Terms & Conditions
Thank you for visiting our service provided through http://www.ezwinzsports.com/ and reviewing our terms and conditions of use. Please read these terms and conditions carefully before using our service. These are the terms and conditions governing the use of this service and the agreement that operates between you and the company.
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS AND CONDITIONS
All services including information, documents, communications, files, text, software, and visual files available for your use here are subject to the terms and conditions and privacy policy of use. By using this website, creating an account and or becoming a member, you accept and agree to all terms, conditions and notices contained here in the website (“terms and conditions”).
By accessing or using the service you agree to be bound by these terms and conditions. If you disagree with any part of these terms and conditions then you may not access the service. When accessing our service you represent that you are 18 or over the age of. The company does not permit those under the age of 18 to use our services. Your access to and use of the service is conditioned on your acceptance of and compliance with these terms and conditions. This statement applies to all visitors, users, and others who access or use the service.
You expressingly acknowledge and agree that the information provided to you as part of your subscription through our website and the use thereof are subject to the terms and conditions set forth herein. You acknowledge and agree that Ezwinz Sports Limited, its agents, officers, directors, managers, members, employees, contractors, or sales personnel (collectively, the “company”) are in no way responsible for any decisions, financial or otherwise, you, or those acting at your direction. Make respect to the picks or any information related to the picks or any information related to the picks or any information on ezwinzsports.com (“the site”) or any links provided by the company on the site or otherwise.
2. ACCOUNT INFORMATION AND REGISTRATION
To access our service and to use certain areas of our service, you must first create an account (“Account”), which may involve registering a unique username and password, and provide us with any other information we request to log in to your account to access the services provided by the website.
During the registration process, you must provide accurate information about yourself as prompted by the website platform. You must also update the registration data and keep it up-to-date and accurate. Failure to do so constitutes a breach of the terms, which may result in immediate termination of your account on our service.
Your account may not be transferred, sold or otherwise encumbered in any manner. Your account and information are specific to you and may not be shared with any other person. You are solely responsible for maintaining the confidentiality of your credentials and you will be held solely responsible for any losses you suffer as a result of your failure to maintain the confidentiality of your credentials.
You are responsible for safeguarding the password that you use to access the service and for any activities or actions under your password, whether your password is with our service or a third-party social media service.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Ezwinz Sports Limited may act upon any communication that is given through your account. Ezwinz sports Limited is not required to verify the actual identity or authority of a person using your account, but Ezwinz Sports Limited may in its discretion at any time require verification of the identity of a person seeking to access your account and may deny access to and use of your account if Ezwinz Sports Limited is not satisfied with the verification.
You expressly acknowledge that you have no right, title, or ownership interest of any nature to or in any account, and your account is not your property. Your account is owned by Ezwinz Sports Limited and is licensed to you on a limited basis pursuant to these terms.
3. YOUR INFORMATION
If you wish to place an order for goods available on the service, you may be asked to supply certain information relevant to your order including, without limitation, your name, your email, your phone number, your credit card or debit card number, the expiration date of your credit card or debit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit or debit card or other internet payment method in connection with any order, and that information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to payment processing third parties for purpose of facilitating the completion of your order.
4. ORDER CANCELLATION
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: goods availability, errors in the description of prices for goods, and errors in your order. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
5. PAYMENTS AND CHARGES
You acknowledge and agree that your use of our service on the website, such as purchasing a membership package, may result in charges to you, plus applicable taxes (“charges”). When you purchase a membership package, you agree to pay the applicable charges without delay. Unless otherwise specified, the purchase price must be paid in full and received by Ezwinz Sports Limited prior to us providing you access to the membership package that you purchased. All services purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as visa, mastercard, debit card, or online purchases such as (paypal). Payment cards are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non delivery of your order.
By providing a payment method, that is accepted by us, you represent and warrant that you are authorized to use such payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all applicable charges. If we, or our third-party payment processor, are unable to verify your payment method, or if it is otherwise invalid or not acceptable, your membership package may be suspended or cancelled.
When incurring a charge on the website, you must provide accurate and complete personal information as requested by us, such as your full name, address, telephone number, email address, credit card/debit card/paypal information, and billing and shipping address.
We use third-party payment processors to process your payment. In that case your payments will be subject to the terms and conditions and privacy policies of such third-party payment processors. We recommend that you read these terms and conditions and privacy policies before making a payment.
Payments made for the purchase of products on the ezwinzsports.com website are non-refundable. For greater certainty, and without limiting the generality of the foregoing, if your account is terminated, there will be no refund for any portion of any product that remained unused at the time of the termination of your account.
6. SUBSCRIPTIONS
The service or some parts of the service are available only with a paid subscription. You will be billed in advance on a recurring and periodic basis (such as Daily, Weekly, Monthly, or Yearly), Depending on the type of subscription plan you select when purchasing the subscription. At the end of each period, your subscription will cancel automatically. In order to continue use of the services, you must renew your subscription to have continued access to services.
You may cancel your subscription by contacting the company at [email protected]. You will not receive a refund for the fees you already paid for your current subscription period, and you will be able to access the service until the end of your current subscription period.
When purchasing a subscription, you shall provide the company with accurate and complete billing information including full name, address, state/province, zip code/postal code, telephone number, and valid payment method information.
The company, in its sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current subscription period. Your continued use of the service after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
Except when required by law, paid subscription fees are non-refundable.
7. ACCOUNT RESPONSIBILITY/USE OF SERVICE
With your purchase of an Ezwinz Sports Limited package we grant you a limited, non-exclusive, non-transferable, revocable license to view the sports picks provided on our website for your personal, non-commercial use only. Except for the foregoing limited license, no right, title or interest in the product content, or any other materials or content on the website, shall be transferred to you. Ezwinz Sports Limited may revoke your license at any time in its sole discretion, and, without limiting the generalty the foregoing, your license is automatically terminated on termination of your account for any reason.
You may not remove any trademark, copyright or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of the websites materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this website or this service’s materials or content without the prior written permission of Ezwinz Sports Limited is strictly prohibited. If we identify such unauthorized and/or prohibited activity, we will endeavor to contact the party responsible and demand that the activity be terminated, and the infringing materials be removed and/or destroyed, immediately. Notwithstanding the foregoing, Ezwinz Sports Limited reserves the right to take such other steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and Ezwinz Sports Limited reserves the right to terminate your access to any part of the website or your account immediately, without prior notice and without refund, at its sole discretion.
Potential users of this service in any jurisdiction of the world whose laws would void these Terms in whole or in part are not permitted to use this service.
As a condition of your use of the service, you agree that you will not use the service for any purpose that is unlawful under applicable law or prohibited by these Terms, including any purpose that may be considered defamatory, discriminatory, fraudulent, or otherwise malicious or harmful to any person or entity or infringes, violates or misappropriates the intellectual property rights of any third party.
Its your responsibility to never impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity. You fully agree to not use or attempt to gain unauthorized access to any account which is not your own, or any aspects of the website you are not authorised to access. You agree to not harvest or otherwise collect, use or disclose personal information about users of the website; mirror, frame, or otherwise simulate the appearance or functionality of the website. You may not remove any intellectual property or proprietary property notices, including copyright and trademark notices, from the website. You agree to never upload to the website, or use the website to distribute, viruses, trojans, malware or other harmful software code of any nature.
While using our services, account holders are not allowed to sell, share, trade, or re-distribute our sports picks and sports information at any time whatsoever.
8. AVAILABILITY, ERRORS, AND INACCURACIES
We are constantly updating our offerings of goods and services. The goods available on our service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our goods on the service and in our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
9. PRICES POLICY
The company reserves the right to revise its prices at any time prior to accepting an order. The prices quoted may be revised by the company subsequent to accepting an order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the company. In that event, you will have the right to cancel your orders.
10. INTELLECTUAL PROPERTY
The service and its original content, features, and functionality are and will remain the exclusive property of Ezwinz Sports Limited and its licensors. The images, site design, text, graphics and the selection and arrangement thereof, are the intellectual property of Ezwinz Sports Limited and Ezwinz Sports Limited reserves all right to the same. Nothing in these Terms shall act as a license or assignment to such materials unless expressly specified by us. You may not copy, modify, create derivative works based upon, publicly display or otherwise commercially exploit the website or any materials thereon in any manner without our express written permission.
The service is protected by copyright, trademark, and other laws of both the country and foreign countries. Ezwinz Sports and related words and logos are trademarks or trade names of Ezwinz Sports Limited in Canada and other jurisdictions. Nothing in these Terms or on the website will be construed as granting a license or other right to you to use any such trademarks or trade names. The names other companies, products and services referred to on the website may be trademarks or trade names of their respective owners. Any unathorized use of the trademarks or trade names of Ezwinz Sports Limited or of third parties is strictly prohibited.
As copyright holders ourselves, we respect copyright holders’ rights and will quickly respond to any claims of copyright infringement reported on our website. If you find anything on our website that you believe infringes your copyright or the copyrights of a person you are authorized to represent, please report the alleged infringement to us at [email protected].
11. LINKS TO OTHER SITES
Our service may contain links to third-party web sites or services that are not owned or controlled by the company, Ezwinz Sports Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge that Ezwinz Sports Limited shall not be responsible or liable, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
12. LIMITATION OF LIABILITY
Notwithstanding any damages that you might incur, the entire liability of the company and any of its suppliers under any provision of this terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the service. This service provider does not guarantee the continuous, uninterrupted or secure access to the website or any related services. The operating of the website may be interfered with by numerous factors outside the control of provider. You expressly understand and agree that provider will not be liable for any damages of any kind arising from the use of or inability to use this website. Software, or any related services, including, but not limited to direct, indirect, incidental, consequential, special, and punitive damages whether such claim is based on warranty, contract, tort, or otherwise. Privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this terms., even if the company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. If your dissatisfied with any portion of the website, your sole and exclusive remedy is to discontinue your use of the website.
13. DISCLAIMERS RELATING TO OUR SERVICES
Ezwinzsports.com is not a gambling site, and does not accept or place wagers of any type. Your use of the service is at sole risk. The service is provided on an “As Is” and “As Available” basis. This website does not endorse or encourage illegal gambling. This company does not offer bookmaking services or any type of gambling services on this site whatsoever. The company does not provide investment advice, and none of the picks nor any information on this site shall otherwise be construed as or, deemed to be, investment advice. All information provided by this website is for news and entertainment purposes only. Any use of this information in violation of federal, state, provincial or local law is strictly prohibited. By using our services you agree and acknowledge that the company offers sports information services that is not guaranteed information and by accessing our website you are of atleast 18 years of age. You acknowledge and agree that you are aware of and are familiar with the substantial risks involved with gambling (including the “sportsbook” and similar games) and games of chance.
Your access to and use of the service is conditioned on your acceptance of and compliance with these terms and conditions, these terms and conditions apply to all visitors, users, and others who access or use the service. By making payment you waive any litigation civil or criminal lawsuits against ezwinzsports.com (Ezwinz Sports Limited) and all associated parties. You expressly acknowledge and agree that the company does not warrant or guarantee the picks (including the accuracy there of) or winnings whatsoever. The company provides picks warranty free and guarantee free and hereby disclaims any warrantee or guarantee, in each case, express or implied or otherwise.
14. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
By applicable law, Ezwinz Sports Limited hereby disclaims all conditions or warranties whatsoever, whether statutory, express, or implied, with respect to the website or such products and services. Without limiting the foregoing, the website and products and services are provided without statutory, implied, or express warranties or conditions of merchantability, quality, performance, completeness, accuracy, currency, reliability, effectiveness, usability, or non-infringement. We cannot guarantee that the website will function without errors, interruption, or downtime.
You agree to indemnify, defend and hold harmless the company from and against any and all claims (whether fraudulent, groundless, false or not). Liabilities (including without limitation, absolute liability in tort), demands, suits, settlements, obligations, damages, actions, losses, and judgements, costs disbursements, fines, penalties, and expenses (including but not limited to any reasonable legal, accounting or investigating feeds) of whatsoever kind of nature that result from your breach of these terms and conditions, including any representations and warranties contained here in. Ezwinz Sports Limited reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of Ezwinz Sports Limited. You will co-operate as fully as reasonably required in the defense of any indemnified claim.
You are subject to all laws of the province, state, and/or country in which you reside and from which you access the services, and are solely responsible for obeying those laws. You agree Ezwinz Sports Limited and its affiliates cannot be held liable if laws applicable to you restrict or prohibit your participation. Ezwinz Sports Limited and its affiliates make no representations or warranties, implicit or explicit, as to your legal right to participate in any services offered through the website nor shall any person affiliated, or claiming affiliation, with Ezwinz Sports Limited and its affiliates have authority to make any such representations or warranties.
You understand that we are making the website available to you in reliance upon the limitations and exclusions of liability, indemnities, release, and the disclaimers set fourth herein and that the same form an essential basis of the contract between you and us. You agree that the limitations and exclusions of liability, indemnities, and the disclaimers set forth herein survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of and exclusive remedy or the termination or cancellation of your account.
15. TERMINATION
We may Terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions, or we suspect you have done so, or that your accounts security has been compromised. Upon termination, your right to use the service will cease immediately. You will lose access to all information and materials that were stored in your account and you will lose the ability to access the sports picks provided by the website. In such cases of account termination, we reserve the right to retain information and content associated with your account for purposes of archive, back-up, audit, and investigation, and also for legal compliance.
If you wish to terminate your account, you may simply discontinue using the service. To completely delete your account, you must make a specific deletion request to [email protected]. Deleting your account will not release you from any prior obligations incurred hereunder. In such cases the account holder will not be reimbursed for charges incurred for the current memberships that have been purchased by the account holder. Ezwinz Sports Limited may terminate these Terms or stop providing these services to you at any time in its sole discretion.
16. NOTICE OF BINDING ARBITRATION; WAIVER OF CLASS ACTION
These terms contain a binding arbitration provision in section 17.1 which provides that you and Ezwinz Sports Limited will resolve all disputes through mandatory and binding arbitration, unless you opt out through the mechanism provided in these terms or are in a province, state, or country in which the courts will not permit you to consent to binding arbitration. This means that, in the event of a dispute with Ezwinz Sports Limited, you will not be able to have that dispute resolved by a judge or a jury. Additionally, in section 17.2 of these terms, you also waive your right to participate inclass actions against Ezwinz Sports Limited. Please carefully read sections 17.1 and 17.2.
17. DISPUTES
17.1 ARBITRATION If the courts in your province, state, or country will not permit you to consent to binding arbitration, then any legal suit, action, or proceeding arising out of or related to these Terms will be instituted exclusively in the courts of the province of British Columbia, Canada, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Otherwise, you agree that in the event of any dispute between you and Ezwinz Sports LImited arising out of or relating these Terms, the Service, Products, or the relationship between Ezwinz Sports Limited and you, that you and Ezwinz Sports Limited shall consult and negotiate with each other and, recognizing your mutual interests, attempt to reach a solution satisfactory to both you and Ezwinz Sports Limited. If you and Ezwinz Sports Limited do not reach settlement within a period of 60 days, then such dispute shall be referred to and finally resolved by mandatory and binding arbitration under the International Commercial Arbitration Centre. The place of arbitration shall be Vancouver, British Columbia, Canada. The number of arbitrators shall be set to one unless otherwise required by the rules. The language of arbitration will be English. The existence and content of the proceedings, including documents submitted by the parties, correspondence to and from the British Columbia International Commercial Arbitration Centre, correspondence to and from the arbitrator, and orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party (except for professional advisors) without the express written consent from the other party unless:(a) (i) the disclosure to the third party is reasonably required in the context of conducting the arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein; or (b) such disclosure is required by applicable law or court order.
Notwithstanding the foregoing, Ezwinz Sports Limited may seek injunctive or other equitable relief to protect its rights, and for any other purpose, in any court of competent jurisdiction.
You may opt out of the above arbitration clause. If you opt out, then neither you nor we will be able to require the other to participate in arbitration for the purposes of resolving any dispute, claim, or controversy between you and Ezwinz Sports Limited arising out of or relating to these terms, the services, products, or the relationship between Ezwinz Sports Limited and you. To opt out, you must, within 30 days of accepting these Terms, deliver to Ezwinz Sports Limited a clear written statement indicating that you wish to opt out of the arbitration provisions in these Terms. The statement must contain: (a) your name; (b) your address; (c) your telephone number; (d) your email address; and (e) your Account name (if any). The opt-out statement must be delivered to the following address:
Ezwinz Sports Limited
[email protected]
If you opt out of the arbitration clause in the manner provided above, then, unless the first sentence of this section 11.1 applies to you, you irrevocably agree that the courts of British Columbia will have exclusive jurisdiction to settle any dispute, claim, or controversy arising out of or related to these Terms, the Service, Products, or your relationship with Ezwinz Sports Limited.
17.2 WAIVER. You agree to waive any right you may have to commence or participate in any class action against Ezwinz Sports Limited related to any claim and, where applicable, you also agree to opt out of any class proceedings against Ezwinz Sports Limited. Where applicable, if a dispute arises between us and you, you waive any right you may have to participate in a trial by jury with respect to that dispute.
17.3 TRIAL BY JURY WAIVER. Where applicable, if a dispute arises between us and you, you waive any right you may have to participate in a trial by jury with respect to any dispute you may have with Ezwinz Sports Limited.
Consumer rights. Nothing in these Terms affects consumer rights that, pursuant to applicable law, cannot be limited or waived.
18. APPLICABLE LAWS/JURISDICTION
The laws of the country, excluding its conflicts of law rules, shall govern these Terms and your use of the service. Your use of the application may also be subject to other local, state, national, or international laws. By visiting the website, you agree the terms and conditions of use, privacy policy, without giving effort to any principles of conflicts of laws. This company’s provider reserves the right to make changes to this website and these disclaimers, terms and conditions of use, privacy policy, and software terms at any time.
19. STATUE OF LIMITATIONS
You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the website, terms and conditions, privacy policy, or software terms must be filed within 6 months of a year after such claim or cause of action arose or be forever barred.
20. SECURITY BREACH
Ezwinz Sports Limited strives to keep your personal information and account information safe from security breaches; however, we cannot guarantee the safety or security of your personal information or account. If you believe that a security breach is occurring, or will occur, you must notify us immediately. By using the service you agree, to the maximum extent permitted by applicable law, to release Ezwinz Sports Limited and its representatives from all and any liability for any harm, injury, loss, or damages suffered by you as a result of a security breach, failure, or short coming of the services.
21. GOVERNING LAW
The laws of the country, Excluding its conflicts of law rules, shall govern this Terms and your use of the service. Your use of the application may also be subject to other local, state, national, or international laws. The courts in some countries or provinces will not apply the law of British Columbia to some types of disputes. If you reside in one of those countries or provinces, then where British Columbia law is excluded from applying, your country or province’s laws will apply to such disputes related to these terms. Otherwise, these Terms are governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
22. UNITED STATES LEGAL COMPLIANCE
You represent and warrant that you are not located in a country that is subject to the United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country, and you are not listed on any United States Government list of prohibited or restricted parties.
23. SEVERABILITY AND WAIVER
If any provision of these Terms 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.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms 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 a waiver of any subsequent breach.
24. LANGUAGE AND TRANSLATION INTERPRETATION
These Terms and Conditions may have been translated if we made them available to you on our service. You agree that the original English text shall prevail in the case of any event or dispute.
25. CURRENCY
Reference of dollar amounts in these Terms and on the website are in United States Dollars unless otherwise stated in writing.
26. PRIVACY
We take your privacy seriously. To find out about how we collect, share and use your content and information, please read our “Privacy Policy”. The Privacy Policy forms part of these Terms and is incorporated by reference.
27. CHANGES TO THIS AGREEMENT
We reserve the right, at sole discretion, to modify or replace these terms and conditions at any time. We suggest that you review these terms each time that you visit this website to view up and coming changes that may occur to these terms and conditions. By continuing to access or use our service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the terms and conditions in whole or in part, please stop using the website and the service.
29. CONTACT US
If you have any questions about these Terms and Conditions, you can contact us by email at [email protected]