1. Acceptance of this Agreement
By opening an account with 247CLASH, you, the “customer”, are entering into an agreement with Brandpod Inc. doing business as “247CLASH”. The following General Terms and Conditions are those binding to that agreement. By using our website or subscribing to any of our software or programs, customer also are consenting to our Privacy Statement and consent to our collection, use and disclosure of customer’s personal information in accordance with the Privacy Statement.
2. Account Eligibility
- To become a member of 247CLASH customer must be eighteen (18) years of age. 247CLASH reserves the right to request proof of age documentation from any customer at any time.
- Only one 247CLASH account is permitted per person, per household or computer environment.
- A “household” includes the same geographic address, mailing address, deposit/withdrawal address. A “computer environment” is one where multiple computers are on the same server or network. It can also refer to a sequence of IP addresses registered to the same host. A player can register using a PO Box number, but it must be part of their residential address that can be independently verified. The PO Box must be accompanied by a street address, rural route, or service road number. 247CLASH may in its sole and absolute discretion permit an additional account.
- If a player is found or suspected of being in breach of either 2(a) or 2(b), then the player’s account could be permanently closed, all prizes forfeited, and any deposits made will be immediately refunded to the original source.
- 247CLASH does not provide services to people entrusted with prominent public functions or their close relatives. By opening an account with 247CLASH customer warrant that customer is not an elected political figure or public official of prominence nor is customer the close relative of such a figure. Politically exposed persons will have their account closed and risk their prizes being void.
- When creating an account at 247CLASH, members agree to waive any rights to accrued interest on the balance of their deposits.
- All financial transactions are processed by Brandpod Inc., a company incorporated pursuant to the laws of Canada, 585 Lakeside Dr. Harrow ON, N0R 1G0.
- By accepting these General Terms & Conditions when opening an account and/or logging into customer’s existing account via the website; customer hereby agree that we shall be entitled to conduct, from time to time, any and all such identification, credit and other verification checks; that we may require, and/or are required by applicable laws and regulations, and/or by the relevant regulatory authorities for use of the Website and our products generally.
3.Trademarks & Intellectual Property
- a. All software, websites, trademarks, marks, designs, trade names, logos, copyright and other intellectual property (“intellectual property”) used by customer are the property of Brandpod Inc. Customer’s use of intellectual property is restricted to a non-exclusive license for customer’s account subscription and for personal use only in accordance with this Agreement and such other policies as 247CLASH adapts from time-to-time(“limited license”). The use of such intellectual property otherwise is strictly prohibited unless prior consent is obtained in writing from Brandpod Inc., such consent may be unreasonably withheld.
- For greater clarity, customer may not:
- install or load the Software onto a server or other networked device or take other steps to make the intellectual property available elsewhere;
- sub-license, assign, rent, lease, loan, transfer or copy intellectual property or customer’s limited license;
- translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the intellectual property;
- copy or translate any user documentation provided ‘online’ or in electronic format;
- reverse engineer, decompile, disassemble, modify, adapt, translate, make any attempt to discover the source code of any intellectual property;
4. Third Party Betting
Customer’s account with 247CLASH is personal to customer and is made available on that basis only. While it is acceptable for players to use third party services to inform and shape their own contest decisions, players are not allowed to enter contests on behalf of a third party nor under the instruction of a third party. Players entering contests for third parties or under the instruction of a third party put their prizes at risk of confiscation.
5. Withdrawals
- 247CLASH may restrict a customer’s ability to deposit or withdraw more than $10,000.00 CAD in one transaction. 247CLASH may impose such conditions on a withdrawal of over $10,000.00 CAD as it determines in its absolute and sole discretion is necessary.
- A customer may wish to voluntarily restrict or reduce their deposit or limits through the 247CLASH customer service center. If this is the case it is our policy to set a waiting period of at least 24 hours before making any further changes to these restrictions or reverting to the original limits. In cases where a customer reduces their deposit limits to $0.00, the waiting period before further changes can be made increases to 6 months.
- Any withdrawal of $50.00 CAD or less will be subject to a $10.00 CAD fee.
6. Dormant Accounts
Customer accounts are dormant if there has been no activity for 18 months. After 17 months of inactivity, a customer will be notified that their account is almost dormant. A dormant account shall be subject to a $5.00 fee per month until the account becomes active or until the account balance reaches $0.00.
7. Restricted or Closing Accounts
- Account usernames shall meet such criteria as 247CLASH establishes from time- to-time and 247CLASH may require that a username be changed if in its sole and absolute discretion it determines that the username is obscene, indecent, or offensive or otherwise inappropriate.
- If a customer wishes to close their account permanently, they should contact 247CLASH about implementing a process of self-exclusion.
- 247 CLASH is committed to protection of players through responsible gaming policies that ensure anyone with a gambling problem is permanently excluded from accessing the products and services on this site. To that end, any player excluded because of a gambling problem who attempts to open or access an account will have any prizes donated to a charity of the Brandpod Inc’s choosing and their unauthorized deposits held for a 6 month cooling-off period.
- Withheld deposits will always remain the property of the player and the cooling-off period is purely there to give the player time to seek intervention for a recurrence of their problem. Withheld funds may be released to a responsible family member on provision of proof of identity.
8. Compliance with Laws
- Customer’s membership with 247CLASH shall be governed by and construed in accordance with the laws applicable within the Dominion of Canada.
- It is customer’s sole responsibility to ensure that customer’s participation in any games offered on the 247CLASH website complies with all laws applicable in customer’s province. 247CLASH, its agents and its affiliates accept no liability for any losses, damages, costs, lawsuits, proceedings, or legal consequences that customer may incur because of customer’s participation in any programs on the 247CLASH website.
- Members represent and warrant that their use of 247CLASH is solely for personal entertainment and acknowledge that any activities outside the intended use are strictly prohibited. Any illegal or suspicious or criminal activities by members shall be reported to the relevant legal enforcement authorities.
- All transactions may be reviewed to ensure compliance with relevant legislation.
9. Release of liability
- 247CLASH, its respective officers, directors, employees, agents, successors, assigns, licensors, suppliers, third-party information providers (“Releases”) shall not, in anyway, be responsible for any manner of actions, causes of actions, suits, damages, debts, dues, accounts, bonds, covenants, contracts, claims, demands, assessments, reassessments, and judgements of any manner whatsoever incurred by customer(“Claims”) with respect to:
-Customer’s use of the program or website;
-Customer’s inability to use the program or website;
-Customer’s failure or malfunction of any software, program or website, communication, broadcast, etc.; - Customer’s reliance on any materials contained on this Web site; or Any goods or services advertised or linked to this web site, even if 247CLASH is aware of the possibility of such damages, acted negligently, or if the exclusive remedies stated here in fail in their essential purpose.
- Customer further agrees to indemnify, defend, and hold harmless Releases from any Claims with respect to the foregoing.
- 247CLASH is not required to provide redundant or back up networks and/or systems.
- To the fullest extent possible pursuant to applicable law, the site, all software, and the materials are provided on an “as is” and “as available” basis. 247CLASH and its software providers expressly disclaim all warranties of any kind, whether express, implied, or statutory including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that this web site or the materials are completely error-free, will operate without interruption, are compatible with all equipment and software configurations, free of viruses, errors, or other harmful components, or will otherwise meet customer’s needs.
- Customer acknowledges and agrees that computer systems are vulnerable in varying degrees to computer viruses, bugs, power disruptions, communication line disruptions, Internet access failures, Internet content failures, attacks by hackers and other problems. We have taken reasonable steps so that such problems will not materially affect our business, but do not guarantee that the site is immune to such problems. It is customer’s responsibility to protect customer from such problems. Steps customer may consider taking to mitigate the vulnerability of customer’s computer system include using firewalls, password protection, and anti-virus programs.
- Any taxes, HST, GST, excise taxes or any other tax, fee, penalty, or interest charged by a government entity is the sole responsibility of the customer.
10. Account Disputes
- Any complaint will be sent to [email protected] within 3 days (72 hours) of the issue. No claims will be considered outside of this period. A player complaint will be sent from the player’s email address listed on their account and will also be examined and addressed by 247CLASH. Claims or complaints will be responded to within 5 business days.
- In the event of any dispute between a member and 247CLASH, both parties shall refer to the data from 247CLASH’s servers as an accurate and indisputable record of the facts.
11. Amendments
- 247CLASH reserves the right to suspend, modify, remove, and/or add any service at its sole discretion with immediate effect and without notice and 247CLASH will not be liable for any such action.
- 247CLASH may change, suspend, or discontinue any aspect of its services at any time, including the availability of any site features, broadcast, database, or content, where 247CLASH has commercial or technical reasons to do so. 247CLASH may also impose limits on certain features or services or restrict a member’s, or household’s, access to parts or the entire site for similar reasons.
- By continuing to use 247CLASH’s programming and website, customer agree that any such changes are reasonable and acceptable. If customer determine otherwise, customer may close customer account at any time and customer’s personal information will be handled in accordance with our privacy policies in place.
12. Privacy Policy
By using these programs, customer has consented and agreed to 247CLASH’s Privacy Policy published on 247CLASH’s website, which forms a binding part of this Agreement.
13. Entire Agreement
This is the entire agreement between the parties.
6. Waiver
Neither party will be deemed to have waived the exercise of any right that it holds under this Agreement unless that waiver is made in writing.
7. Term
This Agreement is effective from the moment of acceptance by clicking on the “I agree” button and shall remain in force indefinitely unless terminated in accordance with this Agreement.
8. Governing Law
The construction, validity and performance of this Agreement will be governed by the laws applicable within the Dominion of Canada.
9. language/langue
The English language version of this Agreement will prevail over any other language version. Vous avez choisi être servis en anglais et la version anglaise de ce document se prévaudra.
10. Severability
Each provision of this Agreement is distinct and severable. If any provision of this Agreement, in whole or in part, is or becomes illegal, invalid, or unenforceable in any jurisdiction by a court of competent jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect:
- the legality, validity, or enforceability of the remaining provisions of this Agreement; or
- the legality, validity, or enforceability of that provision in any other jurisdiction.
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