TERMS AND CONDITIONS

1.Definition and Interpretation

(a)


Account Holder
means, the holder of the Marlin4D Account approved by MVI;



Act
means, Interactive Gaming Act 2000 enacted and administered by the Ministry for Finance and Economic Management of Republic of Vanuatu, including the Scheme, and the Rules promulgated thereunder and any subsequent amendments thereto;



FTRA 2000
has the meaning ascribed thereto in Condition 11 herein;



Bets Notification
has the meaning ascribed thereto in Condition 4(c) herein;



Marlin4D Games
means, the numbers forecast totalisator’s games operated by Marlin Venture International Lte pursuant to the Act;



Marlin4D App (Android and iOS)
means, the convenience made available to facilitate investments and enquiries by both android and iOS on the Marlin4D games;



Marlin4D Game Account
means, the account registered and maintained by the Account Holder with MVI(Marlin Venture International Lte) in connection with Marlin4D game;



Inactive Date
has the meaning ascribed thereto in Condition 7(a) herein;



Initial Deposit
has the meaning ascribed thereto in Condition 2(a) herein;



Reactivation Fee
has the meaning ascribed thereto in Condition 7(a) herein;



ETA
has the meaning ascribed thereto in Condition 10(a) herein;



MVI
means, Marlin Venture International Ltd (Company No: 300941), a company incorporated in Republic of Vanuatu with its registered address at Vanuatu Investment Pulse, Maple Area , Port villa, Vanuatu;



Records
has the meaning ascribed thereto in Condition 4(c) herein;



USD
means, US Dollar;



Rules
means, the Rules Relating to Investments at Totalisators and Totalisator Agencies made pursuant to the Interactive Gaming Act 2000 ;



Scheme
means, the Scheme for the Establishment and Operation of Marlin4D game in Respect of betting pursuant to the Interactive Gaming Act 2000 ;



App
An application that's designed to perform a specific function directly for the user or, in some cases, for another application program, which is duly licensed by the relevant authorities;



Interactive(App) Betting Rules
means, the Rules for Investments by Mobile app made pursuant to the Interactive Gaming Act 2000 ;



Terms and Conditions
means, these terms and conditions for the registration, access and use of the Marlin4D Account, through whatever means (including but not limited to website and mobile applications) made available by MVI, from time to time and at any time. The most up to date Terms and Conditions will be available on the Website and your device when an auto update of app is available. If any change is unacceptable to you, you should cease using the Website/and App/or close your account. If, however, you continue to use the Website after the date on which the changes to the Terms come into effect, you will be deemed to have accepted those changes.



Verification Details
has the meaning ascribed thereto in Condition 3(f) herein.



(b)
The Account Holder and his/her access and/or use of the Marlin4D Account shall be bound by the Act, these Terms and Conditions, the terms and condition in connection with Marlin4D games and such other terms and conditions, guides, directives and/or notices to be issued by MVI, from time to time.



(c)
The Account Holder shall be deemed to have read, understood and agreed to Condition 1(b) above upon his/her application for, access to and/or use of his/her Marlin4D Account. These Terms and Conditions shall constitute a legal agreement between the Account Holder and MVI. You are responsible for ascertaining whether it is legal in your jurisdiction to participate at the Game.



2. Application for Marlin4D Account

(a)
Every application must be made using Marlin4D’s online registration asset with a minimum deposit of US Dollar Twenty (USD20) or other amount as may be revised by Marlin4D from time to time (“Initial Deposit”). Application submitted without the Initial Deposit will not be entertained.


(b)
Marlin4D game is only available to anyone who is at least 18 years of age.


(c)
Every application is subject to verification and conditions imposed by Marlin4D, who reserves the absolute right to reject any application without assigning any reason and giving any prior notice.



3. Access and/or Use of Marlin4D Account

(a)
It shall be the Account Holder’s sole responsibility to ensure that his/her application for the Marlin4D Account and subsequent access and use of the Marlin4D Account would not be in contravention of any laws of countries or jurisdictions to which he/she may be subjected. Neither Marlin4D nor its employees, servants and/or agents shall accept any responsibility or liability in the event any application for, access and/or use of the Marlin4D Account shall become illegal, unenforceable, voidable or void in any country or jurisdiction.

(b)
The Marlin4D Account –

(c)
The Marlin4D account shall be a USD denominated account and all monetary transactions shall also be in USD only.

(d)
Access to Marlin4D Account can be made through Marlin4D mobile application or such other channel as may be prescribed or notified by MVI from time to time. Access via Marlin4D website at www.Marlin4D.com cannot be used to make investments in Marlin4D game and it is strictly only for administrative and marketing purposes. For e.g. viewing promotional activities and any updates of information from MVI. Investments made via Marlin4D mobile application is available to the Account Holder who holds a valid Telephone number from a licensed telecommunications service provider or such other licensed transmission provider and the same valid Telephone number is registered with Marlin4D in respect of his/her Marlin4D’s game Account.

(e)
All access to and/or transactions via Marlin4D Account are subject to all necessary verification by MVI. The nature and extent of verification may vary from time to time, as MVI deems appropriate in its sole discretion.

(f)
The Account Holder is responsible to ensure that their details required for verification, including but not limited to user ID, account number, Personal Identification Number (PIN), codes or passwords (“Verification Details”) in connection with their Marlin4D’s game Account are kept confidential and secured at all times. The Account Holder shall not disclose the Verification Details to any third party except in accordance with Condition 3(e) above. The Account Holder shall take all necessary precautions to ensure that no other person has or will be granted access to the Verification Details to prevent unauthorised use of his/her Marlin4D’s game Account.

(g)
MVI has the right to reject the Verification Details entered or provided by the Account Holder at the verification stage without prior notice and without assigning any reason. MVI shall not be liable to the Account Holder or any person or party for any loss, which may be suffered as a result of such rejection and/or invalidation.



4. Investment On Marlin4D’s games through Marlin4D game Account

(a)
Subject to Condition 4(b) below, every investment made through Marlin4D’s game Account cannot be cancelled, changed and/or refunded once the investment has been confirmed by the Account Holder and accepted by MVI. The Account Holder shall be responsible for all investments effected using his/her Marlin4D’s game Account.

(b)
If an investment which has been accepted by MVI cannot subsequently be completed for any reason whatsoever, including it being due to the Account Holder’s non-compliance with these Terms and Conditions, MVI reserves the right, without assigning any reason, to invalidate that investment and no prize winnings (if any) shall be payable to the Account Holder on that invalidated investment. MVI reserves the right in its absolute discretion without assigning any reason, to determine the Account Holder’s entitlement to any refund or the amount of refund of the invalidated investment.

(c)
Confirmation of MVI’s acceptance of the Account Holder’s investment (“Bets Notification”) will be in various forms at MVI’s absolute discretion, depending on the channel of investment. In the event of any discrepancy between the Bets Notification and the information recorded in MVI’s computerised system relating to betting transaction(s) (“Records”), the Records shall prevail. In the absence of any manifest error, the Records shall be final, conclusive and binding on the Account Holders. MVI shall not be liable to the Account Holders for any discrepancy, delay and/or unavailability of such Bets Notification.

(d)
MVI reserves the right to withdraw and/or suspend the availability of Bets Notification service, at its absolute discretion without assigning any reasons.



5. Top Up and Withdrawal

MVI does not directly conduct any monetary transaction of cash/any credit forms of payment. You will be redirected to use any selected third-party payment processors of your choice to process your payment; therefore, we shall not in any way be responsible for any error occurring in the payment process in or out of Your Account. We reserve the right to void any Bet or transaction relating to any Bet affected by any error in such payment process. You must inform us as soon as possible if you find that the balance in Your Account does not match the balance that you expect.


(a)
MVI may refuse to accept any top up or if accepted, MVI reserves the right in its absolute discretion without assigning any reason, to refund the top up amount to the Account Holder. MVI shall notify the Account Holder whether the top up is successful or otherwise. A receipt for a successful top up (whether electronic or other forms) can be made available to the Account Holder in any manner deemed fit by MVI.

(b)
Withdrawals (whether of prize winnings or otherwise) by the Account Holder from his/her marlinMarlin4D’s Account shall be the same person who deposited the funds that were used for the relevant bet subject to such terms and conditions as may be prescribed by MVI, from time to time. We reserve the right to reject a transaction in case of discrepancies between the name of depositor and withdrawer.

(c)
All prize winnings will automatically be credited to your marlin4d’s internal wallet. All price winnings will be given the period of 60 days for withdrawal. Unclaimed prizes after 60 days shall be deemed void. Withdrawal lead-time is subject to the selected third-party payment provider by account holder. MVI is not liable to any withdrawal delay. Account holder agrees to indemnify us and hold us harmless against any costs, claims, damages and expenses arising from the above-said issue.

(d)
The Account Holder can only review his/her Marlin4D Account’s transaction history, including the successful top ups made/balance, by accessing his/her own Marlin4D’s e-wallet. Any monetary transaction history in all forms should be recorded and revealed by third-party payment processor selected by the account holder.

(e)
MVI reserves the right to request for any legal identification of the account holder, for example certified copies of passports, ID cards or other such documentation as we feel is required in the circumstances. We may also carry out phone verification, face verification or other such verification as is required to authenticate your identification.

(f)
If we mistakenly credit Your Account with winnings that do not belong to you for any reason, we reserve the right to request the third party payment provider to void any transaction and/or Bet involving sums paid to you in error.

(g)
If you have withdrawn these winnings before we become aware of this error, you will be required to recover all sums withdrawal with errors. Any failure to recover such fund will be taken to legal action of debt recovery.

(h)
You agree that funds in Your Account must only be used for playing the Game found on the Site. If you request a withdrawal without turning over an amount that is equal or more than the amount deposited we reserve the right to enforce a turnover of the full or part of the previous deposit/s made and/or charge a fee on the withdrawal requested. We can reject a withdrawal request if we suspect that funds are being withdrawn for any fraudulent or money laundering reasons.

(i)
Payment of any taxes, fees or charges on your Legitimate Winnings under any applicable laws shall be your responsibility.

(j)
You hereby agree, warrant and represent that no charge-backs or other cancellation or renunciation of deposits in to Your Account will be made relating to Your Account without our consent. In the event of any of the foregoing occurring, you agree to indemnify us and hold us harmless against any costs, claims, damages and expenses arising in connection therewith and to refund and compensate us for any losses we would otherwise incur arising from such actions including any expenses incurred by us in the process of recovering such amounts.



6. Rewards and Benefits

Any benefits, complimentary and/or gratuitous entitlements provided by MVI to the Account Holder in connection with his/her Marlin4D Account shall be at the absolute discretion of MVI and on such terms and conditions as may be determined by MVI from time to time and may be suspended, cancelled, withdrawn and/or revoked by MVI at any time without assigning any reason or prior notice.



7. Administration of Marlin4D Account

(a)
If a Marlin4D Account remains inactive, without any monetary transaction made by the Account Holder for a consecutive period of twelve (12) months from the date of the last -monetary transaction made (“Inactive Date”), MVI shall deem it as dormant. Any remaining amount of balance in the account shall not be transactional. MVI reserves the right in its absolute discretion without assigning any reason, to determine on termination or/and refund to the Account Holder at any given period of time. Any account bearing with the dormant status shall reactivate its account with the payment of US Dollar Twenty(USD20.00).

(b)
The Account Holder agrees to pay such fee and/or charges as may be imposed by MVI at its absolute discretion, from time to time and such sums shall be a debt due from the Account Holder to MVI as and when they arise. Such fees and/or charges will be notified by MVI through www.Marlin4D.com.

(c)
MVI makes no representation, warranty or guarantee as to the reliability, timeliness, security, quality, suitability, availability, connectivity, accuracy or completeness of the MVI services, the Marlin4D’s mobile application, the related software and the payment channels made available for marlinn4d’s game. While reasonable efforts will be made by MVI to ensure the security and availability of the MVI’s services, the Marlin4D’s mobile application, the related software and the payment channels, there may be system error, delays, interruptions and/or downtimes which are beyond MVI’s reasonable control. MVI shall not be liable to the Account Holder for any loss and/or damage howsoever arising including but not limited to his/her loss of opportunity. The Account Holder acknowledges and agrees that the entire risk arising out of his/her use of MVI’s service remains solely and absolutely with the Account Holder.



8. Termination

(a)
MVI reserves the right, at its absolute discretion at any time, to suspend and/or terminate a Marlin4D Account, without assigning any reasons and prior notice. Notwithstanding so, the Account Holder will be notified subsequently via the Account Holder’s last known contact maintained by MVI.

(b)
The Account Holder may terminate his/her Marlin4D Account with prior email written notice of at least three (3) working days to MVI in such mode and manner as may be prescribed and designated by MVI from time to time.

(c)
Upon the termination of the Marlin4D Account by either party, the account balance of the Account Holder as at the date of termination shall, subject to these Terms and Conditions and any other governing laws and/or the Act, be refunded by MVI to the Account Holder free from interest and after setting off any fees and/or charges due and owing by the Account Holder to MVI, as soon as practicable.



9. Exclusion of Liability and Indemnity

(a)
By submitting an application for and/or using the Marlin4D Account, the Account Holder agrees that MVI and its employees, servants and/or agents shall not be liable and/or responsible to the Account Holder for all or any direct and/or indirect loss, damage, cost, expense and/or fee howsoever arising from his/her Marlin4D Account and/or services.

(b)
The Account Holder shall indemnify MVI and/or its employees, servants from all or any direct and/or indirect loss, damage, claims, proceedings, cost, expense and/or fee (including legal fees on a solicitor-client basis) howsoever arising from provision of the Marlin4D Account and/or services to the Account Holder that may be suffered and/or incurred by MVI and/or its employees, and/or servants, as a result of Account Holder’s default, omission and/or negligence.

(c)
The Account Holder must keep their registration and account details up to date. This, and your account information, may be amended in the Personal section of the Website. If you require any assistance.



10. Personal Data Protection

(a)
Pursuant to Electronic Transaction Act of Republic Vanuatu (as may be amended from time to time http://www.wipo.int/wipolex/en/text.jsp?file_id=198080) , by submitting your Marlin4D application form (electronically or otherwise) or accessing your Marlin4D Account, the applicant or the Account Holder (as applicable) consents to MVI’s collection, retention, use and/or processing of the personal data of the applicant or the Account Holder, the transfer of such personal data outside Vanuatu and the sharing of such personal data by MVI with its principal, employees, agents and/or service providers for purposes of MVI providing Marlin4D services and other services to the applicant or the Account Holder and for MVI to ensure compliance with its obligations under the law.

(b)
All personal data collected by MVI shall be treated in accordance with the principles as set out in MVI’s Personal Data Protection Notice, which can be viewed www.Marlin4D.com /marlind4d’s application.

(c)
Each applicant and Account Holder shall be solely responsible to ensure that his/her personal data provided to MVI are current and updated. MVI shall not be responsible and/or liable to the applicant or the Account Holder for any loss and/or damages as a result of the applicant or Account Holder’s failure and/or omission to update MVI of any changes to his personal data and/or particulars.



11. Article 5 FTRA 2000

MVI’s reporting obligations under article 5 FTRA 2000 require MVI to report any Marlin4D’s related transactions reasonably suspected to involve unlawful and/or suspicious activities under FTRAA. In such circumstances, MVI is required by law to report the same to the relevant authorities without prior notice and/or any liability owed to the Account Holders by MVI as a result thereto.



12. Intellectual Property

(a)
We hereby grant you a revocable, non-exclusive, non-transferable right to use the Marlin4D Website and the Software and all content derived from the Marlin4D Website and the Software, including copyright and all intellectual property rights therein, in connection with the Service in accordance with these Terms and Conditions.

(b)
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Marlin4D Website and the Software shall remain at all times vested in us. You are permitted to use this material only as expressly authorized by MVI.

(c)
You acknowledge and agree that the material and content contained within the Marlin4D Website is made available for your personal non-commercial use only. Any other use of such material and content is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with, or create derivative works of such material and content.



13. General

(a)
In the event of a dispute by the Account Holder or any discrepancy in respect of matters related to his/her Marlin4D Account (including but not limited to the transactions performed through his/her Marlin4D games account), the Records shall, at all times, be final, conclusive and binding on the Account Holder.

(b)
The Account Holder consents to the receipt of all documents, notices, invoices and/or statement of accounts in connection with his/her Marlin4D Account that may be issued by MVI, electronically and/or otherwise as may be determined by MVI from time to time. In the event the Account Holder requires a printed copy of any of those documents to be delivered to him, MVI reserves the right to charge a nominal administration fee at a rate to be determined at MVI’s absolute discretion.

(c)
All notices shall be in written form(electronically) and in the case of –
  • (i) the Account Holder, they shall be deemed sufficiently served on the Account Holder if –
    1. posted on Marlin4D website; and/or
    2. sent by email, SMS and/or through mobile app to the last known email address and/or mobile number of the Account Holder; and/or
    3. sent by post or courier to the last known correspondence address of the Account Holder; at MVI’s absolute discretion.

  • (ii) MVI, they shall be deemed sufficiently served on MVI if sent in such mode and manner as may be prescribed and designated by MVI from time to time.

(d)
In the event any of the conditions stated herein shall become illegal, invalid and/or unenforceable, such illegality, invalidity and/or unenforceability shall not affect and invalidate the remaining conditions and the illegal, invalid and/or unenforceable condition shall be severed from these Terms and Conditions.

(e)
No failure or delay by any party in exercising any right or remedy shall operate as a waiver or acquiescence thereof nor shall any single or partial exercise or waiver of any right or remedy preclude its further exercise or the exercise of any other right or remedy.

(f)
MVI may assign and/or transfer any of its rights and/or liabilities under these Terms and Conditions to any party without the prior written consent of the Account Holder.

(g)
MVI shall at its absolute discretion at any time, modify, vary or amend these Terms and Conditions as it deems fit without prior notice to the Account Holder and such modification, variation or amendment shall take effect from such date as MVI may determine upon making available the updated version at www.Marlin4D.com and/or via the marlind4d’s mobile application. It shall be the Account Holder’s responsibility to check www.Marlin4D.com/Marlin4D application regularly for any updates or modification, variation or amendment to these Terms and Conditions.

(h)
These Terms and Conditions shall be governed by and construed in accordance with the laws of Vanuatu. In the event of any dispute arising from these Terms and Conditions, the parties shall submit all disputes for determination by the courts of Vanuatu.



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