Terms & Conditions
TERMS AND CONDITIONS OF USE
OF www.spireclub.com (“the Website”)
1. INTRODUCTION: WHAT MAKES UP YOUR TERMS AND CONDITIONS
1.1 By using and/or visiting any section of the Website; or by opening an account (as determined by reference to paragraph 2 of the General Terms and Conditions) through the Website, You agree to be bound by:
1.1.1 the General Terms and Conditions, on this page; and
1.1.2 the "Security & Privacy",
and You accordingly agree to the use of electronic communications in order to enter into contracts; and You waive any applicable rights or requirements which require a signature by hand, to the extent permitted by any applicable law.
1.2 In addition, You agree to be bound by:
1.2.1 The terms and conditions and/or rules with regard to promotions, bonuses and special offers, as are contained in the ‘Promotions’ section;
1.3 All of the various terms and conditions in paragraphs 1.1 and 1.2 above shall together be referred to as “the Terms of Use”.
1.4 Please read the Terms of Use carefully before accepting them. Once You have accepted the Terms of Use, please print the Terms of Use and store them, along with all confirmation emails, additional terms and transaction data. Please note that the Terms of Use are subject to change, as set out in paragraph 3 below.
1.5 If You do not agree to accept and be bound by the Terms of Use please do not join as a member, and/or continue to use Your Account. Your continued use of the Website will constitute acceptance of the Terms of Use which we have notified You are in force from time to time.
1.6 The Terms of Use govern Your contract with the relevant company in the Operator’s group as determined by reference to paragraph 2 below and will come into effect on 1st August 2009.
GENERAL TERMS AND CONDITIONS
2. PARTIES
2.1 The Terms of Use shall be agreed between You and the Spire Club company:
2.2 For the avoidance of doubt, each and all sections of the Website are governed by the Terms of Use, and You should ensure at all times that Your use of the Website is in accordance with the Terms of Use.
3. CHANGES TO THE TERMS OF USE
3.1 We may need to change the Terms of Use from time to time for a number of reasons, including (without limitation) for commercial reasons; and/or to comply with law or regulations; and/or to comply with instructions, guidance or recommendations from a regulatory body; or for customer service reasons. The most up-to-date Terms of Use can be accessed from the ‘Terms and Conditions’ link in the footer section of the Website, and the date on which they will come into force is noted in paragraph 1.6 of the Terms of Use.
3.2 Where we wish to make substantial changes to the Terms of Use, we will (where reasonably practicable) give You as much prior notice of such changes as is reasonably practicable via one of the methods set out in paragraph 3.3. For minor or insubstantial changes, we may not give You any notice of any changes, so You are advised to review terms and conditions which are available through the ‘Terms and Conditions’ link on the Website.
3.3 Where we make changes to the Terms of Use which we wish to notify You of, we will do so by:
3.3.1 by email (to the email address You have previously supplied us with, if any); and/or
3.3.2 by a notice on the Website; and/or
3.4 If any change is unacceptable to You, You may either cease using the Website, and/or close Your Account by complying with paragraph 12 of these General Terms and Conditions. Your continued use of any part of the Website after the date on which the Terms of Use are stated to come into effect will be deemed to be Your binding acceptance of the revised Terms of Use, including (for the avoidance of doubt) any additions, removals, substitutions or other changes to the identities of the Parties in paragraph 2.1 of these General Terms and Conditions, whether or not You have had notice of, or have read, the revised Terms of Use.
3.5 We may also change the Terms of Use by notice on the Website, accompanied by an invitation for You to accept the new Terms of Use by clicking “yes”, “I accept”, checking a ‘tick box’ or similar method of confirmation by You. If You provide us with any such confirmation, from that time You are deemed to have accepted, and be bound by, the new Terms of Use.
4. OPENING YOUR ACCOUNT
4.1 In order to join as a member via the Website, You will need to open an account with the Operator (“Your Account”).
4.2 In order to open Your Account for use with the Website, You should follow the instructions on the “Join” link on the Website.
4.3 When You open Your Account You will be asked to provide us with personal information, including Your name and date of birth; and appropriate contact details, including an address, telephone number and e-mail address (“Your Contact Details”). You may update Your Contact Details from time to time by either modifying them in your member account ("My Details") or by contacting Customer Services.
5. VERIFICATION OF YOUR IDENTITY; MONEY LAUNDERING REQUIREMENTS
5.1 You warrant that:
5.1.1 You are not younger than the greater of the age :
5.1.1.1 of18 (eighteen) years;
5.1.2 the name and address You supply when opening Your Account are correct; and
5.1.3 You are the rightful owner of the money which You pay when joining as a member. By agreeing to the Terms of Use You authorise us to undertake any such verification checks from time to time as we may require ourselves or may be required by third parties (including, but not limited to, regulatory bodies) to confirm these facts (the "Checks"). You agree that from time to time, upon our request.
5.2 Whilst we are undertaking any Checks from time to time, we may restrict You from cashing out funds from Your Account and/or prevent access to all or certain parts of the Website. Please note that we may from time to time re-perform the Checks for regulatory, security or other business reasons. If such any such restrictions cause You a problem, please contact Customer Services.
5.3 In certain circumstances we may have to contact You and ask You to provide further information to us directly in order to complete the Checks. If You do not or cannot provide us with such information then we may suspend Your Account until such time as You have provided us with such information, and/or permanently close Your Account.
5.4 It may be an offence for persons under the Relevant Age to make use of the Website. If we are unable to confirm that You are the Relevant or over within seventy two (72) hours of Your Account being opened then we are required to suspend Your Account. If You are subsequently proven to have been under the Relevant Age at the time You joined as a member with Us, then:
5.4.1 Your Account will be closed;
5.4.2 The membership fee will be returned;
5.4.4 any additional money earned forfeited by You and You will return to us on demand any such funds which have been cashed out from You Account.
6. USERNAME, PASSWORD and CUSTOMER INFORMATION
6.1 After opening Your Account, You must take all reasonable steps to avoid disclosing (whether deliberately or accidentally) Your username, password and/or account number to anyone else. All transactions made where Your username and password and/or account number have been entered correctly will be regarded as valid, whether or not authorised by You, and we shall not be liable for any claims in the event that You give disclose Your username and password to anyone else.
6.2 If You have lost or forgotten Your Account details please contact us immediately for a replacement through Customer Services, details of which can be found in the ‘Contact Us’ section of the Website.
7. MEMBERSHIP FEE AND CASH OUT FROM YOUR ACCOUNT
7.1 If You wish to join as a member of the Website, You must pay the membership fee during the sign up process. Further details of how to join and cash out can be found in the FAQ section of the Website.
7.2 You further agree not to make any charge-backs, reversals or otherwise cancel any deposits into Your Account, and in any such event to refund and compensate us for such unpaid membership fee including any expenses incurred by us in the process of collecting Your membership fee.
7.3 Your Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any insurance system. Any funds in Your Account shall not attract any interest. We do not provide particular protection for the funds in Your Account in the event of our insolvency.
7.4 Subject to paragraph 8 (Closure of Your Account; etc), You may request cash out of funds from Your Account at any time provided that:
7.4.1 The payment of your membership fee has been confirmed as cleared and none have been charged-back, reversed or otherwise cancelled;
7.4.2 You have complied withy any other relevant cash out conditions in respect of, and can be found on, the relevant Website.
8. CLOSURE OF YOUR ACCOUNT; TERMINATION OF THE TERMS OF USE
CLOSURE AND TERMINATION BY YOU
8.1 You are entitled to close Your Account and terminate the Terms of Use on not less than 4 working days’ notice to us at any time, provided that Your Account does not show a balance is due to us, by contacting us by any of the contact details in paragraph 6.2, in each case clearly:
8.1.1 indicating Your wish to Terminate your membership; and
8.1.2 stating the reasons why You wish to Terminate your membership.
We will respond to Your request, confirming termination of membership and the date on which such termination will be effective, within a reasonable time, provided that You continue to assume responsibility for all activity on Your Account until such closure has been affected by us.
8.2 The Terms of Use shall terminate with effect from the date on which the termination of membership takes effect.
8.3 Where You have terminated your membership, we may in certain circumstances be able to re-open Your Account with the same account details as before if You request us to do so. In such circumstances, while Your membership will have the same account details as before, it will be subject to the Terms of Use which are in force at the date of any such re-opening; and any prior entitlements will no longer be valid.
CLOSURE AND TERMINATION BY US
8.4 We are entitled to close Your Account and terminate the Terms of Use on written notice (or attempted notice) to You, using Your Contact Details. In the event of any such termination by us, other than where such closure and termination is made pursuant to paragraph 14 (Breach of the Terms of Use) of these General Terms and Conditions, as soon as reasonably possible following a request by You we will refund your membership fee using the same method of payment which You provided upon registration of Your Account.
9. ACCESS TO, AND USE OF, THE WEBSITE
9.1 You are solely responsible for the supply and maintenance of all of the computer equipment and telecommunications networks and internet access services that You need to use in order to access the Website. We will not be liable in any way whatsoever for any losses caused to You by the internet or any telecommunication service provider which You have engaged in order to access the Website.
9.2 Under no circumstances should You use the Website for any purpose which is or is likely to be considered to be defamatory, abusive, obscene, unlawful, of a racist, sexist or other discriminatory nature, or which could cause offence. You must not use any abusive or aggressive language or images; swear, threaten, harass or abuse any other person, including other users, via the Website; or behave in such a manner towards any of the Operator’s staff used to provide Customer Services, or any helpdesk or support function which we make available to You.
9.3 You shall not corrupt the Website, flood the Website with information so as to cause the Website to not function, nor use any features which may affect the function of the Website in any way for example (but not limited to) releasing or propogating viruses, worms, logic bombs or similar. Any multiple submissions or "spam" are strictly prohibited. You must not interfere or tamper with, remove or otherwise alter in any way, any information in any form which is included on the Website.
9.4 You shall use the Website for personal entertainment only and shall not be allowed to provide access or reproduce the Website or any part of it in any form whatsoever without our express consent, including creating links to it.
9.5 You will fully indemnify, defend and hold us and our officers, directors, employees, agents, contractors and suppliers (including without limitation the Software Provider) harmless from and against any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees), however caused, that may arise as a result of or in connection with:
9.5.1 access and use of the Website by Yourself or by anyone else using Your Username and Password; and/or
9.5.2 breach by You of any of the terms and provisions of these Terms of Use.
10. ALTERATION OF THE WEBSITE
We may, in our absolute discretion, alter or amend any product offered via the Website at any time for the purpose of ensuring the ongoing provision of the Website and may alter prices offered via the products offered via the Website where such alterations do not affect existing members. From time to time, we may restrict You from accessing some parts of the Website for the purpose of maintenance of the Website and/or alteration or amendment of any of the products offered via it.
11. IT FAILURE
11.1 We do not accept any liability whatsoever for IT failures which are caused by the equipment which You or other members are using to access the Website or faults which relate to Your or their internet service provider.
12. ERRORS OR OMISSIONS
12.1 If an error is made by us (including our employees and agents), our partners, or our suppliers as to the amount of money earned that is paid to You in Your favour, such monies shall be deemed to be held by You on trust for us and should be immediately repaid to us when a demand for payment is made by us to You. Where such circumstances exist, If You have monies in Your Account we may reclaim these monies from Your Account without further recourse to You.
12.2 Neither we (including our employees or agents) nor our partners or suppliers shall be liable for any loss that results from any error by us or You. You will forfeit any earnings that result from any such error.
13. EXCLUSION OF OUR LIABILITY
13.1 Your access to and use of the products offered via the Website is at Your sole option, discretion and risk. We shall not be liable for any attempts by You to use the Website by methods, means or ways not intended by us.
13.2 We will provide the Website with reasonable skill and care and substantially as described in the Terms of Use. We do not make any other promises or warranties regarding the Website, or the products offered via the Website, and hereby exclude (to the extent permitted by law) all implied warranties in respect of the same.
13.3 We (including our parent and subsidiary companies, affiliates, officers, directors, agents and employees) shall not be liable to You in contract, tort (including negligence) or otherwise for any business losses, including but not limited to loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not currently foreseeable by us arising out of the Terms of Use or Your use of the Website.
13.5 Nothing in the Terms of Use will operate so as to exclude any liability which we may have in respect of fraud, or death or personal injury caused by our negligence.
14. BREACH OF THE TERMS OF USE
14.1 You shall compensate us in full for any claims, liabilities, costs, expenses (including legal fees) and any other charges that may arise as a result of Your breach of the Terms of Use or any breach by You or by any other person using Your Account (whether or not with Your authority) of any laws of any jurisdiction which is applicable to You, the Website.
14.2 Where You are in material breach of the Terms of Use, we reserve the right, but shall not be required, to:
14.2.1 Provide You with notice (using Your Contact Details) that You are in breach; requiring You to stop the relevant act or failure to act, and/or requiring You to put right an act or fault on Your part; and warning You of our intended action if You do not do so; and/or
14.2.2 suspend Your Account so that You are unable to use the account to such period as we may determine; and/or
14.2.3 close Your Account and terminate these Terms of Use, with or without prior notice from us.
14.3 We have the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time, if in our reasonable opinion You have failed to comply with any of the provisions of the Terms of Use.
14.4 In addition to any other remedy available, if You materially breach any of the Terms of Use Your earnings will be forfeited. In these circumstances the Operator may retain any positive balance then existing on Your Account.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 All website design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material contained within the Website are subject to copyright and other proprietary rights which are either owned by us or used under licence from third party rights owners. To the extent that any material contained on the Website may be downloaded or printed then such material may be downloaded to a single personal computer only and hard copy portions may be printed solely for Your own personal and non-commercial use.
15.2 Under no circumstances shall the use of the Website grant to any user any interest in any intellectual property rights (for example copyright, know-how or trade marks) owned by us or by any third party whatsoever.
15.3 No rights whatsoever are granted to use or reproduce any trade marks or logos which appear on the Website except as specifically permitted in accordance with the Terms of Use.
15.4 You must not, nor must You allow any other person to copy, store, publish, rent, licence, sell, distribute, alter, add to, delete, remove or tamper with the Website or any part of them in any way or directly or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter the Website, other than in the course of viewing or using the Website in accordance with the Terms of Use .
15.5 All intellectual property rights in the name of the Website, the logos, designs, trade marks and other distinctive brand features of the Operator and any content provided by the Operator for inclusion on the Website vest in the Operator. You agree not to display or use such logos, designs, trade marks and other distinctive brand features in any manner without our prior written consent.
16. VIRUSES, HACKING AND OTHER OFFENCES
16.1 You must not misuse the Website by knowingly or negligently introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the servers on which the Website are stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Website will cease immediately.
16.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Website or to Your downloading of any material posted on such Website, or on any website linked to the Website.
17. YOUR PERSONAL INFORMATION
17.1 All information on Your Account held by us is securely data warehoused and remains confidential except where otherwise stated in the Terms of Use (including, for the avoidance of doubt, the Privacy Policy).
17.2 When You use the Website it will be necessary for us to collect certain information about You, including Your name and date of birth, Your Contact Details, and may also include information about Your marketing preferences (all of which shall be known as “Your Personal Information”).
17.3 By providing us with Your Personal Information, You consent to our processing Your Personal Information, including any of the same which is particularly sensitive:
17.3.1 for the purposes set out in the Terms of Use (including the Privacy Policy); and
17.3.2 for other purposes where we need to process Your Personal Information for the purposes of operating the Website, including by sharing it with our service providers and agents for these purposes, for example to our providers of postal services, marketing services and customer services agents. We may also disclose Your Personal Information personal data in order to comply with a legal or regulatory obligation.
17.4 We will retain copies of any communications that You send to us (including copies of any emails) in order to maintain accurate records of the information that we have received from You.
18. USE OF ‘COOKIES’ ON THE WEBSITE
18.1 The Website use ‘cookies’ to track Your use of the web and to assist the functionality of the Website. A cookie is a small file of text which is downloaded onto Your computer when You access the Website and it allows us to recognise when You come back to the Website. We use cookies for the operation of the Website, including (for example) to allow You to remain logged in as You browse between different parts of the Website. We also use cookies for our own analytical purposes so that we can identify where customers have encountered technical problems on the Website, and therefore help us improve our customers’ experience.
18.2 If You object to cookies or want to delete any cookies that are already stored on Your computer, we recommend that You follow the instructions for deleting existing cookies and disabling future cookies on Your file management software. Further information on deleting or controlling cookies is available within our "Security & Privacy" or at www.aboutcookies.org. Please note that by deleting our cookies or disabling future cookies You may not be able to access certain areas or features of the Website.
19. COMPLAINTS AND NOTICES
19.1 If You wish to make a complaint regarding the Website, You should, as a first step, as soon as reasonably practicable contact us raise Your Complaint with Customer Services.
19.2 In the event of any dispute, both You and the Operator agree that the records of the server shall act as the final authority in determining the outcome of any claim.
19.3 When we wish to contact You, we may do so using any of Your Contact Details. Notices will be deemed to have been properly served and received by You immediately after an e-mail is sent or after we have communicated with You directly by telephone (including where we leave You a voicemail), or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and; and in the case of an email, that such email was sent to the specified email address (if any) in Your Contact Details at the time that any such e-mail was sent.
20. INTERPRETATION
20.1 The original text of the Terms of Use are in English and any interpretation of them will be based on the original English text. If the Terms of Use or any documents or notices related to them are translated into any other language, the original English version will prevail.
20.2 In the event that there is any conflict or inconsistency between the terms and conditions which make up Your contract with the Operator as identified in paragraphs 1.1 and, the order of precedence shall be as follows:
20.2.1 First, the General Terms and Conditions;
20.2.2 Second, the Privacy Policy;
20.2.3 Third, any terms and conditions relevant to promotions, bonuses or special offers, as referred to in paragraph 1.2.2;
20.2.4 Fourth, any rules which apply to the game, as referred to in paragraph 1.2.1; and
20.2.5 Fifth, the end user terms and conditions of use referred to in paragraph 1.2.4.
21. TRANSFER OF RIGHTS AND OBLIGATIONS
We reserve the right to transfer, assign, sublicense or pledge the Terms of Use, in whole or in part, to any person (but without Your consent) without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to You. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under the Terms of Use.
22. EVENTS OUTSIDE OUR CONTROL
22.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a the Terms of Use that is caused by events outside our reasonable control (a “Force Majeure Event”).
22.2 Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
23. WAIVER
23.1 If we fail to insist upon strict performance of any of Your obligations or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
23.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
23.3 No waiver by us of any of the provisions of the Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with paragraph 19 (Complaints and Notices) above.
24. SEVERABILITY
24.1 If any of the Terms of Use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
24.2 In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the Operator's original intent.
25. ENTIRE AGREEMENT
25.1 The Terms of Use and any document expressly referred to in them represent the entire agreement between You and us and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.
25.2 We each acknowledge that neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us except as expressly stated in the Terms of Use.
25.3 Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in the Terms of Use.
26. 14 DAY MONEY BACK GUARANTEE
26.1 If you are from any reason unhappy with your membership you are entitled to close and terminate your account and in this case you will get your membership fee refund only if:
26.1.1 You have completed the verification process successfully.
26.1.2 Less than 13 days passed since the day you joined the club and made the membership fee payment.
26.1.3 Provide us with information we may require as for the reason of account termination.
26.2 In any event of a refund, 10% processing fee will be deducted from the original membership fee. This is due to 3rd party commissions.
26.3 Following the refund your membership account will be terminated and closed and you will not be entitled to any compansation or have any claims with regards to the closed account.
27. LAW AND JURISDICTION
27.1 These Terms of Use shall be governed by and interpreted in accordance with the laws of Gibraltar.
27.2 The courts of Gibraltar shall have non-exclusive jurisdiction over any disputes arising out of the Terms of Use.