Terms & Conditions
IMPORTANT NOTICE: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM BEFORE CLICKING TO CONFIRM THAT YOU ACCEPT THEM IN FULL. BY ACCESSING OR USING ANY OF OUR SERVICES YOU AGREE THAT THE FOLLOWING TERMS AND CONDITIONS WILL APPLY.
1.1 Versus Gaming Ltd. (“Versus”, “we”, “us”, “our”) is a company registered in England with registration number 10510740 whose registered office is at 2 Bragbury Barns, Pembridge Gardens, Stevenage, SG2 8BQ, United Kingdom.
1.2 We operate the Verses Gaming mobile application (“App”). These terms and conditions as updated by us from time to time (these “Terms”) govern all access to and/or use of the App. All references to the App in these Terms shall include the App as operated on any device (whether mobile or fixed) and shall apply equally to our website at https://www.versusgaming.uk.
1.3 In making use of the App, you (“you”) confirm that you have read and understood these Terms (including any documents expressly referred to herein) and you agree to be legally bound by them in relation to your use of the App and your receipt of the services that we provide on the App (the “Services”). If you do not accept these Terms, you will not be permitted to open a Versus user account (“Account”) or make any use of the Services.
1.4 If you have any queries in relation to the Services, the App or these Terms or if you wish to make a complaint, please contact us by email at firstname.lastname@example.org or write to us at Versus Gaming, 2 Bragbury Barns, Pembridge Gardens, Stevenage, SG2 8BQ, United Kingdom. We will respond to your query or complaint as quickly as possible. In the event we are unable to resolve a complaint to your reasonable satisfaction, please refer to paragraph 17.7 below relating to dispute resolution and the match rules to the extent that they apply.
1.5 Each time you use the App, the Terms in force at that time will apply. As such, you should check these Terms (via the link on the App) each time you make use of the Services.
1.6 A full list of all the defined terms used in these Terms is set out at paragraph 18.
2 ABOUT THE VERSUS GAMING APP
2.1 The App is a peer-to-peer e-sports networking application that matches up registered Account holders (“Players”) with other Players to compete in competitive multi-player skill-based video game matches (each a “Match”) for prizes awarded by Versus, subject to these Terms.
2.2 Matches will either take the form of:
2.2.1 head-to-head competitions in which two Players play a Match (or a number of Matches) against each other (“H2H Matches”); or
2.2.2 tournaments in which a fixed number of Players will play Matches against each other in accordance with the tournament rules and structure as set out in further detail on the App (“Tournaments”); or
2.2.3 leagues in which a fixed number of Players will play Matches against each other in accordance with the league rules and structure as set out in further detail on the App (“Leagues”).
2.3 Players may challenge other Players to H2H Matches by either:
2.3.1 posting an open challenge (an “Open Challenge”) on the App which is able to be accepted by any other Player; or
2.3.2 issuing a challenge directly to a particular Player (a “Direct Challenge”) on the App which is only able to accepted by the targeted Player.
2.4 Participation in all H2H Matches, Tournaments and Leagues shall be subject to the entry fee as stated on the App (“Entry Fee”) and only Players with a sufficient number of Versus Coins to cover their Entry Fee may take part in Matches.
2.5 Before you can post or accept an Open Challenge or a Direct Challenge in respect of any H2H Matches or enter any Tournament or League, you will need to deposit funds into the e-wallet (“Wallet”) attached to your Account in accordance with paragraph 5. All deposited funds will be immediately transferred into the App’s in-game currency (“Versus Coins”) which you may then use to cover Entry Fees for Matches.
2.6 We shall ring-fence the number of Versus Coins required to cover the relevant Entry Fee(s) from your Wallet as soon as you submit an Open Challenge or a Direct Challenge. Ring-fenced Versus Coins are not available for further use or withdrawal. In the event that an Open Challenge or a Direct Challenge is not accepted before it expires (after the period stated on the App) or is withdrawn by you before being accepted, the ring-fenced Versus Coins will be returned to your Wallet as available funds. Please note, in accordance with our cancellation policy all Entry Fees in respect of Tournaments and Leagues are non-refundable and so shall not be returned unless the Tournament itself is cancelled.
3 YOUR PERSONAL INFORMATION
3.2 You acknowledge and agree that, at any time, we may use any reasonable means that we consider necessary to verify your identity with any third party providers and to permit us to comply with all applicable laws in relation to our provision of the Services.
4 YOUR PLAYER ACCOUNT
4.1 Before you can use our Services, you will need to open an Account. We offer two different types of Account: a free Account (a “Basic Account”) and a subscription Account (a “Premium Account”) for which you will pay a monthly subscription charge. The features of each type of Account are set out in detail on the App.
4.2 You cannot open more than one Account at any time.
4.3 To apply for either type of Account, you must complete the online application form (“Application”). To open an Account you must provide all of the information requested during the Application.
4.4 We may refuse any Application to open an Account for any reason (without providing the reason to you).
4.5 You must keep your Account details (including your password and username) strictly confidential. You shall be liable for all activities that are undertaken using your Account, together with the associated password, and you shall compensate us for all and any losses, damages, costs and expenses we may suffer as a result of any failure by you to keep your password confidential.
4.6 It is your responsibility to keep your contact details up-to-date on your Account. We may, from time to time, send you important information using the details that you have provided to us. If those details are incorrect or not up-to-date you may not receive important information relating to your Account, the Services or these Terms.
4.7 Your Account is non-transferable. An Account may only be used by the individual who created it and not by anyone else. We reserve the right to terminate your Account if we have reason to believe that your Account details are being used by anyone other than you and/or you have not kept your log in details confidential.
4.8 As part of our ongoing legal and regulatory compliance, we may at any time ask you to verify your identity and address as well as request proof of ownership for any payment methods used to deposit funds into, or withdraw funds from, your Wallet.
4.9 When considering your Application and certain deposit and withdrawal transactions, we may decide to use an independent third party to verify your age and identity or any other information that you provide to us. In performing these checks, the independent third party may keep a record of your information. The purpose of such checks is to confirm your identity only.
4.10 You acknowledge that your Account may be frozen immediately to enable us to comply with any of our regulatory (including self-regulatory) and legal obligations in relation to your Account. You will not be able to access the Versus Coins in your Wallet, deposit further monies into your Wallet, withdraw funds or use any Services whilst your Account is frozen. We will notify you of such action as soon as reasonably practicable.
4.11 In consideration of our accepting your Application to open an Account, you warrant that:
(a) you are 18 years of age or over;
(b) you are of sound mind and capable of taking responsibility for your own actions and you can enter into a legally binding contract with us;
(c) you have the legal right to use the debit or credit card(s) registered on your Account;
(d) you are registering the Account in your own name, for your sole benefit and not on behalf of anyone else;
(e) the details submitted in your Application are true, accurate and not misleading;
(f) you will inform us immediately if any of the information you provided in your Application changes;
(g) you are not located in a jurisdiction where use of the Services is prohibited and/or would be an illegal activity;
(h) you will, at all times whilst holding an Account, comply with all applicable legislation in the United Kingdom and, if different, in the jurisdiction in which you are located.
4.12 If you do not access your Account by logging onto your Account using your username and password and either:
(a) acquire Versus Coins by transferring funds into your Wallet; or
(b) play a Match,
for any consecutive period of 12 months, then after those 12 months your Account will be deemed inactive (an “Inactive Account”).
4.13 If you have an Inactive Account and you log back in and make a deposit, post an Open Challenge or issue a Direct Challenge, your Account will, at that stage, be considered re-activated.
4.14 In the event that an Account remains inactive for 36 months with no further activity or any claims for the Funds held in the Inactive Account, the Account will be permanently deleted and any funds remaining in the Inactive Account will be donated to a charity of our choice after we have deducted from such amount any administration fees in respect of closing the Account. We will always notify a Player by email (to the email address we hold in our records), prior to permanently closing their Inactive Account.
5 FUNDING YOUR WALLET
5.1 To use any of our Services, you need to deposit funds in the Wallet attached to your Account in accordance with the instructions set out on the App. You can deposit funds into your Wallet at any time in accordance with this paragraph 5.
5.2 All deposits into your Wallet must be made by debit or credit card [or via an associated payment provider]. [Full details of the cards which we accept and our associated payment providers can be found on the App.]
5.3 The name on the credit or debit card used to fund your Wallet must be exactly the same as the name on your Account.
5.4 Payments can be made in pounds sterling. Currencies we accept may be amended from time to time and we will post any such amendments on the App.
5.5 All deposited funds will be immediately transferred into the App’s in-game currency (“Versus Coins”) which may then be used to cover Entry Fees for Matches. For every £1 you deposit, 10 Versus Coins will be added to your Wallet.
5.6 You are able to withdraw funds from your Wallet at any time, subject to these Terms. Upon withdrawal, your Versus Coins will be transferred back into pounds sterling at the same rate as set out at paragraph 5.5 (i.e. £1 for every 10 versus coins held). Please note: withdrawals may only be made to the debit or credit card which is registered to your Account. See our payout and withdrawal policy for further information.
5.7 [All funds held in your Wallet are held by our online merchant bank account provider, [•] or by such other banking partner as selected by us (and notified to you) from time to time].
5.8 You undertake that:
(a) all money that you deposit in your Wallet does not originate from any illegal activities or sources; and (b) all payments made into your Wallet are authorised and you will not attempt to reverse any payment made into your Wallet or take any action which will cause such payment to be reversed by a third party.
5.9 You accept that all transactions may be checked by us to prevent money laundering and that any transactions made by you which we deem suspicious, may be reported by us to any appropriate authority.
5.10 You will inform us immediately on becoming aware of any errors with respect to your Account and, in particular, any deposits shown into your Wallet that you were not expecting. If such an error is as a result of a technical fault or human error we shall be permitted to correct the error once we have been made aware of such error, with no further liability to you.
5.11 At no point during the period in which funds are held in your Wallet, will any interest accrue on such funds.
5.12 All funds which are deposited into your Wallet should be used, or you should have the intention to use such funds, in connection with the Services. Your Wallet should not be used as a bank account. If we consider that you are using your Wallet in such a way, we reserve the right to terminate your Account and return any such funds to you.
5.13 You shall be responsible for the payment of all taxes (including any income tax, corporation tax and any other applicable taxes) and all other duties which may arise in respect of your use of the App (“Taxes and Duties”).
5.14 For the avoidance of any doubt, Versus does not offer credit.
5.15 All details relating to the funds held as Versus Coins in your Wallet (including, without limitation, available funds, pending funds, ring-fenced funds and prize-winnings) shall be managed by Versus and, save in the event of manifest error, our decision in respect of such funds shall be final and deemed to be accurate.
6 MATCH RULES
6.1 Our match rules (the “Match Rules”) shall apply to all Matches. You should read and ensure that you understand the Match Rules before you commit to playing any Match. By accepting these Terms, you are accepting the Match Rules in full in respect of any Match which you enter.
6.2 You are required to accurately report the results of all Matches played. Further details are set out in the Match Rules.6.3 The Match Rules may change from time to time. The Match Rules in force at the time that you play a Match will be the rules applicable to that Match.
7 YOUR CONDUCT
7.1 You will, at all times whilst registered as a Player, comply with these Terms and all applicable laws, statutes, regulations and codes of conduct.
7.2 You will not disguise or interfere in any way with the IP address of the computer or mobile device you are using to access the App or otherwise take steps to prevent us from correctly identifying the actual IP address of your computer or mobile device.
7.3 You undertake to use our Services for legitimate purposes only. In particular, you expressly undertake not to:
(a) engage in any activity which has the purpose or effect of causing damage to or in any way hindering our business operations; (b) lease, resell, rent or in any way deal with or exploit the Services and/or the App for your personal or commercial gain; (c) initiate, assist or permit any activity intended to attack or disrupt the App or our provision of the Services including (without limitation) the use or distribution of any virus, worm, spyware, time bombs, corrupted data or denial of service attacks; (d) use any robots, spiders, crawlers, man-in-the-middle software or any other automated process to access, use, reverse engineer or manipulate the Services or the App; (e) initiate, assist or permit any activity involving hacking or phishing targeting other Players or otherwise in connection with the Services; (f) infringe any intellectual property rights, privacy rights, personal data or any other rights of any person or entity through your use of the Services or access to the App; (g) attempt to access the App or use the Services in any part of the world where such access or use is prohibited; (h) engage in any other activity that is clearly contrary to the spirit or intention of the Services.
7.4 Collusion is strictly prohibited.
8 SUSPENSION OR TERMINATION OF YOUR ACCOUNT
8.1 We may suspend or terminate your Account at any time. We will use our reasonable endeavours to give advance notice to you of such suspension or termination; however, this may not always be possible.
8.2 You may suspend or terminate your Account at any time by contacting us at email@example.com. On receipt of any request, we will suspend or terminate the Account as soon as we can. We shall not be liable to you for any losses suffered by you as a result of the suspension or termination of the Account. We shall endeavour to return any funds which are in your Wallet at the time that your Account is terminated or closed within 30 days from the date on which the Account is terminated or closed (at which point they will be transferred back from Versus Coins into pounds sterling at the rate set out in paragraph 5).
8.3 If we have reason to believe that you are under 18 years of age or were under 18 when you accessed our Services, we will:
(a) immediately suspend your Account and prevent you from entering into any Matches or making any withdrawals from your Wallet;(b) investigate; and (c) terminate your Account in the event that our investigation leads us to believe that you are or were under age whilst accessing our Services.
8.4 If we know or suspect that you:
(a) are in breach of any provision of these Terms;
(b) are located in a country in which it is or may be illegal access the Services;
(c) are involved in any form of collusion with any other Player;
(d) are registered on an Account that is linked with fraudulent or dishonest activity; or
(e) have registered more than one Account;
we reserve the right to suspend or terminate your Account (at our absolute discretion) with immediate effect and (where appropriate) report our findings to a relevant authority and, if we have reasonable grounds to do so, prevent any funds from being withdrawn from your Wallet pending the result of any internal or external investigation. Following the determination of any such investigation, we reserve the right to seize, or permit the seizure by any regulatory, statutory or other enforcement body of, some or all of the funds in your Wallet.
8.5 In circumstances where your Account is suspended or terminated:
(a) any live Open Challenges made by you or Direct Challenges made by or relating to you will be automatically cancelled and any ring-fenced funds will be returned to your Wallet; and
(b) entries to Tournaments and Leagues will also be automatically cancelled (but Entry Fees in respect of Tournaments and Leagues entered are non-refundable and so any such Entry Fees will not be returned to your Wallet).
8.6 Following suspension or termination of your Account (whether by you or us) we will, subject to these Terms, return any funds held in your Wallet to you. Funds will only be returned to the debit or credit card which is registered to your Account.
8.7 Once an Account registered in your name has been terminated by us you are not permitted to re-open any other Account.
9 OUR FEE
9.1 We shall deduct an administration fee from all prizes awarded by us at the rate set out in paragraph 9.2 below (Versus Fee).
9.2 Subject to paragraph 9.3, the Versus Fee shall be deducted from all prizes awarded at the following rates:
(a) 5% of any prizes awarded to a Player with a Premium Account;
(b) 10% of any prizes awarded to a Player with a Basic Account.
9.3 In the event that there is a change in the applicable Versus Fee rates set out in paragraph 9.2, we shall notify all Players in writing.
9.4 Versus shall deduct any Versus Fee due before prizes are added to your Wallet.
10 SOCIAL RESPONSIBILITY - LIMITING YOUR USE OF THE SERVICES
10.1 We do not provide credit facilities, save for accepting payment by means of credit card, and then only where that payment is made to the Wallet belonging to your Account. Funds deposited will only be transferred to Versus Coins and show up in your Wallet after the card issuer has approved the transaction.
10.2 You have the option to limit the amount of funds you are able to deposit and/or the amount of Matches you are able to play within a set period in respect of your Account. You can request such a limit be placed on your Account at any time.
10.3 If you wish to restrict the duration of your sessions on the App, the amount of money you can credit to your Wallet or the amount of Matches you are able to play within a set period, or you wish to request that your Account is suspended for an agreed period of time, we can assist you and implement such requests. Please contact us by email at firstname.lastname@example.org or by post at Versus Gaming, 2 Bragbury Barns, Pembridge Gardens, Stevenage, SG2 8BQ, United Kingdom, if you want to discuss or implement any of these options.
11 LICENCE AND OUR INTELLECTUAL PROPERTY RIGHTS
11.1 We own, or are the licensor of, all intellectual property rights in and to the App and the Services, including but not limited to:
(a) all copyright and related rights in and to the App and the Services;
(b) all trade mark rights (whether registered or unregistered) in and to Versus, the App and the Services; and
(c) the domain name www.versusgaming.uk.
11.2 You hereby grant Versus Gaming a worldwide, perpetual, irrevocable, sub-licensable, royalty-free, non-exclusive licence to use, copy, reproduce, modify and/or publish any images, text or other content uploaded by you to public-facing areas of the App in any way we see fit without further notice or payment to you or any third party.
11.3 We hereby grant to you a revocable, royalty-free, non-exclusive licence to access the App and to use the Services provided that you comply in full with these Terms at all times. Your access to the App and/or use of the Services confers no rights whatsoever to the content and related intellectual property rights contained in the Services and/or the App.
12 LINKS TO OTHER SITES
12.1 The App may contain links through to third party websites. Versus has no responsibility in respect of any such sites and the information provided therein.
12.2 You should be aware that any third party sites will have their own terms and conditions and privacy notices which shall apply to your use of such sites.
13 OUR LIABILITY AND DISCLAIMER
13.1 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; and/or
(c) any other liability which cannot be excluded or limited by applicable law.
13.2 Subject to paragraph 13.1, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable (including indirect, special or consequential loss).
13.3 Subject to paragraphs 13.1 and 13.2, our total liability to you in respect of all other losses arising under or in connection with these Terms, your Account and your use of the App, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount held in your Wallet at the time of such breach.
13.4 We are not liable for the failure of any equipment or software howsoever caused that may prevent the operation of the App, or our Services or may impede your participation in any Matches or prevent you from being able to contact us.
13.5 Except as expressly stated in these Terms and to the extent permitted by law, we do not give any representation, warranties or undertakings in relation to your use of the App. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
13.6 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation any act of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or obstruction or failure of public or private telecommunications networks and/or the internet.
13.7 If an Event Outside Our Control takes place that affects the performance of our obligations to you:
(a) we will contact you as soon as reasonably possible to notify you (via a notification posted on the App); and
(b) our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
13.8 You agree to indemnify and hold us (including all officers, directors, agents and employees of us) harmless from any liabilities, claims, losses or demands made by a third party arising out of your breach of these Terms or out of your violation of any law or the rights of any third party.
13.9 We make every effort to ensure that we do not make any errors when posting information on the App. However, if as a result of a technical issue or human error or any other reason, information is posted to the App that should not have been (due to an obvious and apparent error or otherwise), we reserve the right to withdraw or amend the information and we shall not be liable to you for any losses suffered other than refunding any Versus Coins lost by you as a direct result of such error.
13.10 You understand that Entry Fees are non-refundable and that you are not guaranteed to win a prize as a result of playing any Match. You accept that you are fully responsible for any loss in respect of any Matches lost or forfeited. You accept that under no circumstances will any amounts lost by you in connection with any Match be recoverable and we have no liability whatsoever in connection with any such loss.
13.11 We shall not be liable in any event to pay any Taxes or Duties in respect of any action taken or prize won by you on the App.
13.12 If you wish to dispute the result of any Match, you agree to follow the disputes procedure as set out in the match rules.
14 OUR RIGHTS
14.1 Notwithstanding any other terms set out in these Terms, in providing the Services we will be entitled to take any action as we consider reasonable and/or necessary in our absolute discretion to ensure compliance with all applicable legislation and our own policies.
15 NOTICES AND INFORMATION FROM US
15.1 You hereby agree to receive all information from us electronically, including by email, using the email address that is registered to your Account.
15.2 Any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on the App or 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this paragraph shall not apply to the service of any proceedings or other documents in any legal action.
16 VARYING THESE TERMS
16.1 We may amend these Terms from time to time. We will inform you of any material changes to these Terms by emailing you at the email address we have for you on our records.
16.2 If we amend these Terms at any time whilst you are a registered Player, you may be asked to accept the amended Terms on the next time that you log-in to the App. You will not be able to log-in to the App until you have accepted the amended Terms. If you do not wish to accept the amended Terms, you should contact us at email@example.com and we will terminate your Account (and return to you any funds which are held in your Wallet).
17 OTHER IMPORTANT TERMS
17.1 No gambling is permitted within the Services. Matches may only be played using skill-based games, meaning the outcome of Matches is based on the skill of the Players involved not chance. Versus neither has any knowledge of the probability of any Player winning a particular Match nor makes any representations about a Player’s chance of winning any particular Match.
17.2 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
17.3 You may not assign these Terms to any third party.
17.4 This contract, created by you accepting these Terms, is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
17.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.7 If any dispute arises in connection with these Terms, you and we will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR”) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR.
17.8 These Terms are governed by the laws of England and Wales. This means that any dispute or claim arising out of or in connection with these Terms will be governed by the laws of England and Wales. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.
The following definitions can be found in the relevant paragraphs, or as set out below:
Account see paragraph 1.3;
An Event Outside Our Control see paragraph 13.6
App see paragraph 1.2;
Application see paragraph 4.3
Basic Account see paragraph 4.1
CEDR see paragraph 17.7;
Direct Challenge see paragraph 2.3.2;
Entry Fee see paragraph 2.4;
H2H Matches see paragraph 2.2.1;
Inactive Account see paragraph 4.12;
Match see paragraph 2.1;
Match Rules see paragraph 6.1;
Open Challenge see paragraph 2.3.1;
Players see paragraph 2.1;
Premium Account see paragraph 4.1;
Services see paragraph 1.3;
Taxes and Duties see paragraph 5.13;
Terms see paragraph 1.2;
Tournament see paragraph 2.2.2
Versus, “we”, “us”: see paragraph 1.1;
Versus Coins see paragraph 2.5
Versus Fee see paragraph 9.1;
you see paragraph 1.3;
Wallet see paragraph 2.5;