Terms & Conditions
1. Acceptance of Terms
2. Alpha Disclaimer
5. Representations, Warranties, and Risks
7. Limitation of Liability
8. Our Proprietary Rights
10. Termination and Suspension
11. No Third-Party Beneficiaries
12. Notice and Procedure For Making Claims of Copyright Infringement
13. Arbitration and Class Action Waiver
14. General Information
15. Prohibited Use
16. Anti-Fraud Policy
17. Verification Checks
18. Compliance With Laws
19. Intellectual Property Rights
The Ultrafair Limited’s Protocol ("UF", “we,” “us,” or “our”) is not offered to persons or entities who reside in, are citizens of, are located in, are incorporated in, or have a registered office in the United States of America (collectively, "US Persons"). Moreover, none of our other Services are offered to persons or entities who reside in, are citizens of, are located in, are incorporated in, or have a registered office in any restricted territory, as defined below (any such person or entity from a restricted territory, a "Restricted Person"). We do not make exceptions; therefore, if you are a US Person, then do not attempt to use our Contracts, Protocol or Application and if you are a Restricted Person, then do not attempt to use any of the Services, as defined below. Use of a Virtual Private Network ("VPN") to circumvent the restrictions set forth herein is prohibited.
As a condition to accessing or using the Services or the Site, you represent and warrant to Ultrafair the following: If you are entering into these Terms as an individual, then you are of legal age in the jurisdiction in which you reside and you have the legal capacity to enter into these Terms and be bound by them; If you are entering into these Terms as an entity, then you must have the legal authority to accept these Terms on that entity's behalf, in which case "you" (except as used in this paragraph) will mean that entity; If you are entering into these Terms to access Ultrafair or will in the future access Ultrafair.com, then you are not a US Person; You are not a resident, national, or agent of Antigua and Barbuda, Algeria, Bangladesh, Bolivia, Belarus, Burundi, Burma (Myanmar), Cote D'Ivoire (Ivory Coast), Crimea and Sevastopol, Cuba, Democratic Republic of Congo, Ecuador, Iran, Iraq, Liberia, Libya, Magnitsky, Mali, Morocco, Nepal, North Korea, Somalia, Sudan, Syria, Venezuela, Yemen, Zimbabwe or any other country to which the United States, the United Kingdom or the European Union embargoes goods or imposes similar sanctions (collectively, "Restricted Territories"); You are not a member of any sanctions list or equivalent maintained by the United States government, the United Kingdom government, the European Union, or the United Nations (collectively, "Sanctions Lists Persons"); You do intend to transact with any Restricted Person or Sanctions List Person; You do not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services; and Your access to the Services is not (a) prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over Ultrafair, you, the Site or the Services, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, ''Applicable Laws"); or (b) contribute to or facilitate any illegal activity. Please note that none of the content of Ultrafair's website, blogs, social media posts, or any digital or written content constitutes investment advice. Please do your own research.
Any software provided by Ultrafair that is identified as being in alpha stage (“Alpha Software”) is considered experimental. The Client understands that the Alpha Software is still in the early stages of development and may contain bugs, errors, or other issues that could cause harm to the Client's systems, data, or business operations. The Client assumes all risks associated with the use of the Alpha Software, and Ultrafair shall not be liable for any damages or losses incurred as a result of the use of such software, including any changes made to the code in subsequent stages of development
These Terms may be discretionarily modified or replaced at any time, unless stated otherwise herein. The most current version of these Terms will be posted on the Site. Any changes or modifications will be effective immediately upon posting the revisions to the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. You waive any right you may have to receive specific notice of such changes or modifications. Use of the Service by you after any modification to the Terms constitutes your acceptance of the Terms as modified. If you do not agree to the Terms in effect when you access or use the Service, you must stop using the Service.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. You further represent you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that Ultrafair or any of the Ultrafair subdomains and Community Members/ Users (as defined below) is not liable for your compliance with such laws. Finally, you represent and warrant that you will not use the Service for any illegal activity.
You expressly understand and agree that your use of the Service is at your sole risk.
5.1.1 All persons, entities, agents, and Community Members/ Users involved with the creation of the Ultrafair System and Software ("Ultrafair Community Members/Users") make and expressly disclaim all representations and warranties, express, implied or statutory; and
5.1.2 With respect to the Ultrafair System and Software, Ultrafair Community Members/ Users and all related entities and agents specifically do not represent and warrant and expressly disclaim any representation or warranty, express, implied or statutory, including without limitation, any representations or warranties of title, non-infringement, merchantability, usage, security, suitability or fitness for any particular purpose, or as to the workmanship or technical coding thereof, or the absence of any defects therein, whether latent or patent. The Ultrafair Community Members/ Users or any related entities or agents do not represent or warrant that the service and any related information are accurate, complete, reliable, current or error-free.
To the fullest extent permitted by law and notwithstanding any other provision of this agreement or any other agreement contemplated herein or applicable provisions of law or equity or otherwise, the parties hereto hereby agree to eliminate any and all fiduciary duties the Ultrafair Community Members/ Users or any related entities and agents may have to the user, its affiliates, or the end users of the Service, the Site or its Content, provided that such exclusion or limitation of liability shall not extend to misappropriation of the users, its affiliates, or the end users of the Services, Site or Content provided by the Ultrafair Community Members/ Users or any related entities and agents or other acts or omissions that constitute a bad faith violation of the implied contractual covenant of good faith and fair dealing.
You acknowledge that the Ultrafair System and Software is subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Services or Content. This warning and others later provided by Ultrafair Community Members/ Users in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Service or Content.
Although it is intended to provide accurate and timely information on the Site and other tools making up the Ultrafair System and Software, the Site (including, without limitation, the Content) or relevant tools may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site or relevant tools are your sole responsibility and Ultrafair Community Members/ Users shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by any entity. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the Site or available via other relevant tools.
Any use or interaction with the Ultrafair System and Software requires a comprehensive understanding of computer science in order to appreciate inherent risks, including those listed above. You represent and warrant that you possess relevant knowledge and skills.
You acknowledge and agree that you assume full responsibility for your use of the Site and Service. You acknowledge and agree that any information you send or receive during your use of the Site and Service may not be secure and may be intercepted or later acquired by unauthorised parties. You acknowledge and agree that your use of the Site and Service is at your own risk. Recognizing such, you understand and agree that, to the fullest extent permitted by applicable law, neither Ultrafair Community Members/ Users nor any related entities, Suppliers or Licensors will be liable to you for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages of any kind, including without limitation damages for loss or any other damages based on contract, tort, strict liability or any other theory (even if any of the Ultrafair Community Members/ Users or related entities had been advised of the possibility of such damages), resulting from the Site or Service; the use or the inability to use the Site or Service; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Site or Service; any actions we take or fail to take as a result of communications you send to us; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any device or network, providers, or software (including, but not limited to, those that do not permit participation in the Service); any injury or damage to computer equipment; inability to fully access the Site or Service or any other website; theft, tampering, destruction, or unauthorized access to, images or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to the Site or Service. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
• the amount of the transaction relevant to the which the liability in question has arisen; and
• where monies paid by you into your account have been misplaced by us, the return of the same amount into your account.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and you confirm that we shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Website.
All title, ownership and intellectual property rights in and to the Service are owned by Ultrafair Community Members/ Users, related entities or their licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by a relevant entity, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, utilise, display or create derivative works based on the Service, in whole or in part without express written permission.
The Service provides, or third parties may provide, links to other World Wide Web or accessible sites, applications or resources. Because none of the Ultrafair Community Members/ Users have control over such sites, applications and resources, you acknowledge and agree that Ultrafair Community Members/ Users or any related entity is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Ultrafair Community Members/ Users or any related entity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
These Terms may be discretionarily modified or replaced at any time, unless stated otherwise herein. The most current version of these Terms will be posted on this Site. Any changes or modifications will be effective immediately upon posting the revisions to the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. You waive any right you may have to receive specific notice of such changes or modifications. Use of the Service by you after any modification to the Terms constitutes your acceptance of the Terms as modified. UF reserves the right to terminate without notice any user or account at any time. Users accept this is a free service. If you do not agree to the Terms in effect when you access or use the Service, you must stop using the Service. The following provisions of the Terms survive any termination of these Terms: Indemnify; warranty disclaimers; limitation on liability; our proprietary rights; links; termination; no third-party beneficiaries; binding arbitration and class action waiver; general information.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.
If you believe that your copyright or the copyright of a person on whose behalf you are authorised to act has been infringed, please provide a written notice to [email protected] containing the following information: an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.
The parties agree they shall use their best efforts to engage directly to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating an arbitration.
If we cannot resolve the dispute through good-faith negotiations, you and we agree that any dispute arising under this Agreement shall be finally settled in binding arbitration, on an individual basis, in accordance with the UK rules for arbitration of consumer-related disputes and you and Ultrafair hereby expressly waive trial by jury and right to participate in a class action lawsuit or class-wide arbitration. The arbitration will be conducted by a single, neutral arbitrator and shall take place in a mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorised by law, and the arbitral decision may be enforced in any court. At your request, hearings may be conducted in person or by telephone/online and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys' fees. If the arbitrator(s) or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator's rules or applicable law. Apart from the foregoing, each Party will be responsible for any other fees or costs, such as attorney fees that the Party may incur. If a court decides that any provision of this section 13.2 is invalid or unenforceable, that provision shall be severed and the other parts of this section 13.2 shall still apply. In any case, the remainder of this Agreement, will continue to apply.
For any dispute not subject to arbitration, you and Ultrafair agree to submit to the personal and exclusive jurisdiction and venue in the federal and state courts located in Ireland. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. The terms and the relationship between you and Ultrafair shall be governed by the laws of the Republic of Ireland without regard to conflict of law provisions.
These Terms (and any additional terms, rules and conditions of participation that may be posted on the Service) constitute the entire agreement with respect to the Service and supersedes any prior agreements, oral or written. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over the Terms to the extent of the conflict.
The failure of any entity to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The headings of sections and paragraphs herein are included solely for convenience of reference only and shall not be deemed to modify or limit the provisions of this Agreement.
You may not use the Service to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of the Services involves a Prohibited Use, or have questions about how these requirements apply to you, please contact us at [email protected].
By opening using the Service provided here, you confirm that you will not use this Service to do any of the following:
Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in any relevant country, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information
Abuse Other Users: Interfere with another individual's or entity's access to or use of any Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Site about others, including without limitation email addresses, without proper consent.
Ultrafair has a strict anti-fraud policy and utilises various anti-fraud tools and techniques. If the player is suspected of fraudulent actions including, but not limited to:
- participating in any type of collusion with other players;
- development of strategies aimed at gaining of unfair winnings of prizes;
- fraudulent actions against UF or payment providers;
- chargeback transactions with a credit card or denial of some payments made;
- creating two or more accounts;
- providing of forged documents;
- other types of cheating;
- falsifying identity and
- mulitple individuals utilising a single account
or becomes bankrupt in the country of their residence, Ultrafair reserves the right to terminate such Player Account and suspend all payouts to the player. This decision is at sole discretion of Ultrafair and the player will not be notified or informed about the reasons of such actions. Ultrafair also reserves the right to inform applicable regulatory bodies of the fraudulent actions performed by the player.
You may not use funds that originates from any illegal activity or source or that is tainted or associated with any illegality or ill-gotten means.
Ultrafair has zero tolerance to advantage play. Any player who will try to gain advantage of Ultrafair welcome offers or other promotions agrees Ultrafair reserves the right to void prizes for the reasons of:
- use of stolen cards;
- creating more than one account in order to get advantage from promotions;
- providing incorrect registration data and
- any other actions which may damage UF.
Ultrafair reserves the right to close your Player Account at Ultrafair's absolute discretion and without any obligation to state a reason or give prior notice.
In order to verify the Player's account, Ultrafair management require the following documents ID, payment systems, utility bills etc. In case the Player doesn’t have an opportunity to provide documents in above-mentioned, Ultrafair reserves the right to demand video verification where the Player shows their documents. Ultrafair reserves the right to retain prizes, if suspicion or evidence exists of manipulation of the Ultrafair system. Criminal charges will be brought against any user or any other person(s) who has/ have manipulated the Ultrafair system or attempted to do so. Ultrafair reserves the right to terminate and/ or, change any contests or events being offered on the Website.
Ultrafair reserves the right to retain payments, if suspicion or evidence exists of manipulation of the Ultrafair system. Criminal charges will be brought against any user or any other person(s) who has/ have manipulated the Ultrafair system or attempted to do so. Ultrafair reserves the right to terminate and/ or, change any contests or events being offered on the Website.
Should you become aware of any possible errors or incompleteness in the software, you agree to refrain from taking advantage of them. Moreover, you agree to report to Ultrafair any error or incompleteness immediately by reporting it to [email protected]. Should you fail to fulfil such obligations, Ultrafair has a right to full compensation for all costs related to the error or incompleteness, including any costs incurred in association with the respective error/ incompleteness and the failed notification.
Ultrafair is not a financial institution and thus should not be treated as such.
By opening an account, you agree that we may perform certain verification checks (“Verification Checks”) as described in further detail in this clause. Please note that we reserve the right to close, suspend or terminate your account at our sole discretion if there is any issue with the Verification Checks.
You may be asked to verify your email via an activation link or other proof that the email account belongs to you. If this step is not completed, the account may be suspended and any prizes voided until the account details have been verified.
Electronic age verification checks are carried out and we may make use of third party agencies to confirm your age. We may require and request further information directly from you. If, upon completion of Verification Checks (or subsequently) you are ultimately proven to be underage: (i) your account will be closed; (ii) any prizes obtained while using the Website will be retained by us; and (iii) all funds deposited by you will be returned by a method determined by us.
We may make use of third party agencies to confirm your age, identity, address and bank details or any other information that you provide to us. This process will involve checking the disclosed details against certain (public or private) databases. By entering into this process, you agree that we may use, record and disclose such personal information and this data may be recorded by us or them. The third parties that we use is fully aware of its obligations under the Data Protection Act and will always act in accordance with its provisions and our instructions.
As part of our Verification Checks, there may be requests for supporting ID or other documentation or information which you will be advised of at the time. We may suspend your account and/or prevent you from placing any further transactions until you have satisfactorily completed these Verification Checks.
Please note that we may decide to carry out further Verification Checks (including requesting extra documents or information) to confirm, without limitation, your identity, age and address or bank details. This is to satisfy our AML obligations, routine security checks and to safeguard the integrity of your account.
If, upon completion of Verification Checks, we are unable to verify your details or you are unable and/or unwilling to provide proof of your residential address, or other information required to complete verification, we will within a reasonable time, close your account at the time of the unsuccessful verification.
In addition to the above and as part of our compliance we may at any time (including, but not limited to, certain stages of your account registration) ask you to not only verify your identity and address but also request proof of ownership for any bank account details (including the source of your funds or wealth).
It is unlawful to deposit, or attempt to deposit, funds obtained from criminal, illegal or fraudulent activities into your account. We are required to monitor any unusual or suspicious transactions of any size and report suspicious transactions and fraudulent activity to the appropriate regulator, and we may report such activity to the police or relevant authorities. Please note that if you decide not to answer any requests for information then it may lead us to have to make the unfortunate decision to close your account.
Risk Management and Compliance Programme (RMCP), in addition to the above, the company abides at all times to the processes and procedures set out in its RMCP which includes but not limited to the regulatory requirements as set out in the relevant jurisdictions. (Below is a link to the RMCP)
Any products accessed through the Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions placed through the Website.
The Website and all content and software made available on it (including, but not limited to, the Contests) (together the “Website Material”) are our exclusive property or are used under licence by us. We take breaches of our Intellectual Property Rights seriously and may take legal action in respect of any infringements.
The names of our Products and Services (including, but not limited to, the names of our Contests) are the trademarks of us or our licensors. The Website Material is protected by copyright laws and treaties around the world. All rights in and to the Website Material (including all Intellectual Property Rights) are reserved.
These intellectual property rights include, without limitation, copyright, trademarks, the underlying software, the design, graphics, layout, look and feel and structure of our Website, database rights, design rights, domain names and rights to goodwill and/or to sue for passing off. You are permitted to use this material and content only as expressly authorised by us.
The Website Material is made available to you for use on a non-commercial entertainment basis only. Any other use (including, but not limited to, republication) of the Website Material is subject to our prior written approval.
Without limiting the generality of the foregoing, you may not sell, assign, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Website Material without our express prior written consent. Except as permitted by applicable law you must not decompile, re-engineer or disassemble the Website Material, nor attempt to interfere with its correct operation. You agree not to remove, obscure, or alter any copyright, patent, trade mark, or other proprietary rights notices affixed to Website Material. You agree not to use any automatic or manual device to monitor any of our web pages or any content therein.
We will not be liable to you for any losses nor be liable to pay you any prizes if we have reasonable cause to believe that you have engaged in any activity prohibited by this clause.