Terms & Conditions
Please read these Terms & Conditions (“Terms”) carefully before using the services available on this website. By using the Website, you accept and agree to these Terms as effective from time to time.
The Website allows you to purchase bets to enter a lottery draw based on the outcome of the German National 6aus49 Lottery and play Instant Wins and Slots. The Website is operated under a Curaçao eGaming license, number 1688/JAZ, owned by Ofertas365 (Curaçao) N.V., a company incorporated in Curaçao with Company Number 143000 whose registered address is Dr. Hugenholtzweg z/n UTS Building, Willemstad, Curaçao.
Ofertas365 (Curaçao) N.V. is a wholly owned subsidiary of UK registered Wilmington Holdings PLC.
Ofertas365 (Curaçao) N.V. will remain fully liable for any acts of its employees, or any agent to which activities may be outsourced and is responsible for maintaining this Website, establishing and operating customer accounts, insuring jackpots and passing on prizes to winners in accordance with these Terms. It has contracted services from: (1) the world's leading prize indemnity insurance and risk management specialist, and (2) a software platform provider who operates under a Curaçao eGaming license.
In these Terms, unless stated otherwise, the words and expressions set out below shall have the following meanings:
“Account” shall mean the account you have with us that you use to access the Services;
“Bet” means any ticket, containing an entry or several entries, purchased by you on the Website in relation to the Draws;
“Bonus” shall mean any complimentary Bitcoin credited by us into your Account;
“Cut-off” shall mean the closing time for placing a Bet for a relevant Draw, which is approximately 4.25pm Central European Time (“CET”) for Wednesday’s draw and 5.25pm Central European Time (“CET”) for Saturday’s draw;
“Cut-off Period” shall mean a period of time between Cut-off and up to one hour after each Draw when no Bets can be placed. After the Cut-off Period has elapsed Bets can be placed for the next Draw;
“Devices” shall mean any device used to access the Services including but not limited to mobile phones, desktop computers, tablets, laptop computers and internet enabled televisions;
“Draw” shall mean the draw on the German National 6aus49 Lottery operated by Deutscher Lotto-und Totoblock, which take place on each Wednesday at 6.25pm Central European Time (“CET”) and each Saturday at 7.25pm Central European Time (“CET”);
“Entry” means a line of 6 plus 1 numbers entered into a Draw;
“Games” shall mean Instant Wins and Slots offered on the Website from time to time;
“Insurance Partner” shall mean the world's leading prize indemnity insurance and risk management specialist contracted to provide insurance for “Large Winnings”;
“Large Winnings” shall mean the prizes won for correctly picking 6 or 6+1 numbers in any Draw;
“Player” shall mean a person who has opened up an Account to use the Services;
“Prize Insurance Policy” shall mean an insurance policy taken out by us with our Insurance Partner to cover the eventuality of “Large Winnings”;
“Services” shall mean entering a Draw by placing a Bet or playing Games;
“Small Winnings” shall mean the prizes won for correctly picking 2+1, 3, 3+1, 4, 4+1, 5 or 5+1 numbers in any Draw;
“US$” shall mean United States of America dollars;
“Wallet” shall mean an online, mobile, desktop, hardware or paper wallet used to hold Bitcoin and to send it to, and receive it from, your Account;
“We” or “us” or “our” shall mean Ofertas365 (Curaçao) N.V.;
“Website” shall mean this website and/or any other website we may use to provide the Services;
“Winnings” shall mean Bitcoin or cash won from a Bet or from Games, which have been won in accordance with these Terms.
2.1 What these Terms cover
These Terms inform you of, (i) who we are; (ii) how we provide Services to you; (iii) how you may use the Services; (iv) how we may change or terminate the terms and conditions; (v) how we will use your information; (vi) what to do if there is a problem; and, (vii) other important information.
2.2 How you accept these Terms
By opening an Account with us or using our Services you accept and agree to be bound by these Terms.
2.3 How we may change these Terms
These Terms are published on the Website and may be changed from time to time. We reserve the right to make changes to these Terms at any time and you accept it is your responsibility to check regularly the latest version and ensure that you are familiar with them. Any changes to these Terms shall take effect as soon as they are posted on the Website. Your continued use of our Services will be deemed to constitute your acceptance of any changes.
2.4 Changing content
We may, at our absolute discretion, change the content of the Website and/or the Services at any time. Any such changes shall not affect any Services you have purchased prior to such changes coming into effect.
2.5 Compatibility with your Devices
We give no guarantee or assurance that the Website will be compatible with any software used by you including your Device.
In these Terms, reference to the singular shall include references to the plural and vice versa. Headings are for convenience only and shall not affect interpretation. In the event of any inconsistency between these Terms and any document referenced herein, these Terms shall prevail. In the event that these Terms are translated into any languages other than English, it is the English language version that shall take priority in the event of any ambiguity between different language versions.
4.1 We offer betting services
When you use our Services, you are entering into a contract with us. It is important to note that we are not connected or affiliated to the German National 6aus49 Lottery and that you are not buying a ticket to enter that lottery.
4.2 In relation to Draws
We provide a service whereby you are betting on matching the numbers of the German National 6aus49 Lottery. Prizes for correctly picking 2+1, 3, 3+1, 4, 4+1, 5, 5+1 and 6 numbers plus the 6+1 jackpot in any Draw are shown on this Website. We have a Prize Insurance Policy so that we are fully insured to pay-out Large Winnings.
4.3 In relation to Games
We provide a range of Games, which you can play for free without an Account, or play for prizes once you have deposited Bitcoin into your Account. Prizes are shown on each Game.
4.4 Where we are incorporated
Ofertas365 (Curaçao) N.V. is incorporated in Curaçao. Its parent company, Wilmington Holdings PLC, is incorporated in the United Kingdom.
4.5 Who regulates us
Ofertas365 (Curaçao) N.V. is licensed and regulated by Curaçao eGaming Authority, the Gambling Supervision authority of the Government of Curaçao.
5.1 Representations by you
By opening an Account and/or using the Services, you represent and warrant that:
5.1.1 you are at least 18 years old or such minimum age as applies in your jurisdiction of residence;
5.1.2 you are not a resident of the United States of America or its Outlying Islands, United Kingdom, Curaçao, the Netherlands and the Netherlands Antilles or any country or territory in which you are not permitted to use our Services and/or to acquire, own, hold, use or exchange Bitcoin. We are not responsible for any loss you suffer if you do not comply with applicable local laws and regulations to which you are subject;
5.1.3 you are not a director, officer, employee, agent or affiliate of Ofertas365 (Curaçao) N.V. its parent or any of the parent’s subsidiary and associate companies, nor are you a spouse or relative of any such person;
5.1.4 you will not, in your use of our Services and acquisition, use and exchange of Bitcoin in relation to the use of our Services, engage in or aid or abet any criminal or otherwise unlawful activity (including without limitation, money laundering) under any applicable law to which you and/or we are subject;
5.1.5 you understand how Bitcoin is used and the associated risks, including but not limited to loss of your wallet private key, hacking/denial of service attacks, fluctuations in value, etc. and accept that we have no responsibility or liability for any losses you might incur as a result of hacking or other malicious acts undertaken by third-parties; and
5.1.6 you accept that by operating this Website, we are not offering any of the Services to you or inviting you to use this Website, to register on this Website, to open an Account, to make Bets or play Games or acquire, use or exchange Bitcoin if it is illegal or otherwise not permitted to do so in your jurisdiction.
5.2 Proof of age
We reserve the right to ask for proof of age from you at any time. In the event that we discover you are under 18 or under the legal age for gambling in the jurisdiction from where you placed a Bet or played Games, your Bet will be voided, any pending Games cancelled and your Account closed forthwith.
5.3 Proof of identity and residence
We reserve the right to request proof of identity and residence from you at any time, as well as other documents we reasonably require to satisfy anti-money laundering obligations that apply to us either now or in the future. Failure to comply with such requests may at our sole discretion lead to the suspension or closure of your Account.
6.1 Accurate details
You must ensure that the details you provide when opening your Account are accurate and kept up to date. You can access your own individual account information in the ‘My Account’ page of the Website and amend such information from time to time. We do not accept responsibility for any consequences that might arise resulting from acting on the basis of information you have provided which may have changed but has not been updated or otherwise informed to us.
6.2 Account security
When you open your Account, you must provide a valid email address and choose a password. It is your responsibility to ensure these details are secure and private. Any Bets placed or Games played from your Account, where the correct security information has been provided, are deemed by us to be valid and will be your sole responsibility. If you wish to open more than one account, each account must have a separate email address and password. If another person accesses your Account, you are solely responsible for all their actions, whether or not their access was authorised by you and you hereby indemnify us and hold us harmless against all costs, claims, losses, expenses and damages arising in connection with the use of, or access to, your Account by any third party. If you lose, or forget, your username and/or password, or if you believe that a third party is aware of them, you should contact us immediately so we can email new security details.
7.1 How you pay for Bets and Games
You need to deposit sufficient Bitcoin into your Account, which may only be used to place Bets or play Games.
7.2 Minimum deposit
Funding your Account is subject to a minimum deposit, which we can change at our discretion without notice. The most up-to-date minimum deposit will always be shown on the Website. We do not charge any fees for deposits you make. If you open more than one account, each account must be funded subject to the minimum deposit before you can place Bets or play Games from that account.
7.3 How we manage Bonuses
In the event we decide to offer a Bonus, the terms relating to such Bonus shall be set out on the Website.
7.4 We reserve the right to amend the price per Bet or Games at any point for whatever reason. The most up-to-date price per Bet or Game will always be shown on the Website.
8.1 How to participate in a Draw
You may enter a Draw before the Cut-off by placing a single Bet or multiple Bets on the Website. Once the Cut-off Period has elapsed you can place new Bets on the next available Draw.
8.2 Entering a Draw
To participate in a Draw, you choose your own numbers either manually or by choosing Lucky Dip. You can view and check the status of your Bets - past and present - at any time in the 'My Account' page on the Website.
8.3 Multiple Draws
You are able to enter multiple Draws within a single Bet as long as you have sufficient Bitcoin in your Account.
8.4 Cleared funds
You cannot place a Bet or play Games until there is Bitcoin in your Account. Bitcoin you deposit together with any Winnings due to you will be held in your Account by us on your behalf.
8.5 Connection problems
Any failure on your part, including but not limited to network connection or computer problems, will not void the Bet. You should check that all your Bets are entered into a specific Draw before the Draw takes place.
8.6 Hardware malfunctions
Any system malfunction and/or hardware malfunction affecting us will void the Services affected by such and no Winnings of any nature whatsoever will be due on such Draws and Games taking place during the period of system/hardware malfunction.
9.1 What are the prizes and where are they displayed?
Prizes and jackpots are shown on the “How To Play” page and homepage on the Website. There are prizes for correctly picking 2+1, 3, 3+1, 4, 4+1, 5, 5+1 and 6 numbers plus the 6+1 jackpot in any Draw. Prizes for Games are displayed in each Game.
9.2 How are Draw prizes shared if multiple correct numbers?
The prizes shown on the “How To Play” page on the Website are shared equally amongst winners if more than one Player correctly picks 6 or 6+1 numbers. For picking 2+1, 3, 3+1, 4, 4+1, 5, 5+1 correct numbers, prizes are not shared; they are paid out as shown.
9.3 How do Draw rollovers work?
If the jackpot is not won either by a Player or by a player in the German National 6aus49 Lottery, there is a rollover resulting in an increase in the size of the jackpot for the next Draw. The jackpot starts at US$30,000,000 and rolls over up to 13 times until it is won. We lag the German National 6aus49 Lottery by one draw, simply because of the time it takes in Germany to announce the number of winners. If there is a winner on Crypto Millions Lotto or on the German National Lottery our jackpot reverts to the minimum of US$30,000,000.
10.1 How do you know if you have won?
You can view your Winnings in the 'My Account' page on the Website. In addition, we shall inform you by email or in other ways such as a phone call, Instant Message or SMS.
10.2 How we pay Small Winnings?
Small Winnings will be paid to you by crediting your Account. This will normally be instantaneous.
10.3 What currency are Small Winnings?
Small Winnings are paid in Bitcoin.
10.4 How we pay Large Winnings?
Large Winnings will be paid to you by crediting your Account. However, Large Winnings will only be settled by us after we have made a claim according to our Prize Insurance Policy. Whilst your Account will be credited instantaneously, settlement of Large Winnings may take up to 30 days to clear whilst the claim is verified and processed. You will need to provide photo identification, e.g. a scanned passport or drivers’ license and proof of address, e.g. a utility bill or bank statement.
10.5 What currency are Large Winnings paid in?
Large Winnings are payable in US$ under the terms of our Prize Insurance Policy. If you wish to receive US$, you will be required to provide your bank account details and wiring instructions. If you wish to receive a jackpot payment in Bitcoin, you will be responsible for any conversion and other associated exchange costs incurred by us relating to such transaction.
10.6 Deductions applied to Winnings
You are responsible for any local taxes or duties that might be due or incurred and you are responsible for reporting your Winnings to the tax authorities in your jurisdiction should this be required.
10.7 What happens to unclaimed Winnings?
If Large Winnings have not been claimed within 180 days of the Draw, after attempting to notify you, they will be donated to one or more charities of our choice.
11.1 When Winnings are not paid?
We may void and shall be entitled not to pay any Winnings in respect of any Bet relating to a Draw:
11.1.1 if it is placed after the Cut-off;
11.1.2 that is erroneously accepted on the Website after the Cut-off for the relevant Draw or in respect of a Draw that has already taken place at the time when the Bet is placed;
11.1.3 if we become aware of an error in relation to that Bet or Draw and we are not able to contact you to correct the error or confirm the Bet before the Cut-off;
11.1.4 if you have provided false or misleading information as part of, or in connection with, your Account or otherwise in connection with the Website and/or Services including but not limited to entering a country and mobile number where you are not resident;
11.1.5 if you have been involved in any collusion or fraud-related activities in relation to the placing of the Bet or playing of the Games, the operation of your Account or otherwise in connection with the Website and/or Services;
11.1.6 if, at the time of placing the Bet or playing Games, you are under 18 years old or otherwise underage in your relevant jurisdiction; located or in a jurisdiction in which it is not permitted to participate in online gambling of the nature contemplated or where it is not permitted to purchase, own, use or exchange Bitcoin; or in breach of any material provision of these Terms; and
11.1.7 if, at any time you are in breach of the Promotion Terms & Conditions.
11.2 What happens to void Draw Bets?
If any Bet is voided in accordance with clauses 11.1.1, 11.1.2 or 11.1.3, we will offer you the option of placing any such Bet on the next available Draw or crediting your Account with the sum of Bitcoin representing such voided Bet. If any Bet is voided in accordance with clauses 11.1.5, 11.1.6 or 11.1.7, we will close your Account forthwith. If any Bet is otherwise voided by us in accordance with this clause 11, the relevant Bet shall be forfeited to us.
12.1 How Bitcoin in your Account is held
Any Bitcoin which is in your Account will be held by us for you in a segregated Wallet.
12.2 Withdrawing Bitcoin
You can only withdraw Bitcoin that constitutes Winnings to your Wallet. If your winnings are more than ₿5.0000 you will need to provide photo identification, e.g. a scanned passport or drivers’ license and proof of address, e.g. a utility bill or bank statement. Under no circumstances can you withdraw any Bonus, or any Bitcoin deposited by you for the purpose of making Bets or playing Games. It is deemed that Bitcoin deposited by you is made for the purpose of making Bets or playing Games on the Website.
12.3 Minimum withdrawal amounts
There is no minimum withdrawal amount.
12.4 How to withdraw Bitcoin
You can only withdraw Bitcoin from your Account to your Wallet by following instructions on the 'My Account' page of the Website. We make no charges for withdrawals.
12.5 Withdrawals from your Account
We may, at our sole own discretion, allow you to withdraw to a different Wallet from which your original deposit originated.
12.6 Refunds to incorrect details
We cannot refund withdrawals made to incorrect details in your Account, which were made by you and not correctly updated or revised.
12.7 Mistaken and erroneous payments
You shall immediately inform us in the event that any Winnings are paid to you in error and forthwith return such amounts to us in accordance with instructions that we provide you. We shall be entitled to deduct any payments made to you in error from your Account. If you have withdrawn Bitcoin mistakenly credited to your Account you will owe us such amounts and we will seek to recover those amounts from you.
12.8 Inactive Accounts
Should your Account be inactive for a period of 90 days, we reserve the right to close it. In this event, any Bitcoin held in your Account will be subject to an Administration Fee equal to the balance in your Account when the Account is closed. Prior to closing your inactive Account, we shall use all reasonable means to contact you.
12.9 What happens to my Bitcoin in the event of insolvency?
Bitcoin held on behalf of you do not form part of the assets of our company and in the event of insolvency are protected from any claims by creditors of our company.
13.1 Your termination rights
Should you wish to close your Account for whatever reason, please note that all sums shall be subject to an Administration Fee as set out in Clause 12.8 above.
13.2 Our suspension and termination rights
We may suspend your access to the Services immediately and without prior notice:
13.2.1 if you have or we have reason to believe that you have provided false or misleading information as part of or in connection with your Account or otherwise in connection with the Website and the Services available through it; are involved in any fraud-related activities; or are in breach of any other material provision of these Terms;
13.2.2 if the information you have provided to us is, in our opinion, not satisfactory or shows that you are ineligible or not permitted to use our Services;
13.2.3 if any details of the Wallet used to deposit money into your Account were, or have become, incorrect or payment is contested or is reported as lost or stolen or becomes the subject of fraud;
13.2.4 if you have allowed a third party to place Bets and play Games using your Account or if we believe that you are acting on behalf of another person or that another person is acting on your behalf;
13.2.5 if we think that you are acquiring, using or exchanging Bitcoin that might be illegal;
13.2.6 if we believe that you are using or intend to use the Services or your Account for any criminal or other illegal purpose (including, without limitation, money laundering) under any law applicable to you and/or us or to create any speculative, misleading or fraudulent scheme or purpose;
13.2.7 if there is an ongoing dispute as to whether Winnings are payable to you or as to the amount of the Winnings payable to you or if we, you or someone else has applied to a court to determine to whom the Winnings should be paid;
13.2.8 if you are in material breach of any of the Terms;
13.2.9 if at our discretion, we consider that your conduct or actions or use of the Account compromises our position in any manner; or
13.2.10 if we cease to offer the Services.
13.3 Effect of suspension
13.3.1 in the event of our suspension, you will not be entitled to participate in Draws or Games other than those Draws or Games in relation to which you have placed Bets prior to the suspension.
14.1 Changes to Website
We reserve the right to make changes or corrections to, and to alter, suspend or discontinue any aspect of the Website or the Services from time to time. We are not responsible for any promotional links or advertising banners of third-party advertisers appearing on the Website.
14.2 Misuse of Website
You must not misuse the Website by introducing viruses, Trojans, worms, or other material that is malicious or harmful. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, mobile phone, data or other material due to your use of the Website or any website linked to it.
14.3 Information on Website
Whilst we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy or completeness of the material on the Website or any part of it. The Website may contain typographical errors or other inaccuracies, or information that is out of date.
You are permitted to print and download extracts from this Website only for your personal reference, and only provided that:
14.4.1 no such documents or related graphics are modified or copied in any way;
14.4.2 no such graphics are used separately from accompanying text; and
14.4.3 our status (and that of any identified contributors) as the author of any such material is always acknowledged.
Otherwise, no part of this Website may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website or in any public or private electronic retrieval system or service including, but not limited to, text, graphics, video, messages, code and/or software without our express prior written consent.
15.1 Limited warranties
We will endeavour to provide the Services using reasonable care and skill. Subject to clause 15.4, we make no further warranty, undertaking or representation, whether express or implied in relation to the Services provided by us to you and all warranties or conditions are hereby excluded, to the fullest extent permitted by law.
15.2 Avoidance of errors
We reserve the right to correct errors on the Website and/or in relation to the Services at any time.
15.3 No warranties
We make no warranty or undertaking that the Services will be uninterrupted, timely, secure or error-free. In the event of any system or communication error in relation to the provision of the Services or otherwise, we will not be liable to you as a result of any such errors and we reserve the right at our discretion to withhold the payment to you of any Winnings in such circumstances.
15.4 No exclusion of liability
Nothing in these Terms shall exclude or limit our liability: (a) for fraud; (b) for death or personal injury caused by our negligence; or (c) where it is not lawfully permitted to exclude or limit any such liability.
15.5 No representations
You acknowledge and agree that in accepting these Terms you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether or not such person is a party to these Terms) unless expressly set out in these Terms.
15.6 Our limited liability
Subject to clause 15.4 our entire and aggregate liability to you, whether under contract, tort, negligence or otherwise in connection with the Services provided by us to you is strictly limited to the lesser of the following:
15.6.1 the Bets placed and Games played by you with us in the 12-month period immediately preceding the event upon which such liability arose; or
15.6.2 the sum of the equivalent of US$10,000.
15.7 No indirect or consequential losses
We accept no liability for any indirect or consequential loss or damage of any kind however arising including for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of goodwill, loss of data, waste of management or office time, whether under contract, tort (including negligence) or otherwise. This clause does not affect your statutory rights.
15.8 Your indemnity
You will indemnify us and keep us fully indemnified against all and any costs, losses, damages and expenses which we may suffer or incur (directly or indirectly) arising out of or in connection with any claim, legal proceedings or demand made by anyone in connection with or arising out of any and all of the following:
15.8.1 your breach of these Terms;
15.8.2 your criminal or unlawful act(s) or omission(s); and
15.8.3 your misuse of this Website, your Account or any of the Services.
16.1 Tax & Deductions
You are responsible for any local taxes or duties that might be due or incurred and you are responsible for reporting your Winnings to the tax authorities in your jurisdiction should this be required.
We will use reasonable endeavours to avoid any error in the information published on the Website, the acceptance of Bets, playing of Games, registration or other action in respect of Accounts, notification of Prizes and Winnings or otherwise in respect of the operation of Bets, Games, Account, Services and the Website, and reserve the right to correct any errors, but beyond this no warranty is given. Where we become aware of an error affecting you in relation to a Bet prior to the relevant Cut-off for such Draw, we will use reasonable endeavours to inform you of the error and to offer you the choice of keeping the Bet or voiding the Bet. In the event that we cannot contact you the terms of clause 11 shall apply.
16.3 Written communications
When using the Website, you accept that communication with us will be mainly electronic. We will contact you by mobile phone, email, Instant Message or SMS or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge and agree that all contracts, notices, information and other communications that we provide to you electronically comply with any legal or regulatory requirement that such communications be in writing.
All notices given by you to us must be sent to us by email, details of which are on the Website. We may give notice to you in any of the ways specified in clause 16.3. Other than as noted in clause 13.2, notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email or a phone call or Instant Message or SMS is sent.
16.5 Events beyond our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract or these Terms that is caused by events beyond our reasonable control (“Force Majeure Event”). Our performance under this contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under this contract may be performed despite the Force Majeure Event. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following, (i) strikes, lock-outs or other industrial action; (ii) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, military and/or civil armed conflict, war (whether declared or not) or threat or preparation for war; (iii) fire, explosion, storm, flood, hurricane, earthquake, subsidence, epidemic or any other natural disaster; (iv) the postponement or cancellation of any Draw; (v) impossibility of the use of public or private telecommunications networks; (vi) delays, losses, errors or omissions in or made by the banking or cryptocurrency network; or (vii) the acts, decrees, legislation, regulations or restrictions of any government, government agency or regulator.
We reserve the right to publicise and promote details of your Large Winnings, your geographical location, nationality, age and work status (including the nature of your work and job title). However, you have the right to remain anonymous.
If we fail, at any time during the term of this contract, to insist upon strict performance of any of your obligations under this contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under this contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
If any of these Terms or any provisions of this contract are determined by any court or competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16.9 Entire agreement
These Terms expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into this contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these Terms. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently).
16.10 Third party rights
Unless otherwise expressly stated within this contract, nothing within these Terms shall create or confer any rights or any other benefits or otherwise in favour of any person other than you and us.
16.11 No partnership or agency
Nothing in these Terms is intended or should be construed as creating any partnership, agency or any other form of joint enterprise between you and us.
16.12 Governing law
Each party irrevocably agrees that this agreement is made subject to Curaçao Law. The courts of Curaçao will have exclusive jurisdiction in respect of any dispute arising from or related to this agreement or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation. Nothing in this clause shall limit the right of us to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
These Terms & Conditions have been prepared in various languages. In the event of any inconsistency, the English version shall apply and be binding upon the parties.