Terms and Conditions :: Games Portal

Terms and Condition

Organizing Entity: ByteCode Ltd

1. These terms and conditions govern the “Games” by joining, participating, playing any games on the Games website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you absolutely must not join Games.

1.1 Games is a Web based game service organized by ByteCode Ltd in collaboration with Mobile Network Operators and easy payments platforms. By registering on the website and agreeing to these terms and conditions, you consent to the terms and conditions of third party partners/ payment gateway providers, and license ByteCode Ltd to use, publish your name, photograph, voice etc. to promote the Games.

1.2 These terms and conditions, as may be amended from time to time, apply entirely to the participation and participants of the Games, which is made available to the public and any individual using mobile telephone device, a mobile network and access to the Internet (Web). By accessing and participating thereto, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below.

2. Types Of Play (Games)

By signing up to E45 games, you can have full access to any /all over 500 HTML5 games available on the website.

3. Subscription :

To enjoy access to our games Offering (HTML 5 games catalogue) you are required to subscribe for the service.
Types of Subscription:

Daily
Weekly
Monthly

4. How do you subscribe?

You can subscribe with your airtime via your mobile network Provider or you can pay directly via any of the payment platforms available on the website.
You can fund your wallet through any of the payment options listed below:

Bank Deposit: this direct bank deposit can be done at any Zenith Bank Branch, you will be required to input your unique wallet ID on the deposit slip as Depositors Name.
Card Payment: You can fund your wallet by using the card payment option on the site using your MasterCard, Verve or Visa Cards.
USSD Payment (Dial GTB *737 # or Zenith Bank *966#) and other payment options available on the site.
QuickTeller Instant Deposit

5. Registration / Participation

5.1 To participate in the Games, you need to register on the web @ www.Games.com using your name, email and a desired password, then an account will be created for you which automatically allocates a User Identification Number (User ID) to you. Any/All registration on the Web will be considered as the user's request to participate in the game according to these Terms & Conditions.

5.2 After Registration you will be required to subscribe for the service via airtime or direct payment from your financial institution using any available channels as displayed on the website. This subscription fee is non-refundable.

5.3 You will be directed to ‘Select Game’, here you may choose/select from the list of HTML5 games available for play and you can enjoy full access

6. Eligibility

The Games is open to residents of Nigeria who are At least 3 years old (children, adolescents, teenagers, adults) excluding all employees, representatives and agents of the ORGANIZER (ByteCode Ltd), their respective parents and/or affiliated companies, Contest suppliers, and those with whom any of the foregoing are domiciled. The organizers decision in respect of all matters to do with the game will be final and no correspondence will be entered into.

7. Commencement and Duration.

The E45 game shall be an ongoing service.

8. Acceptable use

6.1 You must not use this game in any way that causes, or may cause, and or discredit the image, reputation, standard or impairment of its authenticity; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity 6.2 You must not use the Web link (URL) of the Games for any commercial purposes, other than to access E45 games offering.

9. Right to Use Players Details

You grant to ByteCode Ltd a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to ByteCode Ltd the right to sub-license these rights, and the right to bring an action for infringement of these rights.

10. No warranties

a. The Games website is provided “as is” without any representations or warranties, express or implied. ByteCode Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website.

b. Without prejudice to the generality of the foregoing paragraph, ByteCode Ltd, its partners and affiliates do not warrant that: c. Games website shall at all times be uninterrupted by network, or service providers.

11. Limitations of liability

ByteCode Ltd, will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the game, or otherwise in connection with same:

a. For any indirect, special or consequential loss; or

b. For any damage to your mobile device in the process of participating in this game.

c. For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, loss or corruption of information or data.

d. These limitations of liability apply even if ByteCode Ltd has been expressly advised of the potential loss.

12. Exceptions

a. Nothing in this terms and condition shall exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this terms and conditions shall exclude or limit ByteCode Ltd liability in respect of any:

b. Fraud or fraudulent misrepresentation on the part of ByteCode Ltd; or

c. Matter which it would be illegal or unlawful for ByteCode Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.

13. Other parties

a. You accept that, as a limited liability entity, ByteCode Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against its officers, management or employees in respect of any losses you suffer in connection with the Games.

b. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in herein will protect its officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as ByteCode Ltd

14. Unenforceable provisions

If any provision of this terms and conditions is or is found to be unenforceable under applicable law that will not affect the enforceability of the other provisions of this website disclaimer.

15. Indemnity

You hereby indemnify ByteCode Ltd and undertake to keep ByteCode Ltd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by it to a third party in settlement of a claim or dispute on the advice of its legal advisers) incurred or suffered by ByteCode Ltd arising out of any breach by you of any provision of these terms and conditions, [or arising out of any claim that you have breached any provision of these terms and conditions] stated herein or in respect to the game .

16. Breaches of these terms and conditions

Without prejudice to ByteCode Ltd other rights under these terms and conditions, if you breach these terms and conditions in any way, it may take such action as it deems appropriate to deal with the breach, including suspending your access to the games, prohibiting you from accessing the games, blocking or disabling your account; and also report you to the relevant security agency or authority and/or bringing court proceedings against you.

17. Variation

ByteCode Ltd may revise and/or review these terms and conditions from time-to-time. Revised/reviewed terms and conditions will apply to the games from the date of the publication of the revised/reviewed terms and conditions on the Games website. Please check this page regularly to ensure you are familiar with the current version.

18. Assignment

a. ByteCode Ltd may transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

b. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

19. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

20. Dispute Resolution

a. In the event of any dispute arising thereof, or any other agreement or instrument made in furtherance to this terms and agreement, that you agree to notify ByteCode Ltd and thereafter to settle same by mediation.

b. In the event that the parties are unable to settle themselves, the dispute shall be referred to the for settlement and where all channels of resolution has failed an Arbitrator shall be appointed by the President of the Chartered Institute of Arbitrators, Nigeria (UK Branch).

c. The decision of the Arbitrator shall be final as to the contents of this agreement or the instrument and as to the proper mode of carrying the provision into effect.

21. Entire agreement

These terms and conditions [together with any other documents] constitute the entire agreement between you and ByteCode Ltd in relation to the Games, and supersede all previous agreements in respect of your participation.

22. Registrations and Authorizations

Games is registered with Trademark, Patent and Design Registry.

23. Cancellation

a. By participating in the Games, you accept and agree to the relevant cancellation and no-show policy of the provider.

b. By entering into the game you have waived all your rights to cancel your participation in the Games.

24. Further Correspondence

By participating in the Games, you agree to receive further invitations to participate in the game and or other games/competition promoted and organized by ByteCode Ltd or its affiliates, which would be sent to your mobile phone device/ email.

25. Organizers Responsibility

a. ByteCode Ltd cannot be held responsible for any delay or impossibility of using the website, or your inability to participate in the game because of a technical problem or internet connection. All participation will be considered received by ByteCode Ltd, when you are fully registered in the game computer/IT system and you have an active subscription. You hereby agree that you recognize and accept that the journal of the informatics system of the Games IT system is the proof of the date, hour, minute and second of play.

26. Disclaimer

a. Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to the Games, up to an aggregate amount of the aggregate cost of your participation in the game as stated in the terms and conditions herein (whether for one event or series of connected events).

b. However and to the extent permitted by law, neither ByteCode Ltd, nor any of its officers, directors, employees, representatives, subsidiaries, affiliated companies, partners, distributors, affiliates, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Games shall be liable for:

any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of anticipated revenue, loss of or damage to goodwill or reputation, loss of claim etc;
Any inaccuracy relating to the (descriptive) information (including exchange rates, financial policies etc);
any (direct. indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the participation in the game ;
iv. or any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products and services are (directly or indirectly) made available, offered or promoted on the game platform, including but not limited to bad network, deduction of participating fees, strike, force majeure or any other event beyond the control of ByteCode Ltd.

27. Governing Law

This Games is organized under and governed by the laws and statutes of Nigeria. These Terms & Conditions are valid during the game until amended or suspended by the Organizer.

28. Conversion to other Languages

The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our website @ www.Games.com

29. Severability

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.