Terms and Conditions
Scratch Day Terms and Conditions
We are a mobile application developer and publisher called Viker Limited, a company incorporated under English law (company number: 06290437) whose registered office is at Viker, 200 Union Street, London, United Kingdom, SE1 0LX (hereafter “Viker”). See our website at www.viker.co.uk for further information about us.
Please kindly read these terms of service (“Terms”) carefully because they apply to your participation in our “Scratch Day” mobile application (the “App”) which Viker currently offers for download via Google Play.
If you would like to discuss these Terms or the App, please contact us using the following details: email@example.com or write to us at the address stated above.
Please note that the App is not sponsored, endorsed or affiliated to any Platform Provider (as defined below) in any way.
CHANGES TO THESE TERMS: Viker may change these Terms and whilst we will tell you about what we feel are key changes to them, please check them regularly to keep up-to-date.
1) AGE RESTRICTIONS
A. You must be 17 years or older to download and use the App. If we discover that you have gained access to the App and are younger than 17 we may terminate your access and use of the App immediately.
2) ACCEPTANCE OF THESE TERMS
A. These Terms together with our PP set out how you may participate in the App. The PP is an essential part of these Terms as Viker’s ability to use the personal data you consent to us sharing with our third-party advertisers makes the App commercially viable and by accepting these Terms you also accept our PP.
B. By downloading the App you agree that you have read and agree to these Terms (including our PP) and that these Terms (including our PP) form a legally binding contract between you and us.
C. The platform you use to download and use the App (for example, Google Play) (a “Platform Provider”), will have terms and conditions in place (the “Platform Terms”) to which your download and use will be subject. If there is any conflict between these Terms and the Platform Terms, the Platform Terms shall prevail.
3) ACCESS TO AND USE OF THE APP
A. Download: To download the App through your Platform Provider you must have an account with that Platform Provider. You must always be using the latest version of the App. Please refer to the Platform Provider’s store to ensure that you are always up-to-date.
B. Download Charges: There is currently no charge to download and/or play the App. However, whilst our current business model is very much to offer the App as ‘free to play’ and generate revenue through advertising, we may decide to commence charging at any time.
C. Log-in via Facebook and Security: You must have an active Facebook account and be logged in via Facebook to be able to play the App and claim a Prize, Reward and/or Cash (all as defined below). You cannot play the App without being logged in via Facebook. When you first download the App and access it for the first time you will be prompted to log-in via Facebook, using your current Facebook user name and password. You are responsible for keeping your Facebook access details, as well as any Platform Provider account details, secure and for the security of any device you use to access the App. If you become aware of any unauthorised access to the App or any suspected breach of security you should notify us immediately. Viker may take steps to verify the accuracy of information that you provide us, including (if parent/guardian approval is required under 1(B) above) sending an e-mail to that parent/guardian to confirm they agree to you downloading and playing the App.
D. Personal data obtained via Facebook: As a result of logging-in via Facebook, Viker will collect certain personal information about you – namely your name and e-mail address. Further information on this can be found in our PP.
E. Personal data obtained to serve adverts: The App is, as you may have already worked out, funded by advertising. When you first open the App you will be asked if you consent to your personal data being used for targeted advertising purposes or not. If you choose not to consent you will still see adverts but these will not be personalised to you. Further details on this are available in our PP.
F. Playing the App: The App allows you to view and access a variety of scratchcards which offer the following rewards if you match 3 winning symbols on the instant win scratchcard or its associated bonus card: (a) real money (“Cash”); or (b) tokens which, if accumulated to a certain level, allow you to cashout. It is completely free to use your device and applicable Platform Provider account to download the App and play each scratchcard on offer, but, as noted above, to play the App and claim a Prize, Cash and/or Reward you must have an account created via Facebook log-in. Winning scratchcards are only issued to you once. Viker recommends that you take a screenshot of your winning card as evidence of your Prize, Cash and/or Reward win. If there are any technical difficulties or doubts regarding the validity of your claim to any Prize, Cash and/or Reward win, Viker has the right to void a winning scratchcard. The Cash and Tokens that you accumulate are reset to zero (so lost) if you don’t log-in to the App at any time for a continuous 90 day period. Please bear this in mind if you intend to take a break from our App.
H. Claiming Cashouts: Once you have accumulated at least £10/€10/$10 in Cash, you can post a request via the App for funds to be paid to you via PayPal under the Menu options (“Cashout”). You must have an active PayPal account and provide your PayPal details in order to obtain any Cashout. It is your responsibility to submit such PayPal details accurately and to keep such details secure. Viker does not take any responsibility or accept any liability for losses suffered by you as a result of failing to comply with the foregoing provision. Any requests to Cashout for sums of less than £10 will be refused. Once your request has been submitted, you will be asked to confirm the e-mail address that is linked to your PayPal account. Once you have confirmed this e-mail address, Viker aims to deposit the Cashout in your PayPal account within 3-7 days of such confirmation. Payments are made Monday - Friday only.
I. Claiming Rewards: Once you have accumulated the required amount of tokens for the applicable Reward, you can post a request via the App for that Reward under the Menu options. As part of this request you will confirm which e-mail address you would like your Reward to be sent to and Viker will then send that Reward digitally via email. Viker is not responsible for you submitting any inaccurate e-mail address and/or the terms and conditions applicable to the use of such Reward and you must check the submitted e-mail carefully and consult the Reward provider’s terms and conditions for details on items such as eligibility and expiry dates.
J. Intellectual Property: Viker owns (or has a licence to use) all intellectual property in the App (including all copyright in the underlying software code and in the visual artwork and graphics and all trade mark rights in the App’s title and other trade marks, whether registered or unregistered, used elsewhere in the App). By using the App under licence you do not acquire any intellectual property in the App. Provided you continue to comply with these Terms, Viker hereby grants to you a non-exclusive, non-transferable, revocable licence to access and play in the App for your own personal and non-commercial entertainment purposes. If you breach any provision of these Terms then this licence will automatically and immediately terminate.
K. Commercial Use Forbidden: For the avoidance of doubt, any commercial use of the intellectual property in our App by you is strictly forbidden without our prior express written permission.
L. App Restrictions: Certain restrictions apply in relation to your right to access and play the App. These are as follows:
i. You may not use the App in any improper or unlawful manner or in breach of any legislation or licence that applies to you;
ii. You agree to comply with all reasonable instructions that we may give you regarding your use of the App;
iii. Any information that you provide to us is true and accurate and you will update such information when necessary;
iv. You are responsible for all costs associated with any device required to access and play the App including the cost of any internet access and any software required to access the App. It is your responsibility to ensure that you comply with all third party applicable terms. You are also responsible for ensuring that no person uses your device to access the App without your permission and that you are legally entitled to own the device that you are using to access and play the App. Viker relies on you having given permission to any other person who accesses the App using your device and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons;
v. You will not:
1. copy, licence, sell, trade, alter, create derivative works or otherwise deal with the App;
2. use the App for any illegal activities;
3. use any bot, robot, spider or other automatic crawling device (or any manual process) to monitor or copy the App and its content;
4. use the App to disseminate any information or materials that are obscene, violent, threatening, libellous, discriminatory or otherwise, in our opinion, offensive;
5. use the App to disseminate any information or materials that would disrupt, slow down, or cause any viruses, Trojan Horses, worms, bombs, corrupted files and/or other similar destructive device;
6. use the App to disseminate any information or materials that would infringe, or might infringe, any intellectual property, including Viker intellectual property.
A. Tokens: Some of the scratch cards may make tokens (“Tokens”) available to you which, once enough are accumulated, enables you to claim a Reward.
B. Token Terms: Viker’s in-app service enabling you to acquire and use Tokens is subject to the following terms:
i. subject to paragraph 4(b)(vi), Tokens are not redeemable and not refundable (i.e. ‘use them or lose them);
ii. any Token balance shown in-App or within your Platform Provider account or online App wallet, does not constitute a real-world balance or reflect any stored value that you can cash-out of the App for ‘real’ money, unless and until the threshold for a Reward is reached – it simply measures the extent of your limited licence to hold those Tokens until a Reward can be obtained;
iii. Tokens are personal to you and non-transferable i.e. only you can use them and you cannot gift, sell, license, redeem, assign, transfer or otherwise dispose of them to any other person;
iv. your right to use Tokens ends if the Platform Provider suspends or closes your account on other platforms pursuant to these Terms or the Platform Terms (as applicable) or if we close or suspend your account with us;
v. your right to use Tokens expires after 90 continuous days of App inactivity following the date on which you earned the Tokens unless we decide, in our sole discretion, to provide you with a refund or applicable law entitles you to a refund for any unused Tokens; and
vi. you may redeem your Tokens for a Reward in accordance with paragraph 3(i) above.
C. Errors and Mistakes: You acknowledge that full freedom from errors and incompleteness is impossible to achieve with respect to mobile application software and the operation of the App. If you become aware that the operation of the App contains any error, or is incomplete, please notify us by e-mail to firstname.lastname@example.org. You undertake to refrain from taking any advantage whatsoever, either knowingly or otherwise, of that error or incompleteness and we reserve the right to recover any such advantage that you do gain from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery.
5) IN-APP ADVERTS AND THIRD PARTY WEBSITES
A. Viker generates revenue by advertising goods and/or services of third parties within the App including by serving ads that you might see and respond to when using the App. For example, a suggestion of another mobile application you might want to use/play.
B. Certain links, including hypertext links, from the App may take you outside the App and even the platform it is played on. This includes when you respond to an ad suggesting another app to use or play as outlined in paragraph 5(a) above. This does not imply endorsement by Viker of the linked site, its operator or its content. You acknowledge that Viker does not control the content on such websites and Viker does not guarantee the accuracy, integrity or quality of such content. Such sites may be governed by their own terms and privacy and cookies policies which we recommend you read carefully. You access such sites at your own risk.
6) REPRESENTATIONS AND WARRANTIES IN RELATION TO THE APP AND SERVICES
A. VIKER WILL EXERCISE ALL REASONABLE SKILL AND CARE IN MAKING THE APP AVAILABLE TO YOU . HOWEVER, VIKER IS NOT ABLE TO GUARANTEE THE AVAILABILITY OF THE APP OR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT, MATERIALS OR INFORMATION IN THE APP (OR PROVIDED AS PART OF THE APP) THAT DERIVES FROM THIRD PARTIES (INCLUDING ANY OF OUR LICENSORS OR THIRD PARTY PARTNERS).
B. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE APP AND ALL MATERIALS AND INFORMATION PROVIDED THROUGH THE APP IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY GUARANTEE OF ANY KIND AND ANY CONDITIONS, STATEMENTS AND WARRANTIES (INCLUDING ANY WARRANTY OF RELIABILITY, COMPLETENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) ARE EXCLUDED TO THE FULLEST AMOUNT PERMISSIBLE BY LAW.
C. WITHOUT LIMITING THE FOREGOING, VIKER DOES NOT GUARANTEE AND DOES NOT PROMISE THAT THE APP AND ALL APP MATERIALS AND INFORMATION PROVIDED THROUGH IT WILL LIVE UP TO YOUR EXPECTATIONS.
7) LIMITATIONS OF LIABILITY
A. NOTHING IN THESE TERMS OF SERVICE SHALL OPERATE TO EXCLUDE OR RESTRICT OUR LIABILITY THAT WE CANNOT EXCLUDE OR LIMIT UNDER APPLICABLE LAW.
B. THE EXPRESS TERMS OF THESE TERMS ARE IN PLACE OF ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS WHICH, BUT FOR THESE TERMS, WOULD BE IMPLIED OR INCORPORATED BY ANY COLLATERAL AGREEMENT, STATUTE, COMMON LAW, CUSTOM, TRADE USAGE, COURSE OF DEALING OR OTHERWISE, ALL OF WHICH ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
C. SUBJECT TO PARAGRAPH 7(A), WE SHALL NOT BE LIABLE TO YOU FOR, FOR EXAMPLE:
I. ANY LOSSES ARISING OUT OF YOUR USE OF THE APP (INCLUDING ANY USE OF ANY PRIZE, CASHOUT AND/OR REWARD), ANY WEBSITES LINKED TO IT AND ANY USE OF THE APP OR CONTENT WITHIN IT ARISING AS A RESULT OF:
1. ANY TECHNICAL, FACTUAL, TEXTUAL OR TYPOGRAPHICAL INACCURACIES, ERRORS OR OMISSIONS (HUMAN OR COMPUTER-GENERATED) ON OR RELATING TO THE APP OR ANY INFORMATION PROVIDED IN RELATION TO THE APP;
2. THE UNAVAILABILITY OF THE APP (OR ANY PART OF IT);
3. LOSS OF CONTENT OR DATA (INCLUDING, FOR EXAMPLE, LOSS OF TOKENS AND/OR A WINNING SCRATCHCARD AND/OR LOSS OF TOKENS AND/OR CASH RESULTING FROM APP INACTIVITY OVER ANY CONTINUOUS 90 DAY PERIOD);
4. ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF LINKS TO WEBSITES AND RESOURCES PROVIDED BY THIRD PARTIES, THESE LINKS ARE PROVIDED FOR YOUR INFORMATION ONLY AND USED AT YOUR OWN RISK;
5. ANY LOSS INCURRED AS A RESULT OF ANY LEGAL CLAIM OR REGULATORY ACTION ARISING FROM YOUR ACTIVITIES WHEN USING THE APP WHICH INFRINGES THIRD PARTY INTELLECTUAL PROPERTY OR BREACHING APPLICABLE LAW;
6. ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR IDENTITY, LOG-IN DETAILS, PASSWORD OR ACCOUNT, WITH OR WITHOUT YOUR KNOWLEDGE, INCLUDING IF A DEVICE USED TO ACTIVATE YOUR ACCOUNT IS STOLEN;
7. ANY LOSS THAT YOU MAY SUFFER AS A RESULT OF ANY CHANGES TO PRIZES AND/OR REWARDS, OR ANY FAILURE BY OUR THIRD PARTY SUPPLIERS TO DISPATCH SUCH PRIZES AND/OR REWARDS;
8. ANY LOSS OR DAMAGE THAT MAY ARISE AS A RESULT OF ACTIONS BY OUR THIRD PARTY ADVERTISING PARTNERS;
II. LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT ANY DEVICE YOU USE TO USE THE APP;OR
III. ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHETHER FORESEEABLE, KNOWN, FORESEEN OR OTHERWISE AND HOWEVER ARISING AND CAUSED.
D. IN THE EVENT OF ANY LOSS OR DAMAGE TO CONTENT (INCLUDING DATA), YOUR SOLE REMEDY SHALL BE FOR US TO USE OUR REASONABLE ENDEAVOURS TO RESTORE THE LOST OR DAMAGED DATA OR CONTENT FROM THE LATEST BACK-UP MAINTAINED BY US.
E. NOTWITHSTANDING ANY OF THE FOREGOING PROVISIONS, OUR MAXIMUM AGGREGATE LIABILITY TO YOU IN RESPECT OF YOUR USE OF THE APP SHALL BE £50.
A. We may remove the App from any platform on which we make the App available or cease providing or change any of the App’s features (including scratchcards, Prizes and/or Rewards, as well as the thresholds for any Cashout or to redeem any Reward) at any time in our absolute discretion for any reason whatsoever. If we do so, the platform on which we make the App available should enable you to continue to play the version of the App you downloaded and to use, subject to these Terms, any Tokens you have acquired but have yet to use.
B. We may in our absolute discretion:
i. with immediate effect and for any reason, at any time, terminate or suspend your use of the App including if we suspect fraudulent activity or if we cease to offer the App for commercial or regulatory reasons;
ii. verify your information by requesting certain documents and refuse your requests to play the App if we believe there is reason to do so;
iii. take any steps (for example, technical or legal steps) to terminate or suspend your use of the App if we believe you have failed to comply with any of the provisions of these Terms; and
iv. if we decide to terminate, suspend or refuse to accept your account, we may share or publish your name and email address and notify third parties (including any Platform Provider).
If your use of the App is terminated because you have done something wrong (such as breach any of these Terms) then any unclaimed Prizes, Cashouts and/or Rewards will be lost. If your use of the App is terminated because of our own decision then (subject to any regulatory prohibitions and you providing evidence of the same) you will be able to claim any unclaimed Prizes, Cashouts and/or Rewards within 30 days of termination after which time they will be lost.
C. You may uninstall the App from your device at any time.If you do so, however, you will lose all accumulated Tokens, Prizes and/or Cash collected by you as of the date of such de-installation. If you want your data wiped at any time then you can e-mail us at email@example.com such request and we will action it accordingly.
A. Waiver: Any failure or delay by us to enforce any of our rights under these Terms will not be taken as or deemed to be us giving up such right.
B. Third Parties: These Terms are not intended to be for the benefit of, and will not be exercisable by, any person other than you and Viker except the Platform Provider who shall have the right to take action against you for any breach of these Terms.
C. Severability: If any part of these Terms are deemed to be illegal, invalid or unenforceable then that part shall to that extent be deemed not to form part of these Terms and the enforceability and validity of the remainder of these Terms shall not be affected.
D. Rights and obligations: We may assign our rights and/or transfer our obligations under this contract with you to any third party including the ability to sub-license and/or sub-contract our rights and obligations under these Terms to any third party.
E. Entire agreement: These Terms and PP set the full extent of our obligations and liabilities concerning the App and replace any previous agreements and understandings between us.
F. Governing law and jurisdiction: These Terms shall be governed by and construed in accordance with English law. Any disputes arising in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts.