TERMS OF SERVICE

TERMS AND CONDITIONS

These Terms are a legal agreement between you and Gamebasics B.V. (referred to as us/we/our in these Terms). The Terms set out how you may use the website https://www.gamebasics.nl/en/ (“Website”), other dedicated websites (such as https://en.onlinesoccermanager.com/Register), our apps or any games (including Online Soccer Manager and Football Head Coach 25), products, forums and services we offer through our apps or otherwise on any platform (all collectively referred to in these Terms as our “Services”). Please read these Terms carefully. 

These terms were last updated on the 17 January 2023

A. Gamebasics General Terms & Conditions

1. Who is Gamebasics?

Gamebasics B.V is a company registered in the Netherlands whose Chamber of Commerce registered number is 08124423. Our contact details are set out in “How can I contact you?” below.

2. Why should you read these Terms?

You should read these Terms because they contain our legal commitments to you and a number of DOs and DON’Ts which you need to be aware of when you use our Services. Please read these Terms carefully to make sure you understand them. By using our Services, you agree to accept and be legally bound by these Terms. If you do not agree with the Terms, you should not access or use our Services.

You should also read our Privacy Policy available at https://footballheadcoach.com/privacy-policy/. The Privacy Policy explains how we use your personal data. 

3. Can Gamebasics change these Terms?

We can update and change these Terms from time to time and the most current version of these Terms will be posted on the Website and relevant app and you may be invited to review and accept the revised Terms in order to continue using the Services. You can print and save a copy of these Terms for your future reference.

4. What do I need to do with my log-in details?

If you have dedicated log-in details (i.e. you register for our Services and are not logging in through a third-party service such as Facebook) you need to keep them safe! You are responsible for maintaining the confidentiality of your login details including any user name, email address and password and you are also responsible for all activities that are carried out under your account. We would also recommend that you regularly change your password, and do not use the same email and password combination for any other online service.

Fair gameplay is important to Gamebasics. You therefore agree not to share your user name and password with any other user or third-party, or knowingly carry out any activity which enables a third-party to access or use your account. If we believe, acting in our discretion, that your account is used by more than one person, we reserve the right to suspend or terminate or cease to support your account without liability.

We cannot check the identities of people using our Services and will not be liable if your login details are used by someone else. If you become aware of any unauthorised use of your login details, you should notify us immediately here though please note that we may need to verify your identity and validate ownership of the account.

5. How do I close my account?

If you wish to close your account(s) with any of our Services, please contact us here.

6. What am I not allowed to do when using the Services?

You agree to follow the following rules (“the Rules”):

a) You agree that you will not use our APIs, or otherwise scrape, collect or use data from our Website for any reason without our express prior written authorisation; and 

b) You agree that you will not post, distribute, or otherwise make available or transmit any data, text, message, graphic or computer file that we believe:

  • is a personal attack on other individuals;
  • engages in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing”;
  • bullies, stalks or otherwise harasses any other user of our Services;
  • contains any personal data;
  • is vulgar, obscene, degrading, objectifies people, encourages or promotes sexual acts in exchange for compensation, or sexually explicit (language or images);
  • is offensive, sexist, racist, hateful, incites hatred against individuals or groups based on certain characteristics such as age, disability, nationality, ethnic origin, gender identity or sexual orientation, or is discriminatory in any way (language or images);
  • depicts or facilitates gratuitous violence or dangerous activities including violent threats to a person or animal or encourages or promotes self-harm or behaviours that may cause injury or death; 
  • is related to or promotes terrorism or terrorist organisations, including the celebration of terrorist attacks or violence;
  • is related to or permits movements or organisations that commit, prepare for or claimed responsibility for violence against civilians;
  • capitalises on or is insensitive towards sensitive events such as those with significant social, cultural or political impact, or a natural disaster, public health or civil emergency;
  • facilitates the sale of firearms, explosive devices or munitions;
  • facilitates the sale of marijuana and related products such and products containing THC or CBD oils; 
  • facilitates the sale of tobacco in any form;
  • encourages the illegal, inappropriate or irresponsible use of alcohol; 
  • is a form of cheating, including without limitation the use or participation (directly or indirectly) in the use of cheats, exploits, bots, hacks, mods or any unauthorised third-party software designed to modify the Services;
  • encourages, advocates or facilitates illegal activity or the discussion of illegal activities with the intent to commit them;
  • infringes and/or violates any right of a third-party including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;
  • contains a virus or other harmful component, or otherwise tampers with, impairs or damages our Services or otherwise interferes with any person or entity’s use or enjoyment of the Services;
  • promotes and/or generates money for yourself and/or any third-party business activity;
  • impersonates any person or entity or misrepresents your identity or affiliation with any person or entity;
  • deletes any legal notices, disclaimers, or proprietary notices such as copyright or trademarks, or modify any logos that you do not own or have express permission to modify; or
  • does not generally pertain to the designated topic or theme of the Services.

We strictly do not allow the making of threats or the use of any abusive, vulgar, profane or hateful language towards Gamebasics’ members of staff. Where we believe you have violated these terms, in addition to any other rights and remedies we have, we may terminate your ticket(s) or ban you from the support environment. In some serious cases, where appropriate, we will also forward any such communications to relevant law enforcement bodies. Furthermore, if we detect any possible fraudulent or criminal activity on your account or in connection with your account, we will investigate such activity and may suspend or permanently disable your account. Where appropriate, we may also notify the relevant investigative and enforcement authorities.

You may be warned, temporarily banned or permanently banned if we think that you have not followed the Rules or if we believe in our sole discretion that you have behaved inappropriately whilst using our Services. If applicable, in such circumstances, Gamebasics is entitled to remove any Virtual Items (as defined in Section B below) from your account. You shall not be entitled to any refund or compensation for any removal of Virtual Items.

If you believe that another user is violating these Rules, please let us know here. However, we cannot and do not guarantee that other users are or will be complying with these Rules, and we will not be responsible for any other user’s lack of compliance. You and other users are responsible for your own actions.

We reserve the right to remove, or refuse to post, any material that we believe is in violation of these Rules and, if we deem appropriate, to turn this material over to law enforcement officials. We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using our Services in violation of the law.

7. Who owns the content made available through the Services?

All of the content and information contained in the Services (including the games) are owned or licensed by us and are protected by intellectual property rights. Examples include, but are not limited to: source and object code, trademarks, logos, graphics, photographs, videos, animations, copyrightable gameplay and texts. In particular, any names, title, logos and designs that contain Gamebasics, and/or our parent company Miniclip S.A., are exclusively owned by us.

You are not allowed to use the Services or any of the content or information they contain, or may contain, in any way unless expressly allowed under these Terms or expressly permitted by us. You may not reverse engineer, decompile, disassemble or modify any Services in any way.

As part of our Services, you may be able to create, upload, transmit, share or otherwise generate your own content, whether this be in-game text, artwork, video content or any other works (“User Content”). In submitting or transmitting your User Content, you must ensure that such User Content strictly complies with the Rules. Your User Content will be processed by us in accordance with our Privacy Policy. Whilst you shall retain ownership of your User Content, by your submission of your User Content in our Services, you grant Gamebasics a perpetual, non-revocable, worldwide, non-exclusive, royalty-free license to use, distribute, display, use derivative works of your User Content (including any modified versions therein) in connection with the Services, including in any promotional materials or marketing content which promote the Services. Unless prohibited by any applicable laws, you waive any moral rights you may have to your User Content.

Please note Gamebasics may at any time remove your User Content from the Services at its sole discretion without notice to you. Furthermore, Gamebasics may pass on your User Content to a third party where Gamebasics has reason to believe your User Content may breach a third party’s intellectual property rights or right to privacy, or otherwise where your User Content may infringe upon any applicable laws. You agree to compensate us for any losses we suffer as a direct result of any breach by you of any of the promises made by you in this section.

Social media channels

While Gamebasics does not object to players using their gameplay footage for non-commercial uses in good faith, Gamebasics fully reserves all of its intellectual property rights in all the materials and gameplay footage and to take down our materials and gameplay footage at any time. Please note that non-commercial uses include, but are not limited to, using Gamebasics’ materials and gameplay footage to promote a product for sale and players should not seek to publish advertisement or otherwise earn money, in any currency, on the back of Gamebasics’ materials and products. Players must ensure that they do not associate Gamebasics’ materials or brand with any offensive, harmful or illegal content as per Gamebasics’ discretion. Monetisation of videos on any social media channel through its advertisement platform is generally acceptable, however be advised that Gamebasics is entitled to change this policy at any time and any updates will be published in these Terms and Conditions.

8. What is Gamebasics not responsible for?

We do not guarantee that the Services will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors, cheats, hacks or omissions. For example, there may be times when the Services are unavailable due to maintenance or technical problems. We may also change, suspend or discontinue certain Services without giving you prior notice.

We will not be liable for third-party content that we host or display on the Website or Services such as third-party games or advertising.

We will not be liable for any loss, damage or upset that you suffer as a consequence of any Service becoming temporarily or permanently unavailable, or your experience being negatively impacted as a direct result of other players breaching the Rules.

We (and any third-party content provider, or their respective agent), are not responsible for the following types of loss or damage which may arise from your use of the Services:

  • temporary, intermittent or permanent connection loss;
  • damage to your computer system or loss of data (whether due to a virus or other malicious software or not), except where this is caused by us not using reasonable care and skill;
  • loss, damage or upset that you suffer as a consequence of the actions of another user;
  • loss or damage which is caused by us when it does not comply with the Terms but which we and you could not anticipate nor expect to happen when you started using the Services;
  • any loss which is indirect or a side effect of the main loss or damage and which we and you could not anticipate nor expect to happen when you started using the Services, for instance if you lose revenue or salary, profit, opportunity or reputation; and
  • any loss or damage if the Services are not provided to you or are interrupted or suspended or if we do not comply with the Terms because of events beyond our control, such as an act of God, accident, fire, lockout, strike or other official or unofficial labour dispute, civil commotion or other act or event beyond our reasonable control.

Nothing in the Terms excludes or limits our liability for death or personal injury caused by negligence, or for fraud.

All Services are provided on an ‘as is’ and ‘as available’ basis. We do not make any representation, guarantee or promise in respect of the Services, including, without limitation, any statements made by other users, third parties and/ or advertisers on or via the Services. We may change the Services at any time at our discretion. We may also make different features or promotions in our Services available to different users so your experience of using the Services may not be identical to other users.

We will take reasonable steps to ensure that our Services are free from viruses and other malicious software but we also recommend you use applicable anti-virus software as relevant.

9. Is Gamebasics responsible for third-party websites or content?

You may see links to third-party websites, advertising or content provided by third parties. These links are provided by third parties and not by us. We do not endorse any third-party website or content which is linked from our Services. Subject to applicable law or regulation, we are not responsible or liable for anything that happens to you or your data when you visit these third-party websites or use third-party content. If you visit any third-party website, please be aware that it may have its own terms of use, license agreement and privacy policy which you will need to be aware of.

10. What should I do if someone has made an unauthorised charge on my account?

Gamebasics is not liable for any charges made by third parties on your account that you have not authorised (this includes fraudulent purchases or purchases made by minors). If you wish to pursue a refund for such charges, you should contact your bank or the payment provider such as the relevant app store.

Gamebasics currently works with the following payment providers:

  • Apple;
  • Google;
  • Facebook;
  • Huawei;
  • Cafebazaar;
  • PayPal;
  • PayByMe;
  • Adyen;
  • Targetpay; and
  • Centili.

Any charges purported to be made by Gamebasics which are not made through the above payment providers are not genuine and you should notify your bank and the payment provider immediately.

11. Is Gamebasics responsible for third-party advertising?

You may see advertising content provided by third parties. We do not control the advertisements that are placed via our Services. Please report any advert that you find offensive or inappropriate here and we will investigate the matter.

If you click on any advert, you will be dealing with external companies responsible for that advert. We are not responsible or liable for anything that happens to you when you visit these third-party websites or use third-party content. If you visit any third-party website, please be aware that it may have its own terms of use, license agreement and privacy policy which you will need to be aware of.

12. What do I do if I think my work is available on any Services but I did not give permission to show it?

If you believe that your work is included in any Services and this is violating your intellectual property rights, please advise us immediately here and we will investigate the matter.

13. What happens if I am not happy with these Terms or the Services?

By using our Services, you agree to accept and be legally bound by these Terms. If you do not agree with the Terms, you should not access or use our Services. We will do our best to resolve any disputes over these Terms. If you wish to take court proceedings against us you must do so within the United Kingdom. 

If we are unable to resolve any disputes between us regarding the delivery of services you have the right to refer the dispute to the EU’s Online Dispute Resolution platform at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

14. Are there any other legal terms I need to be aware of?

The Services are made available for personal and not commercial use. We do permit promotional references to our Services (for example reviews via social media and in blogs) but we do reserve the right to ask you to remove such content or refrain from further action.

You cannot assign, sub-license or otherwise transfer any or all of your rights or obligations under these Terms to any other person.

If any part of these Terms is or becomes invalid, illegal or unenforceable, it shall be amended to the minimum extent necessary to make it valid, legal and enforceable. If that part cannot be amended, it will be deleted. The amendment or deletion of any part of these Terms shall not affect the validity and enforceability of the rest of the Terms.

If we do not enforce any right we have against you, this does not prevent us from enforcing this right at a later date. A person who is not a party to these Terms does not have any rights under them.

These Terms supersede and take precedence over any other purported terms between you and us.

These Terms and our relationship with you are governed by English law. 

15. How can I contact you?

For customer support queries, please use our Web Form available here.

16. Do I have to be of a certain age to use the Services?

The Services are not directed at children. For some Services you may need to register and should be at least 13 or over to do so.

If you help someone who is under 13 to register for or otherwise use any Services you assume full liability for any consequences and that, under no circumstances including, but not limited to, negligence, neither we nor any third-party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of such use.

17. Sunset

What happens when a game is shut down?

From time to time, we may take the decision to cease publishing one of our games and remove the game from all platforms and app stores so that it is no longer downloadable (we refer to the date that this occurs as the “Sunset Date”). 

How will I know when a game is Sunsetting?

We will always try to provide you a reasonable amount of notice of the anticipated Sunset Date for a game, whether this notice occurs as an in-game pop-up and/or official announcement by Gamebasics on the relevant support page for the game or Gamebasics’ social media channels. Any announcement will explain the impending closure of the game on the Sunset Date and urge all players to stop making any in-game purchases.

Can I get a refund on my in-game purchases?

You will be entitled to a full refund for any in-app items purchased in the two (2) month period leading up to the Sunset Date. All refund requests must be made through the relevant app store or by contacting us here. Please note, you only have thirty (30) days after the Sunset Date of a game to make your claim, otherwise you will lose your entitlement to any refund. The reason for this is to ensure that we can abide by applicable Data Protection laws and delete all personal data collected from the game from our servers and database. Please visit the Privacy Policy page for more information about your personal data.

I have more questions about sunsetting, where can I ask them?

You can contact our Player Experience Support team by opening a ticket at the following link: https://support.footballheadcoach.com/hc/en-gb/requests/new

18. Bots

Like many of our peers in the mobile games industry, we may use bots in our games in certain circumstances, such as where our games are real-time multiplayer games. As is standard for such games, bots may be used if there are no real-live players available, in instances of low connectivity or in the event of other technical constraints so that we can ensure smooth and enjoyable gameplay for our users. Further, there may be a use of bots for first-time players to ensure the best introduction to our game offering.

B. Gamebasics Virtual Items Terms and Conditions

Some of our games may include virtual items, including, but not limited to, benefits, upgrades, unlockables, cosmetics, skins, gameplay features or coins, cash, tokens or other in-game currency (“Coins”), in each case, available through or otherwise in relation to our Services (together “Virtual Items”). Please read these terms and conditions (“Virtual Items Terms”) carefully before purchasing any Virtual Items. By purchasing any Virtual Items, you agree to be bound by these Virtual Items Terms and the Terms. These Virtual Items Terms are in addition to the Terms and if there is a conflict between the Virtual Items Terms and the Terms, the Virtual Items Terms shall apply.

1. When do these Virtual Items Terms apply?

These Virtual Items Terms cover your purchase and use of Virtual Items. 

Coins and items can only be used in line with these Virtual Items Terms and within the game account in which they are purchased or otherwise acquired. You acknowledge that certain additional in-game functionality may only be accessible in exchange for Coins.

These Virtual Items Terms also apply if you win or are given any Virtual Items because you have participated in a gameplay feature, competition, survey or marketing campaign.

Please note some of our Services may include “loot boxes” as part of the Virtual Items offered in the game. Loot boxes can take various forms (such as golf bags, treasure chests or player packs) are usually considered to be a form of randomised in-game content you can open or redeem through various means, including for example for in-game currency, coins, or through gameplay. Loot boxes are subject to these Virtual Items Terms.

2. Where can I buy Virtual Items?

Some of our games let you buy Virtual Items. You can recognise these games because they have an option to purchase Virtual Items, either in an in-game shop or, in the case of Coins, usually at the top of the specific game playing window. Games may allow you to buy different amounts of Virtual Items and may have temporary offers or sales for Virtual Item purchases.

Please note that when purchasing Virtual Items through one of our games, which you will have downloaded from an app store, there may be additional terms and conditions which apply. You may be asked to agree to the app store provider’s own terms and conditions, which will apply in addition to these Virtual Items Terms. We suggest you read app store terms carefully and follow the process provided by the relevant app store.

We do not permit third parties to give or sell Coins and other Virtual Items outside of our games. Accordingly, as a condition to playing our games, you agree not to receive, purchase and/or use Coins or Virtual Items from such third parties. Any unauthorised Coins or Virtual Items that you purchase are subject to forfeiture at any time.

3. I am ready to buy Virtual Items – what do I need to do?

You can buy Virtual Items from us for real money if you are 18 years of age or older or, if you are under 18, you must have the permission of a parent or guardian. We may ask you to provide the details of your parent or guardian from time to time.

If you want to buy any Virtual Items, please follow the steps set out in the game which you have downloaded. If you experience any difficulties when purchasing Virtual Items, you can contact us here.

Please note the following:

  • You may be presented with multiple Virtual Items bundles and/or packages, with different virtual currency options if applicable, and with different prices and amounts of Virtual Items to choose from. Please select the bundle or package that you wish to purchase, review this selection and, if you are happy, please proceed to check out. If you are purchasing Virtual Items through the Website, or other dedicated websites (such as https://en.onlinesoccermanager.com/Register), you will automatically be redirected to our third-party payment provider website. If you are purchasing Virtual Items through the app, your payment will be processed through the applicable app store and additional app store terms and conditions may apply.
  • The price of Virtual Items is as stated at the time you place your order, except in the case of obvious error. We try and ensure that all prices stated are accurate but errors may occur. The price includes value added tax (where applicable).
  • We are entitled to change the purchase price for Virtual Items at any time, before you purchase the Virtual Items. At the time of purchase of Virtual Items, you may be offered additional Virtual Items free of charge. These Virtual Items Terms cover such additional Virtual Items offered free of charge. Subject to applicable law and regulation, the price of Virtual Items may vary between users depending on a number of factors including differing exchange rates, territories and legal limitations.
  • If you are purchasing Virtual Items through a third-party payment provider window, you will be asked to select your preferred payment method. Note that such payment methods are subject to change at the discretion of Gamebasics and the third-party payment provider.
  • Please select the payment method that you wish to use by clicking on the relevant icon. By doing so you confirm that you are authorised to use the payment method selected. You will then be asked to provide certain required information to purchase the Virtual Items. If you are paying by credit card please enter the number in full, without spaces or dashes. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your Virtual Item order and we are not obliged to inform you of the reason for the refusal.
  • We are not responsible for your card issuer or bank charging you as a result of the processing of your credit/debit card payment in accordance with your order. Before placing and submitting an order for Virtual Items, you will be provided with details of the terms and conditions of our third-party payment provider. You will need to read and accept these terms and conditions before purchasing the Virtual Items through our third-party payment provider.
  • Please check the accuracy of the payment information that you have provided and correct any mistakes. When you are ready, please click to submit your order. By doing so you: (i) agree to be bound by the Terms and these Virtual Items Terms; (ii) agree to pay for the Virtual Items at the indicated price, and you (iii) confirm that you are permitted to use the payment source that you have provided; and (iv) you authorise our designated payment processor to charge the full amount to the payment source you have identified for the transaction.
  • Once you have placed your order, you will receive a confirmation on screen.
  • All purchased or allocated Virtual Items will be assigned to the account that is linked with the payment provider through which the purchase or allocation is made. It is your responsibility to ensure that you are logged in to the correct account when making a purchase.
  • Gamebasics does not process payments. A third-party payment provider or the app store itself (such as Apple or Google Play Store) handles payments. If you have any issues or problems with payment for a Virtual Item, you should therefore contact the third-party payment provider or the app store directly.
4. Can I transfer Virtual Items between app and Website accounts?

Generally, no. The app and website accounts are not always linked, but in some cases, such as for Online Soccer Manager the Coin wallets are linked. However, for some games there is no link, and if you purchase Virtual Items through one platform account, they will not appear in other platform accounts you may have with us.

5. How do I use my Virtual Items?

You can spend your Coins in order to acquire other Virtual Items within the game within which you purchased the Coins. When you use Coins to acquire another Virtual Item within a game, the relevant amount of Coins will automatically be deducted from your account that is connected with that game.

Other than Coins, the availability, nature and duration of any Virtual Items may vary from time to time. Some Virtual Items may only be used a limited number of times or only whilst you satisfy certain conditions.

We can at any time, without notifying you, vary the scope, variety and type of Virtual Items. Gamebasics has no obligation to make, or continue to make, any specific Virtual Item for any game. We may also restrict or vary the type of Virtual Items available to you based on your country of residence.

6. What am I not allowed to do with my Virtual Items?

By buying Virtual Items, you agree not to:

  • transfer Virtual Items between accounts or between you and any other person, except for any Gamebasics authorized and enabled transfers;
  • transfer or attempt to transfer Virtual Items between two or more accounts in any way; or
  • transfer Virtual Items between accounts by any means that attempts to bypass normal playing rules or that is contrary to the general purpose of a game (for example: by using one account to intentionally lose a game to another account for the purpose of transferring credits between the accounts).

Users are prohibited from holding and using Virtual Items in multiple accounts in any manner that is contrary to the general purpose of a game and in violation of any relevant clauses of these Terms and Conditions. 

You are strictly prohibited from giving, selling or otherwise transferring an account or any Virtual Items to any other person. Any violation or abuse of the account limitations will be flagged and may result in suspending or disabling your account or any other measures Gamebasics deems necessary. 

We may from time to time limit the use of Virtual Items, including applying limits to the number of Virtual Items allocated to your account at any time, and/or the number of Virtual Items usable or redeemable within a given time period.

7. What legal terms do I need to be aware of when I am purchasing Virtual Items?

When you buy Virtual Items, you are buying a limited personal revocable licence to use the Virtual Items. You agree that the Virtual Items do not constitute personal property and Coins are not legal tender or currency of any kind. All Virtual Items purchased by you are non-refundable. No interest is paid or earned on any Coins balance.

Gamebasics is entitled to expire, withdraw, replace, restrict or otherwise change any Virtual Item at any time.

You have certain rights in respect of the Virtual Items. These include that we have the right to supply the Virtual Items to you and that the Virtual Items will be of satisfactory quality and as described.

You have certain legal remedies if we breach any of these rights. Nothing in these Virtual Items Terms is intended to affect these legal rights or other rights to which you may also be entitled.

If we are unable to resolve any disputes between us about your purchase of the Virtual Items or these Virtual Items Terms, you have the right to refer the dispute to the EU’s Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

8. Can I cancel my order once I have bought my Virtual Items?

By purchasing Virtual Items from us, you agree that we can transfer them to your account as soon as we can. By agreeing to these Terms, each time you click to confirm a purchase, you acknowledge that you expressly consent to the supply of the Virtual Items immediately and acknowledge that you will lose your right to change your mind and cancel such order within the 14-day cooling-off period otherwise provided by law.

9. What happens to my Virtual Items if my account is temporarily or permanently terminated?

We reserve the right to temporarily or permanently ban your account if:

  • we or our designated payment processor are unable to verify or authenticate any information (including payment information) you provide in connection with the purchase or use of the relevant Virtual Items;
  • we or our designated payment processor are notified of or reasonably suspects any cheating, fraudulent, abusive or other unlawful activity whatsoever in relation to your account, Virtual Items or Coins balance;
  • you are otherwise in breach of these Virtual Items Terms, the terms of the third-party payment service provider or any other Terms; or
  • your account is inactive for a period of 3 years.

If we temporarily or permanently ban your account, we may remove any or all of the Virtual Items in your account. If this happens, you are not entitled to any reimbursement, refund or any other compensation, except at our sole discretion.

10. What do I do if I have not received my Virtual Items?

It is possible that you have successfully ordered and paid for your Coins, but you may not have received them. Please remember that during busy periods, it can take up to 48 hours before your Virtual Items are assigned to your account. If you are still having issues receiving your Virtual Items and you have not received them after a short period of time, please let us know by contacting us here.

11. What should I do if someone has made an unauthorised purchase on my account?

You are responsible for the security of your account and ensuring that no unauthorised purchases occur on your account. Gamebasics is not liable for any unauthorised purchases (including fraudulent purchases or purchases made by minors). If you wish to pursue a refund for such purchases, you should contact your bank or the payment provider such as the relevant app store.

12. What is Gamebasics not responsible for?

We are not responsible for the following types of loss or damage which may arise (and have no obligation to refund for any purchase of Virtual Items):

  • damage or loss not caused by our breach of the Virtual Items Terms;
  • unauthorised purchases made by persons who have gained access to your account (including, without limitation, minors or unauthorised third parties);
  • loss of progress or Virtual Items on your guest account which you can no longer access. We advise you to create a proper account and/or to link your account to Facebook to minimise loss of your account data;
  • loss of progress or Virtual Items due to disconnecting your game account from a social media account (such as Google or Facebook);
  • loss or liability incurred by you as a result of accidentally entering a match or purchasing a Virtual Item through misclick or other mistake;
  • loss of progress or Virtual Items as a result of our decision to terminate a game or remove certain features or supporting services from a game;
  • loss or damage which is caused by us when such use does not comply with the Virtual Items Terms but which we and you could not anticipate nor expect to happen when you started using the Virtual Items;
  • any loss which is indirect or a side effect of the main loss or damage and which we and you could not anticipate nor expect to happen when you started using the Virtual Items, for instance if you lose revenue or salary, profit, opportunity or reputation; and
  • any loss or damage if the Virtual Items are not provided to you are interrupted or suspended or if we do not comply with the Virtual Items Terms because of events beyond our control, such as an act of God, accident, fire, lockout, strike or other official or unofficial labour dispute, civil commotion or other act or event beyond our reasonable control.
13. Who do I contact regarding purchases of Virtual Items in Facebook Messenger?

Purchases of Virtual Items made within Facebook’s Messenger application are subject solely to Facebook’s terms and conditions of purchase. Accordingly, we will be unable to help with your queries here which should be directed to Facebook.

C. Gamebasics Prize Promotion Terms and Conditions

This prize promotion (the “Prize Promotion”) is run by Gamebasics B.V., with its registered office at 6th Floor, Spazio Office, Buitenom 263, 2711KB, Zoetermeer, Netherlands (herein “Miniclip”).  These terms and conditions (“Terms and Conditions”) govern the rules of this Prize Promotion and prevail in the event of conflict or inconsistency with any other communications, including advertising or marketing or promotional materials. All questions regarding this Prize Promotion should be directed to: [email protected].

1. Prize Promotion Details

1.1 The Prize Promotion is open to participants worldwide and is open to anyone aged 18 years or over (the “Entrant”), except employees of Miniclip, their families, agents or any third party directly associated with administration of the Prize.  

1.2 Entries will be valid between [DATE] at [TIME] until and including [DATE] at [TIME] (the “Prize Promotion Period”), as communicated in the game. Entries received after the closing time of the Prize Promotion Period will not be accepted.   

1.3 Miniclip reserves the right to alter the Promotion Prize Period at any time without prior notice. 

2. Prize draw

2.1 To enter the Prize Promotion, all Entrants must purchase at least one (1) Signed Jersey Pack located in the Shop of Football Head Coach (the “Game”). Only a maximum of five (5) Signed Jersey Pack purchases per Entrant is allowed and will be counted as five (5) separate entries.  

2.2 The winner will be chosen by a random draw performed by an online randomizer tool. The winning Entrant (the “Winner”) will receive the Prize as set out in clause 3.1 in accordance with these Terms and Conditions.

3. The Prize

3.1 The prize shall be one (1) signed physical jersey, subject to approval of NFLPA (the “Prize”).  

3.2 The Prize is non-exchangeable, non-transferable and no cash alternative is offered. Miniclip retains the right to replace the Prize with an alternative prize of equal or higher value as required by the circumstances and in Miniclip’s sole discretion. The estimated retail value of the prize is $250.

3.3 The Prize shall be provided to the Winner by Miniclip and subject to the Notification criteria set out in clause 4 below. Miniclip will endeavour to provide the Prize within ninety (90) calendar days from the day the Winner responds to the Notification (as detailed in clause 4 below). 

4. Notification of winning entries and timelines

4.1 Miniclip will notify the winner that they have won the Prize by contacting them via direct message in the Game (the “Notification”) within seven (7) working days following the end of the Prize Promotion Period and will provide instructions on how to claim the Prize.  In the event the Winner cannot be contacted or does not respond to the Notification within thirty (30) calendar days, the Prize may be forfeited. 

4.2 Upon forfeiture of the Prize, no alternative compensation will be given and Miniclip reserves the right to carry out another Prize Draw from the remaining eligible entries in accordance with the relevant process described above. The decision of Miniclip regarding any aspect of the Prize Promotion is final and binding and no correspondence will be entered into.

5. NFLPA entities

5.1 Entrants irrevocably waive all claims against OneTeam Partners, LLC, the National Football League Players Association, National Football League Players Incorporated, any of its member players and/or any of the respective parents, subsidiaries, affiliates, directors, officers, governors, owners, advertising and promotion agencies and agents of any of the preceding entities (collectively, the “NFLPA Entities”) and agree that the NFLPA Entities will have no liability or responsibility for any claim arising out of or in connection with the Entrants’ participation in this Prize Promotion or the Prize awarded. The NFLPA Entities have not offered or sponsored this Prize Promotion in any way. 

5.2 By entering into the Prize Promotion, the Entrant agrees to release and hold harmless NFLPA Entities and any of their representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such Entrant’s participation in the Prize Promotion and/or his or her acceptance, possession, use, or misuse of any Prize or any portion thereof; (ii) unauthorized human intervention in any part of the Prize Promotion; (iii) electronic or human error in the administration of the Prize Promotion or the processing of entries; (iv) technical errors of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, software, or other mechanical equipment; (v) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (vi) printing errors; (vii) the loss, inaccessibility, theft by a third party, loss of value, or malfunction of any cryptocurrency, blockchain, NFT, or wallet associated with the same; and/or (viii) lost, late, misdirected or garbled electronic communications or mail or postage or undeliverable mail.

6. General

6.1 Subject to applicable law and regulation, Miniclip reserves the right to, at its sole discretion, to cancel, replace or amend any part of the Prize Promotion including, without limitation, the length of the Prize Promotion Period and the Prize. In the event of any ambiguity in the rules of this Prize Promotion, Miniclip’s determination will be final. 

6.2 If an entrant accesses and enters this Prize Promotion through a social networking site, each entrant agrees to comply with such site’s terms of use and privacy policy. Please note that any Prize Promotion organised by Miniclip is in no way sponsored, endorsed, or administered by, or associated with, such third-party social networking site. To the fullest extent of the law the liability of any third-party platform hosting the Prize Promotion is fully excluded. 

6.3 By choosing to participate in this Prize Promotion, the entrants acknowledge and agree that their social media profile (which may include their name or other information which may contain personal data), in addition to data that we already have about them in relation to any Miniclip games accounts, will be processed by Miniclip for the sole purpose of running the Prize Promotion in accordance with these Terms and Conditions. Any such personal data will be held and used in accordance with Miniclip’s privacy policy (available here: https://footballheadcoach.com/privacy-policy/).  

6.4 Miniclip must either publish or make available information that indicates that a valid award took place. To comply with this obligation Miniclip will send the surname and country of the Prize winner and, if applicable copies of their winning entry, to anyone who contacts Miniclip at the address provided at the top of these Terms and Conditions. If an entrant objects to any or all of the personal data mentioned in this clause 6.4 to be published or made available, they must contact Miniclip at [email protected]. In such circumstances Miniclip may still provide the information and winning entry to the Advertising Standards Authority on request. 

6.5 Miniclip accepts no responsibility for, or liability arising from, entrants taking part in any Prize Promotion or for taking up the Prize (or not, as the case may be). The entrants’ statutory rights are not affected. Miniclip gives no warranty or guarantee in relation to the Prize and accepts no responsibility or liability for the Prize being amended. By entering the Prize Promotion, Entrants agree to hold Miniclip harmless for liability, damages or claims for injury or loss to any person or property, relating to, directly or indirectly, participation in the Prize Promotion, or claims based on publicity rights, third party intellectual property rights, defamation or invasion of privacy.  

The Prize Promotion is governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the courts of England. The Prize Promotion shall be void where prohibited by local laws. It is the entrant’s responsibility to ensure that they are able to participate in the Prize Promotion in compliance with their local laws and regulations. To the fullest extent permitted by law, Miniclip is not liable where an entrant has breached local laws or regulations in connection with the Prize Promotion. Miniclip reserves the right to reject any entries if it discovers such an entrant’s participation is not permitted under the entrant’s local law. 

Gamebasics B.V. is a wholly owned subsidiary of Miniclip Group S.A.