WINKEL PLAY DAILY
TERMS AND CONDITIONS
BY DOWNLOADING THE APPLICATION AND ACCEPTING OUR TERMS, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/ INSTALL/USE THE APPLICATION.
1. About us
1.1 We are Winkel Limited, a company registered in England and Wales with its registered
office address at C/O Cox Costello & Horne Fourth & Fifth Floors, 14-15 Lower Grosvenor Place, London, England, SW1W 0EX. Our company registration number is 11645373 and our VAT registration number is 336714496. Our website is www.winkelgames.com (“Website”).
1.2 We provide a mobile application to consumers for private, non-commercial, entertainment purposes (“App”).
1.3 If you have any questions about our App or would like to contact us for any other reason, please do so via e-mail at firstname.lastname@example.org.
2. About these terms
2.1 In this document, Winkel Limited is referred to as “we”, “us” and “our”. Users of our App are referred to as “you”, “your” and “yours”.
2.2 These terms and conditions (“Terms”) apply to your download, access and use of our App on your device (whether a desktop, laptop, smartphone or other digital device). Our App is made available for download in the app store.
2.3 These Terms are only available in English. No other languages will apply.
2.4 When you download, access and use our App, you enter into a legally binding agreement with us. These Terms, together with our Prize Draw Terms and Conditions and any rules and guidelines applicable to the game played in the App, form the entire agreement between you and us (“Agreement”). Any previous agreements, communications or understandings are superseded by this Agreement. If you do not agree to any of the terms of the Agreement, you are not allowed to use our App.
2.5 These Terms are referenced to and/or made available from the application store you use to download our Games from.
3. Age restrictions
3.1 Our App is not intended for use by children under the age of 18 years. If you are under the age of 18, please do not use our App. By using the App, you warrant that you are at least 18 years of age.
4. Equipment and internet connection
4.1 Our App is made available for download through the app stores.
4.2 You are responsible for the necessary equipment and internet connection in order to be able to use our App. You are also responsible and liable to pay for any connectivity or mobile fees you may incur by downloading and using our App.
5. Free and paid version
5.1 Our App is freely available and you do not have to pay for its use if you do not want to.
5.2 We also provide for a paid version of our App (VIP subscription). The paid version of our App is free from advertisements. If you choose the VIP subscription, your purchase is handled by a third-party provider and you agree to the payment terms of the app store you are connected to.
5.3 Please note that subscribing to the VIP pass does not in way affect your chances of earning rewards when you play any of the games in our App.
6. Personal Information
7. Changes to these Terms
7.1 From time to time we may have to make changes to these Terms, for example to reflect changes in laws and regulations we are subject to or because we have made improvements or changed the features or functionalities of our App.
7.2 When we change these Terms, we will make the latest version of these Terms available via our Website and you will be prompted to accept the revised terms. If you do not agree to the revised terms, you will not be able to use our App. If you accept our revised terms, you agree to be bound by them.
8. Updates to the App
8.1 We may from time to time in our sole discretion develop and provide updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either:
(a) the Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
8.2 You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to these Terms.
9. Ownership, grant of rights and restrictions
9.1 You understand that we are and will always be the exclusive owner of all intellectual property rights in and attached to the App and any content displayed in it. The Agreement does not grant you any rights of ownership in the App or its content, save for the limited right to use our App subject to these Terms.
9.2 When you have downloaded our App and you have agreed to these Terms, you are granted the limited right to use and play our Games for personal, non-commercial purposes only. This right is non-exclusive, non-sublicensable, non-transferable and revocable.
9.3 You shall not use the App for any other purpose and you shall comply with these Terms at all times.
9.4 Without prejudice to the generality of the foregoing, you agree that you will not:
(a) rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
(b) copy the App except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
(c) translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these Terms;
(d) disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things.
9.5 You must not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, or any operating system.
9.6 Our trademarks are our exclusive property and you shall refrain from using them without our prior written approval.
10. Disclaimer of warranties
10.1 Our App is provided on an ‘as is’ and ‘as available’ basis for your use, without any warranties of any kind, express or implied, including those of merchantability, fitness for a particular purpose and those arising from course of dealing or usage of trade.
10.2 We do not guarantee that our App will always be available or be interrupted, secure, free from viruses, bugs, errors or omissions. You are solely responsible to install and use appropriate anti-virus software on your device.
10.3 Our App may, from time to time, be unavailable or suspended, for example due to technical maintenance or if we have to update or change the features or functionalities. We may do this without giving you prior notice, but if we reasonably can we will try to inform you via our Website or a notification in the App. Sometimes this may not be possible, for example in the event of emergency maintenance.
10.4 We may discontinue our App for various reasons, including economic reasons and technical reasons. We may do so without giving you prior notice and a decision to discontinue the App is at our sole discretion.
11. LIMITATION OF LIABILITY
11.1 UNDER NO CIRCUMSTANCES AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS AND EXPENSES YOU MAY INCUR AS A RESULT OF OR IN CONNECTION WITH:
(a) THE UNAVAILABILITY OF OUR APP, EITHER TEMPORARILY OR PERMANENTLY, THE INTERRUPTION AND SUSPENSION OF OUR APP AND ANY BUGS, TECHNICAL FAILURES OR ERRORS IN OUR APP;
(b) YOUR USE OF THE APP;
(c) EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS, BUT NOT LIMITED TO, ACTS OF GOD, WAR, STRIKES, CIVIL COMMOTION, FAILURE OF UTILITIES (INCLUDING YOUR INTERNET CONNECTION AND EQUIPMENT).
11.2 IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT, LOSS OF BUSINESS AND BUSINESS INTERRUPTION.
11.3 WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY WHERE IT WOULD BE UNLAWFUL TO DO SO, SUCH AS FOR DEATH AND PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
12. Hyperlinks and advertising
12.3 If you wish to use our App without advertising, you will need to subscribe to the VIP pass. This does not in any way affect your chances of earning rewards when you play our games.
13. How our games work/prize draws
13.1 We offer various games through our App. Our App contains lucky draws, daily lotteries and scratch cards. All are free to enter and offer you a chance to win cash prizes and gift cards.
13.2 Winkel Limited is the promoter of these prize draws. For full information about our prize draws, please read our Prize Draw Terms and Conditions, which are deemed included in these Terms by reference.
13.3 If you are the winner of a cash prize, the prize will be added to your account automatically. In order to pay out your prize you must go to the shop in our App and choose to cash out via PayPal. You need a PayPal account in order to pay out your prize. After you have submitted your request for pay out, you will receive a confirmation e-mail stating that your pay out is in progress. It may take up to seven (28) business days to complete the pay out.
13.4 If you are the winner of a gift card, the gift card will be added to your account automatically. In order to redeem your gift card you must go to the shop in our App and choose to redeem your gift card. After you have submitted your request, you will receive a confirmation e-mail.
13.5 When you are not a winner of a prize, you may be awarded tokens. Tokens can only be used to convert into gift cards in the shop in our App and cannot be exchanged for cash. It is at our sole discretion to determine the value and exchange rate of tokens. How many tokens you need before you can convert them into a gift card of a certain value is displayed in the shop. In the event
13.6 Scratch cards: you can play the amount of scratcher cards that we make available in the App by virtually scratching them. Scratching will immediately reveal if you have won a prize. If you did not win a prize, you will be awarded tokens.
13.7 Lucky draws: this is a prize draw you can enter one time per day. By submitting your ticket, your user name will be entered into the prize draw. A winner will be chosen at random by a computerized process each day. When you return to the App the next day, you will be notified of whether or not you are a winner.
13.8 Daily lotteries: this is a prize draw you can enter one time per day. A randomly chosen computer generated set of numbers will be awarded to you, but you can replace any number with a number of your choice. By submitting your chosen set of numbers, you will enter the prize draw. A winner will be chosen at random by a computerized process each day. When you return to the App the next day, you will be notified of whether or not you are a winner.
14. Breach of these Terms/termination
14.1 You may terminate this Agreement by deleting the App and all copies thereof from all your devices.
14.2 We may end your rights to use the App at any time by contacting you if you have broken these Terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
14.3 If we end your rights to use the App:
(a) you must stop all activities authorised by these Terms, including your use of the App;
(b) you must delete or remove the App from all devices in your possession.
14.4 The provisions which by their nature should survive termination will survive the termination of this Agreement. These provisions include without limitation provisions addressing license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership.
15. Transfer of rights and obligations
15.1 We are entitled to transfer our rights and obligations under this Agreement to another entity without your prior consent, for example if we merge with another company or if we sell our assets to another company. If we do so, we will inform you as soon as possible and we will make sure that such transfer does not negatively affect your rights under these Terms.
15.2 You may not assign, sub-license or otherwise transfer any or all of your rights and obligations under these Terms to another person.
16. Severability and waiver
16.1 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.
16.2 If any provision or part-provision of this Agreement is deemed deleted the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
16.3 If we do not insist that you perform any of your obligations under the Agreement, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
17.1 If you have a complaint about our App or our games, please do let us know by e-mail. In most cases, we can resolve your concerns ourselves.
18. Governing law and jurisdiction
18.1 These Terms, their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.