1. About us
1.1. This website is operated by AXXS, an initiative of AXXS Gaming UK Limited (trading as AXXS), a limited liability company incorporated in England and Wales with company number 13086870 with its registered address at 2 Marylebone Road, London, NW1 4DF, the United Kingdom. In these General Terms and Conditions, “we”, “our” and “us” refer to AXXS.
2. About these terms and conditions
2.1. These are the terms and conditions on which you may (i) use this website (https://axxs.game/); (ii) use the AXXS app (which we refer to in these General Terms and Conditions as ‘the app’ or ‘our app’); (iii) create an account; and (iv) participate in contests.
2.2. AXXS is a free-to-play sports prediction game.
2.3. 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.
2.4. These General Terms and Conditions are made available on the AXXS website AXXS General Terms and Conditions and app. You may access these General Terms and Conditions and you may save, download and/or print one copy of them for your reference.
2.5. We may make changes to these General Terms and Conditions from time to time by updating this website or the app. If we do so, we will notify any users with active accounts by email or through a notification in the app. If we amend the rules of a contest in which you are currently participating, we will notify you by email as well as an in-app notification, and you may have a right to end your participation. We will tell you if you have a right to end your participation. Please see paragraph 6 and 8 of these General Terms and Conditions for more details.
2.6. In these General Terms and Conditions, we refer to anyone who uses or accesses our website or app as a “user” and anyone who participates in one of the contests hosted on our app as a “participant”. By “winner”, we mean any participant who wins a prize in a contest.
3.1. Users can only enter or participate in a contest 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.
3.2. 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.
3.3. In order to register and to be eligible to play a game, you must provide (and where applicable, we must be able to verify) the following details about yourself: 3.3.1. date of birth;
3.3.2. first and last name;
3.3.3. valid email address;
3.3.4. a password;
3.4. All participants must be natural persons aged at least 18 years. If you are under this age, you may not register on the app and you may not enter any contests. You may only play on your own behalf, and you may not play on the behalf of (i) someone else; (ii) a syndicate or group of individuals; or (iii) a business of any kind.
3.5. By registering, you confirm to us that you: 3.5.1. are at least 18 years old;
3.5.2. are a resident of the specific country you have indicated;
3.5.3. are acting on your own account and not on the behalf of someone else;
3.5.4. do not already have an account registered with AXXS;
3.6. We may at any time and for any reason suspend or terminate your registration or account.
3.7. You can contact us by telephoning our customer service team at +31 6 26718385 or by writing to us at email@example.com or 2 Marylebone Road, London, NW1 4DF, the United Kingdom. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3.8. By creating an account, you are not under any obligation to participate in a contest. Any contests that you enter or participate in, you do so entirely at your own volition and choice.
3.9. If you create an account must treat your password and username as confidential and you must not disclose it either to any third party. You must not allow any other person to access AXXS using your login details. If you know or suspect that anyone other than you learn of your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
4. Participation in contests
4.1. 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 contests in the app. Whenever you enter into a contest, a legally binding contract will be created between you and us.
4.2. By participating in a contest, you indicate your acceptance to the rules of that contest as may be set out on the webpage for the contest or in the app and these General Terms and Conditions.
4.3. Your participation in a contest will only be deemed to be accepted when we confirm to you in writing (which may be in the app or by email) that a contest you have entered has commenced. If we are unable to accept your entry into a contest, we will inform you of this in writing. We might be unable to accept your entry for a number of reasons, including but not limited to us identifying an error in the description of the contest or where we have identified an unusual activity in respect of a contest. Until we have confirmed to you that your entry is successful, we owe you no obligations in respect of that contest and no contract will exist between us.
4.4. Once you have entered into a contest you do not have any right to change your mind or to withdraw your entry, except as is set out within these terms and conditions.
4.5. We do not guarantee that you will be able to enter any contest listed in our app.
4.6. We may, at any time where in our opinion it is reasonable to do so, cancel any contest.
4.7. In the event that you breach these General Terms and Conditions or any specific rules relating to a contest, we will have the right to cancel the contract that exists between us. If we choose to cancel that contract, your participation in the contest will end and you will be informed by e-mail.
4.8. All winners will be determined by us, acting reasonably and in accordance with the relevant rules of the game (as interpreted by us).
5. Use of the website and app
5.1. We do not guarantee that our website, app, or any content on it, will always be available or be uninterrupted. We may suspend or 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.
5.2. 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 contests will be terminated and you will be notified by e-mail.
5.3. 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.
5.4. 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 including but not limited to 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.
5.5. 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.
5.6. You must refrain from acts that may disrupt the website, app or our systems. We may immediately terminate your contracts for contests 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.
5.7. 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.
5.8. We may need to make changes to the rules of any contest 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.
5.9. 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.
5.10. You may only use the website and app in accordance with the laws of England and Wales.
5.11. By using the AXXS website or app, creating an account or entering into a contest, 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 or your use of our website or app.
6. Rules of our contests
6.1. The rules of each contest are set out in detail on the app page for that contest together with the prizes for that contest. You may further consult our AXXS Game Rules page.
6.2. All contests incorporate these General Terms and Conditions into the contract that is created between you and us when your entry into a contest is accepted.
6.3. In the event of a conflict between these General Terms and Conditions and the rules of the game or the rules of a contest, the terms of these General Terms and Conditions shall prevail.
6.4. If you breach the rules of any contest or any of these General Terms and Conditions, we may terminate your participation in that contest and any others in which you are participating, and you will have no right to any prize or opportunity which you may have missed out on.
6.5. Winners will be contacted by us via email or through a notification within the app.
6.6. If: (i) we, despite our reasonable efforts to do so, are unable to contact a winner; (ii) a winner fails to pass any of our age identity verification checks; or (iii) a winner is found to be in breach of the rules of a contest of these General Terms and Conditions, then the prize will be deemed to be forfeited.
6.7. We may need to make minor changes to the rules of the game or rules of our contests 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 contest or to these terms or cancel a contest then we will notify you and, as will be indicated in the notification, you may have a right to end your participation in a contest.
7. Personal data
7.2. 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.
8.1. Subject to the below, if we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking this contract or our failing to use reasonable level of care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew that it might happen.
8.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
8.3. Subject to 8.1 and 8.2, our liability to you arising under or in connection with these Terms and your use of the App shall not exceed £250.
8.4. We are not obliged to fulfil any obligation, including any statutory and/or agreed guarantee obligation, if we are prevented from doing so by any applicable law or any events outside of our control, including where anything prevents a contest (or any event upon which a contest is predicated) from taking place or anything which might prejudice its outcome (including but not limited to any underlying sports matches upon which a contest is based being cancelled, postponed, abandoned or is otherwise prevented from taking place or is unduly prejudiced by outside events). This includes but is not limited to any events caused by:
a. circumstances beyond our reasonable control or that of our suppliers;
b. defective goods, equipment, software or materials which impinge upon the use of the website, the app or any of our systems;
c. any government or regulatory measures or any new laws which would impact any contest or the operation of the website, app or AXXS as a company;
d. power failures;
e. disruptions of the internet, data network or telecommunication facilities;
f. epidemics, pandemics and natural disasters;
g. a strike by our personnel or employees; and
h. transport problems or strikes.
We refer to these events as “force majeure events”.
8.5. If, in our view, acting reasonably, a force majeure event would have a material and adverse impact upon a contest, we may choose to cancel that contest.
8.6. As our website and app is intended only for non-business users, we shall owe no liability to any users or participants for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.7. We are not responsible or liable for any losses resulting from any: 8.7.1. technical malfunction, failure or destruction of outside of our control, including to all or part of our IT systems or records, any systems operated by third parties upon which we rely (including but not limited to the failure of any telephone or communication networks or lines, computer systems, servers, hardware, software or a failure due to technical problems on the internet) or any failure, error or erroneous communication caused by a virus, DDOS attack, hack, worm or a software or hardware error;
8.7.2. downtime to the website, our app or our systems due to planned or unplanned maintenance. In the event that any such disruption or maintenance occurs and prevents you from participating in a contest or from changing your participation in a contest, we will not be liable for any loss which might result from such interruption;
8.7.3. taxes which you may need to pay on any prize or winnings which you earn through a contest. You are responsible for reporting any winnings required by law or any regulator or authority;
8.7.4. damage caused to your computer, devices or systems by any viruses, worms, logic bombs or other damaging components on our website or app. You should run antivirus software on all devices, and it is your responsibility to keep such software up to date;
8.7.5. any refusal to allow a person to enter a contest for any reason;
8.7.6. errors caused by incorrect or inaccurate automatic processing, including the selection of a winner of a contest, or our records or any third-party records upon which we rely;
8.7.7. any errors caused by a data entry error, a manual error (including incorrectly entered details or ticket pricing information) or where problems occur in the software or hardware used by us to run our website, app or a contest and where such an error does occur:
a. we shall not be liable to pay any prizes in respect of any contests affected by such an error and we may cancel a contest and/or deem any affected tickets void;
b. where we notice such an error before the contest is due to take place where possible we will attempt to inform all affected participants and allow them to choose whether to continue with their entry upon the corrected terms; or
9. Intellectual property
9.1. 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 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.
9.2. 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.
10. Closing an account or terminating a contract for a contest
10.1. We may suspend or terminate your account, your rights to use the website, the app and/or any contract under which a contest is played, and we shall have no obligation to you if: 10.1.1. You breach any of these General Terms and Conditions or the rules of any contest;
10.1.2. You provide inaccurate, misleading or fraudulent information on opening an account or upon participating in a contest; or
10.1.3. we give you no less than 14 days’ notice in writing;
10.1.4. 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 contest in accordance with paragraph 3 above;
10.2. In the event that you wish to close your account you may do so by contacting us via e-mail, your participation in any contests will end immediately.
10.3. You may terminate any contract for a contest that you have by giving us irrevocable notice by email to email@example.com to end the contract immediately if: 10.3.1. we change the rules of the contest in which you are participating or any term of these General Terms and Conditions and we believe that that change would have a material effect upon the contest;
10.3.2. we breach any material term of the rules of the contest in which you are participating or these General Terms and Conditions;
10.3.3. we run a contest which you are participating in in a way which does not match the rules of that contest or these General Terms and Conditions in any material respect, or if we do not run the contest with reasonable care and skill;
10.3.4. if we have told you about a material error or description of a contest and you do not wish to proceed with your participation in the relevant contest; or
10.3.5. if we have suspended our app or any contests 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.
10.4. If you close your account or if a contract for a contest 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 contests entered into by you have completed or otherwise ended.
10.5. In the event that a contract for a contest is terminated for whatever reason, your right of use of the app will terminate with immediate effect and access to the contest or the participant area of the website and app will be suspended and/or blocked.
11. Applicable law and choice of forum
11.1. These terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
11.2. 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.
12. Complaints and dispute resolution
12.1. If you have a complaint about how the website or a contest has been (or is being run) or about anything else related to our company, then please email us at firstname.lastname@example.org. Our customer support department who 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.
12.2. These Terms shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute between them arising under or in connection with these Terms or the App, save that if you live in Scotland, Northern Ireland or the Republic of Ireland you can bring legal proceedings in the courts of the country in which you live if you wish, but for the avoidance of doubt the governing law shall remain the law of England and Wales.
13. Links to other websites
13.1. Where our website or app contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
13.2. We have no control over the contents of those websites or resources.
14. User generated content
14.1. This website and our app may include information and materials uploaded by other users of the website or app, such as bulletin boards, chat rooms or in user profiles. This information and these materials have not been verified or approved by us. The views expressed by other users on our website or app do not represent our views or values.
14.2. If you wish to complain about content uploaded by other users, please contact us via the method indicated on the website or the app.
15. Other terms
15.1. We may transfer any contracts we have with you to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2. You may not transfer your rights or your obligations relating to a contest or your account to any other person.
15.3. All contracts are between you and us. No other person shall have any rights to enforce any of its terms.
15.4. Use of our website and app is subject to our fair use policy, which you can access here: AXXS Fair Use Policy.