CHUMBA LITE TERMS AND CONDITIONS

Version: 1.0

Date of last update: 27th November 2019

These Terms and Conditions apply to you, and are binding on you, if you Participate.

You must read these Terms and Conditions carefully in their entirety before checking the box for

acceptance. By checking the box for acceptance during the sign up process you confirm that you

have read and agree to be bound by these Terms and Conditions, which include and are inseparably

linked to our Privacy Policy here and other game-specific or promotion-specific terms relevant to

your Participation.

If you do not agree with any provision of these Terms and Conditions or any other linked agreement,

policy, rules or terms you must not check the box for acceptance and you must not use the Service.

Whether or not you agree with the provisions of these Terms and Conditions, if you use the Service,

including, but not limited to, submitting your details to us, you are bound by these Terms and

Conditions in any event.

These Terms and Conditions are made available via the app store or platform that you download the

Chumba Lite App or on demand in the event of updates to the Terms and Conditions.

To use our Services, you agree that you are over 18 years of age.

DEFINITIONS

Account means the account whether a social account or the guest account a Player uses to

access the Services.

Chumba Lite App means the application and web-based software belonging to VGW.

Content means text, graphics, user interfaces, visual interfaces, photographs, trade marks,

logos, sounds, music, artwork, computer code and other material used, displayed or

available as part of the Games and the Chumba Lite App.

Fraudulent Conduct means any of the conduct described in clause 6.1.

Game means any one or more of the game(s) available on the Chumba Lite App. We

reserve the right to add and remove Games from the Chumba Lite App at our sole discretion.

Gold Coin means the virtual social gaming tokens which enables you to play the Games.

Inactive Account means an Account which has not recorded any activity for a period

exceeding 180 days.

Participate means playing any Games or using the Chumba Lite App in any manner

whatsoever, including any of the conduct described in clause 2.

Player or you means any person who Participates.

Service means the availability and provision of the Games and the Chumba Lite App that

enables you to Participate.

Terms and Conditions means these terms and conditions, as amended from time to time.

Third Party Websites and Apps means a third party website or application software that is

not controlled by us.

VGW, we, us or our means VGW Malta.

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VGW Malta means VGW Malta Limited (company registration number C74706) a limited

liability company incorporated in Malta, and subject to Maltese law, having its registered

address at 5-7 Matilda Court, Giuseppe Cali Street, Ta’ Xbiex, XBX 1423 Malta.

YOUR PARTICIPATION

Restrictions

2.1.

You hereby declare and warrant that:

(a) you are over 18 years old;

(b) you must comply with the laws that apply to you in the location that you access our

Services. If any laws applicable to you restrict or prohibit you from using our Services,

you must comply with those legal restrictions or, if applicable, stop accessing and/or

using our Services;

entertainment purposes only;

(d) all information that you provide to us during the term of validity of these Terms and

Conditions is true, complete and correct, and you will immediately notify us of any

change to such information; and

(e) you will not be involved in any fraudulent, or other unlawful activity in relation to your or

third parties’ participation in any of the Games We reserve the right to invalidate any

Participation in the event of such behaviour.

2.2.

Any person who is knowingly in breach of this clause 2 is at the very least in breach of

these Terms and Conditions.

Acceptance

2.3.

By accepting these Terms and Conditions you agree that your Participation is at your sole

option, discretion and risk. You will have no claims whatsoever against VGW or any of its

partners, or respective directors, officers or employees.

YOUR ACCOUNT

3.1.

We are not responsible for the safety and security of your Account log in details if you are

using your social media account to access our Services - it is your sole and exclusive

responsibility to ensure that your log in details are kept securely and not provided to anyone

else. Anyone logging into your Account using your log in details will be considered by as

either you or someone logging in with your permission.

3.2.

If using your social media account to access the Chumba Lite App, you must comply with

the social media platform’s terms and conditions as well as these Terms and Conditions.

3.3.

We are not responsible for any abuse or misuse of your Account by third parties due to your

disclosure of your log in details to any third party, whether such disclosure is intentional or

accidental, active or passive.

3.4.

We reserve the right to block you from playing Games on the Chumba Lite App if we have

reason to believe that you are engaged or are likely to engage in any of the following

activities:

(a)

you breached, or assisted another party to breach, any provision of these Terms and

Conditions, the terms of the social media provider through which you are accessing

the Chumba Lite App, or we have a reasonable ground to suspect such breach;

(b)

your communication with us consists of harassment or offensive behaviour, including

(but not limited to) threatening, derogatory, abusive or defamatory statements, or

racist, sexually explicit, pornographic, obscene or offensive language; or

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(c)

you are not over 18 years of age.

3.5.

If VGW blocks you from playing for any of the reasons referred to in clause 3.4 above, you

will be liable for any and all claims, losses, liabilities, damages, costs and expenses

incurred or suffered by VGW (together “Claims”) arising therefrom and you will indemnify

and hold VGW harmless on demand for such Claims.

3.6.

If we have reasonable grounds to believe that you have participated in any of the activities

set out in clause 3.4 above then we reserve the right to withhold all or part of the balance

and/or recover from your Account any Gold Coins that are attributable to any of the

activities contemplated in clause 3.4.

3.7.

The rights set out in this clause 3 are without prejudice to any other rights that we may have

against you under these Terms and Conditions or otherwise.

3.8.

You understand that if you are blocked in accordance with these Terms and Conditions, you

may lose access to any data previously associated with your Account (including, without

limitation, your progress through any Games and/or the level or score you have reached in

our Games and any Gold Coins associated with your Account).

GAMES

Rules

4.1.

Games offered on the Chumba Lite App may have their own rules which are available on

the Chumba Lite App itself. It is your responsibility to read the rules of a Game before

playing. You must familiarise yourself with the applicable terms of play and read the relevant

rules before playing any Game.

Gold Coins

4.2.

Gold Coins are tokens which have no monetary value and can never be redeemed/

exchanged for real money, real goods or real services from us or anyone else.

4.3.

We may give you Gold Coins free of charge when you sign up to the Chumba Lite App and

at regular intervals when you log into your Account.

4.4.

You may participate in any Game only if you have sufficient Gold Coins in your Account for

such Participation.

4.5.

You may win additional Gold Coins when you play the Gold Coin Games and/or be given

Gold Coins in other circumstances, such as watching advertisements displayed in the

Chumba Lite App.

4.6.

Gold Coins that have been submitted for play and accepted cannot be changed, withdrawn

or cancelled and the Gold Coins will be drawn from your Gold Coin balance instantly.

4.7.

You agree that Gold Coins are not transferrable to anyone else and you will not transfer or

attempt to transfer any Gold Coins to anyone else.

4.8.

If you do not connect your game play on a device to an Account, we will not be able to

restore any Gold Coins or other data associated with your game play to a different device if

you lose it or the device is damaged.

Void Games

4.9.

We reserve the right to declare Participation in a Game void, partially or in full, if, in our sole

discretion, we deem it obvious that there was an error, mistake, misprint or technical error

on the software.

Final Decision

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4.10.

In the event of a discrepancy between the result showing on a Game or the Chumba Lite

App and the VGW server software, the result showing on the VGW server software will be

the official and governing result.

PROMOTIONS

5.1.

All promotions, including Games, contests, special offers and bonuses are subject to these

Terms and Conditions and to additional terms that may be published at the time of the

promotion.

5.2.

In the event and to the extent of any conflict between these Terms and Conditions and any

promotion-specific terms and conditions, the promotion-specific terms and conditions will

prevail.

5.3.

VGW reserves the right to withdraw or modify such promotions without prior notice to you.

5.4.

If, in the reasonable opinion of VGW, we form the view that a Player is abusing any

promotion, to derive any advantage or gain for themselves or other Players, including by

way of Fraudulent Conduct, we may, at our sole discretion, withhold, deny or cancel any

advantage, bonus or prize as we see fit.

5.5.

Without limiting clause 7.4, you confirm that you grant VGW an irrevocable, perpetual,

worldwide, non-exclusive, royalty-free licence to use in whatever way we see fit, and

without further acknowledgement of you as the author, any Content you post or publish as

part of a promotion, contest or competition.

FRAUDULENT CONDUCT

6.1.

You will not, directly or indirectly:

(a) hack into any part of the Games or the Chumba Lite App through password mining,

phishing, or any other means;

(b) attempt to modify, reverse engineer, or reverse-assemble any part of the Games or the

Chumba Lite App;

similar material;

(d) circumvent the structure, presentation or navigational function of any Game so as to

obtain information that VGW has chosen not to make publicly available on the Chumba

Lite App;

(e) engage in any form of cheating or collusion; or

(f)

participate in or take advantage of or encourage others to participate in or take

advantage of schemes, organisations, agreements, or groups designed to share special

offers or packages.

6.2.

You must not use the Chumba Lite App for any unlawful or fraudulent activity or prohibited

transaction (including Fraudulent Conduct) under the laws of any jurisdiction that applies to

you.

INTELLECTUAL PROPERTY

7.1.

The computer software, the computer graphics, the Chumba Lite App and the user interface

that we make available to you is owned by, or licensed to, VGW or any of its respective

affiliates, subsidiaries, holding companies and related bodies corporate, and protected by

accordance with all rules, terms and conditions we have established (including these Terms

and Conditions) and in accordance with all applicable laws, rules and regulations.

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7.2.

You acknowledge that VGW is the proprietor or authorised licensee of all intellectual property

in relation to any Content.

7.3.

Your use of the Games and the Chumba Lite App does not provide you with any intellectual

property rights in the Content or Games.

7.4.

You grant us, and represent and warrant that you have the right to grant us, an irrevocable,

perpetual, worldwide, non-exclusive, royalty-free licence to use in whatever way we see fit,

any Content you upload onto the Chumba Lite App.

7.5.

You must not reproduce or modify the Content belonging to VGW in any way, including by

removing any copyright or trade mark notice.

7.6.

All trade marks and logos displayed in the Games and the Chumba Lite App are the

property of their respective owners and are protected by applicable trade mark and

THIRD PARTY WEBSITES, APPLICATION SOFTWARE AND LINKS

Third Party Websites and Application Software

8.1.

You acknowledge and agree that VGW:

(a) is not responsible for Third Party Websites and Apps; and

(b) makes no guarantee as to the content, functionality, or accuracy of any Third Party

Websites and Apps.

8.2.

You further acknowledge that some Third Party Websites and Apps may be fraudulent in

nature, offering Gold Coins which the operators of those websites and apps are not

authorized to provide, in an effort to induce you to reveal personal information (including log

in details and Account information). You agree that VGW is not responsible for any actions

you take at the request or direction of these, or any other Third Party Websites and Apps.

8.3.

Third Party Websites and Apps are subject to the terms and conditions outlined by that third

party.

Links

8.4.

The Chumba Lite App contains links to advertisements and banner advertisements

including sponsored links to Third Party Websites and Apps and resources for your

convenience and as an option to obtain Gold Coins.

8.5.

VGW may not have control over the contents the Third Party Websites and Apps or

resources, and accepts no responsibility for them or for any loss or damage that may arise

from your use of the Third Party Websites and Apps or resources.

8.6.

If you decide to access any of the Third Party Websites and Apps linked to the Chumba Lite

App, you do so entirely at your own risk and subject to the terms and conditions of use for

each Third Party Website and App.

8.7.

Any links to Third Party Websites and Apps do not necessarily:

(a) indicate a relationship between VGW and the third party; or

(b) indicate any endorsement or sponsorship by VGW of the Third Party Website and App,

or the goods or services it provides,

unless specifically indicated by VGW.

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8.8.

For links to various social networking sites, such as Facebook® and Twitter®, you

acknowledge and agree that:

(a) any comments or content that you post on such social networking sites are subject to

the terms and conditions of that particular social networking site;

(b) you will not post any comments that are false, misleading or deceptive or defamatory to

us, our employees, agents, officers or other players; and

social networking sites.

DISRUPTIONS AND CHANGE

No warranties

9.1.

The Service is provided on an “as is” basis and to the fullest extent permitted by law, we

make no warranty or representation, whether express or implied, in relation to the

satisfactory quality, fitness for purpose, completeness or accuracy of the Services.

Malfunctions

9.2.

VGW is not liable for any downtime, server disruptions, lagging, or any technical or political

disturbance to game play, nor attempts by you to Participate by methods, means or ways

not intended by us.

9.3.

VGW accepts no liability for any damages or losses which are deemed or alleged to have

arisen out of or in connection with the Chumba Lite App or its Content including, without

limitation, delays or interruptions in operation or transmission, loss or corruption of data,

communication or lines failure, any person’s misuse of the Chumba Lite App or its Content

or any errors or omissions in Content.

9.4.

In the event of an application system malfunction all game play on the Chumba Lite App is

void.

9.5.

In the event a Game is started but fails to conclude because of a failure of the system,

VGW will reinstate the amount of Gold Coins played in the Game to you by crediting it to

your Account. VGW reserves the right to alter Player balances and Account details to

correct such mistakes.

9.6.

VGW reserves the right to remove any part of the Games from the Chumba Lite App at any

time. Any part of the Games that indicate incorrect behaviour affecting prizes, Game data or

Gold Coin balances, that may be due to misconfiguration or a bug, will be cancelled and

removed from the Chumba Lite App. Player balances and Account details may be altered

by VGW in such cases in order to correct any mistake.

Change

9.7.

VGW reserves the right to suspend, modify, remove or add content to the Chumba Lite App

or Games at its sole discretion with immediate effect and without notice to you. We will not

be liable to you for any loss suffered as a result of any changes made or for any

modification or suspension of or discontinuance of the Chumba Lite App or Games and you

will have no claims against VGW in such regard.

Service Suspension

9.8.

We may temporarily suspend the whole or any part of the Service for any reason at our sole

discretion. We may, but will not be obliged to, give you as much notice as is reasonably

practicable of such suspension. We will restore the Service, as soon as is reasonably

practicable, after such temporary suspension.

10.

VIRUSES

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10.1.

Although we take all reasonable measures to ensure that the Chumba Lite App and Games

are free from viruses we cannot and do not guarantee that the Chumba Lite App and

Games are free of such problems. It is your responsibility to protect your systems and have

in place the ability to reinstall any data lost due to a virus.

11.

11.1.

VGW is committed to protecting and respecting your privacy and complying with all

applicable data protection and privacy laws.

11.2.

Our Privacy Policy here is inseparably linked to these Terms and Conditions and its

acceptance is a prerequisite to account sign up.

11.3.

You consent to receive marketing communications from VGW in respect of its offerings by

way of email or through the Chumba Lite App, any of which you may unsubscribe from at

any time.

12.

LICENSING

12.1.

The Chumba Lite App is licensed, not sold, to you.

12.2.

VGW grants you a limited, non-exclusive and non-transferable license to download, install

and use the Chumba Lite App for your personal, non-commercial use on a single mobile

device owned or otherwise controlled by you (Mobile Device) strictly in accordance with

these Terms and Conditions.

12.3.

You agree not to:

(a)

copy, modify, adapt or otherwise create derivative works or improvements of the

Chumba Lite App;

(b)

reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or

gain access to the source code of the Chumba Lite App;

(c)

remove, delete, alter or obscure any trade marks, copyright or other intellectual

property or proprietary rights notices from the Chumba Lite App; or

(d)

rent, lease, lend, sell, sub-license, assign, distribute, publish, transfer or otherwise

make available the Chumba Lite App or any features or functionality of the Chumba

Lite App to any third party for any reason.

12.4.

You do not acquire any ownership interest in any part of the Chumba Lite App under these

Terms and Conditions, or any other rights other than to use the Chumba Lite App in

accordance with the license granted, and subject to all terms, conditions, and restrictions,

under these Terms and Conditions.

13.

COMPLAINTS AND DISPUTE RESOLUTION

13.1.

If you have a complaint regarding our Services, you may contact us via

support@chumbalite.com

13.2.

Complaints of any nature must be submitted within 30 days of the issue occurring.

13.3.

Any and all disputes arising out of or connected with our Games and the Chumba Lite App,

shall be resolved individually, without resort to any form of class action.

13.4.

In the unlikely event that we are unable to solve your concerns or complaints and you wish

to bring legal action against us, these Terms and Conditions shall be governed by and

construed in accordance with the laws of Malta.

14.

INDEMNITY AND LIMITATION OF LIABILITY

Indemnity

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14.1.

YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS US, OUR DIRECTORS,

OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS AND AFFILIATES, OUR

ULTIMATE PARENT AND PARENT COMPANIES AND ANY OF OUR SUBSIDIARIES

AGAINST ANY AND ALL COSTS, EXPENSES, LIABILITIES AND DAMAGES (WHETHER

DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE OR

OTHER) ARISING FROM ANY PARTICIPATION BY YOU, INCLUDING WITHOUT

LIMITATION:

(a)

VISITING, USE OR RE-USE OF THE CHUMBA LITE APP;

(b)

USE OR RE-USE OF THE CHUMBA LITE APP BY MEANS OF

TELECOMMUNICATION SERVICES;

(c)

RE-USE OF ANY CONTENT AT, OR OBTAINED FROM, THE CHUMBA LITE APP OR

ANY OTHER SOURCE WHATSOEVER;

(d)

ENTRY TO, OR USE OR RE-USE OF THE APP SERVER;

(e)

PLAYING THE GAMES THROUGH ANY DELIVERY MECHANISM OFFERED; AND

(f)

ACCEPTANCE AND USE OF ANY PRIZE.

Limitation of Liability

14.2.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE TOTAL

LIABILITY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS,

AGENTS AND AFFILIATES, OUR ULTIMATE PARENT AND PARENT COMPANIES AND

ANY OF OUR SUBSIDIARIES TO YOU IN CONTRACT, TORT, NEGLIGENCE OR

OTHERWISE, FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING FROM ANY

CAUSE, WHETHER DIRECT OR INDIRECT (EVEN WHERE WE HAVE BEEN NOTIFIED

BY YOU OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE). VGW ACCEPTS NO

LIABILITY FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING IN CONNECTION

WITH YOUR PARTICIPATION. THIS INCLUDES, WITHOUT LIMITATION, DELAYS OR

INTERRUPTIONS IN OPERATION OR TRANSMISSION, LOSS OR CORRUPTION OF

DATA, COMMUNICATION OR LINES FAILURE, ANY PERSON’S MISUSE OF THE

GAMES OR THE CHUMBA LITE APP OR THEIR CONTENT OR ANY ERRORS OR

OMISSIONS IN THE CONTENT OF THE GAMES OR THE CHUMBA LITE APP.

Negligence

14.3.

NOTHING IN THESE TERMS AND CONDITIONS WILL OPERATE SO AS TO EXCLUDE

ANY LIABILITY OF VGW FOR FRAUD, DEATH OR PERSONAL INJURY THAT IS

CAUSED BY VGW’S NEGLIGENCE.

Survival of Obligations

14.4.

THIS CLAUSE 14 SURVIVES THE TERMINATION OF THESE TERMS AND CONDITIONS

FOR ANY REASON.

15.

OTHER

Entire Agreement

15.1.

These Terms and Conditions constitute the entire agreement between you and us with

respect to your Participation and, save in the case of fraud, supersede all prior or

contemporaneous communications and proposals, whether electronic, oral or written,

between you and us with respect to your Participation.

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Amendments

15.2.

VGW reserves the right to amend these Terms and Conditions, or to implement or amend

any procedures, at any time. Any amendments will be published on the Chumba Lite App

and such changes will be binding and effective immediately.

15.3.

Whenever we amend these Terms and Conditions in a way that would limit your current

rights or which may be to your detriment, we will notify you upon your next visit to the

Chumba Lite App and you will be required to re-confirm your acceptance prior to playing

any Games. If you do not agree to the amended Terms and Conditions, you must stop using

the Chumba Lite App.

Force Majeure

15.4.

VGW will not be liable or responsible for any failure to perform, or delay in performance of,

any of our obligations under these Terms and Conditions that is caused by events outside of

our reasonable control.

No agency

15.5.

Nothing in these Terms and Conditions will be construed as creating any agency,

partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise

between you and us.

Severability

15.6.

If any of the Terms and Conditions are determined by any competent authority to be invalid,

unlawful or unenforceable to any extent, such term, condition or provision will, to that

extent, be severed from these Terms and Conditions. All remaining terms, conditions and

provisions will continue to be valid to the fullest extent permitted by law. In such cases, the

part deemed invalid or unenforceable will be amended in a manner consistent with the

applicable law to reflect, as closely as possible, VGW’s original intent.

Explanation of Terms and Conditions

15.7.

We consider these Terms and Conditions to be open and fair. If you need any explanation

regarding these Terms and Conditions or any other part of our Service you may contact us

via support@chumbalite.com

15.8.

The Terms and Conditions prevail over any communication via email.

15.9.

All correspondence between you and us may be recorded.

Assignment

15.10. These Terms and Conditions are personal to you, and are not assignable, transferable or

sub-licensable by you except with our prior written consent. We reserve the right to assign,

transfer or delegate any of our rights and obligations hereunder to any third party without

notice to you.

Business Transfers

15.11. In the event of a change of control, merger, acquisition, or sale of assets of VGW, your

Account and associated data may be part of the assets transferred to the purchaser or

acquiring party. In such an event, we will provide you with notice via email or via the

Chumba Lite App explaining your options with regard to the transfer of your Account.

Language

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15.12. These Terms and Conditions may be published in several languages for information

purposes and ease of access by players but will all reflect the same principles. It is only the

English version that is the legal basis of the relationship between you and us and in case of

any discrepancy between a non-English version and the English version of these Terms and

Conditions, the English version will prevail.

Applicable Law and Jurisdiction

15.13. These Terms and Conditions will be governed, and interpreted in accordance with, the laws

of Malta.

15.14. You acknowledge that, unless stated otherwise, the Games are operated from Malta and

your Participation in these Games takes place within the aforementioned territory. Any

contractual relationship between you and us will be deemed to have been entered into and

performed by the parties in Malta.

15.15. The parties agree that any dispute, controversy or claim arising out of or in connection with

these Terms and Conditions, or the breach, termination or invalidity thereof, will be

submitted to the exclusive jurisdiction of Malta.

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