Terms and Conditions
Xanthea TERMS AND CONDITIONS
VERSION: 7.0
PUBLISHED: 23 January 2025
These Terms and Conditions form a binding legal agreement between You and Us and apply to your use of any of our Games or our Platform or Website in any way, through any electronic device (web, mobile, tablet or any other device).
PLEASE NOTE THAT THESE TERMS AND CONDITIONS INCLUDE A PROVISION WAIVING THE RIGHT TO PURSUE ANY CLASS, GROUP OR REPRESENTATIVE CLAIM AND REQUIRING YOU TO PURSUE PAST, PENDING, AND FUTURE DISPUTES BETWEEN YOU AND US THROUGH INDIVIDUAL ARBITRATION UNLESS YOU OPT OUT WITHIN THE SPECIFIED TIME FRAME. DETAILS CAN BE FOUND IN CLAUSE 18.
You must read these Terms and Conditions carefully in their entirety before checking the box for acceptance. By checking the box for acceptance during the registration process, or by accessing the Games or the Platform, You confirm that you have read and agree to be bound by these Terms and Conditions, which include and are inseparably linked to our Privacy Policy, Responsible Social Gaming Policy and other game-specific or promotion-specific terms relevant to your Participation. If you do not agree with any provision of these Terms and Conditions or any other linked policy, rules or terms you may not install or use the Platform or play any Game.
THE WEBSITE, PLATFORM AND/OR GAMES DO NOT OFFER REAL MONEY GAMBLING OF ANY TYPE.
Subject to these Terms and Conditions, players in all permitted jurisdictions may play the Games and make purchases.
DEFINITIONS
Collective Action: means any claim as part of a class, group, collective, coordinated, consolidated, mass, or representative proceeding, whether by arbitration or in court.
Content: means text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and other material used, displayed or available as part of the Games and Platform.
Customer Account: means an account held by a Registered Customer.
Fraudulent Conduct: means any of the conduct described in clause 7.
Game(s): means any one or more WOW Coins Game(s) available on the Platform. We reserve the right to add and remove Games from the Platform at our sole discretion.
Inactive Account: means a Customer Account which has not recorded any log in or log out for a period exceeding 60 days.
Participate: means playing any Games or using our Platform in any manner whatsoever, including any of the conduct described in clause 2.
Payment Administration Agent: means any related body corporate, affiliate, or third party we appoint to act as our agent, including but not limited to WOW Services Limited
Platform: means any URL or mobile application belonging to, or licensed to, MW Services Group, and branded as part of the “WOW” family of games, including the website located at https://www.xanthea.ca, and all subdomains, subpages and successor sites thereof, as well as all Games, features, tools and services available thereon.
Player or You, you, your or Your: means any person who Participates, whether or not a Registered Customer.
Registered Customer: means a Player who has successfully registered a Customer Account, whether that account is considered active or not.
Service: means the availability and provision of the Games and the Website that enable you to Participate.
Terms and Conditions or T&C’s: means these terms and conditions, as amended from time to time.
Third Party Websites: means a third party website not controlled by us.
WOW Coins: means the virtual social gaming currency which enables you to play the Xanthea Games. WOW Coins have no monetary value and cannot under any circumstance be redeemed for prizes.
GC, or Gold Coins: refers exclusively to WOW Coins as defined under these Terms and Conditions. Any mention or reference to “GC” in relation to any Game, Platform activity, or communication on our Platform shall be understood to mean WOW Coins, the virtual social gaming currency provided and utilized exclusively within the WOW Coins Games on the Platform.
WOW Coins Games: means any game played with WOW Coins currency. We may give you WOW Coins free of charge when you sign up to the Platform and thereafter at regular intervals when you log into the Platform. You may win more WOW Coins when you play the WOW Coins Games and you may purchase more WOW Coins on the Platform. WOW Coins Games are social Games only and you cannot redeem any prize or winnings as a result of your play on WOW Coins Games.
MW services: means MW Services Limited (company registration number 120828) a limited liability company incorporated in Gibraltar, and subject to Gibraltar law, having its registered address at 5-9 Main Street, Gibraltar GX11 1AA
MW services Limited, We, we, Us, Our or our: means MW services Limited, WOW Services Limited and WOWCom Services Inc.
WOW Services: means WOW Services Limited (company registration number 018039V) a limited liability company incorporated in the Isle of Man, and subject to Isle of Man law, having its registered address at Sovereign House 4 Christian Road, Douglas, Isle Of Man, Im1-2sd .
WOWCom Services: means WOWCom Services Inc (company registration number 5834875) a corporation incorporated in Delaware, having its registered office address at 1013 Centre Road, Suite 403-B, Wilmington, Delaware, DE 19805, USA
Website: means the website located at https://xanthea.ca, any other related sites operated by Us and all subdomains, subpages and successor sites thereof.
YOUR PARTICIPATION
Restrictions
You hereby declare and warrant that:
You are over 18 years of age or such higher minimum legal age of majority as stipulated in the jurisdiction of your residence and are, under the laws applicable to you, legally allowed to participate in the Games offered on the Platform;
You participate in the Games strictly in your personal capacity for recreational and entertainment purposes only;
You participate in the Games on your own behalf and not on the behalf of any other person;
All information that You provide to Us during the term of validity of these Terms and Conditions is true, complete and correct, and You will immediately notify Us of any change to such information;
Money that You use to purchase WOW Coins is not tainted with any illegality and, in particular, does not originate from any illegal activity or source;
You will not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to your or third parties’ participation in any of the Games and you will not use any software-assisted methods or techniques (including but not limited to bots designed to play automatically) or hardware devices for your participation in any of the Games. We reserve the right to invalidate any participation in the event of such behavior; and
In relation to the purchase of WOW Coins, you must only use a valid payment method (or credit card, where applicable) which lawfully belongs to you.
It is a Player’s responsibility to ensure that their Participation is lawful in their jurisdiction. Any person who is knowingly in breach of clause 2, including any attempt to circumvent this restriction, for example, by using a VPN, proxy or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your location or place of residence, or by Participating through a third party or on behalf of a third party located in a jurisdiction where it is unlawful to Participate, is in breach of these Terms and Conditions. You may be committing fraud and may be subject to criminal prosecution.
Eligible Players
Employees of MW Services Limited, any of their respective affiliates, subsidiaries, parent or
holding companies,
advertising agencies, or any other company or individual involved with the design, production,
execution or
distribution of the Games and their immediate family (spouse, parents, siblings and children,
whether the
relationship is by birth, marriage or adoption) and household members (people who share the same
residence at least
6 months of the year) are not eligible to Participate.
Acceptance
By accepting these Terms and Conditions You agree that your Participation is at your sole
option, discretion, and
risk. You will have no claims whatsoever against MW Services Limited, it’s subsidiaries, or any
of its partners, or
respective directors, officers or employees in relation to any losses You incur.
LICENSE
Subject to your agreement and continuing compliance with these Terms and Conditions, MW Services
Limited grants You
a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to
access and use the
Platform, including WOW Coins, through a supported Web browser or mobile device, solely for your
personal, private
entertainment and no other reason.
These Terms and Conditions do not grant You any right, title or interest in the Platform or Content.
You acknowledge and agree that your license to use the Platform is limited by these Terms and Conditions and if you do not agree to, or act in contravention of, these Terms and Conditions, your license to use the Platform (including the Games and Content) may be immediately terminated.
Where the Platform or any Game is deemed to be illegal under the laws of the jurisdiction in which you reside or are situated, you will not be granted any license to, and must refrain from accessing, the Platform or relevant Game.
YOUR CUSTOMER ACCOUNT
Single Account
You are allowed to have only one Customer Account, including any Inactive Accounts, on the
Platform. If you attempt
to open more than one Customer Account, all accounts you have opened or try to open may be
cancelled or suspended
and the consequences described in clause 15.3 may be enforced
You must notify us immediately if you notice that you have more than one registered Customer
Account, whether active
or not, on the Platform.
We are required by law to store your full name, date of birth and residential address.
Accuracy
You are required to always keep your registration details up to date. If you change your address,
email, phone number
or any other contact details or personal information, contact Customer Support via email at
support@xanthea.ca in
order to update your details. The name that you provide to us at registration must be identical
to that listed on
your government issued identification. Please note that any changes to your personal details may
result in you
having to resubmit any government issued identification in order to verify your identity.
Any attempt by you to purposely mislead or not to provide accurate information relating to your
residential address
will result in the closure of your customer account.
Security and Responsibility of Your Customer Account
As part of the registration process, you will have to choose a password to login into the
Platform.
You consent to AgeChecker collecting your data upon sign up in accordance with its privacy
policy.
It is your sole and exclusive responsibility to ensure that your Customer Account login details
and any payment
methods are kept secure and are only accessible by you. You accept full responsibility for any
unauthorized use of
your Customer Account and any activity linked to your Customer Account, including by a minor
(which in all events is
prohibited).
You must not share your Customer Account or password with another person, let anyone else access
or use your
Customer Account or do any other thing that may jeopardize the security of your Customer
Account.
If you become aware of, or reasonably suspect that security in your Customer Account has been
compromised, including
loss, theft or unauthorized disclosure of your password and Customer Account details, you must
notify us
immediately.
You are solely responsible for maintaining the confidentiality of your password and you will be
held responsible for
all uses of your Customer Account, including any purchases made under the Customer Account,
whether those purchases
were authorized by you or not.
You are solely responsible for anything that happens through your Customer Account, whether or
not you undertook
those actions. You acknowledge that your Customer Account may be terminated if someone else uses
it and engages in
any activity that breaches these Terms and Conditions or is otherwise illegal.
We are not responsible for any abuse or misuse of your Customer Account by third parties due to
your disclosure of
your login details to any third party, whether such disclosure is intentional or accidental,
active or passive.
Account Transfers
You are not allowed to transfer WOW Coins between Customer Accounts, or from your Customer
Account to other players,
or to receive WOW Coins from other Customer Accounts into your Customer Account, or to transfer,
sell and/or acquire
Customer Accounts. WOW Coins may only be used to play games on the Platform; they have no “real
world” value and you
are prohibited from seeking to sell, trade, or use them outside of the Platform. We are the sole
owners of all WOW
Coins.
Inactive Customer Accounts
We reserve the right to deactivate your Customer Account if it is deemed to be an Inactive
Account.
If no transactions have been recorded on your Customer Account for 60 consecutive days, we
reserve the right to zero
any WOW Coins balance with no offer of any purchase refunds.
Closing of Customer Accounts
If you wish to close your Customer Account, you may do so at any time by selecting the “Contact
Us” link on the
Platform and submitting a request to close your Customer Account. Closing your Customer Account
will forfeit all
continued access to and right to use, enjoy or benefit from any WOW Coins.
If the reason behind the closure of your Customer Account is related to concerns about possible
responsible gaming
issues you must indicate this in your request to close your Customer Account. Our time-out and
exclusion procedures
are summarized at clause 6.4 of these Terms and Conditions and are set out in detail in our
Responsible Social
Gaming Policy.
You will be able to open your Customer Account again by sending a request to the Customer
Support team. All requests
for the re-opening of an account will be evaluated by our Customer Support and Compliance teams,
which shall abide
by strict customer protection guidelines.
Discretion to Refuse or Close Accounts
We reserve the right to refuse a Customer Account to anyone, or to close an already open Customer
Account in our sole
discretion.
GAMES
Rules
Games offered on the Platform may have their own rules which are available on the Platform. It is
your responsibility
to read the rules of a Game before playing. You must familiarize yourself with the applicable
terms of play and read
the relevant rules before playing any Game.
All foreign exchange transaction fees, charges or related costs that may be incurred as a result
of, or in relation
to, your purchase of WOW Coins are to be borne solely by you, including but not limited to any
losses or additional
costs arising from foreign exchange fluctuations.
Virtual Currency Purchases (WOW Coins)
If you use a credit/debit card, online wallet and/or a financial/bank account to purchase WOW
Coins, the
account/cardholder’s name MUST be the same as the name you used when registering your Customer
Account. Should the
name you registered on your Customer Account and the name that appears on your credit/debit
card, online wallet
and/or financial/bank account differ in any way, your Customer Account will be immediately
suspended upon detection.
Should your Customer Account be suspended, we recommend that you contact Customer Support via
email for details
regarding our verification process.
We reserve the right to request documents and information to verify the ownership of the
credit/debit card, online
wallet and/or a financial/bank account from which you make WOW Coins purchases.
You agree that we and/or our Payment Administration Agents and payments facilitators may store
your payment
information (e.g., card number or token) to process your future purchases. By accepting these
Terms and Conditions,
you authorize MW Services Limited and/or our Payment Administration Agents and payments
facilitators to store your
payment credentials in compliance with applicable payment processing regulations.
We may charge a fee for the processing of a purchase, in its sole discretion. Any applicable fee
shall be displayed
to the customer during the checkout process.
MW Services Limited begins processing a payment for the purchase of WOW Coins when you click on
the “Pay”
button.
WOW Coins Balance
You may participate in any Game only if you have sufficient WOW Coins in your Customer Account
for such
Participation. We will not extend you any credit whatsoever for the purchase of WOW Coins or
otherwise.
From time to time, we may assign minimum or maximum WOW Coins purchases as specified and offered
on the
Platform.
Once a WOW Coins purchase has been made, the funds will be drawn from your financial/bank
account, online wallet or
credit/debit card as soon as practicable.
The purchase of WOW Coins is the purchase of a temporary license granted to You by Us that
allows you to Participate
in Xanthea Games and is not a deposit of funds which can be withdrawn. Funds used to purchase
WOW Coins will not,
and cannot, be refunded to you. WOW Coins do not have any real money value.
WOW Coins that have been submitted for play and accepted cannot be changed, withdrawn, or
cancelled and the WOW
Coins will be drawn from your WOW balance instantly.
If you are found to have one or more of your purchases returned and/or reversed or charged back,
your account will
be suspended. If this occurs, the amount of such purchases will constitute a debt owed by you to
us and you must
immediately remit payment for such purchases through an alternative payment method.
Void Games
We reserve the right to declare Participation in a Game void, partially or in full, if, in our
sole discretion, we
deem it obvious that there was an error, mistake, misprint or technical error, fraud, or other
action invalidating
play.
Final Decision
In the event of a discrepancy between the result showing on a user’s device and the MW Services
Limited server
software, the result showing on the MW Services Limited server software will be the official and
governing
result.
Promotions
All promotions, including contests, special offers and bonuses are subject to these Terms and
Conditions and to
additional terms that may be published at the time of the promotion.
In the event and to the extent of any conflict between these Terms and Conditions and any
promotion-specific terms
and conditions, the promotion-specific terms and conditions will prevail.
MW Services Limited reserves the right to withdraw or modify such promotions without prior
notice to you.
If, in the reasonable opinion of MW Services Limited, we form the view that a Registered
Customer is abusing any
promotion, to derive any advantage or gain for themselves or other Registered Customers,
including by way of
Fraudulent Conduct, we may, at our sole discretion, withhold, deny or cancel any advantage,
bonus or prize as we see
fit.
If, in the reasonable opinion of MW Services Limited, we form the view that a Registered
Customer is abusing any
promotion, to derive any advantage or gain for themselves or other Registered Customers,
including by way of
Fraudulent Conduct, sharing promotional details on forums or similar platforms, or providing
advice or instructions
to others on how to exploit such promotions, we may, at our sole discretion, withhold, deny or
cancel any advantage,
bonus or confiscate any coin balance as we see fit,
Without limiting clause 8.4, unless restricted by applicable law, you confirm that you grant MW
Services Limited an
irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use in whatever way we
see fit, and
without further acknowledgement of you as the author, any Content you post or publish as part of
a promotion,
contest or competition.
MW Services Limited reserves the right, at its sole discretion, to manually adjust or update a
Registered Customer’s
VIP status and any associated promotions, bonuses, or rewards. Such adjustments may be made
without prior notice and
will be based on criteria determined by MW Services Limited, including but not limited to
customer activity,
engagement, and compliance with these Terms and Conditions.
FINANCIAL TERMS OF USE
Verification Checks
You agree that we are entitled to conduct any identification, credit and other verification
checks that we may
reasonably require and/or that are required of us under applicable laws.
You acknowledge that we are committed to provide a safe play environment for our users and the
company and we
reserve the right to obtain enhanced due diligence for all high-risk players which include
Politically Exposed
Persons and any registered Customer, we reserve the right to carry out such additional
verification procedures at
any time. Enhanced due diligence procedures may, for example, include requests for and our
examination of certified
copies of your identification documentation (including photo identification) such as a passport
and proof of your
address such as a utility bill.
You may be asked to provide information about your source of funds, financial standing,
occupation, and other
similar details. The company reserves the right to restrict your account, including limiting the
amount you can
purchase, if you fail to provide the required information. The company is not obligated to
inform you of such
investigations taking place, and third-party companies may be used to perform the
investigation.
Where any identification, credit or other verification check we require cannot be completed to
our satisfaction
because you have not provided the documents within 7 days of the date the document was first
requested, we reserve
the right to deactivate your customer account. You will not be able to purchase WOW Coins until
this verification
check has been successfully completed. Furthermore, if the documents fail the company’s internal
security checks or
are suspected to have been tampered with, the company is not obligated to accept them as valid
and provide feedback
on the findings.
You consent to Sumsub collecting your data upon document verification in accordance to its
privacy policy.
Credit Checks
MW Services Limited reserves the right to run external verification checks on all account
holders with third party
verification agencies based on the information provided on registration.
Expiry and Forfeiture
WOW Coins are valid for 60 days from the date you received them to your Customer Account and
will thereafter
automatically expire.
WOW Coins may be forfeited if a Customer Account is deactivated for any reason, or at our discretion.
Updating Payment Details
Updating or adding additional payment details may only be done by you when logged into your
Customer Account. We
cannot update or add additional payment details on your behalf.
Mistaken Credits
If we mistakenly credit your Customer Account from time to time with WOW Coins or prizes that do
not belong to you,
whether due to a technical error, human error or otherwise, the amount credited will remain the
property of MW
Services Limited and will be deducted from your Customer Account at the earliest opportunity.
RESPONSIBLE SOCIAL GAMING
Policy
MW Services Limited actively supports responsible gaming and encourages its Players to make use
of a variety of
responsible gaming features to better manage their Customer Account.
We refer you to Our Responsible Social Gaming Policy for full details.
MW Services Limited is committed to providing excellent customer service. As part of that
pledge, MW Services
Limited is committed to supporting responsible gaming. Although MW Services Limited will use all
reasonable
endeavors to enforce its responsible gaming policies, MW Services Limited does not accept any
responsibility or
liability if you nevertheless continue gaming and/or seek to use the Services with the intention
of deliberately
avoiding the relevant measures in place and/or MW Services Limited is unable to enforce its
measures/policies for
reasons outside of MW Services Limited’s reasonable control.
Take a Break (Time-Out) and Self-Exclusion
You may, at any time, request a time-out or self-exclusion from our Games. You may also set a
limit on your purchases
of WOW Coins. To view the various options available, refer to our Responsible Social Gaming
Policy.
Player Protection Policy
We want to ensure that you enjoy your experience playing our Games in a safe and responsible
manner. On the
Responsible Social Gaming page of our Platform’s principal website, we have a detailed Player
Protection Policy,
which includes a list of mechanisms which you can enlist in order to ensure a safer gaming
experience, including
spending limits and 3rd party software to help prevent you from playing, such as NetNanny,
Gamblock or
Cyberpatrol.
FRAUDULENT CONDUCT
You may not, directly or indirectly:
hack into any part of the Games or Platform through password mining, phishing, or any other
means;
attempt to modify, reverse engineer, or reverse-assemble any part of the Games or Platform;
knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware, or other similar
material;
circumvent the structure, presentation or navigational function of any Game so as to obtain
information that is not
publicly available on the Platform;
engage in any form of cheating or collusion;
use the Services and the systems of MW Services Limited to facilitate any type of illegal money
transfer (including
money laundering proceeds of crime); or
participate in or take advantage of, or encourage others to participate in or take advantage of
schemes,
organizations, agreements, or groups designed to share:
special offers or packages emailed to a specific set of players and redeemable by URL; or
identification documents (including, but not limited to, photographs, bills and lease documents)
for the purpose of
misleading MW Services Limited as to a Player’s identity.
Use a Virtual Private Network (VPN) or proxy or any other software or device designed to change
or hide the real
location from which you are connecting to our website and services.
You must not use the Platform for any unlawful or fraudulent activity or prohibited transaction
(including
Fraudulent Conduct) under the laws of any jurisdiction that applies to you. We monitor all
transactions in order to
prevent money laundering.
If MW Services Limited suspects that you may be engaging in, or have engaged in fraudulent,
unlawful or improper
activity, including money laundering activities or any conduct which violates these Terms and
Conditions, your
access to the Services will be deactivated immediately and your Customer Account may be
suspended. If your Customer
Account is deactivated or suspended under such circumstances, MW Services Limited is under no
obligation to reverse
any WOW Coins purchases you have made. In addition, MW Services Limited may pass any necessary
information on to the
relevant authorities, other online service providers, banks, credit card companies, electronic
payment providers or
other financial institutions. You will cooperate fully with any MW Services Limited
investigation into such
activity.
If you suspect any unlawful or fraudulent activity or prohibited transaction by another Player, please notify us immediately via the means of communication listed in the Customer Complaints procedure (described in clause 14).
INTELLECTUAL PROPERTY
The computer software, the computer graphics, the Platform and the user interface that we make
available to you is
owned by, or licensed to, MW Services Limited or its associates and protected by copyright laws.
You may only use
the software for your own personal, recreational uses in accordance with all rules, terms and
conditions we have
established and in accordance with all applicable laws, rules and regulations.
You acknowledge that MW Services Limited is the proprietor or authorized licensee of all
intellectual property in
relation to any Content.
Your use of the Games and Platform does not provide you with any intellectual property rights in
the Content, Games
or Platform.
You grant Us, and represent and warrant that you have the right to grant us, an irrevocable,
perpetual, worldwide,
non-exclusive, royalty-free license to use in whatever way we see fit, any information, images,
videos, comments,
messages, music or profiles you publish or upload to any website or social media page controlled
and operated by MW
Services Limited.
You must not reproduce or modify the Content in any way, including by removing any copyright or
trademark
notice.
All trademarks and logos displayed in the Games and Platform are the property of their
respective owners and are
protected by applicable trademark and copyright laws.
THIRD PARTY WEBSITES AND LINKS
Third Party Websites
You acknowledge and agree that MW Services Limited:
is not responsible for Third Party Websites; and
makes no guarantee as to the content, functionality, or accuracy of any Third Party Website.
You further acknowledge that some Third Party Websites may be fraudulent in nature, offering WOW
Coins which the
operators of those websites are not authorized to provide, in an effort to induce you to reveal
personal information
(including passwords, account information and credit card details). You agree that MW Services
Limited is not
responsible for any actions you take at the request or direction of these, or any other Third
Party Websites.
Third Party Websites are subject to the terms and conditions outlined by that third party.
Links
Any links to Third Party Websites do not:
indicate a relationship between MW Services Limited and the third party; or
indicate any endorsement or sponsorship by MW Services Limited of the Third Party Website, or
the goods or services
it provides, unless specifically indicated by MW Services Limited.
Where a website controlled and operated by MW Services Limited contains links to various social
networking sites,
such as Facebook®, Instagram® and Twitter®, you acknowledge and agree that:
any comments or content that you post on such social networking sites are subject to the terms
and conditions of that
particular social networking site;
you will not post any comments that are false, misleading or deceptive or defamatory to us, our
employees, agents,
officers or other players; and
We are not responsible or liable for any comments or content that you or others post on social
networking sites.
DISRUPTIONS AND CHANGE
No warranties
The Platform is provided on an “as is” basis and to the fullest extent permitted by law, we make
no warranty or
representation, whether express or implied, in relation to the satisfactory quality, fitness for
purpose,
completeness or accuracy of the Platform (including the Games and Content).
Malfunctions
MW Services Limited is not liable for any downtime, server disruptions, lagging, or any
technical or political
disturbance to Game play, nor attempts by you to Participate by methods, means or ways not
intended by us.
MW Services Limited accepts no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with any Platform or its content including, without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person’s misuse of a Platform or its content or any errors or omissions in content.
In the event of a Platform system malfunction all Game play on that Platform is void.
In the event a Game is started but fails to conclude because of a failure of the system, MW Services Limited will use commercially reasonable methods to reinstate the amount of WOW Coins played in the Game to you by crediting it to your Customer Account. MW Services Limited reserves the right to alter Player balances and account details to correct such mistakes.
MW Services Limited reserves the right to remove any part of the Games from the Platform at any time. Any part of the Games that indicate incorrect behavior affecting game data, WOW Coins balances or other balances, that may be due to misconfiguration or a bug, will be cancelled and removed from the Platform. Player balances and account details may be altered by MW Services Limited in such cases in order to correct any mistake.
Change
MW Services Limited reserves the right to suspend, modify, remove or add Content to the Platform at its sole discretion with immediate effect and without notice to you. We will not be liable to you for any loss suffered as a result of any changes made or for any modification or suspension of or discontinuance of the Platform (including any game thereon) and you will have no claims against MW Services Limited in such regard.
Service Suspension
We may temporarily suspend the whole or any part of the Platform for any reason at our sole discretion. We may, but will not be obliged to, give you notice of such suspension. We will restore the Platform, as soon as is practicable in our sole discretion, after such temporary suspension.
Changes to Jurisdiction Regulation
The Company monitors legal changes taking place across the world. In the event of any proposed legal change in any region, we reserve the right to immediately suspend all access to the Website for any user playing from where the proposed changes are occurring. In the event of such a change, all WOW Coins shall be void with no financial compensation offered.
VIRUSES
Although we take all reasonable measures to ensure that the Platform is free from computer
viruses we cannot and do
not guarantee that the Platform is free of such problems. It is your responsibility to protect
your systems and have
in place the ability to reinstall any data or programs lost due to a virus.
PRIVACY POLICY
MW Services Limited is committed to protecting and respecting your privacy and complying with
all applicable data
protection and privacy laws.
Our Privacy Policy is inseparably linked to these Terms and Conditions and its acceptance is a
prerequisite to
account registration.
If you have given consent when registering to receive marketing communications from MW Services
Limited in respect
of its offerings by way of email, post, SMS and telephone notifications, you may unsubscribe
from at any time by
contacting Customer Support via email at support@xanthea.ca, alternatively you may use the
contact preferences
facility available online.
Please note: In the event of closing your account including and not limited to Self-Exclusion,
Permanent Closure, it
can take up to 24 business hours to be removed from marketing and promotional emails and
materials.
USE OF LIVE CHAT SERVICES
We may provide you with a Live Chat service to talk to our Customer Support representatives or
to talk to other
Players. This may include use of our Facebook® page and Facebook messenger. It is your
responsibility to use these
services only for their intended purposes. You are not permitted to use our Live Chat services
for illegal
purposes.
Be careful what you post on any Live Chat service. We review and moderate chats and keep a log
and record of
statements. Your use of the Live Chat service should be for recreational and social purposes
only.
Spamming on Live Chat is prohibited. You are prohibited from intimidating ,harassing, or abusing
other Players or MW
Services Limited employees and representatives.
You will not use any Live Chat service to engage in any form of harassment or offensive
behavior, including but not
limited to, threatening, derogatory, abusive or defamatory statements, or racist, sexually
explicit, pornographic,
obscene, hate speech, or offensive language.
You will not use any Live Chat service to infringe the privacy rights, property rights, or any
other rights of any
person.
You will not submit any kind of material or information on any Live Chat service that is
fraudulent or otherwise
unlawful or violates any law.
You will not use any Live Chat service to distribute, promote or otherwise publish any material
containing any
solicitation for funds, advertising or solicitation for goods or services of other forums.
You will not use any Live Chat service to distribute, promote or otherwise publish any kind of
malicious code or do
anything else that might cause harm to the Platform or to other Player’s systems in any way.
We reserve the right to monitor anything and everything submitted by you to any Live Chat
service to ensure that it
conforms to content guidelines that are monitored by us and subject to change from time to
time.
If you breach any of the provisions relating to a Live Chat service, we may ban you from using
that Live Chat
service or all Live Chat services and/or suspend or deactivate your Customer Account.
We reserve the right to remove the Live Chat service from any Platform if abused.
We will not be liable if damage arises out of the Live Chat service.
You agree to indemnify us against any damage arising out of your illegal, unlawful or
inappropriate conduct or
arising out of violation of the provisions in this clause 13 or any other rules on the Platform
applying to the Live
Chat service.
You will not collude in any way through the Live Chat service. Players are encouraged to report
any suspicious
behavior to Customer Support via email.
COMPLAINTS AND CUSTOMER SUPPORT
If you would like to contact our Customer Support department or have a complaint regarding our
Platform (including
any game), you may contact us via email at support@xanthea.ca.
TO PROTECT YOUR PRIVACY, ALL EMAIL COMMUNICATIONS BETWEEN YOU AND MW SERVICES LIMITED SHOULD BE
CARRIED OUT USING
THE EMAIL ADDRESS THAT YOU HAVE REGISTERED AGAINST YOUR CUSTOMER ACCOUNT HELD WITH MW SERVICES
LIMITED. FAILURE TO
DO SO MAY RESULT IN OUR RESPONSE BEING DELAYED.
The following information must be included in any written communication with MW Services Limited
(including a
complaint):
your username;
your first and last name, as registered on your Customer Account;
a detailed explanation of the complaint/claim; and
any specific dates and times associated with the complaint/claim (if applicable).
Failure to submit a written communication with the information outlined above may result in a
delay in our ability
to identify and respond to your complaint/claim in a timely manner. The Customer Support
department will investigate
official complaints immediately. The Customer Support department will endeavor to respond to
official complaints
within 5 calendar days of lodgment.
In some circumstances, the Customer Support department will require up to 10 days to respond to
a complaint. In this
case, the player will be informed of the delay within 3 days of lodging the complaint.
DEACTIVATION / SUSPENSION OF ACCOUNT
MW Services Limited hereby reserves the right to deactivate or suspend your Customer Account for
any reason
whatsoever at any time without notifying you.
Without limiting clause 16.1, we hereby reserve the right, at our sole discretion, to deactivate
or suspend your
Customer Account (notwithstanding any other provision contained in these Terms and Conditions)
where we have reason
to believe that you have engaged or are likely to engage in any of the following activities:
You breached, or assisted another party to breach, any provision of these Terms and Conditions,
or we have a
reasonable ground to suspect such breach;
You have more than one Customer Account, including any Inactive Account, on any Platform;
The name registered on your Customer Account does not match the name on the financial/bank
account and/or the
credit/debit card(s) used to make purchases on the said Customer Account;
Your communication with us consists of harassment or offensive behavior, including (but not
limited to) threatening,
derogatory, abusive or defamatory statements, or racist, sexually explicit, pornographic,
obscene or offensive
language;
Your Customer Account is deemed to be an Inactive Account;
You become bankrupt;
You provide incorrect or misleading information while registering a Customer Account;
Your identity cannot be verified;
You attempt to use your Customer Account through a VPN, proxy or similar service that masks or
manipulates the
identification of your real location, or by otherwise providing false or misleading information
regarding your
citizenship, location or place of residence, or by playing Games using the Platform through a
third party or on
behalf of a third party;
You are not over 18 years of age;
You are located in a jurisdiction where Participation is illegal;
You have allowed or permitted (whether intentionally or unintentionally)someone else to
Participate using your
Customer Account;
You have played in tandem with other Player(s) as part of a club, group, etc., or played the
Games in a coordinated
manner with other Player(s) involving the same (or materially the same) selections;
Without limiting clause 4.12, where MW Services Limited has received a “charge back”, claim or
dispute and/or a
“return” notification via a payment mechanism used on your financial/bank account or online
wallet;
You have failed our due diligence procedures, or are found to be colluding, cheating, money
laundering or
undertaking any kind of fraudulent activity; or
It is determined by MW Services Limited that you have employed or made use of a system
(including machines,
computers, software or other automated systems such as bots) designed specifically to gain an
unfair advantage.
Where MW Services Limited determines that it is under a legal obligation or to protect MW
Services Limited, you,
other players, or other third parties.
If MW Services Limited deactivates or suspends your Customer Account for any of the reasons
referred to in clause
15.2 above, you will be liable for any and all claims, losses, liabilities, damages, costs and
expenses incurred or
suffered by MW Services Limited (together “Claims”) arising therefrom and you will indemnify and
hold MW Services
harmless on demand for such Claims.
If we have reasonable grounds to believe that you have participated in any of the activities set
out in clause 15.2
above then we reserve the right to withhold all or part of the balance and/or recover from your
Customer Account any
WOW Coins that are attributable to any of the activities contemplated in clause 15.2. In such
circumstances, your
details may be passed on to any applicable regulatory authority, regulatory body or any other
relevant external
third parties.
If your Customer Account is deactivated as a result of closure of the Platform or similar event,
any temporary
licenses granted to You shall immediately be terminated and no refunds for purchases of WOW
Coins purchases shall be
due.
The rights set out in clause 15 are without prejudice to any other rights that we may have
against you under these
Terms and Conditions or otherwise.
INDEMNITY AND LIMITATION OF LIABILITY
Indemnity
You hereby agree to indemnify and hold harmless us, our directors, officers, employees,
shareholders, agents and
affiliates, our ultimate parent and parent companies and any of our subsidiaries against any and
all costs,
expenses, liabilities and damages (whether direct, indirect, special, consequential, exemplary
or punitive or other,
including attorney’s fees arising from any participation by you, including without
limitation:
Accessing or using the platform;
Re-use of any content at, or obtained from, the platforms or any other source whatsoever;
Facilitating or making a payment into your customer account;
Playing the games through any delivery mechanism offered; and
Acceptance and use of any prize.
Limitation of Liability
To the maximum extent permitted by applicable law, under no circumstances whatever will we or our
affiliates,
subsidiaries, partners, officers, directors, employees, shareholders, agents, licensors,
subcontractors and
suppliers, be responsible or liable to you or to any other entity, even if advised of the
possibility of such
damages, under any legal theory, whether contract, tort or otherwise, for any indirect,
incidental, consequential,
special, exemplary, or punitive damages, including any lost profits and lost business
opportunities, business
interruption, lost revenue, income, goodwill, use of data or other intangible losses, in each
case that result from
or relate in any manner to your participation or any other act or omission by us.
To the fullest extent permitted by applicable law, under no circumstances will we, our
affiliates, subsidiaries,
partners, officers, directors, employees, shareholders, agents, licensors, subcontractors or
suppliers, be liable to
you for more than the amount you have paid us in the thirty (30) days immediately preceding the
date on which you
first assert any such claim. You acknowledge and agree that if you have not paid us any amounts
in the thirty (30)
days immediately preceding the date on which you first assert any such claim, your sole and
exclusive remedy for any
dispute with us is to stop using the platform and to close your Customer Account.
You recognize and agree that the warranty disclaimers in clauses 10 and 11, and the indemnities
and limitations of
liability in this clause 16, are material and bargained-for bases of these terms and that they
have been taken into
account and reflected in the decision by you to enter into these terms and conditions. Depending
on where you reside
and use the Platform, some of the limitations contained in this clause 16 may not be
permissible. In such a case,
they will not apply to you, solely to the extent so prohibited.
Negligence and Willful Misconduct
Nothing in these Terms and Conditions will operate so as to exclude any liability of MW Services
Limited for death or
personal physical injury that is directly and proximately caused by MW Services Limited’s gross
negligence or
willful misconduct.
Survival of Obligations
Clause 18 survives the termination of these Terms and Conditions for any reason.
MW SERVICES LIMITED IS NOT A FINANCIAL INSTITUTION
Interest
You will not receive any interest on WOW Coins and you will not treat MW Services Limited as a
financial
institution.
No legal or tax advice
MW Services Limited does not provide advice regarding tax and/or legal matters. Players who wish
to obtain advice
regarding tax and legal matters are advised to contact appropriate advisors. Players are
responsible for any and all
tax liability from the use of the Website.
DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE
Please read this clause 18 carefully as it requires you to arbitrate certain disputes and claims
on an individual
basis and limits the manner in which you can seek relief from MW Services Limited. This clause
18 will be construed
under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set
out in these Terms
and Conditions.
By agreeing to these Terms and Conditions, you agree that any and all past, present and future
disputes, claims or
causes of action between you and MW Services Limited which arise out of, or are related to,
these Terms and
Conditions, the formation of these Terms and Conditions, the validity or scope of these Terms
and Conditions,
including this clause 18, your Participation or other access to or use of the Platform, or any
other dispute between
You and MW Services Limited, and whether arising prior to or after your agreement to this clause
18 (Dispute
Resolution and Agreement to Arbitrate) (collectively, “Disputes”), will be governed by the
procedure set out
below.
Complaint Resolution
We want to address any concerns you may have without needing a formal legal case.
Before filing a claim against MW Services Limited, you agree to try to resolve any complaint in
accordance with
clause 14. If your complaint is not resolved after exhausting the internal complaints process
outlined in clause 14,
you may initiate Dispute resolution as set out in this clause 18.
MW Services Limited agrees that it will take all reasonable efforts to contact you and resolve
any claim it may
possess informally prior to taking any formal action.
Arbitration
We Both Agree to Arbitrate. By agreeing to these Terms and Conditions, both You and MW Services
Limited agree to
resolve any Disputes through final and binding arbitration.
Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting
support@xanthea.ca
with the subject line ARBITRATION OPT OUT within 30 days of first accepting these Terms and
Conditions. Your email
must include your first and last name and a statement that you decline this arbitration clause.
By opting out of
this clause, you will not be precluded from using the Platform, but neither You nor MW Services
Limited will be able
to invoke the mutual agreement to individually arbitrate to resolve Disputes. Whether to agree
to arbitration is an
important decision. It is your decision to make and you are not required to rely solely on the
information provided
in these Terms and Conditions. You should take reasonable steps to conduct further research and,
if you wish, to
consult with counsel of your choice.
Arbitration Procedures and Fees
You and MW Services Limited agree that:
The American Arbitration Association (AAA) will administer the arbitration under its Commercial
Arbitration Rules
and the Supplementary Procedures for Consumer Related Disputes, or successor rules, which are in
effect at the time
arbitration is sought (the AAA Rules). Those rules are available at www.adr.org;
arbitration will proceed on an individual basis;
arbitration will be handled by a sole arbitrator in accordance with the AAA Rules;
the AAA rules will govern payment of all arbitration fees; and
except as otherwise may be required by the AAA Rules, the arbitration will be held in New York
City, NY, USA or, at
your election, conducted via telephone or other remote electronic means.
Arbitration to Proceed Individually
You and MW Services Limited agree that the arbitration of a Dispute will proceed on an individual
basis and neither
You nor MW Services Limited may bring a claim as a Collective Action.
Without limiting the generality of clause 18.8, and as an example only, a claim to resolve a
Dispute against MW
Services Limited will be deemed a Collective Arbitration if:
two or more similar claims for arbitration are filed concurrently by or on behalf of one or more
person; and
counsel for the two or more persons is the same, or share fees, or coordinate in any way across
the
arbitrations.
For the purposes of clause 18.9, the term ‘concurrently’ means that both arbitrations are
pending (filed but not
resolved) at the same time.
Waiver of Class Action and Collective Arbitration
To the maximum extent permitted by applicable law, whether the dispute is heard in arbitration or
in court (i.e, in
the event you have opted out of arbitration), neither You nor MW Services Limited will be
entitled to consolidate,
join or coordinate disputes with or involving other individuals or entities, or participate in
any collective
arbitration (as defined above) or arbitrate or litigate any dispute in a representative
capacity, including as a
representative member of a class or in a private attorney general capacity. In connection with
any dispute (as
defined above), all such rights are expressly and unconditionally waived. Notwithstanding
anything to the contrary
in these Terms and Conditions, in the event all or any portion of clause 18.9 is found to be
invalid or less than
fully enforceable, then the entirety of this clause 18 may be deemed void and as having no
effect upon either your
or our election.
OTHER
Entire Agreement
These Terms and Conditions constitute the entire agreement between You and Us with respect to
your Participation and,
save in the case of fraud, supersede all prior or contemporaneous communications and proposals,
whether electronic,
oral or written, between You and Us with respect to your Participation.
Amendments
MW Services Limited hereby reserves the right to amend these Terms and Conditions, or to
implement or amend any
procedures, at any time. Any amendments will be published on the Platform and such changes will
be binding and
effective immediately.
Whenever we amend these Terms and Conditions in a way that would limit your current rights or
which may be to your
detriment, we will notify you upon your next visit to the Platform and you will be required to
re-confirm your
acceptance prior to playing any Games. If you do not agree to the amended Terms and Conditions,
you must stop using
the Platform.
Tax
You are solely responsible for any taxes applicable from your Participation.
Force Majeure
MW Services Limited will not be liable or responsible for any failure to perform, or delay in
performance of, any of
our obligations under these Terms and Conditions that are caused by events outside of our
reasonable control.
No agency
Nothing in these Terms and Conditions will be construed as creating any agency, partnership,
trust arrangement,
fiduciary relationship or any other form of joint enterprise between You and Us.
Severability
If any of the Terms and Conditions 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 these
Terms and Conditions.
All remaining terms, conditions and provisions will continue to be valid to the fullest extent
permitted by law. In
such cases, the part deemed invalid or unenforceable will be amended in a manner consistent with
the applicable law
to reflect, as closely as possible, MW Services Limited’s original intent.
Explanation of Terms and Conditions
We consider these Terms and Conditions to be open and fair. If you need any explanation regarding
these Terms and
Conditions or any other part of our Platform contact Customer Support via email at
support@xanthea.ca.
The Terms and Conditions prevail over any communication via email or chat.
All correspondence, telephone or video conferences, and live chats between You and Us may be
recorded and retained
and you consent to such recording and retention.
Assignment
These Terms and Conditions are personal to You, and are not assignable, transferable or
sub-licensable by You except
with Our prior written consent. We reserve the right to assign, transfer or delegate any of Our
rights and
obligations hereunder to any third party without notice to You.
Business Transfers
In the event of a change of control, merger, acquisition, or sale of assets of MW Services
Limited, your Customer
Account and associated data may be part of the assets transferred to the purchaser or acquiring
party. In such an
event, we will provide You with notice via email or via Our Platform explaining your options
with regard to the
transfer of your Customer Account.
Language
These Terms and Conditions may be published in several languages for information purposes and
ease of access by
players but will all reflect the same principles. It is only the English version that is the
legal basis of the
relationship between You and Us and in case of any discrepancy between a non-English version and
the English version
of these Terms and Conditions, the English version will prevail.
Applicable Law and Jurisdiction
These Terms and Conditions will be governed, and interpreted in accordance with, the Laws of
Gibraltar, without
regard for its choice or conflict of law principles.
You acknowledge that, unless stated otherwise, the Games are operated from Gibraltar and your
Participation takes
place within the aforementioned territory. Any contractual relationship between You and Us will
be deemed to have
been entered into and performed by the parties in Gibraltar.
The parties agree that any dispute, controversy or claim arising out of or in connection with
these Terms and
Conditions, or the breach, termination or invalidity thereof, that is not expressly subject to
arbitration, will be
submitted exclusively to the courts in Gibraltar, and You and We consent to the venue and
personal jurisdiction of
those courts. Notwithstanding the foregoing, any motion to compel arbitration or to enforce an
arbitral award issued
hereunder may be brought before any court of competent jurisdiction.
For any complaints please contact complaints@xanthea.ca