TERMS AND CONDITIONS

1. Definitions

1.1 In these general conditions the herunder mentionned terms have the following meaning:

– “Account”: the set of personal registration data and login data.

– “General Terms and Conditions”: these general terms and conditions, including its appendices, if any, which apply integrally and exclusively to the access to and use of Tifogame.

– “Availability:” the period of time during which Tifogame and/or the Account are accessible to the User. Periods of announced maintenance sessions are not counted in determining total Availability.

– “Tifogame” means the online platform made available to the User by Tifogroup, as well as the related enhancements, extensions, maintenance, support and modifications.

– “Intellectual Property Rights” means all acquired and future intellectual property rights, including but not limited to copyrights, trademarks, design rights, patents, know-how, trade secrets, all applications for the protection or registration of the aforementioned rights and all extensions and renewals thereof existing anywhere in the world, and all other intellectual property rights protected by applicable law.

– “User”: the person who creates an Account and uses Tifogame and with whom the present Agreement is thus concluded.

– “User Data”: any data uploaded by the User himself on Tifogame.

– “Agreement”: the agreement concluded between Tifogroup and the User through the latter’s acceptance of the Terms and Conditions.

– “Force Majeure”: any event or circumstance beyond the reasonable control and without fault of the affected party, which temporarily or permanently prevents the affected party from (further) fulfilling its contractual obligations. Such events or circumstances include, but are not limited to: riots, wars, acts of terrorism, earthquakes, floods, fires and other natural disasters, sabotages, strikes, epidemics or pandemics, interruptions and malfunctions of computer facilities, etc.

– “Prize” means that which a User may win if they win a prediction contest and as further specified on a prediction contest Page.

– “Tifogroup”: Tifogroup BV, with registered office at 8400 Ostend, Kuipweg 13, Belgium, and with company number 0686.636.274.

– “Confidential Information” means any information that is considered confidential by the parties, either because Tifogroup has clearly identified it as confidential or proprietary, or because the information should reasonably be considered confidential given the nature of the information or the circumstances. Confidential Information includes, but is not limited to, information not generally known to the public, such as trade secrets, know-how, business plans and strategies, personnel data and financial information.

– “Prediction Contest” means any contest, in the form of predictions, made accessible to the User on Tifogame, through which one or more Prizes may be won by the Users.

 

2. Conditions for registration 

2.1 Registration on Tifogame is only permitted to natural persons who are legally competent and who have reached the full age of 16.

2.2 Upon registration, the User is asked to provide a valid email address, a unique username, a password, a first and a last name. The User guarantees that he or she will provide the correct information. In addition, the User guarantees that the username is not contrary to public order or morality, which implies that the username may not contain, among other things, any defamatory, threatening, abusive, racist, discriminatory, terrorist, vulgar, pornographic or hateful content.

2.3 Each natural person is entitled to a maximum of one Account. The creation or management of multiple Accounts by the same User is not permitted.

2.4 Tifogroup has the right to block an Account temporarily or permanently, without the User being able to exercise any right against Tifogroup, if it is established or if Tifogroup has a reasonable suspicion that:

– A User has not reached, or had reached, the full age of 16 at the time of registration.

– The communicated information referred to in the second paragraph is incorrect or if the user name is in violation of the second paragraph.

– A User has created or manages more than one Account.

2.5 By the conclusion of the Agreement, the User is deemed to accept these General Terms and Conditions and therefore to completely waive the application of its own general terms and conditions.

3. Participation in Prediction Contests and winning Prizes

3.1 The User can play various Prediction Contests through Tifogame. Each Game has its own theme linked to a company, partner, sponsor or advertiser.

3.2 As soon as the User has a valid Account which complies with the conditions as set out in Article 2, the User obtains the possibility to participate in these Contests.

3.3 Participation by a User in a Contest is also free.

3.4 The User can always participate in each Contest as long as the participation period is still running. After the end of the participation period, the possibility to participate in the Contest is closed.

3.5 In order to participate in a Contest, the User must enter a prediction on the relevant Contest page. Participation in a Contest is only valid once participation is explicitly confirmed via a confirmation box. In the event that this box does not appear for any reason, or if any other problem arises while participating in a Contest, the User should contact Tifogroup (info@tifogame.be) on their own initiative, in order to verify whether or not the entry has been recorded in the system. Failing this, neither Tifogroup nor its contractual partners can be held liable if the participation was not recorded in the system for any reason whatsoever, and the User will not be able to claim any Prize even if he/she would have won the Contest with a valid participation.

3.6 The final results of a Match are those confirmed by the official bodies (such as the Pro League or other football associations). In exceptional cases, results are modified or deleted by the relevant authority. In these cases, Tifogroup reserves the right to decide on a discretionary basis to adjust or retain the results.

3.7 Following the conclusion of a Contest, the winner or winners will be notified by Tifogroup via email to the email address provided. A second e-mail will be sent giving further information on the prize and the winner will also be informed by a third e-mail of the method and time limit for claiming the Prize.

3.8 It is the winning User’s sole responsibility to claim the Prize in the manner and within the timeframe set out in the email referred to in the previous paragraph. Failure to comply with such instructions or deadline will deprive the winning User of the right to obtain the Prize and Tifogroup reserves the right to distribute the Prize to another participant.

4. Obligations of the User 

4.1 The User guarantees that he will not commit the following acts:

– Any attempt to defraud, distort or mislead the normal course of a Prediction Contest, whether by technical means or otherwise.

– Committing, using Tifogame or not, infringements on Intellectual Property Rights as referred to in Article 5, or on the publicity or privacy rights of any (third) party.

– Remove or obscure the name or logo of Tifogroup, Tifogame, or any other commercial designation applied by Tifogroup.

– Store or distribute content through Tifogame that is defamatory, threatening, abusive, racist, discriminatory, terrorist, vulgar, pornographic or hateful.

– Entering malware, spyware, viruses, Trojan horses, worms or similar software that may damage Tifogame or the system or computer of other users or any other third party.

– Attempting to modify, violate or circumvent any security or authentication measures of Tifogame.

– Without authorization, provide false identification information or impersonate another user to gain access to any Account, computers or networks related to Tifogame.

– Interfere with the operation of Tifogame, such as through an (automated) system.

– Accessing parts of Tifogame for which the User is not authorized.

– Other activities that are illegal or violate the rights of others.

4.2 The User is solely responsible for maintaining the confidentiality of his registration data and login data relating to his Account. He therefore undertakes to observe the following measures:

– The User acknowledges that the registration data and login data relating to his Account are strictly personal and therefore may not be passed on to any other person, nor may they be written down or stored in an unsecured digital file.

– The User must act with discretion when entering his Account login details.

– The User may not authorize third parties to use his/her device while he/she User is still logged into his/her Account through that device.

– The User must reasonably secure the device he or she is using for the purpose of using Tifogame.

4.3 If a third party obtains access and/or control to the Account and/or performs any act related to the Account, and this is due to the User’s violation of the above measures, Tifogroup shall not be held liable for this. In addition, if such unauthorized access, control and/or action by a third party due to the non-compliance of the aforementioned measures is accompanied by an unauthorized use by such third party of Tifogame in violation of Section 4.1, the User shall indemnify Tifogroup for this in accordance with Section 8.

4.4 In the event of a breach by the User of this Article, Tifogroup shall be entitled to suspend the User’s access to his Account without notice until the breach is remedied by the User, or to permanently block the Account and/or ban the User from Tifogame.

5. Intellectual Property Rights

5.1 The User acknowledges that the Intellectual Property Rights relating to Tifogame and the related designs, software, logos, slogans, studies, drawings, sketches, photographs, business plans and strategies, websites, texts, know-how and other methodologies belong integrally and exclusively to Tifogroup. The User only acquires the exclusive, worldwide and fee-free right to use his personal Account in accordance with these General Terms and Conditions.

5.2 Unless otherwise stipulated or permitted by mandatory law, the User may not reproduce, publicly communicate, decompile, modify, translate, sell, otherwise commercially exploit or perform any other proprietary act in relation to the items mentioned in the previous paragraph, in whole or in part, without the prior written consent of Tifogroup.

5.3 Furthermore, the User is not allowed to store the items mentioned in the first paragraph in a database, except for the automatic caching of these items by the browser.

5.4 The User declares that he is either the owner of the User Data, or that he has obtained the consent of the holders of the respective Intellectual Property Rights for its use. Tifogroup disclaims any responsibility in this regard.

5.5 Notwithstanding anything to the contrary, Tifogroup shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of The Tifogame platform, the Account and the User Data, and Tifogroup shall further have the non-exclusive, royalty-free and worldwide right (during and after the term of this Agreement) to use the aforementioned information:

– To provide normal operation of Tifogame. This implies e.g. that the username and profile picture of the User must be stored by Tifogroup so that they can be correctly displayed.

– To improve Tifogame and for other development, diagnostic and corrective purposes related to Tifogame.

– For the purpose of publication or use otherwise to promote Tifogroup’s commercial activities (e.g. on the website or on social media channels), in which case the data concerned will be pseudonymized, aggregated or anonymized to the extent possible.

 

6. Liability 

6.1 The User shall use Tifogame and the Account in accordance with any instructions, manuals or other documentation made available by Tifogroup, or which are reasonably common or customary. Tifogroup shall not be liable for any damages resulting from the User’s incorrect use of Tifogame

6.2 Tifogroup makes all reasonable efforts to provide an adequate level of Availability of Tifogame and the Account, and in the event of any Non-Availability, Tifogroup makes all reasonable efforts to resolve the problem as soon as possible. However, Tifogroup does not warrant that Tifogame or the Account will be uninterrupted or error-free. Except as expressly provided otherwise, Tifogame and the Account are made available as defined under “Availability” and in the condition in which they are.  Accordingly, Tifogroup disclaims all warranties, express or implied, including, but not limited to, warranties of Availability, quality and fitness for a particular purpose.

6.3 Except in the case of wilful misconduct, Tifogroup, its bodies, employees, agents and affiliates shall not be liable for, or liable to pay, any damages for any intangible, indirect or consequential loss or damage including (without limitation) loss of profits, revenues or income, administrative or staff costs, increased overheads, claims by third parties, damage caused by errors, misstatements, omissions or ambiguities in any text or documentation provided. Tifogroup shall not be liable to the User for gross or intentional misconduct by employees, freelancers, collaborators and/or representatives in the exercise of their professional activities.

6.4 Except in the case of wilful misconduct, the aggregate contractual and extra-contractual liability of Tifogroup, its bodies, employees, agents and affiliates for all claims arising during the term of the Agreement shall at all times be limited to the amount for which Tifogroup is insured.

6.5 If Tifogroup, its bodies, employees, self-employed persons and affiliated companies are prevented by Force Majeure of a permanent or temporary nature from performing or continuing to perform the Agreement, whether or not the Force Majeure was foreseeable, Tifogroup shall in no event be liable for it. Furthermore, Tifogroup will in that case be entitled, without any obligation to pay damages, to terminate the Agreement in whole or in part by means of a written notice without judicial intervention.

6.6 Any claim by the User for damages against Tifogroup (including its directors, partners and affiliated persons or entities) will lapse by operation of law if it is not brought before the competent court within a period of one year after the facts on which the claim is based were known to the User or could reasonably have been known to the User.

7. Duration and termination  

7.1 The Agreement is entered into for an indefinite period. The User may terminate the Agreement at any time by discontinuing his Account.

7.2 The User acknowledges that the following circumstances will give rise to the termination of the Agreement by operation of law to the detriment of the User, unless Tifogroup waives this termination in writing and pursues the performance of the Agreement, to which Tifogroup is entitled:

– Any breach of Sections 4 through 5.

– Any other breach of the terms of the Agreement which the User does not remedy within 15 days after the User has been given written notice to do so by Tifogroup.

7.3 All parts of this Agreement which by their nature survive termination shall survive termination, including, but not limited to, confidentiality obligations, disclaimer of warranties and limitation of liability.

 

8. Indemnification

8.1 The User agrees to indemnify and hold Tifogroup, its bodies, employees, independent contractors and affiliates harmless from any and all claims, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising out of or alleged to result from conduct that violates any provision of Sections 4 through 5.

9. Protection of personal data

9.1 Tifogroup processes the personal data of the User as the controller. The grounds for processing used by Tifogroup are the need to perform the contractual task, the need to perform a legal obligation and the legitimate interest.

9.2 Personal data will not be kept longer than necessary. In doing so, the applicable legal limitation periods will be taken into account.

9.3 The personal data will only be processed internally or with the help of some processors that assist the firm in the performance of its mission such as an IT company using the software packages provided for that purpose.  The necessary guarantees were obtained with each processor in accordance with the GDPR. The data is not processed outside the EU.

9.4 Tifogroup takes appropriate technical and organizational measures to secure personal data. In the event that a data breach affecting the personal data of the User is identified, he will be informed within a reasonable period of time. This can be done by e-mail at the e-mail address known by Tifogroup.

9.5 The User has the right to address a request to access, correct, delete, transfer his personal data or request the withdrawal of his consent or objection to the processing of his personal data to Tifogroup, by writing to the company address or by sending an e-mail to info@tifogame.be.

9.6 Tifogroup undertakes to provide the User with a reasoned response to his request within a period of one month. Depending on the complexity of the request(s) and the number of requests, this period may be extended by two months if necessary. The User also has at all times the possibility to lodge a complaint with the Data Protection Authority.

10. Miscallaneous

10.1 The nullity, invalidity or unenforceability of any provision of these terms and conditions shall nevertheless have its maximum permissible effect and shall not affect the validity of the remaining provisions of these terms and conditions and shall not lead to the nullity of these provisions.

10.2 This Agreement is governed solely by Belgian law. Any dispute shall be subject to the exclusive jurisdiction of the courts located at Tifogroup’s registered office.

10.3 Tifogroup reserves the right to change the composition of Tifogame and/or these Terms and Conditions at any time. As the case may be, Tifogroup will inform the User thereof within a reasonable time prior to the change by means of a notice on Tifogame and/or by e-mail message.