USER AGREEMENT
UPDATED 5 NOVEMBER 2018
PLEASE READ THIS CAREFULLY BEFORE USING THE BETABLE SITE
INTRODUCTION
- Welcome to Betable. This document and the documents referred to in it (together, referred to as the "Terms and Conditions” or “Terms ") are the legal agreement on which you may make use of Betable’s products and services (collectively “Our Services” or “Services”).
- Our Services include;
- All products, including our Games, websites (“Sites”), mobile and device apps or downloadable clients (“Apps”) which are labeled as “Powered by Betable” or “Betable-Powered”;
- Any other products, including games available through Betable’s Sites and Apps.
- Your Betable account (“Account”), through which you can access our Services.
- These Terms apply to both guests and registered users. They apply regardless of whether the Services are accessed by desktop browser, mobile device, tablet device or any other device.
- By creating an Account and/or making use of our Services you indicate that you accept the Terms and Conditions and that you agree to abide by them. If you do not, you should not use our Services.
- In addition to this document, the Terms and Conditions include:
- our Privacy Policy
- our Protected Funds policy
- any terms, conditions and rules of any special offers, promotions or bonuses which may be offered as part of our Services;
- our Responsible Gambling policy; and
- the rules of each Game (“Game Rules”) which are different for each Game and are easily accessible within every Game.
WHO WE ARE
- Betable is a UK-based gambling company which has been operating since 2009. You can read more about us here. We offer our Services to users through:
- Betable Ltd, which is registered in England and Wales under company number 7080629 and has its registered office at Aston House, Cornwall Avenue, London, N3 1LF ("Betable UK").
- Betable UK is licensed by the Gambling Commission (License Number 000-023328-R-307313-016), in accordance with the law of England and Wales. For more information, visit www.gamblingcommission.gov.uk.
OPENING AN ACCOUNT
- You are free to browse our Sites but, if you want to start using our Services, you are required to register and open an Account with Betable.
- When you register for an Account you will be registering with Betable UK, unless otherwise stated at the time of registration.
- By applying to register with us you declare that:
- you are at least 18 years old;
- you have legal capacity and authority to enter into these Terms and Conditions;
- you are opening this account for your own use, and not for the use of anyone else;
- your account is personal to you and may not be transferred to a third party;
- the information provided on the registration form is correct, including, without limitation, your name, date of birth, postal and email addresses, and any other information used to authenticate your identity;
- you understand that there is a risk of losing money and you accept full responsibility for such losses;
- you are authorised to make any payments that you make as a result of using our Services and will at all times act in good faith in relation to those payments;
- you have read and understood the terms of these Terms and Conditions and agree to be fully bound by them;
- you are responsible for complying with your applicable local or national laws, including gambling laws, and will not access our Services in any jurisdiction in which it would be illegal to do so.
- Prohibited Jurisdictions:
Afghanistan, Algeria, Angola, Anguilla, Antarctica, Antigua and Barbuda, Armenia, Aruba, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bermuda, Bhutan, Bolivia, Botswana, Bosnia and Herzegovina, British Indian Ocean Territory, British Virgin Islands, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Cayman Islands, Central African Republic, Chad, Chile, China, Christmas Island, Cocos Islands, Colombia, Comoros, Democratic Republic of Congo, Cook Islands, Cote D’ Ivoire, Cuba, Cyprus, Czech Republic, Djibouti, Dominica, East Timor, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Falkland Islands (Malvinas), Faroe Islands, Fiji, France, French Guiana, French Polynesia, Gabon, Gambia, Palestine, Georgia, Ghana, Greece, Greenland, Grenada, Guadeloupe, Guam, Guinea, Guinea-Bissau, Haiti, Hong Kong, Hungary, India, Indonesia, Iran, Iraq, Israel, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kiribati, Democratic People’s Republic of Korea (North Korea), South Korea, Kuwait, Kyrgyzstan, Laos, Lebanon, Lesotho, Liberia, Libya, Macau, Madagascar, Malawi, Malaysia, Maldives, Mali, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Mexico, Micronesia, Moldova, Mongolia, Montserrat, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, New Caledonia, Nicaragua, Niger, Nigeria, Niue, Norfolk Island, Oman, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Philippines, Poland, Puerto Rico, Qatar, Reunion, Russia, Rwanda, St. Helena, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, South Africa, Spain, Sri Lanka, Saint Pierre and Miquelon, Sudan, Swaziland, Syria, Taiwan, Tajikistan, Tanzania, Thailand, Togo, Tokelau, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, Tuvalu, Uganda, Ukraine, United Arab Emirates, United States, Uruguay, Uzbekistan, Vanuatu, Venezuela, Vietnam, Virgin Islands, Wallis and Futuna Islands, Western Sahara, Yemen, Zambia and Zimbabwe.
- As part of the Account opening process you will be required to choose a password for your Account. You must protect this password as described in the Privacy Policy. You agree that Betable reserves the right to disable any password, whether chosen by you or allocated by us, at any time if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
- At registration you will be asked if you wish to opt-in to receiving promotional communications via email/SMS/phone/post. You may also change your opt-in and opt-out preferences by accessing your account from the lobby and editing your preferences in the Settings section of your Betable profile.
- Your Account is personal to you and may not be transferred to a third party without our prior written consent. You may suspend or terminate your Account at any time upon written request to us or via your account online.
- You agree to inform us immediately of any change to your information as provided at the time you registered with us or as soon as you are aware of any mistakes or inaccuracies in the information that we hold about you. When informing us of any changes to details, we may request documents from yourself as proof to fulfil our legal obligations.
- We take absolutely no responsibility for any third party accessing Your Account using the correct username and password and we shall not be liable for any losses incurred by you as a result of such an event. Any access to Your Account with the correct username and password will be considered by us as valid.
- Should you become aware of any unauthorized use of Your Account, you are obliged to immediately notify us and we will suspend your Account pending further investigation of such unauthorised use. If you are using a shared computer we advise that the checkbox to remember password is kept unchecked at all times.
VERIFYING YOUR ACCOUNT
- For your protection and to fulfil our legal obligations we are required to verify the identity and age of all our customers. You agree to supply any information required to complete this verification including without limitation proof of identity, age, place of residence, ownership of forms of payment used, or proof of source of funding of your account. Failure to provide satisfactory verification information and/or proof of identity and residence to us on demand may lead to your Account being suspended indefinitely and any pending funds will be held until such verification has been completed. All your information is protected under our Privacy Policy.
- If you fail automatic verification you will be required to complete a manual verification within 72 hours by sending identity documents to customer services. If you do not complete verification within 72 hours your account will be closed and will remain closed until you verify your identity.
- Even if you pass automatic or manual verification, we may at times be required to re-verify your identity, as described above, to comply with our legal obligations or for our own internal due diligence. Betable reserves the right in its absolute discretion to refuse any application for registration and is not obliged to provide a reason for any such refusal.
- Please be advised that once all required documents have been received it can take up to 2 full business day for the documents to be processed.
YOUR INFORMATION
- All your personal information is protected by Betable under the terms of the Privacy Policy.
YOUR FUNDS
- Before you can play the Games you must deposit funds into your Account by using one of the methods set out in the 'Deposit Funds' section of our Sites or Apps (as applicable).
- Customer funds will be held in separate bank accounts from our corporate funds. These accounts are not trust accounts and may not be protected in the event of insolvency. This meets the Gambling Commission's requirements for the segregation of customer funds at the level: Basic Segregation.
- Funds deposited with us in your Account will be billed as betable.com on your credit and debit card statements.
- We reserve the right to refuse any type of payment for any reason, regardless of whether previous payments have been processed to or from a particular method, or if that payment method is usually accepted in respect of any Customer.
- You will not be entitled to play a Game unless you have sufficient funds in your Account to do so.
- If you win a prize in one of our Games, the prize will be added to the balance of your Account. Payment of any prize may be subject to the successful completion of our verification processes outlined in the ‘Verifying Your Account’ section above. The maximum payout per win is £200,000.
- The site minimum deposit and withdrawal amounts are £10. The minimum withdrawal amount will not apply if you are closing your account.
- Your Account is not a banking facility. Money deposited in your Account will not earn any interest.
- If you appear to make deposits and withdrawals which do not relate to genuine play, we reserve the right to suspend and/or terminate your Account, and void any winnings that stem from this play. For example:
- Depositing in order to meet an eligibility criteria to receive a promotion and then withdrawing those funds without an appropriate level of game play, this may vary from promotion to promotion and case to case but is usually set at one times the deposit amount.
- Depositing funds and then going on to withdraw those funds without an appropriate level of game play, this may vary from promotion to promotion and case to case but is usually set at one times the deposit amount.
- to the degree that we feel that the activity may be for purposes other than the use of our services.
- For any withdrawal made before the full amount of the initial deposit has been turned over in Betable-Powered games, it will only be processed once enhanced due diligence has been carried out on the account.
- Betable will carry out additional verification procedures for any payout or cumulative payouts exceeding the equivalent of £2,000 and reserves the right to carry such verification procedures in case of lower pay-outs. Such verifications may include but shall not be limited to, copies of a player’s passport, national Identity Card, copies of a player’s utility bills, and/or copies of the credit/debit cards used to make deposits.
- In relation to deposits and withdrawals of funds into and from your Account, you acknowledge that you shall only use such credit cards and other financial instruments that are valid and issued by lawful institutions and that legally belong to you. We retain the right to prohibit the use of company payment methods and void any winnings stemming from deposits made with a company payment method or payment method not in the name of the account holder.
- Betable reserve the right to validate progressive jackpot winnings exceeding £100,000, or equivalent in any other currency, before any payout shall be processed from your Betable Account. Any progressive jackpot winnings should be validated within 30 days. Betable reserves the right to process payment of Jackpot amounts over £10,000 by Wire Transfer.
- Before any withdrawals are processed, your play will be reviewed for any breach of terms and conditions/bonus policy. Should We deem that a breach of the terms and conditions has occurred we reserve the right to withhold any withdrawals and/or confiscate all winnings and bonuses, including any further winnings gained as a result of gameplay paid for using these funds. Any contact by Betable congratulating any win does not mean the win is legitimate and that the Risk and Payments team have checked for bonus policy/terms breaches.
- Due to Card Scheme Rules and Anti Money Laundering Regulations withdrawals, where possible, will only be processed to the payment instrument which was used to deposit the funds. If this is not possible, Betable reserves the right to request additional documentation and make the withdrawal payment via alternative means.
- Please be advised that our products are consumed instantly during gameplay. Thus, we cannot provide refunds, returns of monies, or cancellation of the requested service when playing. If you play a game with real money, the money will be drawn from your player account instantly.
- Please be advised that it can take up to 2 full business days to review and process withdrawals, provided no account verification is required. Once processed, there may be a 3-5 day processing time period (depending on the withdrawal method used) before the funds will be available.
- Betable does not grant any credit for the use of its services.
- By depositing funds into your account, you agree not to make any charge-backs, or reversals for funds spent or otherwise cancel any deposits. If we incur any charge-backs, reversals or other charges in respect of any such charge-backs, reversals or cancellations, we reserve the right to charge you for the relevant amounts incurred.
FRAUD, CHEATING, COLLUSION AND CRIMINAL ACTIVITY
- The following activities are forbidden and constitute a material breach of the Terms:
- Sharing account credentials or joint use with other players or entities and Colluding with other third parties;
- Using unfair advantage or influence (commonly known as cheating), including the exploitation of a fault, loophole or error in our software, the use of automated players (sometimes known as 'bots'); or the exploitation of an 'error';
- Undertaking fraudulent activities to your advantage, including the use of a stolen, cloned or otherwise unauthorized credit or debit card, as a source of funds;
- Taking part in any criminal activities including money laundering and any offence with criminal repercussions.
- Transferring of funds from one player account to another.
- Betable reserves the right to seek criminal and contractual sanctions against you (such as withholding any funds in your account pending investigation) if you are involved in confirmed or suspected fraud, cheating, collusion and/or criminal acts and will submit reports as necessary to the relevant authorities.
- For the purpose of these terms collusion shall mean, conspiring to work with other players in a group of 2 or more in order to take advantage of a perceived weakness or mathematical flaw in our system for the purpose of gaining an unfair advantage. In the event that we find an individual or group of individuals to be colluding, we reserve the right to terminate your account and withhold any pending funds. The categories we may use to link player accounts include but are not limited to:
- IP address;
- Device ID;
- Play style, choice of games or abuse of a specific facet of a game or group of games;
- Significant links found through E-KYC, or other investigative techniques;
- Other fair and reasonable methods.
- You shall indemnify and shall be liable to pay Betable, on demand, all costs, charges or losses sustained or incurred by Betable (including any direct, indirect or consequential losses, loss of profit and loss of reputation) arising directly or indirectly from Your fraud, dishonesty or criminal actions.
ACCOUNT CLOSURE
- You can request to close your account at any time by contacting support at [email protected] or you can request to close your account via your account page on site.
- Following the voluntary closure of your Account we will return to you any surplus funds remaining in your Account.
- We reserve the right (pending final determination of any issue, and following final determination of any issue in our favour) to withhold the return of funds if:
- you have been involved in any fraudulent or dishonest activity or have breached the Terms and Conditions;
- the applicable funds have been incorrectly credited to your Account, credited in error, or are winnings from bets or wagers using funds incorrectly credited or credited in error; or
- we are required to do so by law or to comply with the instructions of any competent court or governmental, regulatory or enforcement authority (wherever based).
- Accounts which are involved in fraudulent activity may be closed by us and the funds in those accounts may be forfeit.
- If you owe us money for any reason, we shall be entitled to set off any such amount before making any payments or returning any money to you.
- Betable reserves the right to refuse or close an Account at its sole discretion and without any explanation whatsoever. In the case of account closure, any contractual obligations already made by Betable shall, without prejudice to any rights available at law to Betable, be honoured accordingly.
INACTIVE ACCOUNTS
- Betable reserves the right to suspend and/or terminate any unconfirmed Accounts or accounts with no balance which have been inactive for a period of 12 months or longer.
- Your account will be deemed inactive if you fail to place a deposit or wager in a consecutive 12 month period. Following 12 months of uninterrupted inactivity, Betable will send a reminder mail to the user via the email address saved in their account details. Upon receipt of this reminder mail, the user will have 30 days to log into their player account and make a transaction. If no transaction is registered within this 30-day period, £5 of real money credit or 5% of the remaining cash balance (whichever is greater) will be deducted. If the balance is less than £5 then the whole amount will be deducted. This fee will be charged monthly until:
- Your account becomes active;
- The account balance drops to £0 for any reason;
- Betable will try to refund any remaining account balance (cash) to the last used payment method before an account is due to be charged inactivity fees. If a refund has not been possible for whatever reason, the inactivity fee process outlined above will commence.
- We reserve the right to close accounts which remain inactive for a period of 12 months at which point the account will be deemed dormant.
DUPLICATE ACCOUNTS
- You agree to have only one Account with Betable. Multiple Accounts with different email addresses, and/or different names, etc. for one individual person are not allowed. If, in our opinion, you have more than one Account ("Duplicate Account(s)"), we may elect at any time to:
- close your Account and all of your Duplicate Accounts; and/or
- keep open the first Account opened by you or on your behalf and delete all Duplicate Accounts.
- If we close any Account or Duplicate Account:
- all winnings, bonuses, bonus spins and winnings associated with any bonuses and bonus spins in the Duplicate Accounts closed will be void and forfeited by you;
- we may, at our entire discretion, void all bets placed using deposited funds in any Duplicate Account and we will refund your deposits (less the sum of any winnings already withdrawn from any of the Duplicate Accounts being closed);
- we may, at our entire discretion, allow usage of the Duplicate Account to be deemed valid, in which the balance of the Duplicate Account (if any) will be refunded; and
- we reserve the right to deduct an administrative fee of up to £15 per Duplicate Account closed from any refunded deposits.
USING OUR SERVICES
- You may use our Services for lawful purposes only. You may not use our Services:
- if you breach the Terms and Conditions or our policies;
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of money laundering (including where this is linked to terrorist funding);
- for abuse of our bonus or promotional offers (please see bonus terms section 11);
- for the purpose of harming or attempting to harm minors in any way; or
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- to infringe or attempt to infringe the privacy of another user of our Service; or
- to take any action to manipulate artificially our Games, feedback and/or ratings systems for whatever purpose.
- You also agree:
- not to reproduce, duplicate, copy or re-sell any part of our Sites, Apps and/or Services in contravention of the provisions of these Terms and Conditions;
- not to access without authority, interfere with, modify, reverse-engineer, damage or disrupt:
- any part of our Services;
- any equipment or network on which our Services are stored;
- any software used in the provision of our Services; or
- any equipment or network or software owned or used by any third party, including any software you may need to download to make use of our Service;
- not to misuse our Services in any way including, without limitation, by hacking;
- not do anything which hinders the performance of our Services;
- not to take any action to conceal or disguise the IP address of the computer you are using to access our Services.
- Access to our Services is permitted on a temporary basis, and we reserve the right to withdraw or amend our Services without notice. We will not be liable if for any reason our Services are unavailable at any time or for any reason.
- From time to time, we may restrict access to some parts, or the entirety, of our Services, including any of our Games, to users who have registered with us.
- We intend to update our Services regularly, and may change the content at any time. If the need arises, we may suspend access to our Services, or close our Sites and/or Apps indefinitely (in which case you will remain entitled to the balance in your Account, subject to and in accordance with these Terms). Any of the material contained in our Services may be out of date at any given time, and we are under no obligation to update such material.
RESPONSIBLE GAMBLING
- Betable offers a variety of facilities to help You control Your gambling activity such as Session Limits, Deposit limits, Cool Downs, Self-Exclusion and Transaction History.
- Session Limit is an additional feature introduced to assist You in managing Your gameplay and is available in the “Play Safe” section of your account. When enabling the Session Limit feature You acknowledge that Betable is not required to close or self-exclude Your account or prevent You from using our services as a result of You using the feature.
- Deposit Limits. The deposit limit facility allows You to limit the amount of money that You are able to deposit into Your Account either daily, weekly or monthly. Deposit limits set by You will apply to your Betable account.
- Cool Downs. A cool down period is a minimum of 24 hours and a maximum of 30 days and is set by You. The account can not be re-opened while an active cool down period is still in place. Once the requested time period has passed, the account will automatically be restored.
- Self-Exclusion. A self exclusion period is a minimum of 6 months and a maximum of being applied permanently and is set by You. The self exclusion will be applied brand-wide across all Betable sites. The account can not be re-opened while an active self exclusion period is still in place.
- If You would like to re-activate Your account after the self-exclusion period, You may recommence gambling by contacting our Customer Support team by email stating your wish to have your account restored. A cooling off period of 24 hours applies before the account can be restored. Once the 24 hour cooling off period has elapsed, you must provide a second confirmation that you still wish your account to be restored.
- You accept that Betable has no responsibility or liability whatsoever if You circumvent our system in order to continue gambling and/or seek to use the Service and Betable fails to recognise or determine that You have requested self-exclusion or cooling off in circumstances that are beyond Betable’s reasonable control. In the event that You do not choose to update Betable with any changes to Your personal information and You manage to open new accounts, Betable will not be held liable for subsequent decisions to gamble. For example, including but not limited to, You opening a new Account using a different name, email, mobile phone number or address. Any winnings will be retained by Betable upon detection and all transactions will be made void.
- For full information about responsible gambling, please see Betable's Responsible Gambling Policy.
UNDER AGE USERS
- You are prohibited from using our Services if you are under the legal age of gambling in your place of residence (under 18 if you are in the UK). We take our responsibility to prevent those under 18 from playing our Games very seriously. If we are informed or otherwise become aware that you are under 18 or were under 18 when you played any Games then your Account will be immediately suspended pending an investigation. If we are unable to confirm without doubt that you are 18+, the account will be permanently suspended.
- Any wagers made by users under the age of 18 will be void, including any wins from those wagers, and their deposits will be refunded.
- Betable would like to draw the attention of players who are parents or have custody over children under 18 to parental responsibility over facilities such as mobile phones, tablets, computers and interactive television. Underage gambling is an offence in many countries, including the UK.
- After opening Your Account, You must take all reasonable steps to avoid disclosing (whether deliberately or accidentally) Your username, password and/or Account number to anyone else, including ensuring that up-to-date security software is downloaded onto Your device and changing Your password regularly. In accordance with our Responsible Gambling Policy, we advise that if Your device is used by children that any information in relation to Your Account is kept confidential and secure and You may wish to make use of parental control software. Whilst Betable takes every precaution possible to ensure underage gaming cannot take place, the use of parental information remains the account holder's responsibility.
PLAYING OUR GAMES
- You must play each Game in accordance with the applicable Game Rules, which are easily accessible within every Game.
- We strive to ensure that Game Rules that are clear and fair. If you think that any of the Game Rules are unclear or unfair, please tell us immediately by email to [email protected]. You should not play a Game if you do not think the Game Rules are clear and fair. By playing a Game, you confirm that you agree that the applicable Game Rules are clear and fair.
- Changes to the Game Rules will apply only after they have been made.
- We are responsible for all of the financial and gambling-related aspects of our Games. However, the player interface of our Games is often provided by one of our selected partners. For further information, see the "Downloads and Links" section below.
- You agree that you are solely responsible for all information (whether entered correctly or incorrectly) that you provide when playing our Games, including but not limited to the amount staked on the Game, and that Betable has no liability to you or any third party in relation to any such information.
- You will not be able to change or cancel the amount staked once you have confirmed to us that you are happy with the amount you have staked on the Game.
- All winnings will be rounded down to the nearest whole pence. For example, a winning payout of £0.026 would be rounded down to £0.02, and £0.02 would be added to your Account balance.
- You are not permitted to engage in any unfair practices when playing Games, including cheating, using computer programs that are designed or used to confer an advantage on the user, or any other method of unfairly increasing your chances of winning Games.
- Betable reserves the right in its sole discretion to void the results of any Game if it has reason to suspect that there was an error, bug, or malfunction in the Game, that the Game was played with funds incorrectly credited or credited in error, or that any player has engaged in any unfair practices or has otherwise breached these Terms and Conditions, any applicable law or the general principles and values of our community.
INTERRUPTED SESSIONS
- Your participation in any Game may be interrupted or ended as a result of any hardware, software or network failure (for example, if your computer or mobile phone battery runs out or your internet connection fails). If this happens while you are placing a bet or a wager, our records will be definitive evidence of whether or not the bet or wager was successfully placed before the failure. If the bet or wager was not successfully placed, the bet or wager will be void. If the bet or wager was successfully placed, but the outcome of it was not determined before the failure, then:
- if no other decision or action was required from you for the wager to be resolved, then the game round will be resolved and you will be able to view the outcome the next time you access your Account; or
- if another decision or action was required from you for the wager to be resolved, then, in our reasonable discretion: (i) the next time you access your Account, you will be able to return to the position in that Game which was last recorded by us and continue to play that Game; or (ii) if it is not possible for you to return to the position in that Game which was last recorded by us and continue to play that Game, or if we decide for any other reason, we may reverse the bet or wager and refund the stake to your Account; or (iii) in the case of multiplayer Games where other players continue playing, the wager will be resolved by the standard strategy described in the applicable Game Rules, unless those Game Rules do not provide for such an eventuality, in which case your stake will be forfeited unless we (in our absolute discretion) decide otherwise.
DOWNLOADS AND LINKS
- Where our Sites and/or the Apps contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- If you need to download software to play our Games, the owner or licensee of that software (whether us or our selected partner) will license that software to you. The terms on which you may download that software will be made available to you at the time of download. You must accept those terms in order to use that software.
- Any software you download to play our Games is used at your own discretion and risk.
- If you visit a website that is not owned or operated by us in order to play our Games, the terms and conditions of that website will apply.
- Where, in order to play one of our Games, you download software that is not licensed by us, or visit a website that is not owned or operated by us, we do not accept liability for any loss or damage of any kind that you suffer as a result, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, unless we are satisfied that we have obtained any money from you that we would not have obtained were it not for a fault or failure in the elements of our Games contained on that website or in such software, we will refund such money to your Account.
USER CONTENT
- Other than personal data, which is covered under our Privacy Policy, any material (including data, sounds, image, text) you transmit or post to our Sites or using an App, including any feedback or suggestions, shall be considered non-confidential and non-proprietary and we have no obligations to you or any other party with respect to such material. You agree that Betable shall be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all commercial or non-commercial purposes without any further recourse to you or any other person.
- You are prohibited from posting or transmitting to or from our Sites or any App any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- for which you have not obtained all necessary licenses and/or approvals; or
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- which would appear to another user of our Sites and/or any App to have originated from Betable, our staff or any member of our company group, any of our partners providing the user interface of any of our Games, or any other person; or
- which relates or links to individuals who are under the age of 18; or
- which relates or links to another person's private emails or to contact information about that person; or
- which refers to any list of banned, suspended or blocked users of our Games or those users who are currently being investigated or are suspected of breaching these Terms and Conditions and/ or Betable's policies; or
- which in anyway breaches these Terms and Conditions or any of our policies or instructions or encourages others to do so; or
- which advertises any other gambling service other than the Services or any other commercially available product or service that is not provided by us or our company group; or
- which is technically harmful (including, without limitation, computer viruses, distributed denial-of-service attacks, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
- Please be aware that Betable will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms and Conditions.
INTELLECTUAL PROPERTY RIGHTS
- We are the owner or the licensee of all intellectual property rights in our Sites, our Apps and our Games, and in the material published on our Sites. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from our Sites for your personal reference.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of material on our Sites must always be acknowledged.
- You must not use any part of the materials on our Sites for commercial purposes without obtaining a license to do so from us or our licensors.
- If you print off, copy or download any part of our Sites in breach of these Terms and Conditions, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
OUR LIABILITY
- In no event will we, or any of our suppliers, accept any liability however arising for any losses you may incur as a result of playing Games.
- 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 our Services, or your downloading of any material posted on them or on any website linked to them.
- The material displayed on our Services is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Services or in connection with the use, inability to use, or results of the use of our Sites, our Games, the Apps, any other websites linked to them and any materials posted on them, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time;
- any loss or damage arising from any hardware, software or network failure such as those described in the "Playing our Games" section above; and
- any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
- Nothing in these Terms and Conditions shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
- For further information about your legal rights, contact your local authority Trading Standards Department, Citizens' Advice Bureau or local equivalent.
COMPLAINTS AND DISPUTES
- If you wish to raise any complaint with us, please contact us at [email protected]
- The enquiry will be investigated and you will receive a response within 2 working days. Should a complaint require an extended investigation, or you are unhappy with the outcome of the complaint then the complaint will be escalated and investigated further.
- If a disagreement is resolved in your favour, we may (without limitation) reverse the transaction which is the subject of the disagreement.
- If you are not satisfied by the response of our customer satisfaction team, you can ask for the dispute to be escalated to a manager or supervisor with a response provided within 10 working days with an update on your complaint.
- If you have a complaint in relation to Betable activities licensed by the Gambling Commission, and we are unable to resolve any disputes between us, you may refer the dispute free of charge to a recognized professional independent dispute resolution service. Betable uses IBAS (Independent Betting Adjudication Service) for all such disputes.
- The English courts will normally have jurisdiction over any claim arising from, or related to, the use of our Services, unless you choose the courts of your home in another Member State of the European Union. We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
- These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales (or, if you live in another part of the United Kingdom, your local law).
- In the event that you have a dispute with one or more other users of our Services, you agree to indemnify us against all claims, losses, costs (including legal and other professional fees) and damages (whether actual and consequential) of every kind and nature, known and unknown, incurred by us that arise out of or in any way are connected with such disputes.
THIRD PARTY RIGHTS
- A person who is not a party to this User Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement, but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
ASSIGNMENT
- You may not assign or transfer any of your rights or obligations under these Terms and Conditions. We may at any time and in our sole discretion assign or transfer any of our rights or obligations under these Terms and Conditions to any member of our group (which means our subsidiaries, our ultimate holding company and its subsidiaries) and/or to any third party in conjunction with the transfer of all or part of our business and assets. We will inform you of any transfer and assignment of a contract, whether in full or in part, on our Sites and/or through an App. By using our Sites or an App, and/or playing our Games on your next visit, you indicate that you accept the transfer and/or assignment.
SEVERANCE
- If any provision (or part of a provision) of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
- If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
YOUR CONCERNS
- If you have any concerns, questions or comments about our Sites, an App, our Games or these Terms and Conditions, contact us at [email protected] or in writing at Aston House, Cornwall Avenue, London, N3 1LF.