1. PURPOSE OF THESE TERMS AND CONDITIONS
1.1 The objective of these Terms and Conditions is to govern the legal relations between Qwickbirr and a Player.
2. DEFINITIONS AND INTERPRETATION
2.1 The words and terms below, when used in this contract, have the meaning given here, unless the context clearly implies otherwise and will govern the Player’s use of the Website.
2.1.2 Betting or Bets: for the purposes of these Terms and Conditions include, without limitation, wagering, gaming, and gambling conducted in relation to any and/or all of the Services offered on the Website.
2.1.3 Devices: means any application devices, included but not limited to personal computers, laptops, mobile telephones, smart phones, tablets or any other such mobile device, personal digital assistants, PDA telephones employed for the use of and access to the Website and participation in the Services.
2.1.4 Qwickbirr, Us or We: Qwickbirr
2.1.5 Player: A person who has a Player Account and who uses the Services.
2.1.6 Player Account: an account with Qwickbirr on the Website.
2.1.7 Representatives: representatives, directors, agents and employees.
2.1.8 Service or Services: All games, services and any related content or Software, whether or not in downloadable format, accessible or otherwise used by you through the Website and allowing you to participate in the services provided by Qwickbirr. The Services contain Qwickbirr’s own proprietary content as well as content of third party providers.
2.1.9 Software: The software licensed by us including all programs and databases and any other derived content, requiring download, accessible or otherwise used by you through the Website and allowing a Player to play online games.
2.1.10 Terms and Conditions: these terms and conditions.
2.1.11 Website: http://qwickbirr.com/
2.2 In these Terms and Conditions, unless the context requires differently:
2.2.1 References to these Terms and Conditions include references to any amended Terms and Conditions, which supersede these Terms and Conditions;
2.2.2 Unless otherwise stated, in case of conflict between these Terms and Conditions and any other document referred to in these Terms and Conditions, these Terms and Conditions will prevail;
2.2.3 Section headings are for reference only and shall not affect the interpretation of these Terms and Conditions;
2.2.4 References to a "person” include any individual, company, partnership, joint venture, association, organization, institution, trust or agency, having a distinct legal character;
2.2.5 References to gender include every gender and references to the singular include the plural and vice versa;
2.2.6 References to servers or "our server" or “our servers”, if appropriate, include a reference to a third-party server or servers used to provide the Services or Website;
2.2.7 Any sentence introduced by the words "comprising" or "including" or a similar expression is indicative and does not limit the meaning of words that follow, and will be considered "without limitation”.
3. ACCEPTANCE OF TERMS AND CONDITIONS
3.1 By registering an Account with Qwickbirr, you confirm that you have read and understood these Terms and Conditions, which may be modified from time to time, and acknowledge that they will govern your use of the Services.
3.2 The Agreement applies to the usage of the Services and comes into force as soon as you tick the acceptance box during the registration process and create your Player Account. Ticking this box confirms to us that you have read, understood and accept these Terms and Conditions You certify that you are of legal age for gambling in the country from which you are accessing the Services
3.3 By using the Services, you agree to the Terms and Conditions. Any material changes to the Terms and Conditions will be communicated in writing, and accepted by you before such changes are implemented.
3.4 Any rights not expressly granted in these Terms and Conditions are reserved.
3.6 If you do not entirely agree with these Terms and Conditions, you should immediately cease to use the Services.
4. MODIFICATION TO THE TERMS AND CONDITIONS
4.1 Qwickbirr reserves the right to amend, modify and update these Terms and Conditions the Bonus Policy, the Withdrawal Policy, the House Betting Rules and Privacy Policy at any time. Qwickbirr also reserves the right to modify either partially or completely the terms of any promotion. In the event the Terms and Conditions undergo a material change, a notification prior to such a change will be issued to the Player. On issuing such a notification the Player will have to accept the new terms and conditions before being able to access our Services again.
4.2 These Terms and Conditions represent the entire Agreement and understanding between you and us and cannot be modified except as expressly provided in clause 4.1 above. For the avoidance of doubt this expressly excludes any variation or change to these Terms and Conditions given orally. By chat, SMS, email or other such means inadvertently or otherwise by our individual customer service representative or any other Qwickbirr representative.
5. OPENING AN ACCOUNT
5.1 In order to play with Qwickbirr and to use the Services, you must be of legal age and register personally. You must provide your age in the provided fields and confirm the same in the registration field. The Company reserves the right to ask for proof of age from any customer and suspend their account until satisfactory documentation is provided. The name of the player MUST be the same as the name used when registering with the company and must correspond with the registered mobile number. Where this is not the case, the relevant account will be suspended. Where an account is suspended, the relevant customer should Contact Us. All bets/stakes that are placed prior to an account being suspended will stand-win, lose or return. Should any underage account owner be discovered at any point during the lifetime of the account, the account will immediately be closed indefinitely and all funds deposited to the account will be forfeited. In any such suspected circumstance, the Company will report the activity to the appropriate authority and the player may suffer the consequences thereto. You agree to provide all such information as we require in connection with such verification checks. We shall be entitled to suspend or restrict your account in any manner that we may deem in our absolute discretion to be appropriate, until such time as the relevant checks are completed to our satisfaction.
5.2 By agreeing to these Terms and Conditions, you agree and declare that you have entered your own correct personal details, and that the source of all funds used on the Website are derived from legal activities and that you will not use the Website for illegal or fraudulent activity, including (and without limitation) money laundering as provided by the governing law that applies to You and/or Qwickbirr.
5.3 A person cannot request to open a Player Account or hold a Player Account if such person will not be the Player Account holder or if they are acting on behalf of a third party.
5.4 You are allowed to open only one Player Account on the Website, and Qwickbirr reserves the right to close all multiple Player Accounts that are open, under the same name or connected to the same person. If a person has opened multiple Player Accounts on the Website, Qwickbirr will have the right to take any action permitted under these Terms and Conditions, including that Qwickbirr may credit the first Player Account that the Player opened with Qwickbirr with the balances from the other Player Accounts that would have been closed. If Qwickbirr has reasonable grounds to believe that the Player has committed or attempted to commit any fraud, Qwickbirr reserves the right to cancel any transaction pertaining to it, without prejudice to any other action, or to terminate this Agreement.
5.5 We reserve the right to reject your Membership Application and a Player Account may be closed, at Qwickbirr's sole discretion. Subject to these Terms and Conditions, including those terms which permit Qwickbirr to withhold payment of winnings, any contractual obligations of either a Player or Qwickbirr which have been made prior to a Player Account being closed will be honoured.
5.6 A Player must not authorise any third party to use their Player Account but a Player will be entirely responsible for all losses which are incurred as a result of having a third party use their Player Account. The Player must immediately inform Qwickbirr if they suspect that another person has obtained access to their Player Account, and the Player will offer their full support to Qwickbirr while investigating this issue.
5.7 The Player must not request or create a Player Account if they are in a jurisdiction in which the application for the opening of a Player Account and / or the use of our Services is illegal or against the law. It is the Player's responsibility to ensure that this is not the case. Qwickbirr reserves the right to suspend and/or terminate a Player's Account immediately if Qwickbirr discovers that the Player's Account has been opened in a country where it is illegal to access the Services.
5.8 None of the executives, managers, directors, employees, consultants, or agents in Qwickbirr, nor their relatives (in this clause, the term "relatives'' means spouse, partner, parents, children or siblings of the people mentioned above) are authorised to open or hold a Player Account or use the Service directly or indirectly. If this clause is breached, Qwickbirr reserves the right to close said Player Account immediately, void any Bets and to cancel payments on any win.
6. PLAYER'S PERSONAL INFORMATION
6.1 The personal information that Qwickbirr may request for registration includes but is not limited to: first name, last name, telephone number, date of birth.
6.2 It is the Player's responsibility to ensure that all information provided to Qwickbirr is accurate, precise and up to date.
6.3 Qwickbirr presumes that all transactions are made by the rightful owner of the Player Account and are therefore valid. In no case is Qwickbirr liable for losses incurred by the Player due to unauthorised use or misuse of their personal details.
6.4 Qwickbirr will use strict security measures in order to protect Players’ personal information against unauthorised access. The Player is solely responsible for securing their username and password and all actions that take place because of access to the Service via your user name and password.
6.5 Your personal data shall be kept confidential and will be processed in accordance with our Privacy Policy. We will not disclose your personal data or betting information unless compelled to do so by any applicable laws, regulations, court orders or by the relevant gambling authorities. We reserve the right to disclose your personal data to our payment services providers and financial institutions to the extent necessary for completion of payments for the Services.
6.6 Cookies are also used on the Website to provide fast and efficient service and enable you to make use of the Website and Services effectively. Further details are in our Cookies Policy.
7. LICENCE TO USE THE SERVICES
7.1 We hereby grant you a personal non-exclusive, non-transferable licence to use the Services in accordance with these Terms and Conditions and subject to the following conditions:
7.1.1 You are at least 21 years of age, or the legal age required by the governing laws in the country where you reside, and that you are able to assume responsibility for your actions;
7.1.2 All information included in the registration form submitted to Qwickbirr is true, accurate, complete, and corresponds to the name(s) appearing on the bank cards used for the deposits and payments of winnings. We reserve the right to close your Player Account in the event that the information provided to Qwickbirr is found to be false, inaccurate, deceitful or incomplete. It is your responsibility to inform us of any changes regarding the information you provided us with as soon as possible;
7.1.3 The use of the Services is a right that is bestowed upon you personally to play games of chance on the internet. This right is given to you with a personal and not a commercial purpose;
7.1.4 You may not under any circumstance authorise a third party to use your Player Account, your password or your identity to access the Services;
7.1.5 You understand the rules and procedures of all games offered on the Website;
7.1.6 It is your responsibility to note the payout rate or odds that apply to each game before you place a Bet and you acknowledge that payout rates and odds change from time to time;
7.1.7 We reserve the right not to release any funds suspected to be connected to or proceeding from crime to you;
7.1.8 You acknowledge that it is strictly forbidden to post or transmit to the Website and or Devices or to any other Players any unlawful, harassing, abusive, threatening, libellous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law;
7.1.9 You will not create or provide any means (including, without limitation, via emulators) through which the Software may be used by others.
7.1.10 You acknowledge that when playing games of chance through the use of the Services means that you are at risk of losing money. It is your sole responsibility to assume the losses suffered through your Player Account;
7.1.11 You acknowledge that our Services are consumed instantly when playing. Thus, we cannot provide returns of goods or refunds or, subject to any terms to the contrary, cancellation of your Bets once they have been placed. If you play a game on the Website with real money, the money will be drawn from your Player Account instantly;
7.1.12 You certify that you will not violate or attempt to violate or manipulate Qwickbirr’s security measures in any way. If Qwickbirr has reasonable suspicion with respect to this clause, Qwickbirr reserves the right to suspend or terminate your Player Account immediately, to not credit you with the amount due on your Player Account, and to deny you access to the Website (and all other websites) and Services offered by Us;
7.1.13 You certify that in relation to the Services, you will not use or attempt to use any martingale betting strategy or software endowed, in our view, with artificial intelligence;
7.1.14 You acknowledge that in the event that Qwickbirr reasonably determines that you used or attempted to use a product endowed with artificial intelligence in conjunction with our Services, that Qwickbirr has the right to suspend or terminate your Player Account immediately, to not reimburse the amount credited to your Player Account, and prohibit your access to the Website, ( and all other websites) and Services offered by us;
7.1.15 You acknowledge that it is strictly forbidden for a Player to sell, transfer and/or acquire Accounts to/from another Player or transfer funds from their Account to another Player’s Account;
7.1.16 We only allow access to the Services through secured networks using encryption of the username and password. You cannot play and bet without passing our customer security login;
7.1.17 You will not attempt to use any techniques designed to hide or mislead as to your IP or true location.
7.2 Upon termination of this Agreement, the licence issued pursuant to clause 7.1 shall be automatically revoked and you shall stop using the Software and shall uninstall the Software from your Device.
8. IDENTIFICATION AND AGE VERIFICATION
8.1 If you are under 21 years of age, you cannot use the Website and the Services.
8.2 You can only use the Websites and the Services if you are at minimum the legal age for gambling in your jurisdiction.
8.3 Qwickbirr reserves the right to request proof of age and identity of a Player, at any time, in order to prevent the access of the Website by minors. Any Player who registers on the Website must provide a valid form of identification, address, email address and telephone number.
8.4 By registering an Account and agreeing to these Terms and Conditions, you authorise us to verify and confirm your identity and age.
8.5 In order to verify a Player’s identity and to ensure that they are of legal age for gambling, we will carry out regular checks.
8.6 Where these checks are unable to verify that any customer is 21 or over, Qwickbirr reserves the right to ask for proof of age.
8.7 Your age must be verified in order to ensure you are of legal age for gambling. If within 72 hours of your first deposit we have not been able to successfully verify your age, we reserve the right, until such moment as verification is completed, to:
8.7.1 Freeze your player account.
8.7.2 withhold access to funds.
8.7.3 prevent further gambling activity on your account.
8.8 If on completion of the age verification process you are found to be underage, all deposits made on the Player Account will be returned, and the winnings and/or bonuses will be voided.
8.9 If we remain unable to verify your age through our regular checks, we will send an email to your registered email address requesting a copy of one of the following documents: birth certificate, driving licence, passport, signed credit agreement, citizen/national identity card.
8.10 In addition, you agree that if Qwickbirr (in its absolute discretion) requires further verification of your identity that Qwickbirr can send an email to your registered email address, requesting copies of two of the following documents, one of which must show your date of birth: birth certificate, driving license, passport, signed credit agreement, national identity card, utility bill or bank statement (less than 3 months old), which will need to be provided to Qwickbirr in order to complete Qwickbirr’s verification process. If such documents are requested, no withdrawals may be made until such documents have been provided to Qwickbirr.
8.11 To be approved, all documents must be in acceptable condition (as decided by Qwickbirr in its discretion) and be readable. Your Player Account username must be included in the communication, to ensure the check is completed promptly.
9. FURTHER CONDITIONS OF USE
9.1 You warrant:
9.1.1 that you are acting on your own behalf; and
9.1.2 You are not depositing money originating from criminal or other illegal or unauthorised activities.
9.2 You agree that we or a payment processing company on our behalf will handle all financial transactions (“Payment Processor”). You agree that the Payment Processor reserves the right to withhold any payments should the Payment Processor have reason to believe or any suspicion that you may be engaging in or have engaged in fraudulent, collusion, unlawful or improper activity.
9.3 You accept that you are solely responsible for the supply and maintenance of all the computer equipment and telecommunication network and internet access services that you need to use in order to access the Services. We will not be liable for any loss caused to you by any failure of your computer equipment, telecommunications network and/or internet access.
9.4 You warrant you will not commit any acts or display any conduct that damages Qwickbirr or any Qwickbirr Group company’s reputation.
9.5 You warrant you are not colluding or attempting to collude in any collusion scheme with any other Player in the course of Betting.
9.6 You warrant are not a Politically Exposed Person (“PEP”) nor do you appear on any international Sanction List.
10. OUR RIGHTS AND RESPONSIBILITIES
10.1 Qwickbirr is not responsible for the potential access to a Player’s Account by a third party and will not be held responsible for any potential loss suffered due to the illicit use of a Player’s password by a third party without authorised access, and/or for any transaction in which the name and password of a Player were registered correctly.
10.2 We will use your personal data to allow you to use the Services and to carry out operations relevant to your participation in the Services. We may also use your personal data to inform you of changes, new services and promotions that we think you may find interesting. If you do not wish to receive such direct marketing data, you may opt out of such a service. Qwickbirr will not exchange and/or distribute email addresses or a Player’s personal information with third parties.
10.3 Qwickbirr reserves the right, at its sole discretion, to report any suspicious transaction and to transmit any information to the appropriate authorities and without notice to you. In such a case, you waive all rights of any nature that may be recognised anywhere of the communication of such information. In addition, Qwickbirr reserves the right to withhold all the funds Qwickbirr believes to be derived from cheating, fraudulent or unlawful activity and where required, without giving reason to you for withholding said funds.
10.4 Qwickbirr reserves the right, at its sole discretion, to suspend, modify, end, revoke the use of and/or add elements to its Services, either temporarily or permanently, at any time without notice or compensation, subject to compliance with its regulatory obligations and subject to fulfilling all other commitments made under these Terms and Conditions.
10.5 We reserve the right to make enquiries about you, including credit checks with third party credit and financial institutions. We also reserve the right to request information on the source of funds.
10.6 In order to comply with legal and regulatory obligations, Qwickbirr operates an anti-money laundering policy that, from time to time, may require us to request documentary evidence to justify your activity on your qwickbirr.com account. This will be communicated to you directly by email, with the request including a list of acceptable documentation. All information received is stored securely in accordance with our privacy policy.
11. FORBIDDEN JURISDICTIONS
11.1 Certain countries have not addressed the legality of games of chance on the internet, and others have specifically determined that such games are illegal. The use of the Services is in no way meant to be used by people who are forbidden by law to use it. The availability of the Services shall not be interpreted as an offer or invitation on our part to use the Services in a country where such use is illegal.
11.2 By accessing the Services, you confirm that you are not located in a country where it is legal to play games of chance on the internet.
11.3 Qwickbirr reserves the right to suspend a Player Account if it is used to access the Website from a country where it is illegal to play games of chance on the internet.
11.4 You are entirely responsible for informing yourself of the laws in your jurisdiction in respect of the use of the Services.
12. RESPONSIBLE GAMBLING
12.1 Qwickbirr is committed to providing a safe and responsible platform where Players can use the Services. Qwickbirr is fully committed to help Players who show potential signs of problem gambling behaviour, or help Players that may be at risk of potentially becoming addicted in order to help face their problems and obtain the necessary advice and assistance that may be required.
13. DEPOSITS
13.1 Please visit our deposits page for details on how to make deposits.
14. WITHDRAWALS
14.1 Please see our Withdrawal Policy for information in relation to your withdrawals.
15. BET ACCEPTANCE AND WINNINGS
Bet Acceptance and Disconnection
15.1 Bets will be validly placed if your username and password have been entered correctly, subject to there being sufficient funds in your Player Account.
15.2 It is your sole responsibility to ensure the details of your Bets are correct. Once your Bet has been accepted and acceptance of the Bet is confirmed by Qwickbirr, it cannot be revoked, cancelled or changed.
15.3 qwickbirr.com only accepts bets placed online.
15.4 The minimum amount for a bet varies depending on Provider. On the other hand, the maximum bet amount is also a fixed amount given by the Provider.
15.5 In respect of any Bet, the decision of Qwickbirr is final. If you wish to dispute our decision, please see clause 17 for our complaints procedure.
Winnings
15.6 Your winnings are exclusive of the Bet amount.
15.7 qwickbirr.com reserves the right to void any bet that may have been accepted when the account did not have sufficient funds to cover the bet. If an account has insufficient funds as a result of a deposit that has been cancelled by the payment processing party, qwickbirr.com reserves the right to cancel any bet that may have been accepted retroactively.
15.8 All winnings will be credited to your Player Account. If any funds are credited to your Player Account in error, Qwickbirr reserves the right to remove such funds and void any transactions involving such funds, either at that time or retrospectively.
16. COMPLAINTS
16.1. If you have a complaint; you can contact the customer support team.
16.2. The Company will at all times apply best efforts to resolve a reported matter promptly.
16.3. If you have a query with regard to any transaction, you may also contact the Company with details of the query. The Company will review any queried or disputed transactions.
17. PLAYER ACCOUNT SUSPENSION
Suspension of your Player Account
17.1 Without restricting our ability to rely on other remedies that may be available to Qwickbirr, Qwickbirr reserves the right to close or suspend your Player Account and/or void any associated bets and/or withhold any amounts in your Player Account at its absolute discretion if we have reason to believe any of the following, that:
17.1.1 you have more than one Player Account on the Website;
17.1.2 you provided incorrect personal details while registering a Player Account, or you provide personal details belonging to another person;
17.1.3 the name on your Player Account does not match the name on the credit or debit cards or other payment accounts used to deposit with Qwickbirr;
17.1.4 you are not of legal age for gambling in your jurisdiction;
17.1.5 you have allowed, intentionally or unintentionally, another person to use your Player Account or you have otherwise misused your Player Account;
17.1.6 you have played in tandem with other Players as part of a club, group, etc., or placed bets in a coordinated manner with other Players involving the same selections;
17.1.7 Qwickbirr receives a “chargeback” and/or a "return" notification via a deposit mechanism used on your Player Account;
17.1.8 you are found colluding, cheating, money laundering or undertaking any kind of fraudulent activity;
17.1.9 it is determined that you have employed or made use of a system (including machines, computers, software or other automated systems such as bots etc) designed specifically to defeat the gaming system on the Services, or have employed betting techniques with the aim of circumventing the standard house edge in the games on the Services;
17.1.10 you are acting other than on your own behalf or otherwise in concert with others or engaging in illegal or fraudulent activity while interacting with the Services;
17.1.11 you have breached any of these Terms and Conditions;
17.1.12 you are acting in a manner that is detrimental to the conduct of our business;
17.1.13 you have acknowledged that you are, or we reasonably believe you to be suffering from a problem related to gambling addiction;
17.1.14 it is illegal for you to interact with the Services in any way;
17.1.15 we are unable to verify your registered address or contact telephone number;
17.1.16 there has been an abuse of a promotion; bonuses or any other offers promoted by us;
17.1.17 Qwickbirr is required to do so by law;
17.1.18 there is an ongoing dispute between Qwickbirr and the Player;
17.1.19 you are found to be a PEP or appear on a Sanction List;
17.2 Immediately following the cancellation of this Agreement by either party, Qwickbirr will return the amount in your Player Account subject to any withdrawal fees.
17.3 All information collected during the registration process is kept even after a Player Account is closed. This information is kept for regulatory purposes, the prevention of fraud and money laundering. Qwickbirr reserves the right to cooperate fully with law enforcement and justice and any other official authority for any investigation of illegal activity on the Website.
17.4 Upon termination of your account, you agree and acknowledge that your rights to use the Website or the Services shall immediately terminate.
18. DORMANT ACCOUNTS
A dormant account is an account that has not been accessed for 3 months, that has a legal registration with or without money balance. Once your account becomes dormant, the Company, shall in its sole discretion, close your account and thereafter either refund the balance to you or where applicable deal with it in the manner provided for in law less any cost accruing thereon.
19. INDEMNITY
19.1 By accepting these Terms and Conditions, you agree to indemnify us, to defend us and to exonerate Qwickbirr on demand in respect of any claim, damage, loss (whether direct or indirect), loss of reputation, loss of profits, cost or expense suffered by Qwickbirr in relation to:
19.1.1 any breach by you of these Terms and Conditions, rights of a third party or any law or regulation;
19.1.2 your access to the Website;
19.1.3 Betting or any other use of the Services (by you or another person);
19.1.4 download and installation of the Software on any Devices;
19.1.5 any action / legal proceedings, claims, demands, or complaints made by a third party against Qwickbirr or any Qwickbirr Group company resulting from any breach by you of these Terms and Conditions and/or any relevant laws or rights of third parties;
19.1.6 your fraud, dishonesty or criminal act.
20. INTELLECTUAL PROPERTY RIGHTS
20.1. You are not permitted to:
(i) install or load the software onto a server or other networked device or take other steps to make the software available via any form of "bulletin board", online service or remote dial-in or network to any other person;
(ii) sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in these terms and conditions) your license to use the software or make or distribute copies of the software;
(iii) enter, access or attempt to enter or access or otherwise bypass the Company's security system or interfere in any way (including but not limited to, robots and similar devices) with the relevant products or the Mobile service, and all other media/electronic platforms any changes to the software and/or any features or components thereof; or
(iv) copy or translate any user documentation provided 'online' or in electronic format.
(v) In addition, and except to the minimum extent permitted by applicable law in relation to computer programs (including, the purposes expressly permitted as per the Ethiopia Information & Communication Act (CAP 411A) of the Laws of Ethiopia or any law replacing/repealing and or amending the said laws and any other relevant law) you are not permitted to:
(vi) translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the software; or
(vii) reverse engineer, decompile, disassemble, modify, adapt, translate, make any attempt to discover the source code of the software or to create derivative works based on the whole or on any part of the software.
20.2. You do not own the software. The software is owned and is the exclusive property of the Company or a third party software provider company (the "Software Provider"). Any software and accompanying documentation which have been licensed to the Company are proprietary products of the Software Provider and protected worldwide by copyright law. Your use of the software does not give you ownership of any intellectual property rights in the software.
20.3. The software is provided "as is" without any warranties, conditions, undertakings or representations, express or implied, statutory or otherwise. The Company hereby excludes all implied terms, conditions and warranties (including any of merchantability, satisfactory quality and fitness for any particular purpose). The Company does not warrant that:
(i) the software will meet your requirements;
(ii) the software will not infringe any third party's intellectual property rights;
(iii) the operation of the software will be error free or uninterrupted;
(iv) any defects in the software will be corrected; or
(v) the software or the servers are virus-free.
(d) In the event of communications or system errors occurring in connection with the settlement of accounts or other features or components of the software, neither the Company nor the Software Provider will have any liability to you or to any third party in respect of such errors. The Company reserves the right in the event of such errors to remove all relevant products from the Mobile service, Mobile service, Website and all other media/ electronic platforms, and all other media/electronic platforms, and take any other action to correct such errors.
(e) You hereby acknowledge that your use of the software is outside of the Company's control. Accordingly, you load and use the software at your own risk. The Company will not have any liability to you or to any third party in respect of your receipt of and/or use of the software.
(f) The software may include confidential information which is secret and valuable to the Software Provider and/or the Company. You are not entitled to use or disclose that confidential information other than strictly in accordance with these Terms and Conditions.
21. EXCLUSION OF WARRANTY
21.1 You acknowledge that you have chosen to use the Services willingly and at your own risk and discretion.
21.2 Qwickbirr offers the Services 'as is', with no warranties, assurance, commitments or any declaration explicit or implied, legal or other.
21.3 Qwickbirr hereby excludes all terms, conditions, and warranties explicit or implied, including but not limited to implied warranties, commercial conditions, and/or matters of satisfactory quality, ability and adaptability to a specific end, completion or precision of service and of the application with regards to the failure to respect governing rules and laws.
21.4 It remains your responsibility to protect your system from all computer viruses and Qwickbirr, under any circumstances, shall not be held responsible for any losses incurred in relation to any viruses. In case of viruses in our systems, we reserve the right to suspend the Services.
21.5 We do not guarantee that:
21.5.1 the Services are entirely secure and exempt from error;
21.5.2 the Services are updated regularly;
21.5.3 any defect in the Services are regularly corrected;
21.5.4 that access to the Services will be uninterrupted;
21.5.5 the Services are virus or bug free;
21.5.6 the Services will be continually operational;
21.5.7 that the Services are adequate;
21.5.8 that the material on the Website or obtained via the Website, is adequate and reliable.
21.6 Qwickbirr will not be held responsible for any act or omission by an internet service provider or of any other third party, including those with whom you may have contracted in order to have access to the Services. In case of litigation between the internet service provider and yourself, Qwickbirr cannot be a party to the suit, and such suit shall in no way affect the Player's obligations under this contract.
21.7 Nothing in these Terms and Conditions will exclude or restrict Qwickbirr’s responsibility in any manner which is prohibited by relevant laws.
22. LIMITATION OF LIABILITY
22.1 Nothing in these Terms and Conditions is intended to:
22.1.1 exclude or limit our liability for fraud or for death or personal injury resulting from our negligence; or
22.1.2 limit your statutory rights (statutory rights include, for example, that we will provide our Services to a reasonable standard and within a reasonable time).
22.2 Except under Clause 22.1 above and save in respect of any winnings lawfully due to you in accordance with these Terms and Conditions, our maximum liability to you in relation to any one incident or series of related incidents is limited to the greater of:
22.2.1 where such liability relates to a specific Bet, the value of such Bet paid by you;
22.2.2 where such liability relates to the misapplication of funds in your Player Account, the amount that has been lost or misplaced.
22.3 Subject always to Clauses 22.1 and 22.2, we will not be liable for any loss to you or a third party, that could not have been reasonably expected at the time you register or at the time you enter into a transaction for Services, such as any loss of income, business or profits or any information which is lost or corrupted, including but not limited to any damage or loss suffered or incurred by you as a result of:
22.3.1 any use of our Services in breach of these Terms and Conditions (including any use of our Services for commercial or business purposes);
22.3.2 failures caused by the equipment you use to access our Services, Website, call centre or mobile applications or failures in any network (including failures by your internet service provider);
22.3.3 any incomplete, illegible, lost or delayed transactions (including as a result of technical failure);
22.3.4 damage to your equipment (e.g. desktop, laptop, TV, mobile, smartphone, tablet, games console or other internet-enabled device) or for any loss or corruption of data that results from your use of our Website, Services or mobile applications (and we cannot and do not guarantee that any files that you download are free from viruses, contamination or destructive features);
22.3.5 the accuracy, completeness or currency of any information services provided by us or third parties (including but not limited to prices, runners, times, results, live scores or general statistics);
22.3.6 any loss whatsoever arising from your abuse or misuse of your Player Account or our Services;
22.3.7 any failure on our part to interact with you where we may have concerns about your activities;
22.3.8 any event outside our control or instances of force majeure;
22.3.9 our closure or suspension of your Play Account in accordance with these Terms and Conditions;
22.3.10 your use or a third party's use of the Services the Content or any link on the Website;
22.3.11 any modification, suspension or interruption of Services; or
22.3.12 any improper functioning of the Services.
22.4 In the event that any malfunction results in profit, whether it is collected or credited to your Player Account, Qwickbirr reserves the right to claim all gains that you may have benefited from, as a result of one of those malfunctions, and you would be obliged to immediately reimburse Qwickbirr the amount collected and inform Qwickbirr of the malfunction. Qwickbirr reserves the right, at its sole discretion, to directly deduct an amount equal to that which you may have received in error from your Player Account.
22.5 You acknowledge that in relation to the use of the Services that you will have no claims whatsoever against any Representatives of Qwickbirr company.
23. GENERAL
23.1 Failure of Qwickbirr to exercise their rights under these Terms and Conditions does not constitute a general waiver of those rights.
23.2 If any part of this Agreement is deemed invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that reflects as closely as possible the intent of the original provision and the remainder of this Agreement will continue to full effect.
23.3 This Agreement and any documents referred to herein represent the entire agreement between Qwickbirr and you and supersede any prior agreement, understanding or arrangement, whether oral or in writing. We each acknowledge that we have not relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us except as expressly stated in this Agreement.