Terms and Conditions of Use of The Market2win Simulatorsdfsdfs

By using and/or visiting any section of the Market2win websites www.market2win.com or www.market2win-info.com (referred to in these Terms and Conditions as the “Websites”); or by opening an account with Market2win (as determined by reference to paragraph 2 of the General Terms and Conditions) through the Websites, You agree to be bound by the General Terms and Conditions, on this page; and You accordingly agree to the use of electronic communications in order to enter into contracts; and You waive any applicable rights or requirements which require a signature by hand, to the extent permitted by any applicable law. These Terms and Conditions do not affect your statutory rights.

All of the various terms and conditions in paragraphs 1.1 and 1.2 above shall together be referred to as “the Terms of Use”.

Please read the Terms of Use carefully before accepting them. Once You have accepted the Terms of Use, please print the Terms of Use and store them, along with all confirmation emails, additional terms, transaction data, game rules and payment methods relevant to Your use of the Websites. Please note that the Terms of Use are subject to change, as set out in paragraph 3 below.

If You do not agree to accept and be bound by the Terms of Use please do not open an account, and/or continue to use Your Account. Your continued use of the Websites will constitute acceptance of the Terms of Use which we have notified You are in force from time to time.

The Terms of Use govern Your contract with Market2win as determined by reference to paragraph 2 below and will come into effect on 1st October 2009.

GENERAL TERMS AND CONDITIONS

The Terms of Use shall be agreed between You and Market2win Limited (“Us”)

We may need to change the Terms of Use from time to time for a number of reasons, including (without limitation) for commercial reasons; and/or to comply with law or regulations; and/or to comply with instructions, guidance or recommendations from a regulatory body; or for customer service reasons.

Where we wish to make substantial changes to the Terms of Use, we will (where reasonably practicable) give You as much prior notice of such changes as is reasonably practicable via one of the methods set out in paragraph 3.3. For minor or insubstantial changes, we may not give You any notice of such changes, so You are advised to review terms and conditions which are available through the ‘Terms and Conditions’ link on the Websites on a regular basis.

Where we make changes to the Terms of Use which we wish to notify You of, we will do so by:

If any change is unacceptable to You, You may either cease using the Websites, and/or close Your Account by complying with paragraph 8 of these General Terms and Conditions. Your continued use of the Websites after the date on which the Terms of Use are stated to come into effect will be deemed to be Your binding acceptance of the revised Terms of Use, whether or not You have had notice of, or have read, the revised Terms of Use.

We may also change the Terms of Use by notice on the Websites, accompanied by an invitation for You to accept the new Terms of Use by clicking “yes”, “I accept”, checking a ‘tick box’ or similar method of confirmation by You. If You provide us with any such confirmation, from that time You are deemed to have accepted, and be bound by, the new Terms of Use.

In order to play a game via the Websites, You will need to open an account with Market2win (“Your Account”). 

If You have lost or forgotten Your Account details please contact us immediately for a replacement

If You are gaming on peer-to-peer events via the Websites You cannot see who You are gaming against and they may be:

• colluding with other third parties; and/or
• using unfair external factors or influences (commonly known as cheating); and/or
• undertaking fraudulent activities to Your disadvantage and their advantage.

If You suspect a person is colluding, cheating or undertaking a fraudulent activity, You shall as soon as reasonably practicable report it to us by e-mailing us

You are entitled to close Your Account and terminate the Terms of Use on not less than 24 hours’ notice to us at any time, provided that Your Account does not show a balance is due to us, by contacting us by any of the contact details in paragraph 6.2, in each case clearly:

The Terms of Use shall terminate with effect from the date on which the closure of Your Account takes effect. The balance of Your Account will be non-refundable and deemed to be forfeited by You.

CLOSURE AND TERMINATION BY US

If Your Account remains inactive for a continuous period of six (6) months or more, we may close or suspend Your Account without notice. In the event of such account closure, the Terms of Use will be terminated automatically from the date on which such termination takes effect.

Where we close Your Account and terminate the Terms of Use pursuant paragraphs 7 (Collusion, Cheating, Fraud and Criminal Activity) or paragraph 15 (Breach of the Terms of Use) of these General Terms and Conditions, the balance of Your Account will be non-refundable and deemed to be forfeited by You.

Under no circumstances should You use the Websites for any purpose which is or is likely to be considered to be defamatory, abusive, obscene, unlawful, of a racist, sexist or other discriminatory nature, or which could cause offence. You must not use any abusive or aggressive language or images; swear, threaten, harass or abuse any other person, including other users, via the Websites; or behave in such a manner towards any Market2win staff.

You shall not corrupt the Websites, flood the Websites with information so as to cause the Websites to not function, nor use any features which may affect the function of the Websites in any way for example (but not limited to) releasing or propogating viruses, worms, logic bombs or similar. Any multiple submissions or "spam" are strictly prohibited. You must not interfere or tamper with, remove or otherwise alter in any way, any information in any form which is included on the Websites.

We reserve the right to restrict access to certain parts of the Websites for different customers

You will fully indemnify, defend and hold us and our officers, directors, employees, agents, contractors and suppliers (including without limitation the Software Provider) harmless from and against any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees), however caused, that may arise as a result of or in connection with:

In such circumstances, You may be required to enter into end user terms and conditions of use in respect of such Software with such third party (a "Third Party Software Agreement") in order to make use of such Software. In case of any inconsistency between the Terms of Use and any Third Party Software Agreement, the Terms of Use will prevail.

Where unexpected system flaws, faults or errors occur in the software or hardware which we use to provide the Websites we will take immediate steps to remedy the problem. Where such flaws, faults or errors cause a game to be interrupted in circumstances where it cannot be restarted from exactly the same position without any detriment to You or other players, we will take all reasonable steps to treat You in a fair manner.

We do not accept any liability whatsoever for IT failures which are caused by the equipment which You or other players are using to access the Websites or faults which relate to Your or their internet service provider.

Your access to and use of the products offered via the Websites, is at Your sole option, discretion and risk. We shall not be liable for any attempts by You to use the Websites by methods, means or ways not intended by us.

We will provide the Websites with reasonable skill and care and substantially as described in the Terms of Use. We do not make any other promises or warranties regarding the Websites, or the products offered via the Websites, and hereby exclude (to the extent permitted by law) all implied warranties in respect of the same.

We (including our parent and subsidiary companies, affiliates, officers, directors, agents and employees) shall not be liable to You in contract, tort (including negligence) or otherwise for any business losses, including but not limited to loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not currently foreseeable by us arising out of the Terms of Use or Your use of the Websites .

You shall compensate us in full for any claims, liabilities, costs, expenses (including legal fees) and any other charges that may arise as a result of Your breach of the Terms of Use or any breach by You or by any other person using Your Account (whether or not with Your authority) of any laws of any jurisdiction which is applicable to You

Where You are in material breach of the Terms of Use, we reserve the right, but shall not be required, to:

No rights whatsoever are granted to use or reproduce any trademarks or logos which appear on the Websites except as specifically permitted in accordance with the Terms of Use.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Websites or to Your downloading of any material posted on such Websites, or on any website linked to the Websites.

All information on Your Account held by us remains confidential except where otherwise stated in the Terms of Use (including, for the avoidance of doubt, the Privacy Policy).

We are required by law (in particular by the Data Protection Act 1998 in the UK) to comply with data protection requirements in the way in which we use any personal information collected from You in Your use of the Websites. We therefore take very seriously our obligations in relation to the way in which we use Your personal information.

By providing us with Your Personal Information, You consent to our processing Your Personal Information, including any of the same which is particularly sensitive:

We will retain copies of any communications that You send to us (including copies of any emails) in order to maintain accurate records of the information that we have received from You.

You acknowledge that Market2win will determine the outcome of the games played on the Websites and You accept the outcomes of all such games. You further agree that in the unlikely event of a disagreement between the result that appears on Your screen and the game server, the result that appears on the game server will prevail, and You acknowledge and agree that our records will be the final authority in determining the terms and circumstances of Your participation in the relevant online gaming activity and the results of this participation.

We reserve the right to transfer, assign, sublicense or pledge the Terms of Use, in whole or in part, to any person (but without Your consent) without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to You. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under the Terms of Use.

Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of the provisions of the Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with paragraph 19 (Complaints and Notices) above.

SEVERABILITY

If any of the Terms of Use 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 the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, Market2win's original intent.

We each acknowledge that neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us except as expressly stated in the Terms of Use.

Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in the Terms of Use.

Where we provide hyperlinks to other websites, we do so for information purposes only. You use any such links at your own risk and we accept no responsibility for the content or use of such websites, or for the information contained on them. You may not link to this site, nor frame it without our express permission.

Market2win can be contacted by e-mail at the address on the Contact Us page of www.market2win.com