Terms of use

1.              INTRODUCTION

1.1            Welcome to Fantasy Rugby World (FRW) brought to you by Bamg Sports Ltd, a company incorporated under the laws of England and Wales under company number 12422085 with its registered office at 5 New Street Square, London, United Kingdom, EC4A 3TW (we, us, our). Our VAT number is 350472026. FRW can be played either via the dedicated mobile application (the App) or via our website available at www.fantasyrugbyworld.com (the Website)

1.2            Please read these Terms of Use (Terms) carefully along with the our Privacy Policy and the Rules as, together, they set out the basis on which you may download and use the App, access the Website, and generally play FRW. These Terms and the Privacy Policy apply in addition to the terms of service and privacy policy of the relevant app store provider from whom you downloaded the App (App Store Provider).

1.3            By downloading the App, accessing the Website or playing FRW you are confirming to us that you have read these Terms and that you agree to be bound by them. You also acknowledge that that the App Store Provider is not a party to these Terms and that these Terms are concluded between you and us only.

1.4            We may revise these Terms at any time. Any changes made to these Terms will be applicable from the date they are published. We will endeavour to notify you of any changes that are going to be made to these Terms reasonably in advance of the date on which such changes take effect and invite you to accept the new Terms. Please note that if you do not accept any new Terms we publish then you may no longer be able to play FRW.

2.              CONTACT INFORMATION

2.1            If you would like to contact us for any reason in connection with FRW, including to make a complaint about FRW, the App or the Website (including anything contained on them), please do so using the following details:

Address:

5 New Street Square, London, United Kingdom, EC4A 3TW

Email:

contact@bamgsports.com

3.              AGE LIMITS

3.1            The Game is intended to be played by users who are at least 13 years old. If you are under 13 years old, please do not play the Game. If you are younger than 18 years old, you should read these Terms and our Privacy Policy with your parents or guardians to make sure that you understand them and that you are happy to be bound by these Terms. By playing the Game, you are confirming to us that you are at least 13 years old. Your ability to play the Game may be terminated without warning if we have any reason to believe that you are younger than 13 years old.

4.              ACCESS TO AND USE OF THE GAME

4.1            There is currently no charge to play FRW (although you will be charged for In-App Purchases (see section 6 for more information)). We may stop offering FRW free of charge at any time.

4.2            In order to play the FRW, you will need to register as a player. To register as a player, you will need to complete a registration form which will require you to submit an original username. You will also have the option of linking your username with your social media or other platform accounts (such as Facebook). You must also submit your email address to us as part of the registration process. We reserve the right to refuse to accept any username and/or email address which we deem to be inappropriate (in our sole discretion) or which has already been registered for a different user.

4.3            Your account is personal to you and you are not entitled to transfer your account to any other person. You agree to take all steps necessary to protect your account log in details and keep them secret. You shall not give your log in details to anyone else or allow anyone else to use your log in details or account.

4.4            We will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorised purchases) and agree to fully compensate us for any losses or harm that may result. We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account or playing FRW and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.

4.5            If you breach any provision of these Terms, your player account may be terminated by us at any time. If your player account is terminated, your authorisation to access the App and/or Website and play FRW and to use any items you have purchased via In-App Purchases will also terminate and you may not be entitled to a refund.

4.6            If you delete your account, or if we delete your account in accordance with these Terms, you may lose access to any data previously associated with your account (including, without limitation, your progress in FRW and/or the points you have accumulated playing FRW and any items you have purchased via In-App Purchases).

4.7            You agree that you will not:

(a)             reverse engineer, decompile, disassemble or otherwise attempt to obtain the App’s and/or the Website’s source code,other than as permitted by applicable law;

(b)            use software (including any spider, scraper or bot) to monitor, harvest or copy any information from FRW;

(c)             transmit or communicate any content (for example, when interacting with other users) which we, in our sole discretion, deem offensive, including language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, ethically, or otherwise objectionable;

(d)            create multiple player accounts for FRW.

4.8            The specific game rules, scoring rules, functionality and guidelines for FRW can be found here and also within the App itself and on the Website. Such rules, scoring rules, functionality and guidelines form part of these Terms and you agree that you shall comply with them when you play FRW.

4.9            You agree to comply with all reasonable instructions that we may give you regarding your use of FRW.

4.10         You are responsible for obtaining (at your own cost) all necessary devices and telecommunications services required to play FRW. You are also responsible for ensuring that no person uses your device to play FRW without your permission. We will be entitled to assume that anyone who plays FRW using your device has your permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons.

4.11         By accessing the App and/or the Website, you represent and warrant that:

(a)             you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and

(b)            you are not listed on any U.S. Government list of prohibited or restricted parties.

5.              SOCIAL MEDIA FUNCTIONALITY

5.1            It may be possible to link your social media account(s) to FRW. This will enable you to share your achievements in FRW with your friends who are also logged in and playing and also enable you to see their achievements. 

5.2            FRW may contain social media “share” functionality that allows you to post to your social media channels such as your Facebook wall and/or your Twitter feed. This “share” functionality may contain pre-populated text that can be edited by you. You acknowledge and agree that you are fully responsible for the text that is included in any “shares” that you choose to make to your social media channels.

6.              IN-APP PURCHASES

6.1            The App may include functionality that allows you to make in-app purchases (such as purchasing a premium account subscription) (“In-App Purchases”) but it will not be necessary to make any In-App Purchases in order to play FRW.  Whilst you cannot switch off In-App Purchases from being offered to you within the App (and there is no cap on the number of In-App Purchases you can make), you can switch off/manage your ability to complete In-App Purchases by altering the settings on the device you use to play the App (see paragraph 6.3 below for more on this). You acknowledge and agree that you are fully responsible for managing your In-App Purchases and the amount you spend on In-App Purchases within the App.

6.2            We reserve the right to determine, in our absolute discretion, the quantities of the items which may be purchased via such In-App Purchases and how much to charge for any such items.

6.3            You can manage your ability to complete In-App Purchases by adjusting the settings on the device you are using to play the App. More information about how you can manage In-App Purchases on your device can be found either in the App Store Provider’s terms and conditions, in your device’s help settings or online.

6.4            If you are younger than 18 years old, you must have your parents’ or guardians’ permission to make any In-App Purchases. By completing an In-App Purchase, you are confirming to us that you have any permissions that may be necessary in order to allow you to make that In-App Purchase.

6.5            If you are a parent or legal guardian of someone under the age of 18, we recommend that you consider any parental controls that may be provided by the App Store Provider if you are concerned that your child may make excessive In-App Purchases.

6.6            If you make an In-App Purchase, that In-App Purchase cannot be cancelled after you have initiated its activation or download. In-App Purchases cannot be redeemed for money or other consideration or otherwise transferred. If you make any In-App Purchases in the App, then the App Store Provider’s terms and conditions applicable to In-App Purchases will also apply.

6.7            Some In-App Purchases will be sold as recurring subscriptions that give access to certain features or benefits for a specific period of time. The cost of each subscription will automatically be deducted at the beginning of each subscription term (so if you have purchased a monthly subscription then payment will be taken at the beginning of each 30 day period or if you have purchased an annual subscription then payment will be taken at the beginning of each 12 month period). You can cancel any future subscription payment at any time before the next payment is due to be taken by us.

6.8            If any In-App Purchase is not successfully activated/downloaded  or does not work once it has been successfully activated/downloaded, we will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement In-App Purchase or issue you with a patch to repair the fault. In no event will we charge you anything further to replace or repair the In-App Purchase. In the unlikely event that we are unable to replace or repair the relevant In-App Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorise the App Store Provider to refund you an amount up to the cost of the relevant In-App Purchase.

6.9            If any damage is caused to your device by any item purchased via an In-App Purchase, you are entitled to:

(a)             request that we repair the damage within a reasonable period of time; or

(b)            receive compensation from us for the damage caused to your device.

6.10         The price of an In-App Purchase will be charged to the debit or credit card registered to your account with the App Store Provider from whom you downloaded the App. All billing and transaction processes are handled by the App Store Provider from whom you downloaded the App and are governed by the App Store Provider’s terms and conditions. If you have any payment related issues with any In-App Purchases, you should contact the App Store Provider directly.

7.              INTERACTING WITH OTHER USERS

7.1            FRW allows you to interact with other users by creating or joining private leagues.

7.2            You are solely responsible for your interactions with other users and you agree to only do so in accordance with these Terms of Use. By way of example, and without limitation, you agree that when interacting with other users you will not:

(a)             defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other users;

(b)            upload or otherwise make available files that contain images, photos, software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;

(c)             upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;

(d)            advertise or offer to sell or buy any goods or services for any business purpose;

(e)            harvest or otherwise collect information about other users, including e-mail addresses, without their consent;

(f)             violate any applicable laws or regulations; or

(g)             create a false identity for the purpose of misleading others.

7.3            We have no obligation to monitor user interactions and you understand that when interacting with other users you may be exposed to content and/or material that you may consider offensive, indecent or objectionable and we will not be liable for any losses or harm you may suffer as a result. However, we reserve the right in our sole discretion to remove any content and/or material that we deem violates these Terms of Use.

7.4            If you suspect someone is violating these Terms of Use or misusing FRW, please let us know by contacting us using the details in paragraph 2 above.

8.              IN-GAME ADVERTISING

8.1            FRW may include third party advertising. If FRW includes any third party advertising, such third party advertising may operate as a link which, if tapped or clicked on by You, will take you away from FRW and to a third party’s website or page on the relevant App Store Provider’s app store. We make no warranties or representations whatsoever about any third party websites, apps or games which you may come across whilst playing FRW or any services that are provided by any such third parties. If you decide to tap on any such third party advertising, you do so at your own risk.

8.2            Please note that the third parties whose products and/or services are being advertised or promoted in FRW are responsible for those products and/or services as well as for the content of the advertisements for those products and/or services. Any websites, apps, games or pages linked to from any such third party advertising will be governed by the relevant third party’s own terms of service and privacy policy.

8.3            The inclusion of any third party’s advertising in the App or on the Website does not necessarily imply that we or FRW is affiliated to or associated with such third party advertiser.

9.              COMPETITIONS AND PRIZE DRAWS

9.1            We may offer entry into competitions and prize draws, and these may be subject to additional terms and conditions. Where such additional terms and conditions apply, this will be clearly notified to you and a link will be provided in order for you to read and accept the relevant terms and conditions before you enter the competition or prize draw.

10.            MAINTENANCE AND SUPPORT

10.1         Save as expressly set out in these Terms, we are solely responsible for FRW, including providing any maintenance and support for the App and the Website. In no event will the App Store Provider from whom you downloaded the App have any obligation to provide any such maintenance or support services in respect of the App. Please report any problems you encounter with the App to us via contact@bamgsports.com.

10.2         We do not guarantee that FRW will always be available or that it will be updated. You understand that we may discontinue FRW or make changes to FRW at any time for any reason or no reason without notice or liability to you. If we plan to discontinue FRW, we will endeavour to notify you of the discontinuance of FRW reasonably in advance of the date on which such discontinuance takes effect. 

11.            INTELLECTUAL PROPERTY RIGHTS

11.1         FRW and any and all features, content, materials and information made available via the App and/or the Website (including any In-App Purchases if applicable) belong to us and/or our licensors and are protected by intellectual property laws around the world. You do not own the App or Website nor any content you purchase in connection with any In-App Purchases you make.

11.2         Subject to your continued compliance with these Terms, we hereby grant to you a non-exclusive, non-transferable, non-sublicensable, personal, revocable, limited licence to access and use the App and the Website in order to play FRW and any content you purchase in connection with any In-App Purchases for your own personal, non-commercial entertainment.

11.3         You are only allowed to use the App and Website to play FRW for your own personal non-commercial purposes in accordance with these Terms and the App Store Provider’s terms and conditions/end user licence agreement. You are not allowed to copy or distribute or transfer or (except as expressly set out in these Terms or as permitted by the App’s functionality) communicate to the public the App or Website or any content within the App or Website or interfere with the normal operation of App or Website (e.g. you are not permitted to decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works from the App or Website or any updates or any part thereof, other than as permitted by applicable law). Notwithstanding these restrictions, any open source software components included in the App or Website will continue to be governed by the terms on which such open source software components are generally made available to the public by the relevant open source licensing entity.

12.            RIGHT TO CANCEL

12.1         If you live in the European Union you have certain rights to withdraw from distance purchases. When you purchase a licence from us to use items purchased via In-App Purchases, you acknowledge and agree that we will begin the provision of such items to you promptly once your purchase is complete (i.e. our servers validate your purchase and the applicable item is successfully credited to your account on our servers) and therefore your right of withdrawal is lost at this point.

13.            LIABILITY

13.1         We will endeavour to use reasonable care and skill in making FRW available to you.

13.2         Save for in respect of any content you purchase via any In-App Purchase, FRW and any services, content and materials made available through the App and/or Website are provided on an “as is” basis and we does not make any representation or warranty of any kind, either express or implied in relation to FRW or any services, content or materials made available through FRW including, without limitation, any warranties in relation to fitness for a particular purpose or in relation to quality, completeness, accuracy or reliability.

13.3         Whilst we will exercise reasonable care and skill to ensure that the App and Website and any items purchased via In-App Purchases and their content are virus free, we cannot guarantee this. We also not guarantee that FRW will always be available, be uninterrupted or secure. Accordingly, we urge you to take your own precautions in this regard (such as using anti-virus software). If any damage is caused to your device by the App or Website (or any items purchased via In-App Purchases made by you), you are entitled to:

(a)             request that we repair the damage within a reasonable period of time; or

(b)            receive compensation from us for the damage caused to your device.

13.4         Other than as expressly set out in these Terms, neither we nor any of our third party partners and/or licensors, including the App Store Provider, accept any liability (whether based in contract, tort or otherwise) for any claim, loss, liability, damage, cost or expense caused by you playing FRW or any content you purchase via any In-App Purchases that does not arise as a result of a breach by us of these Terms and is not reasonably foreseeable at the time you entered into these Terms. In no event will we or any of our third party partners and/or licensors be liable to you for any loss of profits that may arise as a result of your use of the App or Website or purchase of any content via In-App Purchases.

13.5         Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded, disclaimed or limited by applicable law.

14.            GENERAL

14.1         You acknowledge that these Terms are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to them. Notwithstanding the foregoing, you acknowledge and agree that the App Store Provider and each of its respective subsidiaries are third party beneficiaries of these Terms and therefore may enforce their respective rights under these Terms against you.

14.2         In the event that there is a conflict between these Terms and the App Store Provider’s terms and conditions, the App Store Provider’s terms and conditions shall prevail.

14.3         You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other person without our prior written consent.

14.4         If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.

14.5         If any part of these Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from these Terms and the remaining parts of these Terms will continue to be enforceable.

14.6         These Terms and any dispute arising out of or in connection with them (including any non-contractual claims) shall be governed by and construed in accordance with English law and you agree to submit to the non-exclusive jurisdiction of the English courtsunless the law in your country of residence allows you to choose the courts of that country for the dispute in question. Any matters arising between you and the App Store Provider shall be as set out in the App Store Provider’s terms and conditions.

Last Updated: 20 July 2020