Background

Terms & Conditions

Introduction

The Game is a trivia game app with prizes. This Game is held by Celcom Mobile Sdn Bhd (Company No. 27910-A) (“Celcom”). By participating in the Game, the Customer (as herein defined) hereby agrees to be bound by these terms and conditions which shall form an integral part and to be read together with terms and conditions for the respective content service(s) as published at http://bigwin.com.my and relevant to the Customer in respect of this Game.

In the event of a conflict or inconsistency between these terms and conditions and/or terms and conditions for the respective content service(s), such inconsistency shall be resolved by giving precedence in the following decreasing order (i) these terms and conditions (ii) terms and conditions of content service(s).

Eligibility

This Game shall be applicable to all new and existing Celcom’s prepaid and postpaid customers (“Customer”).

For the avoidance of doubt, the Game shall not be applicable to the following persons:

  1. All employees of Celcom (“Employee”) and their immediate family members;
  2. representatives, employees and/or agents of Celcom’s dealers and distributors;
  3. blacklisted Customers of Celcom or any other telecommunication service providers; and
  4. All employees of Nextgen and its affiliated companies (“Employee”) and their immediate family members.

For clarity, immediate family members shall be:

  • For unmarried/single Employee – their parents and sibling(s); and
  • For married Employee – their spouse(s), parents and children.
Subscription Process

There are two ways to become a subscriber:

Through the web landing page by following the following steps:

    1. Customers confirm subscription on a web-landing page. This means they are now officially subscribed to the Game.
    2. Next, the Customer downloads the app from the Google Play or iTunes app store (“App”), enters the App and is prompted to enter their MSISDN.
    3. Finally, the Customer is sent an OTP for their number confirmation and login.
    4. Customer enters OTP and can start playing.

Through SMS by following the following steps:

    1. Customer (not subscribed) enters the App and is prompted to enter the MSISDN.
    2. Next, the Customer is sent an OTP for their number confirmation and login.
    3. Customer now enters OTP and can start playing.
      Note: At this stage, Customer is yet to be SUBSCRIBED to the Game. A notification containing a link to a web-landing page will be sent via the App to encourage subscription. The said notification will only be delivered one (1) time to the Customer.
    4. Customer can now decide to either play as a free user or become a paying subscriber.
    5. To subscribe, the Customer must follow the notifications sent to him/her confirming the subscription on the web-landing page per item 1(a) above. After confirming the subscription, the Customer is subscribed to the Game.

(Hereinafter referred to as “Subscription”)

The Customer shall be charged RM1.00 per day (“Subscription Fee”) for the Subscription of the Game. Other than the Subscription Fee and added taxes, no additional charges for participating in the Game will be applicable.

Upon successful Subscription of the Game, the Customer is eligible to participate in the Draw (as herein defined) under the condition that the Subscription Fee is successfully charged from Customer (“Paying Subscriber”).

Game Rules and How to Earn Gold

The Customer selects a quiz category and gets matched with opponent (in the same category). If matching is unsuccessful, a bot will be deployed.

Each quiz will have five (5) questions and four (4) multiple choice answers.

Every correct answer, irrespective of whether Customer wins or loses from its opponent, will add up to become eligible to gold.

The Customer earns gold for the first time downloading the App and becoming a Paying Subscriber.

The Customer earns gold for inviting friends. Per calendar year, a maximum of ten (10) gold can be earned by invitation.

Additional timed events can be introduced to earn more gold.

Earned gold will be showcased on the leader board (“Gold Leader board”). The Gold Leaderboard will rank the top 10 Customers with the most earned gold during a calendar month. Customer’s nickname, rank and total earned gold will appear on the Gold Leaderboard.

Each month, the Gold Leaderboard resets to zero and the earned gold expires. Earned gold does not carry forward to the next month.

Daily Big Win

Every day a draw (“Daily Draw”) will be held. To be eligible for the Daily Draw, the Paying Subscriber must be successfully charged for the Subscription Fee the day prior to the day in which the Daily Draw is held. (“Daily Draw Subscribers”).

One (1) MSISDN is equal to one (1) participation in the Daily Draw. Celcom shall randomly select the winner from the pool of with Daily Draw Subscribers through an automated selection system.

The winner is announced via App notification after Celcom approves the Daily Draw.

Monthly Big Win

Every first working day (as herein defined) of the month, a draw (“Monthly Draw”) will be held.

To be eligible for the Monthly Draw, the Paying Subscriber must be successfully charged the Subscription Fee at least five (5) times during the month prior to the month in which the Monthly Draw is held (“Monthly Draw Subscriber”).

For the Monthly Draw, at least the top 150 Monthly Draw Subscribers from that month will be shortlisted. The shortlisted Monthly Draw Subscriber will be invited to the Monthly Draw to decide the winners.

The shortlisted Monthly Draw Subscribers will be notified through App notification that they are shortlisted, along with the details of the Monthly Draw. All the shortlisted Monthly Draw Subscriber shall respond to the notification by accepting or rejecting the invite for the Monthly Draw. The Monthly Draw will be conducted through the App in accordance with the details notified via the App.

The shortlisted Monthly Draw Subscribers will each answer the same question(s) within a certain timeframe. One (1) round contains one (1) question. The answer needs to be submitted through the App. Failing to answer the questions before the set deadline and/or failing to answer the questions correctly, eliminates the shortlisted Monthly Draw Subscriber from proceeding to the next round. The rounds will continue until the top five (5) winners of the Monthly Draw Subscriber are identified to claim the Prize.

The winner is announced via SMS and App notification after Celcom approves the Monthly Draw.

Quarterly Big Win

Every first working day (as herein defined) of a quarter of a calendar year, a draw (“Quarterly Draw”) will be held.

To be eligible for the Quarterly Draw, the Paying Subscriber has been successfully charged the Subscription Fee at least five (5) times during each month of the quarter prior to the quarter in which the Quarterly Draw is being held. As an example; in case you become a Paying Subscriber in February 2020, you need to be successfully charged the Subscription Fee at least 5 times in each of the months of February 2020 and March 2020 to become eligible for the Quarterly Draw in April 2020. (“Quarterly Draw Subscriber”).

For the Quarterly Draw, at least the top 100 Monthly Subscribers from the Gold Leaderboard of the three (3) months of a quarter prior to the quarter in which the Quarterly Draw is held, are shortlisted.

The shortlisted Quarterly Draw Subscribers will be notified through SMS and/or App notification that they are shortlisted.

The shortlisted Quarterly Draw Subscribers will each answer the same question(s) within a certain timeframe. One (1) round contains one (1) question. Failing to answer the questions before the set deadline and/or failing to answer the questions correctly, eliminates the shortlisted Quarterly Draw Subscriber from proceeding to the next round. The rounds will continue until the top three (3) winners of the Quarterly Draw Subscriber remain to claim the Prize.

In the event there are multiple players who achieve the same score at the end of the tournament, the ranking of the top three (3) winners will be based on the answer time measured in milliseconds whereby the participant who has the shortest response time on the last correctly answered question, will be ahead of the other participants who attains the tied score at a later time.

The winner is announced via SMS and App notification after Celcom approves the Quarterly Draw.

Annual Big Win

As will be announced by Celcom, every year an annual draw (“Annual Draw”) will be held.

To be eligible for the Annual Draw, the Paying Subscriber has been successfully charged the Subscription Fee of at least five (5) times during thirty (30) days prior to the date the top ten (10) Annual Draw Subscribers are identified and declared (“Annual Draw Subscriber”).

For the Annual Draw, at least the top 100 Monthly Subscribers and/or at least the top 100 Quarterly Draw Subscribers from the Coin Leaderboard over the last twelve (12) months, will be shortlisted.

The shortlisted Annual Draw Subscribers will be notified through SMS and/or App notification that they are shortlisted.

The shortlisted Annual Draw Subscribers will each answer the same question(s) within a certain timeframe. One (1) round contains one (1) question. Failing to answer the questions before the set deadline and/or failing to answer the questions correctly, eliminates the shortlisted Annual Draw Subscriber from proceeding to the next round. The rounds will continue until the top three (3) winners of the Annual Draw Subscriber remain to claim the Prize.

In the event there are multiple players who achieve the same score at the end of the tournament, the ranking of the top three (3) winners will be based on the answer time measured in milliseconds whereby the participant who has the shortest response time on the last correctly answered question, will be ahead of the other participants who attains the tied score at a later time.

The winner is announced via SMS and App notification after Celcom approves the Annual Draw.

Opt out

The Customers may opt out from the Subscription at any time by sending STOP to 28000 or by dialling *365# via USSD and select the respective unsubscription option.

If a Customer cancels their Subscription, he or she will not be allowed to re-subscribe for sixty (60) days as of the day of cancellation of the Subscription. All earned gold will be deemed null and void.

Prizes 

The winners will be contacted by a Celcom representative via phone and they will be entitled to win the Prizes as follows:

Daily Prize
Total Giveaway Amount Per Day: RM500
This is split between 10 winners = RM 50 per winner
Total Winners: 3650 (3650 winners a year = Total RM RM182,500)

Monthly Prize
Total Giveaway Amount Per Month: RM 18,000 (i.e RM144,000 annually)
This is split between the Top 5 Players
1st Place: RM5,000 (8 winners a year = Total RM40,000)
2nd Place: RM4,000 (8 winners a year = Total RM32,000)
3rd Place: RM3,500 (8 winners a year = Total RM28,000)
4th Place: RM3,000 (8 winners a year = Total RM24,000)
5th Place: RM2,500 (8 winners a year = Total RM20,000)

Quarterly Prize
Total Giveaway Amount Per Quarter: RM195,000
This is split between the Top 3 Players

1st Place: RM50,000 (3 winners a year = Total RM150,000)
2nd Place: RM10,000 (3 winners a year = Total RM30,000)
3rd Place: RM5,000 (3 winners a year = Total RM15,000)

Annual Prize
Total Giveaway Amount Per Year: RM365,000
1st Place: RM200,000
2nd Place: RM80,000
3rd Place: RM50,000
4th Place: RM25,000
5th Place: RM10,000

These are the Prizes that can be won during year 1 of Big Win that runs till 31 January 2021.

Celcom reserves the right to select another winner upon three (3) failed attempts to contact any of the winners or failure to keep an active MSISDN.

The winner must collect the Prize within a period to be specified by Celcom (“Prize Collection Period”) at a venue to be determined by Celcom and may be required to attend a prize-giving ceremony on a date and at a venue to be determined by Celcom (“Prize Giving Ceremony”). Celcom reserves the right to forfeit the Prize in the event that the winner fail to collect the Prize within the Prize Collection Period or fail to attend the Prize Giving Ceremony.

There will be no Monthly Draw and Quarterly Draw held in the particular month an Annual Draw is held. There will also be no Monthly Draw held in the particular month a Quarterly Draw is held.

A Paying Subscriber can win a Daily Draw up to three (3) times within six (6) months, a Monthly Draw up to two (2) times within six (6) months and a Quarterly Draw up to one (1) time within one (1) year.

Miscellaneous

Unless expressly stated otherwise, all dates and periods of time in the Additional Terms will be ascertained in accordance with the Gregorian calendar.

Celcom reserves the right to disallow the use of usernames that we, at its sole discretion, deem inappropriate.

All taxes, duties, fees and bank charges applicable in connection with any Prize awarded to a winner are the sole responsibility of the winner.

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 any of the Game for money);

Celcom reserves the sole and absolute right to withdraw, amend, omit and/or vary any part or the whole of the terms and conditions of this Game with prior notice to the Customers.

Celcom’s decisions in any matter in relation to the Game shall be final and conclusive. Any request for appeal and review shall not be entertained.

Celcom shall not be liable for any claim by the Customers or third-party claims or losses of any nature, including but not limited to, loss of profits, punitive, indirect, special, incidental, or consequential damages or for other damages and any related claims of any nature, including direct, indirect, third-party, consequential or other damages resulting from or in connection with this Game.

Celcom disclaims any liability for loss or damage to property or any personal injury or loss of life resulting from or in connection with this Game.

The Customer acknowledges and agrees that Celcom reserves the right to disqualify any participation if the Customer is in breach of its obligations or any terms and conditions of this Game. Notwithstanding the above, Celcom reserves the right to reject any participation or the Customer at its sole and absolute discretion without assigning any reasons whatsoever.

Celcom does not take any responsibility in the event Customers are prevented from participating in the Game, as a result of certain technical restrictions or other limitations or force majeure which including but not limited to regulatory and/or government directive, act of God etc.

All photographs, personal information and names submitted in the Game, service marks, trade names, trademarks are the property of Celcom.

Celcom reserves the right, at its absolute discretion, to use the names, photographs, voice or video recordings and entries of the Customer for publicity, advertising, trade or Game purposes in any media, without first obtaining any consent nor making any payment whatsoever to the Customer.

Except as expressly mentioned herein, Celcom shall not be responsible for any expenses and costs including out-of-pocket expenses related to or as a consequence of participating in this Game.

The content for the Game is provided by a third party. Celcom does not filter or edit such content. The Customer acknowledges that Celcom is under no obligation to censor the content or information provided. Celcom disclaims all liability in relation to the content provided.

In the event any of the provision in these Additional Terms is invalid, illegal and unenforceable under any applicable law or by any reasons whatsoever, the legality and enforceability of the remaining provisions shall not be affected.

No delay or indulgence by Celcom in enforcing any of the Additional Terms herein shall constitute waiver by Celcom of the Customer’s breach of these terms and conditions.

GENERAL TERMS

1. ACCEPTANCE TERMS OF SERVICE

Big Win (hereafter referred to as “Provider”, “we”, “us” or “our”) is a trivia game app that offers players the chance to win real cash prizes. By visiting the website (“Sites”) and/or registering the Service, you accept that you are entering into a binding contract with us governed by the Terms of Service, Additional Terms if applicable, and Privacy Policy.

Please take the time to read and understand the Terms of Service. If you do not agree with the Terms of Service, Additional Terms as well as the Privacy Policy, please don’t use the Sites or any of the Services.

The Terms of Service, Additional Terms and Privacy Policy may be updated from time to time. These changes will form part of the Terms of Service, even if you do not re-use the Sites. You are responsible for being familiar with any amendments or modifications of the Terms of Service, Additional Terms and Privacy Policy.

2. ACCESS AND AVAILABILITY
Full access to the Service can be provided by a fee-based subscription which can be purchased for different periods and will be automatically renewed if not cancelled. We grant our subscribers full access to the content as long as they have an active subscription.

The fees shall become due upon purchase of the subscription irrespective of whether or not you actually use the Service; the consideration for the fees shall solely be the provision of the right to download, receive and/or access the content.

You agree to pay on time any fees, tariffs or other charges incurred in creating the subscription.

The Service is provided “as is” and “as available” at the time of use or consumption and Provider does not accept any liability or provide any guarantees if personal settings, information or messages are not saved (on time), are deleted or incorrectly delivered.

To make the most out of our Service you must have the necessary mobile communication means with easy internet access. Some wireless applications are only available for a select number of mobile devices. This is an issue with its manufacturers, hence out of the control of Provider. To prevent any disappointment, we ask you to check the compatibility of your device before subscribing to the Service.

Any equipment or software causing interference shall be immediately disconnected from the Service and Provider shall have the right to immediately terminate or suspend the Service.

3. AGE RESTRICTION
In order to use the Service you (a) must at least have reached the age as per the rules and regulations of your country of residence and have bill payer’s permission to sign-up for and use the Service on his behalf and (b) agree on behalf of the bill payer and yourself to be bound by the Terms of Service, Additional Terms and Privacy Policy.

4. FEES
For getting full access to a Service you will be charged the applicable fees.

The charges will be invoiced through the mobile bill you receive from the mobile operator of your network or through any other selected payment method. Separate text message fees and/or network fees from your mobile operator can apply.

In the free welcome message from Provider you will find information about the Service fee and the frequency of the Service. We ask you to check and store this welcome message on your mobile device.

All fees, including fees for existing subscription contracts, are subject to change upon notice from Provider. Provider will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your subscription effective immediately upon termination.

If you dispute any payment made, you must contact us immediately and provide full details of your claim.

5. SECURITY AND REGISTRATION OBLIGATION
To guarantee safe use of the Service, as well as payment of the applicable fees, you must be registered. You guarantee that the personal information (“Registered Information”) provided to us is correct and complete at all times. If Provider, in its sole discretion, has reason to believe that the Registered Information is not accurate or complete, Provider is entitled to suspend or terminate your account and to withhold both current and future use of the Service, or any component of it.

You are responsible for maintaining the secrecy of any passwords and/or accounts issued to you by Provider, and you are fully liable for all actions carried out involving the use of your password or account. You should contact Provider if you notice or suspect that unauthorized use has been made of your password or account, or any other breach of security. Also contact us if you learn of any other unlawful material or activity on the Services, or any material or activity that breaches these Terms of Service or Additional Terms.

Provider may provide you with access to some Services without being registered, such as sign-up via your mobile device for the Service. In each such case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number.

6. CHANGES OF THE SERVICES
We reserve the right to upgrade, amend, suspend or discontinue the Services without prior notification at any time. You agree that we shall not be liable to you or to any third party for any amendment, suspension or discontinuance of the Services and you will not be entitled to any compensation or other payment.

7. CODE OF CONDUCT
You agree to use the Service in accordance with the following Code of Conduct:
a. you will not use the Services for any illegal, unauthorized or commercial purpose;
b. you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of Provider or the person who provided it to you;
c. you will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images;
d. you will not use the Service to infringe the privacy rights, property rights, or any other rights of Provider or any person;
e. you will not use the Service in any way which violates, plagiarizes or infringes upon the rights of Provider or any third party, including but not limited to any copyright or privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law;
f. you will not reproduce, copy, sell, resell or use the Service, in whole or in part; and
g. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Provider’s operations.

8. BREACHING TERMS
Without prejudice to our other rights under these Terms of Service and Additional Terms, if you breach these Terms of Service and/or Additional Terms in any way, or if we reasonably suspect that you have breached these Terms of Service and/or Additional Terms in any way, we may:
a. send you one or more formal warnings;
b. temporarily suspend your access to the Services;
c. permanently prohibit you from accessing the Services;
d. block computers using your IP address from accessing the Services;
e. contact any or all your internet service providers and request that they block your access to the Services;
f. commence legal action against you, whether for breach of contract or otherwise; and/or
g. suspend or delete your account on the Services.
and you agree that you will not receive refund of subscription fees already paid to us.

Where we suspend or prohibit or block your access to the Services or a part of the Services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

9. PRIVACY POLICY
Our use of your personal information is governed by our Privacy Policy. Our Privacy Policy forms an integral part of the Terms of Service, and by agreeing to the Terms of Service, you also give consent to the way we may handle your personal information as detailed in our Privacy Policy.

10. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Provider, its parent companies, subsidiaries, related entities, affiliates, subcontractors and their respective directors, officers, agents, employees and their representatives from and against any and all claims, damages, lawsuits, demands, actions, liabilities, or other proceedings brought against it by any third party due to, arising out of, or related to: (i) the use of the Service, the content, the downloads, Software and Sites, including without limitation, your downloads from the Sites; (ii) violation of the Terms of Service and/or Additional Terms; (iii) any breach of any express or implied representation(s) or warranty(ies) allegedly made by Provider; or (iv) violation of any law, regulation or third party rights. You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by Provider in connection with or arising from any such claim, lawsuit, action, liabilities, demand or other proceeding.

11. CANCELLATION AND TERMINATION
Information related to cancellation and termination of Services as well as interruption of the information flow via SMS can be found on the Sites that correspond with the Service. Also, in the free welcome message from Provider you will find information on how to cancel the Service. In addition, an e-mail can be sent to the mail address, as communicated to you on the Sites and/or through our Services.

When your country of residence is part of the European Union and you have purchased a subscription, you have the right to withdrawal from a subscription within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of purchase of subscription. To exercise the right of withdrawal you must inform us of your decision to withdraw from the purchase by an unequivocal statement. You may use enclosed European model withdrawal form, but this is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. If you withdraw from the purchase, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdrawal from the purchase. You will not incur any fees as a result of such reimbursement. If you us the Service during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from the subscription, in comparison with the full coverage of the subscription. The right of withdrawal does not apply for renewal of subscription.

12. ADVERTISING
As far as your country of residence allows us, we may use advertisements and promotions. As a condition to using the Services, you agree that we may display advertisements and other promotions on our Sites and deliver advertisements and promotions on your mobile device or otherwise in connection with our Services. You also agree that you will not attempt to block or otherwise interfere with such advertisements or promotions.

We will not share your personal details with third parties without your consent. You have the right to ask us at any time not to contact you by way of direct marketing.

The inclusion of any advertising or promotion on our Sites or in our Services does not constitute any endorsement by Provider of such content, product, service or company. Provider shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any products or services of third parties. You agree that provider is not liable for any damage of any nature whatever that may be the result of such transactions.

13. INTELLECTUAL PROPERTY RIGHTS
You are aware and agree that software used in connection with the Service (“Software”), the Sites as well as the Services contain information and marks that is protected by valid and applicable copyright law, trade secret law, trademark law and any other intellectual property rights and laws. Except as otherwise set forth herein, all now known and hereafter rights of every nature worldwide pertaining to the Sites, Services and Software in or as part of any version, belongs to us at all times (“Intellectual Property Right”).

You agree to make no claim of interest in or ownership of any Intellectual Property Rights and you acknowledge that no title to the Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, other than the rights expressly granted in the Terms of Service and/or Additional Terms.

You guarantee that you will not amend, rent, rent out, lend, lease, borrow, loan, sell, distribute, create or generate content or products partially or entirely derived from the Service or the Software except in the event that Provider has given you explicit written permission to do so.

Provider hereby grants you, and you hereby accept, a personal, limited, non-transferable, non-exclusive, revocable and non-assignable license and permission to install the Software and download the content to use the Service on a designated compatible mobile device solely for your own personal non-commercial use and to use the Software and the Sites solely in accordance with the Terms of Service and Additional Terms, as long as you do not copy, alter or amend any Software, source codes or content, or reproduce, modify, perform, transfer, distribute, sell, resell, create a derived product or content from it, or carry out reverse engineer or reverse assembly those, or otherwise attempt to find a source code, and you agree not to sell any rights related to the content, the Software and the Intellectual Property Rights, code those, issue sub-licenses for those, encumber those with security rights or otherwise transfer those. You guarantee that you will not amend the content, the Software and Intellectual Property Rights in any way or use amended versions of the Software and Intellectual Property Rights, including (but not limited to) in order to gain unauthorized access to the Service. You guarantee that you will only use the interface provided by the Provider in order to access the Service. Provider herewith grants permission to make only one copy of the information on the equipment you use for gaining access to the Service and to use and display the copy of the Registered Information made on that equipment for private purposes.

14. NO WARRANTY
WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS (THE “PROVIDER PARTIES”) DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SERVICE, THE CONTENT, THIS SOFTWARE AND SITES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. THE PROVIDER PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE CONTENT, SOFTWARE AND SITES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS;
b. THE PROVIDER PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE, THE CONTENT, SOFTWARE AND SITES. THE PROVIDER PARTIES DO NOT WARRANT THAT THE SERVICE, THE CONTENT, SOFTWARE AND SITES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES WILL REMAIN AVAILABLE, BE UNINTERRUPTED AND ERROR FREE;
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE;
d. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SERVICE THE CONTENT, SOFTWARE AND SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE PHONE, DEVICE OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OR USE OF THE CONTENT, THIS SOFTWARE AND SITES;
e. IMAGES OF PERSONS SHOWN ON THE SITES AND/OR IN THE SERVICES ARE FOR ILLUSTRATIVE PURPOSES ONLY. THESE ARE NOT THE ACTUAL PEOPLE THAT PROVIDE THE SERVICES TO YOU; AND
f. WE ARE NOT RESPONSIBLE FOR ANY MISCHARACTERIZATIONS OR MISREPRESENTATIONS OF THE IDEAS OR FACTS AS PRESENTED IN THE CONTENT AND/OR SITES.

15. LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES, SHALL THE PROVIDER PARTIES BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF YOUR USE, MISUSE OR INABILITY TO USE THE SERVICE, THE CONTENT, SOFTWARE AND SITES, EVEN IF PROVIDER’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN THIS SECTION, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE PROVIDER PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO REGISTER FOR THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES.

16. GENERAL INFORMATION
These Terms of Service, Additional Terms and our Privacy Policy form the entire legal agreement and understanding between you and Provider and supersede all previous agreements, understandings and representations between you and Provider relating to the Sites or the Services. You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms of Service, Additional Terms or the use of the Sites or the Services.

You may not transfer any of your rights or delegate any of your obligations under this agreement without our prior written consent. Nothing in this agreement affects your statutory right as a consumer.

17. GOVERNING LAW, JURISDICTION AND SEVERABILITY

National laws from your country of residence are applicable to the relationship between you and Provider, regardless of provisions of applicable international law. You and Provider hereby waive any right to jury trial with respect to any action brought in connection with the Terms of Service and/or Additional Terms. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

Disputes will be submitted to final and binding arbitration under the rules of the arbitration association in your country. Any failure by Provider to exercise or invoke certain rights or stipulations laid down in the Terms of Service and/or Additional Terms, in no way constitutes a waiver or renunciation of those rights or stipulations.

In the event any provision of the Terms of Service and/or Additional Terms, is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.