Copyright 2012-2017 NOUS unless otherwise noted.
NOUS® is a registered trademark in the UK, US and EU.
NOUS is the owner and operator of the services provided at tiql.co, sparkprofit.com, nous.net and other domains.
End User Licence Agreement ("EULA") for Nous Global Limited: IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE CONTINUING WITH THE INSTALLATION PROCESS AS YOUR AGREEMENT WITH THEM CONSTITUTES A LEGALLY BINDING AGREEMENT.
The EULA is between you and Nous Global Limited ("NGL") of First Floor, Millennium House, Victoria Road, Douglas, Isle of Man, IM2 4RW, a company registered in the Isle of Man under company number 012771V. NGL is defined for the purposes of this document as "we', "us" or "our" as appropriate. NGL is licensed and regulated by the Isle of Man Gambling Supervision Commission for the purposes of operating an online gambling licence. NGL offers gaming and wagering services ("services") through its brand TIQL and through its website www.TIQL.co. In addition to offering NGL's services through the internet, NGL may from time to time offer our products through alternative mediums such as mobile devices. When you use NGL's services by whatever medium, this EULA shall apply to such use to such extent as is applicable to the circumstances. Services are provided through our website domain. Before you download the Software (which includes any downloadable desktop application or system component) from our website, NGL will ask you to give your express consent to the Terms and Conditions of this EULA. By agreeing to this EULA you acknowledge that you are entering into a legally binding agreement with NGL. By opening an account with NGL and by clicking on "I agree" and using our software, you are bound by the Terms and Conditions of this EULA. If you do not agree to any of the provisions of this EULA you should immediately stop using our software and remove it from your computer.
1.1.1 It is a condition of using our software that you must register and open an account with us. You must be aged 18 or over to do so. You can open an account via our website or by downloading our application from the iOS/Android App stores. To do so please download and install our software or navigate your internet browser to the appropriate page on our website and then click on the "Create Account" button to commence the registration process. You agree that it is a condition precedent that you will only maintain one account with us for this purpose and you agree and acknowledge that any and all offers or promotions are limited to one per individual. We reserve the right, at our absolute discretion, to prevent you from receiving future offers or promotions, or to place restrictions on your account for breach of this condition.
1.1.2 We are required to verify the identity of our players and therefore reserve the right to request satisfactory proof of identity (including but not limited to copies of a valid passport/identity card) and satisfactory proof of address (including but not limited to a recent bank statement or utility bill) at any time. Failure to supply such documentation may result in suspension of services.
1.1.3 Satisfactory completion of our registration process and acceptance of the Terms and Conditions of this EULA, grants you non-exclusive, non-transferable, limited licence to use one copy of the software.
1.2.1 You shall not distribute, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter the software. The granting of this EULA shall not give any express or implied rights to decompile, reverse engineer or otherwise disassemble any part of the software.
1.2.2 You shall immediately notify us of any unauthorised use or disclosure of, or of any unauthorised access to, or of any theft or loss of any copies of the software or other proprietary information (as defined in clause 1.4.3) which you suspect or which comes to your attention.
1.2.3 You may not distribute copies of the software to third parties.
1.2.4 You may not rent, lease or lend our software to any third party.
1.2.5 You shall always use the latest available version of the software, available from tiql.co.
1.3.1 NGL grants you the right to install a copy of the software on your computer running an up-to-date internet browser such as Firefox, Chrome or Safari on a validly licensed copy of the operating system for which the software was designed. NGL also grants you the right to install a copy of the software on a device running the Android or iOS operating systems, provided the operating system and other device software is not more than 6 months out of date and that the software provided by NGL is the latest version available at that time.
1.4.1 Except for the rights and licence granted under this EULA, nothing contained in this agreement shall be construed to grant you any right, title or interest in or to the software. NGL expressly reserves all right, title and interest in and to the software which are not specifically granted to you under this EULA.
1.4.2 The software provided by and copies made by you, including all intellectual property rights including all patents, inventions, copyrights, database rights, design rights (whether registered or not), trademarks, trade names, logos, trade secrets, know how and all rights to sue for passing off or unfair competition and all applications for the same and all rights of similar nature existing anywhere in the world ("intellectual property rights") therein, are and shall remain the exclusive property of NGL.
1.4.3 You acknowledge that the software, the related intellectual property rights including its objects and source code and related proprietary information embodied in or related to them ("proprietary information"), contain valuable trade secrets of and are also protected by the copyright and patent laws of various countries. You agree that in accessing our software you will keep the proprietary information in strict confidence and will not copy, reproduce or duplicate the proprietary information or any portion thereof in any form or medium, except as provided in this EULA.
1.4.4 NGL shall be at liberty to advertise, promote and generate goodwill I services through any media deemed fit by NGL.
1.4.5 You acknowledge that this product represents a uniquely valuable way for gaining access and exposure to market price movements and represents the culmination of many decades of work by subject matter experts. You agree not to create or induce others to create a product with our same combination of consumer protections for a period of three (3) years from the date you sign up to the service. This requirement is independent of your existing or future intellectual property rights as a consumer and does not imply a limitation on any existing rights we may have in any part of the world.
1.4.6 You must not remove or alter any copyright notices on any and all copies of the software.
1.5.1 It is entirely at NGL's discretion as to which games and wagering services shall be supported by our software and you acknowledge that the game offerings on our website may be changed from time to time or without notice from us.
1.5.2 NGL may provide you with support services related to the software ("support services"). Any supplemental software code provided to you as part of the support services shall be considered part of our software and subject to the Terms and Conditions of this EULA.
1.6.1 Entry/Exit Fees
Bets may have both an entry and an exit fee. The maximum potential winnings, and the odds implied by those potential winnings, are quoted with NGL's commission (share of profit) already removed. Potential and actual winnings are shown net of our variable commission. You will always be able to clearly see all fixed fees and all potential winnings before choosing to place a bet.
1.6.2 Deposit and Withdrawal Fees
We reserve the right to impose deposit or withdrawal fees by giving you reasonable advance notice. For a full list of the currently applicable fees, including withdrawal fees and currency conversion fees, please go to tiql.co/faq.
1.6.3 Fee for Inactive Accounts
An account is deemed inactive when there have been no bets or wagers placed by you for a period of six months. Inactive accounts will incur an inactivity admin fee of either US $1 or 0.5% of your balance per month, whichever is the higher, which will be deducted from the available balance held by the player. The inactivity admin fee will be deducted only if there are funds are available in the account balance held by the player. In the event that there is no available balance held to support the deduction of an inactivity admin fee, NGL reserves the right to close the account without further notice. The inactivity admin fee will be discontinued as soon as the bet or wager has been placed.
1.7.1 You can find a copy of the game rules at tiql.co/faq.
1.7.2 We reserve the right to decline any bet at any time, at our sole discretion. You shall be responsible for monitoring all your bets until we confirm execution or cancellation of the bet. We also reserve the right to stop any orders at any time, at our sole discretion. You shall be responsible for monitoring all your orders.
1.7.3 Any bet you give to us will not take effect unless actually received and acknowledged by us. We shall be entitled to act upon any order or instruction which we reasonably believe is given by you or your behalf without any further enquiry as to its genuineness, authority or the identity of any such person or purporting to give such order or instruction. The execution of a bet by us shall constitute a binding agreement between you and us on terms of such executed bet.
1.7.4 You may choose to close (stop or cancel) a bet at any time after our system has confirmed that the bet was received and is active. The "current" or "mark-to-market" value of the bet will be shown by the software, and may include an additional fee for stopping early. If you choose to accept the displayed net payout you will receive exactly that payout unless your request is rejected in which case you may try again.
1.7.5 You may modify an existing bet, for instance to change the target price or to increase or decrease the wager. This constitutes closing the first bet and immediately starting a new bet with the given parameters. As a result you may be required to pay an exit fee on the current bet and additional entry fees on the new bet. The net change in your account balance will be made clear so that you can choose to proceed or not.
1.7.6 Each instrument has its own set of regular trading hours, which will be made available inside the application. The “weekly close” occurs every Friday at 17.00 USA Eastern Standard Time each week. The “futures contract expiration close” is market dependent; on markets subject to it it is usually monthly. All open bets will be closed at every weekly close and every relevant futures contract expiration close and will use a price taken from each market's last 15 minutes of trading to determine each bet's final payout. New bets and amendments may be rejected if sent any later than 30 minutes before any of the above mentioned closes.
1.7.7 We reserve the right to declare a previously accepted bet void at any time if, at our sole discretion, we later deem the market to have been insufficiently liquid at the time of receipt. You shall be responsible for monitoring all your orders.
1.7.8 We reserve the right to declare a previously accepted bet void at any time if, at our sole discretion, we believe an undetected programming error, bug or glitch in our website software has been exploited. We shall be entitled to: 1) suspend your account; and 2) recoup the winnings (if any) from the TIQL internal wallet.
1.7.9 Instruments may be closed at other times, such as national holidays or before certain news announcements. Instruments may also close for market protection or for technical reasons. You accept that the price may suddenly change once the market reopens.
1.7.10 If the market is closed for any reason at the time when a bet action is requested (sending a new bet, amending an existing bet, or closing an existing bet) we reserve the right to reject the request. Bets may only be acted upon when the markets are functioning normally and we are receiving a valid stream of reference prices.
1.7.11 We further reserve the right NOT to accept entering, closing or modifying or cancelling a bet without any further notice to you in the following circumstances: (1) abnormal market conditions and/or a significant disruption in or premature close of trading in the market, (2) Force majeure, acts of God, war (declared or undeclared), terrorism, fire or action by an exchange, regulatory or government authority that disrupts trading in the security/market, (3) in the event liquidity providers are unable to provide liquidity to us.
1.7.12 It is important to understand that you are making a prediction on the price movement of the underlying financial instrument. The prediction does not buy you a stake or a share in the underlying instrument.
1.8.1 You acknowledge that our platform is independent of any exchanges and we are under no obligation to quote a particular price or follow the trading rules consistent with such exchanges. You further acknowledge that the mark to market is linked to the prices that we quote on our platform during trading hours and not the prices quoted on any relevant exchanges or other financial market data websites.
1.8.2 You fully accept and agree that our software will make a final determination of the prices for each market and/or events incorporated into Services. In the unlikely event of a discrepancy between the result showing on the software installed on your computer and the result on our server, the result shown on our server shall prevail. In the absence of a manifest error, you acknowledge and agree that our records shall be the final authority when determining any dispute relating to Services.
1.8.3 When entering or closing a bet, you irrevocably and unconditionally agree to accept the market price in which the transaction shall be executed as reflected on our trading platform as final and binding. Any dispute arising from such quoting errors will be resolved by NGL at its sole and absolute discretion.
1.9.1 There are inherent risks in the use of mobile trading technology such as the duplication of order instructions, latency in the prices provided, and other issues that are a result of mobile connectivity. Our mobile feature utilises public communication network circuits for the transmission of messages. We shall not be liable for any and all circumstances in which you experience a delay in price quotation or an inability to trade caused by network circuit transmission problems or any other problems outside our direct control which include but are not limited to the strength of the mobile signal, cellular latency, or any other issues that may arise between you and any internet service provider, phone service provider, or any other service provider.
1.10.1 We may provide you with various analytical tools (such as market data, blog posts, links to other websites, news, headlines, graphs, newsletters). By doing so neither we nor any of our affiliates are endorsing, giving any representation, warranting, guaranteeing, sponsoring or otherwise responsible for the accuracy, correctness, timeliness, completeness or suitability of such information. Such information, tools and our platform are provided solely to assist you to make your own betting decisions and does not amount to investment advice.
1.10.2 We provide a chat forum for our players to exchange information and encourage market sentiment/trading strategy conversations. By participating in our chat forum, you are responsible for any content (“Content”) you submit or transmit through to any of our websites. It is your responsibility to ensure that the legality, reliability, appropriateness, originality and copyright of any such information or material. You shall be solely liable for any damage resulting from any infringement or other violation of the copyright, trademarks or other proprietary rights of any individual or entity, and for any other harm or losses resulting from any content. We do not undertake to review and monitor all the Content on our chat forum and we do not in any manner endorse, support, sanction, encourage, verify, or agree with such content. All the Content is to be viewed and used as is.
1.10.3 In our efforts to promote collegial, non-misleading and non-defamatory communications between the users of our community, you are strictly prohibited from:
188.8.131.52 Making statements as to your eligibility to provide investment advice, portfolio management and/or any other services and/or activity which may require a license, registration and/or notification of your state of residency and/or in the residency states of our users;
184.108.40.206 Making statements that NGL and/or its affiliates endorse, maintain any control and/or guarantee the accuracy and/or completeness of the Content published, posted or shared by you with other users;
220.127.116.11 Making statements that are abusive, defamatory, harassing, and/or insulting statements to NGL, its affiliates, employees, shareholders and/or any of its associates and or/other users or otherwise;
18.104.22.168 Making statements that contain sexually explicit and/or any grossly offensive content, including expressions of bigotry, racism, hatred or profanity or that is hateful, threatening or pornographic; are offensive to any religious or belief affiliation; incite violence or that contain nudity or graphic or gratuitous violence;
22.214.171.124 Intentionally left blank
126.96.36.199 Sending or otherwise posting unauthorised commercial communications (such as spam) on our websites, applications and/or utilizing the Services;
188.8.131.52 Collecting users Content or information, or otherwise accessing our websites and/or Services using automated means (such as harvesting bots, robots, spiders or scrapers);
184.108.40.206 Engaging in unlawful multi-level marketing, such as a pyramid scheme, on our websites and/or using our Services;
220.127.116.11 Uploading viruses or other malicious code;
18.104.22.168 Soliciting personal information and/or login information or access an account belonging to someone else;
22.214.171.124 Using our websites and/or Services to do anything unlawful, misleading, malicious, or discriminatory;
126.96.36.199 Doing anything that could disable, overburden, or impair the proper working of NGL, such as a denial of service attack and/or facilitate or encourage any violations of these Terms and Conditions.
1.10.4 All Content relating to the above (together with any unsubstantiated performance claims) may be removed from any of our websites. If you violate clause 1.10 we shall have the right to terminate your account and/or terminate or restrict your access to all or any Services and, if relevant, refund any money in your account.
1.11.1 NGL's integrity with the Isle of Man Gambling Supervision Commission and as a provider of gaming and wagering services is dependant on us delivering a level playing field for all of our customers. We are committed to using all reasonable measures to promote fair play and cheating of any kind is strictly forbidden when using our Services.
The following practices are strictly forbidden.
1.12.1 The use of non-public materially relevant information (insider trading)
1.12.2 The use of any kind of Player Assistance Software in conjunction with Our Software or website,
1.12.3 Reverse-engineering or non-approved use of our System's protocols or application programming interface (API),
1.12.4 The use of and non-approved Software to access or otherwise control our Services,
1.12.5 Collusion with other players to our detriment.
If you are found to have used any form of software or practice to gain unfair advantage:
1.13.1 Your account will be immediately frozen and investigated;
1.13.2 Your playing account will be frozen pending the outcome of our investigation, funds in your account may be subject to forfeiture and we will reclaim from your account any historic betting profits that we can demonstrate have been gained through such abuse at any time;
1.13.3 If we determine there are reasonable grounds, you will be reported to all relevant authorities, including the Isle of Man Financial Crime Unit if there is evidence of fraud or money laundering; and
1.13.4 If we determine your playing account with us to be terminated, we fully reserve all other legal rights and causes of action we may have.
1.14.1 You shall not, and shall not procure any third party to, use any information, material or data which is not openly available in the public domain (“insider information”) on, or in connection with, the Services provided. If you use, or procure any third party to use, insider information, we may immediately terminate your (and any relevant third party's) account and the provision of clause 3 shall apply to any such termination.
1.14.2 You will be liable to us and shall indemnify us for any claim, loss, damage, costs and/or expenses we incur as a result of you not complying with clause 1.14 and its subclauses. This means you will be responsible for any loss or damage we suffer as a result of your breach of clause 1.14.1.
1.15.1 As a regulated business NGL is committed to fair play. Whilst rare, should an error occur, in any calculations with respect to any stake, bet, price, currency conversion or result, we will seek to put all parties into the position that they would have been in but for the occurrence of the error.
1.15.2 In rectifying any error it may be necessary to declare a bet null and void.
1.15.3 If the error results in you being unfairly enriched, we reserve the right to reduce your account balance by the amount paid in error or if funds are withdrawn to make demand of you to immediately reimburse.
1.15.4 NGL shall not be responsible or liable for any technical failure, loss or corruption of data whilst using our Software, including but not limited to network failure, system server crashes, power outages or damage caused by viruses, worms, logic bombs or other malicious malware.
1.15.5 NGL expressly disclaims any warranty for the Software. The software is provided "As is" without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose, does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software. We make no warranties in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. We further expressly disclaim any warranty or representation to authorised users or to any third party.
You represent that:
1.16.1 Your registered account with us is solely for your benefit. You shall not allow any third party (including a relative or non-approved software product) to use your account, password or identity to access or use services or software and you shall be fully responsible for any activities undertaken on your account by a third party. You will not reveal your account username or password to any person and you shall take all steps to ensure that such details are not revealed to any third party. You shall inform us immediately if you suspect that your account is being misused by a third party and/or any third party has access to your account username or password so that we may investigate such matter and you will cooperate with us, as we may reasonably request, in the course of such investigation.
1.16.2 You are responsible for the security of your username and password on your own PC or internet enabled device. If the allocated username password combination is “hacked” from your computer, due to any viruses or malware which is present on your computer that you access your account with, this is your responsibility. You should report any possible hacking attempts or security breaches from your computer terminal immediately.
1.16.3 You are fully aware that there is a risk of losing money by gambling by means of our Software, games and services and you are fully responsible for such loss.
1.16.4 You are of sound mind and you are capable of taking responsibility of your own actions and agree that your use of our Software, games and services is at your sole option, discretion and risk. In relation to your losses you shall have no claims whatsoever against their respective directors, officers or employees.
1.16.5 Any funds used by you to facilitate access to Services were not illegally and that you will not use our Software in any way for the purpose of money laundering or other illegal purposes.
1.17.1 You will not use our Software or Services for any unlawful or fraudulent activity or prohibited transaction (including money laundering or insider trading) under the laws of the Isle of Man and also of all jurisdictions which additionally apply to you.
1.17.2 When using Services and/or website you agree to treat all our staff and other players with respect. Use of offensive and/or threatening language when contacting Support Services or interacting with other players through Our “Chat forums” is strictly forbidden and may result in termination of Services to you and forfeiture of your playing account. We reserve the right to determine what constitutes such language and are not required to provide any explanation of the manner by which the decision was made. Our decision in such matters is final.
1.17.3 You acknowledge and agree that all wagers were made accepted at our absolute discretion.
1.18.1 You may only use our Software if you are 18 years of age or over and it is legal for you to do so according to the laws that apply in your jurisdiction. In addition to the rights reserved in Clause 1.1.2 above, we may require additional proof of age from you and your ability to access and use Services shall be suspended until satisfactory proof of age is provided.
1.18.2 Without limitation to the above, access to our Software may be restricted in certain jurisdictions. By using our Software, you agree to comply with all applicable laws regarding its use and any use of it is at your sole option, discretion and risk.
1.18.3 It is your responsibility as a player to ensure that gambling and continued of the game is legal in the country where you are attempting to access the game and that the Software must not be used in any manner prohibited by any applicable laws or regulations in that jurisdiction.
1.18.4 Under the Isle of Man's online gambling regulation act of 2001, all debts are enforceable in the Isle of Man Courts.
1.19.1 You can instruct at any time a period of self-exclusion according to the policy and procedures set out on our website under Responsible Gaming.
1.20.1 NGL reserves the right to close your account if you do not log-in with your Username and Password for (2) years. At the end of this period, NGL shall in its absolute discretion close your account and your entire account balance (if any), bonus points and frequent player points will be deemed abandoned and forfeited. Please see condition 1.6.3 for further details.
1.20.2 You are able to close your account by giving 24 hours notice to NGL by submitting an email request to: [email protected]
In the event of any active bets being live, these will be closed as per condition 1.7.4, or in the case that they cannot be closed due to the underlying market conditions, they will be closed as soon as possible and the account closure undertaken in line with standard procedure after this time.
2.1 The provisions of this EULA are necessary for the protection of NGL's business and goodwill and are considered to be reasonable for such purposes. You agree that any breach of this EULA may cause substantial and irreparable damages and, therefore, in the event of any such breach, in addition to other remedies which may be available, we shall have the right to seek specific performance and other injunctive and equitable relief or the equivalent in your jurisdiction.
2.2 You agree to indemnify and hold us harmless from any and all claims, demands, liabilities, damages, costs and expenses (including all reasonable legal costs) which are incurred as a result of you:
2.2.1 Breaching the Terms and Conditions of this EULA; and
2.2.2 Breaching the law or regulation in any jurisdiction.
3.1 Without prejudice to any other rights, NGL may terminate the EULA if you fail to comply with the Terms and Conditions of this EULA. In such event, you must delete/destroy any copies of the software in your possession.
4.1 Once you have registered to use NGL's Services, you may be required to deposit funds with us through our accepted electronic payment partners. In agreeing to the Terms and Conditions of this EULA you also expressly agree to us providing any personal information necessary to process the transaction, including where necessary passing information outside of your country of residence. NGL will not accept payments on behalf of a third party into your account or any anonymous payments received. If NGL is not satisfied that you are the sender of the money it reserves the right to reject the money and return it to the remitter less the transfer fees or other charges. NGL may be require you to submit additional documentation as required by applicable anti money laundering regulations.
4.2 We reserve the right to impose payment, deposit or withdrawal limits and payment, deposit or withdrawal fees by giving you advance notice.
4.3 Once received, your money will be deposited in segregated client accounts maintained by us with reputable payment institutions and payments providers in accordance with the Online Gambling (Participants' Money) Regulations 2010 (as amended or replaced from time to time).
4.4 If you give an instruction to withdraw money, NGL will deduct the amount requested immediately from your available account balance and endeavour to complete the withdrawal within a maximum of 7 business days (being any day other than a Saturday, Sunday or public holiday) when banks in the relevant jurisdiction are open for business to accept our payment instruction. In addition, the following requirements need to be met:
4.4.1 Your payment instruction includes all necessary information.
4.4.2 Your instruction is to make a payment through our approved payment providers to an account in your name.
4.4.3 You have provided full identification documents as may be requested by us to support you instruction which have been assessed and approved in line with our identification procedures.
4.4.4 As per our procedures, any withdrawal request will be paid to the same player that originally deposited money via any of the payment methods used by him/her when the account was originally funded.
4.4.5 If we are unable to send the money or any partial amount thereof back through the original payment method, we reserve the right to pay the amount through an alternative payment method indicated by you, in United States Dollars. We shall not be held responsible for any transfer fees or charges charged by the receiver.
5.1 NGL is committed to adherence to all gaming supervision requirements, including principles of player protection. By agreeing to the Terms and Conditions of this EULA you expressly authorise us to disclose your personal information to any appropriate third party agency for the purpose of validating the information you have provided to us. In addition, you also agree to provide us with any additional information and/or documentation as we may reasonably request.
6.1 This EULA may not be assigned by you without the prior written approval of NGL who may assign all rights and benefits without your consent to any parent company, or new company created through a merger or otherwise by acquisition.
7.1 In no event shall NGL be Liable for any damages (including, without limitation, lost profits, business interruption, or lost information) arising out of authorised use of or inability to use the Software, even if we have been advised of the possibility of such damages. In no event will NGL be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. We shall have no liability with respect to the content of the Software of any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
7.2 To the extent permitted by the law, the Software is supplied as-is, including any faults. To the maximum extent permitted by the law, statute or otherwise. NGL gives no condition, warranty or other them whatsoever, either express or implied including, without limitation, any condition, warranty or term as to the condition of any code, or as to the merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or use of reasonable care and skill. To the extent permitted under any applicable laws NGL shall not be liable in contract, tort or otherwise for any loss or damage, howsoever arising in connection with the Software or this EULA. NGL shall not be liable for any indirect, special, or consequential damages, or loss of profit, whether such damages or losses are known, foreseen, foreseeable or unforeseen. Nothing in this Agreement limits liability for negligently caused death or personal injury or fraud.
8.1 NGL shall not be liable for any failure that is a result of an act of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, government sanction, blockage, , embargo, labour dispute, strike, lockout or interruption or failure of electricity, internet or telephone service.
10.1 This EULA is made in the English language. If there is any conflict in the meaning between the English language version of this Agreement and any version or translation of it in any other language, the English language version shall prevail.
11.1 Each provision of this EULA is severable, one from the other. If any one provision is found to be unenforceable or unlawful for any reason by any competent court the remaining provisions will remain in full force and effect.
12.1 NGL may, in our absolute discretion, alter or amend any product offered on our website at any time for the purpose of maintaining the website.
12.2 NGL may amend in its absolute discretion the Terms and Conditions of this EULA from time to time. All material amendments will be notified to you through our website.
12.3 NGL are only liable for notifying "you" the player of such material changes via updates on the website. It is your personal responsibility to ensure that you regularly review and familiarise yourself with any such changes.
13.1 Should a player wish to make a complaint regarding NGL or its services then they should email [email protected] with their complaint within 30 days of the original transaction.
13.2 If the complaint is not resolved with a satisfactory conclusion for all parties, the matter can be escalated to our regulator the Isle of Man Gambling Supervision Commission.
13.3 Details on the Isle of Man Gambling Supervision Commission complaints procedure can be found via the following link: https://www.gov.im/gategories/business-and-industries/gambling-and-e-gaming/player-protection/#complaints
14.1 The Agreement shall be governed by and construed and interpreted in accordance with the Isle of Man law and the parties submit to the non-exclusive jurisdiction of the Isle of Man Courts.