1. About us

    1. This website is operated by EMKAO GmbH. We are a company registered in Germany under company number 268662 with our registered office at c/o HQ (3rd floor) Feringastr. 6, D-85774 Unterföhring. EMKAO GmbH are part of the AXXS Group (hereinafter referred to as "AXXS", "We", "Our" and "Us".)

    2. These General Terms and Conditions apply only to users within the territory of Germany.

    3. In these Terms and Conditions, we refer to anyone who uses or accesses our website or app as a "User" and anyone who participates in any of the games hosted on our app as a "Participant." By "Game Participation Fee" we mean any money paid by you to participate in a game. By "Winner" we mean any participant who wins a prize in a Game.

  2. About these terms and conditions

    1. These are the terms and conditions on which you
      i. may use this website https://axxs.sport;
      ii. may use the AXXS app (which we refer to in these General Terms and Conditions as the “App”);
      iii. are allowed to create an account; and
      iv. are allowed to participate in games.

    2. Each paragraph of these terms operates independently. If any court or relevant authority decides that any of them are unlawful, the offending paragraph will be deemed to be severed from these terms and the remaining paragraphs will remain in full force and effect.

    3. These General Terms and Conditions are made available on the AXXS website at https://axxs.sport/legal/de-en/terms-conditions.pdf and App. You may access these General Terms and Conditions and you may save, download and/or print a copy of them for your reference.

    4. We may make changes to these General Terms and Conditions from time to time. If we do so, we will notify any users with active accounts by email or through a notification in the App. You have the option to accept or reject the changes. If you agree to the changes, the changes will be effective on the date specified in the notice. If you do not agree to the changes by the date specified in the notice, AXXS may terminate the existing agreement with you and delete your account.

    5. If we change the rules of a game which you are currently participating in, we will notify you by email and you may have the right to terminate your participation and receive a refund for any affected games that you have participated in and paid for but have not yet completed.

  3. Registration

    1. Users can only enter or participate in a game after successfully registering on the App. An application to register is only valid after we have confirmed the registration in writing either on an acceptance page or by email.

    2. You may only have one account registered with AXXS. Any attempt to register for a new account by an individual who already has an account will be blocked.

    3. All participants must be natural persons at least 18 years old. You may only play in your own name and not in the name of
      i. another person,
      ii. a syndicate or a group of persons, or
      iii. a company of any kind.

    4. To register, you must provide the following information about yourself:
      i. Date of birth;
      ii. First and last name;
      iii. . Full address;
      iv. Mobile telephone number;
      v. Valid email address;
      vi. A password;
      vii. Bank account details;

    5. We will ask you to provide documentation to verify your age or identity before allowing you to play any games. We may suspend your account or refuse to accept your account registration where we have doubts about the accuracy of any of the details provided.

    6. If AXXS is unable to verify,
      i. Your name,
      ii. Your address or
      iii. That you are 18 years or older,
      either by utilising automated or manual processes, then your use of the website, the App and payment of funds will be blocked.

    7. You are responsible for ensuring that the information you provide to us is accurate and complete and for notifying us of any changes regarding the information you provide.

    8. You may delete your Player Account at any time in your Player Account or by sending an email to support@axxs.sport.

    9. When you create an account, you must keep your password and username confidential and not disclose either to anyone. You must not allow any other person to access AXXS using your login details. If you know or suspect that someone other than you has obtained knowledge of your user ID or password, you must notify us immediately at support@axxs.sport.

    10. Your account is personal to you and may not be assigned or otherwise transferred to another person. Your account may not be pledged or used as collateral. You may not allow any third party to use your account.

    11. By registering, you confirm to us that you:
      i. are at least 18 years old;
      ii. are a resident of Germany;
      iii. acting on your own account and not on behalf of someone else;
      iv. are not (or are not, to the best of your knowledge, about to be declared) bankrupt and have not been declared bankrupt or subject to debt restructuring or any similar procedure within the last six years;
      v. will not use any proceeds of crime, including but not limited to the proceeds of money laundering, to play any games on the App.
      vi. do not already have an account registered with AXXS.

    12. When you create an account, you are not required to participate in any game.

    13. You may not use the account:
      i. in a manner that is likely to interrupt, damage or otherwise impair AXXS's services or access thereto; or
      ii. For fraudulent purposes or in connection with a criminal offense or unlawful activity; or
      iii. to cause annoyance or inconvenience.

    14. We reserve the right to withhold our services from you or to terminate your Player Account if your conduct gives us reasonable cause to do so. This will be the case in particular if you violate applicable law, contractual agreements or our policies

    15. We have the right to disable or require that you change your username or password, whether chosen by you or allocated by us, at any time, if (i) in our reasonable opinion you have failed to comply with any of the provisions of these General Terms and Conditions; (ii) we have reason to believe that the security of your password or username has been compromised; or (iii) if username contains any words or content which are deemed by us to be inappropriate, illegal or offensive.

  4. Participation in games

    1. After your registration has been accepted and your account has been created and if your personal details are up to date, then subject to any other terms set out in these General Terms and Conditions, you may participate in games in the App. Whenever you enter into a game, a legally binding contract will be created between you and us at the point that we confirm to you either by email or through a notification in the App (where you are provided with both an email and a notification, the contract will be deemed to be formed at the time that you received the first of the two).

    2. By participating in a Game, you agree to be bound by the Game Rules as they may be set forth on the Game Website or in the App and these Terms and Conditions.

    3. Your participation in a Game will not be deemed accepted until we confirm to you either in the App or by email that a Game you have entered has commenced. If we are unable to accept your participation in a Game, we will inform you and will not charge you for your Game Participation Fee.

    4. We may, at any time where in our opinion it is reasonable to do so, cancel any game and cancel, return or otherwise unwind any transactions or payments that have been made in respect of that game.

    5. In the event that you breach these General Terms and Conditions or any specific rules relating to a game, we will have the right to cancel the contract that exists between us. If we choose to cancel that contract, your Game Participation Fee will be forfeited, your participation in the game will end and no refund will be made.

    6. The conditions for winning a prize are set out in the rules of that game, and may be set out on the webpage for the game or in the App. All winners will be determined by us, acting reasonably and in accordance with the relevant rules of the game.

  5. Game Participation Fee and payment

    1. The Game Participation Fees are stated in EUROS and includes VAT unless stated otherwise.

    2. If the rate of VAT changes between the date that you confirm your participation in a game and the date that the game commences then we will adjust the rate of VAT that you pay, unless you have already paid your Game Participation Fee in full before the change in the rate of VAT takes effect.

    3. It is always possible that, despite our best efforts, a Game Participation Fee may be incorrectly priced. We will normally check the value of a Game Participation Fee before accepting your participation so that, where the Game Participation Fee’s correct price at the date on which you confirm your participation in a game is less than stated, we will charge you the lower amount. If the Game Participation Fee’s correct price at the date that you confirm your participation is higher than the price stated to you, we will contact you for your instructions before we accept your participation. We do not have any obligation to make any payment in relation to a game where there has been an obvious error or mistake (including but not limited to the mispricing of a Game Participation Fee or a prize), or which you ought to know was an error or mistake, including any deliberate exploitation of a bug or error in our systems. If you discover a means by which you can guarantee that you will win a game or a prize or gain an unfair advantage you must not use that means and you must report your discovery to us.

    4. Our standard payment term for paying any amounts due to you is seven (7) days, or as may be set out in the description or rules of any relevant game.

    5. Any prize money which has been won will be paid directly into the winner's bank account, subject to paragraph 10.6 below.

    6. You can only participate in a game through a direct payment. All payments must be made in the stated currency of the game that you are entering through the AXXS App. If payment of your Game Participation Fee is not made prior to the start of the game, or if your payment is otherwise withdrawn or reversed by a payment processor, your participation in that game may be terminated by us. Your Game Participation Fee is non-refundable immediately upon receipt of payment. Statutory consumer rights remain unaffected.

    7. If you are in breach of your payment obligations, we may suspend your account and deny you access to the user area of the App and prevent you from participating in any games.

    8. Payments for participation in a game can only be made from a bank account or by debit card or such other payment method as we may indicate in the App that we accept where name of the user matches the name of the account holder. If a payment is attempted from an account where the names do not match, the payment may be rejected or returned by us with or without notice.

    9. Accounts will be kept open for 12 months. After a period of six months inactivity a reminder email will be sent to any active addresses on the account that funds are available for play. After 12 months, if we receive no further communication the abandoned funds will be donated to a charity organization of our choice.

    10. Any payment of prize money may be subject to a payment processing fee. The fee you are charged will never be more than the cost that we are charged to make the payment and we will notify you of the fee in advance. If we are unable to transfer prize money to your bank account or contact you within twelve (12) months after you have won a game, our obligation to pay you your prize money will lapse. In this case, the prize money will be donated to a charity of our choice.

    11. Any payments made to you may be subject to anti-money laundering checks. If we require any documents from you in order to complete these checks then we will confirm this to you at the time. If you cannot provide the documents which we request from you meaning that we are unable to lawfully make a payment then that payment will be dealt with in accordance with paragraph 10.6 below.

    12. Any prize money will be transferred directly to your bank account or to the specific account from which you initially purchased your game entry fee.

  6. Protection of customer funds.
    We hold customer funds separately from company funds in a separate bank account or in reserve funds that we maintain with our payment processors. These funds are not protected in the event of insolvency: we do not operate a protected segregation system.

  7. Use of the website and the App

    1. We do not guarantee that our website, App, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of our website and App for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. We do not guarantee that our website or App will be free from bugs.

    2. If you use our website or App in a malicious or unauthorised manner or in breach of these General Terms and Conditions, we may suspend your account and/or block your access to the user area of the App. We may also suspend or block your access in the event that any details that you have provided to us cannot be verified. If your account is blocked or suspended for these reasons then your participation in any games will be terminated and you will not be entitled to a refund for any Game Participation Fees that you have paid.

    3. The website and App are only provided for domestic and private use. You agree not to use our website for any commercial or business purposes.

    4. You may not use the website, App or our systems in such a way that damage is caused to our systems or digital infrastructure or that of any third party. You must not misuse our website or App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website or App, the server on which our website and App are stored or any server, computer or database connected to our website and App. You must not attack our website or App via a denial-of-service attack or a distributed denial-of service attack.

    5. You may not use the website or App to send or disseminate unsolicited messages, commercial messages, to offer products or to otherwise promote any other organisations, causes or businesses.

    6. You must refrain from acts that may disrupt the website, App or our systems. We may immediately terminate your contracts for games without a refund if we discover that you have disrupted the operation of our website, App or systems and we may also remove, suspend, block or delete your account.

    7. Your account is personal to you and may not be assigned or otherwise transferred to any other person. Your account may not be mortgaged or used as security. You may not allow third parties to make use of your account.

    8. We may need to make changes to the rules of any game to (a) reflect changes in relevant laws and regulatory requirements; (b) to implement minor technical adjustments and improvements, for example to address a security threat; or (c) to correct an error or mistake in the rules.

    9. You are responsible for configuring your information technology, computer programmes and platform to access our website and App. You should use your own virus protection software.

    10. You may only use the website and App in accordance with the laws of Germany.

    11. You agree to indemnify us, our parent company, our subsidiaries, affiliates, officers, agents, partners, and employees from any loss, liability, claim or demand, including reasonable legal fees suffered or made by any third party due to or arising out of or relating to your breach of these General Terms and Conditions and the consequences of your use.

  8. User generated content

    1. You may post contributions, comments, images and other content; send messages, suggestions and other communications to us; submit ideas, questions or other information (“User Generated Content”), as long as the content does not violate the provisions in Section 9.

    2. AXXS does not warrant that it will pre-screen User Generated Content. AXXS does not warrant that the Site will be free of User-Generated Content that is inaccurate, misleading, offensive, threatening, defamatory, unlawful or otherwise objectionable. We act only as a passive conduit for such distribution and assume no obligation or liability with respect to any User-Generated Content or User activity on the Site. Even in the event that AXXS decides to monitor User Generated Content, we assume no responsibility for, and have no obligation to monitor or remove, any such User Generated Content. AXXS reserves the right to edit, remove or refuse to post any User Generated Content.

    3. We reserve the right to remove or edit such content. If you believe that your intellectual property rights have been infringed by User-Generated Content or otherwise violated by our Services, please notify us by email. If we receive a notification of intellectual property or other rights infringement, we will make in good faith an effort to investigate the allegations. If we determine that infringement has occurred, we will remove the content from our Services.

    4. You are solely responsible for all User Generated Content that you post or submit. AXXS does not endorse any opinions expressed in User-Generated Content.

    5. We respect the intellectual property rights of others and prohibit users from posting content on the Site that infringes the intellectual property rights of others. If you believe that yours- or other’s work have been illegally copied and posted on the Website, please inform us at once.

    6. In the event that a claim is made against AXXS based on User Generated Content posted by you, you agree to indemnify and hold AXXS harmless from any and all damages (including reasonable legal fees) incurred by AXXS as a result of such claims.

  9. Rights to your content

    1. You warrant that: You own, have licensed, or otherwise control all rights to the content you post and submit; the content and material is accurate; and use of the content and material you post and submit does not violate any applicable provision of the Terms of Use, guidelines, or policies or cause injury to any person or entity.

    2. You grant and warrant that you have the right to grant AXXS a non-exclusive, nonrevocable, worldwide, transferable, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Generated Content in connection with the Services in any medium, whether alone or in combination with other content or materials, in any manner, process, or technology, whether now known or hereafter developed. This license is solely for the purpose of making the Services available to you and other users. To the extent necessary for that purpose, we may sublicense these rights, including but not limited to affiliates or third-party application providers associated with the Services. Because we also use service providers to assist us in providing the Services, you permit us to have User-Generated Content used by such service providers on our behalf foregoing purpose Except as separately granted herein, you retain all rights, including intellectual property rights, in User-Generated Content.

  10. Our rules

    1. The rules of each game are set out in detail on the App page for that game together with the prizes and the fees that we charge for entry into that game.

    2. All games incorporate these General Terms and Conditions into the contract that is created between you and us when your entry into a game is accepted.

    3. In the event of a conflict between these General Terms and Conditions and the rules of a game, the terms of these General Terms and Conditions shall prevail.

    4. If you breach the rules of any game or any of these General Terms and Conditions, we may terminate your participation in that game and any others in which you are participating and you will have no right to a refund or any compensation in respect of any Game Participation Fee you have paid or any prize or opportunity which you may have missed out on.

    5. Winners will be contacted by us via email or through a notification within the App.

    6. If,
      i. we, despite our reasonable efforts to do so, are unable to transfer prize money winnings to your bank account or contact a winner;
      ii. a winner fails to pass any of our age identity or anti-money laundering verification checks; or
      iii. a winner is found to be in breach of the rules of a game of these General Terms and Conditions,
      then that winner’s prize will be paid to a registered charity or social enterprise of our choice and we will owe no further liability to that winner in respect of that prize or that game.

    7. We may need to make minor changes to the rules of our games from time to time in order to reflect changes in relevant laws or regulatory requirements or to implement minor technical adjustments and improvements (for example to address a security threat). If we need to make any major changes to a game or to these terms or cancel a game then we will notify you and, as will be indicated in the notification, you may have a right to end your participation in a game and to claim a refund for your Game Participation Fee.

  11. Personal Data

    1. We will process any personal data you provide to us in accordance with relevant data protection (including but not limited to the General Data Protection Regulation (GDPR) laws and our Privacy Policy.

    2. We will ensure that all personal data is stored and processed using a level of security appropriate to the risks presented by the processing of personal data.

  12. Liability

    1. In the event of damage caused by intent or gross negligence, injury to life, body and health or non-compliance with a guarantee, AXXS is liable in accordance with the general statutory provisions. Liability under the Product Liability Act shall also remain unaffected.

    2. For damage caused neither intentionally nor by gross negligence if an obligation is breached, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation) AXXS’ liability shall be limited to such damages as may typically and foreseeably be expected to occur within the scope of such a contract.

    3. Any liability of AXXS except from the liability under 12.1 and 12.2 is excluded.

    4. If a force majeure event, which is any event beyond AXXS's control that prevents AXXS from fulfilling all or part of its obligations, including fire damage, floods, strikes and lawful lockouts, pandemics, and business disruptions or governmental orders which are not the fault of AXXS, would have a material and adverse effect on a game, we may decide to cancel that game. If we cancel a match due to force majeure, we will refund the Game Participation Fee you paid for that match. This refund will be paid directly to your account. No interest will be paid on refunds.

  13. Intellectual property

    1. All intellectual property rights to all materials on the website and our App (such as our name, our logos and any text or images or anything else) belong to us and/or our licensors. Those intellectual property rights are protected by trademark rights, copyright laws and treaties around the world. All such rights are reserved. You are only allowed to use our intellectual property for the purpose of accessing and using the website and App. You may not reproduce, copy or otherwise use our intellectual property rights or other materials, or make them available to third parties.

    2. You must not use any part of the content on our website or App for commercial purposes without obtaining a licence to do so from us.

  14. Closing an account or terminating a contract for a game

    1. We may suspend or terminate your account, your rights to use the website, the App and/or any contract under which a game is played and we shall have no obligation to give you a refund if: You materially breach any of these General Terms and Conditions or the rules of any game or you provide inaccurate, misleading or fraudulent information on opening an account or upon participating in a game.

    2. We may terminate your account, your rights to use the website, App and/or any contract under which a game is played and we shall refund you any amounts you have paid in respect of a game which has not yet completed if:
      i. we give you no less than 14 days’ notice in writing;
      ii. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to complete the opening of your account or that we need in order to allow you to participate in a game.

    3. You may close your account at any time through the participant area of the App. In the event that you do so, your participation in any games will end immediately and you will not have a right to a refund for any Game Participation Fees you have paid in respect of those games.

    4. You may terminate any contract for a game that you have by giving us an irrevocable notice by email to support@axxs.sport to end the contract immediately and you will be entitled to a refund of your Game Participation Fee in respect of that game if:
      i. we change the rules of the game in which you are participating or change any term of these General Terms and Conditions and such change to the Terms and Conditions has a material effect on the Game;
      ii. we breach any material term of the rules of the game in which you are participating or these General Terms and Conditions;
      iii. we run a game which you are participating in a way which does not match the rules of that game or these General Terms and Conditions in any material respect, or if we do not run the game with reasonable care and skill;
      iv. we have told you about a material error in the pricing or description of a game and you do not wish to proceed with your participation in the relevant game; or
      v. we have suspended our App or any games for a technical reason, or if we notify you that we are going to suspend them for technical reasons, in each case for a period of more than six (6) days.

    5. If you close your account or if a contract for a game is terminated by you or us, then unless we specify or agree otherwise or where the contrary is set out in these General Terms and Conditions, the cancellation or termination will be effective immediately once all games entered into by you have completed or otherwise ended. Termination of our contract shall not automatically give rise to a right to a refund of play money.

    6. In the event that a contract for a Game is terminated for whatever reason, your right of use of the App will cease with immediate effect and access to the Game or the Participant Area of the Website and the App will be suspended and/or blocked.

  15. Applicable law and choice of forum

    1. In the event of a dispute between you and us, we agree that we will, in the first instance, attempt to resolve the dispute together but if such attempts are not successful then a claim may be submitted to the relevant competent court.

    2. These terms and conditions are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

  16. Complaints and dispute resolution

    1. If you have a complaint about how the website or a game has been (or is being run) or about anything else related to our company, then please email us at complaints@axxs.sport. Our customer support department will be happy to help you with your concerns, problems or disputes. We will acknowledge your complaint within three (3) working days and will respond fully within ten (10) working days.

    2. The European Commission provides a platform for online dispute resolution, which you can access here: https://ec.europa.eu/consumers/odr/. We prefer to resolve your concerns in direct contact with you and therefore do not participate in alternative consumer dispute resolution procedures. If you wish to raise a concern with us, please contact us.

  17. Other

    1. You may not transfer your rights or your obligations relating to a game or your account to any other person.

    2. All contracts are between you and us. No other person shall have any rights to enforce any of its terms.

    3. Use of our website and App is subject to our fair use policy, which you can access here: https://axxs.sport/legal/de-en/fair-use-policy.pdf.

  18. Contact
    You may contact us on WhatsApp on +31 6 82774238 or in writing at EMKAO GmbH c/o HQ (3rd floor) Feringastr. 6, D-85774 Unterföhring or via email to support@axxs.sport. If we need to contact you, we will do so by telephone or in writing to the e-mail or postal address you provided to us when you placed your order.