Registering with Digiturf.com™ and/or participating
in any race (or activity) on Digiturf.com™ indicates that you
have read and accepted that you are bound by the (“Terms and Conditions”)
Digiturf.com ™ operates a
Game which is accessible via a website. The Game affords members the opportunity
to buy "virtual horses", to train them, and to race them to
Digiturf.com ™ members can
take part in the Game in various ways by, inter alia, buying horses, training
horses, claiming horses, auctioning horses, entering horses in races and
otherwise participating in the community of members.
The Game requires application of your
skill to achieve success in racing and stable management, together with
a small element of chance that simulates environmental factors in real
The Services incorporate activities which are skill-based contests or
tournaments for prizes, which may include cash. The results of all contests
or races depend on participation and the strategy and skill applied by
the participants; odds of success are therefore not available.
Digiturf.com ™ may amend these
Terms and Conditions at any time. Your continued use of the ™Web
Site, and specifically the act of login to the Web Site, signifies your
acceptance of the current version of the Terms and Conditions. You are
responsible for periodically reviewing the Terms and Conditions at your
|The following words and/or phrases shall have
the corresponding meanings given below:
|" Digiturf.com "
™ and the legal entity that owns the site operations.
means an individual registered
with Digiturf.com ™ to partake in the Game.
means electronic mail sent or received
via the Internet.
means game offered on Digiturf.com
™ where Members can buy virtual horses, train their horses,
enter their horses in races and sell their horses, in accordance
with the rules and regulations of the services offered on the Web
means the Web Site hosted by Digiturf.com
™ on the Internet for operating the Game.
means information required by Digiturf.com
™ to register a member. The information required appears on
a register page of the Web Site.
shall mean services offered to
Members on the ™Web Site such as, without limitation, owning
your own virtual horse, entering your horse in races, veterinarian
services, providing your horse with feed supplements, buying and/or
using alumites and/or blinkers, selling your horse in Claiming races
or Auctions, or participating in any element of the Game.
Headings in these Terms and Conditions
are used for convenience only and shall not be used in the interpretation
In this agreement the singular shall
include the plural and visa versa.
Only members can partake in the Game.
Registration on the Web Site is required to become a member. By registering
as a member you consent to the use by Digiturf.com ™ of the Registration
Information provided by yourself for the purpose of delivering the Services
You represent and warrant that all
information you supply to the Web Site is complete and accurate.
In addition to clause 19 below, Digiturf.com™ reserves the
right to suspend or cancel membership or to refuse membership applications
for any reason that it in its sole and absolute discretion deems appropriate,
including but not limited to:
providing false, inaccurate or incomplete Registration
defaulting on the payment of any fee;
it comes to the attention of Digiturf.com ™
that you are a minor in terms of laws or regulations applicable to
it comes to the attention of Digiturf.com™
or we have grounds to suspect that you are participating in the Games
offered by Digiturf.com™ from within a jurisdiction where
such participation is prohibited or where you are otherwise prohibited
to take part in horseracing ownership activities such as racing, training,
auctioning and claiming of virtual racehorses;
listing with any credit bureau; or
any attempt or suspected attempt to defraud Digiturf.com ™
or other members, cheat or make untrue, defamatory or malicious comments
about Digiturf.com ™, any affiliate websites or other members;
harassment of other Members;
deliberate manipulation of the Services in an attempt
to transfer money between Member accounts for purpose other than participation
in the Game ("money laundering").
any violation of these Terms and Conditions or
any laws or regulations.
Notwithstanding the foregoing, Digiturf.com™
shall not be liable in any manner whatsoever for any delay or failure
on its part to suspend, cancel or refuse membership, whether or not
it is aware of the possibility of any damage, harm or loss arising
Upon cancellation of membership as provided
for in clause 3.3 above, Digiturf.com ™ will reimburse
such a member for any cash balance in his/her account at the time of closure,
less handling and administrative fees. Cancellation may result in forfeiture
of any bonus credits, virtual horses, or any prizes to which you are otherwise
entitled at the sole discretion of Digiturf.com™.
||Membership cancellation shall be given or confirmed by Digiturf.com™
upon e-mail notification to you.
||You are required to immediately notify Digiturf.com™
of any change to your Registration Information by updating this on the Web
Site or informing Digiturf.com™ by email if this fails. You can
view and update the Registration Information provided by you at any time
on the Web Site except for your full credit card number which is not available
for security purposes.
||Cancellation for reason of money laundering per clause
3.3 above may in addition result in the freezing of an account and disclosure
of the relevant Member and transaction information to the authorities who
have jurisdiction to act on such activity.
Upon registration an account will be
opened for you. You agree to use only your personal banking card, transfer
from your personal banking account or online wallet to purchase credits.
All charges for the Services are reflected on the pages of the Web Site
and you hereby agree that Services will only be provided once payment
is received from you.
You must have credit in your account
to partake in most Services offered by the Game. You pay a monthly fee
for owning a virtual horse, unless you have raced it enough times to eliminate
this fee. Should your horse status turn pending as a result of non-payment
or non-receipt of the monthly fee, ownership of your horse may pass to
Digiturf.com™. Digiturf.com™ shall not be liable for
not receiving the monthly fee and it shall be your responsibility to ensure
that Digiturf.com™ receives the monthly fee.
When you request any Service offered
on the Web Site and you do not have sufficient credit in your account,
you will be directed to first acquire credits to pay for such Service.
||Participation is restricted to residents of those jurisdictions
where such participation is legal and not prohibited. Participation in the
Game is void wherever prohibited by law.
||Participation in anything other than the free race events
is restricted to individuals of legal age of majority as applies in the
jurisdiction in which you reside or from which you access the Web Site.
||In the United States of America, the rules governing skill-based
contests and tournaments with entry fees and/or prizes are set up by each
individual state, and not by the federal government. Digiturf.com™
CANNOT offer this element of the Services in which cash prizes can be won
in some races to residents of the following states in the USA: Arkansas,
Arizona, Connecticut, Delaware, Florida, Iowa, Illinois, Louisiana, Maryland,
Montana, South Carolina, South Dakota, Tennessee, Kentucky, Nevada, Nebraska,
Utah and Vermont. You hereby warrant that you are not a resident of any
one of these states in the USA.
||In South Africa, new legislation is pending regarding the
regulation of online gaming and interactive games. As a result and until
there is further clarity on the rules governing such games, residents of
South Africa will not be able to participate in the game. You hereby warrant
that you are not a resident of the Republic of South Africa.
||In Belgium, legislation regulating online gaming prohibits
residents of Belgium from participating in the game. You hereby warrant
that you are not a resident of Belgium.
Terms and Conditions regarding UK based
The game play activity of UK Players is restricted
in accordance with the Guidelines for application of regulation to skill
and social games. Such restrictions include:
- Prizes in races will be allocated to UK Player
accounts in the form of Non-Cash Bonus credits
Proceeds from sale of horses
in the game will be allocated to UK Player accounts in the form of
Non-Cash Bonus credits
Non-Cash Bonus credits that
are awarded from 08:00 on the 16th March 2015 until the granting of
a UK Operating Licence, are not redeemable for cash, nor will they
be redeemable for cash following the granting of a UK Operating Licence
These restrictions are subject
to removal following the granting of a UK Operator License by the
UK Gambling Commission.
||You are subject to all laws of the state, province and/or
country in which you reside and from which you access the Web Site, and
are solely responsible for obeying those laws. You agree Digiturf.com™
cannot be held liable if laws applicable to you restrict or prohibit your
participation. Digiturf.com™ makes no representations or warranties,
implicit or explicit, as to your legal right to participate in any Service
offered on the Web Site nor shall any person affiliated, or claiming affiliation,
with Digiturf.com™ have authority to make any such representations
||By registering with Digiturf.com™ you warrant that
you are not engaging in unlawful activities in respect of any law or regulation
applicable to you.
|| Digiturf.com™ reserves the right to monitor the
location from which you access the Web Site and to block access from any
jurisdiction for any reason it deems fit in its sole discretion.
|| Digiturf.com™ may require any participant receiving
any prize to provide proof that he or she is eligible to participate according
to above clause 5.1, 5.2, 5.3, 5.4, 5.5 and 5.6 above.
||You may establish only one Member account per person to participate
in the Services offered on the Web Site. Digiturf.com™ reserves
the right to monitor any effort to establish multiple accounts; in the event
it is discovered that you have opened more than one account per person,
Digiturf.com™ reserves the right to close all your accounts without
|| Digiturf.com™ may impose monetary limitations on
the deposit transactions in which you engage to fund your Member account.
Digiturf.com™ reserves the right to change these monetary limitations
at any time.
|| Digiturf.com™ reserves the right to set expiration
dates or other limits on all Bonus Credits (these credits may not be withdrawn
to cash). Digiturf.com™ reserves the right to expire the credit
balance of any dormant account. Digiturf.com™ reserves the right
to archive any dormant account and hence make it inaccessible to the Member.
A dormant account shall be defined as any account that has been inactive
for greater than 90 days.
The Web Site may include discussion forums or other interactive
areas or Services, including, without limitation, blogs, chat rooms, bulletin
boards, message boards, online hosting or storage Services, or other areas
or Services in which you or other Members create, post or store any information,
content, messages, comments, materials or other items on the Web Site
("Interactive Areas"). You are solely responsible for your use of such
Interactive Areas and use them at your own risk. By using any Interactive
Areas, you agree not to post, upload, transmit, distribute, store, create
or otherwise publish through the Web Site any of the following:
- Any message, comment, data, information, text, music, sound, photos,
graphics, code or other material ("User Content") that is unlawful,
libellous, slanderous, defamatory, profane or obscene (including the
use of asterisks or other masking characters to disguise such profanity
or obscenity), pornographic, harmful to minors, indecent, lewd, suggestive,
insulting, harassing, abusive, threatening, invasive of privacy or publicity
rights, abusive, inflammatory, fraudulent or otherwise objectionable
or that you know or have reason to believe is incorrect, inaccurate,
misleading or outdated;
- Email addresses or site URL’s in any form, including adaptations thereof;
- User Content that would constitute, encourage or provide instructions
for a criminal offence, violate the rights of any party, or that would
otherwise create liability or violate any local, state, provincial,
national or international law;
- User Content that may infringe any patent, trademark, trade secret,
copyright or other intellectual property or moral right of any party.
By posting any User Content, you represent and warrant that you have
the lawful right to transmit, distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents
your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising, junk mail,
spam, chain letters, pyramid schemes or solicitation, including the
publishing of any URLs;
- Private information of any third party, including, without limitation,
addresses, phone numbers, e-mail addresses, social security or identity
numbers and credit card numbers;
- Do not share personal information (your name, phone number, home address,
password) with others on the site;
- Viruses, corrupted data or other harmful, disruptive or destructive
files; and User content that is unrelated to the subject or topic of
the Game or of the Interactive Area in question;
Java, Flash, ActiveX controls or other programming or scripting elements;
- Any member generated guides or charts (TT Chart’s) containing horse
training lengths which, per the creator's opinion, define whether a
horse is competitive or not;
- User Content that, in the sole judgment of Digiturf.com™,
is objectionable or which restricts or inhibits any other person from
using or enjoying the Interactive Areas or the Web Site, or which adversely
affects the availability of its resources to other users (e.g., excessive
shouting, use of all capital letters, or flooding continuous posting
of repetitive text), or which may expose Digiturf.com™ or its
users to any harm or liability of any type.
|| Digiturf.com™ takes no responsibility and assumes
no liability for any User Content posted, stored or uploaded by you or any
third party, or for any loss or damage thereto, nor is Digiturf.com™
liable for any mistakes, defamation, slander, libel, omissions, falsehoods,
obscenity, pornography or profanity you may encounter. Your use of Interactive
Areas is at your own risk. As a provider of interactive Services, Digiturf.com™
is not liable for any statements, representations or User Content provided
by its Members in any public forum, personal home page or other Interactive
|| Although Digiturf.com™ has no obligation to screen,
edit or monitor any of the User Content posted in any Interactive Area,
and no User Content is endorsed, reviewed or approved by Digiturf.com™,
Digiturf.com™ reserves the right, and has absolute discretion,
to remove, screen or edit any User Content posted or stored on the Web Site
at any time and for any reason without notice. Notwithstanding the foregoing,
Digiturf.com™ shall not be liable in any way whatsoever for any
failure on its part to remove, screen or edit any User Content, whether
or not it is aware of any objectionable, prohibited or unlawful material
it may contain.
|| Any use of the Interactive Areas or other portions of the
Web Site in violation of the foregoing violates these Terms and Conditions
and may result in, among other things, termination or suspension of your
membership and/or your right to use the Interactive Areas and/or the Web
Site. You acknowledge and agree that Digiturf.com™ may access,
use or disclose any information about you or your use of this Web Site,
including, without limitation, any User Content to comply with the law or
any legal process, protect and defend the rights or property of Digiturf.com™
or to protect the safety of Digiturf.com™, its employees, Members
or the public.
|| If you post User Content to the Web Site, unless we indicate
otherwise, you grant Digiturf.com™ and its affiliates a non-exclusive,
royalty-free, perpetual, irrevocable and fully sub-licensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform and display such User Content throughout the world in
any media. You grant Digiturf.com™ and its affiliates and sub-licensees
the right to use the name that you submit in connection with such content,
if they choose. You represent and warrant that (i) you own and control all
of the rights to the User Content that you post or you otherwise have the
right to post such User Content to the Web Site; (ii) the User Content is
accurate and not misleading; and (iii) use and posting of the User Content
you supply does not violate these Terms and Conditions and will not violate
any rights of or cause injury to any person or entity.
|| Digiturf.com™ does not condone the practice commonly
referred to as “Spam”. A Member who is reported as a perpetrator
of spam and the claims of “Spam” are validated by Digiturf.com™,
will have their respective account either immediately TERMINATED or SUSPENDED,
at the sole discretion of Digiturf.com™. Digiturf.com™
defines “Spam” as:
Digiturf.com™ may undertake, at its sole discretion and with or
without prior notice, the following enforcement actions described in detail
- Electronic mail messages addressed to a recipient with whom the initiator
does not have an existing business or personal relationship or is not
sent at the request of, or with the express consent of, the recipient;
- Messages posted to Forums and chat areas that are off-topic (unrelated
to the topic of discussion), cross-posted to unrelated newsgroups, or
posted in excessive volume;
- Solicitations posted to Forums and chat areas, or to groups or individuals
via Internet Relay Chat or “Instant Messaging” system (such
ABUSE REPORTING: If you wish to report a violation of our Anti-Spam Policy,
please forward all evidence of abuse to: membersupport@Digiturf.com.
Please refer this serious matter responsibly!
- Account Suspension: Upon the receipt of a credible and validated
complaint, Digiturf.com™ may also elect to immediately suspend
the membership of the user implicated in the abuse. Suspension serves
as a “Final” warning and will prevent the abuser from continuing
their abusive “Spamming” behavior. Digiturf.com™
will evaluate each validated abuse incident on a case-by-case basis
and impose Termination or Suspension at its sole discretion. Digiturf.com™
reserves the right to lift the suspension of a user at any time, at
its sole discretion.
- Account Termination: Upon the receipt of a credible and validated
complaint, Digiturf.com™ may immediately terminate the membership
of the individual user implicated in the abuse. Termination results
in the immediate closure of the referral account, the loss of all referrals,
the forfeiture of any unpaid referral money on account, a prohibition
against any future membership, and the user will lose the right to compete
in any races or utilize any of the Services.
||The security of your information is one of the top priorities
of Digiturf.com™. Encryption techniques are used to provide protection
of your credit card information. Whilst Digiturf.com™ has taken
precaution to ensure the security of your credit card details, Digiturf.com™
shall not be liable for any loss or disclosure thereof through no fault
of Digiturf.com™. Your credit card information shall however have
to be disclosed if Digiturf.com™ is required by law to do so. If
so required by law, Digiturf.com™ shall endeavour to inform you
by prior notice to you.
||Taxes or other government imposts may be payable by you on
your winnings, depending on the jurisdiction in which you reside or relevant
laws applicable to you otherwise. Digiturf.com™ shall not disclose
any information regarding your net loss or net profits to any third party
unless required to do so by law.
|| You must supply your own equipment to gain access to the
Web Site and to partake in the Game. You acknowledge that you use the Services
at your own risk and that the Services are provided on an "as available"
and "as is" basis.
|| Digiturf.com™ reserves the right to modify or discontinue
the Game at any time and Digiturf.com™ shall not be liable to any
Member or third party for any loss or damage or claim of whatever nature
as a result of Digiturf.com™ modifying or discontinuing the Game.
Digiturf.com™ makes no warranty that the Game will be uninterrupted,
secure, error free or timely. |
|| Digiturf.com™ shall not be liable for any loss
or damages caused to your equipment as a result of downloading software
or data from the Web Site and/or using such software or data and/or you
participating in the Game.
||On accepting any amount of winnings you hereby consent to
the use by Digiturf.com™ of your name, or in the case of you partaking
under an alias, your alias, for advertising and promotional purposes. Such
use of your name or alias by Digiturf.com™ shall be free of any
|| Digiturf.com™ shall not be required to maintain
user names, passwords or account numbers and if you misplace, forget or
lose your password, or are otherwise unable to gain access to any pages
of the Web Site or any third party gains access to any pages of the Web
Site using your password and/or account number through no fault of Digiturf.com™,
Digiturf.com™ shall not be liable for any claims whatsoever resulting
therefrom. You are responsible for maintaining the confidentiality of your
||By registering as a Member you warrant that you fully understand
these Terms and Conditions. You also agree to abide by all rules, regulations,
terms and/or conditions contained herein or on the Web Site and as such
rules, regulations, terms and/or conditions may change from time to time.
You warrant that you understand the rules and regulations as set out and
explained on the pages of the Web Site.
||Members who are not registered affiliates of Digiturf.com™
are prohibited from using the content or the races of Digiturf.com™,
for the purpose of making any financial gain, other than by winnings from
races or proceeds from claims. Any activity which involves using the Digiturf.com™
platform for this purpose is strictly prohibited in terms of these Terms
||You agree to hold Digiturf.com™, its successors
or assigns, its employees, officers, directors, licensees, licensor, distributors,
wholesales, affiliates, subsidiaries, advertising, promotion or other agencies,
media partners, agents and retailers harmless and shall fully indemnify
same from any and all costs, expenses, liabilities and damages whatsoever
that may arise as a result of your (i) entry, use, or reuse of the Web Site,
(ii) use of any materials at the Web Site, (iii) entry, use or reuse of
the Digiturf.com™ server, (iv) participation in the Game, or (v)
the acceptance of any Prize. You agree to indemnify and hold Digiturf.com™,
its officers, directors, employees, subsidiaries, licensor, affiliates,
successors or assigns, harmless from any third party claim or demand, including
reasonable attorneys' fees, made in connection with or arising out of your
use of the Game or participation in the Game.
||This agreement shall commence on the date on which you submit
your application on the registration page of the Web Site.
||This agreement shall terminate when Digiturf.com™
cancels your membership or when Digiturf.com™ discontinues the
Game at any time. Upon such cancellation any cash balance in your account
will be paid to you in the manner in which payments are made as explained
on the pages of the Web Site.
||In case of a dispute, if any one or more of the terms or
conditions contained herein should be held to be invalid or unenforceable,
the validity and enforceability of all other provisions shall not be affected.
||You will not attack nor assist in any attack on the validity
or ownership of the intellectual property that facilitates the Game whilst
this agreement exists or after termination or cancellation of this agreement
for any reason whatsoever. You acknowledge that the intellectual property
includes, inter alia, trade mark applications for the name and devices of
Digiturf.com™ and “Digiturf.com“, patent applications
for the Game, and rights of copyright in the Game software, Web Site and
the pages thereof.
|| Nothing in this agreement shall be construed to create any
form of relationship between any of the parties by way of agency, partnership
or distributorship. You may not represent Digiturf.com™ or propose
to bind Digiturf.com™ or act in any way as if with the authority
||This agreement, as amended from time to time by Digiturf.com™,
supersedes all prior agreements whether oral or in writing and constitutes
the entire agreement between you and Digiturf.com™.
||The rights and obligations under this agreement are personal
in nature and you may not cede or assign or delegate your rights or obligations
under this agreement. No legal entity or group or organisation other than
an individual shall be allowed to become a Member.
|| Digiturf.com™ disclaims all warranties of any kind,
whether express or implied, including, but not limited to warranties of
fitness for purpose.
|| To the extent permitted by applicable law, in no event shall
Digiturf.com™, its officers, directors, employees, subsidiaries,
licensor, affiliates, successors or assigns be liable for any indirect,
incidental, special, consequential or punitive damages or losses (whether
foreseeable or unforeseeable) of any kind (including loss of profits, loss
of goodwill, damages relating to lost or damaged data or software, loss
of use, damages relating to downtime or costs of substitute products or
services) arising from your use of (or inability to use) the Web Site and/or
the Services or your partaking (or inability to partake) in the Game.
|| To the extent permitted by applicable law, regardless of
the form (whether in contract, delict, tort or any other legal theory) in
which any legal action may be brought, Digiturf.com™'s maximum
liability for direct damages for anything giving rise to any legal action
shall be an amount equal to any cash balance in your account . This maximum
amount shall be an aggregate amount for all claims arising out of your use
of the Web Site and the Services offered in connection therewith.
||All notices to you from Digiturf.com™ or vice versa
shall be in writing via e-mail or posted on the website.
||Employees of Digiturf.com™, agents, subsidiaries,
licensees, white label partners, contractors and members of the immediate
families of each are not eligible to participate in the Game.
In addition to clause 3.3
above, Digiturf.com™ reserves the right to immediately cancel
or terminate your membership or refuse your membership application or
to insist on you changing either one or all of your user name, stable
name, alias or the name that you choose for any of your horses, should
Digiturf.com™ at any time be of the opinion that any one or all
of the above names are undesirable, immoral or offensive to any person
or group of persons or to any person in particular. Digiturf.com™
does not always check the names or aliases used by its Members and if
you use a name such as described in this clause, it may be revoked in
future. Also, if you use an acceptable name, it may be revoked should
it, in the opinion of Digiturf.com™ become undesirable at a future
date. Should you be uncertain of the name/s chosen by yourself you may
contact Digiturf.com™ to check whether the name is allowable.
There is however no guarantee that the name will not become undesirable
in future or that Digiturf.com™ will not in future become aware
that the name is in fact undesirable. Notwithstanding the foregoing, Digiturf.com™
shall not be liable in any manner whatsoever for any offensive, undesirable
or immoral names, or any delay or failure on its part to change any name,
whether or not it is aware of the possibility of any damage, harm or loss
arising there from.
The names that you choose are subject
to availability. If the name that you choose is already taken, you will
have to choose an alternative name.
||You may not use the common law trade marks or registered
trade marks that you have no right to use and/or that belong to others.
You hereby indemnify Digiturf.com™ against any third party claim
whatsoever arising out of the unlawful use of someone else's trade marks
If you send comments or suggestions,
including, but not limited to, notes, text, drawings, or computer programs,
to Digiturf.com™, such submissions shall become, and shall remain,
the sole property of Digiturf.com™. No submission shall be subject
to any obligation of confidence on the part of Digiturf.com™.
Digiturf.com™ shall exclusively own all rights to, and shall
be entitled to unrestricted use of, all such submissions without compensation
Any User Content or virtual racing guides
created by members which may be distributed or be published on third party
websites, are the creator's opinion and not the expressed views of members
in general or those of Digiturf.com. It is suggested that such information
is utilized with caution and at one's own discretion. Digiturf.com
takes no responsibility and assumes no liability for any User Content
relied on by members when playing the game.
The publishing and /or distribution of Guides or Charts (TT Guides) specifically
containing horses time trial lengths, with reference to what is required
to make a horse raceable, is not permitted. Players found to be advertising
or distributing such TT Guides may be subject to suspension or even a
permanent ban from the game at Digiturf.com discretion.
Remember that by registering as a member you agree to these terms and conditions.
Kiron Interactive (Pty) Ltd is licensed (licence number: 11572) and regulated by the United Kingdom Gambling Commission (UKGC) for UK persons playing in the United Kingdom. Peer-to-peer skills games, where prizes of money's worth may be won, fall under the ambit of the UKGC for UK players. All game activity by players from elsewhere in the world, where such skills games are not regulated under any local regulation, do not fall within the UKGC licence. We do, however, operate the game according to the principles of the UKGC regulation for all players.