TERMS AND CONDITIONS OF USE

Last updated: 18th January 2023

These terms and conditions of use (“Terms of Use”) and any amendments and restatements hereof (the “Agreement”) along with other policies available on our platform forms a legally binding agreement between You and HBI Technology Limited, an affiliate of ADG Technology, Inc. (d/b/a Carry1st) (collectively referred to “Carry1st ”, “Our”, “We”, “Us”). 

By playing the Mobile Games, registering on, browsing, downloading, using or accessing any of the associated services on the platform (the “Platform”), you hereby acknowledge that you have carefully and thoroughly read, understand, and accept all of the terms and conditions contained in this Agreement including our Privacy Policy. By playing the games, You also agree to be bound by Carry1st’s Terms of Use. In addition, You agree to be bound by any additional terms and conditions relating to promotions, bonuses and special offers which may be found on the Platform or communicated to You from time to time.

If You do not agree with any part of these Terms of Use or/and Privacy Policy, kindly refrain from playing any Mobile Games or otherwise using Our services on the Platform. 

We reserve the right to update, revise, modify, or otherwise, reissue these terms. We may post a notice on the Platform or when you use the Services, and you can see when these Terms were last revised by referring to the “Last Updated” legend above. It is your responsibility to inform yourself regarding the terms, as well as being familiarized with the modifications that affect or will affect you. Your continued use of the Services after any amendment to this Agreement constitutes your acceptance of the Agreement as modified by such amendment.

1. INTRODUCTION

1.1. Carry1st operates a mobile gaming application, which offers various skill and learning based digital games developed by itself or Third-Party Game Developers and other promotional and interactive features (collectively “Services”). 

1.2 . Capitalized terms used herein but not defined shall have the meanings ascribed to them under section 1.9 (Definitions and Interpretation) of this Agreement.

1.3 . This Agreement shall apply to all Persons who visit the Platform or create a player Account including any contributors of content over the Platform, and/or any third party interacting with Carry1st, directly or indirectly in official capacity or having/intending to have business or commercial relationships with Carry1st, whatsoever (the “Users”, “You” or “Your”) as applicable.

1.4. Definitions 

1.4.1 . “Agreement” shall mean these Terms of Use, the Privacy Policy and any other rules or policies available on the Platform including all other additional or modified terms and conditions and policies in relation to the Platform or any current or future services that may be offered by Carry1st. 

1.4.2 . “Applicable Law” means all laws, statutes, common law, regulations, ordinances, codes, rules, guidelines, orders, permits, tariffs, and approvals, including those relating to health and safety, of any governmental authority or self-regulatory guideline that may apply to the Users or is related to the subject matter of this Agreement as applicable in Nigeria.

1.4.3 . “Contest” is a skill-based competition offered by Carry1st on the Platform in which Users compete either in a tournament or 1v1 battle by playing the Mobile Games on the Platform. Contests can be either ‘paid’ or ‘free to play’. Paid Contests require the Users to pay a Designated Amount for participation, whereas free to play Contests are open to all Users without requirement of any monetary payment.

1.4.4 . “Balance” is the credit (available in the form of in-app currency) available in an Account and includes amount added by a User through Deposits or/and earned through Winnings by participating in Contests on the Platform. 

1.4.5 . “Deposit” is the amount added by the User to his/her Account through his/her preferred payment mode. 

1.4.6 . “Designated Amount” refers to the amount which Users pay either in the form of cash Balance available in their Account to participate in a Contest on the Platform as their respective contribution to the Prize Money Pool.

1.4.7 . “Mobile Games” refers to the digital games of skill including fantasy games available on the Platform developed by Carry1st or any Third-Party Game Developers.

1.4.8 . “Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under the Applicable Law.

1.4.9 . “Prize Money Pool” is the actual or projected amount that is to be distributed amongst the winner(s) of the Contest and is declared at the start of the Contest.

1.4.10. “Sponsored Content” means content distinct from other regular editorial content provided by and displayed on the Platform in the form of audio, video, text and/or image media which supports a third party’s brand message, promotional offers, discounts and/or views that are readily identifiable to belong to a third-party upfront through distinct and distinguishable font, color, display schemes and/or usage of disclaiming words (such as “Ad”, “Powered by”, “Sponsored by”, “With”, “Advertorial” and such other phrase of similar meaning).

1.4.11 . “Sponsored Content Partner” means a User engaged with Us for the display of Sponsored Content on the Platform.

1.4.12 . “Third Party Game Developer” refers to any Person (natural or juristic) whose Mobile Game is available on the Platform.

1.4.14 “Winnings” are awards given to one or more User(s) as per pre-declared format as a distribution of the Prize Money Pool for winning and/or ranking as a top-performer in a particular Contest on the Platform.

2. ELIGIBILITY

2.1. Any browsing, registering, downloading, using, or accessing by any Person of any part of the Platform or utilization of any of the services offered by Carry1st will be deemed to constitute a legal contract between the User and Carry1st.

2.2. By accepting these Terms, you represent and agree that you:

1. are a natural person who is at least 18 years old or the age of majority in your jurisdiction, and who is personally assigned to the registration details provided when setting up your account;
2. are domiciled  in a jurisdiction in which your use of the App  is permitted and unrestricted by that state or country’s laws;
3. at all times, will abide by these Terms. We do not provide our services to minors. The Platform should not be used, installed, or played by any Person under the age of 18 years.

2.3. The Mobile Games and the Services available on the Platform are open only to Users currently residing in Nigeria. 

2.4. Only those Users who have successfully registered on the Platform in the manner prescribed in section 3 (Nature and Use of the Platform), and who utilize the services of the Platform in accordance with the Agreement including these Terms of Use, shall be eligible to use the Platform.

2.5. Certain services being provided on the Platform may be subject to additional conditions or rules applicable to a particular Mobile Game or Contest in that respect (“Game Terms”). Such Game Terms are deemed to be incorporated herein by reference. Users must agree to these Game Terms before playing any such Mobile Game or Contest on the Platform. To the extent that these Terms of Use are inconsistent with Game Terms, the Game Terms shall prevail.

2.6. Carry1st reserves the right to suspend or close a User’s Account with or without notice if it is discovered that any of the above requirements are not met. 

3. NATURE AND USE OF THE PLATFORM 

3.1. Carry1st provides the Platform to You on which You can play Mobile Games. The Platform is designed to provide You an in-app browsing experience through an embedded browser. These Mobile Games run online over the Platform and do not have to be separately downloaded or installed.

3.2.You may register by approving and agreeing to this Agreement and providing Your registered mobile phone number on the Platform. You will be verified by using a one-time password (“OTP”) system. Upon successfully verifying the OTP, a deposit cash and winnings cash account will be created for You (“Account”).

3.3. By registering for an Account, You represent, warrant, and agree that:

a) You fulfill the eligibility criteria as detailed in section 2 (Eligibility); 

b) You are using Your actual identity and the mobile phone number you have provided is registered in Your own name;

c) You will provide only true, accurate, current, and coCarry1stete information about Yourself, including optional information such as Your profile photograph, cover photograph, user-id, biograph, audio status etc., on the Platform (“User Details”); 

d) You will maintain and promptly update the User Details and other information that You provide on the Platform to keep it true, accurate, current, and coCarry1stete.

3.4 . The Users acknowledge that their User Details will be accessible to other Users on the Platform and shall be available for Carry1st to create promotional and interactive content over the Platform.

3.5. Your Account is for Your personal use only. You shall not impersonate someone else. By creating an Account after providing a mobile phone number and verifying it using an OTP, You represent, warrant, and agree that You are authorized to use the Platform and will abide by the Agreement. 

4. PRIVACY

4.1. You are responsible for maintaining the confidentiality of passwords associated with any device You use to access the Platform. Accordingly, You are solely responsible for all activities that occur with Your device. If You become aware of any unauthorized use of Your device, You are required to notify the relevant authorities as soon as possible.

4.2.By visiting the Platform and creating an account on the Platform, You grant Carry1st and its group companies your irrevocable and informed consent to use your profile name, profile picture, and Winnings in a Contest and/ or Winnings in total on the Platform (“Your Profile Information“) for advertisements, promotions, offers, and any other sponsored content that Carry1st and its group companies may display on the Platform or any other marketing channels, including its digital channels, television, print and publication, without requiring any further consent from You and without being required to pay any compensation to You.

4.3.You further grant to Carry1st an exclusive, transferable, sub-licensable, royalty-free, and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works from Your Profile Information.

4.4.You understand, represent, and accept that Your Profile Information or any related materials will not violate the rights of any third-party rights or give rise to any claim that another party’s rights have been or will be violated as a result of Carry1st’s use or publication of Your Profile Information. You understand and agree that You will be liable to Carry1st for any damage or cost (including reasonable attorney fees) it may suffer arising out of its use of Your Profile Information. You also understand that you will not be entitled to receive any royalties for the use of your Profile Information by or through Carry1st.

4.5. You understand and grant to Carry1st, its subsidiaries, affiliates, successors, and those acting with its authority, with respect to Your Profile Information all copyrights and derivative rights in Your Profile Information and a non-exclusive, perpetual right to use, publish, re-publish, or reproduce Your Profile Information by any means Carry1st L sees fit for the purposes stated above.

4.6. By using the Platform, you irrevocably waive any claim against Carry1st relating to the use of Your Profile Information and promise not to bring any such claim or action in the future. You also waive any right to inspect, modify, approve, or disapprove the content, layout, representation, presentation, or other aspect of Your Profile Information as recorded by Carry1st during your use of the Platform.

4.7. Notwithstanding anything to the contrary herein, the Users acknowledge and agree that they shall have no ownership or other interest in their Account, and further acknowledge and agree that all rights in and to their Account are and shall forever be owned by and inure to the benefit of Carry1st.

4.8.The Users also accepts to receive news, updates, offers/campaign related SMS, to the mobile phone number provided by the User, except when prohibited under Applicable Laws.

5. PLATFORM FEE INFORMATION

5.1. Carry1st charges a Platform Fee from the User(s), for making available its e-platform where various games of skill & other content are available and providing the service to the Users to participate in those games of skill or consume the content as offered.

5.2. The Platform Fee for all the products/games is a fixed rake % of the Designated Amount and is between 0% and 33% and under extreme exceptional cases may go beyond this range.

5.3. Carry1st, in accordance with the Terms & Conditions of the Bonus Program, may give a Discount in the Platform Fee and thus the Designated Amount shall be accordingly recovered from the User’s Cash Balances.

5.4. Carry1st charges a ‘Processing Fee’ from the User(s) for facilitating withdrawal of Winnings through various modes including but not limited to Bank Account and UPI.

6. GAMES OF SKILL

6.1. The Mobile Games hosted by Carry1st on the Platform are all Games of Skill (defined below). Different Mobile Games will reward different skills, but each game will reward certain skills, such as knowledge of the game, familiarity with rules, experience, reflexes, experience, practice, hand-eye coordination etc. Certain games may have predetermined outcomes (Sudoku, Crosswords, Brick Breaker), which are achievable by the Users using their skills to play the games.

6.2.Users must note that all Mobile Games available on the Platform are games where the success or/and performance of the Users depends predominantly upon their superior knowledge, training, attention, experience, and adroitness (“Games of Skill”) in playing the game. 

6.3.Carry1st reserves the right to monitor all activities from the User’s Account on the Platform. If any User participates in any Contest or Mobile Games in violation of any central and/or state law(s) in Nigeria, Carry1st reserves the right to cooperate with law enforcement agencies of the relevant state and report such participation or/and suspicious activity along with all relevant details of the concerned User. 

6.4.Carry1st does not support, endorse, or offer any User ‘games of chance’ for money. Each Mobile Game and Contest available on the Platform has clearly defined rules and code of conduct. All Users are encouraged to read, understand, and follow these rules to be successful in these games. Carry1st shall not be liable if Users do not adhere to the Game Rules or otherwise engage in gambling or betting activities on the Platform.

7. SAFETY PRECAUTION AND RESPONSIBLE GAMING

7.1. Carry1st suggests that Users adopt a balanced approach while engaging with any of the Mobile Games on the Platform and safeguard themselves against any adverse effects. If played responsibly, Mobile Games (like other forms of sports) aim to encourage Users to develop their mental prowess, hand-eye coordination, competitiveness and encourage teamwork.

7.2. You should take certain standard health and safety precautions while playing any Mobile Game, including taking adequate breaks, sitting at a reasonable distance from the screen, playing in a well-lit environment, and avoiding playing when tired, drowsy, intoxicated or under the influence of drugs Avoid playing without breaks over long periods of time as this could affect Your performance and could negatively impact hand-eye coordination, balance, and multi-tasking ability.  

7.3. The Platform or the Mobile Games offered on the Platform may contain flashing lights, realistic images, patterns, and simulations which may cause certain side effects. If Your hands, wrists, arms, eyes, or other parts of Your body become tired or sore while playing, or if You feel symptoms such as tingling, numbness, burning or stiffness, stop and rest before playing again. If You continue to have any of these above symptoms, please stop playing IMMEDIATELY and consult a doctor.

7.4. If You play any Mobile Games on the Platform, give Yourself plenty of room to play and always be aware of Your surroundings. While playing any Mobile Game You may be moving around the play area and using Your hands to control gameplay. You must ensure that You are not near other people, objects, stairs, balconies, windows, walls, furniture, or other objects that may pose a danger to You or could be damaged during the play. Never handle sharp or dangerous objects while playing any Mobile Game on the Platform.

7.5. It is Your responsibility to control Your surroundings and movements at all times when playing the game to ensure that You don’t injure Yourself, any other persons, damage any property etc. Any playing of the Mobile Games is at Your own risk and Carry1st shall not be liable for any death, injury or health conditions resulting from Your use of the Platform.

7.6. You agree that Your use of the Platform and to play the Mobile Games is at Your own risk, and it is Your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as You deem reasonably necessary for any injuries that You may incur while using the Platform.

8. COMMUNITY RULES AND CODE OF CONDUCT 

8.1. Carry1st may provide Users with different communication channels such as forums, live audio sessions, live audio chat with other players participating in any Contest, community groups, chatrooms, or chat areas (“Communication Facilities”) designed to enable You to communicate with other Users on the Platform. 

8.2.Carry1st only provides Users with the technical environment for an exchange of information. Carry1st does not initiate, select the receiver and/or modify any information exchanges between the Users through the Communication Facilities. Further, Carry1st has no obligation to and does not monitor these Communication Facilities except  when required to do so under the provisions of Applicable Law

8.3.The User may use the Communication Facilities as made available to them by the Platform. Carry1st may provide certain additional features or Communication Facilities to a select group of Users at its sole discretion. The Users do not have the right to claim any Communication Facilities on the Platform.

8.4.Carry1st may enable audio sessions and live chatrooms on the Platform for the Users from time-to-time. These sessions or/and chat rooms will be conducted by other users to (i) organize training; (ii) provide tips to play Mobile Games; (iii) provide educational content; or (iv) conduct other interactive sessions on the Platform. The sessions or/and chat rooms may have an open entry or may be restricted to a limited number of Users at Carry1st’s sole discretion. Users might be required to pay an ‘Access fee’ to participate in any of these live sessions or/and chat rooms hosted by Carry1st on the Platform. 

8.5. You understand that, by using these Communication Facilities, You may be exposed to communications (including in written, verbal, electronic, digital, machine-readable, or other form) that You might find objectionable. You understand that any content sent or appearing through the Communication Facilities is the sole responsibility of the User(s) transmitting such content and Carry1st is not liable for any content posted on the Communication Channels.

8.6.Under no circumstances will Carry1st or its third-party providers shall be liable for any errors, objections, or omissions in any content or for any loss or damages of any kind incurred as a result of the content posted on its Platform.

9. RESTRICTIONS ON YOUR USE OF THE PLATFORM

9.1. You will not use the Platform, or any content provided thereof for any purpose that is illegal, unlawful, or prohibited by this Agreement or under Applicable Law.

9.2. You will not use the Platform, or any content provided thereof:

9.2.1. to host, display, upload, modify, publish, transmit, update, or share any information that belongs to another Person and to which the User does not have any right to; 

9.2.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging,

9.2.3. that is relating to or encourages money laundering or gambling, or is otherwise unlawful in any manner whatsoever;

9.2.4. that harms minors in any way;

9.2.5. that infringes any patent, trademark, copyright, or other proprietary rights; violates any Applicable Law for the time being in force; 

9.2.6. that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

9.2.7. which impersonates another Person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of the Platform or  any other computer resource;

9.3. You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Platform or any component or content thereof, available to third parties without the permission of Carry1st.

9.4. You will not circumvent or disable any digital rights management, usage rules, or other security features of the Platform; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Platform; and not use the Platform in a manner that threatens the integrity, performance, or availability of the Platform.

9.5. You will not attempt to or engage in any activity that may:

9.5.1. reverse engineer, decompile or otherwise extract the source code related to the Platform or any part thereof, unless it is expressly permitted by Carry1st to You in writing or is required by the Applicable Law;

9.5.2. use any robot, spider, retrieval application, or other device to retrieve or index any portion of the Platform or content thereof;

9.5.3. collect information about Users for any illegal or unlawful purpose;

9.5.4. create any Account by automated means or under false or fraudulent pretenses for using the Platform;

9.5.5. transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Platform;

9.5.6. use the Platform in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Platform, or interfere with any other Users’ use and enjoyment of the Platform;

9.6.If We detect any activity from Your User Account that is fraudulent, suspected to be defrauding the Platform, or if You are found colluding or participating in any kind of fraudulent activity on the Platform in any manner, we reserve the right to deactivate or delete Your Account and all related information on it and forfeit related Balances and/or take any other appropriate action, at our sole and absolute discretion, in the event of any fraudulent, illegal or suspicious activities from Your Account on the Platform.

9.7 Funding Accounts: If you play games integrated in a Competition without depositing Nigerian Naira into your Account for that Competition, then you are a “Non-Cash User” with respect to such Competition. However, if you play in a Cash Competition that requires an entry paid in Nigerian Naira, then you are a “Cash User”.

The funds in your Account will be held as “Deposit Cash” in your MPL Wallet. An account may be funded with “Deposit Cash” in one of two ways:
(1) by a “Cash User” who deposits Nigerian Naira into the user’s Account; or
(2) by MPL, which may, from time to time and in its sole discretion, credit Deposit Cash into your MPL Wallet.

If MPL credits Deposit Cash into your MPL Wallet, that Deposit Cash credit will be available for use only after the funds deposited by a ‘Cash User’ have been fully utilized. Unless otherwise specified at the time, any Deposit Cash that is credited by MPL to your MPL Wallet will automatically expire after two weeks from the date of credit.

10. REFERRAL PROGRAM 

10.1.Carry1st may offer referral programs (“Referral Program ”) on the Platform to allow all its Users to receive certain rewards in the form of Tokens or cash (”Rewards”) for each player that they refer to play on the Platform. 

10.2.All active Users of the Platform are eligible to participate in the Referral Program except in cases where an Account has been suspended or has otherwise been disallowed by Carry1st from participation in the Referral Program.

10.3. Only ‘successful referrals’ will be counted and eligible to receive the Rewards. A successful referral is an event in which a new User will register on the Platform and complete the sign-up by clicking on the referral link of the referrer or by putting the referrer’s unique referral code.

10.4. Criteria to use the Rewards – The User will be able to use only a certain percentage of the cumulative Rewards (as permitted by Carry1st from time to time) reflecting in his/her Account to join any of the upcoming tournaments on the Platform.

10.5. The following additional terms applicable to all Referral Programs: 

10.5.1. The nature and value of Rewards to be credited will be based on the Referral Program offered by Carry1st at any given point in time to an individual User.

10.5.2. Referral links will be generated from each User’s Account on the Platform.

10.5.3. Rewards and their types are subject to change at Carry1st’s discretion without notice.

10.5.4. Users found to have been committing fraud will be blocked from the Carry1st platform.

10.5.5. The reward amount/type is based on the applicable reward on the day a user’s referral signs up on the platform.

10.5.6. A user can refer up to 1000 friends.

10.5.7. Carry1st reserves the right to change rules and regulations without notice.

10.6. Disqualification from Referral Programs:

10.6.1. Users will not receive credit for referring to themselves by creating multiple Accounts.

10.6.2. Carry1st reserves the right, in its sole discretion, to suspend or disqualify an Account from the Referral Program or nullify the referral Rewards.

10.7. Users are responsible for paying any and all taxes or commissions related to the Rewards earned by them through the Referral Programs on the Platform. Carry1st reserves the right to withhold taxes as appropriate and as required under Applicable Laws.

11. INDEMNIFICATION

11.1 You shall defend, indemnify, and hold Carry1st, and its officers, directors, employees, representatives, and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fee that may result from or alleged to result from (a) Your use of the Platform or any content thereof, including the Mobile Game; or (b) Your breach of any rules, regulations and/or orders under any applicable law.

11.2. You are also responsible for any breach of Your obligations under the Agreement and/or for the consequences of any such breach.

12. TERMINATION 

12.1 . Your access to the Platform may be terminated if:

12.1.1. You voluntarily uninstall the Platform from Your device;

12.1.2. You knowingly or unknowingly cause direct or indirect breach, as ascertained by Carry1st, of these Terms of Use or Privacy Policy as a whole or in part; or

12.1.3 . You do not pay the requisite fee, if any, should Carry1st charge for use of the App.

12.2 . We may have to terminate Your access to the Platform if:

12.2.1. We are required to do so by law (for example, where the access to and/or provision of the Platform to You becomes, unlawful);

12.2.2. The third-party Person, with whom We offered the Platform to You has terminated its relationship with Us or ceased to offer the related services to Us or to You;

12.2.3. The provision of Platform to You, is no longer commercially viable or feasible for Us; or

12.2.4. You are a repeat infringer of this Agreement.

12.3. We may terminate this Agreement at any time, with or without notice and may disable Your access to the Platform and/or bar You from any future use of the Platform.

12.4. You may terminate this Agreement at any time by terminating Your access to the Platform. However, certain obligations of Yours under this Agreement shall continue to prevail even on such termination.

12.5. When this Agreement comes to an end, all of the legal rights, obligations, and liabilities that You and Carry1st have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations, and liabilities indefinitely.

13. DISCLAIMER OF WARRANTIES 

13.1. To the fullest extent permissible under applicable law, our services and website are provided on an “as is,” and “as available” basis, without warranties of any kind. No warranty of any kind, express, implied, or statutory, including implied warranties of condition, uninterrupted use, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice, is given in conjunction to website, services, or any software or tools contained in website and services and in general.

13.2. We do not warrant that the service or website will be error-free or uninterrupted or that any defects will be corrected in reasonable time. You acknowledge that your use of our Services is at your sole risk.

13.3. We do not guarantee the confidentiality or privacy of any communication or information transmitted through services, on the website or any site linked to the website. We will not be liable for the privacy or security of information, e-mail addresses, registration, and any identification information (if applicable), disk space, communications, confidential or proprietary information, or any other content transmitted to us in any manner, or otherwise connected with your use of our Services or the application. 

13.4. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software.

13.5. Carry1st, its officers, directors, employees, affiliates and agents and any other service provider(s) responsible for providing access to the Platform in connection with this Agreement will not be liable for any acts or omissions, including of a third party Person, and including those vendors participating in Carry1st’ offerings made to You, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties Persons, or for damages that result from the operation systems, equipment, facilities or services provided by third parties Persons that are interconnected with Carry1st.

13.6. We may stop provision of the Platform (or any part thereof), permanently or temporarily, to You or to Users generally or may modify or change the nature of the Platform and/or these Terms of Use at Our sole discretion, without any prior notice to You. Your use of the Platform following any such modification constitutes Your deemed acceptance to be bound by the Agreement (or as it may be modified).

13.7. You agree that You are responsible for all data charges You incur through use of the Platform.

14. SPONSORED CONTENT 

14.1. You agree and acknowledge that Carry1st may, pursuant to its engagement with certain Sponsored Content Partners, place certain Sponsored Content on, about, or in conjunction with the other content within the Platform. The manner, mode, and extent of display of such Sponsored Content is subject to change without a specific notice to You. We don’t promise to but will try Our best to give You a prior notice in this regard.

14.2. The content displayed on the Platform is for Your non-commercial and personal use. However, Sponsored Content Partners may use the Platform to display their respective Sponsored Content for commercial purposes. You are not allowed to copy, reproduce, alter, modify, create derivative works of, or publicly display any content displayed on the Platform.

15. LIMITATION OF LIABILITY 

15.1. Your use of the Platform, or any content, including Mobile Game, available thereof is entirely at Your own option and risk and We shall be held harmless and not be liable for any direct, indirect, incidental, consequential, special, exeCarry1stary, punitive, monetary or any other damages, fees, fines, penalties, or liabilities whatsoever arising out of or relating to Your use of the Platform or any content thereof, including Mobile Game. To the maximum extent permitted by Applicable Law, Our total liability to You for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the Balance in your Account.

15.2. You may terminate Your access to the Platform if You are not satisfied with the Platform or any Mobile Games.

16. FORCE MAJEURE 

Carry1st shall not be liable for any damages whatsoever arising out of Force Majeure Event or other similar circumstances, directly or indirectly to the Users as a result of playing Mobile Games or using the services offered by Carry1st on the Platform. A Force Majeure Event is a real or potential labor disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network that affects the Company’s ability to offer the services or/and the Mobile Games on the Platform. Force majeure or other event beyond Carry1st’s control hindering or delaying the maintenance of the Platform entitles Carry1st to suspend or limit the Platform until further notice.

17. APPLICABLE LAW 

17.1. You understand and accept that we are unable to provide you with any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to play the games on our application. Any participation in the games is at your sole option, discretion, and risk. By playing the games, you acknowledge that you do not find the games or any other services available on the Website to be offensive, objectionable, unfair, or indecent in any way. 

18. ACCOUNT DELETION 

18.1. You can delete Your Account at any time by following the process provided on the Platform (‘Account Deletion’).

18.2. Once You opt for Account Deletion on the Platform, we will process this request as per the timeline communicated to you at the time of submission of the Account Deletion request. In all cases, we will confirm our acceptance of the Account Deletion request within 12 hours of making the request, and Your Account will be deleted within 15 days of acceptance. 

18.3. Please note that Account Deletion is irreversible. Once deleted, Your Account cannot be retrieved even if you want to come back onto the Platform or have deleted the Account by accident, including if Your Account has been hacked / You have lost control of Your Account. 

18.4. Please note that any Winnings that are not withdrawn from Your Account will lapse after Your Account Deletion – please ensure that any Winnings in your Wallet are withdrawn from Your Account prior to opting for Account Deletion;

18.5. Here is what happens to Your Profile Information once Your Account is deleted, which will also have to be read with our Privacy Policy:

18.5.1. The record of Account(s) that You follow, as well as the Account(s) that follow you will be permanently deleted;

18.5.2. Subscriptions or additional services, if any, will lapse immediately;

18.5.3. Any Bonus Coins credited in a User’s Bonus Wallet will be valid for a period of 7 days after which it would automatically expire;

18.5.4. Any Deposits left in Your Account at the time of deletion will be credited to the original payment method. The Deposits will be credited via the same payment instrument(s) as the ones used for depositing cash in Your Deposit Wallet. It is clarified that if the payment instrument associated with Your Account has expired, then such Deposits will be forfeited to Us. We recommend that You update the payment method prior to submitting a deletion request; Subject to 18.4 above, any Winnings (including bonus cash, tickets, cashback) left in Your Account at the time of deletion will lapse after deletion of Your Account;

18.5.5. Once Your Account is successfully deleted, You will not be able to make a new account on the Platform using the same login details.

18.5.6. Details of transactions carried out in Your Account, including KYC verification details and withdrawal beneficiary details, may be retained under Applicable Law, Your gameplay history may be retained as per Applicable Law, including for the purposes listed in section 10 – ‘Compliance, Disclosure, and Notices’.

19. CONTACT INFORMATION

If you have any questions about these Terms or any of the issues covered herein, please contact us via email at legal@mplgaming.com. 

In accordance with the Nigerian Data Protection Regulation, and rules made thereunder, We have a Data Protection Officer (DPO) to address Your concerns regarding data safety, privacy, and the Platform usage concerns including complaints You have against other users on the Platform. You may contact the DPO at  legal@mplgaming.com.

DISCLAIMER

HBI Technology Limited is the owner of, and reserves all rights to the assets, content, services, information, and products and graphics in the website except any third party content.

HBI Technology Limited refuses to acknowledge or represent about the accuracy or completeness or reliability or adequacy of the website’s third party content. These content, materials, information, services, and products in this website, including text, graphics, and links, are provided “AS IS” and without warranties of any kind, whether expressed or implied.