Terms & conditions
updated: July 20th, 2022
Unit 91008, Second Floor, 6 Market Place, London, Fitzrovia, United Kingdom, W1W 8AF, Registration
number: 13701607 a legal entity incorporated under the laws of United Kingdom (hereinafter “Winpeak”,
“Company”, “We” or “Us”), on the one hand, and our Users (hereinafter “You”) using Services (including
specific mobile applications for Games if any available), that can be found on the website
https://winpeak.com/ (hereinafter the “Website”) owned by Winpeak.
The subject matter to these Terms shall be Your access to our Services and functionalities.
BY ACCESSING OR USING THE WEBSITE AND ONLINE SERVICES PROVIDED BY WINPEAK, YOU AGREE TO
ANY. BY ACCESSING OR USING THE WEBSITE AND ONLINE SERVICES PROVIDED BY WINPEAK YOU
ASSURE THAT YOU ARE AT LEAST 18 YEARS (IF YOU WANT TO USE THE FULL FUNCTIONALITY OF THE
WEBSITE) OLD OR HAVE REACHED THE AGE FROM WHICH YOU ARE LEGALLY ABLE TO ENTER INTO
CONTRACTS OF SUCH KIND AND MET OTHER CONDITIONS PRESCRIBES BY THESE TERMS.
Accompanying Documents Other documents accompanying and detailing these Terms,
being inalienable part hereof and published on the Website (including, but not limited to the
and the Terms, the Accompanying Document shall prevail, unless other is mentioned in the
by Winpeak and published from time to time on the Website, including Accompanying Documents.
Affiliate Any person or entity that have any relation to Winpeak, including, but not limited
to partners, employees, agents and contractors of latter.
Applicable Law English law applicable under these Terms to any and all relations between a User
Intellectual Property Rights Any invention, patent, utility model right, copyright and related
right, registered design, unregistered design right, trade mark, trade name, internet domain name,
design, service mark, database rights, topography rights, rights in get-up and trade dress, rights in
goodwill or to sue for passing off and any other rights of a similar nature or other industrial or
intellectual property rights owned or used by Winpeak in any part of the world whether or not any
of the same is registered (or capable of registration), including applications and the right to apply
for and be granted, extensions or renewals of and rights to claim priority from, such rights and all
equivalent or similar rights or protections which subsist now or will subsist in the future.
Platform (Winpeak Platform) Skill-based platform for creation tournaments which allows
Users to create and participate in different challenges and Tournaments. Later, the Platform
functionality may be expanded.
Games One or several mobile or other applications (including, but not limited to: Classic Pong,
Arcmage, Star Pong) that have been integrated with the Platform in order to offer Tournaments
functionality for players.
Tournaments Specific events, quests or other similar competitions, which, in certain situations,
allows User to receive monetary prizes for successful participation. More detailed information is
(Competitive or Paid Tournaments) and free (Free Tournaments or Practice).
User Account / Account Available at the Website or any related subdomain thereof special
registration form. Detailed description of the User Account feature is given in the Section 2 of these
Terms. Also may be referred as to the “Account”.
User Balance / Balance Certain amount of funds or Tokens that belongs to the User.
User / You Any person, who uses the Website or Services, that are offered on the Website.
Tokens Platform’s internal currency which is used for purchasing certain in-Platform
items, as Entry Fees for Free Tournaments.
Wining Amount / Winnings Certain amount of funds to be send to the User Balance in case
of successful Paid Tournament completion, excluding the Platform’s fees. Also, may be referred as
to the “Winnings”.
Website A website or any related sub-domain owned and operated by Winpeak available
in the Internet via address: https://winpeak.com/.
Prohibited Jurisdictions Shall mean territories (states) with limited recognition,
Afghanistan, Barbados, Botswana, Burkina Faso, Cambodia, Haiti, Cuba, Democratic People's
Republic of Korea, Iran, Iraq, Jamaica, Mauritius, Morocco, Myanmar, Nicaragua, Pakistan, Panama,
Senegal, South Sudan, Syria, Uganda, Yemen, Zimbabwe, Government of Venezuela, Crimea Please
pay attention to the fact, that list of prohibited jurisdictions may vary depending from on-going
legal analysis conducted by the Company and be expanded. Countries and territories, where our
Services may be considered as gambling shall also be considered as prohibited.
Prohibited / Forbidden Activities Shall mean any kind of activity, behavior that is
forbidden and unacceptable in relation to the Company, Website or Services and violate provisions
of these Terms
Sanctions List Shall mean the Specially Designated Nationals and Blocked Persons ("SDN") List
and the Non-SDN List, including the "Sectoral Sanctions Identifications List", published by OFAC;
the Section 311 Special Measures for Jurisdictions, Financial Institutions, or International
Transactions of Primary Money Laundering Concern published by FinCEN; and, any other foreign
terrorist organization or other sanctioned, restricted, or debarred party list published by the FIA,
or under Economic Sanctions, Anti-Money laundering, or Combating the Financing of Terrorism
Laws of or by Governments of the United States, the United Nations, or any other jurisdiction or
Government, as applicable to You or to the Website, as amended, supplemented, or substituted
from time to time.
Services: Any and all services, games, provided by the Company and which are available via the
Website, relevant mobile application, if any, and etc.
1. GENERAL PROVISIONS:
1.1. Updates. We reserve the right to amend these Terms and the Accompanying Documents at any
time. You are obliged to re-consent to the updated Terms before any changes take effect. In the event that
significant changes are unacceptable to You, We ask You to stop using Our Services immediately. You can
always find the latest version of the Terms on the Website. If You use our Services after the changes come
into effect, We deem it as Your consent to the changes. You are responsible for reviewing Accompanying
Documents for any changes, so please check back here from time to time.
1.2. Definitions. Terms mentioned with the capital letters but meaning of which are not described in
these Terms shall have the meaning as is set in the Accompanying Documents.
1.3. Applicable law and Arbitration.
1.3.1. All questions concerning the construction, validity, enforcement and interpretation of these
Terms shall be governed by and construed and enforced in accordance with the English Law
1.3.2. If the dispute failed to be solved by negotiations, then the dispute shall be submitted for
arbitration to the respective court of the United Kingdom.
1.4. Company’s intellectual property and restricted license to use Website.
1.4.1. Company retains all rights, title and interest in and to the Website and the Services, whether
express or implied, including all copyrights, patents, trade secrets, trademarks, other
intellectual property rights, trade names, logos, slogans, custom graphics, button icons,
scripts, videos, text, images, software, code, files, content, information and other material
available on the Website and other Intellectual Property Rights as prescribed in the ‘Section’
Definitions of these Terms.;
1.4.2. Accessing the Website and using the Services does not vest You with any right, title or
interest in the Intellectual Property and other rights to content which is accessible at the
Website or through the Services unless otherwise is provided in this Agreement;
1.4.3. In order to use the Website and / or any other Service, You are granted personal, nonexclusive, limited, non-assignable, non-transferrable, royalty free, revocable license to use
the Website, or Service on computers/other devices You own or control solely for Your
personal purposes subject to all limitations contained herein. Other conditions may apply if
third-party software is installed;
1.5. The latest version of the Terms shall come into force from the moment of its publication on the
Website, unless We provide You with a different date for the Terms to come into force.
1.6. These Terms shall be valid as long as You have access to our Services and You use them. These
Terms shall not expire upon termination of Your Account on our Website.
1.7. If any of these Terms determined to be invalid, unlawful or unenforceable to any extent, such term
shall be excluded from these Terms, and the remaining terms shall continue to be valid to the fullest extent
permitted by law.
1.8. We consider these Terms to be clear, however, if You have any questions regarding Terms, please
contact us at email@example.com.
2. YOUR OBLIGATIONS AND WAIVERS
checking the relevant box viewed on the Website during the registration procedure), Agreement in general,
complete the registration form and open an User Account on the Website.
2.2. By registering an Account on our Website or using our Services in any way (even in way of just
browsing the Website), You agree to the following:
2.2.1. At the time of registration, You are at least 18 years old or have reached the age from
which You are legally able to enter into contracts (hereinafter also “Minimum Age”).
This requirement is obligatory in case You want to fully use the Platform functionality and
to participate in Paid Tournaments. Be advised, that usage of the Services by persons 16-17
years old is possible only under the supervision of relevant parent or legal guardian of Your
who agrees to be bound by these Terms. Still, Your access to some Services on the Platform
is restricted in this case. By registering on the Website and/or accessing or using Services,
You guarantee that You are at least 16 years of age, and that Your parent or legal guardian
agrees to be bound by these Terms, if required with respect to these Terms and that You will
restrain from participation in Paid Tournaments;
2.2.2. We reserve the right to request documents proving Your age. We may suspend Your Account
until You provide Us with the requested documents. No person under 16 years old or other
legal age of majority in User's jurisdiction of residence which is required to enter into
contracts may be registered as a User and any funds deposited by such a person shall be
returned to his/her account if possible. At any time after User’s registration at the Website,
Winnings received by such User will be forfeited;
2.2.3. You have not already had an User Account closed for any reason, except as under Your
2.2.4. You are obliged to ensure the legality of using our Services in Your jurisdiction;
2.2.5. You agree to provide upon our request any and all identification documents to help Us follow
requirements of the Anti-Money Laundering (hereinafter also may be referred as to the
“AML”) and Combating the Financing of Terrorism (hereinafter also may be referred as to
the “CFT”) legislation;
2.2.6. You are not included in the Sanctions Lists and You are not a resident of the Prohibited
2.2.7. You are the rightful owner of the money, funds which You at any time deposit in Your User
2.2.8. You will use our Services solely for lawful purposes and will not attempt to affect anything
within the Services with criminal intent or in a manner that adversely affects the reliability
of the Services or the integrity of our Company or Us or Winpeak Service Providers.;
2.2.9. You acknowledge that Company shall be the final decision-maker of whether You have
violated Company’s rules.
2.3. Acceptable Use Policy. We may temporarily or permanently ban User who violate these
rules, or who abuse email communications, support communications, or the community purpose of any
message board areas, as determined by us and our developer partners, in our sole discretion. You shall
comply with the following Acceptable Use Policy which requires You to follow certain requirements:
2.3.1. You shall not use the Services with any connection or being related to money laundering,
terrorist financing, proliferation of weapons of mass destruction, human trafficking;
2.3.2. Offensive or indecent names are not allowed. Further prohibited are usernames that contain
or allude to an internet link or Account names, which allude to certain rights of the User;
2.3.3. You may not use or upload obscene, lewd, slanderous, pornographic, abusive, violent,
insulting, indecent, threatening and harassing language of any kind, as determined by us in
our sole discretion;
2.3.4. You may not use or Services to promote any goods or services that are illegal or the
promotion, offer or marketing of which is illegal or that are offered in connection with illegal,
obscene content, Ponzi, pyramid or any other “get rich quick” schemes, any other illegal
goods, services or transactions;
2.3.5. You must not violate our Intellectual Property Rights or rights of other Users or third parties.
2.3.6. You shall not misuse the Website or the Services to cause any harm, damage, losses or
interference for Users, any third parties, Company, as well as the operation of the Website
and/or provision of the Services. In particular, under no circumstance You shall use the
Website or the Services to:
2.3.7. You are not allowed to publish, post, send, upload, submit, display or disseminate any
information or material and/or otherwise make available or engage in any conduct that is
unlawful, discriminatory, harassing, libelous, defamatory, abusive, threatening, harmful,
offensive, obscene or otherwise objectionable;
2.3.8. You have right to operate only one Account;
2.3.9. It is prohibited to display, upload or transmit material that encourages conduct that may
constitute a criminal offense, result in civil liability or otherwise violate or breach any
applicable laws, regulations or code of practice;
2.3.10. Your actions shall not violate any applicable laws, regulations or these Terms;
2.3.11. You have not to interfere with, disrupt, negatively affect or inhibit other Users from using
the Website or links on the Website or damage, disable, overburden or impair the functioning
of the Website or our servers or any networks connected to any of our servers in any manner
or create a false identity for the purpose of misleading others or fraudulently or otherwise
misrepresent Yourself to be another person;
2.3.12. Mislead or deceiving Us, is unacceptable, especially by providing inaccurate or false
information, which includes omissions of information or using cheat-cods, twin-accounts,
smurf-accounts or anything similar; We will suspend Your Account in cases if You try to
abuse the Services in any way (for example, by playing rigged matches, participate in events,
in which You are aware of future results).
2.3.13. Uploading files that contain viruses or any other similar software or programs that may
damage the operation of the Website or the operation of another’s computer or property is
2.3.14. Considering our specific age restrictions, You also may not Access any content, area or
functionality of the Website that You are prohibited or restricted from accessing or attempt
to bypass or circumvent measures employed to prevent or limit Your access to any content,
area or functionality of the Website (for example, You are not allowed to play in Paid
Tournaments if You are not at least 18 years old);
2.3.15. You shall also not try to receive unauthorized access to or interfere with the performance
of the servers which host the Website or provide the Services. other Accounts, or trying to
collect or sell someone’s Personal Data.
2.3.16. You have to always be physically located in Your respective jurisdiction in which
participation in Challenges and using of Our Services are not prohibited;
2.3.17. When using our Services, You will not use any information obtained in violation of the
laws that are in force in Your country of residence at the time of using Services.
2.4. Under no circumstances We accept Users, which are residents of Prohibited Jurisdictions. Your
Account will be immediately terminated and funds withdrawn (where possible – refunded) or forfeit
subject to provisions of these Terms, if we found out, that You are resident of the Prohibited Jurisdiction;
3. RESGISTRATION AND USER ACCOUNT. CLOSURE OF YOUR USER ACCOUNT.
3.1. The User must fill in the registration form provided by Winpeak, which shall at least include
3.1.1. The User's valid e-mail address (confirmation letter will be sent to the provided email).
3.1.2. Password. In the event that there is concern that the secrecy of Username and Password is
no longer the case, the User should notify Company immediately. User shall immediately
contact if he lost his password details or username and maintain confidentiality of Your
password and login to access our Services.
3.2. After the registration procedure is done, Your User Account will be created and You will be given
an automatically generated Username, which can be later (after the registration is over) changed.
3.3. We have the right to refuse the acceptance of the registration application at our sole discretion
without obligation to indicate the reason for the refusal.
3.4. You must provide Us with the complete and accurate information about Yourself, as well as an email to reach You. You confirm that You will periodically update Personal Data to keep it true, accurate,
current and complete by sending an email to the Support Team on the email provided on the Website. In
the event that You intentionally provide us false or inaccurate information about Yourself, We have the
right to suspend Your Account until We clarify the circumstances of such event. We will notify You by
sending an email.
3.5. If the information requested for authorization on our Services is correct, We have the right to
assume that it is You the one who take actions on Your Account. In the event that You suspect that Your
Account is illegally used by a third party, You must inform Us about it as soon as possible by contacting
support team from Your registered email.
3.6. Your Account is not transferable and You shall not allow other persons to use it.
3.7. CLOSURE OF THE ACCOUNT ON YOUR BEHALF.
3.7.1. In case You wish to close Your account with us and to terminate these Terms, You can do so
by contacting our Support via email available on the Website provided that Your Account
does not show that a balance is due to us, that You not participating at the moment in any
Tournaments or not during the active KYC checks. To do so, You have to notify Us in advance
for at least 24 hours and such notification shall at least consist of:
22.214.171.124. Clear statement regarding Your desire to close the User Account;
126.96.36.199. Stating the reasons why You wish to close Your Account, in
particular if You are doing so because of concerns over the level of Your
use, security, fees or anything else;
3.7.2. We will respond to Your request, confirming closure of Your Account and the date on which
such closure will be effective, within a reasonable time, provided that You continue to
assume responsibility for all activity on Your Account until such closure has been carried out
3.7.3. When You request closure of Your Account under Section 2 of these Terms, We will, subject
to requirements, which are set in the Section 1, 3 and others of these Terms, return any
outstanding Balance in Your Account to You (excluding any fees or amount due to the
Company) but only if Balance meet the Minimum Withdrawal requirement.
3.8. Upon any termination of Your Account under clause 2.12 of these Terms, We shall be entitled to
withhold, from the repayment of the outstanding Balance on Your Account, any funds:
3.8.3. as required by law or regulation;
3.9. When repaying the outstanding Balance on Your Account, We shall use the same method of
payment which You provided upon registration of Your Account, or such other payment method as We may
reasonably select. Prior to making any repaying, You may be required to pass the KYC procedures in
accordance to the Section 3 and others of these Terms.
3.10. CLOSURE OF THE ACCOUNT AND TERMINATION BY US.
3.10.1. We are, at any time (and notwithstanding any other provisions contained in the Terms of
(or attempted notice or without any notice) to You using Your contact details. In the event of
any such termination by us, We shall, subject to certain requirements stipulated in the
present Terms, as soon as reasonably practicable following a request by You, refund the
Balance of Your Account;
Balance of Your Account will be non-refundable and deemed to be forfeited by You to the
extent of any claim that We may have against You as at the date of such closure (whether
under Your Account, a duplicate Account or otherwise). For the avoidance of doubt, You
won’t be entitled to any Winning Amount at any time after the date on which Your Account
3.10.3. In case if You Account is closed because You are resident of the Prohibited Jurisdiction, or
due to the age restrictions, all Winnings shall be void and Your deposits shall be refunded if
possible, excluding payments fees, which may be occurred.
4. USER ACCOUNT: KYC PROCEDURES, DEPOSIT AND WITHDRAWAL.
4.1. You may be required to pass KYC Procedures (“KYC”) before withdrawal of any funds from the
User Account Balance. We reserve the right to request You to pass KYC Procedures during the registration
authorize Us to undertake any such verification checks (including, but not limited to KYC checks) from time
to time as We may require ourselves or may be required by third parties (including, but not limited to,
regulatory bodies) to confirm these facts ("Checks").
4.2. For passing KYC, We, or our duly authorized and certified KYC-provider may ask You to send us
the following information and documents proven respective info:
4.3. Colored scan-copies of ID Documents.;
4.4. Colored scan-copies of documents, proving the residing address of the User;
4.5. In certain cases, (when additional verification by bank or compliance authority is needed according
to governmental rules, our AML or KYC policies) We, or KYC-provider may require You to provide
4.6. We reserve the right to reject any documents, which do not comply with the above or if We have
doubts as to their veracity and we may temporarily restrict depositing or / and withdrawals for Your
Account until the KYC is completed.
4.7. You acknowledge and agree that Your Account is not a bank account and is therefore not insured,
guaranteed, sponsored or otherwise protected by any deposit or banking insurance system or by any other
similar insurance system of any other jurisdiction, including but not limited to Your local jurisdiction or the
governing jurisdiction of the Platform, and therefore You accept all and any risks of whatever legal of factual
basis that may arise related thereto. Furthermore, the User Account does not bear interest on any of the
funds held in it.
4.8. Depositing via payment providers.
4.8.1. Minimum depositing amount is equal to the equivalent of 5 USD. Fees for depositing are
viewed in prior to making deposit and, as well any other fees / commissions stated in the
present Terms may be unilaterally changed by the Company.
4.8.2. You expressly agree that time needed for deposits or withdrawals to reach Your User
Account may vary depending on the payment method You have chosen.
4.8.3. You agree to fully pay and cover any and all payments and charges due to Us for the Services
provision in connection with Your use of the Platform if other is not set. We may at our own
discretion do not charge any fees from You;
4.8.4. All deposits should be made from an account or payment system or credit card that is
registered in Your own name, and any deposits made in any other currency will be converted
by payment provider used by the User, or at our own bank's or our payment processor’s
prevailing rate of exchange following which Your Account will be deposited accordingly.
4.8.5. Each request made by You to transfer funds of whatever nature or currency to Your User
Account shall constitute a valid authorization for Us or for the payment provider or payment
platform, as applicable, to transfer the amount specified in Your request, by Us or from or by
the payment provider chosen by You, as applicable, to Your User Account. We will be entitled
to determine whether the funds that You have requested to be credited to Your User Account
are available, upon receiving confirmation satisfactory to Us from the relevant payment
provider in accordance with such payment provider's approval procedures for such
transactions and that such transactions are not canceled. Once We receive confirmation, that
the transaction is not canceled or declined in the way satisfactory for us, the User Account
will be credited with the funds, unless stated differently herein. In the event that, after
depositing funds, it turns out that the authorization which had been provided is wrong and
thus we have not received funds, we reserve the right to cancel all Paid Challenges plaid and
Winnings if any;
4.8.6. You are responsible for Your own bank charges that You may incur due to depositing funds
4.8.7. WGAMEFORCE LTD is not a payment institution. Thus, third-party processing (fully PCI DCC
compliant) is used for the credit card information processing;
4.9. Withdrawal via payment provider.
4.9.1. Minimum withdrawal amount is equal to 10 USD equivalent.
4.9.2. If the current User Account Balance is less, than 10 USD, You shall make additional deposit
or try other methods for withdrawal if any. In order to withdraw funds, You are required to
confirm your mobile phone number and maybe required to pass a KYC and pass Checks.
4.9.3. For withdrawal, the fee may retained from the transaction amount during withdrawal
depending on Your residence, desired payment method, card issuer and card currency which
is available prior to making withdrawal. The fees are visible on the Website prior to making
a withdrawal. But You may not be charged with fees.
4.9.4. Whilst We undertake any Checks from time to time, We may restrict You from withdrawing
funds from Your User Account and/or prevent access to all or certain parts of the Website.
4.9.5. Prior to making a withdrawal, You will be required to confirm Your mobile phone number
for safety reasons.
4.10. Minimum and maximum deposits and withdrawals sizes, established by the Company’s, may later
be changed unilaterally.
4.11. Additional conditions for the depositing or withdrawal may later be established by our payment
4.12. You are also entitled to apply for the refund as provided in Refund Policy available on the Website,
passing of the KYC and minimum withdrawal requirements may not be applied to You in a refund case.
4.13.1. Tokens are currently can’t be withdrawn anywhere and are solely used for playing in
Free/Practice Tournaments. They are awarded for registration and meeting other
requirements, as well as for winning Practice/Free Tournaments.
4.13.2. Conditions for future Tokens withdrawals (if any) shall be prescribed later.
4.13.3. Exact utilization of Tokens depends on the functionality available. Any purchase
transactions made via Tokens shall be deemed non-refundable.
5. AML SUMMARY
5.1. Both international and local regulations require Company to implement effective internal
procedures and mechanisms to prevent money laundering, terrorist financing, drug and human trafficking,
proliferation of weapons of mass destruction, corruption and bribery and to take action in case of any form
of suspicious activity from its Users. In order to ensure that our operations are compliant with the AML
rules and procedures, We are implementing the AML procedure detailed below. It shall be noted, that
mentioned list is not exhaustive. We reserve the right to conduct and take additional measures for
prevention of any other type of suspicious activity in cases established in Applicable Law.
5.2. We define money laundering as any activity that is carried out in an attempt to misrepresent the
source of funds actually acquired through illegal processes as funds that were acquired through lawful
5.3. Winpeak implements a range of filtration operations for swift and accurate identification of any
financial activities that may constitute or are related to money laundering. This helps ensure a money
laundering-free financial operation throughout the Company.
5.4. Company reserves the right to delay or stop any funds transfer if there is reason to believe that
completing such a transaction may result in the violation of any applicable law or is contrary to acceptable
5.5. Company reserves the right to suspend or terminate any Account or freeze the funds in an Account
if there is reason to believe that the Account is being used for activities that are deemed unlawful or
5.6. Please note that we reserve our right to monitor conducted transactions as a part of our risk-based
management system. We may collect, filter, investigate and report data related to Your transactions. We
also reserve our right to report such unlawful behavior to the law enforcement agencies for further
5.7. Company has the right to use User Personal Data for the investigation and/or prevention of
5.8. We have also established a specific assessment system, which separates all of our Clients into the
three groups, depending from the possible risk if being involved in Money Laundering and other prohibited
activities which is kept internal.
5.9. We point Your attention again, that the above list is by no means an exhaustive list. Company
monitors its Users and Accounts activity in light of several other red flags and takes appropriate measures
to prevent money laundering. We have also established a specific assessment system, which separates all
of our Clients into the three groups, depending from the possible risk if being involved in Money Laundering
and other prohibited activities which is kept internal.
5.10. Please be advised that our we have designated compliance representative whose duty is to ensure
the effective implementation and enforcement of the AML/KYC Policy and he can contact You on our behalf.
6. GAME RULES.
6.1. All Tournaments will be governed by these Terms along with any specific rules applicable and
which can be viewed in the exact Game. It shall be note, that different Games may prescribe different
conditions for Tournament’s creations. Such rules may, but not limited to, include provisions regarding
Entry Fees (certain price for participation in Paid Tournaments), the numbers of Users in the Tournament,
duration, distribution of prizes, specific conditions, etc. Thus, by making a commit into any of the available
Tournament in any Game available on the Platform despite its exact type, You acknowledge and assure
Company, that You have read and understood in full all the Terms and rules regarding the Tournament
6.2. In addition to provisions, mentioned in the Section 3 of present Terms, prior to making any
withdrawal (or during any other timeline deemed necessary or fit), We reserve the rightto conduct
internal checks and investigation regarding Tournaments, in which User took participation
(Checks). In case We find out, that User has violated present provision or any other relevant provision of
these Terms, We reserve the right void the Tournaments result and refuse to pay out Winning Amount.
Company also retains the right to take any further action to protect its legitimate interests and to comply
with other laws and regulations and in the present Terms.
6.3. Company will never question You about the relevance of the Tournaments You wish to enter and
will not be held responsible for the possible mistakes that could have been made when entering such
6.4. During creation of Tournament, Users are able to set the rules for it such as amount of Entry Fee,
winning conditions, and etc. All conditions can be viewed in prior by other Users before entering into them.
6.5. Winnings will be transferred to the Balance after the final winning result(s) is/are confirmed.
However, Company reserves the right to set aside any Winnings should there be investigations into the
result of a Tournament resulting from a suspicion of undue manipulation, cheating or criminal activities
that may have affected the result. If the irregularity is confirmed, Company retains the right to declare void
any related Winnings as well as Entry Fees;
6.6. Currently, there are two types of Tournaments available for participation:
6.7. FREE TOURNAMENTS:
6.7.1. These Tournaments are solely played for the fun purposes. Only Tokens can be used as Entry
Fee, which are acquired by Users for free for completing certain activities or by winning Free
6.7.2. Users can cancel the Tournament if other Users have not yet connected or in other cases as
is prescribed in the Game.
6.7.3. Tokens are as well used for paying of the Winnings for the User who successfully completes
the Tournament conditions.
6.8. PAID TOURNAMENTS:
6.8.1. Participation in these types of Tournaments allows to compete in Tournaments which offer
money prizes, but require payment of the Entry Fee for participation, which is not a bet and
always used partially or in full as a part of the Prize Pool (Entry Fees of all Users competing
in the respective Tournament).
6.8.2. Company charges commissions from the Prize Pool amount of which depends from the Entry
Fee amount and other conditions.
6.8.3. To participate in any Paid Tournament, You have to commit for the Tournament and pay the
required Entry Fee. After successful Challenge commitment, You will also see a relevant
notification and can proceed with playing.
6.9. The Platform may also have some specific events and offers. Rules of such events and offers shall
be prescribed in the relevant notifications, published on the Website;
6.10. If You suspect that any User or third party may be cheating by undertaking one of the following
reportable actions listed below (or listed in the Section 1 of these Terms), You shall report such activity to
Our Support Team by sending an email to Us or to contact Us via chat as soon as reasonably practicable.
Reportable actions include, without limitation:
6.10.1. Colluding with other third parties;
6.10.2. Using unfair external factors or influences;
6.10.3. Entering into Tournaments through unauthorized methods;
6.10.4. Undertaking fraudulent activities to their advantage and the disadvantage of other Users.
6.11.1. Aside aforementioned commissions for the deposits and withdrawals (if any)
Platform charges the certain fee in the % from the Prize Pool which is equal to 5 %.
7. LIMITATION OF LIABILITY.
7.1. Disclaimer of Warranties. Users expressly acknowledge and agree that use of the Services is at
their sole risk. Users further acknowledge and agree that the Services are provided on an “AS IS” and “AS
AVAILABLE” basis. Neither Company nor any of its parents, subsidiaries, Affiliates, licensees, licensors,
contractors, agents, content providers, vendors, component suppliers (both hardware and software),
and/or any third party who provides products or services purchased from or distributed by Company as
well their respective officers, directors, members, managers, representatives, agents, employees, investors
or the like (collectively “Winpeak Providers”), warrant Services offered by Us, Affiliates or third-parties
services providers will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard
loggers, spyware, adware, malware, harmful or malicious code, or free of other defects.
7.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WINPEAK PROVIDERS DISCLAIM
ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED AND STATUTORY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY, INTELECTUAL PROPERTY RIGTHS REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. COMPANY PROVIDERS MAKE NO REPRESENTATIONS
TO THE OPERATION OF THE SERVICES, SECURITY OF THE SERVICES, AVAILABILITY OF ANY GOODS,
SERVICES OR OFFERINGS OFFERED ON OR THROUGH THE SERVICES, WEBSITE OR THE INFORMATION,
CONTENT, SERVICES, GAMES, MATERIALS OR PRODUCTS, INCLUDED ON OR THROUGH THE SERVICES.
NEITHER COMPANY AND IT’S AFFILATES, NOR ANY WINPEAK PROVIDERS MAKES A WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY,
RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICES, PROVIDED ON OR
THROUGH THE SERVICES.
7.3. NEITHER COMPANY, NEITHER THE WINPEAK’S PROVIDERS GUARANTEE THE CONTINUOUS,
UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES OR ANY ASPECT THEREOF. THE OPERATION OF
THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF
COMPANY AND THE WINPEAK PROVIDERS. YOU UNDERSTAND AND AGREE THAT NEITHER COMPANY
NOR THE WINPEAK PROVIDERS SHALL BE LIABLE TO USERS FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF INCOME, LOSS OF DIRECT OR INDIRECT PROFITS, LOSS OF GOODWILL, LOSS OF
DATA, LOSS OF CONTRACTS, ANY LOSS OF MONEY, ANY LOSS OR DAMAGES ARISING FROM OR
CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, LOSS OF USE, OR OTHER INTANGIBLE LOSSES,
WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE (EVEN IF COMPANY OR THE WINPEAK PROVIDERS HAD BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
7.3.1. THE USE OR THE INABILITY TO USE THE SERVICES;
7.3.2. UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS OR DATA;
OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR
THROUGH THE SERVICES; OR
7.3.3. ANY OTHER MATTER RELATING TO THE SERVICES.
7.4. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND REGARDLESS OF
THE FORM OF THE ACTION, COMPANY’S LIABILITY TO USERS FOR ANY CAUSE WHATSOEVER WILL AT
ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY SUCH USER TO COMPANY FOR USE OF THE
SERVICES DURING THE TERM OF THEIR REGISTRATION. BUT UNDER NO CIRCUMSTANCES WILL
COMPANY BE LIABLE TO YOU FOR DAMAGES ARISING OUT OF THE USE OF OUR WESBITE, OR SERVICES
EXCEEDING USD 1000.
7.5. IN THE EVENT THAT A USER RESIDES IN A JURISDICTION THAT DOES NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO
SUCH USER OR APPLY IN RESTRICTED MANNER.
7.6. INDEMNIFICATION. You hereby agree to fully indemnify and hold harmless the Company., its
directors, employees, partners, affiliates, and any other Winpeak Providers for any cost, expense, loss,
damages, claims and liabilities howsoever caused that may arise in relation to Your use of the Website and
or offered Services.
7.7. We provide our Services exclusively for consumer use. We are not responsible for business losses.
7.8. We are not liable for any possible financial damage arising from the use of the Website.
8. SYSTEM FAILURE AND INTERRUPTIONS IN PLAY.
8.1. In the event of malfunction on our Service or Games, all Entry Fees made during such period shall
be cancelled and returned to our Users.
8.2. Any win during technical issues shall be void. If as a result of a technical failure You received funds
that do not belong to You (wrongful Winnings), please, contact our Support Team.
9. FORCE MAJEURE.
We are not responsible for any problems or delays in operation of our Services that arise as a result of force
majeure, because force majeure is not subject to our influence, despite the steps We take to prevent it. The
events that shall be deemed as a force majeure under these Terms are the following: natural disasters, lack
of power supply due to its sudden disconnection, failure in the provision of telecommunications service,
action, termination or inaction of any government or authority, any other delays or failures by our
contractors or other third parties. We are not responsible for any loss or damage incurred in connection
with such events. We reserve the right to suspend provision of Services until elimination of problems
connected with operation of our Services caused by force majeure, with no liability incurred.
EXTERNAL SITES AND OTHER CONDITIONS.
10.1. You must take care of the security of Your computer or mobile device.
10.2. The Website and the Services may contain links to websites and third-party content,
advertisements, promotions, logos and other materials ("Third-Party Content"). We make no
representations or warranties of any kind regarding Third-Party Content, and not responsible for any of
the content on third party websites linked to the Website.
10.3. When using the Services or prior to using them, it also may be necessary for You to use Your own
software and/or that provided by third parties (“Software”). You may be required to enter into end user
terms and conditions of use in respect of such Software in order to make use of such Software. The terms
upon which You may download and use any such Software will be made available to You at the time of
download and must be accepted by You prior to Your use of such Software. You should familiarize Yourself
with the applicable end user terms and conditions of use.
11.1. In the event of a dispute, English version of these Terms shall prevail.
11.2. We reserve the right to suspend, limit or block access to Your Account at any time with respect to
conditions, which are set it these Terms.
11.3. We reserve the right to block Your Account with possible confiscation of funds on Your Account, if
according to our proceeding regarding Your particular case, We can assume that You have violated these
Terms, with respect to conditions, which are set it these Terms.
11.4. Nothing in these Terms shall be construed as creating any form of a common enterprise between
You and Company.
12. NOTIFICATION ABOUT RISKS.
12.1. The User understands and accepts the risks in connection with use of the Services, Platform set
forth above and hereinafter. In particular, but not limited, the User understands the inherent risks listed
12.1.1. Risk of software weaknesses. The User understands and accepts that the Winpeak
Platform concept, and software Platform is still in development stage and finally unproven,
why there is an inherent risk that the software could contain weaknesses, vulnerabilities or
bugs causing, inter alia, different bugs, errors and etc;
12.1.2. Regulatory risk. The User understands that regulation of skilled-based gaming is also
unclear and uncertain, considering this, in future some courtiers may implement legislation
updates, directly inflicting the process of Services provision or availability of Services in
12.1.3. Risk of theft. The User understands and accepts that the Platform concept, the underlying
software application and software platform may be exposed to attacks by hackers or other
individuals that that could result in temporary loss of fund from Balance, other hacks.
12.1.4. Unanticipated risks. Unfortunately, Company cannot foresee all possible risks, which
may inflict Us. Risks may further materialize as unanticipated, as this factor has to be
considered by Users.
13. FEES AND TAXES.
13.1. The User is fully responsible for paying all fees and taxes applied to their Winnings according to
the laws of the jurisdiction of User’s residence.
13.2. In countries where the report of Winnings and losses is legally prescribed by legal authority or
financial institution, the User is responsible for reporting his/her Winnings and losses such authorities.