1. INTRODUCTION
Yellowtechno Guinee SA Limited is a limited liability company incorporated and existing under the laws of Guinee with company number GN.TCC.2020.B.04281 whose registered office is at Immeuble Kaké et Fils 6A, Camayenne, commune de Dixinn, BP: 1502 (trading as “Yellowbet”) (“Company”, “us”, “we” or “our”).
Company is licensed to accept bets under online Gaming License issued by the Autorite de Regulation du Secteur des Jeux et Pratiques Assimilees (“ARSJPA”) under License Number: REF/05/AUT/ARSJPA/DG/2026. All bets are considered to be placed and received in the jurisdiction of Guinee with the terms of the Gambling Software Operating License.
The Terms of Use, the Betting Rules, Responsible Gaming Policy and the applicable rules relating to the games or products published on the Site or through the Services shall hereinafter be referred to collectively and individually as the “User Agreement”.
The User Agreement is a legal binding agreement between you and the Company and shall apply to your use of the online gambling products and services offered by us through the Site (the “Services” or “Facilities”).
In addition to the Terms of Use, you should also read our Privacy Policy carefully, which sets out how we collect and use your personal information.
2. IMPORTANT NOTICES
PLEASE ENSURE YOU READ CAREFULLY AND UNDERSTAND THE USER AGREEMENT PRIOR TO ACCEPTING THE USER AGREEMENT. IF YOU DO NOT ACCEPT THE USER AGREEMENT, YOU MAY NOT USE, VISIT OR ACCESS ANY PART OF THE SERVICES.
ON THE EARLIER OF YOU MARKING “I ACCEPT THE TERMS AND CONDITIONS AND CONFIRM THAT I AM OVER 18 YEARS OLD” BOX (OR ANY OTHER SIMILAR WORDING), YOU REGISTERING A BETTING ACCOUNT, YOU USING THE SERVICES OR BY DOWNLOADING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE USER AGREEMENT IN ITS ENTIRETY AND WITHOUT RESERVATION.
WE RECOMMEND THAT YOU PRINT THE USER AGREEMENT (AS MAY BE UPDATED FROM TIME TO TIME BY US) AND STORE IT ALONG WITH ALL YOUR CONFIRMATION EMAILS, TRANSACTION DATA, THE RULES RELATING TO THE GAMES OR PRODUCTS PUBLISHED ON THE SITE AND PAYMENT METHODS RELEVANT TO YOUR USE OF THE SITE AND FACILITIES.
YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES IS FOR YOUR OWN PERSONAL AND RECREATIONAL USE.
YOU ACKNOWLEDGE THAT GAMBLING INVOLVES A RISK OF FINANCIAL LOSS AND YOU ACCEPTS SOLE RESPONSIBILITY FOR ANY SUCH LOSSES. THE USE OF THE SERVICES AND THE SITE IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. COMPANY SHALL NOT BE HELD LIABLE FOR ANY RESULTING LOSSES.
3. Definitions and Interpretation
3.1 In the User Agreement the following definitions shall have the respective meanings assigned to them, unless otherwise defined:
“Company”, “us”, “we” or “our” shall have the meaning given to it in Section 1 (INTRODUCTION).
“Betting Account” shall have the meaning given to in Section 6.1.
“Force Majeure Event” means any event beyond our control including without limitation, non-performance by suppliers or subcontractors, acts of God, acts of government, the enactment, amendment or repeal of legislation, explosion, fire, flood or storm damage, earthquakes or other natural disaster, labor disputes, trade disputes, explosion, strikes, industrial action, lockouts, war, riot, pandemic or epidemic.
“Group” means any person directly or indirectly controlling, controlled by, or under common control with the Company. For the purpose of this definition, “control” (including, with correlative meanings, the terms “controlling”, “controlled by” and “under common control with”) means the power to manage or direct the affairs of the person in question, whether by ownership of voting securities, by contract or otherwise.
“Login Details”
shall have the meaning given to in Section 6.8;
Prohibited Activity shall have the meaning given to in Section 17.1.
“Services” or “Facilities”
shall have the meaning given to it in Section 1 (INTRODUCTION).
“Site” means any website and any downloadable mobile or tablet applications which are operated by the Company through which the Company offers the Services and which these Terms of Service are linked to.
Software shall have the meaning given to in Section 11.1.
“Suspicious Betting Activity” means:
(a) where there is an excessive frequency or highly unusual pattern of bets placed on the same selection or selections in a short space of time (when compared with normal betting patterns);
(b) where the theoretical probability of those selection or selections winning at the time of bet or bets placement, based on the odds offered, is largely inconsistent with the theoretical probability of those selections or section winning based on their starting prices;
(c) where the integrity of an event or events has been called into question, including, for example, where one or more of the participants in an event displays exceptional form which we reasonably believe was known to you or someone connected to you prior to the event or events, but was concealed from the public generally in order to gain an unfair advantage with any bets placed;
(d) where you have used unfair external factors or influences connected with the event or events to benefit from the bets or bet placed; or
(e) where there is an excessive frequency or unusual pattern of bets placed on the same selection or selections in a short space of time and where we have reason to believe that the bets are connected.
“Syndicate Betting” means when a group of persons act together for the purposes of placing a bet or series of bets on the same event or market.
“User Agreement” shall have the meaning given to it in Section 1 (INTRODUCTION).
“Verification Checks” shall have the meaning given to in Section 8.1;
“Verification Documents” shall have the meaning given to in Section 8.2;
“you”, “your” or “Customer” means the individual who accepts the User Agreement, registers a Betting Account, uses the services, or who downloads, installs or uses the software, whichever is the earlier.
3.2 The User Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of the User Agreement and the English language version, the meaning of the English language version shall prevail.
3.3 No provision under the User Agreement will be construed against the Company, because the Company (or its legal representatives) was involved in drafting such provision.
3.4 In the User Agreement, the headings are for convenience and will not affect the interpretation of the provisions.
3.5 In the User Agreement any phrase which includes the terms “including”, “include”, “such as”, “in particular” or any similar expression should be understood as illustrative and shall not limit the scope of the words preceding those terms.
3.6 If any provision in a definition in the User Agreement is a substantive provision imposing rights or obligations on any party, notwithstanding that it is only in Section 3 (DEFINITIONS AND INTERPRETATION), effect shall be given to it as if it were a substantive provision in the body of the User Agreement.
3.7 In the User Agreement if the context requires, references to the singular shall include the plural and vice versa.
3.8 In the User Agreement, any phrase which includes the terms “including”, “include”, “such as”, “in particular” or any similar expression should be understood as illustrative and shall not limit the scope of the words preceding those terms.
4. COMPLIANCE WITH LAWS AND ELIGIBILITY
4.1 You understand and accept that the Company is unable to provide you with any legal advice or assurances in respect of your use of the Site and the Services and the Company makes no representations whatsoever as to the legality of the Site and the Services in your jurisdiction. Please verify the relevant laws in your jurisdiction before using the Site and using the Services.
4.2 The Site and the Services are intended only for end-users who are not prohibited by the laws of any applicable jurisdiction from internet gambling. The Company does not intend to enable you to contravene applicable law. You represent, warrant and agree to ensure that your use of the Site, Software and the Services will comply with all applicable laws, statutes and regulations. The Company shall not be responsible for any illegal or unauthorized use of the Site, Software or the Services by you. Please consult legal counsel in the applicable jurisdiction if you have any doubts about the legality of your use of the Site, Software or the Services under the laws of any jurisdiction that applies to you. By accepting the User Agreement, you agree to assist the Company, to the extent you are able, with its compliance with applicable laws and regulations.
4.3 Underage gambling is a criminal offense. You may only register a Betting Account and use the Site and Facilities, if you are a natural person who is at least 18 years of age and it is legal for you to do so according to the laws of Guinee.
4.4 Furthermore, you shall not register a Betting Account and use the Site and Facilities if:
4.4.1 you are under the age of 18;
4.4.2 you are not legally permitted to participate in gambling activities (both online and offline) in Guinee;
4.4.3 you are not located in Guinee;
4.4.4 you are an officer, director or employee of the Company or any of the Group;
4.4.5 you are an: (i) officer, director or employee of a licensor, white label partner, services provider, supplier or other vendor; or (ii) you are a consultant or agent, of the Company or any member of the Group;
4.4.6 you are not acting solely for your own personal use;
4.4.7 you are not acting solely for entertainment purposes;
4.4.8 you have been barred or suspended or excluded (for any reason whatsoever) from participating in gambling activities by any regulatory authority;
4.4.9 you are self-excluded from gambling (for any reason whatsoever) and are otherwise prohibited for any reason from gambling or from using the Site or the Services; or
4.4.10 you already have a Betting Account with us.
4.5 You shall only use the Software, Services if you are physically located in Guinee.
4.6 Any bet placed by you shall be governed by the applicable provisions of national laws of Guinee, as well as any Regulations, Guidelines, or Rules issued by the ARSJPA, as amended from time to time. It is your responsibility to ensure that you are aware of and comply with these provisions.
4.7 You undertake to strictly comply to any policy, guideline or directive issued by the ARSJPA relating to you or to betting generally.
4.8 If for any reason you manage to place a bet from outside Guinee, you are solely responsible for ensuring full compliance with all applicable laws and regulations which includes without limitation exchange control regulations and the laws of the jurisdiction from which the bet originates. For the avoidance of doubt, Company makes no representations or warranties regarding the legality of such transactions and shall not be liable for any failure to remit funds to an account held by you in a foreign jurisdiction.
5. Amending the User Agreement, Services and Software
5.1 We reserve the right to amend the User Agreement from time to time and we will notify you of any such amendment by publishing the new version of the User Agreement on the Sites. It remains your responsibility to ensure that you are aware of the correct, current terms and conditions of the User Agreement. In the event that you do not agree to any amendment to the User Agreement, your sole remedy shall be to terminate your Betting Account in accordance with Section 20.2.
5.2 We reserve the right to make changes to, or modify, correct, suspend, add to, remove from, or discontinue, any aspect of the Services (or any part of them) from time to time without liability to you.
5.3 We reserve the right to make changes to, or modify, correct, suspend, add to, remove from, or discontinue, any aspect of the Software (or any part of it) from time to time without liability to you.
6. Registering an Account
6.1 In order to use the Services you must register an account with us through the Site (“Betting Account”). In order to register your Betting Account, you must complete our Registration Form.
6.2 You may only possess one Betting Account.
6.3 You warrant and represent that all information provided by you in the Registration Form is complete, true, accurate and not misleading in any respect. You further undertake to immediately notify Company in writing at [email protected] of any and all changes in the information provided in the Registration Form and thereafter. Without detracting from the foregoing you must update us immediately with any change of your information that may have bearing on the Betting Account, any identifying or contact details, creditworthiness, legal capacity or continued eligibility as an user of the Site or the Services.
6.4 We are not obliged to accept your application for a Betting Account.
6.5 At the Company’s sole discretion it may:
6.5.1 accept the Registration Form and your application for a Betting Account and in such event we reserve the right to send you a one-time password notification which shall be sent to your phone or email address associated with your Betting Account (please note that that the one-time password may expire after a certain period of time);
6.5.2 decline the Registration Form and your application for a Betting Account (without notice to you); or
6.5.3 cease accepting bets from you at any time (without notice to you).
6.6 In the event that the Company suspects or reasonably determines that:
6.6.1 any information provided by you in the Registration Form is not complete, true, accurate or is misleading;
6.6.2 any information or documentation provided by you following the registration following the registration of your Betting Account is not complete, true, accurate or is misleading; or
6.6.3 any information or documentation provided by you is not provided in the manner (including without limitation in accordance with any timelines) or format requested by the Company or as provided for on the Site or through the Services,
the Company may reject your Registration Form or terminate your Betting Account (if you already have one).
6.7 For the avoidance of doubt there shall be no timeline regarding when the Company may accept the Registration Form or decline the Registration Form.
6.8 If we decide to register a Betting Account for you, you will be required to log in to your account in order to place bets through the Services, using your personalized login details, including a Betting Account number (which shall be the mobile telephone you have provided us with or such other unique identifying number as may be implemented by Company from time to time) and password (selected by you) (collectively and individually “Login Details”).
6.9 You undertake that you shall:
6.9.1 not apply for or hold more than one Betting Account;
6.9.2 not apply for a Betting Account in the name of, or on behalf of, any other person;
6.9.3 use only your Betting Account for the purposes of engaging in lawful betting, and
6.9.4 not permit or enable any other person to place a bet, directly or indirectly, by making use of your Betting Account which includes without limitation by providing to any other person your Betting Account reference number, username or personal identification number as associated with your Betting Account,
without detracting from our other rights and remedies, in the event that you are in breach of any of this Section 6.9, we shall not be liable to honour any transaction pertaining to your Betting Account so held or applied for or to pay out any winnings in respect of any bet placed.
7. The Account
7.1 Your Betting Account is personal to you, and you shall only use your Betting Account solely for your benefit. You shall not allow any third party (including a relative) to use your Betting Account or Login Details.
7.2 You shall be fully responsible for any bets and other activities undertaken on your Betting Account by a third party (whether this was with or without your permission) which includes without limitation to any bets made, withdrawals from your Betting Account and payments made to the Company.
7.3 You will not reveal your Login Details to any person and you shall take all steps to ensure that such details are not revealed to any person. You shall inform us immediately via phone at 8343 (available from 9 a.m. to 8 p.m.) or via email at [email protected] , if:
7.3.1 your Betting Account is being used by a third party;
7.3.2 you suspect or have reason to believe that your Betting Account is being used by a third party;
7.3.3 any third party has access to your Betting Account or your Login Details;
7.3.4 you suspect you suspect or have reason to believe any third party has access to your Betting Account or your Login Details;
7.3.5 your Login Details are lost, stolen or misappropriated; or
7.3.6 you suspect you suspect or have reason to believe that your Login Details are lost, stolen or misappropriated,
so that we may investigate such matter, and you will cooperate with us, as we may request, in the course of such investigation.
7.4 We are not a bank, and you shall not use your Betting Account to hold funds which are not intended to be used for betting through the Services. Funds in your Betting Account do not bear interest and no credit will be offered by us (meaning that all bets must be supported by sufficient cleared funds in your Betting Account).
7.5 If we discover or have reason to believe that you have opened more than one Betting Account, each such additional Betting Account will be classified by us as a “Duplicate Account” and in such event at our discretion:
7.5.1 we may terminate each such Duplicate Account leaving you with only your original Betting Account an; or
7.5.2 we may terminate each such Duplicate Account and your original Betting Account.
7.6 We reserve the right to suspend or terminate your Betting Account if we determine that it is not being used solely for the purpose of betting through the Services. Furthermore, if you, in the sole discretion of the Company, undertake the actions of depositing and withdrawing money without using the betting services and products offered through the Services, the Company may suspend, restrict or terminate your Betting Account and may investigate this activity further.
7.7 We may at any time, prior to a bet being placed by you, limit the amount of winnings (excluding stake) that you will receive if the bet is successful without notice to you. We may also impose additional limits on the bets that you may place without notice to you (for example by limiting: (i) the type or category of bet you may place; (ii) the total amounts you may stake or size of each stake you may place; or (iii) the events you may bet on). We may at any time set or modify such limits without notice to you.
7.8 It is your responsibility to maintain sufficient funds in your Betting Account, and to stake your bets accordingly.
7.9 You accept that there is a risk of losing money when using the Services and you are responsible for any such loss.
7.10 Notwithstanding anything to the contrary herein contained, the Company shall be entitled to set-off any amount(s) due to us by you against any funds in your Betting Account to realize any security held by Company and to use the proceeds towards payment of any amount due by the Customer to Company.
Dormant Accounts
7.11 In the event that you do not (i) make a real money deposit into your Betting Account, or (ii) place a bet, for 90 (ninety) consecutive days then your Betting Account may be considered by us as dormant.
7.12 In the event that your Betting Account is considered by us as dormant then you will forfeit all funds in the dormant Betting Account and we may withhold and retain such funds which you shall forfeit. There is no obligation on us to notify you that your Betting Account is considered by us as dormant and that you have an outstanding balance in the dormant Betting Account. Without derogating from the foregoing, we may attempt to contact you to notify you that you have an outstanding real money balance on your dormant Betting Account.
8. Verification
8.1 You understand and agree that we may at any time (which includes without limitation when you submit your Registration Form, when you make a deposit or withdrawal) and at our sole discretion:
8.1.1 verify your registration details (for example name, address, age, and payment methods used, withdrawal method used) and any other details and information provided by you from time to time;
8.1.2 verify your age;
8.1.3 verify your source of funds, financial standing, occupation and other similar details;
8.1.4 verify your deposits;
8.1.5 verify your withdrawals;
8.1.6 perform background checks on you;
8.1.7 verify that your use of the Site and Services is lawful which includes without limitation to ensure no money laundering and that there is no finance of terrorism;
8.1.8 conduct checks to comply with our legal and regulatory obligations; and
8.1.9 conduct any other background or verification checks that we deem necessary.
(collectively and individually “Verification Checks”).
8.2 In order to conduct the Verification Checks we may at any time request information and documentation from you which may include without limitation your identity number, passport number, email address, identification document, ID Card, driver’s license, proof of residential address, work permit, credit card, asylum permit or refugee permit utility bills (which may include without limitation from a municipality or council) and bank statement (collectively and individually the “Verification Documents”).
8.3 Where any of the Verification Documents are provided to us (whether via uploading on the Site or by e-mail), such documents are required to:
8.3.1 be current and not expired;
8.3.2 be fully and clearly legible and with respect to any identification document (for example passport or ID card) contain a clear photograph of the bearer, the full name of the bearer, the date of birth of the bearer and identity number of the bearer;
8.3.3 contain the front and back of such document if requested by us;
8.3.4 if a work permit, asylum permit or refugee permit is provided such permit must contain a clear photograph of the bearer and the bearer’s full name;
8.3.5 if a utility bill, proof of address or any other similar document to the foregoing is provided it must be dated no more than three months prior to our receipt of such document;
8.3.6 if it relates to a bank document in the case of mortgaged property such bank document must be dated no more than three months prior to our receipt of such document;
8.3.7 bank account details which must be dated no more than three months prior to our receipt of such document;
8.4 If we deem it necessary, we may request that the Verification Documents are certified by a lawyer declaring that said document is a true copy of the original, which they have seen or are notarized by a Public Notary.
8.5 We reserve the right to restrict or place limits on your Betting Account including without limitation suspending your Betting Account, suspending your access to the Services, suspend or limit your ability to make any bets, limiting the amount you may deposit or withdraw into the account, until we have received all of the documentation and information to our satisfaction, based on the information and documentation you provide, or if such information and documentation is not provided by you. We shall not be liable to you for any losses which you incur prior to any such restriction or limitation being set.
8.6 The Company is under no obligation to advise you that the Verification Checks are being conducted.
8.7 In order to undertake our Verification Checks we may use third parties (and provide the documentation information which you have provided to such third parties), which includes without limitation identity verification agencies, screening agencies, cellular network providers, financial institutions, credit bureaus, or national or provincial governmental agencies or statutory bodies, who perform the investigations as required.
8.8 Company is legally obliged to make reports to ARSJPA in the event of:
8.8.1 Suspicious or unusual transactions;
8.8.2 transactions entered into by persons suspected of intending to commit, or having committed, any offence related to money laundering or terrorist financing as defined under Law L/2021/0024/AN of 17 August 2021 on Anti-Money Laundering and Counter-Financing of Terrorism (AML/CFT) and any related regulations in force in Guinee.
9. EVENTS AND CONTINGENCIES ON WHICH BETTING IS OFFERED
9.1 The Company shall, in its sole discretion, determine the games markets, events or contingencies on which betting shall be offered by it through the Services; provided that:
9.1.1 multiple bets are not accepted where the outcome of one part of the bet contributes towards the outcome of another. If you inadvertently or deliberately back a related contingency in a multiple bet, the bet will be voided and the stake returned;
9.1.2 any multiple bets made up of more than one selection, where the outcome of one selection affects the outcome of another selection, will be deemed to be a related contingency, (e.g. Chelsea to win the semi-final is selected combined with another selection which is Chelsea to win the Tournament) and the bet will be voided and the stake returned, and;
9.1.3 any multiple bets involving the same team or its players or the same selection will be deemed to be a related contingency (e.g. Bruno Fernandes to be Man of the Match and Manchester United to win the match.) and the bet will be voided and the stake returned.
9.2 No person who in any manner participates in an event on which betting is offered by Company may place a bet on any such event with Company, this includes without limitation:(a) any athlete, player, competitor or participant in the event; (b) any coach, trainer, manager, team official, or support staff associated with any team or individual competing in the event; (c) any match official, referee, umpire, judge, or other person officiating the event; (d) any person with access to non-public information that could reasonably be expected to affect the outcome of the event; (e) any person who has the ability to influence the outcome of the event through their role or position; and (f) any immediate family member or close associate of persons listed in (a) through (e) above. For the avoidance of doubt, this prohibition applies to betting on any aspect of the event, including but not limited to the final result, individual performances, disciplinary matters, or any other market related to the event.
9.3 The Company may from time to time determine a minimum or maximum amount that may be staked as a bet in respect of any market, whether in general or specifically to you.
9.4 The Company may determine minimum or maximum amounts that you may win or lose in respect of a bet, whether in general which shall be made available to you on the Site or the Services or specifically to you. It shall be your responsibility to check and be aware before placing a bet on a market as to whether such maximum or minimum is applicable to such bet.
9.5 The Company may, in its sole discretion, from time to time offer the opportunity to Customers to place bets during the course of a certain event (“bets in-running”), provided that:
9.6 the Company will not accept bets in-running in respect of an event that forms part of a series of events over a period of time
9.7 The nature and extent of any spreads offered by the Company shall be determined from time to time at the sole discretion of the Company and shall be made available to you on the Site or the Services, and it shall be your responsibility to check and be aware, before placing a bet, what the ruling spread is.
9.8 The results of any match will be decided with reference to the official match results of the league or tournament in question. Should such results be changed for any reason, the updated result will be recognised for the purposes of payment.
9.9 Duplicate Tickets: Duplicate tickets or identical bets from the same person or Betting Account cannot win more than the maximum payout for a single ticket 350,000,000 GNF. This means that if identical or similar bets are placed from the same person or Betting Account, their combined winnings cannot exceed the maximum payout 350,000,000 GNF per single ticket specified by us.
All duplicate tickets or bets whose total winnings exceed the maximum payout per single ticket 350,000,000 GNF will be voided.
10. Placement of Bets
10.1 We are entitled to decline to accept all, or part, of any bet requested by you via the Services in our discretion. Furthermore, we are not obliged to tell you that we have declined to accept all, or part, of any bet or why we have declined to accept all, or part, of any bet.
10.2 Subject to Section 10.1, your bet is only considered valid and accepted by the Company when: (i) the bet is accepted by our server; and (ii) your real money balance or bonus balance in your Betting Account (as applicable) has been reduced by the amount of such bet. Until the foregoing has occurred all communications to you are non-binding on the Company, and any information displayed on the Site or through the Services constitutes an invitation to bet only.
10.3 USSD Betting and Acceptance of Odds Changes
Where you place a bet using the USSD service, the submission of the bet constitutes your automatic and irrevocable acceptance of any change in odds (whether an increase or decrease) occurring between the time of selection and the time the bet is processed and accepted by our server. The odds applicable at the time of processing/acceptance shall apply and shall be binding on you.
10.4 We do not accept responsibility for a bet not being placed for any reason.
10.5 You shall only place bets through the Services if you are physically located in Guinee.
10.6 Each electronic or other communication relating to any bet placed may be recorded by the Company in such manner as we deem fit and we may retain such records for as long as we deem necessary You authorize and consent to such recording and retention. You acknowledge and agree that such records may be used by us for the investigation and resolution of disputes which may arise between the Company and you and for any other lawful purpose.
10.7 It is your responsibility to ensure the details of your bets are correct and you shall not cancel a bet.
10.8 Any bet accepted after the “off” or starting time of the event on which such bet is struck (other than bets in-running) shall be null and void and of no force or effect. Any bets taken on results already known at the time of the placement of such bets will be voided/cancelled by Company.
10.9 Football Bets:
10.9.1 Occasionally, tournaments, friendlies, or other matches may have time frames different than two 45 minute halves. It is always your responsibility to check and be aware of the most up to date the details and length of each match. We reserve the right to void any bet placed in relation tournaments, friendlies, or other matches, which are not two halves of 45 minutes and the related stake shall be returned to you. If a referee declares a game abandoned for any reason, bets will be void and stakes returned.
10.9.2 in cases where we fail to find a definitive result to any given market and we will always pay as a winning bet with the odds of 1.00.
11. Intellectual Property Rights
11.1 In order for you to use the Services or certain aspects of the Services, you may need to download software (the “Software”).
11.2 We grant you from the opening of your Betting Account until its termination, a personal non-exclusive, non-transferable, non-sub-licensable license to use the Services and install and use the Software and all content and information derived from the Software, Site and the Services, including, but not limited to, the copyright and all other intellectual property rights therein, in connection with the Services for your personal and non-commercial use in accordance with the User Agreement.
11.3 The Software’s code, structure and organization as well as the Site and the Services are protected by intellectual property rights. You must not:
11.3.1 copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code of the Software (or any part thereof);
11.3.2 copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or create derivatives of the Site or the Services (or any part thereof) make any attempt to access the source code to create derivate works of the source code, or otherwise
11.3.3 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;
11.3.4 enter, access or attempt to enter or access or otherwise bypass our security system or interfere in any way (including, but not limited to, robots or similar devices) with the relevant products or the Services or attempt to make any changes to the Software or any features or components thereof;
11.3.5 sell, assign, sublicense, transfer, distribute or lease the Site, Services or the Software (or any part thereof);
11.3.6 make the Software, Site and Services (or any part thereof) available to any third party;
11.3.7 export the Software to any country (whether by physical or electronic means); or
11.3.8 use the Software, Site or the Services (or any part thereof) in a manner prohibited by applicable laws or regulations.
11.4 We are the owner or the authorised user, licensee or sub-licensee of all the intellectual property rights in the Software, Services and the Site and the content provided therein including, without limitation, any copyright, patent, designs (registered or unregistered), trademarks, tradenames, logos, tradenames, service marks, images, pictures, graphics, photographs, animations, videos, music, audio, text, specifications, templates, graphics, logos or any right in respect of content, databases, formats, interfaces and programming (collectively and individually the “Content”).
11.5 The Content is protected by copyright and other intellectual property rights. You hereby acknowledge that by using the Site, Services or the Software you obtain no rights in the Content and you may only use the same in complete accordance with the User Agreement.
12. Depositing Into Your Betting Account
12.1 To participate in any real-money bets via the Services, you must deposit real money into your Betting Account.
12.2 Once your Betting Account has been registered, you can deposit real money funds into your Betting Account in any manner which we may permit, from time to time, which may include:
Credit or Debit Card;
Electronic Funds Transfer (EFT);
Payment Vouchers
Direct Bank Transfer
Company Bucks Vouchers
Third Party e-wallets
12.3 We are entitled to withdraw or restrict certain payment/deposit methods at any time without notice or liability to you.
12.4 We reserve the right in our absolute and sole discretion to refuse any type of deposit for any reason, regardless of whether previous deposits have been processed to or from a particular method, or if that payment method is usually accepted by us.
12.5 In the event that we accept deposits by Credit or Debit Card, it is your responsibility to retain a copy of transaction records and relevant card merchant policies and rules.
12.6 Should your deposit funds by means of a credit card or debit card, you shall be required to send Company a copy of the front of the card against which such deposit has been made. Failure by the Customer to do this will result in a failed withdrawal request and we reserve the right to terminate your Betting Account.
12.7 Furthermore, if we accept deposits by Credit, Debit Card or Electronic Funds Transfer, the name on the credit and debit card and the name associated with your bank account must match the name associated with your Betting Account. Without derogating from the aforementioned, should you use a Credit/Debit Card or an Electronic Funds Transfer which is not in your private and personal name, we will presume that you have received complete and sufficient consent from the rightful owner or the person whom name is used on such payment instrument to make use of such payment instrument for the purposes. We shall not be obligated in any manner to examine such consent and shall bear no responsibility with respect to your representations hereunder. We reserve the right to suspend or terminate your Betting Account in the event that, the name on the credit and debit card and the name associated with your bank account do not match the name associated with your Betting Account.
12.8 Unless otherwise stated herein: (i) the maximum and minimum deposit amount; (ii) the currencies we accept for deposits; and (iii) any fees we charge with respect to deposits., will be made available to you on the Site or the Services. Please note that that the mobile network operator may have its own terms and conditions which apply to your deposits.
12.9 In the event that we accept deposits by direct bank transfer:
12.9.1 a minimum deposit value of 2000 GNF shall apply; provided that should you make a deposit of less than 2000 GNF you may be required to make an additional deposit to make up the difference in the value of the deposit before your Betting Account is credited with the full value of the deposited funds;
12.9.2 the processing time for any such transfer may be 2 – 3 business days;
12.9.3 if we incur any bank charges we shall deduct such charges from your deposit, and the amount deposited in your Betting Account will be the deposit sent minus such bank charges.
12.10 In the event that we accept deposits by Payment Vouchers, unless otherwise permitted by Company, the total amount of the Payment Voucher must be played through in full, and no winnings can be withdrawn from your Betting Account until this has occurred; and (ii) no Payment Voucher may be redeemed, refunded or otherwise exchanged for real money at any time.
12.11 In the event we accept deposits by Company Bucks Vouchers the following shall apply:
12.11.1 the full value of the Company Bucks Voucher must be redeemed through the Services at one time;
12.11.2 The full value of the Company Bucks Voucher must be played through on the Services. You can only process a withdrawal once this has occurred;
12.11.3 The Company Bucks Vouchers may not be sold, refunded or exchanged;
12.11.4 It remains your sole responsibility to keep the redemption code in respect of the Company Bucks Vouchers safe until it has been redeemed;
12.11.5 Company will not be liable in any way whatsoever nor responsible for any lost/destroyed/stolen/expired or otherwise unused redemption codes in relation to the Company Bucks Voucher; and
12.11.6 the Company Bucks Voucher must be utilized on the Site within 3 (three) years of purchase, failing which, it will expire.
12.12 You acknowledge and agree that any deposit made by you into your Betting Account, will be held as security for any amount which is owed by you to the Company and we reserve the right to use such funds to settle any payment owed from you to us.
12.13 You may only bet up to the amount of cleared real money funds held in your Betting Account. This means that if you want to make bets using real money via your Betting Account, you must deposit real money funds into your Betting Account.
12.14 No dispute of whatever nature between you and the debit/credit card company or third-party payment provider shall exempt you from your liability to us in respect of any payment.
12.15 We shall not be liable to you under any circumstances if your debit/credit card company or third-party payment provider or payment instrument which includes without limitation any mobile network operator refuses to honour any claim lodged by Company. In such event, the liability shall rest with the debit/credit card company, payment instrument or third-party payment provider (as applicable).
12.16 No dispute of whatever nature between you and the debit/credit card company, third party payment provider or payment instrument shall exempt the you from your liability to Company in respect of payment which is due to the Company and the Customer shall not be entitled to instruct Company to reverse a payment instruction that has already been made to the Customer’s debit/credit card company, third party payment provider or payment instrument.
12.17 We shall not be responsible for:
12.17.1 any failure, malfunction or delay of any electronic funds transfer unit or other credit card processing machine or its supporting or sharing network and any damages, loss or expense which the Customer may suffer as a result thereof;
12.17.2 for any loss or damage suffered by the Customer as a result of the unauthorized access to any data or as a result of incorrect information supplied through an electronic funds transfer unit or other credit card processing machine or its supporting or sharing network.
12.18 You shall not reverse a payment instruction to us that you have made to your payment method which includes without limitation to your debit/credit card company or third-party payment provider.
12.19 You shall under no circumstances place a bet or attempt to place any bet the amount of which, calculated together with any other bets which at that point in time have not been settled by us, exceeds your available credit balance with Company, Your available credit balance is calculated as the net amount on deposit with Company (after all adjustments in respect of taxes, fees, deductions, winnings and losses up to the time of placing of the bet). It is your responsibility before placing a bet to determine whether placing your bet will exceed the available credit balance in your Betting Account.
12.20 If you wish to query any deposit, you can contact [email protected] . We may amongst other things require you to provide:
12.20.1 The date of the payment;
12.20.2 The amount deposited;
12.20.3 The reference number used, and
12.20.4 The account number of the Betting Account into which the deposit was made.
13. Withdrawing From Your Account
13.1 Once your Betting Account has been registered, you can withdraw real money funds into your Betting Account in any manner which we may permit, from time to time,
13.2 On receipt of a withdrawal request, Company reserves the right to:
13.2.1 perform Verification Checks;
13.2.2 perform such investigation as may be required to confirm that the amount requested for the withdrawal, after effecting all deductions or adjustments which may be required, is available to be transferred from your Betting Account to the banking account nominated by you. If the requested withdrawal amount is not available for withdrawal, we reserve the right (but have no obligation) to inform you in such manner as Company may deem fit, that the withdrawal request has been declined; and
13.2.3 immediately reduce the balance in your Betting Account by the amount withdrawn.
13.3 Furthermore, you may withdraw any cleared real money balance in your Betting Account at any time, provided that:
13.3.1 all payments made into your Betting Account have been confirmed as cleared and have not been charged-back, reversed or otherwise cancelled;
13.3.2 we have completed our Verification Checks to our satisfaction. Where we have requested information from you to carry out these Verification Checks, any delay in providing this information may cause a delay when withdrawing funds;
13.3.3 we are not required to withhold payments of your deposit or winnings by applicable law or regulation or we have not been instructed to do so by a regulator;
13.3.4 there is currently no ongoing, or completed (save where completed and decided in your favor), investigation: into an Error or Malfunction involving any aspect of the Site or Services which you have used; and or
13.3.5 where we have no reasonable grounds to believe you have engaged in a Prohibited Activity,
13.4 In the event that the requested amount for withdrawal is available for withdrawal from your Betting Account and subject to this Section 13, within 72 hours of confirming the availability of the amount, we will process the withdrawal to your account whether by bank transfer or through mobile money, as applicable; provided that, for the purposes of this Section 13.4, we shall be deemed to have fully complied with our obligation to effect such transfer at the time of giving the instruction to our bank or payment provider (as applicable) to effect such transfer and the 72-hour period contemplated in this Section 13.4 shall not include such further period as may elapse before the requested amount is made available to you.
13.5 Withdrawals may require multiple transactions over a number of days, based on payment provider limitations.
13.6 Withdrawal requests may not, in the sole discretion of the Company, be processed where you have requested payment to be made into a bank which is not in your name.
13.7 Amounts that may be withdrawn by you, can be withdrawn by selecting the function “Withdrawal” on the Site. You will be prompted to populate a series of fields displayed with the identifying details of the account into which payment is requested to be made.
13.8 You shall be solely responsible for ensuring the accuracy of the information supplied in a withdrawal request, we shall accept no liability whatsoever for any errors made in this regard.
13.9 Furthermore, we accept no liability whatsoever for withdrawals processed from your Betting Account, howsoever arising, and you agree and acknowledge that you will have no claim for any loss against Company in respect of any withdrawal processed from your Betting Account, including but not limited to, circumstances where your log-in credentials have been compromised in any way.
13.10 We may apply charges to your withdrawal and you be informed of any such charges upon request of any such withdrawal.
13.11 If you have deposited funds via credit card or Instant EFT, and if Company, at its sole discretion, permits you to request a withdrawal to be paid into a credit card or cheque account, Company may request copies of both the front and back side of the ID card or /passport, all at Company’s discretion.
13.12 Any withdrawal requested by you may be withheld or delayed by Company pending your payment to the Company of all monies owed to the Company by you.
13.13 If the amount of a deposit made by you is not played through in full on the Services prior to a withdrawal being requested by you, the Company reserves the right, in its sole discretion, to levy a withdrawal fee on the portion of the deposit that was not used for wagering. The withdrawal fee covers for all reasonable processing costs incurred by the Company relating to both the relevant deposit and subsequent withdrawal. However, at our discretion the value of the withdrawal requested by you may be reduced accordingly by the amount of such fee, or we may require that you wager the deposit value in full prior to processing a withdrawal.
13.14 We don’t impose a maximum withdrawal amount per day but we may impose a maximum limit per withdrawal which will be made available to you through the Site or the Services, however some withdrawal methods (for example a mobile network operator) may carry their own maximum per-transaction limits or maximum per day withdrawal limits, it is solely your responsibility to be aware of such transaction limits.
13.15 Where we suffer substantial losses due to sports results which are unfavorable to the Company, the withdrawal process may be subject to delay. In such instances, we reserve the right to extend the standard withdrawal time frame. You will be informed about the delay and provided with a revised schedule for payment of tour withdrawals.
14. Incorrect Crediting of Funds and the Recovery of Amounts Due To The Company As A Result Of The Company Mistakenly Accepting A Bet
Incorrect Crediting of Funds
14.1 In the event we mistakenly credit your Betting Account with funds you agree that:
14.1.1 you shall immediately notify us as soon as you become aware of any such mistake by contacting [email protected] .
14.1.2 you agree to hold such amount on trust for the Company and you shall not withdraw such amount from your Betting Account
14.2 In the event we mistakenly credit your Betting Account with funds, we may take one or more of the following actions:
14.2.1 we may at any time reduce the real money funds in your Betting Account by the amount that has mistakenly been credited to your Betting Account and if the funds in your Betting Account do not fully cover amount mistakenly credited, you agree that you shall pay us the outstanding amount on our written demand in the manner we require and you shall immediately pay us such amount;
14.2.2 we may demand that you pay to us the amount mistakenly credit to your Betting Account and you shall within three business days pay us such amount in the manner we require;
14.2.3 if we request you shall provide us within three business days with written authorization, in such format as we shall require, for the recovery by us of the relevant amount from the Customer’s credit card company;
14.2.4 we may void such bet (and we cannot be held liable for any losses sustained by the Customer in consequence thereof); and
14.2.5 unless we notify you otherwise, any bets placed by you after your Betting Account is mistakenly credited with funds shall be void. Once we have received the applicable amount in full, you shall be able to place bets again.
14.3 Acceptance by Company of a bet over the amount of the available credit balance in your Betting Account shall not constitute a waiver of our rights: (i) to collect from you all amounts (including losses) arising from any such bet which includes without limitation by deducting such amounts in future from your Betting Account; or (ii) to enforce the appropriate limits at any later time. In the event that (i) shall apply, if we request, you shall pay all amounts owed to us immediately on our written demand and in the manner we require.
14.4 For the avoidance of doubt, notwithstanding anything to the contrary in the User Agreement Company may at its own discretion from time to time determine the manner in which payments by the Customer to Company shall be appropriated in respect of amounts owing by the Customer to Company.
15. Recovery of Amounts Due
15.1 Company shall be entitled to recover amounts which are owed by the Customer in any of the following circumstances (but without limitation to same):
15.1.1 if there is a debit balance in the Betting Account owing to the erroneous acceptance of a bet in excess of the limit reflected in the Betting Account;
15.1.2 if Company has in error credited a Customer’s Account through incorrect bet settlement and the Customer has spent all or part of the incorrectly credited amount;
15.1.3 if Company has incorrectly allocated funds to the Betting Account and the Customer has spent all or part of the incorrectly allocated amount; or
15.1.4 If you place a bet which breaches the User Agreement, and such bet is subsequently adjusted so that the Customer has spent all or part of the adjusted balance, resulting in a negative Betting Account balance.
15.2 In the event of a debit balance arising in your Betting Account as a result of our acceptance of a bet in excess of your available real money credit balance, you agree that:
15.2.1 we may at any time reduce the real money funds in your Betting Account by the amount that has mistakenly been credited to your Betting Account and if the funds in your Betting Account do not fully cover amount mistakenly credited, you agree that you shall pay us the outstanding amount on our written demand and in the manner we require;
15.2.2 we may demand that you pay to us the amount mistakenly credit to your Betting Account and you shall immediately pay us such amount in the manner we require; or
15.2.3 immediately following our request to you, shall provide us with written authorization in such format we require, for the recovery by Company of the relevant amount from the your credit card company and you shall provide us with all the assistance we require in this regard.
15.2.4 If you place a bet which breaches the User Agreement, and such bet is subsequently adjusted so that the Customer has spent all or part of the adjusted balance, resulting in a negative Betting Account balance:
15.2.5 we may at any time reduce the real money funds in your Betting Account by the amount that has mistakenly been credited to your Betting Account and if the funds in your Betting Account do not fully cover amount mistakenly credited, you agree that you shall pay us the outstanding amount on our written demand and in the manner we require;
15.2.5.1 we may demand that you pay to us the amount mistakenly credit to your Betting Account and you shall immediately pay us such amount and in the manner we require; or
15.2.5.2 immediately following our request to you, shall provide us with written authorization in such format we require, for the recovery by Company of the relevant amount from the your credit card company and you shall provide us with all the assistance we require in this regard.
16. Promotions, Bonuses and Offers
16.1 We may offer certain bonuses, offers and promotions from time to time via the Services (each a “Bonus” and together “Bonuses”).
16.2 All Bonuses are limited to one per person.
16.3 All Bonuses are subject to promotion-specific terms and conditions and any complimentary Bonus credited to your Betting Account must be used in adherence with such terms and conditions. Notwithstanding the modification provisions in the Terms of Use, we reserve the right to withdraw or amend any Bonus at any time including any terms and conditions thereof.
16.4 In the event that the Company has reasonable suspicion that you are abusing or attempting to abuse a bonus, offer or other promotion, or is likely to benefit through abuse or lack of good faith from a gambling policy adopted by the Company, then the Company may, at its sole discretion, deny, withhold or withdraw from you any Bonus, offer or promotion, or rescind any policy with respect to you, either temporarily or permanently, or terminate your Betting Account.
16.5 The terms and conditions below govern your participation in any “Free Bet” or “Free Ticket” promotions offered by the Company. If you do not agree with the terms and conditions below and the User Agreement you should not accept or use any “Free Bet” or “Free Ticket” offered or provided by us:
16.5.1 The Company may, from time to time, offer bonus promotions that include “Free Bets.” Any Free Bet for which you qualify will be credited to your Free Bet balance in your Betting Account and may only be used to place wagers. Free Bets cannot be withdrawn, transferred, substituted, or exchanged.
16.5.2 The Company may also offer bonus promotions that include “Free Tickets.” Any Free Ticket for which you qualify will be credited to your Free Ticket balance in your Betting Account and may only be used to place wagers on Jackpot and Bonanza coupons. Free Tickets cannot be withdrawn, transferred, substituted, or exchanged.
16.5.3 Any available Free Bet balance cannot be withdrawn.
16.5.4 Free Bets and Free Tickets may only be used for wagering purposes and cannot be converted into real money or any other form of value.
16.5.5 The User Agreement applies to all interactions which includes without limitation this Section 16.5. In the event of any conflict, the rest of the User Agreement shall prevail over this Section 16.5.
16.5.6 A Free Bet is available for a maximum of 180 days after being credited to your Betting Account. If not used, your Free Bet will automatically expire after 180 days and will be removed from your Betting Account, unless otherwise specified in the relevant promotion-specific terms and conditions.
16.5.7 A Free Ticket remains valid only while the associated coupon is open.
16.5.8 A Free Bet must be used in full as a single wager, which may include single or multiple selections.
16.5.9 If the Free Bet is placed on a selection which is voided the original Free Bet amount will be returned to your Betting Account.
16.5.10 If the Free Ticket Is place on a coupon which is voided or cancelled, the Free Ticket will not be returned to your Betting Account. The Company may, at its sole discretion, issue a replacement Free Ticket.
16.5.11 Free Bets and Free Tickets are non-refundable. The stake amount of a Free Bet is not included in any winnings; only net winnings will be credited to your Betting Account. By way of example only: If you place a GNF 4 Free Bet at odds of 2.0, the total return would be GNF 8. Since the GNF 2 stake is a Free Bet, only GNF 6 (the winnings) will be credited to your Betting Account.
16.5.12 The maximum return on any Free Bet is calculated per campaign accordingly.
16.5.13 The maximum return on a Free Ticket is limited to the maximum potential return of the coupon on which it is placed.
16.5.14 Any Free Bet balance will be forfeited upon withdrawal.
16.5.15 Prior to processing withdrawals, the Company will review gameplay for irregular betting patterns. Placing equal, zero-margin, or hedge bets using a combination of Free Bets and real money on the same event may be deemed irregular play. The Company reserves the right to withhold withdrawals or confiscate winnings in such cases.
16.5.16 Your total Betting Account Balance consists of a real money funds balance, a Free Bet balance and a Free Ticket Balance. Withdrawals cannot be made from the Free Bet and Free Ticket balance.
17. Prohibited Activity
17.1 If we reasonably believe or suspect or we determine that you are engaging in or have engaged in any fraudulent, dishonest or any criminal act or unlawful activity or conducted any prohibited transaction (including money laundering) under the laws of any applicable jurisdiction (“Prohibited Activity”), we may at our discretion take any or all of the actions detailed in Sections 17.3 and 17.4.
17.2 The following are some examples of Prohibited Activity:
17.2.1 where the source of funds used by you for gambling through the Services are illegal or where you use the Services in any way as a money transfer system or where we reasonably suspect that you may be engaging in money laundering activities, including use of the proceeds of crime;
17.2.2 participating in or attempting to participate in Syndicate Betting;
17.2.3 if you use the Services or the Site other than for your personal and recreational use;
17.2.4 breaking into, hacking, accessing or attempting to break into, hack or access or otherwise circumvent our security measures or systems, which includes but is not limited to circumventing our systems to use the Services when you have opted out from receiving our Services;
17.2.5 If you have engaged or you engage in any fraud or attempt to defraud;
17.2.6 you engage in or have engaged in any form of cheating;
17.2.7 intentionally disconnecting from a game while playing on the Services;
17.2.8 you are using or have used have the Site or the Services in a fraudulent manner;
17.2.9 you are using or have used have the Site or the Services for illegal or unlawful purposes;
17.2.10 you are engaging in or have engaged in a betting strategy that exploits differences in odds between different sportsbooks, or that involves placing bets on all possible outcomes of an event, in either case in order to guarantee a profit regardless of the outcome of the event;
17.2.11 you have used or are using the Services in an unfair manner, including but not limited to if you have cheated, colluded, or taken unfair advantage of us, the Services, or any other user of the Services;
17.2.12 you have engaged in or engage in any Suspicious Betting Activity;
17.2.13 you have used or you are using or attempting to use a VPN or similar software or technology to disguise your location;
17.2.14 if we have received a “charge back”, “denial” or “reversal” with respect to a deposit which you have made or attempted to make;
17.2.15 if you misuse any Bonuses, including if we discover or have reason to believe that you are taking unfair advantage of, or are exploiting or manipulating, any Bonuses or you otherwise breach the Bonus terms and conditions;
17.2.16 if you provide incorrect, incomplete, or misleading information while registering for a Betting Account or afterwards;
17.2.17 if you place a bet on the outcome of an event or process or on the likelihood of anything occurring or not occurring, and we discover or have reason to believe that you know the outcome of that event;
17.2.18 you are misusing non-public information to place a bet;
17.2.19 the misuse or abuse by you or any person acting in concert with or on your behalf, of bugs, glitches, or errors of the Services, Software or the Site;
17.2.20 you are using or have used automated systems or software to copy or extract the whole or any part of the Services or the Site, any information or data on the Services or the Site or any part of it (including, but not limited to, results, statistics, sporting data and fixture lists, odds and betting figures), or any other information or data on or contained within or as part of the Services or its source code (sometimes referred to as ‘screen scraping’ or ‘scraping’);
17.2.21 you make or have attempted to make commercial use of the whole or any part of the Services or the Site, the information or data on the Services or Site (including, but not limited to, results, statistics, sporting data and fixture lists, odds and betting figures), or any other information or data on the Services or its source code;
17.2.22 you are prohibited from engaging in betting by any term of your employment contract, any law or any rule of a sporting governing body applicable to you;
17.2.23 if you have used or attempted to use any third party external player or betting assistance programs or software including (without limitation) the use of artificial intelligence, automated bots software;
17.2.24 you have in any way interfered, interrupted, or manipulated the operation of the Services or the normal running of any of the Services; and
17.2.25 you have exploited a fault, loophole or error in the Services or in our or any third party’s software.
17.3 If we reasonably believe or we determine that you are engaging in or have engaged in any Prohibited Activity we may at our discretion take one or more of the following actions:
17.3.1 terminate your Betting Account;
17.3.2 investigate such Prohibited Activity and we reserve the right to withhold payment during the period of investigation;
17.3.3 void your bets which relate to the Prohibited Activity;
17.3.4 void all of your bets;
17.3.5 suspend your Betting Account;
17.3.6 suspend your withdrawals;
17.3.7 terminate any bets which have not been settled;
17.3.8 refuse to accept any bets made by you;
17.3.9 we may inform relevant authorities, other online service providers and banks, as well as card companies, electronic payment providers or other financial institutions of your identity and of any Prohibited Activity by you and you will cooperate fully with us to investigate any such activity;
17.3.10 withhold all payments to you;
17.3.11 recover any winnings from you that we believe are related to the Prohibited Activity.
17.4 In addition, and without detracting from Section 17.3, if we reasonably believe or we determine that you are engaging in or have engaged in any Prohibited Activity, with respect to any winnings arising from such Prohibited Activity:
17.4.1 the Company may deduct the winnings from your Betting Account if the funds in your Betting Account do not fully cover the deduction of winnings, you agree that you shall pay us the outstanding amount on our written demand and in the manner we require; or
17.4.2 you agree that you shall pay an amount equal to such winnings on our written demand and in the manner we require.
18. Rules
18.1 With respect to any applicable rules relating to the games or products offered through the Service which are published on the Site or through the Services (the “Rules”), it is your responsibility to ensure that you have read the applicable Rules in full and that you understand them prior to placing a bet on the relevant game or product.
18.2 In all sports, bets are settled on the results published by our sports product supplier. In the event that our sports product supplier does not provide a result for the relevant bet then we will wait to settle such bet until there is agreement in the general market as to the result which affects such bet.
19. TAXES AND LEVIES
19.1 All winning bets are subject to taxes and levies in accordance with applicable legislation in Guinee. Where required, Company shall retain any applicable taxes and levies from the winnings and remit them to the General Directorate of Taxes ( Direction Générale des Impôts DGI ) on your behalf.
19.2 If no withholding tax is applicable, winnings shall be paid to you in full.
20. Termination of Your Betting Account
20.1 In addition to the other termination provisions contained in the User Agreement, we may terminate your Betting Account immediately without notice to you:
20.1.1 if for any reason we decide to discontinue to provide the Services in general or specifically to you, or for any other reason at our convenience;
20.1.2 if you are in breach of the User Agreement;
20.1.3 due to regulatory reasons, legal reasons or an order of a court;
20.1.4 if your Betting Account is associated in any way with any existing account that has been terminated for breach of the User Agreement; or
20.1.5 for any other reasonable grounds we see fit.
20.2 If you wish to close your Betting Account, please contact us at 8343 or via e-mail at [email protected] , such termination to take effect upon the Company terminating your Betting Account.
20.3 You shall remain responsible for any activity on your Betting Account until the termination of your Betting Account by the Company.
20.4 In the event that your Betting Account is terminated for whatever reason:
20.4.1 you shall immediately discontinue using the Site and the Services;
20.4.2 all licenses granted to you in the User Agreement shall immediately terminate;
20.4.3 all open bets will be voided by us;
20.4.4 the User Agreement shall immediately terminate;
20.4.5 any amounts owed by you to us become immediately due and payable; and
20.4.6 all Bonuses granted to you will be voided by us.
20.5 In the event that you close your Betting Account under Section 20.2 or your Betting Account is terminated by us under Section 20.1.1, we will refund the real money balance in your Betting Account subject to our right to: (i) deduct any amounts which are owed to us (including without limitation any losses); (ii) deduct any taxes, levies and withholdings that we are required to make; (iii) handle any Error or Malfunction in accordance with Sections 24.3, 24.5, 24.9 or 24.11 (as applicable); (iv) handle any voided bets in accordance with Section 25; (v) handle any amounts incorrectly credited to your Betting Account in accordance with Section 14; and (v) recover any amounts due to us in accordance with Section 15, within a reasonable period of time following termination of your Betting Account. If following the foregoing, your Betting Account has a negative real money balance, we may demand that you pay to us the amount of the negative real money balance and you shall immediately pay us such amount and in the manner we require.
20.6 In the event that your Betting Account is terminated in accordance with Sections 20.1.2-20.1.5 or under Sections 6.6, 7.5.2, 7.6, 12.6, 12.7, 16.4 or 17.3.1, at our discretion we may either: (a) withhold and retain real money funds in your Betting Account which you shall forfeit (including without limitation in any Duplicate Accounts); or (b) we will refund the real money balance in your Betting Account subject to our right to (including without limitation in any Duplicate Accounts): (i) deduct any amounts which are owed to us (including without limitation any losses); (ii) deduct any taxes, levies and withholdings that we are required to make; (iii) handle any Error or Malfunction in accordance with Sections 24.3, 24.5, 24.9 or 24.11 (as applicable); (iv) handle any voided bets in accordance with Section 25; (v) handle any amounts incorrectly credited to your Betting Account in accordance with Section 14; and (v) recover any amounts due to us in accordance with Section 15; and (viii) withhold and retain any funds in your Betting Account which in any way relate to your breach of the User Agreement, the reason for termination of the User Agreement or any Prohibited Activity which you shall forfeit. If following the foregoing your Betting Account has a negative real money balance, we may demand that you pay to us the amount of the negative real money balance and you shall immediately pay us such amount and in the manner we require.
20.7 For the avoidance of doubt, any Bonuses credited to your Betting Account shall immediately expire on termination of your Betting Account.
20.8 The right to terminate your Betting Account shall not stop us from exercising any other right or remedy in respect of your breach of the User Agreement.
20.9 Suspension of your Betting Account, shall not detract from our rights under the User Agreement to terminate your Betting Account.
Any provisions hereof which expressly or by their nature are required to survive termination of the User Agreement in order to achieve their purpose shall so survive until it shall no longer be necessary for them to survive in order to achieve that purpose. Without derogating from the generality of the foregoing, Sections 3 (Definitions and Interpretation), 11.3-11.5 (Intellectual Property Rights), Section 14 (Incorrect Crediting of Funds and the Recovery of Amounts Due To The Company As A Result Of The Company Mistakenly Accepting A Bet), 15 (Recovery of Amounts Due), 19 (Taxes and Levies), 20.4, 20.5 (if applicable), 20.6 (if applicable) and 20.8 (Termination of Your Betting Account), 21 (Disputes), 23 (No Warranties), 24 (Errors and Malfunctions), 26 (Your Indemnification), 27 (Limitation of Liability), 28 (Proof of Indebtedness), 30 (Governing Law and Exclusive Jurisdiction), and 32 (Additional Provisions) shall survive termination of this User Agreement.
21. Disputes
21.1 In the event that any dispute arises between you and the Company in relation to the liability of the Company to pay alleged winnings to you, and that dispute cannot be resolved between the parties amicably, you or the Company may refer the dispute to ARSJPA (“the Board”) for resolution.
21.2 The Board may conduct an investigation into the matter and shall thereafter resolve the dispute and communicate the outcome to the parties.
21.3 If either you or the Company is not satisfied with the resolution of the Board, such party may file a petition with the Board to hold a hearing to reconsider the resolution. The Board may hold such a hearing and may determine whether the original resolution of the dispute should be confirmed, set aside or amended in any way.
21.4 The option to refer a dispute to the Board for resolution shall in no way supersede or supplant your or the Company’s right to have a dispute adjudicated upon by a court as detailed in Section 30.
22. Self- Exclusion
22.1 We recognise that although for most gambling is fun, for others it can become a problem. You can review the assistance and (as relevant) controls available by reading our Responsible Gambling Policy.
22.2 Amongst other things, in the Responsible Gaming Policy, we provide the options of: (i) temporary self-exclusion- this makes your Betting Account inaccessible until you’re ready to go back to it; and (ii) permeant self-exclusion- your Betting Account is terminated. This is irreversible, meaning you can never access your Betting Account again. Please see the Responsible Gambling Policy for more information.
22.3 In the event that you self-exclude and open any new betting account with the Company, the Company may terminate such account and withhold and retain all monies therein which you shall forfeit.
22.4 We do not accept any responsibility or liability if you continue gambling or seek to use the Services with the intention of deliberately avoiding the relevant responsible gabling measures in place (whether put in place by you or by us) or we are unable to enforce our measures/policies for reasons outside of our reasonable control including if you have provided us with details which are not true and accurate in order to circumvent any safer gambling policies or tools.
22.5 You will be deemed to in breach of the User Agreement by us, if your name is entered into a self-exclusion list maintained by ARSJPA or by the Company, in accordance with responsible gambling policies.
23. No Warranties
23.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE. SOFTWARE AND THE SERVICES, IS AT YOUR SOLE OPTION, DISCRETION AND RISK.
23.2 YOU FURTHER ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SITE, SOFTWARE AND THE SERVICES IS PERMITTED SOLELY IN STRICT ACCORDANCE WITH THE TERMS OF The USER AGREEMENT AND APPLICABLE LAW AND REGULATIONS.
23.3 THE SERVICES AND THE SITE ARE PROVIDED “AS IS”.
23.4 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICES, SOFTWARE OR THE SITE OR NON-INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS.
23.5 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO WARRANTY THAT THE SITE, SOFTWARE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE SITE AND THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR BUGS
23.6 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION AS TO THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE SITE OR SERVICES OR THE MATERIALS ABD INFORMATION CONTAINED OR MADE AVAILABLE THROUGH THE SERVICES OR THE SITE OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SITE OR THE SERVICES.
24. Errors and Malfunctions
Errors
24.1 “Error” means any error or mistake, no matter how it arises. Without derogating from the foregoing, an Error can arise from human mistakes, administrative, operational, technical, or systems failures or errors and combinations of all of these. By way of example only, an Error includes without limitation:
24.1.1 the posting of incorrect odds;
24.1.2 a bet has been accepted in circumstances in which such bet would not ordinarily have been accepted (for example owing to technical problems occurring in relation to the operation of the Services or the Site);
24.1.3 prices/odds/terms offered via the Services or the Site are materially/significantly out of the market (i.e., materially/significantly different from those available in the general market (including from other operators) at the time the bet is accepted;
24.1.4 a bet is accepted after the “off” or starting time of the event (other than bets which are in running”);
24.1.5 a bet is accepted on an event which should have been suspended or closed, for example where the event is still in progress (except where ‘in-running’ bets are expressly allowed and accepted) or the event in question has already occurred or finished (sometimes referred to as ‘late bets’);
24.1.6 a bet is accepted at an incorrect price (which includes the odds, handicap provision, and other terms and conditions or details of the bet);
24.1.7 Pre-match bets being accepted by us after the times stated on the Site for the particular match (for example the times stated on the Site have not been updated);
24.1.8 a bet has been accepted in relation to an event of which the result was already known or determined;
24.1.9 a bet has been placed with monies incorrectly credited to your Betting Account;
24.1.10 prices/odds/terms offered at the time a bet is accepted are clearly incorrect given the probability of the event or outcome occurring;
24.1.11 a bet has been accepted in relation to an event which has been unlawfully determined or influenced by unlawful conduct;
24.1.12 where an event has been settled but it is subsequently discovered that the outcome/result is incorrect based on the definition of the count for that event;
24.1.13 a bet has been accepted in relation to an event in respect of which a subsequent announcement has been made which significantly alters the prevailing odds in respect of such bet; and
24.2 An Error may or may not be apparent to us or to you and they may only come to light as and when settlement instructions, game outcomes, winnings or withdrawals are investigated and analysed retrospectively.
24.3 In the event of an Error, the Company may take the following actions:
24.3.1 to declare any bet wholly or partially void;
24.3.2 settle the bet at the correct price/odds/terms (with respect to settling the bet at the correct price, we will consider prices available in the general market at the time the bet was made, including the prices offered by other betting operators in Guinee – For example: If the odds are recorded as 308 when on offer in the general market is 3.08 all winning bets will be settled with a general market price); or
24.3.3 settle the bet at the best available market price at the time the bet was placed, where the price offered was materially different from the general market due to an Error.
24.4 The Company shall not be liable for any loss, including loss of winnings, that results from an Error.
24.5 In the event that you have been incorrectly credited with any winnings as a result of an Error:
24.5.1 the Company may deduct the winnings from your Betting Account, if the funds in your Betting Account do not fully cover the deduction of winnings, you agree that shall pay us the outstanding amount on our written demand and in the manner we require; or
24.5.2 you agree that you shall pay an amount equal to such winnings on our written demand and in the manner we require.
24.6 You undertake to notify us as soon as you become aware of an Error.
Malfunction
24.7 “Malfunction” means any technical, operational or automated process which fails to operate as designed or intended with respect of the Site, Software or the Services, which includes without limitation:
24.7.1 in any device hardware or equipment;
24.7.2 in any software, programme, data file or any other content derived therefrom which the Customer uses or which is provided or operated by the Company which;
24.7.2.1 causes any game or product on which betting is offered to operate otherwise than in accordance with the rules published on the Site or the Services in respect of such game or product;
24.7.2.2 corrupts, suspends or interrupts the normal or intended manner of operation of any game or product on which betting is offered, or
24.7.2.3 results in an outcome which is manifestly out of alignment with the normal or intended manner of operation of any game or product on which betting is offered.
24.8 A Malfunction may or may not be apparent to us or to you and they may only come to light as and when settlement instructions, game outcomes, winnings or withdrawals are investigated and analysed retrospectively.
24.9 In the event of a Malfunction, the Company may take the following actions:
24.9.1 to declare any bet wholly or partially void; or
24.9.2 settle the bet at the correct price/odds/terms.
24.10 The Company shall not be liable for any loss, including loss of winnings, that results from a Malfunction.
24.11 In the event that you have been incorrectly credited with any winnings as a result of a Malfunction:
24.11.1 the Company may deduct the winnings from your Betting Account, if the funds in your Betting Account do not fully cover the deduction of winnings, you agree that shall pay us the outstanding amount on our written demand and in the manner we require; or
24.11.2 you agree that you shall pay an amount equal to such winnings on our written demand and in the manner we require.
24.12 You undertake to notify us as soon as you become aware of a Malfunction.
24.13 For the avoidance of doubt, this Section 24, shall in no way derogate from Sections 14, 15 and 25.
25. Void Bets
25.1 The Company may void a bet wholly or partially at any stage irrespective of whether: (i) the bet has been accepted; (ii) the bet has been settled; (iii) you have received any confirmation from us that the bet has won or that winnings are payable are paid out with respect of such bet, including without limitation if the bet is affected by a Force Majeure Event arising subsequent to the placement and acceptance of such bet, which materially affects the conduct of the event on which such bet was placed or the prevailing odds available in respect thereof.
25.2 Company reserves the right to withhold any payment (which you shall forfeit) and to declare bets void on an event (or series of events), if the Company suspects (suspicion may be based on the size, volumes or pattern of bets placed with the Company across any or all of our betting channels) that any of the following has occurred :
25.2.1 the integrity of the event has been called into question;
25.2.2 the price(s) or pool have been manipulated; or
25.2.3 match-rigging or fixing has taken place, or the event is under investigation as the result of an allegation to that effect.
25.3 In the event that any winnings have been paid out with respect to a voided bet:
25.3.1 the Company may deduct the winnings from your Betting Account, if the funds in your Betting Account do not fully cover the deduction of winnings, you agree that shall pay us the outstanding amount on our written demand and in the manner we require; or
25.3.2 you agree that you shall pay an amount equal to such winnings on our written demand and in the manner we require;
25.4 If an official correction is made in respect of any price on any event that had previously been incorrectly transmitted, all bets struck at that original price shall be settled at the corrected price.
25.5 You agree that the Company shall not be liable for any losses sustained by the Customer in consequence thereof.
25.6 In the case of an invalid selection or subsequent scratching in a multiple or combination bet, the invalid selection shall be treated as void or “no action” (as applicable), and the stake with respect to such invalid selection shall be applied to the other remaining selection in the multiple or combination bet (as applicable) at the price indicated on the ticket/betting slip issued at recalculated odds based on the remaining selection in the multiple or combination bet (as applicable).
25.7 Validation and Cancellations
25.7.1 If the odds remain open after the following events have already taken place; goals, red or yellow cards and penalties, we reserve the right to cancel the bet placed.
25.7.2 If the odds were opened with a missing or incorrect red card, we reserve the right to cancel the bet placed.
25.7.3 If the odds were offered with an incorrect match time (more than 5 minutes), we reserve the right to cancel the bet placed.
25.7.4 If the wrong score is entered, all scores will be cancelled for the duration of the display of the incorrect score.
25.7.5 If a match is interrupted or postponed and does not resume within 48 hours of the original kick-off time, all bets placed which have not been determined as settled by us will be cancelled.
25.7.6 If the team names or category are displayed incorrectly, we reserve the right to cancel the bet placed.
26. Your Indemnification
26.1 You agree fully to indemnify, defend and hold us, each member of the Group and our white label partners, and each of our or their officers, directors, employees, agents, contractors and suppliers, harmless immediately on our written demand, from and against all claims, demands, liabilities, damages, losses, costs and expenses including all legal fees arising out of or relating to:
26.1.1 any breach of the User Agreement by you, which includes without limitation any agreement, acknowledgement, undertaking, warranty, representation or covenant provided by you;
26.1.2 your access or use of the Site;
26.1.3 your access or use of the Software;
26.1.4 your access or use of the Services;
26.1.5 any activity from your Betting Account;
26.1.6 any fraud, dishonesty or any criminal act by you;
26.1.7 your breach of any applicable law or regulation; or
26.1.8 your acceptance of any winnings.
27. Limitation of Liability
27.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHER LEGAL THEORY, SHALL BE LIMITED TO:
27.1.1 IN RESPECT OF A BET TO WHICH THE LIABILITY IN QUESTION HAS ARISEN, TO THE AMOUNT OF BET PLACED BY YOU FROM YOUR BETTING ACCOUNT IN RESPECT OF SUCH BET;
27.1.2 IN ALL OTHER CASES THE REAL MONEY BALANCE IN YOUR BETTING ACCOUNT AT THE TIME WHICH THE DAMAGES ARE ALLEGED TO HAVE OCCURRED, AFTER A FULL ADJUSTMENT FOR ANY WINNINGS, LOSSES, TAXES AND DEDUCTIONS.
27.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY GENREAL DAMAGES OR FOR ANY INDIRECT, CONSEQUENTIAL, PUNITATIVE, EXEMPLARY, INCIDENTAL OR SPECIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DAMAGE FOR LOSS OF BUSINESS, LOSS OF PROFITS (INCLUDING LOSS OF OR FAILURE TO RECEIVE WINNINGS), INTERRUPTION OR LOSS OF DATA, BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
27.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE ARE NOT LIABLE FOR
27.3.1 ANY LOSS, INCLUDING ANY LOSS OF WINNINGS, ARISING FROM THE USE, ABUSE OR MISUSE OF YOUR BETTING ACCOUNT, THE SITE, SOFTWARE OR THE SERVICES, WHETHER BY YOU OR A THIRD PARTY;
27.3.2 ANY LOSS, INCLUDING LOSS OF WINNINGS, INCURRED IN THE SENDING OF INFORMATION TO THE SERVICES BY YOU OR BY A THIRD PARTY;
27.3.3 IT FAILURES WHICH ARE CAUSED BY THE HARDWARE OR SOFTWARE EQUIPMENT WHICH YOU USE;
27.3.4 ANY ACTS OR OMISSIONS BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WHICH YOU USE GAIN ACCESS TO THE SERVICES OR THE SITE OR THE INTERNET GENERALLY;
27.3.5 ANY TECHNICAL FAILURES, SYSTEM BREAKDOWNS, DEFECTS, DELAYS, INTERRUPTIONS, MANIPULATED OR IMPROPER DATA TRANSMISSION, LOSS OR CORRUPTION OF DATA, COMMUNICATIONS’ LINES FAILURE, DISTRIBUTED DENIAL OF SERVICE ATTACKS, OR BUGS OR VIRUSES OR ANY OTHER ADVERSE TECHNOLOGICAL CONSEQUENCE TO THE SITE, SERVICES OR SOFTWARE; AND
27.3.6 THE ACCURACY AND COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE SOFTWARE, SITE OR SERVICES INCLUDING WITHOUT LIMITATION, PRICES, RUNNERS, TIMES, RESULTS OR GENERAL STATISTICS OR ANY LIVE SCORES, STATISTICS AND INTERMEDIATE RESULTS SHOWN ON OR PROVIDED.
27.4 YOU CONFIRM THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, SUSPENSION OF OR DISCONTINUANCE OF THE SITE, SOFTWARE OR THE SERVICES.
27.5 YOU AGREE THAT, IN THE EVENT THAT THE SITE, SOFTWARE OR SERVICES FAILS TO OPERATE CORRECTLY AS A RESULT OF, BUT NOT LIMITED TO, ANY DELAY OR INTERRUPTION IN OPERATION OR TRANSMISSION, ANY LOSS OR CORRUPTION OF DATA OR COMMUNICATION OR LINES FAILURE, ANY PERSON’S MISUSE OF THE SITE, SERVICES OR ITS CONTENTS OR ANY ERROR OR OMISSION IN CONTENT OR ANY OTHER FACTORS BEYOND OUR CONTROL, WE SHALL NOT BE LIABLE TO YOU.
27.6 IF A FORCE MAJEURE EVENT OCCURS, WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING ANY OF OUR OBLIGATIONS UNDER THE USER AGREEMENT AND WE SHALL BE ENTITLED POSTPONE OUR OBLIGATIONS TO YOU IN WHOLE OR IN PART, AND IN SUCH EVENT WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY NATURE SUFFERED BY YOU, WHETHER DIRECTLY OR INDIRECTLY, AS A RESULT OF THE FORCE MAJEURE EVENT.
28. Proof Of Indebtedness
For the purposes of the User Agreement, a certificate signed by any director, manager, assistant manager, trader or accountant of the Company (whose appointment need not be proved) stating the amount of your indebtedness to the Company, shall be prima facie proof of such indebtedness.
29. Monitoring of Betting Account Activity
The Company is entitled to monitor your Betting Account activity for irregular, unlawful or suspicious behavior, including unusual patterns of account management or betting activity.
30. Governing Law and Exclusive Jurisdiction
30.1 The User Agreement, and any dispute or claim arising out of or in connection to its subject matter, are governed by and will be construed in accordance with the laws of Guinee.
30.2 The courts in Guinee will have exclusive jurisdiction to settle any dispute or claim which may arise out of or in connection with the User or in connection to its subject matter.
31. Links to Third Party Services
The Site or the Services may provide links to third-party websites, applications, services, offerings, products or other activities (collectively and individually the “Third-Party Services”) that are not owned or controlled by us. These links are provided as a convenience to you and do not signify that we endorse or that we are liable in any way for the content, products, services or materials displayed or offered by such Third-Party Services. Your use of such Third-Party Services is at your own risk and shall be subject to the terms governing use of such Third-Party Services. You acknowledge we have no direct or indirect liability for your use of Third-Party Services. Any problems or complaints that you may have with regard to such Third-Party Services should be directed to such third parties. You understand that when you click on these links any data that you provide afterwards is subject to that third party’s terms of service and privacy policy, and not to the User Agreement or our Privacy Policy. We take no responsibility for the content, safety, privacy, or security of any Third-Party Services. You shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any third-party content.
32. Additional Provisions
32.1 Waiver: Our failure or delay in exercising any right under the User Agreement will not operate as a waiver of this right. Similarly, any single or partial exercise of any right by us shall not preclude any further exercise of any of such right or the exercise of any other right. The rights and remedies provided by the User Agreement to us are cumulative and do not exclude any other rights or remedies available to us.
32.2 Severability: If any provision of the User Agreement is held to be invalid, void or unenforceable by any competent authority, that provision will be, to the extent strictly necessary, severed from the remaining User Agreement and that determination shall not affect the validity of the remaining provisions of the User Agreement. In the case of the severance of any terms, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the original intent in the User Agreement.
32.3 Notices: Notices and other communications e-mailed to the email address associated with your Betting Account shall be deemed to have been personally delivered once sent whether actually received or not.
Notices and other communications delivered or e-mailed to [email protected] , shall be deemed to have been personally delivered once received by us.
32.4 Entire Agreement: The User Agreement comprises the entire agreement between you and us and supersede all prior communications and understandings relating to the subject matter of our relationship.
32.5 Third Party Enforcement: Except for any member of our Group, no third party shall have a right to enforce the User Agreement.
32.6 Assignment/Transfer: We may assign, transfer, charge or otherwise deal with our rights or obligations under the User Agreement and you agree that we are free to do so and without notice to you. The User Agreement is personal to you. You will not transfer assign, transfer, charge or otherwise deal with your rights or obligations under the User Agreement to any third party.
32.7 In the event of any conflict between the User Agreement and any terms or conditions contained in any product information pop-up which may appear on the Site or Services from time to time, the provisions of the User Agreement shall prevail.
PLEASE PRINT OFF AND RETAIN A HARD COPY OF THE USER AGREEMENT FOR YOUR RECORDS.
