TERMS AND CONDITIONS

Transcription

1 TERMS AND CONDITIONS Terms and Conditions of Use of Services of the Company Betixx Limited, Suite A, Triq Mater Boni Consili, Paola, PLA 1610 Malta (EU) These Terms and Conditions were last amended on August 17th Version No. : General These Terms and Conditions ( T&C ) apply to the usage of the Games (as defined below) through any of the websites ( and other URLs belonging to or licensed to the company ( the Company//Us), as may be specified from time to time, and the related enabling internet, mobile or other platforms by you ( You or the Player ) These T&C constitute a binding agreement between You and the company. the company is a limited liability company incorporated in Malta, and subject to Maltese law, having its registered address at BETIXX LIMITED, Suite A, Triq Mater Boni Consili, Paola, PLA 1610 Malta (EU) the company is licensed and regulated in Malta by the Malta s Lotteries and Gaming Authority, licence number To benefit from the variety of services, you will need to open an account ("player account") with us. You can open your player account by going to"registration" on the website and following the instructions These T&C come into force as soon as you click on the ACCEPT button, by doing which you signify to the company that you have read these T&C and accept them. By using any of the Website you signify that you agree with these T&C You must read these T&C carefully in their entirety before clicking on the ACCEPT button. If you do not agree with any provision of these T&C you must not use or continue to use the Websites the company reserves the right to amend these T&C You fully understand and agree to be bound by the terms and conditions contained herein and as may be amended by Us from time to time.

2 The Company reserves the right to modify and amend this Agreement at any time and we will notify in advance of such changes Such amendments will become effective immediately upon being posted on our website. It is your sole responsibility to review this Agreement and amendments each time you play Rules and explanations for placing various types of bets on various events provided separately on the Website are incorporated into these T&C by reference The company reserves the right to limit or refuse bets without giving any explanation These T&C are published in a number of languages for information purposes and ease of access by players. It is only the English version that is the legal basis of the relationship between You and the company and in case of any discrepancy between a non English version and the English version of these T&C, the English version shall prevail. 15. Eligibility to use the company s services: You may participate in any of the Games if and only if: You are over eighteen (18) yeas of age or such higher minimum legal age of majority as stipulated if the jurisdiction of Your residence; and it is legal for You to participate in the Games according to applicable laws in the jurisdiction of your residence; and You are not resident in Malta. Residents in Malta are not allowed to participate in the company S Games It is entirely and solely Your responsibility to enquire and ensure that You do not breach laws applicable to you by participating in the Games. 21. Your Member Account Registration and opening of your member account must be registered personally In order for you to be able to place bets using any of the Websites, you must first register with the company and open an account ( Member Account ).

3 You are allowed to have only one Member Account. If You attempt to open more than one Member Account, all betting accounts you try to open may be blocked or closed You must enter all mandatory information requested into Your registration form, in particular, your identity, your address and contact details, including a valid e mail address, 26. your place of residence, your passport number, relevant payment information, all of which must be true and correct. It is Your sole responsibility to ensure that the information You provide is true, 27. complete and correct. You are hereby notified that the company carries out verification procedures and Your Member Account may be blocked or closed if You are found to supply false or misleading 28. information All the information supplied by you must be kept all up to date If You notice that You have more than one Member Account under different names, you must notify the company immediately As part of the registration process You will have to choose Your username and password for Your login into the Website(s). It is Your sole and exclusive responsibility to ensure that Your login 32. details are kept securely. You must not disclose Your login details to anyone. the company is not responsible for any abuse or misuse of Your Member Account by third parties due to Your disclosure, 33. whether intentional or accidental, whether active or passive, of your login details to any third party the company reserve the right to reject a registration without stating the reasons for such actions You are entitled to close your player account at your discretion at any time. In that respect you can contact our customer service. In the event of closing your account at your request, we shall 36. pay out to you the existing credit on the player account and fullfill all contractual obligations. You remain responsible for all activities that are carried out using your user data until your player

4 37. account has been closed In case you decide to close your account we shall store your playing history and your payment data in accordance with the valid data protection laws A player registration may be refused or closed at the Licensee's sole discretion but contractual obligations already made will be honoured Deposits into your Member Account You may participate in any Game only if you have sufficient funds on Your Member Account for such participation. the company shall not give you any credit whatsoever for participation in any 42. Game The minimum deposit is 10 the maximum deposit is 2000.Please note that fees may be charged for these payments or transactions To deposit funds into Your Member Account, You can use any of the methods specified in the relevant pages of the Website(s), as may be amended from time to time. Currently the following 45. methods are available: Credit card Moneybookers Playsafe Bank transfer the company reserves the right to use additional procedures and means to verify your identity when effecting deposits into Your Member Account You must ensure that deposits made by you come from an account for which you are named the account holder You have no right to receive interest or other sums produced by the account Your personal balance may be viewed at anytime under My Account Payouts Payouts are made via Bank transfer or by using Moneybooker.

5 the company will carry out additional verification procedures for any payout exceeding the cumilative of EUR2,300 and reserves the right to carry such verification procedures in case of lower 57. payouts Withdrawals from your Member Account YOU can make withdrawals of a minimum of 30 EUROS to the bank account or to another account that you have provided us For transfer to accounts outside the EU, we reserve the right to charge you the transaction cost incurred Dormant Member Accounts If there is no recorded activity on your player account for longer than 30 months the account shall be deemed to be a dormant account under Malta s Remote Gaming Regulations (LN 176 of ). The Company shall transfer the credit that may be on your player account to the bank account stated by you in your player account. Your player account will be blocked. 64. If details of a bank account have not been stated in your player account, we shall make every acceptable effort to pay out the money to you. In the event that this is not successful, 65. the money shall be transferred to the Lotteries and Gaming Authority of Malta provided that no claim shall lie against us Your obligations as a player You hereby declare and warrant that: You are over 18 years of age or such higher minimum legal age of majority as stipulated if the jurisdiction of Your residence and, under the laws applicable to You, legally allowed to participate in 70. the Games offered on the Websites You participate in the Games strictly in your personal non professional capacity for recreational and entertainment reasons only;

6 You participate in the Games on your own behalf and not on behalf of any other person; You are not resident in Malta; All information that You provide to the company during the term of validity of this agreement is true, complete, and correct, and that You shall immediately notify the company of any change of 75. such information; You are solely responsible for reporting and accounting for any taxes applicable to You under relevant laws for any winnings that You receive from the company You are solely responsible to find out about any laws that apply to you jurisdiction and that you are acting lawfully in your domicile when you use our website All money that You deposit into Your Member Account are not tainted with any illegality and, in particular, do not originate from any illegal activity or source; You understand that by participating in the Games you take the risk of losing money deposited into Your Member Account; All transactions are checked to prevent money laundering You shall not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to Your or third parties participation in any of the Games and shall not use any software 82. assisted methods or techniques or hardware devices for Your participation in any of the Games. The Company hereby reserves the right to invalidate any betting in the event of such behaviour; In relation to deposits and withdrawals of funds into and from Your Member Account, You shall only use credit card and other financial instruments that are valid and lawfully belong to You It is is prohibited to players to sell, transfer and/or acquire funds to/from other players The computer software that we make available to you is owned by 4tune Software GmbH and protected by copyright laws. You may only use the software for your own personal, recreational

7 86. uses in accordance with all rules, terms and conditions we have established and in accordance with all applicable laws, rules and regulations. You hereby agree to abide by the terms of use as 87. attached to the End User Licence Agreement Players are strictly prohibited from utilising BETIXX LIMITED and it systems to facilitate any type of illegal money transfer system. You will not use the Website for any unlawful or 89. fraudulent activity or prohibited transaction (including money laundering) under the laws of any jurisdiction that applies to You. If BETIXX LIMITED has a suspicion that You may be engaging in or 90. have engaged in fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of these T&C s, Your access to the Website will be 91. terminated immediately and/or Your account blocked. If Your account is terminated or blocked in such circumstances. BETIXX LIMITED is under no obligation to refund to You any funds that may be in 92. Your account. In addition BETIXX LIMITED shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial 93. institutions of Your identity and of any suspected unlawful, fraudulent or improper activity and You will cooperate fully with BETIXX LIMITED to investigate any such activity You may not use the website to introduce viruses, Trojan horses, worms, logical bombes or other material that has a determent on the functionality of the website The use of devises that distort the normal game play, such as robots are prohibited In violation of ,4.1.15, we will report you to the competent authorities for investigation Definitions:

8 "Error" is a mistake, misprint, misinterpretation, mishearing, misreading, mistranslation, spelling mistake, technical hazard, registration Error, transaction Error, manifest Error, force majeure and/or similar "Influence Betting" is an act, prohibited by BETIXX LIMITED, where an Account Holder, or parties acting in association with an Account Holder, can influence the outcome of a match or an event directly or indirectly "Syndicate Betting" is an act, prohibited by BETIXX LIMITED, where an Account Holder, or parties acting in association with an Account Holder, evades the Rules of BETIXX LIMITED directly or indirectly Bet Acceptance: A bet is not valid until it is validated and shows in the customer bet history. In cases of uncertainty about the validity of a bet, the customer is requested to check the open (pending) bets, or contact Customer Service Unless accepted in Error, once accepted, a bet will remain valid and cannot be withdrawn. It is the responsibility of the Customer to ensure details of the bets placed are correct Should a dispute arise about the acceptance (or lack thereof) of any transaction in the customer's account, the transaction log database will be the ultimate authority in deciding such matters BETIXX LIMITED reserves the right, at its own discretion, to terminate an event, totally or partly, if it is obvious that any of the following circumstances have occurred: BETIXX LIMITED reserves the right, at its own discretion, to declare a bet void, totally or partly, if it is obvious that any of the following circumstances have occurred: 109. Bets have been offered, placed and/or accepted due to an Error; 110. Bets placed while the website was encountering technical problems, that would otherwise not have been accepted; 111. Influence Betting; 112. Syndicate Betting; 113. A result has been affected by criminal actions directly or indirectly;

9 114. A public announcement has occurred in relation to the bet which alters significantly the odds A bet made as an accumulative bet shall never include two or more offers the outcomes of which might turn out to be related (e.g. Team X to become champions and Player Y to be Top Goal Scorer in the same league). Although BETIXX LIMITED takes all necessary steps to prevent such possibilities, in the eventuality that this would happen, BETIXX LIMITED reserves the right, solely at its own discretion, to declare void all parts of the accumulative bet which include the correlated outcomes A bet can be declared void, and will be, in that event, settled with the odds of Furthermore, all bets placed (and/or accepted) in the following circumstances will be declared void: Pre match betting 121. Betting effected after the event has started; 122. Betting effected after a related event was underway and where conditions could have been altered in a direct and indisputable way Livebetting 125. Betting effected at incorrect price due to delayed or failing Live coverage; 126. Betting effected on particular offers after these have occurred, or else after an event which could normally be deemed as leading to the outcome has happened or is happening (e.g. bets placed on offers such as Total Goals Scored or Next Goal while a penalty is being taken, or has been awarded); 127. Betting effected on odds which represented a different score than the actual; Refunds 130. In cases of events which have not been completed before their natural conclusion, and a result is issued through a decision by the association not more than 36 hours from the event s start, BETIXX LIMITED will use the issued decision as the official result for the following bet offers: Match, Draw No Bet and Double Chance. Notwithstanding that, the

10 issued decision does not change the outcome of the said bet offers at the time of the abandonment. In that case the stakes will be refunded. All other offers will be declared void except for those the outcomes of which have been decided prior to the abandonment and could not possibly be changed regardless of future events, which will be settled according to the decided outcome Responsible Gaming You may at Your discretion choose to exclude Yourself from playing any Games on Our website. In order to block Your access to the Games You need to send an to the following address indicating the following particulars self exclusion or alternatively by fax When setting up Your Member Account You may also choose to impose a ceiling on the maximum stake You may make in relation to a Game. Should You exceed the maximum stake at any time, then Your Member Account will automatically be blocked and access to Our Games will be denied Should you opt for self exclusion in the manners contemplated above then You will not be able to reverse this position for at least 7 days, after which You will be able to send an to the same address in order to re activate Your access to our Games and re activate Your Member Account Privacy Policy You hereby acknowledge and accept that its is necessary for the company to collect and otherwise Your personal data in order to allow You access and use of the Website and in order to allow You to participate in Games The Company hereby acknowledges that in collecting Your personal details as stated in the previous provision, We are bound by the Data Protection Act, Chapter 440 of the Laws of Malta. The Company will protect your personal information and respect your privacy in accordance with best business practices and applicable laws the company will only use Your personal data to allow you to participate in the Games and to carry out operations relevant to Your participation in the Games Your personal data will not be disclosed to third parties, unless such disclosure is necessary for processing of your requests in relation to Your participation in the Games or unless it is required by law. You hereby consent to such disclosures The company will not supply your data to third part contractors.

11 You have the right to access personal data held by the company about You In order to provide You with an efficient service, the company and/or its service providers may require to transfer your personal data from one country to another on world wide basis. You hereby consent to Your personal data so transferred In the processing of Your betting account and associated transactions, the company may have recourse to credit rating agencies, fraud detection agencies, anti money laundering agencies. You hereby consent to such disclosures In order to make Your visit to the Websites more user friendly, to keep track of visits to the Websites and to improve the service, the company collects a small piece of information sent from Your browser, called a cookie. You can, if you wish, turn off the collection of cookies (please refer to your browser instructions as to how to do this). You must note, however, that turning off cookies may restrict Your use of the Websites We may also inform you of changes, new services and promotions We think that You may find interesting. If you do not wish to receive direct marketing data you may opt out of such service (please refer to your browser instructions as to how to do this) Setting up limits You can choose between setting up daily, weekly or monthly personal limits. By default a Customer is limited to 50 per bet. To change personal limits the customer has to contact the customer service. You have the option to apply the following restrictions (limits) to your player account: Restriction of monetary amounts that may be used during specified period on our website. Restriction of the losses that may be made during a certain time on your player account Restriction on the amount that may be bet during a single session on our website Complaints If You have a complaint, You can: customer support on info@betixx.com BETIXX LIMITED will use best efforts to resolve a reported matter promptly.

12 If for some reason you are not satisfied with the resolution of your complaint by BETIXX LIMITED, you can complaint to the Malta Lotteries and Gaming Authority : 154. Address: Lotteries and Gaming Authority. Suite 1, Level 3, TG Complex, Brewery Street, Mriehel, Birkirkara BKR 3000, Malta 155. Tel: Fax: complaints@lga.org.mt Software protection The Website and the computer software are provided as is. We make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the Website or the computer software We shall not be liable for computer malfunctions, failure of telecommunications service or Internet connections nor attempts by You to participate in games by methods, means or ways not intended by Us We cannot guarantee that the Service will never be faulty but we will correct reported faults as soon as we reasonably can. If a fault occurs You should report the fault by or in writing to Customer Support Although We shall take all reasonable measures to ensure that the computer software and files are free from computer viruses We cannot and do not guarantee that the computer software and files are free of such problems. It is Your responsibility to protect Your systems and have in place the ability to reinstall any data or programmes lost due to a virus We may temporarily suspend the whole or any part of the Website for any reason at our sole discretion. We may, but shall not be obliged to, give You as much notice as is reasonably practicable of such suspension. We will restore the Website, as soon as is reasonably practicable, after temporary suspension In the event of a Website system malfunction all bets are void Limitation of liability

13 You enter the Website and participate in the Games at your own risk. The Websites and the Games are provided without any warranty whatsoever, whether express or implied We reserve the right to discontinue without replacement, amned, withdraw or add a service or the entire website at our sole discretion with immediate effect without prior warning Without prejudice to the generality of the preceding provision, the company, its directors, employees, partners, service providers: for their purpose; do not warrant that the software and Website are free from errors; do not warrant that the Websites and/or Games will be accessible without interruptions; shall not be liable for any loss, costs, expenses or damages, whether direct, indirect, special, consequential, incidental or otherwise, arising in relation to Your use of the Websites or Your 174. participation in the Games You hereby agree to fully indemnify and hold harmless the company, its directors, employees, partners, and service providers for any cost, expense, loss, damages, claims and liabilities howsoever caused that may arise in relation to your use of the Website or participation in the Games Breaches, Penalties and Termination If You breach any provision of these T&C or the company has a reasonable ground to suspect that You have breached them, the company reserves the right not to open, suspend, close Your Member Account, withhold payment of your winnings and apply such funds on account of any damages due by You You acknowledge that the Company shall be the final decision maker of whether you have violated the Company s rules, terms or conditions in a manner that results in your suspension or permanent barring from participation in our site Severability

14 If any provision of these T&C is held to be illegal or unenforceable, such provision shall be severed from these T&C and all other provisions shall remain in force unaffected by such severance Assignment the company reserves the right to assign or otherwise lawfully transfer this Agreement. You shall not assign or otherwise transfer this Agreement Applicable law and jurisdiction These T&C are governed by the Laws of Malta and the parties submit to the jurisdiction of the Maltese courts Payment Gateway 187. The Company will not accept cash from players and in order to be able to deposit funds into their accounts, Players may make use of any of the payment methods clearly specified in the relevant pages of The Company s website. These payment methods are subject to be updated from time to time. Withdrawals will be remitted only to the same account from where the funds paid into the player's account originated Banktransfer: 191. The classic bank transfer allows quick transfers from bank to bank. Once we recieve your deposit, the amont will be credited to your account Days depending on bank % Fees International bank transfer allows for banks outside the EU to transfer with little processing time. Once we recieve your deposit, the amont will be credited to your account Days depending on bank % Fees