Terms and Conditions
These Terms will apply to any contract between you and IFP for your IFP Membership (and any benefits which IFP Membership entails) and your use of the Services as the case may be (Contract). Please read these Terms carefully and make sure that you understand them before applying for IFP Membership or using the Services.
Please tick the box marked “I agree to the terms and conditions”. If you are under 18 or under the age at which your country allows you to enter into a contract, your parent or legal guardian will have to consent to your application. If you continue to browse and use the App, you are agreeing to comply with and be bound by the Terms. If you disagree with any part of these Terms, please do not use the App.
IFP amends these Terms from time to time as set out in clause 5. At the time you wish to apply for IFP Membership and every time you wish to use the Services, please check these Terms to ensure you understand the provisions which will apply at that time. These Terms were most recently updated on 24 July 2017.
INFORMATION ABOUT IFP
- IFP is a non profit organisation, incorporated as a legal entity under the Swiss Civil Code, whose registered address is Av de France 28, CH 1004 Lausanne, Switzerland. IFP serves as the worldwide governing body for poker with its primary aims being to promote the development of poker worldwide, to promote Match Poker as a skill based game, and to secure recognition of poker as a mind sport.
- You can contact IFP by email at firstname.lastname@example.org.
HOW IFP USES YOUR PERSONAL INFORMATION
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- IFP’s application process can be completed via the IFP Match Poker App, please check the information you are providing is correct.
- After applying for IFP Membership, you will receive a confirmation from IFP confirming that IFP have accepted your membership request, please note however IFP is entitled, in its absolute discretion, to refuse, or cancel your application for IFP Membership.
- If IFP accepts your application (Membership Confirmation) this forms the basis of the Contract between you and IFP.
- By submitting an application for IFP Membership you warrant:
(a) that you are not resident in a jurisdiction where IFP Membership or use of any of the Services is not permitted (Non Permitted Jurisdiction);
(b) that you are not accessing the Site from a Non Permitted Jurisdiction;
(c) that you have a valid payment card that you are authorised to use; and
(d) represent and undertake that all information provided in your application and all personal information subsequently provided to IFP in connection with your IFP Membership is, and will be, complete, accurate and not misleading.
- You agree to inform IFP of any changes to information previously provided to IFP by emailing email@example.com
- IFP intends to rely on these Terms and any document expressly referred to in these Terms in relation to the Contract between you and IFP.
- During the IFP Membership application process you will be asked (among other things) to select a username and password and you may be asked to provide your date of birth and nationality in order to access the Services. It is very important that you keep your username and password secure and private. Only you will be entitled to access your profile directly by the use of your username and password. Please inform IFP immediately if you suspect that there has been any unauthorised activity on your profile. IFP accepts no liability for any loss caused by you or any third party using your profile, and any use of your username and password will be assumed to have been made by you.
- If you forget your password, please click on the forgotten password link and follow the instructions.
- As a consumer, you have legal rights. Advice about your legal rights is available from your local Citizens Advice Bureau or trading standards office. Nothing in these Terms will affect these legal rights.
- IFP Membership in accordance with these Terms does not afford you any rights under IFP’s statutes or by-laws and, for the avoidance of doubt, IFP Membership will not entitle you to participate in or vote at the IFP Congress or to become involved in the management of IFP or its affairs.
- IFP Membership in accordance with these Terms does not mean that you are required to comply with IFP’s statutes or by-laws (but you do have to comply with these Terms).
- You are limited to one IFP Membership per person.
- IFP offers IFP Membership for a 12 month period, at the end of the relevant 12 month period your IFP Membership will automatically be renewed, but you will have an opportunity to opt out of subsequent memberships.
IFP’S RIGHT TO VARY THESE TERMS
- IFP may revise these Terms from time to time.
- When your make your IFP Membership application, and every time you use any Services, the Terms (and IFP Membership fees) in force at that time will apply to the Contract between you and IFP.
- Whenever IFP revises these Terms in accordance with this clause 5, IFP will update the Site with the amended Terms.
CANCELLATION AND REFUNDS
- If you are a consumer, under English law you have a legal right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out in clause 6.2. This means that, during that period, if you change your mind or for any other reason you decide you do not want to retain your IFP Membership, you may notify IFP of your decision to cancel the Contract and receive a refund, provided that you have not yet starting using the Services. Your right to a refund during this period is not affected by your payment having been made in advance. If you cancel after the period set out in clause 6.2, you will not receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens Advice Bureau or trading standards office.
- Your legal right to cancel the Contract starts from the date of the Membership Confirmation, and ends 7 working days later. Working days means that Saturdays, Sundays or public holidays are not included in this period. If you reside outside of England and Wales, you may be entitled to a longer period within which you may cancel.
- To cancel the Contract, you must contact IFP in writing by sending an email to firstname.lastname@example.org. You may wish to keep a copy of your cancellation notification for your records.
- In the circumstances set out in clause 6.1, you will, subject to clause 6.6, receive a full refund of the price you paid for your IFP Membership. IFP will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave IFP notice of cancellation as described in clause 6.3.
- The refund will be made to the credit card or debit card used by you to pay.
- If you cancel under this clause 6 and IFP has already incurred costs in relation to your IFP Membership by that time, you will need to pay IFP any such costs, and this charge will be deducted from any refund that is due to you. IFP will tell you what these costs are when you contact IFP.
- IFP reserves the right to suspend your IFP Membership and/or your use of the App and/or your use of any of the Services:
(a) if you breach these Terms;
(b) where IFP believes that the security of your profile has been breached;
(c) where IFP believes that your profile is being used to manipulate the Site or any of the Services;
(d) if your profile has been used for any unlawful activity or fraudulent purpose; and/or
(e) if IFP believes you are involved in collusion with or the cheating of any player.
- IFP will attempt to complete any investigations and deal with them and the cause of such suspension as soon as practicable. However, pending the completion of its investigations, IFP is entitled to continue the suspension or, if necessary, opt to terminate your IFP Membership and use of the Services at IFP’s sole discretion.
- IFP reserves the right to terminate your IFP Membership and/or your use of the App and/or any of the Services:
(a) if you register more than one profile;
(b) if you are under 18, or under the age at which your country allows you to enter into a contract and your parent or legal guardian has not provided their consent to you becoming a member;
(c) if you provide incorrect or misleading information during the application process;
(d) if you reside in or access the App from a Non Permitted Jurisdiction;
(e) if you have allowed (intentionally or unintentionally) someone else to utilise your profile;
(f) if you have played or used any of the Services as part of any group strategy;
(g) if you are found, in IFP’s reasonable opinion, to be cheating while using any of the Services;
(h) if you upload any defamatory or offensive material or material that is referred to in clause 13.4; and/or
(i) if you breach these Terms.
IFP MEMBERSHIP FEES
- IFP Membership fees will be as quoted on the App from time to time. IFP takes reasonable care to ensure that IFP Membership fees are correct at the time when the relevant information is entered. However, if IFP discovers an error, clause 7.4 will apply.
- IFP Membership fees may change from time to time, but changes will not affect any IFP Membership application which IFP has confirmed.
- No additional VAT or other taxes will be payable in respect of IFP Membership fees unless expressly stated on the Site.
- It is always possible that, despite IFP’s efforts, IFP Membership fees on the Site may be incorrectly quoted. If IFP discovers an error in these fees, IFP will contact you to inform you of this error and IFP will give you the option of either (1) continuing to apply for IFP Membership at the correct price or (2) cancelling your application. IFP will not process your application until IFP has received your instructions. If IFP is unable to contact you using the contact details you provided during the application process then, after a reasonable period, IFP will treat the application as cancelled. Please note that IFP is not obliged to accept your application for IFP Membership at the incorrect (lower) price.
HOW TO PAY
- You can pay for your IFP Membership using a debit card or credit card.
- Payment for IFP Membership will be made in advance. “IFP Global Member” (or similar) will appear on your payment card statement in respect of your IFP Membership fees.
- Currency conversion values may fluctuate and conversion fees may be charged by your bank. These conversion fees will be charged to you.
IFP’S LIABILITY TO YOU
- IFP is responsible only for loss or damage you suffer that is a foreseeable result of IFP’s breach of these Terms or IFP’s negligence. Loss or damage is foreseeable if it was an obvious consequence of IFP’s breach or if it was contemplated by you and IFP at the time IFP entered into the Contract.
- These Terms do not in any way exclude or limit IFP’s liability for:
(a) death or personal injury caused by IFP’s negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 to 15 of the Sale of Goods Act 1979; or
(d) any matter for which it would be illegal for IFP to exclude or attempt to exclude its liability.
- Subject to clause 9.2, IFP will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any of the following which arise under or in connection with the Contract:
(a) any loss of profits, sales, business or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) business interruption;
(e) loss of anticipated savings;
(f) damage to reputation or loss of goodwill; or
(g) any indirect or consequential loss.
- Subject to clause 9.2, IFP’s total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will in no circumstances exceed the fee you paid for your IFP Membership under the Contract.
- Except as expressly stated in these Terms, IFP does not give any representation, warranties or undertakings in relation to the App, the Services or your IFP Membership. 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.
- Neither IFP nor any third party provides any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the content, or any information or materials found or offered, for any particular purpose. That content and information and those materials are not intended to amount to advice on which reliance should be placed and you acknowledge that such content, information and materials may contain inaccuracies or errors, and IFP expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
- IFP will not be liable for any loss or damage caused by or in connection with a distributed denial of service attack, viruses or other technologically harmful material that may infect your mobile or other device, computer equipment, computer programs, data or other proprietary material due to your use of the App or to your downloading of any material posted, or on any website linked to it.
- IFP will also not be liable for any loss or damage caused by or in connection with:
(a) incompatibility of the App with any of your equipment, software or telecommunications links;
(b) technical problems including errors or interruptions ;
(c) unsuitability, unreliability or inaccuracy of the App; and/or
(d) inadequacy of the App to meet your requirements.
- IFP will take reasonable steps to keep your payment details and other information that you provide to it during the application process secure, but IFP will not be liable if a third party obtains access to such information.
EVENTS OUTSIDE IFP’S CONTROL
- IFP will not be liable or responsible for any failure to perform, or delay in performance of, any of IFP’s obligations under the Contract that is caused by an Event Outside IFP’s Control. An Event Outside IFP’s Control is defined in clause 10.2.
- An Event Outside IFP’s Control means any act or event beyond IFP’s reasonable control including, without limitation, strikes, lockouts 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 failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an Event Outside IFP’s Control takes place that affects the performance of IFP’s obligations under the Contract:
(a) IFP will contact you as soon as reasonably possible to notify you; and
(b) IFP’s obligations under the Contract will be suspended and the time for performance of IFP’s obligations will be extended for the duration of the Event Outside IFP’s Control.
COMMUNICATIONS BETWEEN US
- When IFP refers in these Terms to “in writing”, this will include email.
- If you wish to contact IFP in writing, or if any clause in these Terms requires you to give IFP notice in writing, you can send this to IFP by email to IFP at email@example.com. IFP will confirm receipt of this by contacting you by email. If you are exercising your right to cancel under clause 6, please see clause 6 which sets out how to do this.
- If IFP has to contact you or give you notice in writing, IFP will do so by contacting the mobile address you provide to IFP in your application for IFP Membership.
- Any notice given by you to IFP, or by IFP to you, will be deemed received and properly served immediately when posted by IFP (in the case of a notice from IFP to you) 24 hours after an email is sent. In proving the service of any notice, it will be sufficient to prove that the email in question was sent to the specified email address of the addressee.
- You must not do or permit to be done anything which does or might bring IFP into disrepute or does or might harm the reputation, image or goodwill of IFP.
- You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the backend is stored or any server, computer or database connected to the IFP Match Poker App. You must not attack the system via a denial of service attack or a distributed denial of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. IFP is entitled to report any such breach to the relevant law enforcement authorities and IFP will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and the Services will cease immediately, as will your IFP Membership.
- The APP, the IFP site, the Services and the IFP Membership are made available to you only for your own personal non commercial use. You agree not to use the App or the Services or your IFP Membership for any commercial, business or resale purposes.
- The App contains material which is owned by or licensed to IFP. This material includes, but is not limited to, the design, layout, look, appearance and graphics of the Site. This material is protected by copyright laws around the world. All trade marks reproduced on the Site which are not the property of, or licensed to, IFP are acknowledged on the Site as such. You acknowledge that, in respect of any third party intellectual property rights, your use of any such intellectual property rights is conditional on IFP obtaining a written licence from the relevant licensor on such terms as will entitle IFP to license such rights to you.
- You may retrieve and display the material contained on the App on a computer screen or other mobile device or print a copy for your own personal, non commercial use, provided that:
(a) no part of the information is modified in any way;
(b) no graphics are used separately from accompanying text;
(c) the copyright and trade mark notices appear in all copies and you acknowledge the Site as the source of the material; and
(d) any persons to whom you are providing such information are made aware of these restrictions.
- You may not, other than in accordance with clause 15.3, reproduce, modify, copy, publish, distribute, use or make available to the public for any reason whatsoever (whether in print or electronic form) any of the information, logos, designs, names, pictures, texts, graphics, copyright, trade marks, service marks or any other material on or from the App without IFP’s prior written consent.
OTHER IMPORTANT TERMS
- If these Terms have been translated from English then, in the event of any conflict between the English version and the translated version, the English version will prevail.
- Access to the App is permitted on a temporary basis, and IFP reserves the right to withdraw, amend or suspend access to the App and/or the Services without notice. IFP will not be liable if for any reason the App or any of the Services are unavailable at any time or for any period.
- IFP may transfer its rights and obligations under the Contract to another organisation, but this will not affect your rights or IFP’s obligations under these Terms. IFP will always notify you if this happens.
- You may transfer your rights or your obligations under these Terms to another person only if IFP agrees in writing.
- The Contract is between you and IFP. No other person will have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
- If IFP fails to insist that you perform any of your obligations under these Terms, or if IFP does not enforce its rights against you, or if IFP delays in doing so, that will not mean that IFP has waived its rights against you and will not mean that you do not have to comply with those obligations. If IFP does waive a default by you, IFP will only do so in writing, and that will not mean that IFP will automatically waive any later default by you.
- Please note that these Terms are governed by English law. This means that the Contract and any dispute or claim arising out of or in connection with it will be governed by English law. You and IFP both agree that the courts of England will have non exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland you may also bring proceedings in Scotland.
- Your access to the Site, use of the Services and IFP Membership may be subject to other laws and you must comply with all applicable laws and regulations (whether of the country in which you reside or from which you access the Site, or otherwise). IFP will not be liable or responsible if you break any such law or regulation.
- IFP makes no representation that the App or the Services are appropriate or available for use in a Non Permitted Jurisdiction or that IFP Membership is permitted in a Non Permitted Jurisdiction. If you access the App or use the Services or apply for IFP Membership from any such jurisdiction, you do so out of your own volition.