User Agreement
1 – Site editor
The editor of the following sites :« wataro.com », « www.wataro.fr », « www.wataro.nl », « www.wataro.pl », « www.wataro.lu» et « www.wataro.be.» is the company hereinafter :
World of Gaming S.A.
44 Rue des Palais (box 63)
1030 Brussels
Belgium
VAT BE818.347.527
RPM BRUXELLES
Hereinafter « World of Gaming » or « WOG ».
2 - Services offered
2.1. WORLD OF GAMING is a company that publishes the websites hereinafter called "the Sites" or "WATARO", which operates online multi-player games with or without entry fees.
2.2. WOG offers on its Sites, logic-based games or skill-based games that allow multiple players to play against each other to win the total amount of entry fees played for.
3- General
3.1. Access to and use of WATARO is subject to the terms of this user Agreement, (hereinafter “the Terms"). By accessing and using WATARO, the « Free Player » (hereinafter the "Free Player") agrees automatically, unconditionally and irrevocably to be bound by these Terms, to the exclusion of all others.
3.2. WOG reserves the right to modify and update these Terms, the access to the sites and their content at any time and without prior notice. In case of a substantial modification of these Terms, WATARO’s « Cash Players », as defined in Article 4.2, will be notified by e-mail.
3.3. The fact that WOG does not rely at a given time on a provision of these Terms, will not constitute a waiver of that particular provision for the future.
4 - Registration and participation in games
4.1. The access to the WATARO sites is reserved to people over 18. It is forbidden to register repeatedly to WATARO as a « Free Player ». « Free Players» can hold only one account. A « Free Player’s » account cannot be transferred to third parties or used by a third person.
4.2. There are two types of players that can register and play on the WATARO sites : the « Free Player » ( hereinafter the « Free Player » or the « Free Player ») and the « Cash Player » (hereinafter the « Cash Player » or « Cash Player »)
a) The Free Player
A Free Player is anyone visiting one of the WATARO Sites for the first time. Free Players wishing to participate in a game must first register to WATARO by providing a valid e-mail address, a username and a password. A Free Player has the opportunity to try the games available on WATARO for free. A Free Player receives 2.000 credits which gives him/her access to a minimum of 20 games. To participate in a free game, the player must choose to either join an existing free game or to create a new free game in which he will enter for at least 100 credits. The winner of that free game will win the credits put at stake. If a player has no more free credits, he has the possibility to win more, more particularly by inviting his friends to join WATARO through the « Invite Friends » tools and links that can be found on the Sites for this purpose.
If the Free Player decides to participate in a game with entry fees, he must register in accordance with paragraph b) of this section, as a Cash Player and will thus become a "Cash Player”.
b) The Cash Player
To participate in a game with a stake, players must register as “Cash Player” by completing an online registration form including his name, address, date of birth, email address ,payment references, etc… In case of a change of password, email address or changes bank references WOG will send an e-mail confirmation directly to the address provided by the Cash Player. In addition, if the encoding of the password contains an error, the free/Cash Player will have to introduce a visual cryptogram.
The Cash Player can participate in all games offered by WOG and play for entry fees during the gaming sessions in which he takes part. To do so, each player has an account on WATARO (see 8 - Account Management).
To participate in a game, -players must first choose a game session, according to Article 4.3. Within a single game session, all the Cash Players play for the same amount.
The Cash Player will still be able to participate in free game sessions if he desires to practice.
4.3. A game session takes place as follows:
a) Creating a new session:
The Cash Player creates his/her own session by defining the following parameters:
- The number of opponents;
- The amount of money put into play;
- The possibility to play against players of equal rank or higher rank than his (cf. section 6.4).
b) Joining an existing session:
The Cash Player verifies the parameters of the currently offered game sessions. After selecting a session, he/she joins the other players.
c) Joining an existing session by quick-picking the session:
The Cash Player chooses the maximum entry fee he wants to play for and, optionally, the maximum number of opponents of the game. WATARO automatically selects a session corresponding to the experience level of the player and invites him to join the session.
Once the selection of a session is completed, the game begins as follows;
- In synchronized games (cf. art. 6.2), the Cash Player waits for other players to join the session before he starts to play.
- In asynchronized games (cf. art. 6.2), the Cash Player begins the game directly without waiting for other players. The scores and the winner of the game will be communicated only when all players of this game session have finished playing.
5 - Entry fees and Earnings
5.1. To participate in a game, except for training sessions, the Cash Player must select an entry fee at the start of a game session. In accordance with Article 8.2. of these Terms, WOG manages gains and losses on the Cash Player’s account, to which purpose he is mandated by the Cash Player. The Cash Player thus authorizes WOG to withdraw the stakes for each game from his account and to credit his account with the earnings won during games. If the Cash Player's account is not solvent, the Cash Player can not participate in games.
WOG reserves the right to limit the amount of individual or collective entry fees per game session and/or per day or month.
5.2. At the end of a session, all Cash Players are informed of the other Cash Players’ results. There is one winner per game session, who earns 75% of all entry fees. The remaining 25% returns to WOG. The losers lose their entry fee and obtain no additional gain.
5.3. If a game session is interrupted before its end by a Free or Cash Player or due to a technical problem, gains and losses are established, if possible, on the basis of the last state of the points and gains posted by WATARO during the session. The recording of the technical report of the game will be considered as evidence.
5.4 If a game session is interrupted before its end due to a technical error on the part of WATARO, WATARO will re-credit the account of the players with the entry fees that they were playing for. The recording of the technical report of the game will be considered as evidence.
5.5. For monthly earnings over € 1,000 (one thousand euro) WATARO reserves the right to pay the earnings in person to the Cash Player or to invite the Cash Player in its offices or a place of its choice to come and collect the money.
6 – Game Types and Experience Levels
6.1. Each game offered by WATARO has its own rules that are available online. The Player declares having read and accepted them before he starts to play (see Game Rules – « Rules » section of the site WATARO)
6.2. WATARO offers two game types:
a) Synchronized games
Cash or Free Players play against each other simultaneously in a single session. The winner of the session is the player who can beat his opponents at the end of the session.
b) Asynchronized Games
Free or Cash Players play separately in the same game session. The winner will be determined by comparing the number of points earned by each player individually after the session. In other words, the winner will be determined once all players have completed their game.
During asynchronized games, WOG ensures that all separate players will play at the same level of difficulty and be subject to the same parameters.
6.3. Overall experience level of each Cash Player on WATARO
Cash Players start at level 1, corresponding to the "standard experience level". By participating in game sessions, they acquire or lose a certain experience level, depending on the points won or lost. Depending on their experience level, players can enter games with increasingly higher entry fees. Points won are worth three times as much as points lost: Cash Players gain 3 points per session won and lose 1 point per session lost. Cash Players have an overall experience level for all games on WATARO.
There are 50 experience levels, determined as follows:
- The level of complexity:
- Levels 1-10: 10 extra points are needed to reach the higher levels;
- Levels 11-20: 20 extra points;
- Levels 21-30: 30 extra points;
- Levels 30-40: 40 extra points;
- Levels 40-50: 50 extra points.
- The number of games won:
- Level 2: the Cash Players has won 4 sessions;
- Level 3: the Cash Players has won 7 sessions;
- Level 4: the Cash Player has won 10 sessions;
- Level 5: the Cash Player has won 14 sessions;
- Level 10: the Cash Player has won 34 sessions;
- Level 15: the Cash Player has won 67 sessions;
- Level 20: the Cash Player has won 104 sessions;
- Level 30: the Cash Player has won 207 sessions;
- Level 40: the Cash Player has won 344 sessions;
- Level 50: the Cash Player has won 502 sessions.
Each level allows has different maximum entry fees, as follows:
- Level 2: max. 2 eur. ;
- Level 3: max. 5 eur. ;
- Level 5: max. 10 eur.;
- Level 15: unlimited entry fees.
6.4. Specific rank for each game
The rank determines the group of players that Cash Players will be competing with by default.
WOG gives Cash Players different ranks according to previous results they obtained during each game session available on the WATARO websites. There are as many ranks as there are games available.
The Cash Player accepts that this classification is purely mechanical and is not subject to human evaluation. He therefore acknowledges and accepts that the rank he may be given and those that may be given to his opponents may not be consistent with the effective rank. However, the Cash Player accepts that these rankings may not be discussed in any way, or be subjected to law suits.
7 – Game rules and Modifications of the Game rules
7.1 WOG reserves the right to change these Terms or the services offered on its Sites at any given time unilaterally. The changes will be binding to the players as of the start of their next session following the posting of the updated User Agreement on the Sites.
The Cash Player will be informed upon login to WATARO or by any other means, including electronically, of any substantial changes in the rules and will be invited to review and approve the new Terms. If a Cash Player does not approve the new Terms, he will have to notify his refusal to WATARO by e-mail. In this case his account will be closed immediately without giving rise to any right of indemnity. The Cash Player will be able to recover amounts from his account after the payment of a regular withdrawal fee on WATARO (max 10 eur).
7.2. It is strictly forbidden to modify or attempt to alter, by any means whatsoever, the working or the course of the games. It is particularly forbidden to alter the results, impartiality or any element determining the outcome of a session. It is also forbidden to interfere or attempt to disrupt the running and accessibility of the Sites by any means whatsoever. Players agree not to take any action and not to communicate between themselves any information that would affect the equality between the players.
8 - Account Management
8.1. Each Cash Player has a cash account on WATARO which is provided to him/her upon registration. This account can be credited at any time, with a minimum amount of 10 euro through generally accepted payment systems (VISA, MasterCard, PayPal, bank transfer, requiring a period of 2 days for receipt of amounts in the account - , iDeal or Bancontact, where applicable). The sums paid to this account can be used only to participate in the WATARO games and, if applicable, for the settlement of management fees.
8.2. WOG manages gains and losses on the Cash Player’s account, to which purpose he is mandated by the Cash Player. During each game session, the Cash Player’s account is debited or credited by WOG of the amount lost or gained by the Cash Player. When the amount in the account reaches zero, Cash Players will have to credit their account before getting access to a new session. Players can make a withdrawal from their account under the conditions below.
8.3. Cash Players always have a right to access their account in order to check the status of their transactions.
8.4. Cash Players can withdraw money from their account up to 4 times a month. Withdrawals can only be made by bank transfer. The amounts will be paid by WOG on the national bank account that the Cash Player provided upon registration or during the transfer request. WOG does not systematically verify the identity of the account holder. Payments will be made no earlier than 10 days after the withdrawal request by the Cash Player. the minimum amount for a withdrawal is of 10€ at the exception of withdrawal for account closures.
8.5. WOG is authorized to conduct investigations for security reasons before making a payment. In such event, WOG may demand that the Cash Player provide a written withdrawal request with his bank details and a copy of his identity card before transferring the balance of the Player’s account.
8.6. In order to optimize the security of transfers between a player’s WATARO account and bank account , WOG agrees to take the following actions when the players change their personal data:
1. Any change in a Cash Player’s bank account number when receiving a transfer of money from his WATARO account will result in:
a. Sending an e-mail confirmation to the e-mail address provided by the Cash Player;
b. Sending a message in 'My WATARO', which cannot be deleted during a period of 30 days;
c. The inability to request a money transfer during a period of 15 days.
2. The change of the e-mail address that the user provided (taking into account the fact that such a change can only be made once every 15 days) will result in:
a. Sending an e-mail confirmation to both the old and the new e-mail addresses ;
b. Sending a message in 'My WATARO' which cannot be deleted during a period of 30 days;
c. The impossibility to change the bank account information during a period of 15 days.
3. Changing the password to access the WATARO account will result in:
a. Sending an e-mail confirmation to the email address provided by the user
b. Sending a message in 'My WATARO' which cannot be deleted during a period of 30 days;
8.7. WOG reserves the right to terminate the account of a Cash Player without justification and to its discretion, after 6 months of inactivity on the account. The termination of a WATARO account entails an administrative cost (max . 10 eur).
8.8. WOG reserves the right to charge a transaction fee of 2 € for each bank transaction.
This money will be used to maximize the security of money transfers between a player’s WATARO account and his bank account. These fees do not cover any bank charges that banks might charge , e.g. the costs for international transfers.
8.9. WOG reserves the right to charge the costs associated with depositing money to a WATARO account to the Cash Players.
8.10. Certain service providers are capable of limiting the amounts wired to the account of Wataro.
Article 9 – Privacy Protection
9.1. To participate in the games and contests on the WATARO sites, Free and Cash Players provide WOG with personal data. These data will be processed in accordance with the Belgian law of December 8, 1992 on the protection of personal data. The controller of these data is the nv World of Gaming, whose registered offices are located at 44 rue des Palais (box 63), 1030 Brussels, Belgium.
9.2. The collected data is processed for the following purposes:
- The management of the Free and Cash Players’ activities (including the players’ rankings by level and the management of their gains and losses, etc.).
- The management of the WATARO Sites, the gathering of information and the optimization of the quality of WATARO’s services or similar…
- To inform Free and Cash Players about new services offered by WOG and direct marketing actions and this only if the Free or Cash Players have given their prior consent for this specific type of communication by checking the box provided for that purpose during registration.
9.4. Under the Act of December 8, 1992 on the protection of privacy in the processing of personal data, Free and Cash Players have a right to access and correct their personal data. To this end, Free and Cash Players can edit these data directly on the website under the 'Privacy' section of 'My WATARO'.
10 – Personal access code
10.1. Only players having a confidential and personal access code are entitled to participate in the games. Free and Cash Players are responsible for the use they make of WATARO. In this regard, Free Players and Cash Players must ensure that no other person than themselves gains access to the site using their personal access code. Players that notice that another person accesses WATARO with their personal code, shall immediately inform WATARO by e-mail at: cs@wataro.com.
10.2. Free Players and Cash Players are entirely and solely responsible for all activity performed with their access code. WOG is not responsible for any loss or damage that the players might suffer as a result of any unauthorized use of their access code by a third person, even if they had no knowledge of such use.
10.3. WOG reserves the right to refuse access to WATARO to any free or Cash Players who does not comply with these Terms and to charge the player a fee for the closing of his account (of max. 10 euro).
10.4. all Players agree that the recordings of the activities on WATARO’s sites, including the access codes assigned to the registered players, can be used to resolve any disputes that might arise.
11 - Intellectual Property
11.1. WATARO’s Sites and all rights related to these Sites are the exclusive property of WOG or its partners. all creative elements on these Sites are protected by intellectual property rights, particularly by copyright. All trademarks, logos, graphics, photographs, animations, videos, texts and other distinctive signs appearing on the Sites are the intellectual property of WOG or its partners. Therefore, they may not be reproduced, used or represented without the prior written authorization of WOG, under penalty of prosecution. Any unauthorized reproduction of these elements constitutes an infringement subject to criminal penalties
11.2. The display of a hyperlink to the homepage of the Sites, excluding any other address, is allowed as long as the link does not prejudice WOG and unless otherwise specified by WOG. However, any link to an inside page of the Sites is prohibited unless express consent of WOG.
12 - Unsubscription
12.1. The Free or Cash Player can unsubscribe from WATARO at any time in accordance with this section. Amounts in a cash Player’s account must be retrieved by the Cash Player himself.
12.2. WOG reserves the right to cancel the account of a Free or Cash Player at any time after a two weeks period notified by email. WOG retains the right to immediately terminate (even during a session) an account in case of a breach or suspected breach of these Terms, including cases of fraud in a game. In this case, WOG has the right to use any amount on the account of the banned Cash Player in order to cover any administrative costs and any damages that may be claimed from him.
13 - Liability
13.1. The information available on the Sites is regularly updated and verified. However, WOG can not be held responsible for the direct or indirect abuse of content that would be made by Free Players or Cash Players in contradiction to these Terms. WOG disclaims all liability in this regard and gives no warranty as to the services available on the Sites.
13.2. Similarly, WOG cannot guarantee the continued availability of all features of the Sites without error or interruption, or the immediate repair of errors, or the total absence of viruses or other harmful components on the Sites and the infrastructure by which the Site are provided. Temporary restrictions may occur because of technical problems such as the disruption of telecommunications, programming errors or hardware problems, etc… WOG can not be held responsible for any loss or damage (direct, indirect, tangible or intangible) suffered as a result of these temporary restrictions, or in connection with the use of the Sites or inability to use the Sites. Furthermore, Free Players and Cash Players are responsible for updating their hardware and their software and their Internet access.
13.3. WOG reserves the right to terminate or suspend one or more of the games offered on the Sites at any time and without notice, without justification. In this case, the responsibility of WOG cannot be engaged in any manner and Cash Players can not claim any compensation whatsoever.
13.4 The Sites may contain hyperlinks to sites outside WOG. WOG cannot be held responsible for the content of these sites or the consequences of accessing or using such sites.
13.5 WOG is not liable for the bankruptcy of the bank(s) in which it has accounts used for the operation of its Sites. In such a case, WOG will not provide any compensation of any kind.
14 – Invalidity of a clause
Any nullity, lapse or unenforceability of all or part of one of the foregoing provisions will not invalidate the whole of these Terms. The part of these Terms fully or partially invalid, void or unenforceable shall be considered unwritten. WOG undertakes to substitute to the provision another one that will achieve, if possible, the same purpose.
15 - Applicable Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with Belgian law. Any dispute arising out of or relating to this Agreement, the Sites or the services offered by WOG will be subject to the exclusive jurisdiction on the Belgian Courts.
Written in December 2009