Please take the time to read and understand the Terms and Conditions, including the Game Rules and these Terms of Use before starting. From time to time these Terms and Conditions may change.
SECTION A - BACKGROUND
Welcome to “sportStrade”, a new and exciting concept of sports fan interaction from DamnN International which will now be referred to as “us”, “we” or “our”.
Please read these terms of use (“Terms of Use”) carefully. They set out the basis on which you are allowed to use sportStrade, which can be accessed via our website at www.sportstrade.online (the “Website”) and via our software application (the “App”) (together the “Service”).
These Terms of Use, together with:
the Game Rules and our Privacy Policy and Cookie Policy form the entire agreement between you and DamnN International in respect of your use of the Service (collectively, the “Terms of Service") If there is any conflict or inconsistency between:
these Terms of Use;
the Game Rules; and/or
any Promotion Rules;
they shall prevail in that order.
By opening, logging into or otherwise using any part of the Service, you confirm that you have read, understand and agree to be bound by the Terms of Service (including, for the avoidance of doubt, these Terms of Use and any applicable Rules).
We recommend that you print a copy of them for your future reference. If you do not agree with the Terms of Service you must not click the acceptance button and you may not use the Service.
For the avoidance of any doubt, DamnN International is not a regulated financial services provider. When purchasing any player or team through DamnN International via sportStrade or any other app owned by DamnN International you do not have any ownership, proprietary or other rights over the actual player or team in any way shape or form under any circumstances in relation to their individual or club earning capacity.
When certain words and phrases are used in these Terms of Use, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning set out below or that is given to it in the section of these Terms of Use where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
“Account” refers to a sportStrade account held by an Account Holder.
“Account Holder” is an individual who has opened an Account on sportStrade, via the Website or the App.
“App” is defined in clause 1.3.
"Applicable Law" means all applicable laws, regulations, codes of practice, guidelines, decisions, orders and decrees imposed by law or any competent national or international governmental or quasi-governmental regulatory authority, including all advertising and gambling laws and regulations and data protection legislation.
“Content” means all information, data, images, photographs, videos, text and other content displayed on the Website, the App and/or the Service (including the Third Party Content).
“Force Majeure” refers to any occurrence or condition beyond our reasonable control which leads to a delay or default in the performance of the affected party's contractual obligation and, includes Acts of God, government restrictions (including the denial, suspension or revocation of any necessary licence where such denial, suspension or revocation is beyond the reasonable control of the affected party), wars, outbreak of hostilities, riots, civil disturbances, insurrections, acts of terrorism, fire, explosions, floods, epidemics, pandemics, theft, malicious damage, computer hacks, strikes, lockouts, delay and failure of supplies and sub-contractors, power outages, internet outages and/or any other cause beyond the reasonable control of the party whose performance is affected.
“Service” is defined in clause 1.3.
“Share” refers to the buying of a player.
“Terms of Use” is defined in clause 1.3.
“Third Party Content” means any content available on the website belonging to a third party including the names and images of any sports teams, event organisers, or players displayed on the Website or on the App.
“user”, “you” and/or “your” refers to a visitor of the Website and/or the App generally, or an Account Holder (as applicable).
“User Generated Content” is defined in clause 17.1.
“Website” is defined in clause 1.3.
All references to “including” shall mean “including without limitation”.
All references in these Terms of Use to the singular shall include the plural and vice versa.
All references to “the” shall include “a/an” and vice versa.
We may amend the Service and/or update the Terms of Service (in particular the Game Rules) from time to time, whether to reflect a change to the Service or otherwise. For example, we may make changes that are required to comply with Applicable Law and/or that we think will enhance the Service as a whole.
implementing new features and/or removing existing features of the Service; changing the Game Rules with a view to (in our opinion) enhancing the Service as a whole; and/or Any changes we make to the Service and/or the Terms of Service will be notified to you in advance, either by email or on the Website / the App. If those changes are both (a) material to your use of the Service and/or to your rights or obligations under these Terms of Service; and (b) not to your benefit, they will be notified to you (either by email or on the Website / the App) no less than thirty (30) days before they are implemented.
You should pay particular attention to the latest Game Rules made available on the Website / the App. We periodically update the Game Rules. You are responsible for regularly reviewing the Terms of Service so that you are aware of any changes. Your continued use of the Service after any such changes are implemented constitutes your acceptance of the amended Terms of Service. If you do not agree to (or cannot comply with) the Terms of Service as amended, you must not use the Service (and you must place any player you hold up for sale).
To play sportStrade you firstly you need to open an account and deposit funds into your DamnN Bank.
Once this has been done this will allow you to purchase players or teams in a tournaments, series or leagues.
We reserve the right to withdraw the Service from you, suspend your Account and/or terminate your Account at any time. If we decide to terminate your Account:
because you are found to have committed a Material Breach, we shall return your initial cash deposits to you LESS any withdrawals you have made LESS any losses you may have incurred (resulting from the reduction in the value of any units) and LESS any losses we have suffered as a result of your Material Breach. We will then terminate your Account, and you will not be entitled to claim any winnings or profits whatsoever, including Dividends and/or other payouts or amounts over above your cash deposits; or
where we determine that termination of your Account is necessary but that your behaviour does not amount to a Material Breach (except in the case of self-exclusion), we shall: suspend your Account and prevent you from accessing it;
You must not:
interfere with, or disrupt, the Service or any servers or networks connected to the Service, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Service is rendered or displayed in your browser or device;
access or use the Service via a means not authorised in writing in advance by us, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies); attempt to restrict another user of the Service from using or enjoying the Services and you must not encourage or facilitate the breach of the Terms of Service by others;
use the Service for any illegal, fraudulent or unauthorised purpose; or
change, modify, adapt or alter the Service or Content or change, modify or alter another website so as to inaccurately imply an association with the Service or with us.
By using our Service, you confirm and agree that you:
are at least 18 years old;
are legally capable of entering into binding contracts;
are a physical person;
are not depositing monies originating from criminal and/or other unauthorised activities or conducting criminal activities whereby an Account is directly or indirectly involved;
are not depositing monies through a Card and/or bank account in the name of a third party and/or utilising a Card and/or bank account in a jurisdiction in which betting and/or gaming is prohibited;
will not permit any other users to use your Card to deposit or withdraw funds from a sportStrade account;
will keep your Account details up-to-date in terms of the following: first and last name, country of residence and valid email address have provided information that is true, complete and correct in the registration process; will not open more than one Account with us;
will not, as the Account Holder, permit any other person to access, use, deposit money into or trade from your Account; and will only deposit your own funds into your Account and, in particular, you will not use funds borrowed or loaned from another person or company, or any bank, credit or lending facility, to place units on the platform or deposit money into your Account.
To apply to open an Account, you must provide the following information, together with any other information requested, in the Account opening form:
your date of birth (showing that you are over eighteen (18) years of age);
your first and last name;
your valid email address; and
a confidential username and a password of your choice.
When applying to become an Account Holder, you must not be under the age of 18 years. We reserve the right to request proof of identity and address, such as:
a passport or national identity card; and/or
a driving licence; and/or
a recent utility bill;
and other reasonable documentation we may require.
If, during the verification process, you are shown to be underage or you otherwise fail verification, your Account will be suspended indefinitely, and no further buying or selling of units will be permitted from your Account until you satisfactorily complete the verification process at a later stage.
We are also under a regulatory requirement to verify the source of funds placed on certain deposits and withdrawals. To this end, we may seek such other information or documentation from you as we reasonably require in order to verify your identity, your source of funds and/or your compliance with the Terms of Service and any other applicable laws. We may suspend your account at the point we request source of funds documentation (or other verification information). Alternatively we may, acting reasonably, suspend or terminate your account where you fail to respond to our requests, or otherwise fail to provide such information or documentation to successfully complete your verification (at our sole discretion). We reserve the right to pass on any information we deem necessary to the relevant authorities.
We may also request additional information from time to time, in order to ensure that the information that we hold in relation to your identity and source of funds remains accurate and up to date.
It is your responsibility to ensure that your personal details (including contact details) on your account are kept current.
We may, acting in our sole discretion, decline to open an account without any explanation. If we discover, or have reasonable grounds to believe, that you are in breach of any of the Terms of Service we will not register you as an account holder, or where you have already been registered, we may with immediate effect suspend and/or close that account.
When opening an account, you confirm that you understand and agree that:
there is no requirement on you to use the Service, and such participation, if elected by you, is at your sole choice, discretion and risk; and
you may only use the service for individual, personal and not professional or syndicate purposes. If you have a query relating to your account, it is your responsibility to notify us at the earliest opportunity, providing as much information as we may reasonably require.
Your username and password must be kept confidential by you. We reserve the right to regard as valid the ‘buying’ of any player where your username and password (or such other criteria as may be required and as communicated to you) have been correctly entered (which may be as a result of your negligence), unless you are able to demonstrate to our reasonable satisfaction that such use was neither permitted nor authorised by you nor due to your fault or negligence. Please contact us immediately if you have lost or forgotten your account details. You agree to inform us immediately if you believe that your account information is being misused by a third party so that we may suspend your account to prevent further misuse.
At any point you can deposit and withdraw from your account. Account holders can use any currency preferred and different currencies conversion charges could/can or will be borne by the account holder.
We will only accept Card payments into your DamnN Bank account.
Interest is not payable on any account balances. We do not provide credit. It is your responsibility to maintain sufficient funds in your account.
You will be charged 2% when you deposit any money into your DamnN Bank account, but nothing to withdraw, although you should check with your bank, mobile phone providers, and/or other payment service provider whether they will levy any charges. You (and not us) are responsible for reporting or declaring any funds withdrawn, including any winnings, if such reporting is required by local law, tax or other authorities.
This is the most important part and also the best.
You have complete control in regards to which players and teams you buy and also sell at any time.
We make every effort to ensure that no errors are made in prices offered by us through the Website/App, however, human and/or systems error may occasionally result in errors.
We reserve the right to correct any reasonably obvious errors. Should funds be credited to your account, it is your responsibility to notify us of the error without delay. Any profits or losses subsequent to the error and prior to notifying us, whether linked to the error or not, shall be deemed invalid and returned to, or otherwise be reclaimable by us.
If users are found to have abused the system in any way, shape or form in securing units from sportstrade or from another user, sportstrade can remove the units acquired without any recourse from the user at anytime.
A palpable error could occur, where a price is given that For all intents and purposes to a ‘reasonable person’ is incorrect, not right or a clear mistake. If this occurs then sportstrade reserves the right to resolve the matter in a timely manner in any form, but not limited to whether that be units, prices, players, teams or any other affair in sportstrade on a full and total basis.
Please contact us if you wish to close your Account.
If your Account becomes an Inactive Account:
we will use reasonable efforts to notify you and give you the opportunity to reactivate your Account (following the process set out in the Help and FAQ section of the Website) ("Inactivity Notice");
if you do not reactivate your Account within 30 days of receiving our Inactivity Notice, we reserve the right to terminate your Account in accordance with Clause 5.1(b).
If we are unable to return any funds due to you pursuant to clause 14.2.2, a charge to compensate us for the costs incurred by us in maintaining the Inactive Account will be deducted from the funds in your Inactive Account from the date specified in the Inactivity Notice until the earlier of: (a) your Account being reactivated or (b) the funds in your Inactive Account being exhausted (at which point we may close your Account).
If you have any queries regarding Inactive Accounts, please contact customer services for further information.
We do not exercise editorial control over, and therefore do not endorse any, User Generated Content, and we shall not be liable in relation to such User Generated Content. You understand and agree that you are solely responsible for your User Generated Content.
For any User Generated Content you provide, you shall ensure that such content:
is an original work created by you or you have a licence or the express consent of the owner to use the User Generated Content in that manner;
does not infringe any third party intellectual property rights or privacy rights anywhere in the world;
does not contain any defamatory or otherwise inappropriate materials or statements;
does not contain any form of malicious computer code (e.g. viruses, bugs, trojan horses etc.) which could disable or disrupt any of the Service;
complies with all Applicable Laws; and
may be used in connection with publicising and promoting us and our Service.
Any User Generated Content you provide will be considered non-confidential and lawfully provided by you and you are automatically deemed to have granted us an irrevocable, transferable, royalty-free licence to copy, exhibit, publish, distribute or otherwise use and sub-license that User Generated Content as we see fit, including for commercial purposes.
Such uses may include in printed publications, multimedia presentations, on Website or on the App or in any other distribution media.
You agree that we may also use your name, likeness and any other biographical information contained in such User Generated Content as we see fit, including for commercial purposes. In addition, you waive any right to inspect or approve the finished product, including written copy, wherein your likeness or testimonial appears. For the avoidance of doubt, you agree that you will make no monetary or other claim against us for our use of your User Generated Content.
If you have any issues with User Generated Content provided by any other users or if you would like to discuss our use (or non-use) of your User Generated Content, please let us know by contacting us here. We reserve the right (but are not obliged to) to edit or remove User Generated Content.
You will indemnify us on demand against any and all losses, damages, claims or expenses that we suffer or incur (directly or indirectly) as a result of any third party claim made against us in connection with any User Generated Content that you upload to the Service.
FRAUD
We reserve the right to seek criminal or other sanctions against you if we suspect you have engaged in fraudulent, dishonest or criminal acts and we may disclose such information to the relevant authorities or other relevant third parties (for example, payment service providers) as may be necessary in this regard. We reserve the right to suspend or terminate any Account if we believe you are involved in fraud, money laundering and/or any other form of illegal or suspicious activities and to report such details as we reasonably consider are necessary to relevant authorities.
LIABILITY
PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT IMPORTANT INFORMATION CONCERNING THE LIABILITY OF DAMNN INTERNATIONAL TO YOU (ON THE ONE HAND) AND YOU TO DAMNN INTERNATIONAL (ON THE OTHER HAND):
We agree to provide the Service with reasonable skill and care and as described in these Terms of Use.
Except as stated in these Terms of Use, the Service is provided without further warranty of any kind. All conditions, warranties, representations and terms implied by law, custom or otherwise are excluded by us to the fullest extent permitted by applicable law.
meet your requirements;
stay the same (as we might change the Service or remove it altogether);
be compatible with all or any hardware or software which you may use;
be available all the time or at any specific time;
be accurate, up-to-date or reliable; or
be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.
cannot guarantee the performance or security of our Service; and will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Service to the fullest extent permissible by law.
You accept that by using the Service, there is a risk that you may lose money as well as win money. You acknowledge and agree that your use of the Service is at your own risk and we do not accept any responsibility for your losses incurred in the ordinary use or in your misuse of the Service.
We do not accept any liability for damage and/or losses to you and/or a third party due to any:
mistake, misprint, transaction error, technical failure, in each case to which arises in circumstances beyond our reasonable control (including arising from incorrect or incomplete data from a third party provider);
cancellation of any game, match, race for any reason beyond our reasonable control;
Force Majeure;
violation of the Terms of Service by you or a third party;
collusion and/or criminal actions by you or a third party;
advice or recommendations provided by us (including tips as part of our marketing materials) or third parties (including comments on the forum or guest bloggers, vloggers and/or articles) via the Service;
loss of content or material uploaded or transmitted through the Website or the App;
loss that you may incur as a result of misuse of usernames or passwords or from any unauthorised use of your Account, whether fraudulent or otherwise;
Bets not being placed for any reason (unless as a result of negligence or breach of the Terms of Service by us) or you being disconnected from or unable to access the Service, including but not limited to failure, inadequacy or disconnection of your computer, mobile device, telecommunications services, internet connection or otherwise, and the balance of your Account will at all times be as is recorded on our server;
You confirm that, subject we shall not be liable to you or any third party for any modification to, or suspension or discontinuance of, the Service (including as a result of any changes to gambling regulations, tax regulations, or policies relating to key suppliers such as Google or Apple).
We shall not be liable to you in contract, tort (including negligence), breach of statutory duty or however
arising for:
loss of data;
loss of reputation;
loss of opportunity; or
loss of goodwill.
We shall not be liable to you for any indirect or special loss. This means that we will not be responsible for any loss or damage that was not a foreseeable result of our negligence, breach of the Terms of Service, statutory duty or any other duty of care that we may owe to you. Loss or damage is foreseeable if it is an obvious consequence or if such loss or damage was contemplated by you and us at the time that you became bound by the Terms of Service. Nothing in these Terms of Use shall limit or exclude any liability for which it would be unlawful for us to exclude or restrict liability including but not limited to: (a) death or personal injury caused by our negligence; (b) our fraud or fraudulent misrepresentation. Nothing in these Terms of Use shall affect your statutory rights as a consumer.
Waiver
Failure by us to insist upon strict performance of any of your obligations or to exercise any of the rights or remedies to which we are entitled shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any provision shall not constitute a waiver of any subsequent breach of that provision.
The Terms of Service constitute the entire agreement between you and DamnN International and supersede and extinguish all previous agreements, arrangements, promises, undertakings, proposals, warranties, representations and understandings between them (" Pre-Contractual Statement "), whether written or oral, relating to its subject matter.
You acknowledge that in entering into the Terms of Service, you have not relied on any Pre-Contractual Statement (whether made innocently or negligently), which were made by or on behalf of DamnN International, in relation to the subject matter of Terms of Service, that is not expressly set out in the Terms of Service.
You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any Pre-Contractual Statement.
You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with your use of the Service, without our prior written consent.
You agree that we may transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with the Service.
You also agree that we may use third parties and sub-contract our obligations provided that we remain responsible to you for the performance of these Terms of Use.
If any of these Terms of Use should be found to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be removed and the remaining terms shall survive and remain in full force and effect and continue to be binding on and enforceable by DamnN International and you.
A person who is not a party to these Terms of Use has no rights under the Contracts to enforce any of these Terms of Use but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.
Should you wish to make a complaint, please ensure that you follow the internal complaints process. Failure to adhere to this process in full may result in delays in finding a resolution to your problem. If you have exhausted our internal complaints process but your complaint has not been resolved to your satisfaction, you can raise a formal complaint by: an email addressed to us in our ‘contact us section’ will reviewed and respond to you accordingly.
Once we make the final decision, we will notify you using your preferred method of contact law. Nothing in the Terms of Service affects your rights as a consumer to rely on such mandatory provisions of local law.
Last updated: 29/10/2021