Terms and Conditions ("Terms")

Last updated March 8, 2024

    Introduction

  1. These terms constitute a legally binding agreement between yourself ("the customer") and Kookaburra Games Ltd ("the Company") for the access to / use of the Forescore application, associated website / mobile content (collectively "Forescore").
    1. References to "you" or "your" mean you as a participant of Forescore. References to "we", "us", or "our" are to the provider of Forescore, which is Kookaburra Games Ltd
    2. References to a participant of Forescore in the third person will be herein known as "Player"/ "Players"
    3. references to clauses are references to clauses of these Terms;
    4. clause headings are for convenience only and shall not affect the construction of these Terms;
    5. words importing the singular shall include the plural and vice versa and words importing any gender shall include the other genders
    6. any phrase introduced by the terms "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of those words to the preceding terms.
    7. any reference to any statute, statutory provision or regulation includes a reference also to all amendments, extensions, consolidations and re-enactments thereof, whether before or after the date of these Terms, and all statutory instruments, orders or regulations made thereunder soufrom time to time;
  2. If you have any questions, queries or complaints about these Terms, please contact us at support@forescore.io
  3. Unless these Terms provide otherwise or the context otherwise requires, the following definitions and rules of interpretation in this clause apply in these Terms:
    • "Application": means the downloadable Forescore App.
    • "Player": means either yourself and/or any person whose Registration has been accepted by us to participate in Application.
    • "Predictions": means your predictions of all of the scores you make in the Application.
    • "Registration": means an application to register to participate in the Application.

    4. Agreement and Representations

  4. By signing up with Forescore you hereby agree that you have understood and are both bound by and will abide by these Terms.
    1. If you do not agree to any of the conditions herein then you are prohibited from using the site and should discontinue the use immediately.
  5. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.
  6. By using the Application, you represent and warrant that:
    1. You have the legal capacity and you agree to comply with these Terms of Use;
    2. you are not under the age of 13;
    3. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Application;
    4. you will not access the Application through automated or non-human means, whether through a bot, script, or otherwise;
    5. you will not use the Application for any illegal or unauthorized purpose; and
    6. your use of the Site will not violate any applicable law or regulation.
  7. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Application (or any portion thereof).

    8. Registration and Use Of the Application

  8. In order to use Forescore you are required to sign up (“Registration”) to Forescore through the downloadable application (“Application”) and you must strictly follow any registration instructions provided.
  9. If your Registration is incomplete, incomprehensible and/or contains offensive language, your Application shall be deemed void and will not be accepted.
  10. For the avoidance of doubt, we reserve the right to reject any Registration at our sole discretion.
  11. In the event your Application is accepted, you will be notified via e-mail and will become a “Player”.
      We may require all email addresses require verification.
  12. All applicants must be at least 13 years of age.
    1. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site.
    2. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
    3. We reserve the right to immediately terminate your account should we believe you to be outside of the age limits.
  13. No purchase of any item or service is necessary in order for you to participate in Forescore - unless you wish to use premium features which can be purchased via In-App purchases.
    1. In this case, the sole consideration required from you is that you agree to be bound by these Terms.
  14. We accept no liability for lost, delayed or incomplete Registrations or Predictions which are not received by us for any reason.
  15. Points are calculated at:
    1. 10 points for the correct outcome; and
    2. 15 points for the correct outcome and goal difference; and
    3. 30 points for the correct score; or
    4. 20 points for the correct outcome with joker; and
    5. 30 points for the correct outcome and goal difference with joker; and
    6. 60 points for the correct score with joker; or
  16. Please note that our prediction bot is based on various factors and algorithms, and it is not a guarantee of the actual outcome of the game. We do not accept any responsibility or liability for any losses or damages that may arise from using our prediction bot, including but not limited to any betting or financial decisions made based on the prediction. Users should exercise their own judgment and caution when using the prediction bot and should not rely solely on it.

    17. In-App Purchases

  17. If you purchase an auto-renewing periodic subscription through the Service, your Forescore account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your Forescore account and follow instructions to terminate or change your subscription, even if you have deleted your account.
  18. You agree to pay all fees and applicable taxes incurred by you or anyone using a Forescore account registered to you. Forescore may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

    19. Payment Processors

  19. All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will Forescore be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.

    20. Refund Policy

  20. All payments are nonrefundable. There are no refunds for partially used membership periods. However, Forescore may grant refunds or credits on a case-by-case basis at our sole discretion. Forescore’s grant of a refund or credit in one instance does not obligate Forescore to provide a refund or credit in the future, under any circumstances. If you cancel your periodic subscription to a paid Forescore service, you will continue to have access to the service through the end of your current billing period.

    21. Data Protection

  21. Any personal information which you submit will be controlled in accordance with the Forescore Privacy Policy and all UK and EU legislation governing the same. For the avoidance of doubt, we will not disclose your personal information unless and only to the extent, and in such manner, as is required by law or any regulatory body.
  22. We may use your personal information for the following reasons:
      compliance with legal, regulatory and corporate governance obligations and good practice;
      operational reasons, such as recording transactions, training and quality control; and
      to promote other services offered by us or any of our group companies which may be of interest to you from time to time (unless you do not provide your consent )
  23. You can withdraw your consent to use of your personal data for marketing at any time by contacting us at support@forescore.io.
  24. By submitting your Registration, you consent to the processing, disclosure and transfer of your personal information as described above.

    25. Prohibited Activities

  25. You may not access or use the Application for any other purpose other than that for which we make the Application available.
  26. This Application may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
  27. As a player in the Application you shall not:
    1. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application;
    2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Application;
    3. violate any applicable laws, rules, or regulations in connection with your access or use of the Application;
    4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the Application;
    5. use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
    6. make the application Available over a network or other environment permitting access or use by multiple devices or users at the same time;
    7. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Application;
    8. use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; or
    9. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Application;
    10. make any unauthorized use of the Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
    11. use a buying agent or purchasing agent to make purchases on the Application;
    12. engage in unauthorized framing of or linking to the Application;
    13. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
    14. make improper use of our support services or submit false reports of abuse or misconduct;
    15. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
    16. interfere with, disrupt, or create an undue burden on the Application or the networks or services connected to the Application;
    17. attempt to impersonate another user or person or use the username of another user;
    18. sell or otherwise transfer your profile;
    19. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Application to you;
    20. use any information found on the Application or feature of the site to harass, annoy, intimidate or threaten any other players;
    21. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Application;
    22. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Application.

    28. Changes to these terms

  28. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.
    1. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change.
    2. It is your responsibility to periodically review these Terms of Use to stay informed of updates.
    3. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

    29. Responsibility and Remedies

  29. You are responsible for ensuring that your equipment is enabled with appropriate up-to-date virus checking software.
  30. While we will use commercially reasonable endeavours to ensure that the Application is available to you at all times and that the contents are correct and accurate, we cannot make any legal commitment to you that this will be the case. However, we will exercise reasonable skill and care in providing any service to you.
  31. We cannot accept any liability to you for any of the following types of loss which you may suffer as a result of your use of the Application.
  32. Nothing in these Terms will limit our liability for death or personal injury arising from our negligence or fraud.
  33. In the event of any breach by you of these Terms we reserve the right to:
    1. Refuse to enter your Predictions;
    2. Require any reasonable amendment to your Registration;
    3. Remove your from the Application;
    4. Ban you from future use of the Application.
  34. If you are barred or disqualified from the Application, you shall not be eligible to participate in the Application under any other identity or team name. Any such decision by us shall be final.
  35. If any of these Terms are determined to be illegal, invalid, or otherwise unenforceable then the remaining Terms shall continue in full force and effect.
  36. These Terms shall be governed by and construed in accordance with the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

    37. Advertisements

  37. We may allow advertisers to display their advertisements and other information in certain areas of the Application, such as banner advertisements and interstitial advertisements.
  38. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Application and any services provided on the Application or products sold through those advertisements.
  39. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Application, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
  40. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

    41. Intellectual Property Rights and Mobile Application License

  41. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us.
  42. The Content and the marks are provided on the Site "AS IS" for your information and personal use only.
  43. Except as expressly provided in these Terms of Use, no part of the Site and no Content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
  44. Provided that you are eligible to use the Application, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the marks.
  45. Provided that you are eligible to use the Application we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with these terms and conditions.

    46. Contact Details

  46. If you have any questions, queries or complaints about these Terms or the Application or the Application Rules, please contact us at:
    1. Email: support@forescore.io