UK Terms of Service | Pocket7Games

UK TERMS of SERVICE

What are these Terms of Service?

These Terms of Service are the legal agreement that applies to the provision and use of our interactive applications (“Apps”) that allow end users to participate in online tournaments and competitions. These Terms of Service apply to users who live in and are accessing the App from the United Kindom. All other users should refer to the applicable to their home country which can be found terms here: Terms | Pocket7Games

Please take some time to read these Terms of Service before using the Apps. If there are any sections of the Terms of Service that you do not understand or which you do not agree to, you should contact us for more information before using the Apps. By accessing the Apps, you confirm that you agree to these Terms of Service.

You should read all of the Terms of Service before using the Apps, but we would like to draw your attention in particular to the following sections of the Terms of Service:

(10) “How do you make withdrawals from your Account?” This section covers how to submit a withdrawal request when you have a positive balance in your Account. Please note that if you withdraw funds from your Account, you will forfeit all Bonus Cash currently in your Account.
(11) “What will we be liable for?” This section contains certain limits on what Avia will be liable to you for and what compensation you can recover from Avia.
(12) “What happens if an Error affects an App?” This section explains how we will deal with any price or technical Errors that occur on an App. Please note in particular that Winnings (as defined in Section 12) may be void if they are awarded as a result of an Error.

2. Who are we?

These Terms of Service set out the contract between you and AVIAGAMES Inc, a company registered in Delaware _(“Avia U.S.”) and Aviagames HongKong Limited, a company registered in HongKong, China (“Avia HongKong,” and together with Avia U.S., “Avia”). The payment service activities discussed in Section 7 of these Terms are solely facilitated by Aviagames Hongkong.

In these Terms of Service, “we”, “us” and “our” are references to Avia.

Avia U.S.’s registered office is at 28 E. 3rd Avenue San Mateo, CA 94010. Avia HongKong’s registered office is at Flat 1512, 15/F Lucky Ctr No 165-171 WAN CHAI RD WAN CHAI Hong Kong, China.

3. What do I need to use the Apps?

You will need to register an account (“Account”) via the App using a valid email address. You will need to use an interconnected smart phone that meets the minimum system and compatibility requirements to download the App in the app store.

For more information please see: Support | Pocket7Games,

4. Who can use an App?

To be eligible to use an App you must be:

a consumer (by this we mean that you must be using the App for personal use and not for any commercial purpose)
aged 18 or over; and
a resident of a jurisdiction outside of the United States and its territories where we have made the App available and physically located there when you are using the App.

In addition, any person that is connected to Avia (e.g., an employee, contractor or agent) and has access to non-public information regarding the operation of any game or tournament provided on the App is ineligible to receive any prize offered on the App.

We refer to the requirements above as “Eligibility Criteria”.

You acknowledge that:

we may ask you to provide us with reasonable proof of your identity and that you meet the Eligibility Criteria. We may ask you to provide documentation to verify your age, identity and location and to meet our legal obligations; for example, we may request copies of your passport, driving licence, bank statements or utility bills.
we may (acting reasonably) block your access to the Apps, terminate or suspend your Account and void and/or reclaim any Winnings, game credit and/or deposit credits that are in your Account or that have been withdrawn if:
- we reasonably suspect that you do not meet the Eligibility Criteria;
- you have provided what we reasonably believe to be materially false or misleading information; and/or
- you do not promptly provide to us any information we reasonably need to undertake our checks.
providing materially false or misleading information to us or using any method to conceal your true identity or location constitutes a breach of these Terms of Service.
you may only set up one Account on an App and you may not transfer your Account to any other person.

5. Keeping your Account secure

You are responsible for the security and proper use of your login details and password. You must keep your password confidential and not share it with anyone else.

If you find any authorised use of your password or identification, you must contact us immediately.

You are responsible for all activities that occur under your Account with or without your knowledge, unless a third party is able to access and use your Account as a direct result of our negligence. You are fully responsible for all charges, deposits and withdrawals made on your Account, including any unauthorised charges, deposits or withdrawals. We are entitled to assume that offers and payments made through your Account are made by you. You agree to protect your password in the same way that you would protect password or other access details to your online banking system and any failure to do so shall be at your sole risk and expense.

We will not be responsible for losses suffered by you where your password or other account details are used by someone else to access an App (unless a third party is able to access and use your Account as a direct result of our negligence). If we believe that there has been, or is likely to be, a breach of security we may suspend usernames or passwords and require that they're changed. We may also restrict your use of all or any part of the Apps.

6. What rules apply to cash competitions?

Please carefully read all rules and restrictions relating to any tournament or competition before you enter. In addition, please note the following in relation to games that have a cash entry fee (“Cash Competition”):

To enter a Cash Competition you must have the entry fee in your Account that you need to make the payment to enter that Cash Competition.
You agree to pay all fees and payments for tournaments, competitions and features of the Apps that you use and that these amounts may be charged to your Account.
We may change our prices from time to time on the Apps, but this will not affect past purchases you have made.
If you lose a Cash Competition, you will lose the entry fee that you paid to enter the Cash Competition.

7. How do you pay to enter games?

Accepted payment methods are indicated on the Apps and may be updated from time to time. All prices on the App are in the local currency and include VAT at the applicable rate. When you add funds to your Account, the payment must be made in the local currency.

Payments made on the Apps will be collected through our chosen third party payment service provider(s). We may share your personal and payment information with our chosen third party payment service provider(s) in line with our Privacy Policy https://www.pocket7games.com/privacy to validate your identity and assess your selected method of payment.

If you make a credit card deposit, we may require a small credit limit by sending an authorisation request to the issuing bank, no matter whether the actual amount charged is lower. Such amount is only for security purposes and will be fully refunded to your account.

By making a payment to us, you confirm to us that: (i) you are the authorised user of the relevant payment method; (ii) you authorise us or our chosen payment services provider(s) to charge you for the amount stated; and (iii) all payment information you provide is current, complete and accurate and if it becomes out of date you will promptly notify us. We are not responsible for any loss caused by any unauthorised use of your credit card or other method of payment by a third party in connection with the Apps where this is outside of our control and/or not caused by our negligence. Any attempt to defraud through the use of any method of payment, regardless of the outcome, or any failure by you to honour legitimate charges or requests for payment, will constitute a breach of these Terms of Service and may result in termination of your Account, forfeiture of Winnings and we may report you to the relevant authorities.

We will not grant you any refunds, unless otherwise required by law or as otherwise provided in these Terms of Service.

8. How does Bonus Cash work?

We may grant bonus cash or credits (“Bonus Cash”) to players of Cash Competitions. Bonus Cash can only be used to enter Cash Competitions.

When you enter a Cash Competition, an amount of Bonus Cash will be used to enter the competition that is equal to one-tenth of the amount you spent on the Cash Competition entry fee. If you only have Bonus Cash available in your Account, then additional Bonus Cash will be used to pay the entry fee for the Cash Competition. When you win a Cash Competition, any Bonus Cash that you used to pay the entry fee will be returned to you and any additional Winnings above your entry fee will be paid to you.

Important:

If you do not enter a Cash Competition for 60 days or more, any Bonus Cash in your Account may be forfeited. Moreover, if you haven’t entered a game in the past 150 days, all tickets/gems in your Account may be forfeited.
If you withdraw funds from your Account, you will forfeit all Bonus Cash currently in your Account.

9. How are prizes and Winnings paid?

We are responsible for honouring any prizes validly won in accordance with the applicable tournament or competition rules and these Terms of Service.

Any benefits or prizes on your Account are personal to you. Prizes, winnings or other earnings (including but not limited to virtual goods, virtual currency or digital trophies) (“Winnings”) or any Digital Assets (defined below) cannot be transferred to any other person or Account.

If you receive Winnings, we may (acting reasonably) require you to provide us with reasonable proof, evidencing that you met, or met at the time of your participation, the Eligibility Criteria and that you participated in accordance with these Terms of Service. If, when requested, you fail to provide us with such proof to our reasonable satisfaction, you will not receive the relevant Winnings. We may reverse or require return of any payment in error which has been received by you and you shall cooperate with us in this regard. We may also reduce payment to you without notice to adjust any previous overpayment.

Please note that Apple is not a sponsor or provider of the competitions, tournaments or prizes on the Apps. All prizes are provided by Avia.

10. How do you make withdrawals from your Account?

If you have a positive cash balance in your Account, you may request a withdrawal of funds at any time by submitting a withdrawal application on the applicable App. More information on how to withdraw cash can be found here: How do I withdraw cash? – AviaGames

Withdrawal requests may take up to 15 days to process. However, please note that in exceptional circumstances we may suspend your Account or delay or refuse a request for withdrawal (e.g., pending completion of an investigation).

The minimum amount of any withdrawal (unless your Account is closed) is £10.00 GBP (or the equivalent in local currency). If your Account is closed, the remaining funds in your Account at the time of closing will be returned to you in accordance with these Terms of Service, subject to any right we may have under these Terms of Service to delay or refuse such payment.

If you wish to withdraw a prize, you will receive your Winnings in the following way:

If your Winnings are less than your entry fees, you will receive your Winnings as a refund of your entry fees.
If your Winnings exceed the amount of the entry fee used to enter the Cash Competition, the balance will be paid to you by a digital cheque. More information on what a digital cheque is can be found here: What is a Digital Check? How can I use one? – AviaGames

11. What will we be liable for?

You have certain rights under the law and there are certain matters for which we are not permitted to limit or exclude our liability to you. For example, we cannot exclude our liability to you for supplying digital content that you have paid for that is not of satisfactory quality or fit for purpose, or that does not match its description, or performing a service without reasonable care and skill. Nothing in these Terms of Service shall affect these rights or any such liability that we or our Suppliers (defined in Section 21 below) may have to you.

To the full extent permitted by law, we and our Suppliers exclude responsibility and all liability for:

any losses that were not foreseeable (i.e., it was not an obvious loss or damage) to you and us when you registered with an App.
any losses that are not caused by our breach of these Terms of Service or any legal obligation owed by us to you.
any losses which you could have avoided by following our advice to apply an update offered to you or which was caused by you failing to correctly follow installation instructions or to have in place the minimum compatibility requirements advised by us;
any business losses or losses to persons that are not consumers;
any use of an App which is not authorised by us;
ending, suspecting or restricting the App or any part of it in accordance with these Terms of Service;
any delay, failure, act or default in relation to an App caused by events outside our reasonable control;
Errors (defined below), viruses or bugs present in or arising from your use of an App;
incompatibility of an App or content with any other software or hardware (including compatible registered devices) which is outside our reasonable control;
any damage to devices or content that belong to you where such damage would not have been caused if you had followed our reasonable instructions;
any act or default of any third party supplier or provider, device manufacturer or provider of a device operating system, which are beyond our reasonable control; and
any losses or damages (including damage to a device or other digital content belonging to you and caused by us where we have failed to exercise reasonable care and skill) incurred by you that exceed the higher of £50 (or the local currency equivalent) and the total amount you have paid to us the previous 12 months.

We and our Suppliers 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 for fraud or fraudulent misrepresentation.

If an App damages your device or any software installed on it as a result of our failure to use reasonable care and skill, please let us know. If we can, we will repair the damage. If that is not possible, then subject to what we say above, we will compensate you and may ask you to provide information such as photographs or screenshots about what has happened so that we can understand the problem.

12. What happens if an error affects an App?

Whilst we take reasonable care to avoid price and technical errors, malfunctions and interruptions on the Apps (each, an “Error”), they may occasionally occur and may not always be obvious at first.

Errors may include the following:

Price Errors: where there has been a pricing error or system failure which leads to incorrect Winnings being displayed as available to you; or
Technical Errors: where problems occur in the software or hardware used by us to provide the Apps.

Any game, competition or tournament which is affected by an Error may be deemed void and cancelled by us, for example (without limitation) in situations where an App does not operate as intended. We will repay any entry fees paid for games, competitions or tournaments which are voided as a result of an Error.

If we have incorrectly awarded any Winnings to you as a result of an Error, we will not be responsible to pay you those Winnings and such Winnings are deemed void. You agree to refund those Winnings that may have been paid as a result of an Error. Any funds credited to your Account as a result of an Error shall be immediately repaid to us when a demand for payment is made by us to you. Where this occurs and there is money in your Account, we may reclaim these funds from the funds in your Account.

13. What happens if my Account becomes inactive or I leave money in my Account?

We may charge you of a maintenance fee of £2.00 GBP (or the local currency equivalent) per month (“Monthly Maintenance Fee”) if you have funds in your Account and your Account becomes inactive.

Your Account will be considered inactive if you have not entered at least one tournament in twelve months.

If your Account becomes inactive and there are funds in your Account, we will take reasonable steps to repay you the Account balance by contacting you via email and in-App notifications. If we are unable to do this and we have given you at least 30 days’ prior notice, we may deduct the Monthly Maintenance Fee until there are no funds in your Account or you begin playing again (whichever is earlier).

If your Account has no funds and has been inactive for twelve or more consecutive months, we may close your Account.

If you do not enter a Cash Competition for 90 days or more, all Bonus Cash in your Account may be forfeited.

14. What are the rules on fraud, cheating and unfair play?

When participating in any game, tournament or competition on the Apps, you must not do or omit to do anything which has the effect of unfairly altering your chance of winning or which constitutes cheating or fraud (“Fraud”). This may include, without limitation:

registering and/or using more than one Account;
using unauthorised or altered software or hardware to assist play (e.g., including the use of bots, bot nets, jail broken devices or rooted devices, collusion with bots and/or use of cheat programs such as debuggers, clock-skewing software and memory scanners);
intentionally playing poorly to achieve a competitive advantage;
taking advantage of any design errors or problems in an App;
colluding with other players (e.g., intentionally losing rematches in Cash Competitions);
transferring money between Accounts;
harassing other participants;
swindling gifts of deposit; and/or
posting offensive or unlawful material.

If we reasonably suspect any Fraud, we may:

immediately terminate your Account and block your access to the Apps;
suspend your Account whilst we investigate and suspend any withdrawals from your Account;
void and forfeit any Winnings;
reclaim any Winnings received by you;
commence or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or relating to your commission of abuse; and/or
disclose or report any money laundering or similar illegal activity to law enforcement authorities.

15. What other behaviour is prohibited?

We refer to the below as our “Use Policy”. In addition to the rules on Fraud above, by accessing the Apps, you agree that you will not:

breach any law, rule or regulation;
interfere with or disrupt any App or any server or network used to support or provide the App, including any hacking or cracking into the App;
engage in any activity that disrupts the peaceful, fair and respectful playing environment of any App;
interfere with or disrupt another player's use of any App;
harass, threaten, bully, embarrass, spam or do anything else to another user that you know or is reasonably expected to be unwanted;
publish, post, upload or distribute any content that we (when acting reasonably) determine is inappropriate, abusive, hateful, threatening, hateful, obscene, sexually explicit, harassing, profane, defamatory, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful;
post a message for any purpose other than personal communication;
attempt to obtain, or phish for, a password, account information, or other private information from anyone else on any App;
sell, buy, trade or otherwise transfer or offer to transfer your Account, any personal access to any App, either within the App or on a third party website, or in connection with any out-of-game transaction, unless expressly authorised by Avia;
use any App when you do not meet the Eligibility Criteria;
do or assist anyone else to do anything that could (in our reasonable judgement) damage or impair Avia’s or our Suppliers’ property, which may include, without limitation: (a) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products or services obtained from us; and/or (b) providing unauthorised means through which others may use any App such as through server emulators (e.g. a clone of our software).

16. What are the rules on user content?

The Apps may allow users to post, submit, publish, display, or transmit to other users or other persons content, information, materials, or communications (“User Content”).

You agree to:

only upload or send User Content that complies with these Terms of Service, the Use Policy and any additional rules we post in the public forums;
only upload or send User Content when you have the rights to do so and to not post or send any User Content which infringes any rights of any third party; and
be responsible for any User Content you submit or contribute, including its legality, reliability, accuracy, and appropriateness.

We have the right to:

edit, refuse to post, or remove any User Content for any reason;
take any action with respect to any User Content that we deem necessary or appropriate (acting reasonably), including if we believe that such User Content breaches these Terms of Service, infringes any intellectual property right or other right of any person or entity or threatens the personal safety of users of the App or the public;
disclose your identity or other information about you to any third party who claims that material posted by you infringes their rights, including their intellectual property rights or their right to privacy, in line with our Privacy Policy;
revoke access to the Apps or any other apps offered by Avia and/or terminate your Account temporarily or permanently with or without issuing a prior warning; and
take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the Apps.

You acknowledge that:

we have no obligation to pre-screen User Content;
we do not control, verify or pay for any User Content;
we do not endorse and cannot ensure prompt removal of any User Content posted by you or any other users of the Apps; and
we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

17. What if I have any problems with an App?

We take reasonable steps to keep the Apps up and running; however, like any online services the Apps may encounter occasional disruptions and outages.

For any App feature that is identified by us as a beta version (“Beta Service”), you acknowledge and agree that a Beta Service may contain more or fewer features than the final release of the App feature. We have the right to not release a final release of a Beta Service or to alter its features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics. Beta Services may not be suitable for production use and may contain errors affecting proper operation and functionality.

Please also see section 12 on “What happens if an error affects an App?”

If you need to contact us, please navigate to the “Player Support” page from the menu icon on the App. You may also contact us via email at support@pocket7games.com if you are not able to contact us in the App.

18. How might the Apps change?

We may make changes to the Apps from time to time, for example:

to improve, refresh or enhance the Apps, including by adding or removing games, competitions or tournaments;
to help improve the security and operation of the technical infrastructure of the Apps;
to make changes to the fees, for example where the cost of running the Apps increases; or
for legal or regulatory reasons.

We may need to offer technical support or update the Apps from time to time in our discretion. Updates will either download automatically or you may need to trigger them yourself, depending on your device and its settings. We strongly suggest that you download all updates as soon as they become available so that the Apps work properly.

19. How might these Terms of Service change?

We may make changes to these Terms of Service from time to time, for example to:

reflect any changes to the Apps; and
for valid legal or regulatory reasons.

If we update these Terms of Service, the updated version will be displayed on this page and we take reasonable steps to notify you at least 14 days in advance of any material changes to the Terms of Service.

Any changes to these Terms of Service will be in effect from the “Last Updated Date” referred to at the top of this page. You should check these Terms of Service from time to time. Your continued use of an App after the “Last Updated Date” will represent your acceptance of and agreement to such changes.

20. How can our agreement be terminated?

We may end the contract with you under these Terms of Service if you breach or we reasonably suspect that you are going to breach any part of it and we (acting reasonably) consider the breach to be serious enough to justify termination of this contract and the closure of your Account.

You can end your contract with us under these Terms of Service at any time, including where:

we have told you about an upcoming change to an App or these Terms of Service which you do not agree to; or
we have suspended an App for technical reasons or notify you we are going to suspend an App for technical reasons for a significant period of time.

To end the contract with us, please let us know by contacting us at support@aviagames.com. If you would like to remove your payment information from the App, navigate to the “Deposit” tab in the App and “Delete” your payment methods.

The consequences of the contract between us under the Terms of Service ending are:

you are no longer allowed to use the Apps;
you must delete the Apps from any devices it has been installed on; and
we may delete or suspend access to any other accounts you hold with us.

21. What right do you have to the Apps and related content?

All rights, including all right, title and interest in the Apps and associated intellectual property rights, included all content on and made available via the Apps, such as without limitation, the games, tournaments, competitions, text, software, scripts, graphics, photographs, sounds, music, videos, animations, interactive features, trademarks, service marks and logos (“Content”) and the tools, solutions, and data (collectively “Supplier Services”) provided by one or more of the partners and suppliers of Avia (collectively “Suppliers”) are owned by Avia or by our Suppliers and licensed to Avia. You are granted no rights in the Content or Supplier Services, except to access the App for your personal and non-commercial use, subject to your compliance with these Terms of Service.

You may not access, copy, modify or distribute any part of the Apps (including the Content and Supplier Services), unless expressly authorised by Avia or permitted by law. You shall not reverse engineer, expose, reverse assemble, decompile, reverse decompile, reduce to human readable form or otherwise attempt to extract or otherwise use source code or other data from the Apps (including the Content and Supplier Services), or modify, incorporate into or with other software, or create derivative works of, the Content or Supplier Services, unless expressly authorised by Avia.

We are the sole and exclusive owner of all digital objects (e.g., avatars) created by you by using the Apps and any digital or virtual objects or assets we assign to your Account (e.g., virtual trophies or virtual goods) (“Digital Assets”).

The Apps and their entire contents, features, functionalities, and other products and services, logos, symbols, expansion names and symbols, play level symbols, trade dress or “look and feel,” Digital Assets, and all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights) of the Apps, are owned by Avia, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights law. We reserve all rights not expressly granted here.

If you believe any content on the Apps is unlawful or infringes your rights in any way, you should contact us setting out your concerns in reasonable detail to legal@aviagames.com.

22. We are not responsible for third party content

The Apps may contain links to third party websites, resources, or services (“Third Party Sites”). Any links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Sites. We are not responsible for the performance, services or content available through those Third Party Sites, including the accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites. If you decide to leave an App and access the Third Party Sites or to use or install any third party applications, software or content, you do so at your own risk and you should be aware that our Terms of Service do not govern those Third Party Services.

23. How can you contact us?

You can contact us by submitting any questions or comments to our contact form here: Support | Pocket7Games, navigating to the “Player Support” page from the menu icon on an App, or by emailing us email at support@pocket7games.com if you are not able to contact us in the App.

24. How will we contact you?

If we need to contact you (such as to provide you with information about the Apps or notice about any changes to these Terms of Service) we will do so by email, using the email address that you provided when creating your Account in line with our Privacy Policy, or by an in-app notification.

You are responsible for ensuring you have provided us with accurate contact details and keeping them up to date if they change.

25. How will we use your personal information?

Your privacy and personal information are important to us. Our Privacy Notice is available at the following page: https://www.pocket7games.com/privacy.

Our Privacy Policy explains what personal information we collect from you, how and why we collect, use, store and share your personal information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

26. The final legal bits

These Terms of Service do not and are not intended to give anyone rights or remedies other than you and us.

If a court finds part of this contract illegal, the rest will continue. Each of the sections of these Terms of Service operates separately. This means that if any court or relevant authority decides that any of them are invalid, unlawful, void or unenforceable, the remaining sections will remain in full force and effect.

Except with respect to disputes with respect to payment services as discussed in further detail below, the laws of England and Wales apply to these Terms of Service, although you will retain the benefit of any mandatory protections given to you by the laws of your country. All legal notices or demands regarding payment services shall be made in writing and sent to Avia HongKong by courier or certified mail to Flat 1512, 15/F Lucky Ctr No 165-171 WAN CHAI RD WAN CHAI Hong Kong, China, and any disputes arising from payment services shall be governed by Hong Kong laws and regulations and subject to the jurisdiction of Hong Kong courts. Any other disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts in the country where you live.

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with any aspect of an App, please contact us.