Terms of Service
Last modified on 03 January, 2024
These Terms of Service apply to our website and its associated subdomains (collectively, our “Service”) alongside our application. These Terms of Service are a contract between you and Farcana (referred to herein as "Farcana", "us", "we" or "our"), the provider of the Service.
By accessing or using our website, application and/or Service, you signify that you have read, understood and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service and/or our Privacy Policy, please do not use Farcana Service.
In these Terms of Service, "you" refers both to you as an individual and to an entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.
General Terms
By accessing and placing an order with Farcana, you confirm that you are in agreement with and bound by the terms contained in these Terms of Service outlined below. These terms apply to the entire website/app and any e-mail or other type of communication between you and Farcana.
If your use of materials from our website results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. Farcana will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the right to change prices and revise these Terms of Service and our Privacy Policy in any moment.
Definitions and Key Terms
To help explain things as clearly as possible in this Terms of Service, every time any of these terms are referenced, are strictly defined as:
- Company: when these Terms of Service mention “Company”, “we”, “us” or “our”, it refers to Farcana Gaming Development Services L.L.C (UAE) that is responsible for your information under these Terms of Service;
- Country: where Farcana or the owners/founders of Farcana are based, in this case is UAE;
- Customer: refers to the company, organization or person that signs up to use the Farcana Service;
- Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit Farcana and use the Service;
- Personnel: refers to those individuals who are employed by Farcana or are under a contract to perform a Service on behalf of one of the parties;
- Service: refers to the service provided by Farcana as described in the relative terms (if available) and on this platform;
- Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners and others who provide our content or whose products or services we think may interest you;
- You: a person or entity that is registered with Farcana to use the Services.
Eligibility
By using our Service and/or accessing our website/app you represent and warrant that you: (a) are over the age of majority and able to enter into a legally binding contract in the country in which you reside; (b) you have full power and authority to enter into this Agreement; (c) have not been previously suspended or removed from using our Service; and (d) have not been placed on any of the sanctions lists published and maintained by the United Nations Organization, European Union, any EU country, UK Treasury and US Office of Foreign Assets Control (OFAC);
If you are using the Service on behalf of a legal entity, you represent and warrant that: (a) such legal entity is duly organized and validly existing under the applicable law of the jurisdiction of its organization; (b) you are duly authorized by such legal entity to act on its behalf; and (c) any beneficial owner of the legal entity, director, employee, service provider or any other individual in any way connected with the said legal entity has not been placed on any of the sanctions lists published and maintained by the United Nations Organization, European Union, any EU country, UK Treasury and US Office of Foreign Assets Control (OFAC).
You must be eligible for the particular Service to the extent it is available in your country. If we present an incorrect country for you or you move countries, then you must correct the country in your account or contact support before using the Service again.
License
Farcana grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the website/app strictly in accordance with the terms of these Terms of Service (hereinafter also – the “Agreement”).
Restrictions
You agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website/app or make the platform available to any third party;
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website/app;
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Farcana or its affiliates, partners, suppliers or the licensors of the website/app.
Identification and Prevention of Fraud
You agree that:
- Information you provide about yourself and your use of the Service must be complete and accurate as of the time provided, and you must keep this information up-to-date;
- To the extent the applicable law allows, we and/or our service providers may verify your identity;
- You must notify us immediately if you become aware of any unauthorized use or access to your account. You are responsible for any actions taken through the use of your credentials, except for actions taken after you have told us that your account or credentials have been compromised.
Payments
If you pay for any of our one-time payment plans, you agree to pay all fees or charges to your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Your payment provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms of Service to determine your rights and liabilities with respect to your payment provider. By providing Farcana with your credit card number and associated payment information, you agree that Farcana is authorized to verify information immediately and subsequently invoice your account for all fees and charges due and payable to Farcana hereunder and that no additional notice or consent is required. You agree to immediately notify Farcana of any change in your billing address or the credit card used for payment hereunder. Farcana reserves the right at any time to change its prices and billing methods, either immediately upon posting on our website or by e-mail delivery to your organization’s administrator(s).
Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you.
No contract will exist between you and Farcana for the Service until Farcana accepts your order by a confirmatory e-mail, SMS message or other appropriate means of communication.
You are responsible for any third-party fees that you may incur when using the Service.
Return and Refund Policy
Thanks for shopping at Farcana. We appreciate the fact that you like to buy the stuff we build. We also want to make sure you have a rewarding experience while you’re exploring, evaluating and purchasing our products.
As with any shopping experience, there are terms and conditions that apply to transactions at Farcana. We will be as brief as our attorneys will allow. The main thing to remember is that by placing an order or making a purchase at Farcana, you agree to these Terms of Service along with Farcana’s Privacy Policy.
If, for any reason, you are not completely satisfied with any good or service that we provide, don't hesitate to contact us and we will discuss any of the issues you are going through with our product.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Farcana with respect to the website/app shall remain the sole and exclusive property of Farcana.
Farcana shall be free to use, copy, modify, publish or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Links to Other Websites
These Terms of Service apply only to the Service. The Service may contain links to other websites not operated or controlled by Farcana. We are not responsible for the content, accuracy or opinions expressed in such websites and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Service to another website, our Terms of Service are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies.
Changes to Our Terms of Service
You acknowledge and agree that Farcana may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Farcana’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Farcana when you stop using the Service. You acknowledge and agree that if Farcana disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.
If we decide to change our Terms of Service, we will post those changes on this page. Then, if you continue to use the Service, you will be bound by the updated Terms of Service. If you do not want to agree to these or any updated Terms of Service, you are no longer authorized to use Farcana Service and should may delete your account.
Modifications to Our Website/App
Farcana reserves the right to modify, suspend or discontinue, temporarily or permanently, the website/app or any service to which it connects, with or without notice and without liability to you.
Updates to Our Website/App
Farcana may from time to time provide enhancements or improvements to the features/ functionality of the website/app, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the website/app. You agree that Farcana has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website/app to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the website/app, and (ii) subject to the terms and conditions of this Agreement.
Third-Party Services
We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services").
You acknowledge and agree that Farcana shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Farcana does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or Farcana.
Farcana may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Farcana, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting your account, the website/app and all copies thereof from your computer. Termination will be effective on the date that your account is closed.
Upon termination of this Agreement, you shall cease all use of the website/app and delete all copies of our website/app from your computer.
Termination of this Agreement will not limit any of Farcana's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Upon termination, you will not have any further use of or access to the Service. Subject to applicable law, you will also not have any use of or access to any information you submitted through the Service, and all rights granted under these Terms of Service will end. Termination does not relieve you of your obligations to pay amounts owed to Farcana or others.
The following provisions will survive even after these Terms of Service terminate: Your Suggestions, Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Assignment and Third-Party Beneficiaries, Intellectual Property, Governing Law, Notice of Dispute, Dispute Resolution, Submissions and Privacy, Promotions, Miscellaneous and Disclaimer.
Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe any material on our website/app constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an e-mail; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the statement that the information in the notification is accurate and under penalty of perjury you are authorized to act on behalf of the owner.
Indemnification
You agree to indemnify and hold Farcana and its parents, subsidiaries, affiliates, shareholders, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of our website/app; (b) violation of these Terms of Service or any law or regulation; or (c) violation of any right of a third party.
Disclaimer of Warranties
Our website/app is provided to you "as is" and "as available" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Farcana, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website/app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Farcana provides no warranty or undertaking and makes no representation of any kind that our website/app will meet your requirements, achieve any intended results, be compatible or work with any other software, website/apps, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Farcana, nor any Farcana's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website/app, or the information, content, and materials or products included thereon; (ii) that the website/app will be uninterrupted or error-free; (iii) as to the accuracy, reliability or currency of any information or content provided through our website/app; or (iv) that our website/app, its servers, the content, or e-mails sent from or on behalf of Farcana are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Farcana and any of its parents, subsidiaries, affiliates, shareholders, officers, employees, agents, partners, suppliers and/or licensors (if any) under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you in the course of using our website/app.
To the maximum extent permitted by applicable law, in no event shall Farcana or its parents, subsidiaries, affiliates, shareholders, officers, employees, agents, partners, suppliers and/or licensors (if any) be liable for any special, incidental, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use our website/app, third-party software and/or third-party hardware used with the website/app, or otherwise in connection with any provision of this Agreement), even if Farcana or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
These Terms of Service, together with the Privacy Policy and any other legal notices published by Farcana on the Service, shall constitute the entire agreement between you and Farcana concerning the Services. You and Farcana agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Waiver
Except as provided herein, the Farcana’s failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of Farcana.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any Farcana’s right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between these Terms of Service and any applicable purchase or other terms, the terms of these Terms of Service shall govern.
Entire Agreement
These Terms of Service (which include and incorporate the Farcana Privacy Policy) constitute the entire agreement between you and Farcana regarding your use of our website/app and supersede all prior and contemporaneous written or oral agreements between you and Farcana concerning its subject matter, and cannot be changed or modified by you.
You may be subject to additional terms and conditions that apply when you use or purchase other Farcana's services, which Farcana will provide to you at the time of such use or purchase.
Assignment and Third-Party Beneficiaries
You must not assign your rights or obligations under these Terms of Service to anyone without our prior written consent. We may delegate performing our obligations and we may assign our rights and obligations under these Terms of Services to our affiliates at any time for any reason without notice to you.
Intellectual Property
Our website/app and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, the design, selection and arrangement thereof), are owned by Farcana, its licensors or other providers of such material. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Farcana, unless and except as is expressly provided in these Terms of Service. Any unauthorized use of the material is prohibited.
We reserve all rights not expressly granted to you in these Terms of Service. The Service is protected by trademark, copyright, patent and other laws of the UAE, United States and other countries. We own all rights, title, interest in and to the Service and all copies of the Service, and all Intellectual Property Rights in them. Your use of the Service is subject to these Terms of Service and these Terms of Service do not grant you any rights to our Intellectual Property Rights or the Intellectual Property Rights of our licensors, licensees or partners.
For the purposes of these Terms of Service, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.
Governing Law
These Terms of Service are governed by the laws of UAE without regard to its conflict of laws provision. You consent to the exclusive jurisdiction of the UAE courts in connection with any action or dispute arising between the parties under or in connection with these Terms of Service.
The term “dispute” means any dispute, action or other controversy between you and Farcana concerning the Service or these Terms of Service, whether in contract, warranty, tort, statute, regulation, ordinance or any other legal or equitable basis. The term “Dispute” will be given the broadest possible meaning allowable under applicable law.
Notice of Dispute
In the event of a dispute, you or Farcana must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via e-mail to: info@farcana.com. Farcana will send any Notice of Dispute to you by mail to your address if we have it or otherwise to your e-mail address. You and Farcana will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Farcana may commence arbitration.
Dispute Resolution
If you and Farcana do not resolve any dispute by informal negotiation, the dispute shall be settled by the UAE courts. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of trial. Any and all legal, accounting and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Farcana without any compensation or credit to you whatsoever. Farcana and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
Promotions
Farcana may, from time to time, conduct tournaments, contests, promotions, sweepstakes or other activities (“Tournaments & Promotions”) that require you to submit material or information concerning yourself. Please note that all Tournaments & Promotions may be governed by separate rules/regulations that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Tournaments & Promotions rules/regulations to determine whether or not you are eligible to participate. If you participate in any Tournaments & Promotions held by Farcana, you agree to abide by and to comply with all respective Tournaments & Promotions rules/regulations which terms and conditions are made a part of this Agreement by this reference.
In accordance with the Tournaments & Promotions rules/regulations, the payments from/to you may be made in cryptocurrency and/or fiat. By participating in the Tournaments & Promotions, you hereby agree to receive winnings or other payments in cryptocurrency (BTC, ETH, etc.) and/or fiat as envisaged in the respective Tournaments & Promotions rules/regulations.
Additional terms and conditions may apply to purchases of goods or services on or through the Service which terms and conditions are made a part of this Agreement by this reference.
Typographical Errors
In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
Miscellaneous
Farcana will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Farcana operates and controls the Farcana Service from its offices in UAE. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Farcana Service from other locations, do so on their own initiative and are solely responsible for compliance with local laws if and to the extent local laws are applicable. The section headings used in this Agreement are for convenience only and will not be given any legal import.
Disclaimer
Farcana is not responsible for any content, code or any other imprecision. Under no circumstances shall Farcana team be liable for any direct, indirect, special, incidental or consequential damages (including, but not limited to, loss of data or profit) whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or its contents (any materials on our website), or the inability to use the Service, even if Farcana team or our authorized representative has been advised of the possibility of such damages. The Company reserves the right to make additions, deletions or modifications to the contents on the Service at any time without prior notice.
Farcana is a distributor and not a publisher of the content supplied by third parties; as such, Farcana exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Farcana Service. Without limiting the foregoing, Farcana specifically disclaims all warranties and representations in any content transmitted on or in connection with the Farcana Service or on sites that may appear as links on the Farcana Service, or in the products provided as a part of, or otherwise in connection with the Farcana Service. No oral advice or written information given by Farcana or any of its affiliates, employees, officers, directors, agents, shareholders or the like will create a warranty.
Contact Us
For further inquiries or questions, please contact us via e-mail: info@farcana.com.