1. Information and Content
1.1 Information accessed by you on the Website (including results, statistics, sporting data and fixture lists, odds and betting figures) is for your personal use only and the distribution or commercial exploitation of such information is strictly prohibited. No warranty is given as to the uninterrupted provision of such information, its accuracy or as to the results obtained through its use. The information is not intended to amount to advice or recommendations and is provided for information purposes only. It should not be relied upon when placing bets/wagers, which are made at your own risk and discretion.
2. Your Equipment
2.1 Your computer equipment or mobile device and internet connection may affect the performance and/or operation of the Website. betting.com does not guarantee that the Website will operate without faults or errors or that the betting.com services will be provided without interruption. betting.com does not accept any liability for any failures or issues that arise due to your equipment, internet connection or internet or telecommunication service provider (including, for example, if you are unable to place bets or wagers or to view or receive certain information in relation to particular events).
2.2 For customers using betting.com when mobile (including downloadable applications) for the placing of bets/wagers, please note that betting.com will not be responsible for any damage to, or loss of data from the mobile device that the software is installed on (unless such damage or loss is solely and directly attributable to the downloaded software) and will also not be responsible for any call, data or other charges incurred whilst using the software.
3. Fair Use
3.1 The Website and betting.com products may only be used for personal entertainment and the purposes of placing bets and wagers on events and/or gaming products with our advertisers.
3.2 You must not use the Website for the benefit of a third party or for any purpose which (in betting.com’s opinion) is illegal, defamatory, abusive or obscene, or which betting.com considers discriminatory, fraudulent, dishonest or inappropriate.
3.3 betting.com will seek criminal and contractual sanctions against any customer involved in fraudulent, dishonest or criminal acts via or in connection with the Website or betting.com’s products. Where appropriate betting.com will withhold, or cause to be withheld, payment to any customer where any of these are suspected or where the payment is suspected to be for the benefit of a third party. The customer shall indemnify and shall be liable to pay to betting.com, on demand, all Claims arising directly or indirectly from the customer’s fraudulent, dishonest or criminal act.
4.1 In order for you to use certain products offered on the Website you may need to download some software (for example, casino games that are made available via a flash player). Also, certain third party product providers may require you to agree to additional terms and conditions governing the use of their products. If you do not accept those third party terms and conditions, do not use the relevant third party software. betting.com does not accept any liability in respect of any third party software.
4.2 You are only permitted to use any and all software made available to you via the Website for the purpose of using products on the Website and, save to the extent permitted by applicable law, for no other purposes whatsoever.
4.3 We hereby grant to you a personal, non-exclusive, non-transferable right to use the relevant software, for the sole purpose of using/playing products on the Website (including the online casino), in accordance with the following provisions.
(a) You are not permitted to: (i) install or load the software onto a server or other networked device or take other steps to make the software available via any form of “bulletin board”, online service or remote dial-in or network to any other person; (ii) sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in these terms and conditions) your licence to use the software or make or distribute copies of the software; (iii) enter, access or attempt to enter or access or otherwise bypass betting.com’s security system or interfere in any way (including but not limited to, robots and similar devices) with the relevant products or the Website or attempt to make any changes to the software and/or any features or components thereof; or (iv) copy or translate any user documentation provided ‘online’ or in electronic format. In addition, and except to the minimum extent permitted by applicable law in relation to computer programs (including, the purposes expressly permitted by Section 296A(1) or Section 50(B)2 of the Copyright Designs and Patents Act 1988), you are not permitted to: (a) translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the software; or (b) reverse engineer, decompile, disassemble, modify, adapt, translate, make any attempt to discover the source code of the software or to create derivative works based on the whole or on any part of the software.
(b) You do not own the software. The software is owned and is the exclusive property of betting.com or a third party software provider company (the “Software Provider”). Any software and accompanying documentation which have been licensed to betting.com are proprietary products of the Software Provider and protected throughout the world by copyright law. Your use of the software does not give you ownership of any intellectual property rights in the software.
(c) The software is provided “as is” without any warranties, conditions, undertakings or representations. betting.com does not warrant that: (i) the software will meet your requirements; (ii) the software will not infringe any third party’s intellectual property rights; (iii) the operation of the software will be error free or uninterrupted; (iv) any defects in the software will be corrected; or (v) the software or the servers are virus-free.
(d) In the event of communications or system errors occurring in connection with the settlement of accounts or other features or components of the software, neither betting.com nor the Software Provider will have any liability to you or to any third party in respect of such errors. betting.com reserves the right in the event of such errors to remove all relevant products from the Website and take any other action to correct such errors.
(e) You hereby acknowledge that how you use the software is outside of betting.com’s control and at your own risk.
(f) The software may include confidential information which is secret and valuable to the Software Provider and/or betting.com. You are not entitled to use or disclose that confidential information other than strictly in accordance with these Terms and Conditions.
4.4 While betting.com endeavours to ensure that the Website is available 24 hours a day, betting.com shall not be liable if for any reason the Website is unavailable at any time or for any period. We reserve the right to make changes or corrections to or to alter, suspend or discontinue any aspect of the Website and the content or services or products available through it, including your access to it.
4.5 You must not misuse the Website by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not access without authority, interfere with, damage or disrupt the Website or any part of it; any equipment or network on which the Website is stored; any software used in connection with the provision of the Website; or any equipment, software or website owned or used by a third party. You must not attack our Website via a denial-of-service attack. Save where we have not taken reasonable steps, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website, software or to your downloading of any material posted on it, or on any website linked to it.
5. Third Party Content
5.1 betting.com receives feeds, commentaries and content from a number of suppliers. Certain third party product providers may require you to agree to additional terms and conditions governing the use of their feeds, commentaries and content. If you do not accept the relevant third party terms and conditions, do not use the relevant feeds, commentaries or content.
5.2 betting.com does not accept any liability in respect of any third party feeds, commentaries and content.
5.3 The end user terms and conditions relating to your use of the Racing UK feeds, commentaries and content are set out in Appendix Three to these Terms and Conditions.
5.4 betting.com does not allow any employee, anyone else in any way connected to such employee or anyone otherwise connected to a third party service provider (to be determined in betting.com’s absolute discretion) to bet/wager on any market or event where the third party service provider is providing a service to betting.com. betting.com will void any bet/wager where it determines in its absolute discretion that such betting/wagering has taken place.
5.5 Where the Website contains links to third party websites and resources, these links are provided for your information only. betting.com has no control over the content of these sites or resources, and accepts no liability for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third party website does not constitute an endorsement of that third party’s website, product or services (if applicable).
6.1 betting.com will not be liable for any errors in respect of bets or wagers including where: (i) there is an Obvious Error in the relevant odds/spreads/handicap/totals/Cash Out/Edit Bet amount displayed by betting.com; (ii) betting.com advertisers continue to accept bets or wagers on closed or suspended markets; (iii) betting.com incorrectly calculates or pays a settlement amount, including where a bet is Cashed Out for the full settlement amount; or (iv) any error occurs in a random number generator or pay tables included, incorporated or used in any game or product.
6.2 Incorrect Price – Prior to the start of an event, In-Play or after the event, where an Obvious Error is identified any bets will stand and be settled at the betting.com revised price. Where a revised price is deemed less than 1/1000 then bets will be void.
Where there is sufficient time before the start of an event, betting.com will endeavour to contact the customer and may in our absolute discretion allow the option of cancelling the bet.
6.3 Incorrect Count/Line/Spread/Handicap/Total – Prior to the start of an event, In-Play or after the event, where an Obvious Error is identified any bets will stand and be settled at the count, line, spread, handicap or total taken at the betting.com revised price except for the following situations:
i) Where a revised price is deemed less than 1/1000 then bets will be void.
ii) Any bet placed on a count, line, spread, handicap or total where the outcome is already known when the bet was placed will be void.
6.4 Incorrect Cash Out or Edit Bet Amount – Prior to the start of an event, In-Play or after the event, any bets that have been Cashed Out by the customer or edited by the customer using our Edit Bet feature, where the Cash Out or Edit Bet amount is incorrect (due to an error in the underlying price), will stand and be resettled at the correct amount.
Where a selection is Cashed Out following an incorrect result the selection will be resettled on the correct result.
6.5 Where there is sufficient time before the start of an event, betting.com will endeavour to contact the customer and may in our absolute discretion allow the option of cancelling the bet.
6.6 Incorrect Fixture – Where an incorrect player or team is quoted within a fixture all bets will be void. Such determination to be in betting.com’s absolute discretion.
6.7 Incorrect Market – If an incorrect market is quoted for any match or event, bets placed on that market will be void; other markets may also be void. Such determination to be in betting.com’s absolute discretion.
6.8 Late Bets – If for any reason a pre-event bet is inadvertently accepted after a match or event has commenced, bets will be settled as follows:
i) If the event and market is covered In-Play then bets will stand at the revised price at the time the bet was placed (where a revised price is deemed less than 1/1000 then bets will be void), unless the outcome is already known in which case such bets will be void.
ii) If the event or market is not covered In-Play then the bet will stand as long as the selected participant or team has not gained a material advantage (e.g. a score, sending off for the other team etc). Where a material advantage has been gained betting.com reserve the right to void the bet, win or lose. Any bet placed where the outcome is already known, including In-Play, will be made void.
6.9 Obvious Error – Maximum Winnings – The maximum amount which can be won for a bet placed where there is an Obvious Error and a revised price is £10,000, unless the expected winning amount of the original bet was greater than £10,000. In such circumstances, the winning amount of the bet placed at the revised price will equal that of the original bet with any excess stake becoming void.
7.1 betting.com actively monitors traffic to and from the Website. betting.com reserves the right in its sole discretion to block access where evidence indicative of automated or robotic activity is found.
7.2 betting.com reserves the right to restrict access to all or certain parts of the Website in respect of certain jurisdictions.
7.3 betting.com may alter or amend the products offered via the Website at any time and for any reason.
7.4 From time to time, all or part of the Website may be unavailable for use by you because of our maintenance of the Website and/or alteration or amendment of any of the Website products.
B. OUR LIABILITY
1. betting.com does not accept any liability for any damages, liabilities or losses which are deemed or alleged to have arisen out of or in connection with the Website or its content (including delays or interruptions in operation or transmission, communication or lines failure, any person’s misuse of the Website or its content or any errors or omissions in content).
2. While betting.com endeavours to ensure that the information on the Website is correct, betting.com does not warrant the accuracy or completeness of the information and material on the Website. The Website may contain typographical errors or other inaccuracies, or information that is out of date. betting.com is under no obligation to update such material. The information and material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, betting.com provides you with the Website on the basis that betting.com excludes all representations, express or implied warranties, conditions and other terms which but for these terms and conditions might have effect in relation to the Website.
3. betting.com’s total aggregate liability to you under or in connection with these Terms and Conditions does not exceed £1,000.
4. Except as otherwise set out in these terms, betting.com shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for any of the following (whether incurred directly or indirectly):
(a) loss of profits;
(b) loss of business;
(c) loss of revenue;
(d) loss of opportunity;
(e) loss of data;
(f) loss of goodwill or reputation; or
(g) any special, indirect or consequential losses,
whether or not such losses were within the contemplation of the parties at the date of these terms and conditions.
5. Nothing in these Terms and Conditions shall exclude or limit betting.com’s liability for:
(i) death or personal injury caused by betting.com’s negligence;
(ii) fraud or fraudulent misrepresentation; or
(iii) any liability which cannot be excluded or limited under applicable law.
C. OUR INTELLECTUAL PROPERTY RIGHTS
1. The contents of the Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is betting.com, its affiliates or other third party licensors.
2. All product and company names and logos mentioned on the Website are the trade marks, service marks or trading names of their respective owners, including betting.com.
3. Except to the extent required to use a product for the purpose of placing bets or wagers, no part of the Website may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website or in any public or private electronic retrieval system or service including text, graphics, video, messages, code and/or software without our express prior written consent.
If you make use of a feature that allows you to upload material, information, comments, postings or other content to the Website (“User Content”), then the User Content will be considered to be non-confidential and non-proprietary and betting.com has the right to use, copy, distribute and disclose to third parties any User Content for any purpose. betting.com also has the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights or of their right to privacy. betting.com has the right to remove, amend or edit any User Content you make on the Website.
5. Any commercial use or exploitation of the Website or its content is strictly prohibited.
D. OTHER PROVISIONS
2. In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms and Conditions or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.
3. The rights and remedies provided by these Terms and Conditions are cumulative and (unless otherwise provided in these Terms and Conditions) do not exclude any other rights or remedies available in law.
4. If any provision of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect.
5. You shall execute or cause to be executed all documents and do or cause to be done all further acts and things consistent with the terms of these Terms and Conditions that betting.com may from time to time reasonably require in order to vest in and secure to betting.com the full benefit of rights and benefits to be transferred or granted to betting.com under these Terms and Conditions and for the protection and enforcement of the same and otherwise to give full effect to the terms of these Terms and Conditions.
6. Nothing in these Terms and Conditions shall create or be deemed to create a partnership, joint venture or principal-agent relationship between the parties and no party shall have authority to bind any other in any way unless expressly provided otherwise in these Terms and Conditions.
7. betting.com shall not be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control including (without limitation) any telecommunications network failures, power failures, failures in third party computer hardware or software, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity and acts of government or other competent authorities. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
8. betting.com may assign, transfer, charge, sub-license or deal in any other manner with these Terms and Conditions, or sub-contract any of its rights and obligations under these Terms and Conditions, to any party including any company within the betting.com group.
9. Any notice to be given under these Terms and Conditions must be in writing, in English and may be served by hand delivery, first class post, recorded delivery or registered post or airmail, email or fax to: (a) in the case of betting.com, the address of the relevant betting.com company as set out at the beginning of these Terms and Conditions or as displayed on the Website; and (b) in respect of notices given by betting.com to you, pursuant to the customer registration procedure (including any amendment to those details you have notified to betting.com). Any notice shall be deemed to have been received: (a) if delivered by hand, at the time of delivery; (b) if sent by first class post, recorded delivery or registered post, at 09.30 (GMT) on the second clear day after the date of posting; (c) if sent by pre-paid registered airmail, at 09.30 (GMT) on the fifth clear day after the date of posting; (d) if sent by email, at the time of sending; and (e) if sent by fax, at the time of transmission by the sender.
E. COMPLAINTS, DISPUTES, GOVERNING LAW AND JURISDICTION
1. Should there be any claim or dispute arising from a past or current transaction, please contact us. betting.com is unable to settle the dispute, either party is entitled to refer the dispute to an arbiter, such as the Independent Betting Adjudication Service (IBAS) or via the Online Dispute Resolution (ODR) platform, whose decision will be final (save in respect of any manifest error) subject to full representation given to all parties involved. No dispute regarding any bet/wager will result in litigation, court action or objection to a bookmaker’s licence or permit (including any remote operator’s licence or personal licence) unless betting.com fails to implement the decision given by arbitration.
2. These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the laws of England and Wales.
3. By accepting these Terms and Conditions and/or placing bets or wagers and/or making use (whether authorised or not) of the facilities offered by betting.com (whether through the Website or otherwise), you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms and Conditions. Notwithstanding the foregoing, betting.com shall be entitled to bring a claim against a customer in the court of the customer’s country of domicile.
Betpoint Limited (www.betting.com) 1st March 2017