General Terms and Conditions of Business and Use
Welcome to SPITCH! These terms and conditions govern your use of SPITCH. 1 General 1.1 SPITCH is operated by SPITCH Ltd. ("SPITCH"), a company incorporated under Maltese law and registered in Malta. It was registered with the Registry of Companies on 27 November 2018 under registration number C 89594 and has its registered office at No. 2, Geraldu Farrugia Street, Zebbug. ZBG 4351, Malta. SPITCH is licensed and regulated by the Malta Gaming Authority (hereinafter "MGA") since 02/04/2019. On the basis of the licences it holds (MGA/B2C/670/2019), SPITCH is entitled to offer a game of skill (e.g. Daily Fantasy Sports) at all football events taking place worldwide. 1.2 SPITCH offers services on its website, accessible under the domain https://www.spitch.live/ and via the SPITCH app. If the following General Terms and Conditions contain provisions regarding the Website, these shall also apply to the App. 1.3 All SPITCH games played, whether via the Website or the App, are organised, held, received, placed and processed exclusively in Malta. 1.4 By opening an account and by participating in a matchday, you enter into a legally binding contract with SPITCH, which is subject to these Terms and Conditions. 1.5 SPITCH reserves the right to make changes to these general terms and conditions at any time. In the event of a change, you will receive a notification. In this way you will be informed of the changes. In this notification, you must accept the changes to the general terms and conditions of use. If you do not confirm this notification and therefore the changed terms and conditions, you may not continue to use SPITCH. However, you can still pay out existing winnings. The amended terms will become effective within 30 days of notification. It is your responsibility to check the terms and conditions before participating in a matchday. You are advised to print these terms and conditions to avoid future misunderstandings and disputes. 1.6 In particular, SPITCH reserves the right at any time and without stating reasons: to discontinue individual or all services, to reject account opening applications, to block or close accounts. SPITCH shall nevertheless take into account and comply with all obligations already contractually concluded. 1.7 SPITCH assumes no liability for transmission errors of events and results. For its services, SPITCH uses the services of third parties, who have also contractually excluded any liability to SPITCH. Thus, except in the case of intentional or grossly negligent conduct on the part of SPITCH, no claims for compensation exist due to faulty, delayed, manipulated or abusive data transmission on the Internet or other transmission errors of data and results. 1.8 You are not permitted to assign claims you have against SPITCH, whether for payment or free of charge, to pledge or otherwise legally dispose of them. 1.9 Employees of SPITCH and affiliated companies and their relatives are excluded from using SPITCH. 1.10 SPITCH may waive rights from the general terms and conditions of business and use in individual cases. You are not entitled to a waiver of rights in the future. 1.11 All differences of opinion and legal disputes arising in connection with the business relationship shall be governed exclusively by Maltese law, to the exclusion of the referral norms of private international law and the UN Convention on Contracts for the International Sale of Goods. The mandatory consumer protection regulations of the country in which you have your habitual residence are excluded from this choice of law. 1.12 In the event that any of the above and following provisions are invalid in whole or in part, the contract concluded between you and SPITCH remains valid. If individual provisions should be ineffective, the content replacing these provisions shall be governed by the legally permissible provisions that come closest to the ineffective provisions. 1.13 In the event of differences between the German and other language versions of the General Terms and Conditions of Business and Use, the German version shall prevail. 2 Opening of Account and Account 2.1 In order to use SPITCH, you must open an account on our website or in the app. By opening an account, you declare that
- you are not restricted in your legal capacity,
- they are not subject to guardianship,
- you do not use funds derived from criminal activity
- you open the account for your personal use and have no commercial intentions
- you have been informed about and accept SPITCH's current terms and conditions.
- Are you restless and easily irritable when you want to stop playing or reduce it?
- Have you already made several attempts to control, reduce or stop playing altogether?
- Are you often busy playing?
- Do you often play when you are restless?
- Do you try to make up for the losses of a previous gaming session on another day?
- Are you lying to yourself about the extent of your gaming?
- Have you risked or given up an important relationship, your job or your education and career to play?
- Are you dependent on other people and their financial resources to survive a financial shortage caused by gaming?