TalkSportTrivia games (“Trivia Games”) are brought to you by YamYam UK Ltd (“YamYam”, “we”, “us” or “our”). YamYam is a UK limited company with company registration number 12765394. YamYam’s registered office is at The Coach House, 2c Clark Road, Wolverhampton, West Midlands, England, WV3 9NW
These terms of service (“Terms”) set out the terms of a contract between you and Yam Yam UK Ltd. This is the basis on which you are allowed to access and use the Trivia Games which can be accessed via our website at talksporttrivia.com (the “Website”) (together the “Service”). Please note that in addition to these Terms each game within the Trivia Games has its own game rules explaining how each game operates (“Game Rules”).
If you do not agree with these Terms then you should not open an account with us or use any of our Services.
We may amend the Service or make changes to these Terms from time to time, including to ensure compliance with applicable law. Material changes will be notified to you via email or via the Website. You should pay particular attention to the latest Game Rules made available on the Website.
If you have any concerns, questions or comments about the Website, these Terms or the Service as a whole, please contact us by email firstname.lastname@example.org
YOUR USE OF THE SERVICE
By opening an account with YamYam (an “Account”) and/or using our Service, you confirm and agree that:
You are at least 18 years of age.
You are purchasing with your own money and of your own accord.
You will not play on behalf of, or for the benefit of, any third-party.
You are of full legal capacity.
If you are connected to any professional sporting organisation, be it as a competitor, employee or otherwise, you will not use the Services in breach of the applicable rules or regulations of the relevant sports authority or regulator.
You are not restricted from using our Services in any way, including under your contract of employment or under the laws of your country of residence.
You shall not interfere with, or disrupt, the Service or any servers or networks connected to the Service, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Service is rendered or displayed in your browser or device.
You are responsible for paying any and all taxes in your jurisdiction associated with using our Service.
You shall only use the Service for your own personal use and not for any commercial use.
To open an Account, you may be asked to provide us with certain personal information when signing up, including but not limited to your name, email address, postal address, and date of birth.
You warrant that the personal details you provide to us on opening your Account are accurate, complete and correct. If you do not provide us with accurate details then your Account may be suspended and all purchases (and any resulting winnings) may be voided. Please inform us as soon as possible if any of your personal details change.
It is strictly forbidden to have more than one Account. If we identify two or more accounts are held by the same person, then the Account most recently registered will be closed. We reserve the right to withhold any winnings that have been obtained through any duplicate Account(s).
The username, associated email and password used to create your account must be kept confidential by you. We reserve the right to regard as valid all purchases registered to or placed from your Account
We will not be liable to you for any loss that you may incur as a result of an unauthorised person accessing your Account, whether fraudulent or otherwise.
In order to enter our Trivia Games, you will need to pay an entry fee as set out in the Game Rules. You can purchase Trivia Games entries using any of our supported payment methods that are registered to your name and address. Payments must be made in GBP.
If you use a payment method where you are not the Account holder then we may void your purchases and any winnings arising from your stake, pending the satisfactory completion of all relevant checks.
YamYam uses third-party electronic payment processors to process all financial transactions and you hereby consent to our third-party electronic payment processors handling your transactions.
You agree not to charge-back, reverse or otherwise cancel any transactions used to pay entry fees from your account. If you attempt to chargeback any such funds, you will be in breach of these Terms and you will be eliminated from Trivia Games. We reserve the right to terminate your Account in these circumstances.
You are responsible for any taxation on winnings which may apply to your activity on our Service.
If our regulatory obligations require us to perform any further due diligence checks on you based on your payment activity, you agree to cooperate with any due diligence requests by providing requested information promptly.
If we suspect that multiple entry fees paid across separate Accounts have in fact been paid by the same individual (or syndicate of individuals), then we reserve the right to make all entry fees void across all affected Accounts and withhold the payment of any winnings pending the outcome of our investigation into the matter.
CANCELLATION AND REFUNDS
All sales are final. Purchases of digital entries to our Trivia games are not refundable, not transferable, and can not be cancelled. Furthermore, all entries must be redeemed during the time the competition is active. Any entries not played once the competition has ended will be forfeited and are not able to be refunded in full or in part.
Prize money will be paid out to the game winner(s) as set out in the Game Rules. Prize money will be paid to the winner(s) via direct bank transfer.
COVID AND OTHER MATTERS BEYOND OUR CONTROL
Neither you nor we shall be in breach of this agreement or liable for delay in performing, or failure to perform, any of our respective obligations under this agreement if such delay or failure result from events, circumstances or causes beyond either of our reasonable control. This includes pandemics and epidemics. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for six months, the party not affected may terminate this agreement by giving 30 days’ written notice to the affected party.Government policy will dictate delivery or delay of the prize and the organiser is not liable for any such delay .
We make every effort to ensure that no errors are made in the administration of the Service. However, human and/or system errors may occasionally occur. Errors may include where we make incorrect payments to game winner(s) or where we continue to accept game entry fees after the relevant Trivia Games have finished.
Where an error occurs, we will take appropriate action, which may include contacting you, (where time allows) and providing you with an option to cancel your entry or voiding entry fees.
As soon as you suspect or become aware of an error you must immediately cease all activity on the Service and inform us as soon as reasonably practicable of any such error or suspected error.
We reserve the right to take whatever steps necessary to correct the proper operation of the quiz including, but not limited to, replacing questions, removing player tickets from the draw, and redrawing tickets. Whatever decisions are made to make corrections are final and no correspondence will entered into.
SUSPENSION AND TERMINATION OF ACCOUNTS
It is illegal for anyone under 18 to use the Service. If we discover that you are under 18 at any time then all entry fees received from your Account will be made void and your Account will be terminated. Your purchases will be refunded to you but you will not be entitled to any winnings.
We reserve the right to suspend or terminate your Account at any time should you breach these Terms or the Game Rules.
If we suspect that you have cheated, acted fraudulently or where there is a reasonable suspicion around the integrity of your behaviour, we may suspend your Account and withhold any winnings pending the outcome of our investigation.
If no entry fees have been placed from your Account for a period of 6 months, we will consider your account an “inactive account”. We will contact you to check if you wish to keep your Account open. If we have not heard from you for a further 30 days, we reserve the right to terminate your Account.
We agree to provide the Service with reasonable skill and care and as described in these Terms.
Except as stated in these Terms, the Service is provided without further warranty of any kind. All conditions, warranties, representations and terms implied by law, custom or otherwise are excluded by us to the fullest extent permitted by applicable law.
You acknowledge that there is a risk of losing money when using our Services and you accept that you are fully responsible for any losses you make when using the Service.
You acknowledge that we cannot guarantee that the Service will:
meet your requirements;
stay the same (as we might change the Service or remove it altogether);
be compatible with all or any hardware or software which you may use;
be available all the time or at any specific time;
be accurate, up-to-date or reliable; or
be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.
You acknowledge that we will not be liable for any loss or damage suffered by you or a third party which is caused by (or results from):
entry fees lost by failing to win the relevant Trivia Games
your failure to comply with these Terms, and the Game Rules
any virus attack that can be traced to our Service (to the fullest extent permissible by law)
mistakes, errors or technical failures attributable to our Service (to the fullest extent permissible by law)
the misuse or unauthorised use of your Account
circumstances beyond our reasonable control, or
the corruption of data sent by you to us, or by us to you.
Nothing in these Terms shall exclude or restrict our liability for death or personal injury resulting from our negligence, for fraud (including fraudulent misrepresentation) or such other liability which cannot be excluded by law.
We shall not be liable to you in contract, tort (including negligence), breach of statutory duty or otherwise for any special, indirect, punitive, incidental or consequential losses arising out of or in relation to these Terms or your use of the Service, even if such losses are foreseeable or if we have been notified by you of the possibility of that loss. We shall not be liable for any business losses and/or losses to non-consumers.
Subject to the aforementioned terms in this section, our liability to you at all times shall not exceed an amount equal to;
where our liability relates to any entry fees – the aggregate of the entry fees paid by you in respect of which our liability has arisen, and
in respect of any other liability of YamYam, the sum of £100.
All design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material contained and forming any part of the Website, including all intellectual property rights in the “Trivia Games”, logos, designs, trademarks and other distinctive brand features of Trivia Games are subject to copyright and other proprietary rights which are either owned by YamYam or used by us under license from third-party rights owners.
Subject to you holding a valid account, you may access and use the Service on a non-exclusive, non-transferable, revocable license basis for your own personal, non-commercial and entertainment purposes. To the extent that any material comprised within the Website or Service may be downloaded or printed then one copy of the downloadable material may be downloaded to a single device only (and hard copy portions may be printed) solely for your own personal and non-commercial use.
Under no circumstances shall the use of the Website or Service grant you any interest in any intellectual property rights owned by YamYam, talkSPORT Limited, News UK & Ireland Limited, or owned by any third-party.
You must not copy, store, publish, rent, license, sell, distribute, alter, add to, delete, remove or tamper with any part of the Website, including any intellectual property rights affixed to the Website, any proprietary software compromising the Website and/or any software made available for download without our prior written consent.
COMPLAINTS AND DISPUTES
Should you have a concern or complaint regarding our Service, please contact us at email@example.com in the first instance. We will endeavour to resolve any issues raised in a timely manner.
Any complaints received more than 6 months from the date the event to which your complaint relates to occurred may not be considered.
LINK TO THIRD PARTIES WEBSITES
The Service may include links to third-party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such websites. We recommend you review those websites’ terms and conditions and privacy policies to ensure you are happy to use them.
You may not assign or transfer any of your rights or obligations under these Terms. We may at any time and in our sole discretion assign or transfer any of our rights or obligations under these Terms, to any member of our group (which means our subsidiaries, our ultimate holding company and its subsidiaries) and/or to any third-party in conjunction with the transfer of all or part of our business and assets.
Failure by us to insist upon strict performance of any of your obligations or to exercise any of the rights or remedies to which we are entitled shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any provision shall not constitute a waiver of any subsequent breach of that provision.
Each of the provisions of these Terms operates separately. If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in full force and effect.
These Terms (including any document referenced in these Terms) constitutes the entire agreement between YamYam and you relating to your use of the Services, and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
Except where expressly otherwise provided in these Terms, no third-party will have any rights to enforce any provision of these Terms.
YamYam and their affiliates reserve the right to void, suspend, cancel, or amend the Game where it becomes necessary to do so. We may also amend or withdraw any element of the Game for reasons beyond our reasonable control, including but not limited to strike, lock-out, labour dispute, illness, act of God, natural disaster, adverse weather conditions, war, riot, civil commotion, accident, public health concern in relation to potential infection, epidemic or pandemic, malicious damage, fire, flood and/or storm, compliance with law or governmental order, rule, regulation or direction, breakdown of plant, machinery or transportation. YamYam and their affiliates are not responsible for any loss or damage caused to you as a result of any of these occurrences.
These Terms are governed and construed in accordance with the laws of England and Wales. Any dispute or difference of any kind arising between us in connection with or arising out of these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.