FirePhoenix Terms and Conditions

VERSION: 1.3
DATE OF LAST UPDATE: June 14, 2024
These Terms and Conditions form a binding legal agreement between you and us and apply to your use of any of our
Games or our Platform in any way, through any electronic device (web, mobile, tablet or any other device).
PLEASE NOTE THAT THESE TERMS AND CONDITIONS INCLUDE A PROVISION WAIVING THE RIGHT TO
PURSUE ANY CLASS, GROUP OR REPRESENTATIVE CLAIM AND REQUIRING YOU TO PURSUE PAST,
PENDING, AND FUTURE DISPUTES BETWEEN YOU AND US THROUGH INDIVIDUAL ARBITRATION UNLESS
YOU OPT OUT WITHIN THE SPECIFIED TIME FRAME. SEE CLAUSE 24 FOR MORE INFORMATION.
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 registration process, or by accessing the Games or creating a Customer
Account, 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, Responsible Social Gameplay Policy, Sweeps Rules, Customer Acceptance
Policy 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 policy, rules or terms you may
not install or use the Platform or play any Game.
THE GAMES AND PLATFORM DO NOT OFFER REAL MONEY GAMBLING, AND NO ACTUAL MONEY IS
REQUIRED TO PLAY.
ONLY PLAYERS IN THE UNITED STATES (EXCLUDING THE STATES OF IDAHO, MICHIGAN, MONTANA AND
WASHINGTON) AND CANADA (EXCLUDING QUEBEC) ARE ELIGIBLE TO ENTER THE SWEEPSTAKES.
PLEASE REFER TO CLAUSE 1.1 OF THE SWEEPS RULES TO CHECK YOUR ELIGIBILITY.
YOU CAN REQUEST REDEMPTION OF ANY PRIZES BY SELECTING THE “REDEEM” BUTTON ON THE
PLATFORM. WHERE YOU REDEEM PRIZES FOR GIFT CARDS, SUCH PRIZES WILL BE ALLOCATED TO THE
EMAIL ADDRESS REGISTERED AGAINST YOUR CUSTOMER ACCOUNT, AND IF THIS IS NOT TECHNICALLY
POSSIBLE, THEN TO AN ALTERNATIVE EMAIL ADDRESS YOU HAVE DESIGNATED. WHERE YOU REDEEM
PRIZES FOR CASH, SUCH PRIZES WILL BE PAID TO THE PAYMENT MEDIUM FROM WHICH YOU PURCHASED
GOLD COINS, AND IF THIS IS NOT TECHNICALLY POSSIBLE, THEN THROUGH AN ELECTRONIC PAYMENT TO
THE BANK ACCOUNT YOU HAVE DESIGNATED.
1. DEFINITIONS
Collective Arbitration means any claim as part of a class, group, collective, coordinated, consolidated, mass,
or representative proceeding.
Content means text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds,
music, artwork, computer code and other material used, displayed or available as part of the Games and
Platform. Content includes Gold Coins and Sweeps Coins.
Customer Account means an account held by a Registered Customer.
Excluded Territory means the states of Washington, Michigan and Montana in the United States, as well asany outlying U.S. territories or possessions, the province of Quebec in Canada, and any other jurisdiction
outside of the United States and Canada.
Fraudulent Conduct means any of the conduct described in clause 11.1.
Game means any one or more Game(s) available on the Platform in either Standard Play or Promotional Play.
We reserve the right to add and/or remove Games from the Platform (including limiting their availability in
certain jurisdictions) at our sole discretion for any reason.
Gold Coin means the virtual social gameplay token which enables you to play the Standard Play Games.
Gold Coins have no monetary value and cannot under any circumstance be redeemed for prizes.
Inactive Account means a Customer Account which has not recorded any log in or log out for a period
exceeding 12 consecutive months.
Merchandise means any physical goods provided to you by FirePhoenix as a reward or as a
competition or tournament prize.
MGA means the Malta Gaming Authority.
Participate means playing any Games or using our Platform in any manner whatsoever, including any of the
conduct described in clause 3.
Payment Administration Agent means the service provided through any related body corporate, affiliate, or
third party we appoint to act as our agent, including but not limited to VGW Holdings Limited, VGW Corporation
Pty Ltd, VGW Malta Holding Limited, VGW Administration Malta Limited, Agence V Limited, VGW Holdings
US Inc, VGW US Inc and VGW Luckyland Inc.
Payment Medium means any card, online wallet, financial/bank account or other payment medium used to
purchase Gold Coins.
Platform means the services provided through any URL or mobile application belonging to, or licensed to,
VGW Group, and branded as part of the “FirePhoenix” family of games, including the website located at
https://www.firephoenix.top/, and all subdomains, subpages and successor sites thereof, as well as all
Games, features, tools and services available thereon.
Player or you means any person who Participates, whether or not a Registered Customer.
Player Support Team performs the player support function referred to in section 39(1) of the Player
Protection Directive.
Prizes means prizes won when playing Promotional Play Games which are redeemable for valuable prizes
in accordance with the Sweeps Rules.
Promotional Play means participation in our sweepstakes promotions by playing any games on the Platform
with Sweeps Coins.
Registered Customer means a Player who has successfully registered a Customer Account, whether that
account is considered active or not.
Standard Play means participating in any game on the Platform played with Gold Coins. We may give you
Gold Coins free of charge when you sign up to a Platform and thereafter at regular intervals when you log into
a Platform. You may win more Gold Coins when you play in Standard Play and you may purchase more Gold
Coins on the Platform. You cannot win prizes when you Participate in Standard Play.
Sweeps Coins means sweepstakes entries subject to the Sweeps Rules. We may give you Sweeps Coins
free of charge when you sign up to a Platform, as a bonus when you purchase Gold Coins or via each of our
free alternative methods of entry as set out in the Sweeps Rules. You may win more Sweeps Coins when you
Participate in Promotional Play. YOU CANNOT PURCHASE SWEEPS COINS.
Sweeps Rules means the Sweeps Rules available on the Platform.
Terms and Conditions means these terms and conditions, as amended from time to time.
Third Party Website means a third party website not controlled by us.
VGW GP means VGW GP Limited (company registration number C78260) a limited liability companyincorporated in Malta, and subject to Maltese law, having its registered address at Trident Park, Notabile
Gardens No6 – Level 3 Central Business District Mdina Road, Zone 2 BIRKIRKARA, CBD2010, Malta.
VGW Group, we, us or our means VGW Games, VGW Malta, VGW GP and related parties.
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 Trident Park, Notabile
Gardens No6 – Level 3 Central Business District Mdina Road, Zone 2 BIRKIRKARA, CBD2010, Malta.
VGW Games means VGW Games Limited (company registration number C76814) a limited liability company
incorporated in Malta, and subject to Maltese law, having its registered address at Trident Park, Notabile
Gardens No6 – Level 3 Central Business District Mdina Road, Zone 2 BIRKIRKARA, CBD2010, Malta.
LICENSING AND THE PROTECTION OF FUNDS
2. 2.1. The online social game known as “FirePhoenix” is owned and operated by VGW Malta. All payments are
processed by VGW Malta or any Payment Administration Agent it appoints. The sweepstakes promotions and
Prizes offered by FirePhoenix are operated by VGW Games. VGW Games is licensed and regulated in
Malta by the MGA to operate the Promotional Play Games with the Licence MGA/B2C/188/2010 dated 14
August 2017.
2.2. Funds equal to the aggregate value of Prizes which Registered Customers have chosen to leave unredeemed
are held by VGW Games in accounts separate from its business account. This means that steps have been
taken to protect such funds, but that in the event of insolvency there is no absolute guarantee that any Prizes
which you have not yet redeemed will be allocated or paid to you.
3. YOUR PARTICIPATION
Restrictions
3.1. You declare and warrant that:
(a) you are over 18 years of age or such higher minimum legal age of majority as stipulated in the jurisdiction
of your residence and are, under the laws applicable to you, legally allowed to participate in the Games
offered on the Platform;
(b) WHEN PARTICIPATING IN:
(c) (d) (e) (f) (g) (h) (i) i. STANDARD PLAY, YOU DO NOT RESIDE IN OR ACCESS THE PLATFORM FROM THE
EXCLUDED TERRITORIES; AND
ii. PROMOTIONAL PLAY, YOU DO NOT RESIDE IN OR ACCESS THE PLATFORM FROM THE
EXCLUDED TERRITORIES OR THE STATE OF IDAHO;
you participate in the Games strictly in your personal capacity for recreational and entertainment
purposes only;
you participate in the Games on your own behalf and not on the behalf of any other person;
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;
money that you use to purchase Gold Coins is not tainted with any illegality and, in particular, does not
originate from any illegal activity or source, or from ill-gotten means;
you will not purchase Gold Coins from a business or corporate account, but only an account held in your
name;
you will not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to your or
third parties’ participation in any of the Games and you will not use any software-assisted methods or
techniques (including but not limited to bots designed to play automatically) or hardware devices for
your participation in any of the Games. We reserve the right to invalidate any participation in the event
of such behaviour;
in relation to the purchase of Gold Coins, you must only use a valid Payment Medium which lawfully
belongs to you; and(j) you will not sell or trade for value, or seek to sell or trade for value, or accept as a sale or trade for value,
any Merchandise provided to you by FirePhoenix.
3.2. GOLD COIN PURCHASES MADE FROM WITHIN THE STATES OF WASHINGTON, MICHIGAN AND
MONTANA IN THE UNITED STATES OF AMERICA WILL BE VOIDED AND REFUNDED, MINUS AN
ADMINISTRATIVE FEE OF UP TO 10% OF THE TOTAL PURCHASES MADE BY THE PLAYER, IN
ADDITION TO ANY CHARGES THAT MAY BE LEVIED BY THE BANK OR FINANCIAL INSTITUTION
MANAGING THE AFOREMENTIONED REVERSAL.
3.3. It is a Player’s responsibility to ensure that their Participation is lawful in their jurisdiction. Any person who is
knowingly in breach of clause 3, including any attempt to circumvent this restriction, for example, by using a
VPN, proxy or similar service that masks or manipulates the identification of your real location, or by otherwise
providing false or misleading information regarding your location or place of residence, or by Participating from
an Excluded Territory or through a third party or on behalf of a third party located in an Excluded Territory, is
in breach of these Terms and Conditions. You may be committing fraud and may be subject to criminal
prosecution.
Eligible Players
3.4. Employees of VGW Group, any of their respective affiliates, subsidiaries, holding companies, advertising
agencies, or any other company or individual involved with the design, production, execution or distribution of
the Games and their immediate family (spouse, parents, siblings and children, whether the relationship is by
birth, marriage or adoption) and household members (people who share the same residence at least 3 months
of the year) are not eligible to Participate.
4. LICENCE
4.1. Subject to your agreement and continuing compliance with these Terms and Conditions, VGW Group grants
you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access and
use the Platform and the Content through a supported Web browser or mobile device, solely for your personal,
private entertainment and no other reason.
4.2. 4.3. These Terms and Conditions do not grant you any right, title or interest in the Platform or Content.
You acknowledge and agree that your licence to use the Platform is limited by these Terms and Conditions
and if you do not agree to, or act in contravention of, these Terms and Conditions, your licence to use the
Platform (including the Games and Content) may be immediately terminated.
4.4. Where the Platform or any Game is deemed to be illegal under the laws of the jurisdiction in which you reside
or are situated, you will not be granted any licence to, and must refrain from accessing, the Platform or relevant
Game.
5. YOUR CUSTOMER ACCOUNT
Single Account
5.1. You are allowed to have only one Customer Account, including any Inactive Account, on the Platform. If you
attempt to open more than one Customer Account, all accounts you have opened or try to open may be
suspended or closed and the consequences described in clause 21.3 may be enforced.
5.2. You must notify us immediately if you notice that you have more than one registered Customer Account,
whether active or not, on any one Platform. DO NOT CREATE A NEW CUSTOMER ACCOUNT IF YOU WISH
TO CHANGE YOUR EMAIL, ADDRESS OR SURNAME.
Accuracy
5.3. You are required to keep your registration details up to date at all times. If you change your address, email,
phone number or any other contact details or personal information contact Customer Support via this form and
choose ‘Request Support’ from the drop down menu in order to update your details. The name that you provide
to us at registration must be identical to that listed on your government issued identification.
Security and Responsibility of Your Customer Account
5.4. As part of the registration process, you will have to choose a password to login into the Platform, unless you
login to your Customer Account using the Facebook® login facility in which case your Facebook® password
will apply.5.5. It is your sole and exclusive responsibility to ensure that your Customer Account login details and any Payment
Mediums are kept secure and are only accessible by you. You accept full responsibility for any unauthorised
use of your Customer Account and any activity linked to your Customer Account, including by a minor (which
in all events is prohibited).
5.6. You must not share your Customer Account or password with another person, let anyone else access or use
your Customer Account or do any other thing that may jeopardise the security of your Customer Account.
5.7. If you become aware of, or reasonably suspect that security in your Customer Account has been compromised,
including loss, theft or unauthorised disclosure of your password and Customer Account details, you must
notify us immediately.
5.8. You are solely responsible for maintaining the confidentiality of your password and you will be held responsible
for all uses of your Customer Account, including any purchases made under the Customer Account, whether
those purchases were authorised by you or not.
5.9. You are solely responsible for anything that happens through your Customer Account, whether or not you
undertook those actions. You acknowledge that your Customer Account may be terminated if someone else
uses it and engages in any activity that breaches these Terms and Conditions or is otherwise illegal.
5.10. We are not responsible for any abuse or misuse of your Customer Account by third parties due to your
disclosure of your login details to any third party, whether such disclosure is intentional or accidental, active or
passive.
Account Transfers
5.11. You may not transfer Gold Coins or Sweeps Coins between Customer Accounts, or from your Customer
Account to other players, or to receive Gold Coins or Sweeps Coins from other Customer Accounts into your
Customer Account, or to transfer, sell or acquire Customer Accounts. Any attempt to circumvent these
prohibitions is ground for immediate closure of your Customer Account, without prejudice to any other rights
or remedies available to us.
Inactive Customer Accounts
5.12. We reserve the right to close your Customer Account if it is deemed to be an Inactive Account.
Closing of Customer Accounts
5.13. If you wish to close your Customer Account you may do so at any time by selecting the “Contact Us” link on
the Platform and submitting a request to close your Customer Account. Closing your Customer Account will
forfeit all continued access to and right to use, enjoy or benefit from any Gold Coins, Sweeps Coins and
unredeemed Prizes associated with your Customer Account.
5.14. If the reason behind the closure of your Customer Account is related to concerns about possible responsible
social gameplay issues you must indicate this in your request to close your Customer Account. Further details
are provided in our Responsible Social Gameplay Policy.
5.15. You may be able to open your Customer Account again by sending a request to the Customer Support team.
All requests for the re-opening of an account will be evaluated by our Customer Support and Compliance
teams, who abide by strict customer protection guidelines.
Discretion to Refuse or Close Accounts
5.16. We reserve the right to place limits on, suspend, close, or refuse to open a Customer Account in our sole
discretion. If we close your Customer Account pursuant to clause 21.1 of these Terms and Conditions, the
consequences set out in clause 21 shall apply. If we close your Customer Account for other reasons, we will
make reasonable efforts to enable you to redeem any Prizes in your Customer Account, but any licence to
continued use, enjoyment or benefit of or from the Gold Coins and Sweeps Coins will be terminated.
6. GAMES
Rules
6.1. Games offered on the Platform may have their own rules which are available on the Platform. 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.6.2. 6.3. 6.4. 6.5. 6.6. 6.7. 6.8. 6.9. 6.10. 6.11. 6.12. 6.13. 6.14. Gold Coin Purchases
The Payment Medium you use to purchase Gold Coins must be legally and beneficially owned by you and in
your name. If it comes to our attention that the name you registered on your Customer Account and the name
linked to your Payment Medium differ, your Customer Account will be immediately suspended. Should your
Customer Account be suspended, we recommend that you contact Customer Support via this form for details
regarding our verification process.
We reserve the right to request documents and information to verify the legal and beneficial ownership of the
Payment Medium you use to make Gold Coin purchases.
You agree that we and our Payment Administration Agents and payments facilitators may store your payment
information (e.g., card number or token) to process your future purchases. By accepting these Terms and
Conditions, you authorize VGW Malta and our Payment Administration Agents and payments facilitators to
store your payment credentials in compliance with applicable payment processing regulations.
VGW Malta begins processing a payment for the purchase of Gold Coins when you click on the “MAKE
PAYMENT” button.
No Refunds. Purchases of Gold Coins are final and are not refundable, transferable or exchangeable. You
agree to notify us about any billing problems or discrepancies within 30 days from the date of your purchase.
If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such
problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs,
claims, fees, fines, penalties and any other liability incurred by us (including costs and related expenses) that
were caused by or arising out of payments that you authorized or accepted or that were authorized or accepted
using your Customer Account (even if not authorized by you).
Gold Coin and Sweeps Coins Balance
You may participate in any Game only if you have sufficient Gold Coins or Sweeps Coins (as applicable) in
your Customer Account for such Participation. We will not extend you any credit whatsoever for the purchase
of Gold Coins or otherwise.
From time to time, we may assign minimum or maximum Gold Coin purchases as specified and offered on the
Platform.
Once a Gold Coin purchase has been made, the funds will be drawn from your Payment Medium as soon as
practicable.
The purchase of Gold Coins is the purchase of a licence that allows you to Participate in Standard Play Games
and is not the deposit of funds which can be withdrawn. Funds used to purchase Gold Coins will not, and
cannot, be refunded to you, except as provided for in clause 6.6. Gold Coins do not have any real money
value.
Gold Coins or Sweeps Coins that have been submitted for play and accepted cannot be changed, withdrawn
or cancelled and the Gold Coins or Sweeps Coins (whichever applicable) will be drawn from your Gold Coin
or Sweeps Coins balance instantly.
If you are found to have one or more of your purchases returned or reversed or charged back, your Customer
Account will be suspended. If this occurs, the amount of such purchases will constitute a debt owed by you to
us and you must immediately remit payment for such purchases through an alternative payment method. Until
payment is received by us or our Payment Administration Agent, any purchases and winnings will be deemed
void and requests to redeem Sweeps Coins for Prizes will not be allowed.
In accordance with the Sweeps Rules:
(a) (b) unless we require otherwise in accordance with clause 6.13(b), any Sweeps Coin allocated to you is
only required to be played once before it is eligible to be redeemed as a Prize; and
we may, in our sole discretion, require that any Sweeps Coins allocated to you be played a greater
number of times (not exceeding 20) in any combination of Promotional Play Games before it is able to
be redeemed as a Prize.
Void Games
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 pay-table, win-table,
minimum or maximum stakes, odds or software.Final Decision
6.15. In the event of a discrepancy between the result showing on a user’s device and the VGW Group server
software, the result showing on the VGW Group server software will be the official and governing result.
7. PROMOTIONS
7.1. All promotions, including Games played in Promotional Play, contests, special offers and bonuses, are subject
to these Terms and Conditions, the Sweeps Rules and to additional terms that may be published at the time
of the promotion.
7.2. 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.
7.3. VGW Group reserves the right, at its sole discretion, to withdraw or modify such promotions (including their
availability) without prior notice to you.
7.4. If, in the reasonable opinion of VGW Group, we form the view that a Registered Customer is abusing any
promotion, to derive any advantage or gain for themselves or other Registered Customers, 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.
7.5. Without limiting clause 12.4, you confirm that you grant VGW Group 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.
8. REDEMPTION OF PRIZES
Prize Redemption Methods
8.1. Subject to these Terms and Conditions:
(a) (b) When you choose to redeem Prizes for gift cards, the gift cards will be allocated to the email address
that you have registered against your Customer Account, or if this is not technically possible, then to an
alternative email address you nominate, provided that email address is also your address and not that
of a third party; and
When you choose to redeem Prizes for cash, the cash payment will be made to the Payment Medium
from which you purchased Gold Coins, or if this is not technically possible, then to an alternative financial
account you nominate, provided that account is legally and beneficially owned by you. We reserve the
right to require the use of the same payment method for redemption of Prizes as was used to purchase
Gold Coins, or a specific payment method at our own discretion.
Limits and Fees
8.2. We reserve the right to charge fees for processing the redemption of Prizes to you and to set a minimum
redemption threshold of SC100 for Prize redemptions.
8.3. In New York and Florida, the maximum redemption value for a Prize won on any one spin or play is USD
$5,000 and any Prize with a value in excess of USD $5,000 will be reduced to a maximum value of USD
$5,000.
8.4. We reserve the right, in our sole discretion, to limit the value of your Prize redemptions to:
(a) USD$10,000 per day; or
(b) any other amount over any time that we consider necessary to satisfy our regulatory obligations or the
requirements of our partners and suppliers.
Your Responsibility for Prize Redemptions and Accuracy of Details
8.5. When you choose to redeem Prizes for gift cards pursuant to clause 8.1(a), it is your sole responsibility to
ensure that the email address and all relevant details you provide are accurate. If the details you have provided
are not accurate, and we have processed the redemption using the details you have provided, the redemption
of that Prize is complete and we are not required to reissue the gift cards.8.6. If no valid email address is provided to us within 60 days of a request from us to do so, VGW Group is not
obliged to allocate the gift cards to you and may in its discretion deem the Prizes to be void.
8.7. When you choose to redeem Prizes for cash, it is your sole responsibility to ensure that your financial institution
will accept payment from us into your bank account. VGW Group has no obligation to check whether your
financial institution will accept payments from us to your nominated bank account.
8.8. Subject to clause 8.9, we will not make payments into an account or online wallet which does not match your
verified name or the name you provided when registering your Customer Account, or that is not legally and
beneficially owned by you.
8.9. Prizes redeemed for cash:
(a) (b) will be paid into a joint account or joint wallet provided that one of the names on the joint account or joint
wallet matches the name you provided when registering your Customer Account or your verified name
and all verification checks we require in relation to you and the other account holder are completed to
our satisfaction. For the avoidance of doubt, if either joint account holder does not satisfy our verification
requirements, as determined solely at our discretion, we will not make payments into the nominated
joint account;
will not be paid into:
(i) a joint account or joint wallet where one of the joint owners is a minor; or
(ii) custodial accounts; or
(iii) any account held on trust for, or for the benefit of, a third party (including a minor).
8.10. Where you are required to provide the details of your financial institution, bank account or online wallet, you
agree that you are solely responsible for the accuracy of those details. You further agree that, where you have
chosen to redeem a Prize for cash and the details you have provided are not accurate, and we have processed
the payment using the details you have provided, the redemption of that Prize is complete and we cannot and
are not required to reverse or reissue the payment.
8.11. You acknowledge and agree that, if your financial institution will not accept payments from VGW Group or
where your bank account or online wallet does not meet the requirements in these Terms and Conditions:
(a) (b) (c) you will be required to nominate an alternative bank account for the payment;
there will be delays in the processing of the payment to you; and
if you are unable to nominate an alternative bank account which meets the requirements set out in these
Terms and Conditions within 60 days of a request from us to do so, VGW Group is not obliged to make
the relevant payments to you and may in its discretion deem the Prizes to be void.
Currency
8.12. All Gold Coin purchases and direct bank transfer payments are executed in USD. It is a Player’s responsibility
to ensure that their nominated bank account can accept transactions in USD.
8.13. All foreign exchange transaction fees, charges or related costs that you may incur as a result of, or in relation
to, payments made by the VGW Group to you are to be borne solely by you, including but not limited to any
losses or additional costs arising from foreign exchange fluctuations.
Timing and Frequency for Prize Redemptions
8.14. We process requests to redeem Prizes in the order in which they are received. Our goal is to process your
request as soon as practicable.
8.15. 8.16. We will only process one Prize redemption request per Customer Account in any 24 hour period.
Where you choose to redeem Prizes for cash you acknowledge and agree that it may take up to 10 business
days to process the relevant payment into your nominated bank account.
8.17. There may be delays in payments due to our identity verification process and certain Payment Mediums will
require additional verification at the time of redemption.
8.18. Payments of over US$10,000 may require a longer processing time than usual due to bank clearance and
security and fraud checks and may also be paid in more than one lump sum. This may add up to 7 days to the8.19. normal processing time but is dependent on the circumstances of each individual case.
Without limiting clause 8.2, you can request to redeem a Prize of any value; however, we reserve the right to:
reject a Prize redemption request on the basis that it exceeds the limits referred to in clause 8.3 or 8.4;
(a) or
(b) allocate or pay Prizes in smaller increments over a number of days until all of the Prize has been
allocated or paid.
Payment Administration Agent
8.20. You acknowledge and agree that we may in our sole discretion, from time to time, appoint one or more
Payment Administration Agents to accept or make payments (including merchant facilities) from or to Players
on our behalf.
8.21. A Payment Administration Agent will have the same rights, powers and privileges that we have under these
Terms and Conditions and will be entitled to exercise or enforce their rights, powers and privileges as our
agent or in their own name. In no event will we be liable to any Player for any loss, damage or liability resulting
from the Payment Administration Agent's negligence or acts beyond the authority given by VGW Group.
Expiry and Forfeiture
8.22. Sweeps Coins are only valid for 60 days from the date you last logged on to your Customer Account and will
thereafter automatically expire.
8.23. Sweeps Coins may be forfeited if a Customer Account is closed for any reason, or at our discretion.
Updating Payment Details
8.24. Updating or adding additional payment details for the sole purpose of redeeming Prizes may only be done by
you when logged into your Customer Account and when you are undergoing the process of redeeming a Prize.
We cannot update or add additional payment details on your behalf.
Refused Prizes
8.25. If you choose to redeem Prizes for cash but refuse to accept payments made to your nominated bank account
by VGW Group, you must refuse the amount in its entirety. Where you refuse to accept payment to your
nominated bank account more than twice in any 3 month period, VGW Group reserves the right to suspend
your Customer Account to undertake investigations to ensure that the Platform is not being used as a vehicle
for fraudulent activity.
Mistaken Additions
8.26. If at any time we mistakenly add Gold Coins or Sweeps Coins to your Customer Account that do not belong to
you, whether due to a technical error, human error or otherwise, the Gold Coins or Sweeps Coins added by
mistake will remain VGW Group property and will be deducted from your Customer Account. If you become
aware that you have mistakenly received a prize redemption that does not belong to you prior to us becoming
aware of the error, the mistakenly paid amount will (without prejudice to other remedies and actions that may
be available at law) constitute a debt owed by you to us. In the event you discover an incorrect addition of Gold
Coins or Sweeps Coins, you are obliged to notify Customer Support by using the “Contact” link on the Platform
without delay.
9. VERIFICATION
Verification Checks
9.1. You agree that we are entitled to conduct any identification, credit and other verification checks that we may
reasonably require or that are required of us under applicable laws and regulations or by relevant regulatory
authorities or to otherwise prevent financial crime.
9.2. Until all required verification checks are completed to our satisfaction:
(a) (b) any request you have made for redemption of Prizes will remain pending; and
we are entitled to restrict your Customer Account in any manner that we may reasonably deem
appropriate, including by suspending or closing your Customer Account.9.3. We will carry out additional verification procedures in accordance with our internal anti-financial crime policies,
including without limitation for any cumulative or single redemption of Prizes exceeding a value of USD$2,000
(or any USD amount that is equivalent to or greater than €2,000 from time to time). Verification procedures
may, for example, include requests for, and our examination of, copies of your:
(a) identification documentation (including photo identification) such as a passport;
(b) proof of your address such as a utility bill; and
(c) source of wealth or source of funds documentation such as a payslip or bank statement.
9.4. Where any identification, credit or other verification check we require cannot be completed to our satisfaction
because you have not provided any document we request from you in the form that we require within 30 days’
of the date the document was first requested, then we are under no obligation to continue with the verification
check and we may, in our sole discretion, close or otherwise restrict your Customer Account in any manner
that we may reasonably deem appropriate.
9.5. Players who request the redemption of Prizes held in a suspended or closed Customer Account should contact
Customer Support via this form. Nothing in this provision should be construed as conveying a right to any such
redemption. Your rights in that regard are as set out elsewhere in these Terms and Conditions.
External Verification Checks
9.6. You agree that VGW Group may use third party service providers to run external identification and other
verification checks on all Customers on the basis of the information provided by you from time to time.
10. RESPONSIBLE SOCIAL GAMEPLAY
10.1. VGW Group actively supports responsible social gameplay and encourages its Players to make use of a variety
of responsible social gameplay features.
10.2. You may, at any time, request to take a break, self-exclude or permanently close your Customer Account. You
may also set a limit on your purchases of Gold Coins, the amount of Sweeps Coins you play or the time you
spend logged into your Customer Account. We refer you to our Responsible Social Gameplay Policy for full
details.
10.3. VGW Group is committed to providing excellent customer service. As part of that pledge, VGW Group is
committed to supporting responsible social gameplay. Although VGW Group will use all reasonable
endeavours to enforce its responsible social gameplay policies, VGW Group does not accept any responsibility
or liability if you nevertheless continue gameplay and/or seek to use the Platform with the intention of
deliberately avoiding the relevant measures in place and/or VGW Group is unable to enforce its
measures/policies for reasons outside of VGW Group’s reasonable control.
11. FRAUDULENT CONDUCT
11.1. You will not, directly or indirectly:
(a) (b) (c) (d) (e) (f) (g) hack into any part of the Games or Platform through password mining, phishing, or any other means;
attempt to modify, reverse engineer, or reverse-assemble any part of the Games or Platform;
knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware, or other similar material;
circumvent the structure, presentation or navigational function of any Game so as to obtain information
that VGW Group has chosen not to make publicly available on the Platform;
engage in any form of cheating or collusion;
use the Platform and the systems of VGW Group to facilitate any type of illegal money transfer (including
money laundering proceeds of crime); or
participate in or take advantage of, or encourage others to participate in or take advantage of schemes,
organisations, agreements, or groups designed to share:
(i) special offers or packages emailed to a specific set of players and redeemable by URL; or
(ii) identification documents (including, but not limited to, photographs, bills and lease documents)
for the purpose of misleading VGW Group as to a Player’s identity.11.2. You must not use the Platform for any unlawful or fraudulent activity or prohibited transaction (including
Fraudulent Conduct) under the laws of any jurisdiction that applies to you. We monitor all transactions in order
to prevent money laundering.
11.3. If VGW Group suspects that you may be engaging in, or have engaged in fraudulent, unlawful or improper
activity, including money laundering activities or any conduct which violates these Terms and Conditions, your
access to the Platform will be suspended immediately and your Customer Account may be closed. If your
Customer Account is suspended or closed under such circumstances, VGW Group is under no obligation to
reverse any Gold Coin purchases you have made or to redeem any Sweeps Coins or Prizes that may be in
your Customer Account. In addition, VGW Group may pass any necessary information on to the relevant
authorities, other online service providers, banks, credit card companies, electronic payment providers or other
financial institutions. You will cooperate fully with any VGW Group investigation into such activity.
11.4. If you suspect any unlawful or fraudulent activity or prohibited transaction by another Player, please notify us
immediately via the means of communication listed in the Customer Complaints procedure (described in clause
20).
12. INTELLECTUAL PROPERTY
12.1. The computer software, the computer graphics, the Platform and the user interface that we make available to
you is owned by, or licensed to, VGW Games or its associates and protected by intellectual property laws. You
may only use the software for your own personal, recreational uses in accordance with all rules, terms and
conditions we have established (including these Terms and Conditions and the Sweeps Rules) and in
accordance with all applicable laws, rules and regulations.
12.2. You acknowledge that VGW Group is the proprietor or authorized licensee of all intellectual property in relation
to any Content.
12.3. Your use of the Games and Platform does not provide you with any intellectual property rights in the Content,
Games or Platform.
12.4. 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 information, images,
videos, comments, messages, music or profiles you publish or upload to any website or social media page
controlled and operated by VGW Group.
12.5. You must not reproduce or modify the Content in any way, including by removing any copyright or trademark
notice.
12.6. All trademarks and logos displayed in the Games and Platform are the property of their respective owners and
are protected by applicable trademark and copyright laws.
13. THIRD PARTY WEBSITES, LINKS OR GAMES
Third Party Websites
13.1. You acknowledge and agree that VGW Group:
(a) (b) is not responsible for Third Party Websites; and
makes no guarantee as to the content, functionality, or accuracy of any Third Party Website.
13.2. You further acknowledge that some Third Party Websites may be fraudulent in nature, offering Gold Coins or
Sweeps Coins which the operators of those websites are not authorized to provide, in an effort to induce you
to reveal personal information (including passwords, account information and credit card details). You agree
that VGW Group is not responsible for any actions you take at the request or direction of these, or any other
Third Party Websites. WE DO NOT AUTHORIZE ANY THIRD PARTY TO OFFER GOLD COINS OR
SWEEPS COINS. Any such offer should be deemed fraudulent and disregarded.
13.3. Third Party Websites are subject to the terms and conditions outlined by that third party.
Links
13.4. Any links to Third Party Websites do not:
(a) (b) indicate a relationship between VGW Group and the third party; or
indicate any endorsement or sponsorship by VGW Group of the Third Party Website, or the goods orservices it provides, unless specifically indicated by VGW Group.
13.5. Where a website controlled and operated by VGW Group contains links to various social networking sites,
such as Facebook® and Twitter®, you acknowledge and agree that:
(a) (b) (c) 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;
you will not post any comments that are false, misleading or deceptive or defamatory to us, our
employees, agents, officers or other players; and
we are not responsible or liable for any comments or content that you or others post on social networking
sites.
Games
13.6. Games displaying the “Playtech” logo (a “Playtech Game”), are solely and exclusively owned by Playtech
Software Limited, including all intellectual property rights in or to the online software relating to such Playtech
Game.
13.7. You will not have any recourse against Playtech or any member of its group in relation to any Playtech Game
and any recourse you may have in connection with the software connected to any Playtech Game is limited to
the VGW Group.
14. DISRUPTIONS AND CHANGE
No warranties
14.1. The Platform 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 Platform (including the Games and Content).
Malfunctions
14.2. VGW Group 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.
14.3. VGW Group accepts no liability for any damages or losses which are deemed or alleged to have arisen out of
or in connection with any Platform 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 a Platform
or its Content or any errors or omissions in Content.
14.4. 14.5. In the event of a Platform system malfunction all Game play on that Platform is void.
In the event a Game is started but fails to conclude because of a failure of the system, VGW Group will use
commercially reasonable efforts to reinstate the amount of Gold Coins or Sweeps Coins played (whichever
applicable) in the Game to you by adding them to your Customer Account. VGW Group reserves the right to
alter Player balances and account details to correct such mistakes.
14.6. VGW Group reserves the right to remove any part of the Games from the Platform at any time. Any part of the
Games that indicate incorrect behaviour affecting Prize redemption, game data, Gold Coin balances, Sweeps
Coins balances or other balances, that may be due to misconfiguration or a bug, will be cancelled and removed
from the Platform. Player balances and account details may be altered by VGW Group in such cases in order
to correct any mistake.
Changes to the Platform
14.7. VGW Group reserves the right to suspend, modify, remove or add Content (including its availability) to the
Platform 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 to, or suspension, unavailability, or
discontinuance of, the Platform (including any Game, promotion, challenge or Content thereon) and you will
have no claims against VGW Group in such regard.
Service Suspension
14.8. We may temporarily suspend the whole or any part of the Platform 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 Platform, as soon as is reasonably practicable, after such temporary suspension.15. TERRITORIAL AVAILABILITY
15.1. The Platform, or any feature thereof (including any and all Games, promotions, challenges and Content), may
not be available in all territories and jurisdictions and VGW makes no representation that the Platform is or
shall remain available for use in any particular territories and jurisdictions. You acknowledge and agree that
VGW may (at its sole discretion) change, restrict or prohibit the availability of all or a portion of the Platform in
certain territories and jurisdictions at any time, and you will have no claims against VGW Group in such regard.
15. VIRUSES
16.1. Although we take all reasonable measures to ensure that the Platform is free from viruses we cannot and do
not guarantee that the Platform is free of such problems. It is your responsibility to protect your systems and
have in place the ability to reinstall any data or programs lost due to a virus.
16. PRIVACY POLICY
17.1. VGW Group is committed to protecting and respecting your privacy and complying with all applicable data
17.2. protection and privacy laws.
Our Privacy Policy is inseparably linked to these Terms and Conditions and its acceptance is a prerequisite to
account registration.
17. MARKETING COMMUNICATIONS
18.1. You consent to receive marketing communications from VGW Group in respect of its offerings by way of email,
post, SMS and telephone notifications, any of which you may unsubscribe from at any time by contacting
Customer Support via this form.
USE OF LIVE CHAT SERVICES
18. 19.1. We may provide you with a Live Chat service to talk to our Customer Support representatives, or to talk to
other Players. This may include use of our Facebook® wall. It is your responsibility to use these services only
for their intended purposes. You are not permitted to use our Live Chat services for illegal purposes.
19.2. Be careful what you post on any Live Chat service. We review and moderate chats and keep a log and record
of statements. Your use of the Live Chat service should be for recreational and social purposes only.
19.3. Spamming on Live Chat is prohibited. You are prohibited from intimidating, harassing or abusing other Players
or VGW Group employees and representatives.
19.4. You will not use any Live Chat service to engage in any form 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.
19.5. You will not use any Live Chat service to infringe the privacy rights, property rights, or any other rights of any
person.
19.6. You will not submit any kind of material or information on any Live Chat service that is fraudulent or otherwise
unlawful or violates any law.
19.7. You will not use any Live Chat service to distribute, promote or otherwise publish any material containing any
solicitation for funds, advertising or solicitation for goods or services of other forums.
19.8. You will not use any Live Chat service to distribute, promote or otherwise publish any kind of malicious code
or do anything else that might cause harm to the Platform or to other Player’s systems in any way.
19.9. We reserve the right to monitor anything and everything submitted by you to any Live Chat service to ensure
that it conforms to content guidelines that are monitored by us and subject to change from time to time.
19.10. If you breach any of the provisions relating to a Live Chat service, we may ban you from using that Live Chat
service or all Live Chat services and/or suspend or close your Customer Account. If we close your Customer
Account, we reserve the right to cancel or refuse to redeem any Prizes.
19.11. 19.12. 19.13. We reserve the right to remove any Live Chat service from the Platform if abused.
We will not be liable if damage arises out of the Live Chat service.
You agree to indemnify us against any damage arising out of your illegal, unlawful or inappropriate conduct orarising out of violation of the provisions in clause 19 or any other rules on the Platform applying to the Live
Chat service.
19.14. You will not collude in any way through the Live Chat service. Players are encouraged to report any suspicious
behaviour to Customer Support via this form.
19.15. 20.1. We reserve the right to report any suspicious behaviour or chats on the Live Chat service to the MGA.
19. COMPLAINTS AND CUSTOMER SUPPORT
If you would like to contact our Customer Support department or have a complaint regarding our Platform
(including any Game) you may contact us via this form.
20.2. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND VGW GROUP SHOULD BE CARRIED OUT USING
THE EMAIL ADDRESS THAT YOU HAVE REGISTERED AGAINST YOUR CUSTOMER ACCOUNT HELD
WITH VGW GROUP. FAILURE TO DO SO MAY RESULT IN OUR RESPONSE BEING DELAYED.
20.3. The following information must be included in any written communication with VGW Group (including a
complaint):
(a) your username;
(b) (c) (d) your first and last name, as registered on your Customer Account;
a detailed explanation of the complaint/claim; and
any specific dates and times associated with the complaint/claim (if applicable).
20.4. Failure to submit a written communication with the information outlined above may result in a delay in our
ability to identify and respond to your complaint/claim in a timely manner. The FirePhoenix Player Support
Team (“PST”) will inquire into complaints immediately. The PST will endeavour to respond to complaints within
10 calendar days of lodgement.
20.5. In some circumstances, the PST will require up to 20 calendar days to respond to a complaint. In this case,
the Player will be informed of the delay within 10 calendar days of lodging the complaint.
20.6. After completing our internal complaints process, if the player feels the complaint was not resolved to their
satisfaction, the player may choose to request an external examination of the handling of their complaint by
engaging our service provider in Malta, Pardee Consulta. Further information about Pardee Consulta can be
found here. You agree that the decision of Pardee Consulta can be considered in any processes initiated under
clause 24 of these Terms and Conditions. Your decision whether or not to engage Pardee Consulta is entirely
voluntary. You may choose to invoke the processes under clause 24 regardless of whether or not you choose
to engage in the Pardee Consulta examination procedure.
20.7. To start the external examination process, please complete Pardee Consulta’s ‘Online Dispute Resolution
Form which can be found here.
21.1. 21. CLOSURE/SUSPENSION OF ACCOUNT
Without limiting clause 5.16, we reserve the right, at our sole discretion, to suspend or close your Customer
Account (notwithstanding any other provision contained in these Terms and Conditions) where we have reason
to believe that you have engaged or are likely to engage in any of the following activities:
(a) (b) (c) (d) (e) you breached, or assisted another party to breach, any provision of these Terms and Conditions or the
Sweeps Rules, or we have a reasonable ground to suspect such breach;
you have more than one Customer Account, including any Inactive Account, on any Platform;
the name registered on your Customer Account does not match the name on (i) your Payment Medium
used to make purchases of Gold Coins or (ii) the account into which you elect to redeem Prizes or you
do not legally and beneficially own such Payment Medium or redemption account;
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;
your Customer Account is deemed to be an Inactive Account;21.2. 21.3. 21.4. 21.5. 22. 22.1. (f) you become bankrupt;
(g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) you provide incorrect or misleading information;
your identity or source of wealth or source of funds (if requested) cannot be verified;
you attempt to use your Customer Account through a VPN, proxy or similar service that masks or
manipulates the identification of your real location, or by otherwise providing false or misleading
information regarding your citizenship, location or place of residence, or by playing Games using the
Platform through a third party or on behalf of a third party;
you are not over 18 years of age or such higher minimum legal age of majority as stipulated in the
jurisdiction of your residence;
you are located in a jurisdiction:
i. where Participation is illegal; or
ii. where you are ineligible to Participate in Promotional Play in accordance with the Sweeps
Rules.
you have allowed or permitted (whether intentionally or unintentionally) someone else to Participate
using your Customer Account;
you have played in tandem with other Player(s) as part of a club, group, etc., or played the Games in a
coordinated manner with other Player(s) involving the same (or materially the same) selections;
without limiting clause 6.12, where VGW Group has received a “charge back”, claim or dispute and/or
a "return" notification via your Payment Medium;
you have failed our due diligence procedures, or are found to be colluding, cheating, money laundering
or undertaking any kind of fraudulent activity;
it is determined by VGW Group that you have employed or made use of a system (including machines,
computers, software or other automated systems such as bots) which give you an unfair advantage; or
you do not meet the criteria set out in our Customer Acceptance Policy.
If VGW Group suspends or closes your Customer Account for any of the reasons referred to in clause 21.1
above, you will be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or
suffered by VGW Group (together “Claims”) arising therefrom and you will indemnify and hold VGW Group
harmless on demand for such Claims.
If we have reasonable grounds to believe that you have participated in any of the activities set out in clause
21.1 above then we reserve the right to withhold all or part of the balance or recover from your Customer
Account any Prizes, Gold Coins or Sweeps Coins that are attributable to any of the activities contemplated in
clause 21.1. In such circumstances, your details may be passed on to any applicable regulatory authority,
regulatory body or any other relevant external third parties.
If your Customer Account is suspended or closed and this leads to the withholding of Prizes, Sweeps Coins or
Gold Coins, a documented copy of the decision may be sent to the MGA, as appropriate. It will not be possible
for you to unlock your Customer Account during any suspension period.
The rights set out in clause 21 are without prejudice to any other rights that we may have against you under
these Terms and Conditions or otherwise.
INDEMNITY AND LIMITATION OF LIABILITY
Indemnity
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US AND OUR AFFILIATES, AND OUR RESPECTIVE
PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBCONTRACTORS,
LICENSORS, SUPPLIERS AND AGENTS 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) ACCESSING OR USING THE PLATFORM;22.2. 22.3. 22.4. 22.5. 22.6. 23. 23.1. 23.2. 24. (b) (c) (d) (e) RE-USE OF ANY CONTENT AT, OR OBTAINED FROM, THE PLATFORM OR ANY OTHER SOURCE
WHATSOEVER;
FACILITATING OR MAKING A PAYMENT INTO YOUR CUSTOMER ACCOUNT;
PLAYING THE GAMES THROUGH ANY DELIVERY MECHANISM OFFERED; AND
ACCEPTANCE AND USE OF ANY PRIZE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES
WHATEVER WILL WE OR OUR AFFILIATES, OR OUR RESPECTIVE PARTNERS, OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND
SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT
OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR
PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES,
BUSINESS INTERRUPTION, LOST REVENUE, INCOME, GOODWILL, USE OF DATA OR OTHER
INTANGIBLE LOSSES, IN EACH CASE THAT RESULT FROM OR RELATE IN ANY MANNER TO YOUR
PARTICIPATION OR ANY OTHER ACT OR OMISSION BY US.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE,
OUR AFFILIATES, AND OUR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS OR SUPPLIERS, BE LIABLE TO YOU
FOR MORE THAN THE AMOUNT YOU HAVE PAID US IN THE THIRTY (30) DAYS IMMEDIATELY
PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND
AGREE THAT IF YOU HAVE NOT PAID US ANY AMOUNTS IN THE THIRTY (30) DAYS IMMEDIATELY
PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND
EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE PLATFORM AND TO CLOSE
YOUR CUSTOMER ACCOUNT.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS IN CLAUSES 14 AND 16, AND
THE INDEMNITIES AND LIMITATIONS OF LIABILITY IN CLAUSE 22, ARE MATERIAL AND BARGAINED-
FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED
IN THE DECISION BY YOU TO ENTER INTO THESE TERMS AND CONDITIONS. Depending on where you
reside and use the Platform, some of the limitations contained in clause 22 may not be permissible. In such
case, they will not apply to you, solely to the extent so prohibited.
Negligence and Wilful Misconduct
NOTHING IN THESE TERMS AND CONDITIONS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY OF
VGW GROUP FOR DEATH OR PERSONAL PHYSICAL INJURY THAT IS DIRECTLY AND PROXIMATELY
CAUSED BY VGW GROUP’S NEGLIGENCE OR WILFUL MISCONDUCT.
Survival of Obligations
CLAUSE 22 SURVIVES THE TERMINATION OF THESE TERMS AND CONDITIONS FOR ANY REASON.
VGW GROUP NOT A FINANCIAL INSTITUTION
Interest
You will not receive any interest on outstanding Prizes, and you will not treat VGW Group as a financial
institution.
No legal or tax advice
VGW Group does not provide advice regarding tax and/or legal matters. Players who wish to obtain advice
regarding tax and legal matters are advised to contact appropriate advisors.
DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS
PLEASE READ THIS CLAUSE 24 CAREFULLY BECAUSE IT MAY REQUIRE YOU AND VGW GROUP TO
ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER
IN WHICH YOU AND VGW GROUP CAN SEEK RELIEF FROM EACH OTHER. If you reside in or access
the Games at any time while located in the United States, this clause 24 (Dispute Resolution and Agreementto Arbitrate on an Individual Basis) shall be construed under and be subject to the Federal Arbitration Act,
notwithstanding any other choice of law set out in these Terms and Conditions.
By agreeing to these Terms and Conditions, and to the extent permitted by applicable law, you and VGW
Group agree that any and all past, present and future disputes, claims or causes of action between you and
VGW Group arising out of or relating to these Terms and Conditions, the Platform and Games, the formation
of these Terms and Conditions or any other dispute between you and VGW Group or any of VGW Group's
licensors, distributors, suppliers or agents, and whether arising prior to or after your agreement to this clause
24, (collectively, "Dispute(s)") will be governed by the procedure outlined below. You and VGW Group further
agree that any arbitration pursuant to this clause 24 shall not proceed as a class, group or representative
action.
24.1. Informal Dispute Resolution. VGW Group wants to address your concerns without the need for a formal
legal dispute. Before filing a claim against VGW Group, you agree to try to resolve the Dispute informally by
contacting Customer Support via this form. Similarly, if you have provided an email address to us as part of
your Customer Account registration, VGW Group agrees to do the same. If a dispute is not resolved within 30
days after the email noting the Dispute is sent, you or VGW Group may initiate an arbitration proceeding as
described below.
24.2. We Both Agree To Arbitrate. By agreeing to these Terms and Conditions, and to the extent permitted by
applicable law, you and VGW Group each and both agree to resolve any Disputes – including any Dispute
concerning the enforceability, validity, scope or severability of this agreement to arbitrate – through final and
binding arbitration as discussed herein.
24.3. Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by
contacting service@firephoenix.top within 30 days of first accepting these Terms and Conditions
and stating that you (include your first and last name, email address and postal address) decline this arbitration
agreement. By opting out of the agreement to arbitrate, you will not be precluded from playing the Games, but
you and VGW Group will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes
under the Terms and Conditions otherwise provided herein. For avoidance of doubt, in the event you exercise
your right to opt out of the agreement to arbitrate, those limitations and restrictions applicable to litigation that
are set out in this Section 24 shall continue to apply to you. In addition, if you opt out of this agreement to
arbitrate and at the time of your receipt of these Terms and Conditions you were bound by an existing
agreement to arbitrate disputes arising out of or related to your use of or access to the Platform or Games,
that existing arbitration agreement will remain in full force and effect. In other words, if you are bound by an
agreement to arbitrate at the time you opt out of this one, that prior agreement to arbitrate will continue to apply
to you.
24.4. Arbitration Procedures and Fees. You and VGW Group agree that JAMS ("JAMS") will administer the
arbitration under its Streamlined Rules in effect at the time arbitration is sought ("JAMS Rules"). Those rules
are available at www.jamsadr.com. Arbitration will proceed on an individual basis and will be handled by a sole
arbitrator in accordance with those rules; provided that the parties shall be presented with a list of five potential
arbitrators and shall rank those potential arbitrators in order of preference. JAMS shall select the arbitrator
with the highest combined preference (e.g., if both parties select a potential arbitrator as their top preference,
that arbitrator will be selected). You and VGW Group further agree that, unless and only to the extent
prohibited under JAMS Rules, the arbitration will be held in New York, New York, or, at either your or our
election, will be conducted telephonically or via other remote electronic means. The JAMS Rules will govern
payment of all arbitration fees. The arbitrator shall be authorized to award any remedies, including injunctive
relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law.
24.5. Proceedings Requiring Three Arbitrators. Notwithstanding any language to the contrary in clause 24.4, if
a party either seeks a monetary award in excess of five hundred thousand dollars ($500,000) or seeks an
equitable form of relief that would significantly impact other VGW Group users, in each case as reasonably
determined by either party, the parties agree that such arbitration will proceed on an individual basis but will
be handled by a panel of three (3) arbitrators and take place pursuant to the JAMS Comprehensive Arbitration
Rules and Procedures (“JAMS Comprehensive Rules”). Each party shall select one neutral arbitrator, with
the third neutral arbitrator selected in accordance with the JAMS Comprehensive Rules. That third arbitrator
shall serve as chair of the arbitral panel and must be a retired judge with experience arbitrating or mediating
disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met,
the sole arbitrator appointed in accordance with this clause 24.5 shall make that determination. If the arbitrator
determines a three-person panel is appropriate, the arbitrator may – if selected by either party or through the
JAMS selection process – participate in the arbitral panel. You and VGW Group agree that any award issued
by a three-arbitrator panel may be appealed in accordance with the JAMS Optional Arbitration Appeal
Procedures at either party’s election.24.6. Batch Arbitration. To increase efficiency of resolution, in the event 25 or more similar arbitration demands
against VGW Group, presented by or with the assistance of the same law firm or organization or group of law
firms or organizations working in coordination, are submitted to JAMS, the JAMS Mass Arbitration Procedures
and Guidelines (“JAMS Mass Rules”) shall apply. In such event, the JAMS Process Administrator (as
described in the JAMS Mass Rules) shall have the authority to implement the procedures set forth in the JAMS
Mass Rules, including the authority to batch together individual arbitration demands into a single coordinated
proceeding. All provisions of this Clause 24 that are not in conflict with the JAMS Mass Rules, including the
qualifications for the arbitrators, shall continue to apply.
24.7. Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, NEITHER YOU NOR VGW GROUP SHALL BE ENTITLED: TO CONSOLIDATE, JOIN
OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES; TO PARTICIPATE
IN ANY GROUP, CLASS, COLLECTIVE OR MASS ARBITRATION OR LITIGATION (EXCEPT SOLELY AS
JUST STATED IN CLAUSE 24.6); TO ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE
CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS; TO ARBITRATE OR LITIGATE
ANY DISPUTE IN A PRIVATE ATTORNEY GENERAL CAPACITY; OR OTHERWISE TO SEEK TO
RECOVER LOSSES OR DAMAGES (WHETHER FOR YOURSELF OR OTHERS) INCURRED BY A THIRD
PARTY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS
ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO
THE CONTRARY SET FORTH IN THESE TERMS AND CONDITIONS, IN THE EVENT ALL OR ANY
PORTION OF CLAUSES 24.5, 24.6 OR 24.7 OF THIS CLAUSE 24 (DISPUTE RESOLUTION AND
AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) ARE FOUND TO BE INVALID OR LESS THAN
FULLY ENFORCEABLE IN A PARTICULAR DISPUTE, THEN THE PARTIES’ AGREEMENT TO ARBITRATE
(BUT NOT THOSE PROVISIONS OF CLAUSE 24 APPLICABLE TO LITIGATION) MAY BE DEEMED VOID
AND AS HAVING NO EFFECT FOR PURPOSES OF THAT DISPUTE, UPON EITHER PARTY'S ELECTION.
24.8. Exceptions to Agreement to Arbitrate for Temporary Relief. Notwithstanding the other provisions of this
clause 24 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis), either you or we may bring
an action in a court as authorized by clause 25.17 for temporary injunctive relief until an arbitrator has been
empaneled and can determine whether to continue, terminate or modify such relief.
20. OTHER
Entire Agreement
25.1. 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.
Amendments
25.2. VGW Group 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 Platform and such changes will be binding
and effective immediately.
25.3. 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 Platform 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 Platform.
Tax
25.4. You are solely responsible for any taxes which apply to any Prizes that you collect from your Participation.
Force Majeure
25.5. VGW Group 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
25.6. 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
25.7. 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 Termsand 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, the original import of the invalid or
unenforceable provision.
Explanation of Terms and Conditions
25.8. 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 Platform contact Customer Support via this form.
25.9. 25.10. The Terms and Conditions prevail over any communication via email or chat.
All correspondence between you and us may be recorded.
Assignment
25.11. 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
25.12. In the event of a change of control, merger, acquisition, or sale of assets of the VGW Group, your Customer
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 our Platform explaining your options with regard to
the transfer of your Customer Account.
Language
25.13. 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
25.14. These Terms and Conditions, your use of the Platform and our entire relationship will be governed, and
interpreted in accordance with the laws of the State of Delaware in the United States, without regard for its
choice of conflict of law principles. The application of the United Nations Convention on Contracts for the
International Sale of Goods is specifically excluded.
25.15. Subject to clause 7.2 and absent an express statement to the contrary, in the event of any conflict or
inconsistency between any provision of these Terms and Conditions and a provision of the Responsible Social
Gameplay Policy, Sweeps Rules or Customer Acceptance Policy, these Terms and Conditions shall control
solely to the extent necessary to resolve the conflict or inconsistency.
25.16. You acknowledge that, unless stated otherwise, the Games are operated from Malta and your Participation
takes place in Malta. Any contractual relationship between you and us will be deemed to have been entered
25.17. into and performed in Malta.
Subject to clause 24, the parties agree that any Dispute (as defined in clause 24) will be submitted exclusively
to the courts in Malta, and you and we consent to the venue and personal jurisdiction of those courts.
Notwithstanding the foregoing, the parties agree that either party may move to compel arbitration or to enforce
an arbitral award issued hereunder before any court of competent jurisdiction.

FirePhoenix Privacy Policy
Version: 4.0
Date updated: April 8, 2024
At VGW, we are committed to maintaining transparency and protecting the privacy of our customers.
VGW operates the FirePhoenix website and any subdomains, subpages, successor sites or any
application accessible via our website (the “Website”).
At VGW, we are committed to protecting and respecting your privacy, and maintaining the confidence and trust
of our customers. This Privacy Policy (“Privacy Policy”) explains how VGW collects, uses, maintains and
shares information collected from the Website.
We are committed to complying with obligations under all applicable North American data privacy laws,
including, but not limited to, the California Consumer Privacy Act (“CCPA”) (including the California Privacy
Rights Act (“CPRA”)), the Virginia Consumer Data Protection Act, and the Canadian Personal Information
Protection and Electronic Documents Act.
CONTENTS
1 DEFINITIONS
2 DATA CONTROLLER
3 TYPE OF INFORMATION WE COLLECT
4 HOW WE COLLECT YOUR INFORMATION
5 PERSONAL INFORMATION COLLECTED VIA TECHNOLOGY
6 HOW WE USE COLLECTED INFORMATION
7 HOW WE SHARE INFORMATION
8 YOUR PRIVACY RIGHTS
9 HOW WE PROTECT YOUR INFORMATION
10 HOW LONG WILL WE RETAIN YOUR INFORMATION
11 SHARING YOUR INFORMATION
12 MINORS
13 CHANGES TO THIS PRIVACY POLICY
14 CONTACTING US1 DEFINITIONS
Aggregate Information means information about groups or categories of customers, which does not
identify and cannot reasonably be used to identify an individual customer.
Anonymous Information means information that does not directly or indirectly identify, and cannot
reasonably be used to identify, an individual. When anonymous information is directly or indirectly
associated with personal information, the resulting information is also treated as Personal Information.
Personal Information means any information about you, whether it is true or not, that can reasonably be
used to identify you, or otherwise make you identifiable.
VGW (including “VGW Holdings Limited”, “VGW Group”, “We”, “Us” or “Our”) means VGW Holdings
Limited and any applicable subsidiaries, including VGW Malta Limited, VGW GP Limited, VGW Games
Limited, VGW Administration Malta Limited, VGW US, Inc., VGW Luckyland Inc., VGW Holdings US Inc.,
and VGW Canada Inc., that forms the VGW Group and may collect, use, maintain and disclose
information collected from the Website as applies to this Privacy Policy.
2.1 2 DATA CONTROLLER
The business responsible for managing data collected through your use of the Website (including any data
you may provide through the Website when you purchase a product or service or take part in a promotion
or competition) is VGW Malta Limited having its registered address at Trident Park, Notabile Gardens, No6
– Level 3, Central Business District, Mdina Road, Zone 2 Birkirkara CBD2010 Malta.
3.1 3.2 3 TYPE OF INFORMATION WE COLLECT
We collect three types of information (as defined in section 1, Definitions):
● Personal Information
● Anonymous Information
● Aggregated Information
Any other information that we receive and identify as your Personal Information will be treated as Personal
Information by VGW.
The types of Information we may process depend on the business context and the purposes for which it
was collected. It may include:
Contact Details, such as your first name and surname, email address, residential address, and mobile or
other phone numbers.
Personal Information, such as gender, age, age range or your image; and account login details, including
your username, password and pictures associated with your profile.
Transaction Information you provide when you make a purchase, request a redemption or otherwise use
the Website, such as your postal address, phone number and payment or redemption information
including banking and financial details, credit card details and bank account statements (we do not store
your full card details).
Geolocation Information, including approximate location information provided by a mobile or other
device interacting with the Website, or associated with your IP address, where we are permitted by law to
process this information.
Usage Data, which may include activity, technical and device information about your use of the Website,
such as the content you view, the time and duration of your visit on our Website, how often you use our
services, how you first heard about our Website, your preferences and information about your interaction
with the content offered through our Website, your hardware model, device type, other unique device
identifiers, operating system version, browser type and IP address.
Sensitive Information, which may include government issued identity (including drivers licenses,
passport and social security numbers), geolocation and financial information to comply with our business,
legal and regulatory purposes.Information we obtain from a third party, such as a site or platform provider (including Facebook and
Google), about your use of or interest in our services.
4.1 4.2 4.3 4 HOW WE COLLECT YOUR INFORMATION
Information you provide to us directly
This includes information collected when you visit our website, register, purchase products, respond to a
survey, fill out a form, and in connection with other activities, services, features or resources we make
available on our Website.
We collect information from you by telephone, video or in correspondence (including email, live chat, mail,
text message or social media). All telephone or video calls between you and VGW Group representatives
may be recorded for training, quality control and compliance purposes and by continuing with any such
call you consent to it being recorded.
Information we collect as you use our services
We also collect information about your use of our products and services through a variety of technologies
that are present when you visit our websites, including the Website, or use our applications on third party
sites or platforms (whether or not you are logged in or registered) including cookies, flash cookies,
application programming interfaces (“API”), pixels and tags (further information in set out in section 5,
Personal Information Collected via Technology). Analytics tools are also used by us to collect
information, including when you visit our Website or use our applications or services on third party sites or
platforms.
Information we receive from third party service providers
Finally, we also use trusted sources to update or supplement the information you have provided, or we
have collected, including in order to verify or validate information (for example, postal address,
documentation and names).
5.1 5.2 5.3 5.4 5 PERSONAL INFORMATION COLLECTED VIA TECHNOLOGY
We and our service providers use industry standard identifiers, such as cookies or other similar
technologies, to provide an enhanced experience.
These technologies allow us to record certain pieces of information whenever you visit or interact with the
Website. Information may include, in part, browser type, operating system, device type, an estimate of your
geographic location associated with your IP address, the location of your mobile device, the page served,
the time, referring URLs and other information normally transmitted in HTTP requests.
This statistical data provides us with information about your use of the services, such as general
engagement with a page, the type of content on that page and how long you stay on that page. Usage
information is generally non-identifying but if VGW associates it with you as a specific and identifiable
person, VGW will treat it as Personal Information.
The following are examples of these types of technologies:
a) b) c) d) APIs. APIs work by allowing different types of software to communicate with each other. They make
life a lot easier for programmers and provide a better experience for end users.
Cookies. These are small text files placed in your device browsers to store your preferences.
Cookies help us to better understand your behavior including for security and fraud prevention
purposes, they tell us which websites you have visited and facilitate advertisements and web
searches. When you first access our Website you will be given the option to enable or disable
cookies through our cookie banner. You can revisit your choice at any time by going to the cookie
tool bar in your browser. Most browsers allow you to block and delete cookies. However, if you do
that, certain features of the service may not be available or work properly if all cookies are disabled.
Event tagging. Event tagging (including Facebook App Events) allows us to track actions that occur
on the Website such as application installs and purchase events. By tracking these events we can
view analytics, measure ad performance, and build audiences for ad targeting.
Mobile device identifiers. When you download or access our products via a mobile device, we and
our service providers may receive information about your geolocation (based on your IP address)
and your mobile device including advertising identifiers, hardware type, your operating system ande) 5.5 6.1 6.2 your in-game activity. We may share the advertising identifier associated with your mobile device or
tablet (such as the Apple IDFA and Google Advertising ID) with advertisers. We and our service
providers may use this information to provide you with tailored advertising and other content. When
you download or access our games through your mobile device, we may ask permission to track
your activity. If you initially consent to tracking, you may later disable that permission in your device
settings or withdraw your consent. In addition, if you do not want to receive third-party tailored
advertisements, you may opt-out by adjusting the ad tracking settings on your device (such as
turning on “Limit Ad Tracking”) and reset the advertising identifier on your device. Further,
depending on your platform provider (such as Apple or Google), you may be able to download apps
such as the Digital Advertising Alliance’s “AppChoices” app to provide you with control regarding the
collection and use of your cross-app data for tailored advertising. For more information on the
advertising choice mechanisms, visit the NAI’s Mobile Choices page here.
Pixel tags/web beacons. A pixel tag (also known as a web beacon) is a piece of code embedded
on the Website that collects information about your engagement on that web page. The use of a
pixel allows us to record, for example, that a user has visited a particular web page or clicked on a
particular advertisement. We may also include web beacons in e-mails to understand whether
messages have been opened, acted on or forwarded.
For further information regarding these technologies, and how to exercise your rights, please refer to our
Cookie Notice.
6 HOW WE USE COLLECTED INFORMATION
We use the information collected to operate our Website and to provide our products and services, to
facilitate your financial transactions, to respond to your questions and to fulfill all applicable regulatory
requirements such as anti-fraud checks and other checks required by applicable anti-money laundering
and other legislation.
There may be occasions where we collect and use your information for the following specific purposes:
To provide and manage
the services you request
This includes, for example, processing your registration, setting up
and looking after your account, including checks made to guard
against fraud.
To improve customer
service and our services
Information you provide helps us respond to your customer
service requests more efficiently; we may use feedback you
provide to improve our products and services.
To process payments We may use the information you provide when placing an order to
service that order (including to satisfy our customer due diligence
requirements and to establish the source of funds where
necessary).
To personalize user
experience
We may use information which has been aggregated to
understand how our users as a group use the services and
resources provided on our Website.
To contact you about our
services including
marketing
We may contact you by email, live chat, telephone, text message,
mail or social media for communications related to your use of our
services and products, including in connection with your accounts,
offers and information about our products and services,
promotions and competitions you choose to enter, online surveys,
new features that you are entitled to access, and other important
information. Please see section 8, Your Privacy Rights, for your
opt out rights.
To send important notices
to you
From time to time, we may send important notices to you, such as
communications about purchases you have made, or legal notices
regarding the changes to our terms and conditions or other
policies. This information is important to your interactions with us
and you acknowledge that you may not opt-out of receiving these
communications.To comply with our legal
and regulatory obligations
We may use information we collect about you to assess your
social gameplay activity for responsible social gameplay
purposes, taxation purposes, to comply with fraud and anti-money
laundering laws (including to establish the source of funds where
a transaction is involved) or to comply with any other legal or
regulatory obligations (including the detection, investigation and
prevention of activity that violates our Terms and Conditions or
that may be illegal).
To offer alternative dispute
resolution services
We may provide information we collect about you to our service
provider for the specific purpose of resolving any disputes that
have not been satisfactorily resolved through our internal
processes.
To conduct market
research and analysis
We may use information we collect about you to analyze how you
interact with our products and services, to monitor and analyze
usage and activity trends, and for other research, analytical and
statistical purposes.
6.4 6.3 Behavioral Advertising
We may partner with a third-party service provider to: (a) display advertising on our Website or any
application accessible via our Website; and (b) manage our advertising on other websites (for example,
using custom audiences on Facebook) to help us provide more relevant advertisements. Under some US
state privacy laws, consumers have the right to opt out of the sharing or sale of their Personal Information
with third parties for targeted advertising (also known as behavioral advertising). “Behavioral advertising” in
this context means advertisements that may be sent to you based on your data through the use of
technologies such as cookies to gather information about your activities on our Website and other
websites.
If you wish to opt-out of behavioral advertising click here (or if located in Canada click here). Please note
you will continue to receive generic advertisements.
7 HOW WE SHARE INFORMATION
7.1 The following categories of data may be shared for behavioral advertising purposes:
a) Name and contact data;
b) Demographic data;
c) Subscription and licensing data; and
d) interactions.
7.2 The above data may be shared with third parties that perform online advertising services for VGW for the
purposes of delivering tailored advertising based on your interests.
7.3 If you do not want to receive third-party tailored ads, you may opt-out by adjusting the ad tracking settings
on your device (such as turning on “Limit Ad Tracking”). You can also reset the advertising identifier (like
an IDFA) from your device’s settings, which will prevent continued use of existing behavioral data tied to
the previous advertising identifier. Depending on your platform provider (such as Apple or Google), you
may be able to download apps such as the Digital Advertising Alliance’s “AppChoices” app, that offers to
provide you with control regarding the collection and use of cross-app data for tailored advertising. These
opt-out tools are provided by third parties, not VGW. VGW does not control or operate these tools or the
choices that advertisers and others provide through these tools.
8 YOUR PRIVACY RIGHTS
8.1 We appreciate that by law and subject to certain conditions you have a number of rights concerning the
Personal Information we hold about you. Further information and advice about your rights can be obtained
from the data protection regulator in your country or state.8.2 Your rights may include, but are not limited to, the following:
The right to access You have the right to access your Personal Information we process,
and certain other information (similar to that provided in this Privacy
Policy).
The right to rectification
or correction
You are entitled to have your Personal Information corrected if it is
inaccurate or incomplete. You can request that we rectify any errors
in information that we hold about you.
The right to be informed You have the right to know how we collect and use your information
and your rights regarding your Personal Information.
The right to object to
processing
You have the right to object to certain types of processing, including
processing for direct marketing and advertising.
The right to delete You have the right to request the deletion or removal of your
Personal Information subject to certain exceptions.
The right to data
portability
With certain exceptions, you have the right to obtain and reuse your
information in an easily understandable format.
The right to opt-out of
sharing
You have the right to opt out of the sharing of your Personal
Information to a third party for cross-context behavioral advertising.
The right to complain to
a supervisory authority
You also have the right to complain to the relevant data protection
supervisory authority about VGW’s processing of your Personal
Information. Please complete the FirePhoenix Privacy Request
Form here or alternatively, email service@firephoenix.top.
8.3 Additional Rights
8.4 Residents of California have the right to: (1) request to know more about the categories and specific
pieces of Personal Information we collect, use and disclose; (2) request deletion of your Personal
Information; (3) opt out of sale of your Personal Information (if any); (4) not be discriminated against for
exercising these rights; and (5) limit use of your sensitive Personal Information if we use such Personal
Information to infer characteristics about you. We do not currently use sensitive Personal Information for
such purposes. In some states, we may be required to obtain your consent before collecting your sensitive
Personal Information.
Under some US state privacy laws, consumers have the right to opt out of the sharing or sale of their
Personal Information with third parties for targeted advertising (behavioral advertising). Please refer to
section 6.4 above for more details.
If you want to stop receiving promotional communications from us, you can click on the "unsubscribe" link
in any promotional email received from us.
How to Exercise Your Rights
You can exercise any of these rights by completing the FirePhoenix Privacy Request Form here or
alternatively, email service@firephoenix.top. We will not discriminate against you (e.g., through denying
products and services or providing a different level or quality of goods or services) for exercising any of the
rights afforded to you.
You may opt-out of receiving commercial messages from us by following the instructions contained in
those messages or by contacting Customer Support. In the event of your objection to processing for the
purpose of direct advertising, we will no longer process your Personal Information for these purposes.
If you would like to use an agent authorized in accordance with applicable law to exercise your rights, we
may request evidence that you have provided such agent with power of attorney or that the agent
otherwise has valid written authority to exercise those rights on your behalf.8.5 Cookies
You can change your preferences with regards to cookies and other trackers at any time by clicking on the
Your Privacy Choices link at the bottom of our Website.
9 HOW WE PROTECT YOUR INFORMATION
9.1 We use physical, electronic and operational safeguards to protect the information we gather. We follow
appropriate practices for collecting, storing, and handling data, along with security measures to prevent
unauthorized access, changes, exposure, or loss of your Personal Information. We regularly review and
update our security measures to stay current with technology advancements.
9.2 If we believe that a notifiable data breach has occurred, we will comply with the legislative requirements to
notify you of the data breach and any steps taken by VGW to contain and investigate the data breach.
10 HOW LONG WILL WE RETAIN YOUR INFORMATION
10.1 We will retain the categories of Personal Information listed in section 3 above for various periods of time to
reasonably fulfill the purposes specified in this Privacy Policy which will be determined based on (1) the
length of time we need to retain the information to achieve the business or commercial purpose for which it
was obtained; (2) any legal, accounting, reporting or regulatory requirements applicable to such
information; (3) internal operational needs; and (4) any need for the information based on any actual or
anticipated investigation, dispute or litigation.
10.2 We will take reasonable steps to destroy or permanently de-identify any Personal Information where:
a) we no longer need the Personal Information for any purpose for which the Personal Information was
collected; and
b) we are not required by law, a regulator or a court/tribunal order, to retain the Personal Information.
11 SHARING YOUR INFORMATION
11.1 We share your Personal Information with the following categories of third parties:
a) b) c) Affiliates – other companies in the VGW Group;
Service providers – other companies who provide services to you on our behalf; and
Third parties that interact with us in connection with the services we perform.
11.2 If we share your Personal Information with a third party, we will take reasonable steps to ensure your
information is protected to the same standards as we protect our own and prohibit them from using your
Personal Information for purposes other than those requested by us or required by law.
11.3 With Third Parties
We only share information with third parties in limited circumstances including the following:
a) b) c) d) e) f) g) when you allow us to share your information with third parties;
when providing you with products and services and notifying you about important changes or
developments to the features and operation of those products and services;
with our service providers who help us offer our services, such as companies that assist us with
things like technology, storing and combining data, processing payments and redemptions, or
providing relevant marketing and advertising for our products and services. Where service providers
use Personal Information for their own purposes, where permitted by law, such service providers will
act as the business who determines, individually or jointly with others, the purposes and means of
processing that data;
in response to lawful requests by public authorities, including to meet national security or law
enforcement requirements, when ordered to do so by any regulatory body and/or under any legal
provision contained in the governing law of a particular jurisdiction;
when instructing and authorizing the financial institution with which a user’s account is held to
disclose any information as may be requested by a regulator in respect of the user’s account;
to enforce our terms and conditions set out on our Website, to protect our rights and property and
the rights and property of our customers and third parties, to detect fraud or other illegal activities,
and to comply with law or legal processes;
when performing web analytics to analyze traffic and player activity; andto perform customer due diligence including ID verification.
11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 h) Google
We make available an API provided by Google Maps in order to allow you to have access to an address
auto-complete function on our Website. The use of Google Maps for this purpose by you is subject to the
then current Google Maps/Google Earth Additional Terms of Service and Google Privacy Policy.
We make available an API provided by Google to allow you to use your Google Account to sign into the
Website. You can manage this connection at any time via your Google Account. More information can be
found here.
Google Analytics 4.
VGW uses Google Analytics to collect data (cookies, IP addresses, pixels and tags). We use this data to
understand how you use our Website so we can improve its functionality and performance, as well as for
marketing and internal business purposes.
With your consent, Google Analytics will process and collect this data. You can find out more about
Google's use of information by visiting here and you can review Google's Privacy Policy.
You can opt out of Google’s collection and processing of data by going to here.
Google Sign-In
We make available an API service provided by Google (i.e. Google Sign-In) to allow you to use your
Google Account to register and login to the Website. Google Sign-In is a secure and convenient login
option that safeguards your personal information. Google Sign-In uses secure protocols to verify your
identity without sharing your actual password with us. Your login credentials are then securely transmitted
and stored by Google in accordance with their respective Privacy Policy for registration and identification
purposes only.
If you register to the Website using Google Sign-In, the following Personal Information will be shared with
us; first and last name, profile picture and email address. We use this data solely for the purpose of
facilitating your account creation, login and providing personalized features within our Website. We will not
share this information with any third parties without your express consent.
You can manage your permissions and revoke access at any time through your respective Google account
settings or here. You also have the option to create an account with VGW using an email address and
password if you prefer not to use Google Sign-In.
Neustar
We use Neustar to assist in processing your Personal Information for marketing analytics purposes and to
better understand your interactions with our advertising.
With your consent, we will share your Personal Information (such as first name, last name, email address,
IP address and residential address) with Neustar Information Services, Inc. (“Neustar”) to be processed in
accordance with this Privacy Policy. If you do not wish for your Personal Information to be shared, you can
opt-out by clicking on the Your Privacy Choices link at the bottom of our Website and updating your
preferences.
11.14 You can also opt-out of Neustar’s processing of your Personal Information in connection with marketing
and analytics services, such as interest-based and targeted advertising, by visiting here. Further, Neustar’s
Privacy Choice Portal provides you with more information on exercising any other privacy rights you may
have.
11.15 You can find out more about Neustar’s use of Personal Information by visiting Neustar’s Privacy Policy.
Other Third Parties
11.16 We may ask you to provide your image to assist us in verifying your identity. We do this by using facial
recognition technology provided by service providers (including, but not limited to, Jumio Corporation) that
determines whether the photo you take matches the photo in your identification document. These service
providers collect information from your image capture on our behalf and may share this confirmation
information with us. We do not collect or store biometric information. Our third-party service provider stores
your biometric data in accordance with their privacy policy. They will store it until they have achieved theoriginal purpose for collecting it, or until 3 years after your last interaction with us, whichever happens first,
provided we have no other legal obligation to retain such information for any longer period.
11.17 We may also share generic aggregated demographic information not linked to any personal identification
information regarding visitors to and users of our Website with our service providers, affiliates and
advertisers for the purposes outlined above.
11.18 Transfer of data
The VGW Group operates in several international jurisdictions and Personal Information we collect may be
transferred to, and stored and processed by, affiliates within the VGW Group or service providers in the
European Union, the United States, Canada, Australia, the Philippines or any other country in which we or
our service providers maintain facilities. We will ensure that transfers of Personal Information to any
country or organization are subject to appropriate safeguards.
12 MINORS
Protecting the privacy of children is especially important to VGW. For that reason, we never knowingly
collect or maintain information from individuals under the age of 18, and no part of our Website is
structured to attract anyone under the age of 18. VGW does not offer or direct any of its services or
products, including FirePhoenix, to individuals under the age of 18.
13 13.1 13.2 13.3 13.4 CHANGES TO THIS PRIVACY POLICY
This Privacy Policy may be updated from time to time to reflect changes in the way we work or the way our
work is regulated. We will notify you of material changes and, where required by law, will obtain your
consent. Notice may consist of posting such changes on our Website or by other means in accordance
with applicable laws.
Any changes to the Privacy Policy will become effective when the updated policy is posted on our Website.
We encourage you to frequently check this page for any changes to stay informed about how we are
helping to protect the Personal Information we collect.
This Privacy Policy, in effect as of the last modified date stated below, supersedes and replaces any and
all Privacy Policies previously in effect.
14 CONTACTING US
If you have specific questions regarding your Personal Information, how we process or use it, or to
exercise your rights, please contact our Privacy Team directly by email at service@firephoenix.top or
alternatively please complete the Privacy Request Form here.




Responsible Social Gameplay Policy
VERSION: 3.2
DATE OF LAST UPDATE: July 10, 2024
FirePhoenix is committed to the protection of our players and promoting responsible social gameplay as a policy
of player care and social responsibility.
We believe it is our shared responsibility with you, our players, to ensure that you enjoy your experience on our
platform while remaining aware of the potential risks that can be associated with online gameplay if you don’t remain
in control. We encourage you to use the responsible social gameplay tools described below available at your
disposal.
To ensure that you enjoy fun and affordable play, we fully support responsible social gameplay and have put
measures in place to assist players who wish to control their play. We reserve the right to activate these measures
unilaterally if, in our sole discretion, we consider them necessary.
1. 1. INTRODUCTION
1.1. 1.2. 1.3. 1.4. This Responsible Social Gameplay Policy (RSG Policy) describes the control tools, information, and
resources available to registered players on FirePhoenix.
This RSG Policy forms part of the FirePhoenix Terms and Conditions. Terms that are defined in the
Terms and Conditions have the same meaning in this RSG Policy.
We may update the RSG Policy at any time. Any amendments will be published on the Platform and such
changes will be binding and effective immediately.
Whenever we amend this RSG Policy in a way that would limit your current rights or which may be
detrimental, we will notify you upon your next visit to the Platform and you will be required to re-confirm your
acceptance prior to playing any Games. If you do not agree to the amended RSG Policy, you must stop using
the Platform.
2. 2. FirePhoenix RSG PROGRAM
2.1. 2.2. The FirePhoenix Responsible Social Gameplay Program (RSG Program) is centered around our guiding
principles of providing our players with control tools, information, and help resources needed to:
(a) (b) Make an informed decision in gameplay
Prevent problem gameplay from occurring on our site.
The RSG Program is designed to support the needs of individuals at any stage of the player journey, from
registration to redemption, and any level of gameplay. To do this, the RSG Program offers a range of player
education, control tools, and resources for professional help when needed.2.3. 2.4. FirePhoenix also understands that it is a shared responsibility to achieve a fun and affordable gameplay
environment and that it is ultimately an individual’s choice to play. We do not provide counseling services nor
do we police player behavior. Instead, we focus on providing control tools and informing, educating, and
supporting informed decisions.
FirePhoenix has well-trained staff available to assist you in relation to your gameplay. Our staff are
encouraged and empowered to provide information and offer control tools.
3. 3. RSG PLAY CONTROL TOOLS
3.1. Activity Reminders
Accessible through the ‘Responsible Social Gameplay’ menu > Activity Reminder
(a) FirePhoenix assists your play by providing an Activity Reminder every hour.
(b) The Activity Reminder:
(i) suspends play and indicates how long you have been playing
(ii) allows you to end the gameplay session or continue playing.
(c) You may adjust the activity reminder period to every 15, 30, 45, or 60 minutes.
3.2. Account History
Accessible through the ‘My Account’ menu > Account History
(a) Purchase History
Shows your purchase history over the last six (6) months.
(b) Redemption History
Shows your redemption history over the last six (6) months.
3.3. Limits
(a) Purchase Limit
Accessible through the ‘Responsible Social Gameplay’ menu > Gameplay Limits
(i) Provides the ability to limit the amount of Gold Coins you choose to purchase during your
chosen period. Once the purchase limit is reached, you will not be able to make any new
purchases until the limit resets. ›
(ii) (iii) Period options are 1 day, 7 days, and/or 30 days.
The purchase limit can be adjusted or removed at any time. A decrease to the purchase limit
will take immediate effect. An increase to the purchase limit or the removal of the purchase
limit will take effect following a 72-hour cooling off period.
(b) Play Amount Limit
Accessible through the “Contact Us” form under “Responsible Social Gameplay Tools”
(i) Provides the ability to set the maximum amount of Sweeps Coins you choose to play during
your chosen period. Once the play amount limit is reached, you will not be able to play any
more Sweeps Coins until the play amount limit resets.
(ii) (iii) Period options are Daily, Weekly, or Monthly.
The play amount limit can be adjusted or removed at any time. A decrease in the play amount
limit will take immediate effect. An increase to the play amount limit or the removal of the play
amount limit will take effect following a 72-hour cooling off period.
(c) Daily Time Limit
Accessible through the “Contact Us” form under “Responsible Social Gameplay Tools”.
(i) Provides the ability to set exactly how many hours you are logged into your account, up to a
maximum of 10 hours per day. Once the limit is reached you will be logged out until the next
day.(ii) The limit can be adjusted or removed at any time. A decrease to the time limit will have an
immediate effect. An increase to the time limit or the removal of the time limit will take effect
following a 72-hour cooling off period.
4. 4. RSG ACCESS CONTROL TOOLS
The access control tools described below are available if you feel your gameplay may have become, or is at
risk of becoming, problematic (see “What is Problem Gameplay in section 7.4).
4.1. Taking a Break (TaB)
Accessible through the ‘Responsible Social Gameplay’ menu > Access Restrictions
Allows you to take a short break away from gameplay. During this break you will not be able to access your
account.
(a) (b) (c) Available options are 1 day, 3 days, 7 days, 14 days, or 30 days.
It will not be possible to reactivate your account until the chosen break period ends.
Take a Break (Tab) applies only to the site it was requested on and not any sister sites associated
with VGW. Should you wish to activate a TaB in other website associated with VGW, please contact
Customer Support for more information.
4.2. Self-Exclusion
Accessible through the ‘Responsible Social Gameplay’ menu > Access Restrictions
A self-exclusion allows you to suspend your account for a longer period. During this exclusion period you will
not be able to access your account.
(a) (b) (c) (d) (e) Available period options are defined (6 months, 1 year, 3 years, 5 years), and Indefinite.
You will be unsubscribed from receiving any marketing communications.
It will not be possible to reactivate your account until the chosen period ends.
Where a defined self-exclusion is in effect, your account will automatically reactivate once the chosen
period has lapsed.
Where an indefinite self-exclusion is in effect, a minimum of 6 months must pass before the account
can be reactivated.
(f) Where an indefinite self-exclusion is in effect, a 7-day cooling period will apply before the account is
reactivated.
(g) IMPORTANT: Sweeps Coins expire after 60 days. We strongly recommend you redeem any
redeemable balance in your account before setting a self-exclusion on your account. If your account
has been verified, we will use reasonable endeavors to arrange for any Sweeps Coins remaining in
your account that have met our playthrough requirements and minimum redemption threshold to be
redeemed.
4.3. Permanent Closure
Please contact customer support
(a) (b) (c) You may choose to permanently close your account. If you wish to do so, send a written email to
Customer Support via this form requesting a “Close my Account” and state the reason for the closure.
Please note that, unlike an indefinite self-exclusion, a permanent closure is irreversible and cannot be
reactivated under any circumstances.
You will be required to provide a “confirmation of understanding” to permanently close your account.
If you do not provide a ‘confirmation of understanding’ and the reason for closure is related to issues
with gameplay control, an indefinite self-exclusion will be applied.
5. 5. SELF-ASSESSMENT
If you think your or someone else’s computer gameplay is becoming problematic, then it may be handy to
consider the self-assessment questions available here.6. SUPPORT ORGANISATIONS
If your gameplay may have had, or is at risk of having, a negative impact on your mental health, finances or
relationships with friends or family, we encourage you to get in touch with the following help and support
organizations:
(a) Counseling
(i) (b) Credit Counseling
(c) Gaming Addicts Anonymous (GAA) is a fellowship of people who support each other in
recovering from the problems resulting from excessive game playing.
(i) (ii) Financial Counseling Association of America (FCAA) is a professional association of financial
counseling agencies that assist consumers with financial counseling services of all kinds, as
well as debt management plans for the repayment of unsecured debts.
National Foundation for Credit Counseling (NFCC) is one of the oldest networks of non-profit
financial counseling agencies. The NFCC helps people to defeat their debt and look forward
with confidence.
Please note that these organizations are independent support services and are NOT in any way
affiliated with FirePhoenix. They do NOT provide customer support or dispute resolution services.
Should you wish to discuss any matter or complaint related to your account, you can do so by
contacting us using this form.
6. 7. EDUCATION INFORMATION ON RESPONSIBLE SOCIAL GAMEPLAY
7.1. Principles of Gameplay
(a) (b) (c) Randomness: Remember that game-round outcomes are completely random. Results cannot be
predicted and are independent of past or future outcomes.
Return to Player (RTP): This is the average return on the winnings and prizes over the lifetime of a
slot-type game. I.e., if a slot type has an 8% advantage, then the average RTP will be 92%.
Advantage: All Gaming -type games are designed with a slight advantage that favors the operator.
7.2. Common Misconceptions
(a) (b) (c) “I’m due for a win” - You cannot predict when you're going to win. All outcomes are random.
“I always win with my lucky charm and pre-game ritual” - Although they might be fun, charms and
rituals don’t affect your chances of winning. All outcomes are random.
“The longer I play, the more chance I’ll win” - Time spent has no effect on your chances of winning. All
outcomes are random.
(d) “These Games have been rigged” - The Random Number Generator (RNG) used in all Firephoenix games has been independently certified by iTechLabs and Gaming Associates, who confirmed
that the RNG uses a well-known algorithm to generate random numbers. The numbers generated by
the RNG have passed Marsaglia's "diehard" tests for statistical randomness. iTechLabs and Gaming
Associates have found that number sequences are unpredictable, non-repeatable, and uniformly
distributed.
7.3. Tips for Safe Gameplay
(a) (b) (e) Avoid gameplay while upset or emotional.
Take frequent breaks during your gameplay sessions.
(c) Avoid gameplay while intoxicated.
(d) Avoid canceling redemptions.
Remember that gameplay is only a form of entertainment, it should not be seen as a source of income
or an escape from reality.(f) (g) (h) (i) (j) Purchase only with money that you can afford to spend.
Set a budget and don’t go over it.
Set a time limit before playing.
Understand how games work before playing and remember that the results are random.
Never let gameplay affect your employment, relationships, health or commitments.
7.4. What is Problem Gameplay?
(a) Financial
(i) Cannot pay bills
(ii) Borrowing money to maintain life expenses
(iii) Eviction or loss of home
(iv) Repossession of car and valuables
(b) Family
(ii) (iii) (i) Unhappy home environment
Missing family events and gatherings
Disconnect and disassociation of family members
(c) Employment
(i) Missing work
(ii) Reduction in productivity and competence
(iii) Loss of employment
(d) Health
(i) Anxiety
(ii) Depression
(iii) Isolation
(iv) Increases stress
(e) Know the Signs
(i) Purchasing beyond one’s means
(ii) Not being able to pay bills due to excess purchasing
(iii) Staying home from work to play
(iv) Feeling frustrated on days when not playing
(v) A constant need to increase the level of play to reach the same levels of fulfillment and
excitement
(vi) (vii) (viii) (ix) (x) (xi) Playing in order to escape from the stress of life
Lying about the amount of money or time that is used for purchases
Hiding play behavior from significant others
Putting gameplay above one’s family, friends, or other interests
Lying, borrowing, stealing, or committing fraud to get money to purchase
Depressive or even suicidal feelings during or after playing.
7. 8. PLAYER PROTECTION POLICY
8.1. Protection of the vulnerable
(a) Make sure that the decision to play on our Platform is your own personal choice and responsibility.(b) We do not recommend playing on our platform if you:
(i) (ii) (iii) (iv) (v) are being treated or are in recovery for an addiction/dependency
are under the influence of alcohol or any other substance
are currently experiencing financial difficulty or a traumatic life event
do not understand how to play the games
have any mental health concerns, cognitive impairment or brain injury.
8.2. Protection of Minors
(a) FirePhoenix has identity checks in place to mitigate and prevent the risk of underage gameplay on
our Platform.
(b) If you share your mobile phone, tablet, laptop or computer with friends or family who are under the
legal age to participate in online social gameplay, we recommend that you restrict their access to our
Platform by using one of the below services:
(i) (ii) Netnanny.com - filtering software that protects children from inappropriate web content.
Cybersitter.com - filtering software that allows parents to add their own sites to block.