THE FOLLOWING TERMS AND CONDITIONS (THE ?TTERMS AND CONDITIONS?T AND/OR ?TAGREEMENT?T) GOVERN YOUR USE OF ANY OF THE JACKPOT FACTORY MEMBER CASINOS, WEB SITES AND SOFTWARE, INCLUDING WITHOUT LIMITATION THOSE OF ALLSLOTS CASINO, ALL JACKPOTS CASINO, FIRST WEB CASINO, WILD JACK CASINO, WILD JACK POKER AND 999CASINO (INDIVDIUALLY, A ?TCASINO?T; COLLECTIVELY, THE TCASINOST). BY USING ANY OF THE CASINOS, YOU AGREE TO THE FOLLOWING PROVISIONS. IT IS IMPORTANT THAT YOU FAMILIARIZE YOURSELF WITH THE PROVISIONS HEREIN BEFORE USING ANY OF THE CASINOS. YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU WILL NOT OPEN, USE OR REUSE AN ACCOUNT AT ANY CASINO, NOR PARTICIPATE AT A CASINO IN ANY MANNER, NOR ACCEPT ANY PRIZE OR WINNINGS FROM A CASINOS IF YOU DO NOT UNDERSTAND, AGREE TO BECOME A PARTY TO, AND ABIDE BY ALL OF THE TERMS AND CONDITONS SPECIFIED BELOW. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS AND CONDITIONS BELOW, DO NOT CHECK THE ?TI AGREE?T BOX BELOW, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE ANY OF THE CASINOS IN ANY MANNER. FOR PURPOSES OF THESE TERMS AND CONDITIONS, ?TWE/US/OUR/COMPANY?T REFERS T0 SQUAREIT, LTD., AND ITS PARENT, AFFILATES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES AND REPRESENTATIVES (COLLECTIVELY, ?TSQUAREIT?T), AND ?TYOU?T REFERS TO THE INTENDED PLAYER ON OF THE CASINOS WHO INDICATES HIS/HER ACCEPTANCE/REJECTION OF THESE TERMS AND CONDITIONS BELOW. COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS INTELLECTUAL PROPERTY LAWS AND TREATIES PROTECT THE CASINOS.
1.1 We expressly reserve the right to modify, amend, supplement or modify these Terms and Conditions at any time without notice. The amended Terms and Conditions will be posted and made available on each of the individual Casinos, as well as at http://www.jackpotfactory.com/terms. You are responsible for regularly reviewing these Terms and Conditions for changes and amendments. The revised Terms and Condition shall be effective immediately upon posting.
1.2 If you do not agree to be bound by (or cannot comply with) these Terms and Conditions, as amended, your only remedy is to discontinue your use of the Casinos.
You will be deemed to have accepted the Terms and Conditions, as amended, if you continue to use any one or more of the Casinos after such amendment is effective.
2.1 USE OF THE CASINOS IS AT YOUR SOLE OPTION, DISCRETION AND RISK. You acknowledge that playing in the Casinos exposes you to certain basic risks, including the possibility of losing money.
2.2 GAMBLING ON THE CASINOS MAY NOT BE LEGAL IN SOME JURISDICTIONS UNDER CERTAIN CONDITIONS, AND IN SOME JURISDICTIONS MAY NOT BE LEGAL UNDER ANY CONDITIONS. PLEASE VERIFY THE LAWS IN YOUR JURISDICTION BEFORE REGISTERING AND/OR USING A CASINO IN ANY MANNER. You are solely responsible for ascertaining whether it is legal in your jurisdiction to play any of the games in the Casinos. By placing real money wagers, you are expressly representing and warranting to us that it legally permissible to do so within your jurisdiction. We do not warrant the legality of your participation in the Casinos in terms of the laws of your jurisdiction. We do not intend to enable you to contravene applicable law, and we are not responsible for any illegal or unauthorized use of the Casinos by you. PLEASE CONSULT LEGAL COUNSEL IN THE APPLICABLE JURISDICTION IF YOU HAVE ANY DOUBTS ABOUT THE LEGALITY OF YOUR USE OF ANY ONE OF THE CASINOS UNDER THE LAWS OF THE JURISDICTION THAT APPLY TO YOU.
2.3 Participation in a Casino and/or the downloading of any software connected thereto on a computer or any other device is strictly limited to persons 18 years of age and older, or the age of majority in your jurisdiction, whichever is greater. We reserve the right at any time to request that you furnish us with proof of your identity and age as a condition precedent to allow you further participation in a Casino. We may cancel a user?Ts account and exclude a user from using a Casino if proof of age is not provided, or if we suspect that a user playing and/or utilizing a Casino in any manner is underage.
2.4 Any and all play by an ineligible person, as determined in accordance with the provisions under this Agreement by us, in our sole discretion, shall be voided, including any winnings accruing to any ineligible person.
2.5 No officer, director, employee, consultant or agent of the Company or any of its affiliate companies, suppliers or vendors is permitted to use any of the Casinos directly or indirectly, for personal use and enjoyment. This restriction also applies to relatives of such persons and for purposes of this Agreement a ?Trelative?T includes, without limitation, any spouse, partner, parent, child or sibling.
2.6 IMPORTANT NOTE: Due to US gaming regulations, players residing in the following states: Illinois, Indiana, Louisiana, Michigan, Nevada, New Jersey, New York, Oregon, South Dakota, Washington, and Wisconsin, are not allowed to play the casino.
Should you reside in one of the above mentioned states and manage to register, deposit and play please note that ALL your winnings will be voided.
If you don?Tt live in one of the above states but have trouble registering, please feel free to contact our support center for assistance.
LEGALITIES & RULES OF PLAY
3.1 The Casinos operate in Kahnawake, Canada and are licensed under the terms of the Kahnawake Gaming Commission. Financial transactions which occur in the Casinos are processed by Inexia Limited.
3.2 In addition to these Terms and Conditions, the Company reserves the right to institute certain rules of play which shall also apply to you and be binding upon you with respect to your participation at a Casino. You hereby agree to be bound by such additional rules of play, as if they were specifically incorporated into these Terms and Conditions. 3.3 We reserve the right to limit or refuse any bet, stake or other wager made by you or through your account for any reason.
4.1 In consideration for the rights granted to you to use the Casinos, you expressly represent, warrant, covenant and agree that:
4.1.1 it is your sole responsibility, prior to using a Casino, to understand the applicable laws of your jurisdiction with respect to a player?Ts permitted use of online gaming facilities within your jurisdiction;
4.1.2 you have verified that it is entirely legal for you to make use of online gaming facilities in your jurisdiction, and specifically any one of the Casinos, and there are no legal or other restrictions that would prevent or prohibit your participation in the Casinos;
4.1.3 you are an ?Tadult?T, having attained the minimum age of 18 and/or the age of majority within your jurisdiction, and are of sound mind, capable of taking responsibilities for your actions;
4.1.4 you have furnished us with personal details that are valid, accurate, current and complete in each and every respect, and that you agree to promptly advise us of any changes to your personal details via email;
4.1.5 you are the true and lawful owner of the monies with which you deposit and wager at the Casinos and/or you are duly and properly authorized to utilize such monies in the Casinos;
4.1.6 you will not deposit or wager any monies at the Casinos that are derived in any manner from illegal activities, including those which are described in Section VIII below; 4.1.7 you will pay all monies owed to any of the Casinos at which you?Tve played. In furtherance thereof, you will not chargeback, counter-demand, reverse or deny any such payments;
4.1.8 you are fully aware that there is a risk of losing money when gambling by means of a casino and that you are fully responsible for any such loss. You agree that your use of the Casinos is at your sole option, discretion and risk;
4.1.10 you are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any winnings;
4.1.11 you are solely responsible for any telecommunications devices, networks, GPRS, Internet access services and other consents and permissions required in connection with your use of a Casino; and
4.1.12 you do not find the Casinos and/or our promotions and other materials to be in any way offensive, indecent, objectionable or obscene.
REGISTRATION, USER ID & PASSWORDS
5.1 Prior to downloading and installing the Casino software to your computer or other device, you are required to register an account. You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will then choose a user ID and password. Upon registration, you shall be designated a casino account number and asked to choose confidential PIN.
5.2 You are responsible for maintaining the confidentiality of your Casino account number and PIN. We take no responsibility for any third party access to your account, and you are responsible for any and all activities that occur under your account, whether or not actually or expressly authorized by you. You could be held liable for losses incurred by us or another party due to someone else using your Casino account number or password. Any distribution by you of your Casino account number and PIN may result in the termination of your account as well as your right to play at or use any one of Casinos, without refund of any monies deposited therein (in addition to any other charges incurred by us based upon the unauthorized use). We will not be liable for any loss or damage arising from your failure to comply with these provisions and all transactions where your Casino account and PIN have been entered correctly will be regarded as valid, whether or not authorized by you
5.3 You agree to immediately notify us of any unauthorized use of your Casino account number and PIN or any other breach of security.
5.5 At all times, you may only have one account, for which you will register using your own, correct name. You may not access a Casino by means of another person?Ts account. Should you attempt to open more than one account, under your own name or under any other name, or attempt to access a Casino by means of another person?Ts account, we reserve the right to immediately close all your accounts and bar you from future use of any of the Casinos.
EXCLUSION, SUSPENSION AND TERMINATION
6.1 We may refuse to register you as a player at any or all of the Casinos or elect to de-register, exclude or suspend you as a player from a Casino at any time, for any reason or for no reason whatsoever.
6.2 You acknowledge that we have no obligation whatsoever to provide you with prior notice of our decision to refuse, de-register, exclude or suspend you as a player, nor are we required to furnish you with any reasons for such decisions.
6.3 If we de-register, exclude or suspend you from a Casino, we shall have the unlimited right to:
6.3.1 withhold payment to you of any contested funds, whether such funds are deposits, refunds, bonuses, free monies, Casino credits, payouts or the like;
6.3.2 exclude you from any other Casino that is affiliated with the Jackpot Factory group of casinos;
6.3.3 establish the specific criteria with which you must comply in order to be allowed access to the Casino (and your account, if applicable); and
6.3.4 furnish information about you to law enforcement agencies (if the reason for such termination, de-registration, exclusion or suspension was fraud or some other form of illegal misconduct), collection agencies and/or intra-group casino databases. You hereby irrevocably authorize us to do so in our absolute discretion.
6.4 In the case of suspected or fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment), we reserve the right to block a user's account, reverse any pay-out made and recover any winnings. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments. However, under no circumstances shall we liable for any unauthorized use of credit cards, irrespective of whether or not the credit cards were reported stolen.
7.1 Your account will be deemed ?Tdormant?T if it has not been accesses for at least six (6) calendar months, as determined from the last time you performed an action in the account (e.g., made a purchase or placed a bet).
7.2 If your account should become dormant, we will notify you via email (the ?TNotification Email?T) of any ?Treal?T balance that might be remaining in the account (e.g., real funds do not include promotional or bonus funds).
7.3 You will have thirty (30) days from the date of the Notification Email to claim any remaining balance. If you fail to do so, your account will be closed and the remaining balance will be forfeited to the Casino.
7.4 If you discover, however, that your account has been closed and balance forfeited in accordance with the provisions of this Section VII, you may lay a claim to such monies upon written application to the Casino. The Casino, in its sole discretion, shall decide whether or not you are entitled to the funds (or any portion thereof) stated in your written application. The Casino?Ts decision shall be final and binding.
7.5 You acknowledge that monies held in your account will not bear interest.
MONEY LAUNDERING & OTHER PROHIBITED USES
8.1 It is the law in almost all jurisdictions which have strict money laundering rules and regulations that we are required to report you to the federal or local authorities within such jurisdictions if we know, suspect or have reason to suspect that any of your transactions, among other actions, (i) involve funds derived from illegal activities, (ii) are intended to conceal funds from illegal activities, or (iii) involve the use of a Casino to facilitate criminal activity.
8.2 In order to assist in the prevention of money laundering, no cash shall be accepted to fund any account at a Casino and no substantial or exceptional withdrawals, whether individually or cumulatively, shall be made unless notarized copies of at least two (2) of the following are received:
8.2.1 a most recent bank statement from the bank where your wagers/deposits originated;
8.2.2 a driver?Ts license; or
8.2.3 a current and valid passport.
8.3 We have developed and employ sophisticated proprietary technology intended to seek out and identify users making fraudulent or unlawful use of the Casinos. You shall not break into, access or attempt to break into or access or otherwise circumvent our security measures. If, in our sole discretion, you are in breach of this Section 8.3, we reserve the right to terminate your access to all of the Casinos immediately and/or have your account blocked, and we may inform interested third parties of your breach.
8.4 You are not allowed to use any software program which, in our opinion, is endowed with artificial intelligence (?TAI Software?T) in connection with your use of a Casino. We constantly review the use of each of the Casinos in order to detect the use of AI Software and in the event that we deem it has been used we reserve the right to take any action we see fit, including immediately blocking your access to all of the Casinos, terminating your account and seizing all monies held in such account.
9.1 In accordance with the provisions of these Terms and Conditions, we hereby grant to you a revocable, non-exclusive, non-transferable limited right and license to use the Casinos, as well as the underlying software thereto, all of which constitutes our sole and exclusive intellectual property or that of our licensors.
9.2 You acknowledge and agree that all patents, copyrights, trademarks and other intellectual property rights in and to all of the materials and features supplied as part of the Casinos shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors.
9.3 Under no circumstances may you copy the materials contained within any of the Casinos to any computer, network server or location for reproduction or distribution. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software underlying the Casinos under any conditions. In addition, you may not transmit, publish, display, distribute, commercially exploit, tamper with, modify or create derivative works based on the Casinos. The restrictions contained herein apply equally to any and all updates, patches or subsequent versions of a Casino that may be provided to you.
9.4 The terms ?TJackpot Factory?T and any other trademarks, service marks and/or trade names (collectively, the ?TMarks?T) utilized in connection with the Casinos are the trademarks, service marks and/or trade names of the Company or one of its group companies or its licensors and these entities reserve all rights to such Marks. In addition, other content on the Casinos, including, without limitation, the software, images, pictures, graphics, text, photographs, animations, videos, music and audio (collectively, the ?TSite Content?T) belongs to us or one of our group companies or one of our licensors and is protected by applicable copyright and/or other intellectual property rights. You hereby acknowledge that by using a Casino, you obtain no rights in the Marks or the Site Content thereon, and must not use them in any manner not permitted herein without our prior written approval.
9.5 You agree that you will not use any of the Casinos in any manner which: (i) violates or misappropriates or could result in a violation or misappropriation of our intellectual property rights, (ii) is abusive or harassing to us or any other user/player, (iii) compromises or could comprise the stability, integrity or availability of the Casinos or the network upon which they reside; (iv) circumvents or could circumvent any security measures or any payment methods employed on any of the Casinos; or (v) interferes with any other party?Ts use and enjoyment of the Casinos.
PROMOTIONS AND PUBLICITY
10.1 If, while playing at a Casino, you win a sum of money or any other prize regarded by us, in our sole discretion, as worthy of publicity, you grant to us the right to use your first name in any press releases and/or promotional materials, and agree to make yourself reasonably available for any event(s) arranged by the Casino, at the Casino?Ts cost and expense.
10.2 It is understood that we shall, from time to time, run certain promotions and competitions through a Casino. These promotions and competitions will likely have separate terms, conditions and rules that are specific to it. These Terms and Conditions shall also apply to any such promotion or competition. In the event of a conflict between these Terms and Conditions and the specific provisions of the promotion or competition, the promotion / competition specific provisions shall govern but only to the extent of the conflict and in no other manner.
10.3 In the event that we believe a user is abusing or attempting to abuse a bonus or other promotion, or is likely to benefit through abuse or lack of good faith from a gaming policy adopted by us, then we may, at our sole discretion, deny, withhold or withdraw from any user any bonus or promotion, or rescind any policy with respect to that user, either temporarily or permanently, or terminate that user's access to the Casino and/or block that user's account.
11.1 ALL SERVICES, FEATURES AND APPLICATIONS THAT ARE MADE AVAILABLE TO YOU, INCLUDING THE CASINOS THEMSELVES, ARE PROVIDED ?TAS IS.?T SQUAREIT, AND ITS PARENT, AFFILIATES, AGENTS, REPRESENTATIVES, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES MAKE NO WARRANTY TO YOU OR ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY, COMPLETENESS, OR FITNESS FOR A PARTICULAR USE OR PURPOSE AS TO ANY OF THE CASINOS, OR AS TO ANY OTHER MATTER, ALL SUCH WARRANTIES HEREBY BEING EXPRESSLY EXCLUDED AND DISCLAIMED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF ANY CASINO.
11.2 Neither SquareIT, nor its parent or any of its affiliates, agents, network service providers, partners, representatives or employees warrant that the Casinos will be free from any virus or other code that is contaminating or destructive by nature and you are responsible for implementing and maintaining sufficient procedures to satisfy your particular requirements for accuracy of data input and output as well as protection from such viruses or other code that may contaminate or destroy your mobile phone, system or data.
11.3 Neither SquareIT, nor its parent, affiliates, agents, network service providers, partners, representatives or employees warrant that the Casinos are error free or will operate without packet loss or interruption, nor does SquareIT warrant any connection to or any transmission over the Internet.
LIMITATION OF LIABILITY
12.1 IN NO EVENT SHALL SQUAREIT, ITS PARENT, AFFILIATES, AGENTS, REPRESENTATIVES, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY RESPECT FOR ANY COSTS OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF ANY CASINO, INCLUDING WITHOUT LIMITATION ANY ACTUAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, USE, DATA, GOODWILL OR BUSINESS OPPORTUNITIES OF ANY KIND OR NATURE WHATSOEVER, ARISING IN ANY MANNER FROM ANY CAUSE OF ACTION OR CLAIM RELATING TO THESE TERMS AND CONDITIONS OR TO THE USE OF ANY CASINO (EVEN IF SQUAREIT HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES EQUALLY TO ANY THIRD PARTIES WITH WHOM SQUAREIT ENTERS INTO A BINDING AGREEMENT TO MARKET, DISPLAY AND/OR DISTRIBUTE THE CASINOS (OR ANY DERIVATION THEREOF) AND SUCH THIRD PARTIES SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY OF THE DAMAGES SET FORTH ABOVE.
12.2 THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SQUAREIT?TS ENTIRE LIABLITY FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE (EXCEPT TO THE EXTENT PROHIBITED BY LAW), SHALL NOT EXCEED ONE HUNDRED (US$100.00) US DOLLARS.
12.3 UNDER NO CIRCUMSTANCES SHALL SQUAREIT, ITS PARENT, AFFILIATES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, REPRESENTATIVES OR EMPLOYEES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF THE CASINOS RESULTING DIRECLTY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATIONS EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, LABOR DISPUTES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, EXPLOSIONS, TERRORIST ATTACKS, WAR OR OTHER ACTS OF GOD.
13.1 You agree to indemnify, defend and hold us harmless from and against any and all costs, expenses, liabilities and damages (whether direct, indirect, special, consequential, exemplary or punitive) arising from your use and participation of any Casino. The nature of your participation may include, without limitation, inter alia:
13.1.1 visiting, using or reusing a Casino;
13.1.2 using or reusing any materials obtained from a Casino;
13.1.3 entering, using or reusing a Casino or proxy server;
13.1.4 facilitating or making a deposits into your account at a Casino;
13.1.5 wagering or gaming at a Casino (including participating in the non-gambling games available at the Casino or web site);
13.1.6 accepting and using any winnings or prize from a Casino; or
13.1.7 using or reusing the Casino software, whether downloaded from the website or by any other means or through any other medium.
TERM & TERMINATION
14.1 This Agreement shall come into force immediately upon your marking the ?TI Accept the Terms and Conditions?T box as part of the registration process and shall continue in force unless and until terminated in accordance with the terms and conditions herein.
14.2 We may terminate this Agreement and your account (including your username and password) immediately without notice:
14.2.1 if for any reason we decide to discontinue any or all of the Casinos;
14.2.2 if we believe that you have breached any of the terms of this Agreement;
14.2.3 if your use of any of the Casinos has been in any way improper or breaches the spirit of this Agreement; or
14.2.4 for any other reason we see fit. Except as otherwise provided in this Section 14.2 or otherwise in this Agreement, on termination of this Agreement any balance in your account will be returned to you within a reasonable time of your request, subject always to our right to deduct any amounts owed by you to us.
14.3 You may terminate this Agreement and your account (including your username and password) at any time by sending an email to the appropriate point of contact at each of the respective Casinos (i.e., email@example.com), such termination to take effect upon us terminating your account (including username and password), which shall occur within seven (7) calendar days after receipt of your email on our servers. During such interim period, you shall remain responsible for any activity on your account between sending us an email and the termination of your account by us.
14.4 On termination of this Agreement you shall be required to discontinue your use of the Casinos, pay all amounts due and owing to us, and remove the Casino software from your computer equipment and destroy all related documentation in your possession, custody, power or control.
14.5 The right to terminate this Agreement under this Section 14 by either party shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
14.6 Upon the termination of this Agreement for any reason, except as otherwise provided in this Agreement and subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under this Agreement.
15.1 These Terms and Conditions and the relationship between you and us shall be governed in accordance with the laws of the Isle of Man. Any dispute arising hereunder regarding these Terms and Conditions will be subject to the exclusive jurisdiction of the courts in the Isle of Man. You irrevocably agree to submit to such exclusive jurisdiction and you expressly waive all defenses to jurisdiction. The foregoing notwithstanding, we may commence a proceeding on the basis of temporary or permanent equitable relief in any jurisdiction of our choosing These Terms and Conditions will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
15.2 If any part of these Terms and Conditions is found void and unenforceable, it will not affect the validity or the balance of the remaining provisions, which shall remain valid and enforceable according to its terms. Our failure to insist upon or enforce strict performance of any provision herein shall not be construed as a waiver of any provision or right. Neither the conduct between the parties nor trade practices shall act to modify any provision of these Terms and Conditions. You acknowledge that SquareIT and you are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship between us. We reserve the right to assign our rights and duties under these Terms and Conditions to any party at any time without notice to you, but you may not assign your rights and obligations under any circumstances. Nothing in this Agreement shall be construed as to grant you any security interest whatsoever over the assets of the Company, including for the avoidance of doubt, on any amounts standing to the credit of your account These Terms and Conditions constitute the entire agreement between us relating to your use of the Web Site and/or Casino and supersedes any prior representations, discussions, undertakings, communications or advertising with respect thereto. You may not amend these Terms and Conditions in any manner without our express prior written approval. In the case of any language discrepancies between the meanings of any translated versions of this Agreement, the English language meaning shall prevail.