Terms and conditions

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.


GENERAL CONDITIONS

The service offered by ACCUFOOTBALL through its website www.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 www.accufootball.cl 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.



PLATFORM OPERATION

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):

  1. A minimum of 120 predicted matches and at least 90% of forecasts in 4 different leagues.
  2. If a minimum of 40% of the results are not forecasted during the last week of the cycle, the user will not be eligible for the prize.
  3.  Once the above is satisfied (to settle in case of a tie):
    • Best % of Yield in that month.
    • Highest number of successful forecasts in that month.
    • Best % of Yield history.
    • Highest number of historical successful forecasts.
    • Best % of Yield in the last week of cycle (month in question).
    • Highest number of successful forecasts in the last week of the cycle.
    • Raffle.


Annual General Award (season ends May 31 of each year)

  1. Minimum of 800 matches.
  2. In case of not forecasting a minimum of 90% of the matches during the last two months of the season in 4 different leagues, the user cannot be eligible for the prize.
  3. Once the above is satisfied (to settle in case of a tie):
    • Best % of Yield that season.
    • Most forecasts that season.
    • Best % of Yield history.
    • Highest number of historical forecasts.
    • Best % of Yield last month.
    • Highest number of successful forecasts in that month.
    • Best % of Yield last week of the cycle.
    • Highest number of successful forecasts during the last week of the cycle.
    • Raffle.


Monthly League Award:

  1. Forecast a minimum of 90% of league matches during that month. Prize will be given only in case the league has had a minimum of 16 matches during that month. 
  2. Once the above is satisfied:
    • Best % of sYield in that league in that month.
    • Most successful forecasts in that league in that month.
    • Best % of Yield in that historical league.
    • Most successful forecasts in that historical league.
    • Best overall % of Yield in that month.
    • Highest number of general successful forecasts in that month.
    • Best overall % of Yield overall.
    • Highest number of general historical successful forecasts.
    • Best % of Yield last week of the cycle in that league.
    • Highest number of successful forecasts last week of the cycle in that league.
    • Best % of Yield last week of the general cycle.
    • Highest number of successful forecasts last week of the general cycle.
    • Raffle.


General Weekly Award:

  1. Forecast a minimum of 45 general matches and at least 100% of matches in 4 different leagues.
  2. Once the above is satisfied:
    • Best % of Yield in that week.
    • Most successful forecasts in that week.
    • Best % of Yield history.
    • Highest number of historical successful forecasts.
    • Raffle.



Rank making

General:

  1. Minimum of  100 games.
  2. An activity  of at least 85% of forecasts in two different leagues for the past week and have rank at least in two leagues.
  3. Once the above is accomplished (depending of the ranking):
    • Best % of successful forecasts or Yield.
    • Highest number of successful forecasts.
    • Best % successful forecasts or Yield last week.
    • Highest number of successful forecasts last week.
    • Best % successful forecastsor Yield last month.
    • Most successful forecasts last month.
    • Age of the account.
    • Alphabet.

Leagues:

  1. Minimum of  32 games.
  2. An activity  of at least 85% of forecasts  for the past week.
  3. Once the above is accomplished (depending of the ranking):
    • Best % of successful forecasts or Yield.
    • Highest number of successful forecasts.
    • Best % successful forecasts or Yield last week.
    • Highest number of successful forecasts last week.
    • Best % successful forecastsor or Yield last month.
    • Most successful forecasts last month.
    • Age of the account.
    • Alphabet.

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.


RIGHTS AND OBLIGATIONS OF USERS

The user will be able to:

  • Enter the website free of charge, without prejudice to specific technical conditions, or the need for prior registration for certain specific contents and / or services, as determined in the T & C
  • Make use of the services and contents available on the Accufootball website for an exclusively private purpose. The user hereby agrees not to use the portal for commercial purposes, unless the Company expressly consents within the terms and conditions
  • Be the holder of only one account. Accufootball may request additional information from the user to confirm his identity, without the need to notify or inform the user of the reasons for the request. In case the Company detects a duplicate account of the same user, he/she will be immediately expelled from the platform, without notice or notification, losing access to the services offered and the score earned.
  • Make a correct and lawful use of the website, in accordance with the presented T & C, the legislation in force in the country of residence of the user, morality, good customs and public order.


The user must:

  • Declare and guarantee that they own a single account according to the requirements expressed in the T&C.
  • Enter the requested data at the time of registration, making sure it is correct and truthful. Neither the Company nor its directors, partners and / or employees shall be liable, directly or indirectly, for any consequences arising from the falsification or inaccuracy of the data provided by the user at the time of registration. The user will be responsible for keeping the Company, its partners, directors and / or workers harmless in the event of any claim, regardless of its nature, that originates in the data delivered by him/her to Accufootball.
  • Keep the registration data up to date, so that the information provided is truthful, correct and current. Failure to comply with this obligation will entitle Accufootball to terminate the agreement and close the user's account.
  • The user will be the only responsible for keeping the account data up to date, which means the username and password, and will be responsible for any action taken through it.
  • If the user detects any improper use or irregular activity in his account, he must inform Accufootball immediately and in writing to the e-mail contacto@accufootball.com, and he will not hold the Company, its directors, partners or workers responsible for the lack of notice and the consequences of such omission.


The user will respect and act in good faith regarding all that is directly and indirectly related to the contents of the portal.

Finally, the user will not to carry out any of the following behaviors:

  • Use any type of computer program designed to modify or interfere with the operation, services or contents of the website. Neither should the user take actions that tend to modify Accufootball’s files or computer programs; harm, overburden or interfere the proper functioning of Accufootball servers; participate, directly or indirectly, in any type of computer hack that is intended to harm the Accufootball website or the interaction of other users in the portal.
  • Publish offensive, abusive, threatening, obscene or defamatory content from any point of view (racial, sexual, religious or other); publish material with sexual content, excessive violence or offensive topics, or publish links to such content; Treat without due respect to any person, or groups of people, other users of Accufootball, or to any of the employees or collaborators of the Company.
  • Use the website, either directly on the platform or through links, to make available or make accessible any material or information subject to the protection of copyrights, trademarks, patents, business secrets, right of privacy and / or right of publicity.
  • Access the contents or use the services of the website for unlawful purposes, damaging the rights and freedom of third parties, or any purpose that may harm, damage, obstruct or impede in any way Accufootball’s contents or services and damage Accufootball or third parties.
  • Use the Accufootball platform, totally or partially, to sell, promote, contract and / or divulge commercial advertising (or any private or third party’s information), without the proper authorization of the Company.
  • Reproduce, totally or partially, the portal in another different web page.
  • Request personal information from other users of the portal, as well as obtain, collect, publish or process the personal data, by any means, from other Accufootball users.



ACCUFOOTBALL RIGHTS

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. 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 contacto@accufootball.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:

  • In the event that it detects the non-compliance of the T & C;
  • When so requested by a court or any competent authority;
  • If the billing information is not correct or unverifiable;I
  • f the order is marked by the security systems of the Company as an unusual order or an order susceptible of fraud;
  • Any other reason that the Company deems appropriate.


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:

  • If the Company considers that the user has used the website fraudulently or for illegal or inappropriate purposes;
  • If the Company believes that the user has used the website in an unfair way, using any form of deception or if it is being used for the benefit of a third party or for commercial purposes;



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.


INTELLECTUAL PROPERTY

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.

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 contacto@accufootball.com.


MISCELLANEOUS

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.