DOSH FEVER TERMS AND CONDITIONS
Version: 1.0
Date of last update: 28th April 2024
These Terms and Conditions apply to you, and are binding on you, if you Participate.
You must read these Terms and Conditions carefully in their entirety before checking the box for acceptance. By checking the box for acceptance during the sign up process you confirm that you have read and agree to be bound by these Terms and Conditions, which include and are inseparably linked to our Privacy Policy and other game-specific or promotion-specific terms relevant to your Participation.
If you do not agree with any provision of these Terms and Conditions or any other linked agreement, policy, rules or terms you must not check the box for acceptance and you must not use the Service. Whether or not you agree with the provisions of these Terms and Conditions, if you use the Service, including, but not limited to, submitting your details to us, you are bound by these Terms and Conditions in any event.
These Terms and Conditions are made available via the app store or platform that you download the Dosh Fever or on demand in the event of updates to the Terms and Conditions.
To use our Services, you agree that you are over 18 years of age.
1. DEFINITIONS
Account means the account whether a social account or the guest account a Player uses to access the Services.
Dosh Fever means the application and web-based software belonging to CIPHERWAVE SOLUTIONS LIMITED.
Content means text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, artwork, computer code and other material used, displayed or available as part of the Games and the Dosh Fever.
Fraudulent Conduct means any of the conduct described in clause 6.1.
Game means any one or more of the game(s) available on the Dosh Fever. We reserve the right to add and remove Games from the Dosh Fever at our sole discretion.
Golden Coin means the virtual social gaming tokens which enables you to play the Games.
Inactive Account means an Account which has not recorded any activity for a period exceeding 180 days.
Participate means playing any Games or using the Dosh Fever in any manner whatsoever, including any of the conduct described in clause 2.
Player or you mean any person who Participates.
Service means the availability and provision of the Games and the Dosh Fever that enables you to Participate.
Terms and Conditions means these terms and conditions, as amended from time to time.
Third Party Websites and Apps means a third-party website or application software that is not controlled by us.
CIPHERWAVE SOLUTIONS LIMITED, we, us or our means CIPHERWAVE SOLUTIONS LIMITED.
CIPHERWAVE SOLUTIONS LIMITED means CIPHERWAVE SOLUTIONS LIMITED a limited liability company incorporated in Hong Kong, and subject to Hong Kong law, having its registered address at RM 14, 29/F, HO KING COMM CENTRE, 2-16 FA YUEN STREET, MONG KOK, HONG KONG.
2. YOUR PARTICIPATION
Restrictions
2.1. You hereby declare and warrant that:
(a) you are over 18 years old;
(b) you must comply with the laws that apply to you in the location that you access our Services. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services;
(c) you Participate in the Games strictly in your personal capacity for recreational and entertainment purposes only;
(d) all information that you provide to us during the term of validity of these Terms and Conditions is true, complete and correct, and you will immediately notify us of any change to such information; and
(e) you will not be involved in any fraudulent, or other unlawful activity in relation to your or third parties’ participation in any of the Games We reserve the right to invalidate any Participation in the event of such behavior.
2.2. Any person who is knowingly in breach of this clause 2 is at the very least in breach of these Terms and Conditions.
Acceptance
2.3. By accepting these Terms and Conditions you agree that your Participation is at your sole option, discretion and risk. You will have no claims whatsoever against CIPHERWAVE SOLUTIONS LIMITED or any of its partners, or respective directors, officers or employees.
3. YOUR ACCOUNT
3.1. We are not responsible for the safety and security of your Account log in details if you are using your social media account to access our Services - it is your sole and exclusive responsibility to ensure that your log in details are kept securely and not provided to anyone else. Anyone logging into your Account using your log in details will be considered by as either you or someone logging in with your permission.
3.2. If using your social media account to access the Dosh Fever, you must comply with the social media platform’s terms and conditions as well as these Terms and Conditions.
3.3. We are not responsible for any abuse or misuse of your Account by third parties due to your disclosure of your log in details to any third party, whether such disclosure is intentional or accidental, active or passive.
3.4. We reserve the right to block you from playing Games on the Dosh Fever if we have reason to believe that you are engaged or are likely to engage in any of the following activities:
(a) you breached, or assisted another party to breach, any provision of these Terms and Conditions, the terms of the social media provider through which you are accessing the Dosh Fever, or we have a reasonable ground to suspect such breach;
(b) your communication with us consists of harassment or offensive behaviour, including (but not limited to) threatening, derogatory, abusive or defamatory statements, or racist, sexually explicit, pornographic, obscene or offensive language; or
(c) you are not over 18 years of age.
3.5. If CIPHERWAVE SOLUTIONS LIMITED blocks you from playing for any of the reasons referred to in clause 3.4 above, you will be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by CIPHERWAVE SOLUTIONS LIMITED (together “Claims”) arising therefrom and you will indemnify and hold CIPHERWAVE SOLUTIONS LIMITED harmless on demand for such Claims.
3.6. If we have reasonable grounds to believe that you have participated in any of the activities set out in clause 3.4 above then we reserve the right to withhold all or part of the balance and/or recover from your Account any Golden Coins that are attributable to any of the activities contemplated in clause 3.4.
3.7. The rights set out in this clause 3 are without prejudice to any other rights that we may have against you under these Terms and Conditions or otherwise.
3.8. You understand that if you are blocked in accordance with these Terms and Conditions, you may lose access to any data previously associated with your Account (including, without limitation, your progress through any Games and/or the level or score you have reached in our Games and any Golden Coins associated with your Account).
4. GAMES
Rules
4.1. Games offered on the Dosh Fever may have their own rules which are available on the Dosh Fever itself. It is your responsibility to read the rules of a Game before playing. You must familiarise yourself with the applicable terms of play and read the relevant rules before playing any Game.
Golden Coins
4.2. Golden Coins are tokens which have no monetary value and can never be redeemed/ exchanged for real money, real goods or real services from us or anyone else.
4.3. We may give you Golden Coins free of charge when you sign up to the Dosh Fever and at regular intervals when you log into your Account.
4.4. You may participate in any Game only if you have sufficient Golden Coins in your Account for such Participation.
4.5. You may win additional Golden Coins when you play the Golden Coins Games and/or be given Golden Coins in other circumstances, such as watching advertisements displayed in the Dosh Fever.
4.6. Golden Coins that have been submitted for play and accepted cannot be changed, withdrawn or cancelled and the Golden Coins will be drawn from your Golden Coin balance instantly.
4.7. You agree that Golden Coins are not transferrable to anyone else and you will not transfer or attempt to transfer any Golden Coins to anyone else.
4.8. If you do not connect your game play on a device to an Account, we will not be able to restore any Golden Coins or other data associated with your game play to a different device if you lose it or the device is damaged.
Void Games
4.9. We reserve the right to declare Participation in a Game void, partially or in full, if, in our sole discretion, we deem it obvious that there was an error, mistake, misprint or technical error on the software.
Final Decision
4.10. In the event of a discrepancy between the result showing on a Game or the Dosh Fever and the CIPHERWAVE SOLUTIONS LIMITED server software, the result showing on the CIPHERWAVE SOLUTIONS LIMITED server software will be the official and governing result.
5. PROMOTIONS
5.1. All promotions, including Games, contests, special offers and bonuses are subject to these Terms and Conditions and to additional terms that may be published at the time of the promotion.
5.2. In the event and to the extent of any conflict between these Terms and Conditions and any promotion-specific terms and conditions, the promotion-specific terms and conditions will prevail.
5.3. CIPHERWAVE SOLUTIONS LIMITED reserves the right to withdraw or modify such promotions without prior notice to you.
5.4. If, in the reasonable opinion of CIPHERWAVE SOLUTIONS LIMITED, we form the view that a Player is abusing any promotion, to derive any advantage or gain for themselves or other Players, including by way of Fraudulent Conduct, we may, at our sole discretion, withhold, deny or cancel any advantage, bonus or prize as we see fit.
5.5. Without limiting clause 7.4, you confirm that you grant CIPHERWAVE SOLUTIONS LIMITED an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license 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.
6. FRAUDULENT CONDUCT
6.1. You will not, directly or indirectly:
(a) hack into any part of the Games or the Dosh Fever through password mining, phishing, or any other means;
(b) attempt to modify, reverse engineer, or reverse-assemble any part of the Games or the Dosh Fever;
(c) knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware, or other similar material;
(d) circumvent the structure, presentation or navigational function of any Game so as to obtain information that CIPHERWAVE SOLUTIONS LIMITED has chosen not to make publicly available on the Dosh Fever;
(e) engage in any form of cheating or collusion; or
(f) participate in or take advantage of or encourage others to participate in or take advantage of schemes, organizations, agreements, or groups designed to share special offers or packages.
6.2. You must not use the Dosh Fever for any unlawful or fraudulent activity or prohibited transaction (including Fraudulent Conduct) under the laws of any jurisdiction that applies to you.
7. INTELLECTUAL PROPERTY
7.1. The computer software, the computer graphics, the Dosh Fever and the user interface that we make available to you is owned by, or licensed to, CIPHERWAVE SOLUTIONS LIMITED or any of its respective affiliates, subsidiaries, holding companies and related bodies corporate, and protected by copyright laws. You may only use the software for your own personal, recreational use in accordance with all rules, terms and conditions we have established (including these Terms and Conditions) and in accordance with all applicable laws, rules and regulations.
7.2. You acknowledge that CIPHERWAVE SOLUTIONS LIMITED is the proprietor or authorized licensee of all intellectual property in relation to any Content.
7.3. Your use of the Games and the Dosh Fever does not provide you with any intellectual property rights in the Content or Games.
7.4. You grant us, and represent and warrant that you have the right to grant us, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use in whatever way we see fit, any Content you upload onto the Dosh Fever.
7.5. You must not reproduce or modify the Content belonging to CIPHERWAVE SOLUTIONS LIMITED in any way, including by removing any copyright or trade mark notice.
7.6. All trade marks and logos displayed in the Games and the Dosh Fever are the property of their respective owners and are protected by applicable trade mark and copyright laws.
8. THIRD PARTY WEBSITES, APPLICATION SOFTWARE AND LINKS
Third Party Websites and Application Software
8.1. You acknowledge and agree that CIPHERWAVE SOLUTIONS LIMITED:
(a) is not responsible for Third Party Websites and Apps; and
(b) makes no guarantee as to the content, functionality, or accuracy of any Third Party Websites and Apps.
8.2. You further acknowledge that some Third Party Websites and Apps may be fraudulent in nature, offering Golden Coins which the operators of those websites and apps are not authorized to provide, in an effort to induce you to reveal personal information (including log in details and Account information). You agree that CIPHERWAVE SOLUTIONS LIMITED is not responsible for any actions you take at the request or direction of these, or any other Third Party Websites and Apps.
8.3. Third Party Websites and Apps are subject to the terms and conditions outlined by that third party.
Links
8.4. The Dosh Fever contains links to advertisements and banner advertisements including sponsored links to Third Party Websites and Apps and resources for your convenience and as an option to obtain Golden Coins.
8.5. CIPHERWAVE SOLUTIONS LIMITED may not have control over the contents the Third Party Websites and Apps or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of the Third Party Websites and Apps or resources.
8.6. If you decide to access any of the Third Party Websites and Apps linked to the Dosh Fever, you do so entirely at your own risk and subject to the terms and conditions of use for each Third Party Website and App.
8.7. Any links to Third Party Websites and Apps do not necessarily:
(a) indicate a relationship between CIPHERWAVE SOLUTIONS LIMITED and the third party; or
(b) indicate any endorsement or sponsorship by CIPHERWAVE SOLUTIONS LIMITED of the Third Party Website and App, or the goods or services it provides, unless specifically indicated by CIPHERWAVE SOLUTIONS LIMITED.
8.8. For links to various social networking sites, such as Facebook® and Twitter®, you acknowledge and agree that:
(a) any comments or content that you post on such social networking sites are subject to the terms and conditions of that particular social networking site;
(b) you will not post any comments that are false, misleading or deceptive or defamatory to us, our employees, agents, officers or other players; and
(c) we are not responsible or liable for any comments or content that you or others post on social networking sites.
9. DISRUPTIONS AND CHANGE
No warranties
9.1. The Service is provided on an “as is” basis and to the fullest extent permitted by law, we make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the Services.
Malfunctions
9.2. CIPHERWAVE SOLUTIONS LIMITED is not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to game play, nor attempts by you to Participate by methods, means or ways not intended by us.
9.3. CIPHERWAVE SOLUTIONS LIMITED accepts no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with the Dosh Fever or its Content including, without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person’s misuse of the Dosh Fever or its Content or any errors or omissions in Content.
9.4. In the event of an application system malfunction all game play on the Dosh Fever is void.
9.5. In the event a Game is started but fails to conclude because of a failure of the system, CIPHERWAVE SOLUTIONS LIMITED will reinstate the amount of Golden Coins played in the Game to you by crediting it to your Account. CIPHERWAVE SOLUTIONS LIMITED reserves the right to alter Player balances and Account details to correct such mistakes.
9.6. CIPHERWAVE SOLUTIONS LIMITED reserves the right to remove any part of the Games from the Dosh Fever at any time. Any part of the Games that indicate incorrect behaviour affecting prizes, Game data or Golden Coins balances, that may be due to misconfiguration or a bug, will be cancelled and removed from the Dosh Fever. Player balances and Account details may be altered by CIPHERWAVE SOLUTIONS LIMITED in such cases in order to correct any mistake.
Change
9.7. CIPHERWAVE SOLUTIONS LIMITED reserves the right to suspend, modify, remove or add content to the Dosh Fever or Games at its sole discretion with immediate effect and without notice to you. We will not be liable to you for any loss suffered as a result of any changes made or for any modification or suspension of or discontinuance of the Dosh Fever or Games and you will have no claims against CIPHERWAVE SOLUTIONS LIMITED in such regard.
Service Suspension
9.8. We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but will not be obliged to, give you as much notice as is reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably practicable, after such temporary suspension.
10. VIRUSES
10.1. Although we take all reasonable measures to ensure that the Dosh Fever and Games are free from viruses we cannot and do not guarantee that the Dosh Fever and Games are free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data lost due to a virus.
11. PRIVACY POLICY
11.1. CIPHERWAVE SOLUTIONS LIMITED is committed to protecting and respecting your privacy and complying with all applicable data protection and privacy laws.
11.2. Our Privacy Policy is inseparably linked to these Terms and Conditions and its acceptance is a prerequisite to account sign up.
11.3. You consent to receive marketing communications from CIPHERWAVE SOLUTIONS LIMITED in respect of its offerings by way of email or through the Dosh Fever, any of which you may unsubscribe from at any time.
12. LICENSING
12.1. The Dosh Fever is licensed, not sold, to you.
12.2. CIPHERWAVE SOLUTIONS LIMITED grants you a limited, non-exclusive and non-transferable license to download, install and use the Dosh Fever for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (Mobile Device) strictly in accordance with these Terms and Conditions.
12.3. You agree not to:
(a) copy, modify, adapt or otherwise create derivative works or improvements of the Dosh Fever;
(b) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Dosh Fever;
(c) remove, delete, alter or obscure any trade marks, copyright or other intellectual property or proprietary rights notices from the Dosh Fever; or
(d) rent, lease, lend, sell, sub-license, assign, distribute, publish, transfer or otherwise make available the Dosh Fever or any features or functionality of the Dosh Fever to any third party for any reason.
12.4. You do not acquire any ownership interest in any part of the Dosh Fever under these Terms and Conditions, or any other rights other than to use the Dosh Fever in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms and Conditions.
13. COMPLAINTS AND DISPUTE RESOLUTION
13.1. If you have a complaint regarding our Services, you may contact us via DoshFever@outlook.com
13.2. Complaints of any nature must be submitted within 30 days of the issue occurring.
13.3. Any and all disputes arising out of or connected with our Games and the Dosh Fever, shall be resolved individually, without resort to any form of class action.
13.4. In the unlikely event that we are unable to solve your concerns or complaints and you wish to bring legal action against us, these Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong.
14. INDEMNITY AND LIMITATION OF LIABILITY
Indemnity
14.1. YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS US, OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS AND AFFILIATES, OUR ULTIMATE PARENT AND PARENT COMPANIES AND ANY OF OUR SUBSIDIARIES AGAINST ANY AND ALL COSTS, EXPENSES, LIABILITIES AND DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE OR OTHER) ARISING FROM ANY PARTICIPATION BY YOU, INCLUDING WITHOUT LIMITATION:
(a) VISITING, USE OR RE-USE OF THE DOSH FEVER;
(b) USE OR RE-USE OF THE DOSH FEVER BY MEANS OF TELECOMMUNICATION SERVICES;
(c) RE-USE OF ANY CONTENT AT, OR OBTAINED FROM, THE DOSH FEVER OR ANY OTHER SOURCE WHATSOEVER;
(d) ENTRY TO, OR USE OR RE-USE OF THE APP SERVER;
(e) PLAYING THE GAMES THROUGH ANY DELIVERY MECHANISM OFFERED; AND
(f) ACCEPTANCE AND USE OF ANY PRIZE.
Limitation of Liability
14.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS AND AFFILIATES, OUR ULTIMATE PARENT AND PARENT COMPANIES AND ANY OF OUR SUBSIDIARIES TO YOU IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING FROM ANY CAUSE, WHETHER DIRECT OR INDIRECT (EVEN WHERE WE HAVE BEEN NOTIFIED BY YOU OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE). CIPHERWAVE SOLUTIONS LIMITED ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING IN CONNECTION WITH YOUR PARTICIPATION. THIS INCLUDES, WITHOUT LIMITATION, DELAYS OR INTERRUPTIONS IN OPERATION OR TRANSMISSION, LOSS OR CORRUPTION OF DATA, COMMUNICATION OR LINES FAILURE, ANY PERSON’S MISUSE OF THE GAMES OR THE DOSH FEVER OR THEIR CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE GAMES OR THE DOSH FEVER.
Negligence
14.3. NOTHING IN THESE TERMS AND CONDITIONS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY OF CIPHERWAVE SOLUTIONS LIMITED FOR FRAUD, DEATH OR PERSONAL INJURY THAT IS CAUSED BY CIPHERWAVE SOLUTIONS LIMITED’S NEGLIGENCE.
Survival of Obligations
14.4. THIS CLAUSE 14 SURVIVES THE TERMINATION OF THESE TERMS AND CONDITIONS FOR ANY REASON.
15. OTHER
Entire Agreement
15.1. These Terms and Conditions constitute the entire agreement between you and us with respect to your Participation and, save in the case of fraud, supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to your Participation.
Amendments
15.2. CIPHERWAVE SOLUTIONS LIMITED 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 Dosh Fever and such changes will be binding and effective immediately.
15.3. Whenever we amend these Terms and Conditions in a way that would limit your current rights or which may be to your detriment, we will notify you upon your next visit to the Dosh Fever 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 Dosh Fever.
Force Majeure
15.4. CIPHERWAVE SOLUTIONS LIMITED will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside of our reasonable control.
No agency
15.5. Nothing in these Terms and Conditions will be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.
Severability
15.6. If any of the Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will, to that extent, be severed from these Terms and Conditions. All remaining terms, conditions and provisions will continue to be valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable will be amended in a manner consistent with the applicable law to reflect, as closely as possible, CIPHERWAVE SOLUTIONS LIMITED’s original intent.
Explanation of Terms and Conditions
15.7. We consider these Terms and Conditions to be open and fair. If you need any explanation regarding these Terms and Conditions or any other part of our Service you may contact us via DoshFever@outlook.com
15.8. The Terms and Conditions prevail over any communication via email.
15.9. All correspondence between you and us may be recorded
Assignment
15.10. These Terms and Conditions are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder to any third party without notice to you.
Business Transfers
15.11. In the event of a change of control, merger, acquisition, or sale of assets of CIPHERWAVE SOLUTIONS LIMITED, your Account and associated data may be part of the assets transferred to the purchaser or acquiring party. In such an event, we will provide you with notice via email or via the Dosh Fever explaining your options with regard to the transfer of your Account.
Language
15.12. These Terms and Conditions may be published in several languages for information purposes and ease of access by players but will all reflect the same principles. It is only the English version that is the legal basis of the relationship between you and us and in case of any discrepancy between a non-English version and the English version of these Terms and Conditions, the English version will prevail.
Applicable Law and Jurisdiction
15.13. These Terms and Conditions will be governed, and interpreted in accordance with, the laws of Hong Kong.
15.14. You acknowledge that, unless stated otherwise, the Games are operated from Hong Kong and your Participation in these Games takes place within the aforementioned territory. Any contractual relationship between you and us will be deemed to have been entered into and performed by the parties in Hong Kong.
15.15. The parties agree that any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, will be submitted to the exclusive jurisdiction of Hong Kong.