem for some users. Consequently, we provide users with the facility to exclude themselves from using the Application and our Services, or to set financial limits in relation to their gambling.

20.1 Self-exclusion

 

(a) You can instruct us to exclude you from playing the Game for money, taking part in Duels and depositing Stakes (“Money Play”) for a specific period of time (from a minimum of 6 months to a maximum of 5 years) by contacting our customer services team. By asking us to exclude you from Money Play, you acknowledge and agree that you will be restricted from carrying on these activities for the period requested, starting as soon as possible after receipt of your request (and, in any event, no later than the next time you try and log in). 

 

(b) During the period of self-exclusion, you will not be able to take part in Money Play. On your request, we will return any cleared balances to you, including returns from outstanding bets on events which occur after the start of your period of self-exclusion. If you wish to reactivate your ability to engage in Money Play after the period of self-exclusion has expired, you may only do so via email to hello@biim.com and requesting that the self-exclusion be lifted. Any request to lift the self-exclusion after the specified period has expired will be subject to a 24 hour “cooling off” period, after which your ability to take part in Money Play will be re-activated.

 

(c) After your self-exclusion has been implemented, we will take all reasonable steps to stop sending marketing materials to you. Please note that this relates only to marketing materials sent by us. There may be a short delay between your self-exclusion being implemented and marketing materials being stopped.

 

(d) During your period of self-exclusion, you promise not to circumvent, or to attempt to circumvent, the self-exclusion agreement by attempting to take part in Money Play, either yourself or using a third party. Any Accounts found to be in breach of a self-exclusion agreement will be closed as soon as they are discovered. Please note that if you access your Account and/or open a new Account during the self-exclusion period by fraudulent means or by deliberately entering incorrect information and our automated checks do not prevent this happening, then we shall have no responsibility or liability to you or any third party for any gambling activity that takes place (including to return any deposits, winnings or other funds in respect of such activity). Any new Accounts during a self-exclusion agreement will be closed as soon as they are detected by us.

 

20.2 Setting Financial Limits

 

(a) As part of our commitment to responsible gambling, you have the option to set a daily (24 hour), weekly or monthly deposit limit on your Account. To set a deposit limit, please contact us via email to hello@biim.com, setting out whether you wish to have a daily (24 hour), weekly or monthly deposit limit and the amount you wish to be set.

 

(b) A decrease in your maximum deposit level will take effect immediately and an increase in your maximum deposit level will take effect after a “cooling off” period of 24 hours.

 

 

20.3 The National Association for Gambling Care Educational Resources and Training (“GAMCARE”) provides information, advice and counselling to individuals, their family and friends who have concerns about problem gambling. The Helpline number for GAMCARE when calling from the UK is 0808 802 0133; this number may not be available from outside the UK. Please note that software is available to prevent an individual computer accessing gambling internet sites and can be access here: http://www.gamcare.org.uk/get-advice/what-can-you-do/blocking-software#.VZFl23lFDcs

 

 

21 Assignment. 

 

We reserve the right to assign these Terms and to assign or subcontract any or all of our rights and obligations under these Terms. You may not without our written consent assign or dispose of your Account or these Terms.

 

22 Entire Agreement. 

 

These Terms set out the whole of the agreement between us and you concerning the Game and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to these Terms has no right to rely upon or enforce any part of these Terms.

 

23 Amending the Terms of Use 

 

23.1 Biim reserves the right to amend the Terms of Use at any time, as may be required for a number of reasons including (without limitation) for commercial reasons, to comply with law or regulations, to comply with instructions, guidance or recommendations from a regulatory body, or for customer service reasons. Where we wish to make material changes to the Terms of Use, we will use our best endeavours to provide you as much prior notice of such changes as is reasonably practicable but in any event customers will be notified of changes before they come into effect. Any such revision will be binding and effective from such date as is specified in such notice or upon being incorporated into the Terms of Use. The date on which each relevant document comprising the then current Terms of Use came into (or will come into) force will be as stated at the top of each relevant document comprising the Terms of Use. Please check these Terms of Use frequently for updates.

 

23.2 Biim may, in its absolute discretion, alter or amend or withdraw Services or any part thereof, at any time, and may alter prices, features, specifications, capabilities, functions and/or other characteristics of the Services.

 

23.3 Biim may also at its discretion engage new or alternative third party service providers in respect of Additional Services or any other of its Services. By registering or playing with any such third parties, you thereby provide your consent to any applicable additional terms and conditions of such third parties as they may be amended from time to time, including but not limited to any change to the third party service provider itself.

 

 

24 Severability. 

 

In the event that any part of these Terms is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms shall remain valid and enforceable.

 

25 Law.

 

These Terms shall be governed by and construed in accordance with English law. Any dispute between us in respect of your use of the Application and / or these Terms shall be exclusively subject to the jurisdiction of the courts of England and Wales. 

 

26 Contact. You can contact us by email at the following address : hello@biim.com

These terms and conditions were last updated on  12 March 2019.