TERMS AND CONDITIONS
SPORTMARKET is the trade name for a betting broker service (the “Service”) operated by Sportmarket Ltd (C56348), Milestone House, Triq is-Sajf ta' San Martin, Bahrija l/o Rabat - RBT 6441, MALTA.
These Terms and Conditions govern the end users (the "Customer") use of the Service provided by SPORTMARKET through www.sportmarket.com (the "Website") or any other domain used by our sports betting partners (the "Bookmakers") and the Customer's relationship with SPORTMARKET. The Customer should read these Terms and Conditions carefully as they affect their rights and liabilities. If the Customer does not agree to these Terms and Conditions, they should not register for or use the Service. If the Customer has any questions about these Terms and Conditions, they should contact email@example.com
1 APPLICABILITY OF THESE TERMS AND CONDITIONS
The Service is provided to the Customer for their personal non-commercial use subject to these Terms and Conditions. By registering on the Website and/or continued use of the Service, the Customer agrees to be bound by these Terms and Conditions. If there is any inconsistency between these Terms and Conditions and any document incorporated by reference, these Terms and Conditions will prevail.
2 AMENDMENTS TO THESE TERMS AND CONDITIONS
2.1 SPORTMARKET reserves the right to amend these Terms and Conditions (including rectifying errors or mistakes discovered in the Service). However, SPORTMARKET will ensure that any significant changes to these Terms and Conditions will be notified to the Customer by an appropriate method (for example via an announcement on the Website). The changes will apply to the use of the Service immediately after SPORTMARKET has given notice. If the Customer does not wish to accept the new Terms and Conditions the Customer should not continue to use the Service. If the Customer continues to use the Service after the date on which the change comes into effect, the Customer's use of the Service will be confirmation of the Customer's agreement to be bound by the new Terms and Conditions.
2.2 It remains the Customer's responsibility to periodically check these Terms and Conditions to ensure that they continue to agree with them and Customers are advised to do so each time they use the Service. The Customer's continued use of the Service will be confirmation of their acceptance of any changes to these Terms and Conditions.
3 REGISTRATION AND USE OF THE CUSTOMER'S ACCOUNT
3.1 To register for an account to use the Service (an "Account"), the Customer must be at least eighteen years of age or the legal age required for gambling in the Customer's jurisdiction, whichever is the greater. The Customer must ensure that the details provided by them on registration (or at any time thereafter) are correct and complete and must inform SPORTMARKET immediately of any changes to their details by updating their Account in order that SPORTMARKET can communicate with them effectively. SPORTMARKET reserves the right to request identification documents (e.g. passport or identity cards) for verification purposes.
3.2 A Customer wishing to use the Service should note that there may be specific laws in their country, place of residence, or the place where the Customer accesses the Service which prohibits gambling. The Customer warrants to SPORTMARKET that they will not access the Service from within a jurisdiction that prohibits gambling. Further, the Customer warrants to SPORTMARKET that they will not access (or register for) the Service at any time if they are a citizen of a nation or state that prohibits its citizens from participating in gambling (regardless of their location).
3.3 It is the Customer's responsibility to ensure compliance with their applicable local or national laws before registering for an Account and/or before using the Service. The Customer is encouraged to seek legal advice before registering and/or using the service or depositing any money to verify that their proposed dealings on the Service are not contrary in any way to such laws. SPORTMARKET does not accept any responsibility for a Customer's breach of any applicable local or national laws.
3.4 Without limiting Clause 3.3, SPORTMARKET does not accept Customers originating from the United States of America, United Kingdom, France or any other country not listed in the drop down menu when registering an account. Accordingly; the Customer warrants that they are not a resident in any of these jurisdictions.
3.5 When the Customer registers their Account on the Website, they will be asked to create a login and password (which will be in encrypted form and not accessible by SPORTMARKET). In order to prevent fraud, the Customer must keep this password confidential and not disclose it or share it with anyone. If the Customer knows or suspects that someone else knows their password or that any other personal information has been stolen or otherwise accessed without their authority they should notify SPORTMARKET immediately by contacting firstname.lastname@example.org.
3.6 If SPORTMARKET has reason to believe that there is likely to be a breach of security or misuse of the Service, it may require the Customer to change their password or it may suspend the Customer's Account.
3.7 The Customer is solely responsible for all use of the Service through their login and password. Unless caused by SPORTMARKET's negligence, any unauthorized use of the login and password will be the Customer's sole responsibility and deemed the Customer's use. The Customer will therefore be liable for any such unauthorized use and will not be refunded any resulting losses on the Service, regardless of whether or not the third party who participated had the Customer's consent.
3.8 If an Account is inactive for 6 months or longer, SPORTMARKET reserves the right to levy an administration charge of £5.00/€5.00 per month for maintenance of the Account and set-off such charges against the balance in the Account. If the Account remains inactive for 12 months or longer, SPORTMARKET reserves the right to terminate the Account.
3.9 SPORTMARKET may suspend or terminate the Customer's Account immediately at its absolute discretion including if the Customer breaches any of their obligations under these Terms and Conditions.
3.10 The expiry or termination of a Customer's Account for any reason will not affect:
(a) Any rights, obligations and/or liabilities accrued before the date of termination or expiry; or
(b) Any rights, obligations and/or liabilities expressed to continue in force after and despite expiry or termination.
3.11 SPORTMARKET reserves the right not to open an account for any applicant without having to provide any reason whatsoever. SPORTMARKET further reserves the right to refuse/reject and suspend and/or terminate without prior notification the Account of any Customer who is suspected of cheating, hacking, attacking, manipulating or damaging SPORTMARKET's operations.
3.12 Any application that uses any or all of the data contained on the Service for purposes (including but not limited to commercial purposes) other than participating in the Service (e.g. via screen scraping) is prohibited. SPORTMARKET will take measures to prevent and detect the use of programs that are designed to enable artificial intelligence (non-humans) to utilize or benefit from the data contained on the Website. Any attempted or actual use of artificial intelligence by the Customer will lead to termination of their Account in accordance with Clause 3.9 and Clause 3.11.
3.13 The Customer can cancel their Account at any time by informing SPORTMARKET in writing to email@example.com. If the Customer does so, they must stop using the Service.
3.14 The suspension or cancellation of the Customer's Account will not affect either party's statutory rights or liabilities.
4.1 SPORTMARKET grants the Customer a personal, non-exclusive, non-transferable and revocable license to use the software required for the Service (the "Software"). The Customer may use the Software solely for participation in the Service.
4.2 The Service and all pictures, graphics, photographs, animations, videos, music, audio, text and live feeds on the Website and the Software are and will remain the property of SPORTMARKET or its Partners and are protected by intellectual property laws, including copyright. They may not be reproduced without SPORTMARKET's prior written consent.
4.3 Except as permitted by these Terms and Conditions, the Customer may not copy, use, modify, create derivative works from or distribute the Software or written materials associated with the Service, decode, reverse engineer, dissemble, decompile or otherwise translate or convert the Software or any part of it or transfer, loan, lease, assign, rent or otherwise sublicense the Software or do any of the above to any copy, adaptation, transcription, or merged portion of the Software. Without limitation, the above activity includes any form of denting, hacking, attacking, manipulating or damaging of the Service.
5 PAYMENT AND SECURITY
5.1 Deposits to the Customer's Account are only for use of the Service. The Customer is not allowed to request a bet greater than the available balance, including approved credit, in the Account.
5.2 The Customer accepts and authorizes SPORTMARKET to instruct its bank or other payment provider to handle the processing of Account deposits and withdrawals. Thereby the Customer allows SPORTMARKET to give such instructions on the Customer's behalf. SPORTMARKET reserves the right to withhold payment of any funds if suspicion or evidence of manipulation of the Service arises. SPORTMARKET may take action against the Customer or any other party who manipulates, or tries to manipulate, the Service or any part of it.
5.3 To maintain a high level of security to protect the Customer's funds, SPORTMARKET performs random security checks. The Customer hereby accepts that SPORTMARKET maintains the right to demand documentation in order to verify the Customer’s details in the account. Such a security check will always be made before any withdrawals are allowed but may be requested at other times as well.
5.4 The Customer has the responsibility for checking the available funds in their Account (the "Balance ") and check under “Transactions” before or after each betting transaction and prior to departing from the betting session always check under “Open Bets” where it will show what requested bets that are accepted. If the Customer suspects any errors, they must report it immediately to SPORTMARKET. Failure to do so will result in the Customer waiving their rights to raise future disputes and acceptance of all previous betting records as true and correct.
5.5 The Customer must inform SPORTMARKET as soon as reasonably possible if they believe that their Account information is being misused in any way by a third party so that SPORTMARKET may suspend their Account. SPORTMARKET will not be held responsible for any reasonable delay in such suspension.
5.6 Unless otherwise stated in these Terms and Conditions, no bet can be cancelled once confirmed by SPORTMARKET or its partners. All bets stand once confirmed whether the Customer is online or offline. SPORTMARKET and its partners reserve the right to refuse any bet.
5.7 Subject to the terms contained in these Terms and Conditions or any applicable law, the Customer may withdraw funds from their Account at any time.
6 ANTI-MONEY LAUNDERING PROVISIONS
6.1 There is a requirement for SPORTMARKET to obtain proof of identity and residential address (which address must correspond with that registered with SPORTMARKET) when the Customer, for the first time, request a withdrawal. Acceptable forms of proof of identity and residence shall be:
(a) A current photographic identity document (eg, national identity document, passport, driver's license, etc);
(b) Proof of residential address document which must not be older than 90 days (eg, bank or credit card statements, utility bills etc).
6.2 Upon the compliance of the above requirements by the Customer (the "KYC Compliance"), then the KYC Compliance shall remain in effect for so long as the documents submitted shall not be invalidated for any reason whatsoever and the Customer shall be at liberty to make a request for withdrawals at any time.
6.3 SPORTMARKET reserves the right, at its reasonable discretion, to suspend payments from the Account, pending a full investigation (including providing details to the relevant law enforcement agency where appropriate), where it suspects that funds have been deposited, and are attempting to be withdrawn, by a Customer for the purposes of money laundering. An example of where this might occur includes where a Customer deposits a substantial sum in and then attempts to withdraw these funds having only conducted minimal activity through the Service. Full repayment of the funds will be made to the Customer where the investigation reveals no evidence of money laundering.
6.4 Subject to any limitations imposed by SPORTMARKET's payment management company and the terms contained in these Terms and Conditions, the maximum withdrawal of funds for any one 24 hour period to the Customer is €200,000 or the equivalent in another currency.
7.1 SPORTMARKET is not a bookmaker and do not accept or reject requested bets. All acceptance, rejection and grading of bets are done by the Bookmaker and all bets are always subject to the rules stated by the Bookmakers that accepted the bet.
7.2 All requested bets are passed on in full to the Bookmaker either because the Customer requests the bet directly at the Bookmaker’s site or the request is feeded to the Bookmaker from the Website. All actions that can be decided by SPORTMARKET according to this Clause 7 can also be taken by SPORTMARKETS Bookmaker partners.
7.3 When requesting a bet, the Customer will determine the amount of his own stake, subject to the following:
(a) the restrictions on winnings permitted under Clause 10;
(b) the restrictions on bets set out in this Clause 7;
(c) the minimum and maximum amount of any bet will be as indicated on the Service.
7.4 If a bet is not made in full or if details of it are incorrect or missing or if incorrect odds has been given, the Bookmaker that accepted the bet may, at its discretion, deem such bet to be void.
7.5 The Customer must request the bets as an individual. SPORTMARKET or our Partners will be entitled to reject and treat as void a series of identical bets from different Customers placed within very short time to circumvent the maximum betting limits or where SPORTMARKET suspects that Customers are acting in collusion or as a syndicate with any other individual(s) and will be entitled to refuse payment of any winnings.
7.6 Bets on events in which the Customer is participating (and whether the Customer is participating for this purpose will be decided by SPORTMARKET in its absolute discretion) are not permitted.
7.7 In requesting a bet, the Customer represents and warrants to SPORTMARKET to not knowing or having any influence over the outcome of the event in respect of which the bet is made. If the outcome is known, SPORTMARKET may treat the bet as void.
7.8 SPORTMARKET reserves the right to make any amendments or corrections to any event information (including but not limited to the team names, event time, venue, league title) displayed through the Service at any time.
7.9 In order to request a bet, there must be available funds in the relevant Customer's Account equal to or exceeding the amount of the stake. If the Customer's available funds do not cover the aggregate stakes wagered at any one time, the bet will be refused.
7.10 All prices, odds or handicaps quoted are subject to variation and become fixed only at the time when a bet is accepted by the Bookmaker. Where a manifest error (whether caused by human error or otherwise) or systems failure results in incorrect prices, odds or handicaps being offered, any bet (or part of a bet) made on the basis of them may deemed void. If such error is noticed beforehand, SPORTMARKET will use all reasonable endeavors to notify the Customer concerned in order to enable him to place another bet at the correct prices, odds or handicaps.
7.11 Where a bet is settled incorrectly due to, for example, an erroneous result being recorded through the Service, such settlement will be invalid and reversed. If the Customer has insufficient funds to permit such a reversal, they will be required to return the erroneously credited funds in accordance with Clause 12.4.
7.12 SPORTMARKET or the Bookmaker may, at any time, in its absolute discretion and without giving any reason or advance notice, suspend a market, cease betting on a market, refuse to accept any bet or any part of a bet and/or suspend or close any Customer's Account.
8 PLACING A BET
8.1 Bets may only be placed via the Website or the Bookmaker’s website, unless an alternative prior arrangement has been made with SPORTMARKET (the "Betting Method").
8.2 A bet is accepted only when confirmed by SPORTMARKET or the Bookmaker via the Betting Method (that is, when the bet appears in the Open Bets log of the Customer's Account and an identification number has been allocated to it).
8.3 If a bet is declared "invalid" or "void" for the purposes of these Terms and Conditions, it will be evaluated at odds of 1.00.
8.4 The deadline for placing bets will in each case be determined by the Bookmaker. Notwithstanding the foregoing, if a bet (other than a Live bet as stated on the Website) is placed after the commencement of the event in respect of which the bet is made, the bet will be invalid and will be evaluated at odds of 1.00. For events for which no official start is declared, the generally advertised start time (as determined by SPORTMARKET) for the event will be deemed to be its commencement time. Disputes over the times when bets are placed will be finally settled by reference to the Bookmaker’s transaction log.
8.5 The Customer will be responsible for ensuring that their bets are correct. Bets placed and accepted within the relevant time limit may not be revoked or changed except as expressly provided in these Terms and Conditions.
8.6 SPORTMARKET assumes no responsibility for:-
(a) typing, transmission and/or evaluation errors in respect of any bets and will be entitled (after the event, if necessary) to correct manifest errors relating to odds or the reporting of results;
(b) the accuracy, completeness or currency of the information services provided (in particular but without limitation, for information provided by third parties);
(c) the accuracy of live scores, statistics and intermediate results in respect of live betting.
All results will be evaluated and graded by the Bookmaker that accepted the bet according to the Rules set up by the Bookmaker for each sport.
10 CALCULATION OF, AND LIMITS ON, WINNINGS
10.1 For bets with set odds, the winnings are calculated by multiplying the stake by the prescribed odds or prices displayed at the time when the bet is accepted.
10.2 Winnings from settled bets will be credited to the Customer's Account with SPORTMARKET or the Bookmaker. Winnings cannot be transferred, substituted, or redeemed for any other prize. Any applicable taxes and fees in connection with any winnings are the Customer's sole responsibility.
10.3 SPORTMARKET or the Bookmaker reserves the right to impose limits on the winnings accruing from any one bet placed on a particular event or sport (regardless of the stake or whether the bet has been placed through more than one separate channel), such limit to be notified by SPORTMARKET from time to time.
10.4 SPORTMARKET may lay down limits on winnings for bets different from or additional to those specified in Clause 10.3 and/or determine specific winning limits for individual Customers, subject to notifying such Customers.
10.5 If more than one bet is placed with the same selections and SPORTMARKET or the Bookmaker determines or suspects that they have originated from a Customer acting in collusion or as a syndicate with any other individual(s) or if a Customer has opened several Accounts and has placed the same bet on each of them contrary to these Terms and Conditions, without prejudice to any other remedies or rights SPORTMARKET may have in such circumstances, SPORTMARKET will be entitled to apply the relevant limits on winnings set out in this Clause 10 to the aggregate winnings on all such bets as if such bets were a single bet and/or to reduce the stake to the extent necessary in order to comply with such limits on winnings.
10.6 It should be noted that most Bookmakers will willingly accept several bets on the same selections within short time, normally after adjusting the odds. Such bets will normally not fall under Clause 10.
11 SPECIAL RULES FOR SPECIFIC SPORTS AND OTHER EVENTS
11.1 Customers can request bets for many sporting and other events as advertised on the Website. All such bets are subject to the rules specific to each relevant sport or event and it is the responsibility of each Customer to make himself aware of all such rules to the extent relevant to any bets they place.
11.2 Special rules relating to different types of sports and which will apply to bets made on those sports are set out in the Betting Rules issued by each Bookmaker. Please note that Bookmakers may have different rules for how a bet is treated in various situations and that the bet placed through SPORTMARKET is always subject to the rules of the Bookmaker who accepted the bet.
12 THE CUSTOMER'S REPRESENTATIONS
12.1 The Customer represents, warrants and certifies that they have reached the age of 18 or the legal age required for gambling in the Customer's jurisdiction, whichever is the greater. The Customer also warrants that they will not access the Service from within a jurisdiction that prohibits gambling nor will they access (or register to use) the Service at any time if they are a citizen of a nation state that prohibits its citizens from participating in gambling (regardless of their location).
12.2 The Customer represents, warrant and certifies that they fully accept that all computer instructions and responses sent over the Internet to and from the Service and the Software will be binding on the Customer.
12.3 The Customer understands that by using the Service they may lose money on bets placed and they accept full responsibility for such loss. The Customer agrees that their use of the Website is at their sole risk.
12.4 Should funds be credited to or debited from a Customer's Account in error, it is the Customer's responsibility to notify SPORTMARKET of the error without delay. Any sums credited to the Customer due to the error will be deemed invalid and must be returned to SPORTMARKET. Funds credited to an Account in error are not available to bet with and SPORTMARKET reserves the right to void any transaction involving such funds. For the avoidance of doubt, where the Customer has a credit balance and further sums are erroneously added to this, the Customer is permitted to transact up to the level of funds available in their Account excluding the erroneously added funds. The Customer agrees to indemnify SPORTMARKET for the return of any erroneously credited funds that the Customer has withdrawn.
13 NO WARRANTY
13.1 SPORTMARKET will Endeavour to provide the Service using its reasonable skill and care. SPORTMARKET makes no further warranty or representation, whether express or implied, in relation to the Service. Any implied warranties or conditions relating to satisfactory quality, fitness for purpose, completeness or accuracy are hereby excluded.
13.2 SPORTMARKET makes no warranty that the Service will meet the Customer's requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or bugs, nor does SPORTMARKET make any warranty as to the full functionality, accuracy, reliability of the materials supplied by SPORTMARKET or results of the Service or the accuracy of any information obtained by the Customer through the Service.
13.3 The Customer should be aware that the quality of the internet connection to the Service varies from customer to customer and may not be absolutely stable. SPORTMARKET is not responsible for any misplaced bets. All bets placed will be based on the records stored by the Bookmaker accepting the bet. SPORTMARKET accepts no liability for actions taken by Bookmakers including Customer losses because of unpaid winnings.
13.4 SPORTMARKET carries out regular maintenance to the Service to ensure, as much as possible, that an optima gaming experience is provided to the Customer. During such maintenance sessions, the Customer acknowledges and agrees that access to the Service may be limited to allow for such necessary repairs, maintenance or the introduction of new facilities or services. SPORTMARKET will make reasonable efforts to notify Customers of such downtime in advance of it occurring (whether via an advance schedule of downtime or period notifications on the Service) and resume the service as soon as it reasonably can.
14 LIMITATION OF LIABILITY
14.1 The Customer agrees that their use of all SPORTMARKET’s Services are at their sole risk.
14.2 SPORTMARKET will not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with the Customer's use of the Service, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, loss arising from downtime or any other pecuniary or consequential loss (even where SPORTMARKET has been notified by the Customer of the possibility of such loss or damage). Further, liability for such damage will be excluded, even if the exclusive remedies provided for in these Terms and Conditions fail for their essential purpose.
14.3 SPORTMARKET will not be liable or responsible to the Customer for any loss or damage incurred or suffered by the Customer as a result of any suspension or stoppage (whether temporary or permanent) of the Service arising from any governmental order.
14.4 SPORTMARKET will not be responsible or liable to the Customer for any loss of content or material uploaded or transmitted through the Service and the Customer confirms that SPORTMARKET will not be liable to the Customer or any third party for any modification to, suspension of or discontinuance of the Service.
14.5 SPORTMARKET reserves the right to withdraw the Service or elements of the Service at any time, and will not be liable to the Customer as a result of any such action.
14.6 SPORTMARKET will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
14.7 SPORTMARKET will not be liable to the Customer for any use of the Service that is contrary to the law of the jurisdiction in which the Customer is located. The Customer should note that where local law prohibits their participation in the Service, it is contrary to these Terms and Conditions for the Customer to participate in the Service.
14.8 Certain statutes, rules and regulations may imply certain non-excludable warranties or conditions and to the extent such are not permitted to be excluded, SPORTMARKET's liability for breach of such conditions or warranties and the Customer's sole and exclusive remedy will be limited to the reimbursement of the Customer's available Betting Funds in the Account and the value of any bets on unsettled events.
15.1 The Customer agrees fully to indemnify, defend and hold SPORTMARKET, and its officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by the Customer or any other liabilities arising out of the Customer's use of the Service or use by any other person accessing the Service using the Customer's Account details.
15.2 The Customer agrees fully to indemnify, defend and hold SPORTMARKET, and its officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of any breach of warranties or representations including, but not limited to, the representations that the Customer is not a citizen or a resident of a country which prohibits such gaming activities nor will they access the Service from a jurisdiction where such betting activity is prohibited by law.
15.3 The Customer will indemnify SPORTMARKET for all losses and damages suffered by SPORTMARKET as a result of wrongdoings and/or fraud committed by the Customer or group of Customers acting in concert or as a syndicate. "Wrongdoings and/or fraud" will include but not be limited to attempts to beat the Rules, betting limits, win limits, hacking, providing false personal information, and/or any actions and/or omissions which SPORTMARKET reasonably deems to be a fraud and/or wrongdoings.
The Customer may not transfer any of their rights under these Terms and Conditions to any other person. SPORTMARKET may transfer its rights under these Terms and Conditions to another business where SPORTMARKET reasonably believes that the Customer's rights will not be affected.
17 THIRD PARTY CONTENT
17.1 The Service provides content from other Internet sites or resources ("Third Party Content") and while SPORTMARKET takes all reasonable steps to ensure that material included on the Service is correct, reputable and of high quality, SPORTMARKET does not make any warranties or guarantees in relation to Third Party Content and will not be held liable by the Customer for any such Third Party Content. If SPORTMARKET is informed of any inaccuracies in the Third Party Content contained on the Service, it will attempt to correct the inaccuracies as soon as it reasonably can.
17.2 SPORTMARKET makes no representations or warranties regarding any third party websites linked to the Service ("Linked Sites"), the entities which operate the Linked Sites or which feature on the Linked Sites. SPORTMARKET will not accept liability for any loss (including any indirect or consequential loss) or damage the Customer may suffer directly or indirectly as a result of using any of the Linked Sites or relying on any material contained therein. The Customer acknowledges that the Customer's access to and use of any of the Linked Sites is entirely at their own risk.
18 THIRD PARTY RIGHTS
Except insofar as these Terms and Conditions expressly provides that a third party may in their own right enforce a term of these Terms and Conditions, a person who is not a party to these Terms and Conditions has no right under local law or statute to rely upon or enforce any term of these Terms and Conditions.
19 TECHNICAL MALFUNCTIONS
19.1 In the event of system malfunction or damage which results in the loss of data, SPORTMARKET will make reasonable efforts to recover all historic data and all recovered data will be deemed official.
19.2 Where there is any malfunction of the electronic display in live betting, the settlement will follow the actual result of the relevant event pursuant to the Rules.
19.3 Any failure on the Customers' side including but not limited to network connection or computer problems, will not void the bet result. Customers can check their own bet history in the Report section of their Account to see how any bet was determined.
20 SETTLEMENT OF DISPUTES
The Customer understands and agrees that (without prejudice to their other rights and remedies including the referral to an agreed dispute resolution process) SPORTMARKET's records and subsequent management decision will be the final authority in determining the terms of the Customer's participation and use of the Service, the activity resulting there from and the circumstances in which they occurred.
If the Customer has any dispute with regard to any outcome of any bets or any other activity, the Customer must submit their complaint to SPORTMARKET in writing within 72 hours of the event's start time of the incident by email to firstname.lastname@example.org. Any notice SPORTMARKET gives to the Customer (save as otherwise set out herein) will be sent to the email address that the Customer provided when the Customer registered the Customer's Account or made a change to. It is the Customer's responsibility to give SPORTMARKET notice of any changes to this address by writing to email@example.com setting out the updated details and to regularly check their email account for emails from SPORTMARKET.
22.1 If any part of these Terms and Conditions will be deemed unlawful, void or for any reason unenforceable, then that provision will be deemed to be severable from these Terms and Conditions and will not affect the validity and enforceability of any of the remaining provisions of these Terms and Conditions.
22.2 No waiver by SPORTMARKET of any of these Terms and Conditions will be construed as a waiver of any preceding or succeeding breach of any of these Terms and Conditions.
22.3 Unless otherwise expressly stated, nothing in these Terms and Conditions will create or confer any rights or any other benefits in favor of any person other than the Customer and SPORTMARKET.
22.4 Nothing in these Terms and Conditions will be construed as creating any agency, partnership or any other form of joint enterprise between the Customer and SPORTMARKET.
22.5 Clause 15 (Indemnity) will continue in force after and despite expiry or termination (for whatever reason).
22.6 SPORTMARKET may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Service.
22.7 These Terms and Conditions, as published in English from time to time, govern this contract. Translations into other languages are made as a service and are made in good faith. In the event of ambiguity between the English version and a translation, the English version prevails over any translation.
22.8 These Terms and Conditions contain the entire agreement between the Customer and SPORTMARKET relating to the Service. The Customer confirms that, in agreeing to accept these Terms and Conditions, the Customer has not relied on any representation save insofar as the same has expressly been made a representation in these Terms and Conditions. The Customer agrees that the Customer will have no remedy in respect of any misrepresentation which has not become a term of these Terms and Conditions save that the Customer's agreement will not apply in respect of any fraudulent or negligent misrepresentation whether or not such term has become a term of these Terms and Conditions.
23 SPORTMARKET PRO
23.1 SPORTMARKET PRO is a service offered by SPORTMARKET where a Customer can place bets with several bookmakers from a single account. SPORTMARKET PRO uses software provided by another company and the use of SPORTMARKET PRO are subject to special terms that can be found here. These terms represents an integral part of the Terms and Conditions.
Sportmarket Pro - General Terms
THESE TERMS CONTAIN IMPORTANT INFORMATION WHICH IS LEGALLY BINDING – PLEASE READ THEM CAREFULLY.
1.2. Sportmarket Pro™ is operated by Sportmarket Ltd, Milestone House, Triq is-Sajf ta' San Martin, Bahrija l/o Rabat - RBT 6441, MALTA.
1.3. By using the Platform you represent that you have read, understood and agree to be bound by these Terms.
2. Nature of the Platform
2.1. The Platform provides only an automated means by which you, the authorised user, (‘you’) can enter into online betting transactions (“Bets”) with certain third party bookmakers. The Platform, and the software comprised in the Platform (‘Software’), therefore merely facilitates betting activities you would otherwise have to action manually. You therefore agree that you are fully responsible and liable for the outcome of all Bets placed by you, for the checking and verification of the Bets, including their status and accuracy, and for all aspects of Bet selection. You agree (i) that we have no responsibility or liability in any of these respects and (ii) that we shall provide you with no advice, recommendation or other guidance relating to your betting activities.
2.2. All Bets are between you and the relevant bookmaker(s) only and Sportmarket Pro™ will not under any circumstances be a party to those betting transactions. Sportmarket Pro™ does not act as, or hold itself out as, a bookmaker. The Software merely places the bets on your behalf.
2.3. By placing a Bet through the Software you fully understand and agree to the Bet being subject to the Terms and Conditions given by the bookmaker that accepted the Bet. Terms and Conditions are subject to change at any time and Betting Rules for certain sports and incidents may vary between the bookmakers. You are advised to keep track of which bookmaker that accepted your Bet.
2.4. The acceptance or rejections of Bets is the sole discretion of the bookmaker. Sportmarket Pro™ does not take any responsibility towards customers for how Bets are handled and graded by the bookmakers and in case of a dispute regarding a Bet you accept that it will be handled by each bookmaker according to their rules.
3. Account Information
3.1. You represent and undertake that:
a) Your use of the Platform will not breach any law, regulation, code of conduct, code of practice or any obligation to any third party;
b) if you are an individual, you represent and confirm that you are at least 18 years of age, you are of sound mind and fully capable of entering into binding legal agreements.
3.2. We are under no obligation to permit any entity or person to use the Platform and we reserve the right to refuse anyone permission to use the Platform in our absolute discretion.
3.3. You will keep all account information, including user name(s) and passwords(s), secure and strictly confidential. You agree to notify us immediately if you become aware of any unauthorised use of the Platform.
4. Use of the Platform
4.1. You undertake to use the Platform for legitimate betting purposes only and strictly in accordance with these Terms. You may not use the Platform if use would be illegal in the jurisdiction in which you are located.
4.2. You are fully responsible and liable for all Bets and for all related profits, losses and other liabilities, including (without limitation) choice of Bets, accuracy, amounts staked and setting and/or compliance with applicable betting limits. You understand and accept that you may lose money on Bets and that you bear full responsibility for all and any losses. Sportmarket Pro™ will under no circumstances be liable for such losses.
4.3. You are responsible for understanding the content and operation of the Platform, including the functionality of the Software.
4.4. You agree that you will:
a) provide us with all co-operation and assistance required in relation to the provision of the Platform and the investigation of any interruptions, faults, outages or security issues;
b) provide us with all data and other information reasonably required in relation to these Terms, including security access information and software interfaces to any relevant business applications, and ensure that all information provided is true, accurate, complete and not misleading in any material respect; and
c) carry out your obligations in a timely and efficient manner and notify us immediately of any breaches or suspected breaches.
4.5. Should you fail to perform any such obligations then we will not be liable for any delay, loss or damage arising from such failure or from reliance on information or materials provided by you.
5. Reliance on Platform Data
5.1. The information available via the Platform relating to the indicative price and volume offered by bookmakers (‘Offer(s)’) is provided on an “as is” basis and Sportmarket Pro™ makes no representations and gives no warranties in respect of the accuracy of that information.
5.2. You accept that Sportmarket Pro™ shall have no liability for inaccuracies in Offers, save where the inaccuracy results from the negligence of Sportmarket Pro™. You accept that all Offers are invitations only, so that we are not able to guarantee the availability or currency of the Offer when you come to execute the Bet.
6. Suspension of Platform & Maintenance
6.1. We reserve the right to limit, suspend or terminate access to the Platform without liability at anytime and for whatever reason.
6.2. We may suspend all or any part of the Platform for the purpose of repair, maintenance or improvement. We shall use reasonable endeavours to keep any such suspensions to a minimum. If we suspend owing to defect or compromise on your part, the suspension will not be lifted until the default is rectified to our reasonable satisfaction.
7.1. You recognize and accept that owing to the nature of the Platform we cannot promise that it will be error-free, immune from security risks or available on an uninterrupted basis. We will use all reasonable endeavours to maintain the accuracy and availability of the Platform but we cannot provide any warranty in those respects.
7.2. You agree and accept that we will have no liability for any bugs, defects or other errors in the Platform (including the Software) unless they arise from our negligence. Notwithstanding the foregoing, you specifically agree that we shall have no liability in respect of any losses (including without limitation any gambling losses) you may incur as a result of your reliance upon any incorrect Platform data (including without limitation any incorrect notification of rejection or non-execution of any transaction) unless you first request us to check the accuracy of the said data and we negligently confirm it as accurate. Any such liability shall nevertheless be subject to the limitations and exclusions set out in clause 10 below.
7.3. You agree and accept that we will have no liability in respect of any failure or delay by you in respect of (i) the management and maintenance of the betting accounts, including (without limitation) any failure to ensure the availability and sufficiency of funds, (ii) the checking and verification of all Bets, including (without limitation) as to their status and accuracy, and/or (iii) any other aspect of Bet selection.
7.4. We are not responsible for unauthorised access to your data or the unauthorised use of the Platform unless the unauthorised access or use results from our failure to meet our reasonable security obligations.
8.1. The Platform is the property of Sportmarket Pro™, including (without limitation) all rights in data, database rights, intellectual property rights and related content; save that all information relating to Offers is owned by the bookmakers concerned. You have no rights in, or to, the Platform or the Software other than the limited right of usage set out in clause 4 above.
8.2. You represent and undertake that, except as may be permitted under applicable laws or expressly agreed by us, that you will not:
a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform or any related or associated documentation (“Documentation”) (as applicable) in any form or media or by any means; or
b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
c) access all or any part of the Platform and/or Documentation in order to build a product or service which competes with the Platform and/or the Documentation; or
d) use the Platform to provide services to third parties; or
e) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Platform (or any part thereof) available to any third party; or
f) attempt to obtain, or assist third parties in obtaining, access to the Platform, other than via an agreement with us.
You agree to defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Platform and/or your breach or non-compliance with these Terms.
10.1. Except as expressly and specifically provided in these Terms all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded.
10.2. Nothing in this Agreement excludes liability (i) for death or personal injury caused by our negligence; (ii) for fraud or fraudulent misrepresentation, or (iii) which we may not exclude under applicable law.
10.3. You agree that (i) you are an authorised user only, (ii) your rights to use the Platform derive solely from the rights of the Sportmarket Pro™ account holder under whose authority you are issued with a username and password (‘Account Holder’), (iii) Sportmarket Pro™’s sole liability shall be to the Account Holder, and (iv) you will have no rights against Sportmarket Pro™, contractual or otherwise, and you hereby expressly waive all such rights. Without prejudice to the foregoing and subject to clauses 10.2 and 10.3:
a) Sportmarket Pro™ shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits (direct or indirect), loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising; and
b) Sportmarket Pro™’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, to the Account Holder (including all authorised users) shall be limited to: €2,500 (two thousand five hundred Euros).
11.1. Without prejudice to any other rights we may have, we may terminate your access to the Platform at any time and for whatever reason.
13.1. You agree to keep secret any confidential information received from us, namely any information which is confidential in nature or is marked as such, including information and material relating to our business, financial information, betting information and history, intellectual property rights, business processes, supplier relationships, client details and activities under these Terms (‘Confidential Information’). For the avoidance of doubt, the Platform and the Software (including all related information and data) are confidential.
13.2. You agree not disclose to disclose any Confidential Information to any third party without our prior written consent, to store all Confidential Information in a secure place when not in use and safeguard Confidential Information in a manner no less secure than that you apply to your own confidential information of the same or similar nature, and to use the Confidential Information only for the purpose of using the Platform in accordance with these Terms.
13.3. Confidential Information will not include information that you can demonstrate on reasonable grounds (i) was previously known by you without any obligation to hold it in confidence, (ii) is independently developed by you without reference to the Confidential Information; (iii) is or becomes available to the public through no breach of these Terms; (iv) is required to be disclosed by law, regulations, valid order of a court or other governmental body, provided that you will use commercially reasonable efforts to notify us in advance of such required disclosure; or which is lawfully received, without restriction, against disclosure, from a third party free to disclose such information.
14. Force majeure
We shall have no liability for any delays or failures which result from circumstances beyond our reasonable control.
We may amend the Terms by posting the amended terms on the Website.
The rights granted under these Terms are personal to you and you may not sell, assign, delegate, subcontract, mortgage, charge or otherwise transfer any or all of your rights and obligations without our prior written agreement. Sportmarket Pro™ may at any time assign, novate, delegate, subcontract, mortgage, charge or otherwise transfer any or all of its rights and obligations under this Agreement without your consent.
17. Entire agreement
You confirm that you have not entered into these Terms on the basis of any representation that is not expressly set out herein. Nothing hereby excludes liability for fraud.
If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms.
19. Law and jurisdiction
These Terms (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms) shall be governed by and construed in accordance with English law. The Parties agree that the English Courts shall have exclusive jurisdiction to hear and settle any action, suit, proceeding or dispute in connection with these Terms and irrevocably submit to the jurisdiction of such court.
Sportmarket Pro - Acceptable Use Policy
This Acceptable Use Policy (AUP) governs your use of Sportmarket Pro™’s Platform available via the Website. Unless otherwise indicated, capitalised terms not defined in this document shall bear the definitions set out in our General Terms.
By using or applying for use of the Platform, you agree to abide by the terms of this AUP, which is incorporated into any agreement between you and Sportmarket Pro™.
1. Prohibited Uses - Overview
You may use the Platform only for lawful purposes. You may not use it:
in any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
for the purpose of harming or attempting to harm anyone, including minors, or in any manner which will, or is likely to, infringe the personal rights of others;
in any manner that will, or is likely to, infringe the copyright, trademark, trade secret or other intellectual property rights of others;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
in connection with any defamatory, indecent, obscene, offensive, threatening or abusive conduct or activity;
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, bots, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
in any way that is inconsistent with our Terms.
2. Specific Prohibitions
Without prejudice to the generality of the principles set out above, unacceptable use includes, but is not limited to, the following:
use which causes damage, detriment or disruption to our business, including the Platform, and/or the business or activities of our clients, or which may generate or create any liability for us or our clients.
use of the Platform to manipulate a market in a way that is linked to a sports event that is played to a completely or partially pre-determined result (i.e. use relating to match-fixing).
use of the Platform to bet against any sports team in which, either directly or indirectly, you have an interest, e.g. as employee, director, chairman or shareholder.
use of any methods or techniques for extracting data from the Platform without our consent (e.g. data scraping or data mining).
deceptive practices or ways of working.
actions that restrict or inhibit anyone in their use or enjoyment of the Platform.
causing or attempting to cause security breaches or disruptions of Internet communications (e.g. accessing data of which you are not an intended recipient, or logging into a server or account that you are not expressly authorized to access).
executing any form of network monitoring that will intercept data not intended for you.
circumventing user authentication or security of any host, network or account.
interfering with or denying service to any user (e.g., denial of service attack).
using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user's terminal session.
furnishing false or incorrect data of any kind.
sending junk mail or other advertising material to individuals who did not specifically request such material.
exporting or re-exporting data or content in violation of export or import laws or without all required approvals, licenses and exemptions.
Sportmarket Pro™ will determine, in its discretion, whether there has been a breach of this AUP by you. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this AUP constitutes a material breach of the Terms, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use the Platform.
Immediate, temporary or permanent removal of any data, content or other material provided by you.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement and other regulatory authorities.
We exclude liability for actions taken in response to breaches of this AUP. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
4. Changes to this Policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Amendments shall automatically come into effect immediately after being posted on the Website unless you notify us that you do not agree to any of the proposed amendments. Some of the provisions contained in this AUP may also be superseded by provisions or notices published elsewhere on our Website.
5. Waiver and Severance
Any failure or delay in exercising or enforcing this policy shall not constitute a waiver of this policy or of any other right or remedy.
If you have any questions concerning compliance with this AUP, please contact Sportmarket Pro™ at firstname.lastname@example.org.