TERMS AND CONDITIONS
These Terms and Conditions (hereinafter "T&C") must be read and accepted by the user during the registration on the website www.accufootball.cl. Likewise, the presented T&C will be applicable to any user or person who agrees or uses the services provided by the mentioned website.
Accufootbal SpA, hereinafter "Accufootball" or "the Company", may, at any time, change, modify and / or complement the content of these T&C regarding the general conditions, rules for creating rankings, raffles, draws and/or prize allocations, rights and obligations of the parties, purchase of subscriptions, account suspension and closing, and generally in regard to any other provisions related to the T&C, which will be published on the website and must be expressly accepted by the user. In case the changes made to these T&Cs are not accepted by the user, he or she must abstain from entering the website and close the account.
The T&C contained in this instrument shall be understood as being part of all acts and contracts executed or celebrated between the users of this website and Accufootball, thus governing the relations between the parties, as detailed below.
The service offered by ACCUFOOTBALL through its website https://accufootball.com/ corresponds to a free and recreational activity, consisting of the available sports forecast that each user makes on the website, according to the specific knowledge he or she has regarding each sports area. According to the above, part of the content of the platform is created based on the contributions of the users themselves, so the Company does not assume any responsibility for the use that users make of the information available there. In view of the above, the user must act with responsibility at all times, making a reasonable use of the information received.
The data and / or any information published on the website www.accufootball.com that relates to sports results, are mere forecasts made by the users of the platform, so neither the Company nor any partner, director or worker of the Company guarantees the accuracy of the information provided, nor can they be held responsible, directly or indirectly, for its content nor for the actions thereof made by the user. Similarly, Accufootball does not guarantee the uninterrupted provision of such information, its accuracy or the results obtained through its use.
The users declare to know and accept that the sports forecasts made by the participants in the platform may be used by the Company for commercial, advertising, promotional, marketing and, in general, for any other purpose related to the commercial strategies drawn up by Acufootball.
The user of https://accufootball.com/ acknowledges that he or she is solely responsible for the use of the information available on the website, as well as his or her actions and decisions regarding such information.
A user will be any person who is legally an adult according to the legislation of their respective country that registers in the platform, providing the personal information required by the Company.
After completing the sign up form, the user must read and accept the T&C.
Each and every user can only have one account, or profile, at the time. If the Company detects that a user has more than one account, the user can be banned from using the services provided by Accufootball.
Users are defined as all the natural persons who register on the platform, entering for such purposes the data requested by the Company.
At the time of completing and sending the requested information, the user must jointly read and accept the presented T&C.
Each user can be the holder of a single account or profile. If the Company should detect that a single user has more than one account, they may be expelled immediately, according to the provisions of the “User Rights and Obligations” section.
Once created the profile, the user will be able to make sports forecasts, for which he will have in his account a score record, which will increase according to his successes. The points that the user acquires product of their forecasts are not exchangeable for money and do not give any right that allows their exchange for money or any patrimonial asset. The points have a unique and exclusively promotional nature and can only be used on the website in accordance with the presented T&C. Accufootball may, at any time, modify the scoring program.
Points acknowledge to the user in his account, which is managed by Accufootball and accessible from the website, will increase according to the correct predictions that the user has made regarding sports events that are only and exclusively available on the website www. accufootball.com or any of its variants. In this way, there will be no allocation of points for sporting events that are not available on the website, even though these are actually carried out.
The score accumulated by each user will be used to make a weekly, monthly and annual ranking, according to each category or league in which the user has participated with his forecasts. The information in this ranking will be available to all other users, who may use this information for future forecasts. Accufootball reserves the right to hide information related to the top places of each ranking, allowing access to it for those users who pay a subscription.
A prize will be assigned to users placing top 1 positions on each one of the rankings mentioned before. The prices will be given weekly, monthly and / or annually, according to the duration of each ranking. The prize of each of the rankings will be previously selected by the Company, and informed through the Accufootball website.
The score of an account may be withdrawn, and the account itself closed, without Accufootball assuming any liability to the user, or compensate him or her in any way, if there are no movements in the account during a consecutive period of twelve months. In the same way, the account may be closed, and the points withdrawn, in case the user does not comply with the presented T&C.
The score acquired by the user, and recognized in their account, is personal and non-transferable in any way whatsoever.
RANKING RULES, WINNERS NOTIFICATION AND PRIZE CLAIM
Accufootball will make the rankings based on the leagues offered by the platform and the number of forecasts made by each user in one or more leagues, according to the following criteria:
General Monthly Award (to establish the monthly winner):
Annual General Award (season ends May 31 of each year)
Monthly League Award:
General Weekly Award:
The Potential Winner in each case will be notified by email within two business days after the corresponding end of the cycle, or at a close date (hereinafter the "Initial Notice"). Through the Initial Notice, the Company will request from the Potential Winner the necessary data to deliver the prize. In the case that Accufootball makes reasonable efforts to locate the Potential Winner, but it is not possible to contact him within two (2) days of the first Initial Notice attempt, such Potential Winner shall forfeit the right to claim the Prize, and another (1) Alternative Winner ("Alternative Potential Winner") will be notified. This Alternative Potential Winner will be the user with the highest score after the Potential Winner disqualified.
In the same way, if the Potential Winner is not eligible, and / or does not comply with the present T & C, or does not send the information requested by the Company to deliver the prize, he/she will be disqualified and an Alternative Potential Winner will be selected in accordance with the previous paragraph. The Potential Winner or Alternative Potential Winner (when applicable) who meets all of the above requirements will be named Official Prize Winner ("Official Prize Winner") and will be awarded the prize.
Each of the available leagues in the platform is subject to a certain schedule of matches. These schedules contemplate a recess period, which is established by each Federation. In this regard, Accufootball will not allocate or award prizes during any of the recess periods. In addition, Accufootball reserves the right not to assign and / or fail to award prizes in the event that a particular League has been suspended for one or more weeks, by decision of the corresponding Federation or a minimum of 24 matches per month, per league is not accomplished.
The allocation, award and/or exchange of prizes is subject to stock availability.
CREATION OF POOLS BY USERS
Accufootball, through the Platform, offers the users the possibility of creating personalised Pools, where the participants of each group compete for an accumulated amount formed by the participants of the group.
For each Pool, the Platform will create a ranking based on the parameters that each administrator establishes for the Pool.
The Company has no participation or liability in regards to the prizes that each Pool gives away to the participants. In the same way, the Company does not require any kind of payment or rake.
The users will have the privileges to create and administrate their own Pools, in which they will establish the terms or parameters of the Pool, number of winners and what amounts of the pool will be shared between the participants. In the same way, users can determine a specific amount required to enter the pool.
The user that creates a Pool may establish that the Pool is open to any user of the Platform, or that it is restricted to the users that have received an invitation sent by the administrator through a link specially created for this. In both events, to enter, the participants must agree to the terms agreed for each Pool.
The creator and administrator of the Pool will be free to determine the criteria in which the forecasts will be set. For example, the administrator can create the Pool for only one match; for a certain amount of matches to be played during a specific week, month or season; for the matches to be played by a specific team during a week, month, season, etc.
Users will be able to enter a specific Pool at any time they wish or when they receive the invitation to be part of the specific Pool. Nevertheless, in case that one or more matches in the Pool have already taken place, these matches will be considered as missed forecasts for the new user. The forecasts can be done or modified up to 2 hours before each match starts.
To take part of a public or private Pool, each user must make a forecast for every match included in the Pool. Each user will use their own knowledge to forecast the matches, being able to chose between 3 different kind of forecasts:
The Winner of each Pool, public or private, will be determined from the highest score obtained at the end of the competition, given the 3 systems mentioned above.
In any of the systems mentioned above, the Administrator of each Pool will determine the number of Winners, not Accufootball. In the same way, it will be the Administrator of the group that will determine the amounts of the Pool that will be shared among the Winners.
A Pool is considered active from the moment that 2 or more users are part of it. Once active, the Pool cannot be eliminated by the Administrator.
The pool, public or private, will have a determined duration, ending with the last match of each competition. If one of the matches included in the competition is cancelled or rescheduled for a later date than the end of the Pool, that match will be automatically excluded from the Pool.
The payment of winnings will be done once results have been veryfied. This will be done over 48 hours.
Deposits and withdrawals through the platform
The Company will not receive any kind money and will not process any kind of money transfer action with the users directly. All operations that include processing and transfer of funds, from users to their accounts and from the Platform to the users, will be done through third party service providers authorized and licensed by each country.
Accufootball is allowed to charge commissions to the users for inbound funds to their respective accounts. The percentages and conditions applied will be informed to the users at the time they proceed to fund their accounts. Please be aware that you credit card provider, bank account or payment processing system can charge additional commissions, that in any case will not be refunded by the Company.
To forecast the user must have their accounts funded, otherwise the Platform will not accept the forecasts. Neither the Company, nor any of their employees, managers, board members or stockholders will ever grant credit or give loans to users.
Accufootball is allowed to retain all the funds from a respective user if he or she has failed to comply with the T&C, or commits an act of felony or fraud.
The users can request the full withdrawal of the funds accumulated in their accounts at any time being, through the Platform using the “Withdrawal of Funds” option. When the user requests the withdrawal of their funds through the Platform, the user will be redirected to an external webpage from the Operator of the payment method selected. The withdrawal will be done in the time frame that the Operator establishes for that specific type of withdrawal.
The withdrawals can be subject to monthly maximums, and will be given to the user through the external payment Operator, to the account that the user has registered in the Platform.
Each and every user is responsible to notify their local authorities in regards to gains and losses for tax purposes.
The currency conversion for bank transfers and withdrawals will be set by the external payment Operator, under their own criteria and conversion rates. Accufootball does not profit from the conversion of currencies.
RIGHTS AND OBLIGATIONS OF USERS
The user will be able to:
The user must:
The user will respect and act in good faith regarding all that is directly and indirectly related to the contents of the portal.
Declare and commit to the fact that the origin of the funds deposited in the Platform to be used for user Pools are legal and are a result of legal activities. In the same way the user declares and commits that they will not use the Platform as a means of money transfer, money laundering, or the development of any illegal activity. In the event that the Company acknowledges o has suspicion that a specific user is using his or her account to take part of illegal activities or fraud, the Company will immediately block the access to the Platform services and cancel the account without any notice, and is not obliged to reimburse the funds to the respective account. The Company can also share the user information to the respective local authorities in each and every case under their own discretion.
Finally, the user will not to carry out any of the following behaviors:
The Company will have the right to modify the present T&C, as well as the access conditions to the portal, unilaterally and without prior notice to users.
Accufootball SpA reserves the right to terminate its status as provider of the website services and all rights that may correspond to such condition, at any time, as a result of non-compliance of its obligations under these Terms and Conditions, by force majeure, cessation or suspension of the services offered by the Portal, or dissolution, extinction or cessation of Accufootball activity. In case of termination as a service provider, the Company will not have any liability or obligation to the user, and may cancel their account and void any score accumulated by the users. For the Pools, the Company will credit the accumulated funds to each account in a timeframe of no longer than 130 week days.Notwithstanding the foregoing, Accufootball may exercise legal actions as it deems appropriate to demand the responsibilities arising from any breach of the T&C or applicable law.
The Company reserves the right to establish particular conditions and, where applicable, the requirement of a price or other requirements to access certain services and / or contents.
Accufootball reserves the right to limit, exclude, suspend, cancel, modify or condition, upon notice to the user, the access of these in the event that the guarantees of the correct use of the platform are not guaranteed, in accordance with the obligations and prohibitions assumed by users. In the event that Accufootball cancels the account of a user due to the misuse of the platform, all points, prizes, or other benefits acquired, will be canceled together with the account, allowing no right to the user to claim any compensation by the Company.
The Company may terminate, suspend, modify or condition, without prior notice, the provision of a service or supply of content, without thereby having to compensate users, when said service or content is illegal or contrary to the conditions established for them. In that event, Accufootball will be able to cancel the account, void all the scores and cancel any other associated benefit or compensation by the company.
Accufootball may modify unilaterally, without prior notice, the structure and design of its website, and may update, modify or delete all or part of the contents or services and conditions of access and / or use of the website, and may even limit or not allow access to such information.
Accufootball reserves the right to initiate any relevant legal or judicial actions whenever the company deems it convenient for an adequate protection of their rights or the rights of third parties that provide services or contents through its website.
The Company may demand users to pay a compensation in case of an improper or unlawful use of all or part of the services and / or content provided through its platform.
PURCHASE OF SUBSCRIPTIONS
The Company may make the subscription of exclusive contents of its platform available to the users. To access such subscriptions, the user must (i) register on the website by entering the data requested by the Company, and (ii) accept the present T&C. It will be the obligation and responsibility of the user to know at all times the T&Cs and accept them in order to complete the purchase process.
Once the purchase of a subscription has been made, the user may request the cancellation and demand a reimbursement for the paid amount, as long as the request is in writing within 48 hours after the payment. Once this period is done, the user cannot request a refund.
Accufootball will not be responsible for incidents that are caused by computer and / or technical failures of third parties in the purchase of subscriptions. Likewise, the Company will not be responsible in the event that a subscription is not activated by any defects or deficiencies caused at the purchase time, without prejudice to commit to putting all the means that are within their reach to regularize the purchase of the subscription as soon as possible.
The Company reserves the right not to accept a payment of a user's subscription either because the client is required to provide additional documentation confirming his identity or for any other reason that the Company deems appropriate. Failure to accept the payment of the subscription will be notified to the user within 15 days by email, stating the reasons for such rejection, and the user may make allegations in defense of their rights to the customer service of the Company, which will be answered within 15 days.
SUSPENSION AND CLOSURE OF ACCOUNTS
In the event that users wish to close their account, they should contact the Company by e-mail email@example.com.
The Company may close or suspend the account of any user, at any time, after notification, for the concurrence of any of the following reasons:
Notification to the affected user will be carried out within 15 days after the cancellation of the account, by e-mail, indicating the reasons for such cancellation, and the user will be able to submit disclaimers to the customer service of the Company, within 5 days of the e-mail reception.
The Company may close or suspend the account of any user, at any time and without previous notification, for the concurrence of any of the following reasons, which shall be considered a serious breach of the present T&C:
CONTESTS, RAFFLES AND PROMOTIONS
Any contest, raffle or other promotions available through the platform may be governed by different rules of the present T&C. If the user participates in any contest, raffle and / or promotions, he / she will be obliged to review the applicable rules. In case the rules governing any raffle, contest and / or promotion conflict with these terms, the rules of the promotion, contest and / or specific game will apply.
EXEMPTION AND LIMITATION OF LIABILITY
The use of the platform is done by the user at his/her own risk. Accufootball is exempt from any liability for damages of any nature due to the impossibility or difficulty of connecting to the network, for the interruption, suspension or cancellation of access to the website, its availability and continuity of operation when due to a cause outside Accufootball.
The Company is exempt from any liability of loss of money, profits, business, income, opportunities, data or any other loss or damage suffered by the user in relation to the use of the information and / or contents published on the website.
In the event that the website contains links to third-party websites, neither the Company nor its partners, directors or employees shall be liable for such links, nor for their content, nor for any losses or damages that may result from their use.
The user will be personally liable for damages and losses of any nature caused to Accufootball, directly or indirectly, for breach of any of the obligations arising from the present T & C or other provisions that regulate the use of the platform.
All content on the www.accufootball.com website is owned by Accufootball. The diffusion or copy (partial or total), of any of its content, with or without commercial purposes, without the express written consent of Accufootball, is prohibited.
The Accufootball brands included in the website, as well as their respective logos and designs, are trademarks (registered or not) owned by Accufootball, and may not be used by third parties unless expressly agreed and according to the terms and conditions agreed upon in writing with the Company. All other trademarks on the website are owned by third parties outside Accufootball, and may not be used by third parties without the express written authorization of their owners
Both Accufootball and the owners of other trademarks on the website, may exercise all rights and intellectual property laws’ resources, in order to ensure compliance with their rights.
The use of the contents and services, under any modality, in whole or in part, is subject to express and written authorization by the Company.
Certain content on the Accufootball platform is generated by the users themselves, and its use, publication or redistribution is strictly prohibited without the consent of their respective owners.
The contents related to sports forecasts belong to Accufootball, without prejudice to the present T & C regarding the limitation of responsibility of the company.
TREATMENT OF PERSONAL DATA
By accepting the present T & C, the user expressly consents that the personal data provided at the time of creating the account, as well as any other data that could be delivered during the interaction with the platform, will be included in a registry, automated or not, will be Accufootball responsibility, who will be the sole recipient of the data, and whose purpose will be to manage the user's interaction with the platform, as well as the maintenance, development and control of the same.
The user agrees that Accufootball can share personal data through an automated communication system to electronic payment Operators so they can process payments and withdrawals to the user’s account that is registered in the platform.
In the same way, the user authorizes Accufootball to use the data provided for marketing studies, advertising, statistical analysis, profiling of the user, as well as conducting advertising and commercial campaigns.
In the event that there is any variation in the data provided by the user to Accufootball, he/she must inform the Company, so that it can update it.
In the event that the user closes the account, Accufootball may continue to use the data provided by the user for commercial and / or advertising purposes, as long as such authorization is not revoked in writing by the user, or after a period 6 months starting from the account’s closure.
The user has the right to request access, rectification or deletion of his data through the website or by means of a written request to the email firstname.lastname@example.org.
In the event that any or part of any of the clauses of the present T&C are declared illegal, void, invalid or unenforceable by any judicial or administrative body, such statement shall not invalidate or unenforce the remaining clauses, which will remain fully valid, provided that the clause (s) declared to be illegal, void, invalid or unenforceable is (are) not essential.
The clauses or parts thereof declared unlawful, void, invalid or unenforceable shall be deemed to have been removed from the T & C or not applicable in that circumstance, as the case may be, and the parties shall negotiate in good faith their substitution and find the appropriate terms to satisfy both parties.
The Company reserves the right to transfer any of its rights and obligations under these T&C to anywhere, and there is no obligation to communicate such transfer to users.
The Company actively monitors traffic to and from the website, reserving the right, in its sole discretion, to block the access of users with evidence of automated or robotic activity.
The Company reserves the right to restrict access to all or certain parts of the website to certain jurisdictions.
The Company may alter or modify the products offered through the website at any time and for any reason.
The user’s acceptance of these T&C will be of indefinite duration until the user or the Company cancel or terminate the T&C expressly, or until the Company modifies them, in this case the user's prior acceptance of the changes will be required before such changes are implemented.
APPLICABLE LAW AND JURISDICTION
The present T&C are subject to the laws of the Republic of Chile and users agree to submit to the jurisdiction of the ordinary courts of justice of the city of Santiago de Chile in case of any controversy that arises in relation to the established in the presented T&C.