Terms and conditions

These General Terms and Conditions are binding. If you make use of the Zigiz and/or Gembly website, play any of the Zigiz and/or Gembly games or open a player's account, you shall be deemed to be familiar with these General Terms and Conditions and to have agreed to them unconditionally. At all times and without the prior approval of players, Zigiz and/or Gembly reserves the right to amend these General Terms and Conditions.

Last update: 22-04-2014

1. General

1.1 Introduction

Via its website, Zigiz and/or Gembly offers you the opportunity to play games ("Games").

1.2 Identity of the portal

Zigiz and Gembly (the "Portal") are trade names of Gembly B.V., Beechavenue 182, 1119 PX Schiphol-Rijk, Netherlands.

1.3 Applicability

These General Terms and Conditions (the "Terms and Conditions") apply to all the Portals services, including using the Portals website, playing Games and holding a player's account with the Portal (the "Account"), as well as to any other agreements entered into by you and the Portal.

1.4 One account per person

It is not permitted to have more than one account per person. The Portal has the right to delete duplicate accounts and not pay out profits to these accounts. When a player has multiple accounts on the Portal they can be excluded from the services the Portal offers.

1.5 Login details

You should never give your login details to anyone else and should treat these with the utmost confidentiality. For a number of reasons, amongst which security, the Portal may request you to change your login details. Transferring or disposing of either your Account or your customer relationship with the Portal is not permissible, unless you have received prior written permission from the Portal.

The Portal may assume that all the information originating from your Account has been provided by you.

1.6 Blocking

The Portal shall be entitled to block your access to the Portal or to your Account, either permanently or temporarily, or to block your IP address. If the Portal decides to take any such action, it shall not be obliged to give its reasons for doing so.

Moreover, the Portal may, at its own discretion, impose a limit on the number of times you may participate in a certain period.

1.7 Amending the Terms and Conditions

These Terms and Conditions may, from time to time, be amended. The Portal shall ensure that the most recent version of the Terms and Conditions is available on its website, after which continuing to play the Games shall indicate your acceptance of the new Terms and Conditions. If you do not wish to accept the new Terms and Conditions, you must give the Portal written notice of this, either on or prior to the date on which the new Terms and Conditions become applicable, and from that date onwards you should refrain from playing any Games.

1.8 Cancelling Games

At any moment and at its sole discretion, the Portal shall be entitled to suspend or cancel a Game should a computer virus, bug, hacker attack or anything else interfere with the administration and security of the Game.

1.9 Accuracy of the information

Although the Portal takes great care to manage its website well, the Portal cannot guarantee the correctness, accuracy or (up-to-date) completeness of the information, services or features offered on its website. Moreover, the information visible to you on the website could for technical reasons (cashing or otherwise) be out of date.

1.10 Mistakes

If you notice an inaccuracy, you should immediately inform the Portal of this and, when doing so, provide the Portal with screenshots so that the Portal is able to identify the problem as quickly as possible.

2. Rules of play

2.1 General rules

In respect of each Game, the Portal may decide the rules of play to which you must adhere. The Portal shall assess whether you are playing by the rules.

2.2 Dishonest techniques

You may not use any dishonest methods to play the Games. Every technique which offers a player the opportunity of using anything other than skill to play a game shall be deemed dishonest. These techniques include, but are not limited to, holding more than one account, using programme codes or commands or adapted hardware or software to help play the game, taking on the identity of another player, or deliberately losing Games in order to gain a competitive advantage.

2.3 Computerised playing

Using machines, computers, software, scripts or making any other use of mechanical, macro methods, either automatic or programmed, is not permitted.

2.4 Infringement

Any infringement of the rules of play or acting in any other way which contravenes the Terms and Conditions, could result in you being excluded from playing Games and, moreover, cause the payment of any profits you may have accrued to be withheld.

3. Unauthorised use and measures

3.1 Measures

If the Portal is of the opinion that you are guilty of any unauthorised actions, the Portal may take appropriate measures. These measures may include blocking your game-credits or IP address, cancelling any accrued profits and excluding you from future participation.

The following shall, amongst others, be deemed unauthorised actions:

  • making insulting, threatening or discriminatory announcements in the chat function or anywhere else on the Portals website;
  • behaving in a way that causes the disruption or breakdown of the Games or affects the smooth operation of the Portal in any other way;
  • making use of access to the Portal or the Games, or the information collected from the Portal or the Games, to send unsolicited emails (spam);
  • acting in any other way that contravenes the provisions of these General Terms and Conditions or the Portals rules of play; and / or
  • creating and / or owning multiple accounts

4. Privacy

4.1 Privacy

The Portal shall respect the privacy of all its players and shall bear responsibility for ensuring that the details you provide to the Portal are handled confidentially. The Portal shall use your details to enable the Games to be played and, where applicable, to facilitate the payment of profits as easily as possible. For the rest, the Portal shall only use your details with your permission, or when it is requested to do so by an authorised body or forced to do so by a court of law. The Portal shall not sell your details to a third party.

4.2 Privacy policy

Gembly has compiled a privacy policy which can be found on the Gembly website. You have approved that policy.

5. Intellectual property rights

5.1 Intellectual property rights

The Portals website, web documents, illustrations, depictions, logos, sound fragments and programs, including software, are the property of the Portal and are protected by copyright and trademarks. Reproducing, making available to the public or distributing work protected in this way, both partially and wholly, is prohibited.

6. The Portals obligations and liability

6.1 Disruptions

The Portals aim is to have the Games it offers operate without disruption, but cannot guarantee that the Games will never be subject to breakdown.

6.2 Game offer

The Portal is not under any obligation to continue offering the Games it is currently offering in the future. The Portal is free to choose which Games it wishes to offer.

6.3 Problems

The Portal is not liable for any problems and/or damages which could arise as a result of using this website and/or playing Games on this website, whatever the nature of the problem or damage; these problems and damages shall include delays, spam or viruses, caused by the use of e-mail, downloaded material or other functions originating from a website of the Portal. Nor can the Portal be held liable for any deficiency or inaccuracy in the information provided on the website or damages as a consequence of the Games.

6.4 Obligations

If the Portal fails imputably to fulfil its obligations and remains in default even after it has been served with a written notice of default by you, the Portal shall be liable vis-à-vis you. The Portals maximum liability shall be limited to the amount you credited to your Account immediately prior to the relevant event.

7. Miscellaneous

7.1 Invalidity

In the event that any part of these General Terms and Conditions is deemed to be invalid or unenforceable by a court ruling or judicial decision, the rest of the General Terms and Conditions shall remain valid and enforceable; and the provision deemed invalid or unenforceable shall be replaced by a provision which is valid and enforceable and which, as far as possible, takes account of the intention of the invalid or unenforceable provision.

7.2 Transfer

The Portal shall be entitled to transfer its rights and obligations by virtue of agreements with players to third parties. If the Portal opts to do so, it shall inform you of this fact.

7.3 Applicable law

All the agreements between you and the Portal shall be governed by Dutch law.

7.4 Disputes

The District Court of Amsterdam shall have exclusive jurisdiction to hear all disputes.