Terms & Conditions

Who we are and what this agreement does

We are NextGen Play Ltd (company number 14051889) (we, us or our) of 27 Palmeria Mansions, Ground Floor Office Front, Church Road, Hove, East Sussex, United Kingdom, BN3 2FA.

These terms apply to the use of all services (Services) provided by us or otherwise made available by us, including:

• all games developed and/or published by us;

• all apps published by us (App);

• our site, https://www.nextgenplay.co.uk/;

• other services, such as in App purchasing services or rewards marketplaces provided via our App;

• all interactive features, services and communications provided or facilitated by us;

• all email newsletters published or distributed by us.

Account Creation

To access the Services you need to create a NextGen Play account (Account) by providing your first and last name, email address, phone number, age and gender. You agree to always provide us with true information and to keep that information updated. Your Account is personal to you and you may not allow anyone else to use your Account or share any password relating to the Account. If you think your Account is not secure, you must tell us immediately by contacting hello@nextgenplay.co.uk.

Your privacy

We only use any personal data we collect through your use of the Services in the ways set out in our privacy policy unless you are using a specific service to which a different privacy policy applies, as set out below.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Additional terms for specific Services

In addition, the Services set out below will be governed by the following terms of use and privacy policies:

Apple App Store's terms also apply

Unless you have downloaded the App from our website (as an APK file), the ways in which you can use the App and Services may also be controlled by the Apple App Store's rules and policies https://www.apple.com/legal/internet-services/terms/site.html and https://www.apple.com/uk/legal/privacy/en-ww/ and Apple App Store's rules and policies will apply instead of these terms where there are differences between the two.

Operating system requirements

The App requires either an Apple Mobile phone or an Android Mobile phone with a minimum of 50MB of storage space. For IOS the app requires an operating system version of 15.0 or higher. For Android the app requires an operating system version of 12.0 or higher.

Support and how to tell us about problems

Support. If you want to learn more about the App or the Services or have any problems using them, please contact us

Maintenance. We are solely responsible for the App and the Services, including providing any maintenance and support for the App. In no event will the Apple App Store have any obligation to provide any such maintenance or support services even if you downloaded the App from the Apple App Store.

Availability. We don't guarantee that the Services will always be available or will be updated. You understand that we may discontinue the Services or make changes to the Services at any time for any reason or no reason without notice or liability to you. If we plan to discontinue the Services (or any part of the Services), we will endeavour to notify you reasonably in advance of the date on which such discontinuance takes effect.

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at hello@nextgenplay.co.uk or call them on 01273714962.

How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

How you may use the App

In return for your agreeing to comply with these terms you may download a copy of the App onto one mobile telephone only and view, use and display the App and the Services on such phone for your personal purposes only.

In addition, if you have downloaded the App via Apple’s AppStore you may share the App and the Services in accordance with the rules set out in https://www.apple.com/uk/family-sharing/.

You must be at least 17 to accept these terms and use the app

You must be 17 or over to accept these terms and use the App and the Services.

You may not transfer the App to someone else

We are giving you personally the right to use the App and the Services as set out above in the how you may use the App section. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or the Services to someone else, whether for money, for anything else or for free. If you sell, transfer or give any phone away on which the App is installed, you must remove the App from it.

Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you at least 30 days’ notice of any change by sending you an email or a SMS with details of the change or notifying you of a change when you next start the App.

If you do not accept the notified changes you may continue to use the App and the Services in accordance with the existing terms but certain new features may not be available to you.

Update to the App and changes to the Services

From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

If someone else owns the phone you are using

If you download the App onto any phone not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone.

We may collect technical data about your phone

By using the App or the Services, you agree to us collecting and using technical information about the phone you use the App and access the Services on and related software, hardware and peripherals to improve our products and to provide any Services to you.

We may collect location data

The Services require the location data functionality on your phone to be on in order to function properly. You can turn off this functionality at any time by turning off the location services settings for the App on your phone. If you leave the functionality on, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.

We are not responsible for other websites you link to

The App or Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Licence restrictions

You agree that you will:

• except in the course of permitted sharing (see how you may use the app) not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;

• only use the App and the Services for your own personal non-commercial purposes in accordance with these terms and, if you have downloaded the App from Apple’s AppStore, the Apple App Store’s terms;

• not use the App and the Services outside the United Kingdom;

• not copy, distribute, transfer or (except as expressly set out in these terms or as permitted by the App’s functionality) communicate to the public the App or any content within the App or interfere with the normal operation of the App;

• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on your phone as permitted in these terms;

• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things;

• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or Services.

Acceptable use restrictions

You:

• must not use the App or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms and, if you have downloaded the App from Apple’s AppStore, the Apple App Store’s terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, Services or any operating system;

• must not infringe our intellectual property rights or those of any third party in relation to your use of the App or Services;

• must not transmit or submit any material that is unlawful, defamatory, offensive, obscene, threatening, harassing, abusive, violent, hateful, racist or otherwise objectionable or inappropriate in relation to your use of the App or Services;

• represent and warrant that your Content is accurate, does not breach any applicable laws or rights of others, that you have the appropriate permissions or rights from any third parties whose information or intellectual property is included in Your Content and that Your Content is free of malware, viruses, adware, spyware or any malicious code;

• must not use the App or Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Account holders; and

• must not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running Services.

In-App Purchases and rewards

Tournaments, NGems and Vouchers

Within the App and the Services you may enter into tournaments and competitions (Tournament) during which you play skill-based games against other Account holders. The winner of each Tournament will be determined by their skill in relation to other Account holders competing in the same Tournament. In the event of a dispute regarding the outcome of a Tournament the decision of NextGen is final and no correspondence or discussion will be entered into. In the event NextGen determines that NGems have been mistakenly credited to your Account, you agree that NextGen may deduct such NGems from your Account upon discovery of such error.

The Services may offer the ability to purchase (In-App Purchases) and/or earn virtual rewards (NGems) which may be used as a stake in Tournaments and/or exchanged for vouchers from us (Vouchers). Vouchers may be used to purchase and access items or services in accordance with the terms and conditions of the relevant Voucher provider. We grant you a limited, non-transferable, non-sublicensable, revocable license to use NGems exclusively within the App and the Services in accordance with these terms. You may also earn Scutis.

You do not acquire any ownership rights in or to NGems and any balance of NGems does not reflect any stored value. You agree that NGems have no monetary value and do not constitute actual currency or property of any type. You agree to only obtain NGems from us through means provided by us and you will never wager, trade, sell, transfer, or exchange NGems for “real” money, “real” goods, or “real” services or any other thing of value from us or anyone else save for Vouchers exchanged for NGems through the Services in accordance with these Terms. All NGems may be consumed or lost by you in the course of using and accessing the Services.

You have certain rights to withdraw from online purchases. However, please note that once you download NGems from us, your right of withdrawal ends. You agree that (a) purchase of NGems involves immediate download of such content; and (b) you lose your right of withdrawal once your purchase is complete. You agree that these invoices may be electronic in format.

In-App Purchases

In-App Purchases can only be consumed within the Services. If you make an In-App Purchase, that In-App Purchase cannot be cancelled after you have initiated its download. In-App Purchases cannot be redeemed for cash or other consideration or otherwise transferred. If you downloaded the App from the Apple AppStore and make any In-App Purchases, then the Apple App Store’s terms applicable to In-App Purchases will also apply.

If any In-App Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement In-App Purchase or issue you with a patch to repair the fault. In no event will we charge you anything further to replace or repair the In-App Purchase. In the unlikely event that we are unable to replace or repair the relevant In-App Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will refund you an amount up to the cost of the relevant In-App Purchase or, in the case of Apps downloaded from the Apple AppStore, authorise the Apple App Store to refund you. Alternatively, if you downloaded the App from the Apple AppStore, you may wish to request a refund, you may do so by contacting the Apple App Store directly.

Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. We may revise the pricing for the services offered through the Service at any time. You acknowledge that we are not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary.

No Gambling

No gambling is allowed within the App or the Services. The Tournaments enabled through the Services are skill-based games, meaning the outcome of all Tournaments are based predominantly upon the skill of the Tournament participants, not chance.

Intellectual property rights

All intellectual property rights in the App and the Services throughout the world belong to us and/or our licensors and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.

Interacting with our community

You may interact with other Account holders by submitting, uploading, publishing, transmitting, or otherwise making available to us [materials, data, information, communications, pictures and sounds] using the Services (Your Content). Your Content remains your property. However, in consideration of us allowing you to use the Services you grant to us an irrevocable, perpetual, transferable, sublicensable, fully paid-up, royalty-free, worldwide right and license to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, Your Content as well as all modified and derivative works thereof in connection with the Services, including marketing and promotion of the Services, without notice to or consent from you, and without compensation to you or any other person or entity. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in Your Content, regardless of whether Your Content is altered or changed in any manner.

We may, at our sole discretion, (but we are not required to) review, monitor, reject, deny, or remove Your Content at any time and for any reason, without notice to you.

You are responsible for your interactions with other Account holders. If you have a problem with another Account holder we are not required to get involved, but we can if we wish. If you have a dispute with another Account holder, you release us and our officers, directors, agents, subsidiaries, joint ventures, and employees from responsibility, claims, demands and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. You indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with your failure to comply with any provision of these Terms and your use (or misuse) of the Services and the App.

Third party advertising

Our Services may feature advertisements and promotions from us or other companies. Clicking on any such advertising may take you out of the Services to other sites which are not under our control. Third parties whose products and/or services are being advertised or promoted in the Services are responsible for the products and/or services they are promoting as well as for the content of the advertisements and promotions for those products and/or services. When you use other companies’ services like these, the other company’s service may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices or privacy policies, or for how they collect, use or share the information they get from you. We make no representation or promises about any content, goods or services these other companies provide, even if linked to or from the Services. We are not liable for any claim relating to any content, goods and/or services of third parties.

No Warranties

Without limiting our liability under our responsibility for loss or damage suffered by you the App and Services are provided “as is” and “as available” save for in relation to any in-app purchases made by you via the App, and all warranties whether express or implied, including but not limited to warranties of satisfactory quality and fitness for purpose are hereby excluded. Whilst we will exercise reasonable care and skill to ensure that the App and its content are virus free, we cannot guarantee this. Accordingly, we urge you to take your own precautions in this regard (such as using anti-virus software). We accept no responsibility for any damage caused to your phone by the App unless such damage was caused by an in-app purchase made by you via the App.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a phone or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.

We may end your rights to use the App and the Services

We may end your rights to access and use the App and the Services, in our sole discretion, at any time without notice to you, if:

1. you have broken these terms or any other terms that apply to your use of the Services; or

2. we suspect misuse by you of the Services; or

3. we suspect any unlawful activity associated with your Account or use of the Services; or

4. your Account has been inactive for a period of time.

If we end your rights to use the App and the Services:

• You must stop all activities authorised by these terms, including your use of the App and the Services.

• You must delete or remove the App from all phones in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

• We may remotely access your phone(s) and remove the App from them and cease providing you with access to the Services.

You may terminate your Account and your use of the Services at any time by contacting us. Upon termination of any Services or your Account, the following provisions of these terms will survive: Licence Restrictions, Intellectual Property Rights, Interactive Services, We may end your rights to use the App and the Services, No Warranties, Our responsibility for loss or damage suffered by you, If a court finds part of this contract illegal, the rest will continue in force, Even if we delay in enforcing these terms we can still enforce them later, No rights for third parties, Which laws apply to this contract and where you may bring legal proceedings and Alternative dispute resolution

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing these terms we can still enforce them later

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

You have several options for resolving disputes with us

Our complaints policy. Our Customer Service Team will do their best to resolve any problems you have with us or our products as per our Complaints policy.

Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you're not satisfied with the outcome you can still go to court.

You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Any matters arising between you and the Apple App Store shall be as set out in the Apple App Store’s terms and conditions.

Contact information

NextGen Play Limited

Company number: 14051889

Registered office: 27 Palmeria Mansions, Ground Floor Office Front, Church Road, Hove,

East Sussex, United Kingdom, BN3 2FA

Email: hello@nextgenplay.co.uk

Web: https://www.nextgenplay.co.uk/

Phone: 01273714962