It is really important that you read and understand the Game Rules before placing a Bet, particularly as these may change from time to time. They may also have a material influence on whether and how you place any Bet and/or otherwise use the Service.
PLEASE ALSO READ THE SECTIONS AND CLAUSES HIGHLIGHTED IN BOLD VERY CAREFULLY: CLAUSES 4.2, 9.3, 10.1, 10.5, 18.5 AND 22.
Table of Contents
- INTRODUCTION 3
- 2 DEFINITIONS & INTERPRETATION 3
- ACCEPTANCE OF OUR TERMS OF SERVICE 4
- OUR RIGHT TO AMEND THESE TERMS OF SERVICE 4
- CHANGES TO THE SERVICE 5
- AVAILABILITY AND USE OF OUR SERVICE 5
- REGISTERING AN ACCOUNT 6
- PASSWORD AND ACCOUNT SECURITY 7
- DEPOSITS & WITHDRAWALS 7
- PLACING BETS 9
- SUSPICIOUS BETTING 10
- VOIDING BETS 11
- WINNINGS & PAYMENT 12
- YOUR FUNDS 12
- ERRORS & SUSPECTED ERRORS 12
- CHARGE-BACKS 13
- FRAUD 13
- RESPONSIBLE GAMBLING 13
- CLOSURE OF ACCOUNTS 14
- INTELLECTUAL PROPERTY IN OUR WEBSITE AND THE CONTENT 14
- USER GENERATED CONTENT 14
- LIABILITY 15
- YOUR PRIVACY AND COOKIES 16
- LINKS TO THIRD PARTY WEBSITES 17
- GENERAL 17
- NOTICE 17
- COMPLAINTS AND DISPUTES 18
1.1 Welcome to “Football INDEX” which is provided to you by BetIndex Limited ("BetIndex”, “us”, “we” or “our”). Our registered office is at Maxwell Chambers, 35-39 Colomberie, ST HELIER, JE2 4QB and our registered number is 119040.
1.3 In addition to these Terms, your use of the Service may also be subject to the following: (a) the Game Rules; and (b) any additional rules which appear on the Website and/or our App, including the 'help' webpage, FAQs, or other instructions in connection with the Service available on the Website or on our App. (together, the “Terms of Service").
1.4 If there is any conflict or inconsistency between: (a) these Terms; (b) the Game Rules; (a) any additional rules or other instructions in connection with the Service available on the Website or on our App (such as promotion terms), they shall prevail in that order.
1.5 We are licensed by the Jersey Gambling Commission and by the UK Gambling Commission, Remote Operator Licence Number: 043061-R-322161-004.
2 DEFINITIONS & INTERPRETATION
2.1 “Account” refers to a Football INDEX account held by an Account Holder.
2.2 Account Holder” is an individual who has opened an Account on the Website or via the App.
2.3 “App” is defined in the introduction.
2.4 “Bet” refers to you placing a fixed odds bet with us on a footballer (which we also refer to as a Share in a footballer).
2.5 “BetIndex" is defined in the introduction.
2.6 “Buzz” refers to the Media Buzz and Performance Buzz - see Game Rules for more information.
2.7 "Card" refers to all types of cards with a function of "payment", "charge", "debit", "credit", "virtual", and/or other payment instrument.
2.8 “Content” shall mean all information, data, images, photographs, videos, text and other content displayed on the Website, the App and/or the Service (including the Third Party Content):
2.9 “Dividend” is a payout paid by us to you at the Pay Out Time if a footballer wins the Buzz in accordance with the Dividend Table, as defined in the Game Rules.
2.10 “Inactive Account” refers to an Account where the user has not placed a Bet for more than  months.
2.11 “Force Majeure" refers to any occurrence or condition beyond our reasonable control which leads to a delay or default in the performance of the affected party's contractual obligation and, includes Acts of God, government restrictions (including the denial or cancellation of any necessary licence where such denial or cancellation is made through no fault of the affected party), wars, outbreak of hostilities, riots, civil disturbances, insurrections, acts of terrorism, fire, explosions, floods, theft, malicious damage, strikes, lockouts, delay and failure of supplies and sub-contractors, power outages, internet outages and/or any other cause beyond the reasonable control of the party whose performance is affected.
2.12 “Game Rules” are the rules that govern the use of the Service.
2.13 “Pay Out Time” is between 12:00am (London time) and 3:00am (London time).
2.14 “Regulator” is the UK Gambling Commission, which is a regulatory authority established by the laws of England and Wales to govern all forms of gaming in the United Kingdom. For more information, please go to www.gamblingcommission.gov.uk.
2.15 “Service” is defined in the introduction.
2.16 “Share” is a Bet (when placing a Bet you do not own the footballer in terms of genuine equity or have any rights over the actual footballer. Please refer to the Game Rules for more information.
2.17 “Terms of Service” is as defined in the introduction.
2.18 “Third Party Content” means any content available on the website belonging to a third party including the names and images of any sports teams, event organisers, or players displayed on the Website or on the App.
2.19 “user” or “you”, “your” refers to a visitor of the Website and/or the App, an Account Holder or customer as applicable.
2.20 "Website" is defined in the introduction.
2.21 All references to “including” shall mean “including without limitation”.
2.22 All references in the Terms of Service to the singular shall include the plural and vice versa.
2.23 All references to “the” shall include “a/an” and vice versa.
3 ACCEPTANCE OF OUR TERMS OF SERVICE
3.1 By opening or logging into, or otherwise using Football INDEX, or otherwise using the Service, you confirm that you have read, understand and agree to be bound by the Terms of Service (including for the avoidance of doubt the Game Rules).
3.2 You must review these Terms of Service each time you use the Service and print a copy of them for your future reference.
3.3 If you do not agree with these Terms of Service, you must not click the acceptance button and you may not use the Service.
4 OUR RIGHT TO AMEND THESE TERMS OF SERVICE
4.1 We may update the Terms of Service from time to time. The revised Terms of Service will be made available on the Website and the date of revision made clear. We may present a "pop-up" or similar feature when you log on to the Service, which you will be required to accept before continuing further.
4.2 You should pay particular attention to the latest Game Rules made available on the Website as changes to these may have a material influence on whether and how you place any Bet and/or otherwise use the Service.
4.3 You are responsible for regularly reviewing these Terms of Service so that you are aware of any changes. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to (or cannot comply with) the Terms of Service as amended, please do not use the Service.
5 CHANGES TO THE SERVICE
We reserve the right to change or remove any aspect of the Service at any time, including the ability to alter prices, features, specifications, capabilities, functions and/or other characteristics of the Bets. Any changes to the Service will explained on the Website, or via the App, or by email using the latest contact details provided by you. Please see “Announcements” section in the Game Rules, which explains how we may announce any future material changes to the Service and/or the Game Rules.
6 AVAILABILITY AND USE OF OUR SERVICE
6.1 We reserve the right to withdraw or amend the Service without notice for legal, regulatory and commercial reasons. You are responsible for making all arrangements necessary to access our Service.
6.2 You must not:
(a) interfere with, or disrupt, the Service or any servers or networks connected to the Service, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Service is rendered or displayed in your browser or device;
(b) access the Service via a means not authorised in writing in advance by us, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);
(c) attempt to restrict another user of the Service from using or enjoying the Services and you must not encourage or facilitate the breach of these Terms of Service by others;
(d) use the Service for any illegal or unauthorised purpose; or
(e) change, modify, adapt or alter the Service or Content or change, modify or alter another website so as to inaccurately imply an association with the Service or with us.
6.3 Use of the Service is subject to your computer and/or device complying with our minimum standard technical specifications and compatibility requirements. You are advised to check this specification to ensure that your computer and/or device is compatible with the Service.
6.4 By using our Service, you confirm and agree that:
(a) you are at least 18 years old;
(b) you confirm that you will not access the Service from outside the UK where it is unlawful for you to do so, and you are in any event responsible for complying (and will comply) with the laws and regulations from which you access the Service;
(c) are resident in the UK;
(d) you are legally capable of entering into binding contracts;
(e) are a physical person (a legal entity will not be accepted as an Account Holder);
(f) are not a professional player in any sport, competition or league where we offer betting;
(g) are not acting on behalf of another party;
(h) are not classified as a compulsive problem gambler, and/or included (whether voluntarily or involuntarily) on any register or database of excluded players;
(i) are not depositing monies originating from criminal and/or other unauthorised activities;
(j) are not depositing monies through a Card and/or bank account which you are not authorised to use and/or utilising a Card and/or bank account in a jurisdiction in which betting and gaming are prohibited;
(k) are not conducting criminal activities whereby an Account is directly or indirectly involved;
(l) are not holding an active account with another legal entity which is part of the same group as BetIndex;
(m) will maintain your Account details up-to-date in terms of the following: first and last name, country of residence, valid email address and phone number;
(n) you are not prohibited for any reason from betting with us or from using the Service;
(o) any information provided in your application form is true, complete and correct;
(p) will not open more than one Account with us; and
(q) you have not excluded yourself, and neither we nor any other operator has excluded you, from gambling. 6.5 The availability of our Service does not constitute an offer, solicitation or invitation by us for the use of our Service in any jurisdiction in which such use is prohibited by law. We shall not be liable for any breach of any local, national, federal, state or other laws that may occur as a result of your using the Service. 6.6 If you are found to have breached any of the Terms of Service:
(a) we may cancel any Bet you may have placed;
(b) we shall not be obliged to pay any sums to you which might otherwise have been payable in respect of any Bet you placed; and
(c) we may refer the matter to the police, crime prevention bodies, guardians, and/or family members, or any appropriate regulatory authority.
7 REGISTERING AN ACCOUNT
7.1 To open an Account, you must provide the following information and other information in the Account opening form:
(a) your date of birth (showing that you are over eighteen (18) years of age);
(b) your first and last name;
(c) your place of residence;
(d) your valid email address; and
(e) a confidential username and a password.
7.2 When applying to become an Account Holder you must not be under the age of 18 years. We reserve the right to request proof of age and perform checks in order to verify the information provided. An Account may be suspended until satisfactory proof of age is provided.
7.3 If age verification cannot be satisfactorily completed within 72 hours of an application to open an Account, the Account will be frozen and no further gambling will be permitted until age verification has been satisfactorily completed and if, on completion of age verification, you are shown to be underage, any deposits, stakes will be returned and no winnings shall be paid.
7.4 It is your responsibility to ensure that all personal details (including contact details) are current and up-to-date, as failure to do so may result in Bets or payments being delayed, declined or payments being issued incorrectly. You can update your personal details via the Website and/or the App.
7.5 One Account is permitted per user. We reserve the right to close down any duplicate Accounts and to cancel any Bets on duplicate Accounts. We also reserve the right to suspend or close any Account and cancel any associated Bets where the Account Holder and the owner of the funding instrument are not the same. We may, acting in our sole discretion, decline to open an Account without any explanation.
7.6 If we discover, or have reasonable grounds to believe, that you are in breach of any of the Terms of Service we will not register you as an Account Holder, or where you have already been registered, we may with immediate effect suspend and/or close the Account. Where we close an Account, the provisions of clause 19 shall apply.
7.7 When opening an account, you confirm you understand and agree that:
(a) there is no requirement on you to use the Service, and such participation, if elected by you, is at your sole choice, discretion and risk; and
(b) you may only use the Service for individual, personal and not professional purposes.
7.8 If you have a query relating to your Account, it is your responsibility to notify us at the earliest opportunity, providing as much information as we may reasonably require.
8 PASSWORD AND ACCOUNT SECURITY
8.1 The username and password must be kept confidential by you. All Bets where your username and password (or such other criteria as may be required and as communicated to you) have been correctly entered (which may be as a result of your negligence) will be regarded as valid, provided that:
(a) the Bet meets the other criteria for placing a Bet as laid down in these Terms of Service; and
(b) we have no other reason to believe at the time of acceptance of the Bet that the Bet was not placed by you in accordance with these Terms of Service.
8.2 Please contact us immediately if you have lost or forgotten your Account details. You agree to inform us immediately (by telephone, where possible) if you believe that your Account information is being misused by a third party so that we may suspend your Account to prevent further misuse.
9 DEPOSITS & WITHDRAWALS
9.1 Except where we have credited monies to your Account as part of a promotion, you must deposit monies into your Account to participate in any real money Bets available via the Service. Details on how to deposit and withdraw money to and from your Account can be found on the Website.
9.2 Users can only make deposits and withdrawals from their Account in Pounds Sterling GBP (“GBP”).
9.3 As required by our anti-money laundering obligations and/or as part of our policy with regard to the source of funds placed on deposit, we reserve the right to raise queries regarding the source of any funds placed on deposit. We may, acting reasonably, suspend or terminate any Account where the response to such query/queries is not in our view satisfactory and/or may pass on such information as we deem necessary to any relevant authority.
9.4 Cheques or bank drafts will not be accepted by us. Once the balance on a deposit Account has been exhausted, no Bets will be accepted and any Bets taken in error will be declared void.
9.5 Minimum Account deposit (currently GBP 10) and maximum Account deposits may apply as stated on the Website from time to time. Interest is not payable on Account balances. Credit is not permitted. It is your responsibility to maintain sufficient funds in your Account, and to stake your Bets accordingly. If any Bet is inadvertently accepted where your Account doesn’t have sufficient funds to cover the whole of the Bet, we may either:
(a) void the Bet; or
(b) accept the Bet and require you to pay the shortfall.
9.6 Funds may be withdrawn from your Account by you provided that:
(a) those funds do not form part of any promotion, bonus or incentive payment (together, the “Promotion”) paid into your Account by us, except that any funds generated as a result of a Promotion may be withdrawn once the terms of the Promotion have been complied with;
(b) all payments made into your Account have been confirmed as cleared and have not been charged-back, reversed or otherwise cancelled;
(c) any identity checks we conduct, including those we are required to conduct pursuant to applicable anti-money laundering regulations and rules or other obligations are clear, including age verification. To this end we reserve the right to seek such other information as we might require in order to confirm your identity and compliance with these Terms of Service and any other applicable rules, laws or regulations. Additional verifications may be required in connection with certain services which may cause an additional delay when withdrawing funds; and
(d) you have complied with the rest of these Terms of Service.
9.7 We do not charge you for deposits or withdrawals, although you should check with your bank, mobile phone providers, and/or other payment service provider whether they will levy any charges.
9.8 You (and not us) are responsible for reporting or declaring any funds withdrawn, including any winnings, if such reporting is required by local law, tax or other authorities.
9.9 Any changes to your personal/Card details must be advised to us promptly. Failure to do so may result in your deposit or Bets being declined by your bank or being paid to the wrong person or Account.
9.10 As well as informing your bank or other card provider, please inform us as soon as is possible should your Card be lost or stolen.
9.11 If you or your bank advise us that your Card has been lost or stolen, no further Bets will be accepted on your Account until you contact us with further instructions with which we are comfortable.
9.12 We may use your payment instrument details to verify your identity as required pursuant to applicable anti-money laundering rules and regulations and/or other obligations, policies or procedures. Funds deposited from your Card will be credited to your Account as soon as is possible on receipt of an authorisation from your bank. It is your obligation to ensure that you keep these funds in your Card account until your bank deducts them.
9.13 We may at any time set off any amount on deposit in your Account against any amounts owed by you to us.
10 PLACING BETS
10.1 It is important that you read and understand the Game Rules to understand the betting terminology and how the various Bets and Football INDEX is operated. As explained in section 5, the Game Rules can change periodically. If you have any queries relating to the Game Rules, please refer to clause 27 below. We cannot accept any responsibility if you place a Bet in circumstances where you do not fully understand any of the terms involved or how the Bet or Football INDEX is operated.
10.2 You can only bet up to the amount held within your Account or allowed by your bank, whichever is the lesser. The minimum and maximum number of Bets that may be purchased by you is determined exclusively by us and is detailed on the Website.
10.3 We reserve the right to accept or decline the whole or part of any proposed Bet.
10.4 Bets placed by Card or any other means do not become valid until we have received payment or unless, at our discretion, we allow the Bet subject to authorisation. If payment has not been received before an event commences, that Bet is automatically void unless we expressly communicate otherwise to you (in writing) at the time of the attempted placing of the Bet.
10.5 Each Bet purchased by you constitutes a separate Bet. Bets will be valid (subject to meeting the criteria for placing a Bet laid down in the Terms of Service) if accepted by us. If you have any concern as to whether your Bet has been accepted, please log in and go to the ‘Account → Transaction History' page of the Website where details of all Bets staked by you will be displayed. We are not liable for the settlement of any Bets where we have not credited your Account with the Bets. It is your responsibility to ensure that all of the details of your Bets are correct. Once a Bet has been credited to your Account, that Bet cannot be cancelled by you.
10.6 You must exercise your own judgement in purchasing a Bet.
10.7 Bets must be made via the Website and/or via the App.
10.8 Any special offers or promotions are available at our discretion and can be restricted on an individual Account basis, or withdrawn, at any time. Promotions will be subject to their own terms and conditions which will be made accessible via the Website or otherwise communicated to you.
10.9 If there is a dispute over the time at which a Bet was placed or whether a Bet has been placed, then the time at which it was recorded (if recorded) on the transactional log will govern settlement. If an attempted Bet was not recorded on the transactional log, no Bet shall be deemed to have been placed. You should check your Account each time you use the Service.
10.10 It is a condition of our acceptance of Bets from you, and by offering to place a Bet with us you represent that:
(a) you are not prohibited from entering into the Bet by any term of your contract of employment or these Terms of Service; and
(b) you do not know the outcome of the Bet.
10.11 If any representation made by you in clause 10.10 proves to be false, your stake shall be forfeited and we shall not be obliged to pay any winnings which might otherwise have been payable in respect of the Bet.
11 SUSPICIOUS BETTING
11.1 For the purpose of this clause 11, “suspicious betting” shall refer to where we have reasonable grounds to believe that a Bet or a number of Bets have been placed in suspicious circumstances. Suspicious betting shall include:
(a) where there is an unusual frequency and/or highly unusual pattern of Bets (by comparison with betting norms) placed on the same selection in a short space of time;
(b) where there is an inordinate frequency and/or highly unusual pattern of Bets placed on the same selection and where the theoretical probability of said selection winning at the time of the Bet placement, based on the odds offered on the selection at the time of Bet placement, is largely inconsistent with the theoretical probability of the same selection winning calculated using their starting prices;
(c) where we have reasonable grounds to suspect that a Bet or a string of connected Bets were placed robotically, by automated means, or otherwise than through the Account holder placing each Bet manually via their Account;
(d) where we reasonably believe that you have used unfair external factors or influences connected with the footballer or footballers (as applicable) the subject of any Bets;
(e) where we reasonably suspect that you have opened duplicate Accounts or where we reasonably suspect that second or subsequent Accounts are under common control with your Account with a view to concealing the true worth, nature or pattern of Bets placed by you or on your behalf, even if second or subsequent Accounts are opened under different names;
(f) where we otherwise believe, acting reasonably, that you are acting in concert with others or that you are acting other than on your own behalf; or
(g) where we reasonably believe that Bets have been placed from a location or device other than the location or device which you claim to have used to place a Bet.
11.2 In the case of any of the activities contemplated by clause 11.1, we may, acting reasonably, and depending on the circumstances:
(a) request such further information from you as may reasonably be required by us to investigate whether the Bet constitutes suspicious betting for the purpose of clause 11.1;
(b) suspend or withhold payment of any amounts to you pending the receipt by us of satisfactory evidence from you in order for us to determine (acting reasonably) that a Bet does not constitute a suspicious bet as such term is referred to in clause 11.1. For example, where we suspect that a Bet or a string of connected Bets may have been placed robotically or by automated means, we may require you to provide reasonable evidence that each Bet was placed manually by you via your Account. We may reserve the right, at our sole discretion, to collect and process any information in connection with your betting patterns, personal data, depositing of funds and any other related information and enquiries that will help us to investigate any suspected breach of these Terms of Service;
(c) suspend or withhold payment of any amounts to you, usually for no longer than 30 days but where relevant for such longer period of time as may reasonably be required (for example, pending any investigations by us, a gambling regulator, a law enforcement authority or any other third party); or
(d) void a Bet or a string of connected Bets. Where possible, we shall keep you informed of any such action or requests.
11.3 Where we have reasonable grounds to believe that you have participated in, or have been connected with, any type of suspicious betting, we shall use our reasonable endeavours to investigate such matter, including but not limited to through the use of various collusion, suspicious betting, fraud and cheating detection practices which are used in the gambling industry.
11.4 We reserve the right to seek to recover from you any losses we suffer that are directly or indirectly connected to any of the activities contemplated in clause 11.1. This right is without prejudice to any other rights (including common law rights) that we may have against you, whether under these Terms of Service or otherwise.
12 VOIDING BETS
12.1 We may be required by law to conduct certain checks on users or those applying to open a new Account. Where we are required by law or otherwise determine to close an Account for a breach of these Terms of Service:
(a) all previous Bets will be voidable at our option and any winnings which you have accrued will be forfeited by you and you will return to us on demand any such funds which have been withdrawn from your Account;
(b) stakes for Bets will be returned to you except as otherwise stated in these Terms of Service, including if any outstanding charge-backs or any other amounts owed to us at that time or if you are found to be underage as set out in clause 12.1(c).
(c) If it is found that a user is underage, no winnings can be paid out and any bets placed will be returned to the user.
12.2 We may suspend or terminate your Account and/or cancel any Bets placed by you at our discretion if:
(a) we suspect that you, or any group of people acting in conjunction with each other:
(i) are engaging in illegal or fraudulent activity while using our Service;
(ii) are engaging in activity in an attempt to defraud us;
(iii) are breaching any term of these Terms of Service;
(iv) are taking unfair advantage over us or any other user or are otherwise acting in an unfair manner (for example, by exploiting a fault, loophole or error in our software, by collusion or by any other means);
(v) may be having difficulties obtaining credit, have become bankrupt or that you may have self-excluded;
(vi) are engaging in any of the activities described in clause 11.1 in connection with that Account; or
(b) we are required to do so by law.
12.3 Irrespective of whether we suspend or terminate an Account and notwithstanding any other provisions in these Terms of Service, we may decide to cancel or void any Bets at our absolute discretion where:
(a) there is a technological failure; or
(b) where in our judgement, acting reasonably, there is a manifest error in the terms of a Bet offered to, or placed by, any party.
12.4 Where a Bet is deemed to be, or is declared, void by us prior to the Pay Out Time, any stake deducted from your Account with respect to that Bet shall be credited to your Account.
12.5 We may, at our sole discretion, exclude any user from the Service generally or from receiving selected promotions (e.g. bonuses; free bets; enhanced prices; and money-back specials) and any other promotions and offers introduced by us from time to time.
13 WINNINGS & PAYMENT
13.1 Except as stated in these Terms of Service, all cleared winnings will be credited to your Account at the Pay Out Time. All payments made to you as part of a withdrawal of funds will be made to the latest Card used to deposit monies with us.
13.2 Your bank or other payment service provider can take up to 5 working days to return withdrawals to your Card. Our preferred method of payment is to return funds directly to the Card used to make the deposit.
13.3 Results will be as published and confirmed by us on the Website and/or the App each day. Each time you win a Bet, we may send an email to the most recent email address notified to us when you set up your Account, confirming the amount of Dividend that will be paid to you.
14 YOUR FUNDS
14.1 We are required by our licence to inform you about what happens to funds which we hold on account for you, and the extent to which funds are protected in the event of insolvency. We hold user funds separate from company funds in an investment bank account. This means that steps have been taken to protect your funds but that there is no absolute guarantee that all funds will be repaid in the event of insolvency. This meets the Regulator's requirements for the segregation of user funds at the level: medium segregation.
14.2 Sums deposited in your account will be held within a standalone trading account held in the name of BetIndex Limited. This account is separate to BetIndex Limited general trading account and is used for all of BetIndex Limited users. Only trading deposits and withdrawals will be processed within this account. We are required by our licence to inform you about what happens to funds which we hold on account for you, and the extent to which funds are protected in the event of insolvency, this can be seen at http://www.gamblingcommission.gov.uk/for-the-public/Your-rights/Protection-of-customer-funds.aspx . We hold user funds separate from company funds in a standalone bank account and in reserve funds which we hold with our payment processors. This means that steps have been taken to protect your funds but that there is no absolute guarantee that all funds will be repaid in the event of insolvency. This meets the Regulator's requirements for the segregation of user funds at the level: medium segregation.
15 ERRORS & SUSPECTED ERRORS
15.1 We make every effort to ensure that no errors are made in prices offered or Bets accepted. However, human and/or systems' error may occasionally result in errors.
15.2 We reserve the right to correct any reasonably obvious errors and to void any Bets placed and/or Dividends paid to you where such have occurred.
15.3 In the case of any reasonably obvious errors in prices made available, Bets will be settled at the price that we intended to make available at the time of acceptance.
15.4 Should funds be credited to your Account in error, it is your responsibility to notify us of the error without delay. Any winnings subsequent to the error and prior to notifying us, whether linked to the error or not, shall be deemed invalid and returned to, or otherwise be reclaimable by, us.
15.5 Any monies which are credited to your Account, or paid to you as a result of an error shall be deemed, pending resolution under clause 15.2 to be held by you on trust for us and shall be immediately repaid to us. Where such circumstances exist, if you have monies in your Account we may reclaim these monies from your Account pursuant to clause 9.13. We agree that we shall use reasonable endeavours to detect any errors and inform you of any such errors relating to you, your engagement with us, or your Account, as soon as reasonably practicable.
15.6 As soon as you suspect or become aware of an error you shall:
(a) immediately cease play; and
(b) inform us as soon as reasonably practicable of any such error or suspected error.
15.7 Where you have used monies which have been credited to your Account or awarded to you as a result of an error to place Bets, we may cancel such bets and/or withhold any winnings which you may have won with such monies, and if we have paid out on any such, such amounts shall be deemed to be held by you on trust for us and shall be immediately repaid to us.
You shall ensure that no charge-backs or other cancellation of deposits will be made relating to your Account without our consent. You agree to reimburse us any costs we would incur as a result of you breaching this clause.
17.1 We reserve the right to seek criminal or other sanctions against you if we suspect you have engaged in fraudulent, dishonest or criminal acts and we may disclose such information to the relevant authorities or other relevant third parties (for example, payment service providers) as may be necessary in this regard.
17.2 We reserve the right to suspend or terminate any Account it we believe you are involved in fraud, money laundering and/or any other form of illegal or suspicious activities and to report such details as it reasonably considers are necessary to relevant authorities.
18 RESPONSIBLE GAMBLING
18.1 We provide a self-exclusion facility to help you if you feel that you have developed a gambling problem.
18.2 On the Website and/or the App you may choose to limit the maximum amount you can deposit in any given day. If you decrease the limit, that change will be immediate. If you increase your limit, there is a mandatory 24 hour delay before that takes effect. After the 24 hour delay has expired, you must confirm that you still want to increase your limit when you next log in to your Account.
18.3 At your request, we will as soon as is reasonably practicable apply best practices to prevent you from using your Account for a minimum period of 6 months and for a maximum period of at least 5 years. To this end, we may retain such personal data as is necessary to implement the facility as effectively as possible, including for example your name, address and Card details.
18.4 Our self-exclusion facility involves a joint commitment between us and you. We will take reasonable steps to prevent you re-opening your Account or opening a new Account but you must not attempt to re-open your Account or to try and open new Accounts. We shall not be liable if you circumvent our self-exclusion procedures and continue to use our Service or if you continue to gamble with any third party.
18.5 To activate our self-exclusion facility, please use the Responsible Gambling section of your Account on the Website and/or the App, or contact customer services by telephone at 0800 066 2650
18.6 . If you wish to gamble again after any self-exclusion period has ended, you must contact email@example.com to request this. You will then be provided with a 24 hour cooling off period before you will be able to access your account.
18.7 Gambling can be addictive. If you need help to overcome any possible addiction, you should follow this link to the Responsible Gaming page of the Website.
19 CLOSURE OF ACCOUNTS
19.1 Please contact us if you wish to close your Account.
19.2 We may close or suspend your Account if your Account becomes an Inactive Account. Inactive Accounts may incur a charge, including a charge to compensate us for the costs incurred in maintaining such Inactive Accounts (see “Charges Table” for more information). Such charges when applied will be settled in accordance with clause 9.13 but no such charges will be set off from your Account prior to our having made reasonable efforts to contact you in advance of the incurrence of such a charge. If you have any queries regarding Inactive Accounts, please contact customer services for further information.
19.3 We are entitled to close your Account at our discretion and without having to disclose any reasons, and where deemed necessary on written notice (or attempted notice) to you using the contact details you have provided. Any balance in your Account will be made available to you, subject to your having complied with the Terms of Service.
20 INTELLECTUAL PROPERTY IN OUR WEBSITE AND THE CONTENT
The design of the Website and the App and all software contained within the Website and the App and the Content are protected by copyright, trade marks, patents and other intellectual property rights and laws. Neither the design of the Website nor the App nor the Content may be copied, reproduced, transmitted, stored, sold or distributed without our prior written consent.
21 USER GENERATED CONTENT
21.1 Certain aspects of the Service may invite or permit you to upload your own content ("User Generated Content"). We do not exercise editorial control over, and therefore do not endorse any, User Generated Content, and we shall not be liable in relation to such User Generated Content. You understand and agree that you are solely responsible for your User Generated Content.
21.2 For any User Generated Content you provide, you shall ensure that such content:
(a) is an original work created by you or you have a licence or the express consent of the owner to use the User Generated Content in that manner;
(b) does not infringe any third party intellectual property rights or privacy rights anywhere in the world;
(c) does not contain any defamatory or otherwise inappropriate materials or statements;
(d) does not contain any form of malicious computer code (e.g. viruses, bugs, trojan horses etc.) which could disable or disrupt any of the Service;
(e) complies with all applicable laws and regulations; and
(f) may be used in connection with publicising and promoting us and our Service.
21.3 Any User Generated Content you provide will be considered non-confidential and lawfully provided by you and you are automatically deemed to have granted us an irrevocable, transferable, royalty-free licence to copy, exhibit, publish, distribute or otherwise use and sub-licence that User Generated Content as we see fit, including for commercial purposes. Such uses may include in printed publications, multimedia presentations, on Website or on the App or in any other distribution media. You agree that we may also use your name, likeness and any other biographical information contained in such User Generated Content as we see fit, including for commercial purposes. In addition, you waive any right to inspect or approve the finished product, including written copy, wherein your likeness or testimonial appears. For the avoidance of doubt, you agree that you will make no monetary or other claim against us for our use of your User Generated Content.
21.4 If you have any issues with User Generated Content provided by any other users or if you would like to discuss our use (or non-use) of your User Generated Content, please let us know by contacting us here. We reserve the right (but are not obliged to) to edit or remove User Generated Content.
22 LIABILITY PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT IMPORTANT INFORMATION CONCERNING OUR LIABILITY TO YOU AND YOUR LIABILITY TO US:
22.1 We agree to provide the Service with reasonable skill and care and as described in these Terms of Service.
22.2 Except as stated in these Terms of Service, the Service is provided without further warranty of any kind. All conditions, warranties, representations and terms implied by law, custom or otherwise are excluded by us to the fullest extent permitted by applicable law.
22.3 You acknowledge that we cannot guarantee that the Service will:
(a) meet your requirements;
(b) stay the same (as we might change the Service or remove it altogether);
(c) be compatible with all or any hardware or software which you may use;
(d) be available all the time or at any specific time;
(e) be accurate, up-to-date or reliable; or
(f) be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.
22.4 You also acknowledge that:
(a) we cannot guarantee the performance or security of our Service; and
(b) we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Service to the fullest extent permissible by law.
22.5 Nothing in this section 22 shall have the effect of excluding or limiting either our liability or your liability for fraud or for death or personal injury caused by our/your negligence (as applicable).
22.6 You accept that by using the Service, there is a risk that you may, as well as winning money, lose money. You acknowledge and agree that your use of the Service is at your own risk and we accept no responsibility and shall not be liable for any consequences that are alleged to have occurred through your use, or misuse, of the Service.
22.7 We do not acknowledge or accept any liability for damage and/or losses to you and/or a third party caused due to any:
(a) mistake, misprint, transaction error, technical failure, in each case to which arises in circumstances beyond our reasonable control (including arising from incorrect or incomplete data from a third party provider);
(b) cancellation of a game for any reason beyond our reasonable control;
(c) Force Majeure;
(d) violation of the Terms of Service by you or a third party;
(e) collusion and/or criminal actions by you or a third party;
(f) advice or recommendations provided by us or third party via the Service;
(g) loss of content or material uploaded or transmitted through the Website or the App and you confirm that we shall not be liable to you or any third party for any modification to, or suspension or discontinuance of, the Service;
(h) loss that you may incur as a result of misuse of usernames or passwords or from any unauthorised use of your Account, whether fraudulent or otherwise;
(i) Bet not being placed for any reason (unless as a result of negligence by us) or you being disconnected from the Service, including but not limited to failure or disconnection of computer, telecommunications services, internet or otherwise, and the balance of your Account will at all times be as is recorded on our server; and
(j) loss arising from changes in prices of footballers resulting from any announcement we make (see Announcements section in the Game Rules).
22.8 We shall not be liable to you in contract, tort (including negligence), breach of statutory duty or however arising for:
(a) loss of data;
(b) loss of reputation;
(c) loss of opportunity;
(d) loss of goodwill; or
(e) any indirect or special loss.
22.9 Subject to clause 22.10 and our obligation to pay your winnings properly achieved in accordance with these Terms of Service, our total liability to you in respect of all losses arising under or in connection with any wager or bet placed by you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall (to the fullest extent permissible by law) in no circumstances exceed the amount of the relevant wager or bet placed by you that gave rise to the claim.
22.10 Nothing in these Terms of Service shall limit or exclude our liability for any liability for which it would be unlawful for us to exclude or restrict liability including but not limited to:
(a) death or personal injury caused by our negligence;
(b) our fraud or fraudulent misrepresentation; and
(c) any breach of the terms implied into contract by the following sections of the Consumer Rights Act 2015: section 34 (digital contents to be of satisfactory quality), section 35 (digital content to be fit for particular purpose), section 36 (digital content to be as described), section 37 (other pre-contract information included in contract) or section 41 (trader’s right to supply digital content).
22.11 Nothing in these Terms of Service shall affect your statutory rights as a consumer.
24 LINKS TO THIRD PARTY WEBSITES The Service may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such websites. We recommend you review those websites’ terms and conditions and privacy policies to ensure you are happy to use them.
25.1 Failure by us to insist upon strict performance of any of your obligations or to exercise any of the rights or remedies to which we are entitled shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations and a waiver by us of any default shall not constitute a waiver of any subsequent default.
25.2 These Terms of Service and any documents referred to herein represent the entire agreement between us and you and supersede any prior agreement, understanding or arrangement, whether oral or in writing. We each acknowledge that we have not relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us except as expressly stated in these Terms of Service.
Transfer of rights and obligations
25.3 You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with your use of the Service, without our prior written consent.
25.4 You agree that we may transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with the Service.
25.5 You also agree that we may use third parties and sub-contract our obligations provided that we remain responsible to you for the performance of these Terms of Service. Severance
25.6 If any of these Terms of Service should be found to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be removed and the remaining terms shall survive and remain in full force and effect and continue to be binding on and enforceable by both of us. Third party rights 25.7 A person who is not a party to these Terms of Service has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms of Service but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.
26.1 All notices given by you to us must be given to BetIndex Limited at Maxwell Chambers, 35-39 Colomberie, ST HELIER, JE2 4QB or via e-mail at firstname.lastname@example.org.
26.2 We will give notice to you via the Service or using the contact information you provided to us as part of your registration.
26.3 Notice will be deemed received and properly served immediately when posted to the Service, 24 hours after an e-mail is sent, or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to, and received by, the e-mail address provided by the addressee.
27 COMPLAINTS AND DISPUTES
27.1 If you have any queries at all regarding the Service, the items featured on the Service or any of the Terms of Service, please follow this link https://footballindex.zendesk.com/hc/en-us and/or contact us by:
(a) sending an e-mail to email@example.com;
(b) calling us on 0800 066 2650 or
(c) writing to us at Football INDEX, BetIndex Limited, Maxwell Chambers, 35-39 Colomberie, ST HELIER, JE2 4QB marking your letter for the attention of the Chief Executive Officer.
27.2 Any queries relating to a Bet must be raised within a reasonable time period after the Bet has been settled. We cannot guarantee that we will be able to respond to your query if it is not raised within this time.
27.3 We will make every effort to resolve the matter in a mutually satisfactory manner. Upon initial receipt of a complaint our customer service staff will attempt to resolve your issue within 72 hours, if this is not possible your complaint will be escalated to our customer service manager. You will be informed about your complaints current consideration status. We will attempt to resolve the matter with you in a mutually satisfactory manner within 28 days. However, if you are still dissatisfied, you should refer your dispute to IBAS, email: firstname.lastname@example.org or write to IBAS, PO Box 62639, London, EC3P 3AS. By agreeing to determination by IBAS, both parties agree to be bound by any decision reached by IBAS, subject to fair proceedings.
27.4 You may also use the European Commission's Online Dispute Resolution (“ODR”) platform available at http://ec.europa.eu/consumers/odr/. However, by using the ODR platform you will be directed to the relevant arbiter and this may prolong the process of resolving your dispute.
27.5 These Terms of Service and the use of the Service generally and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England. Last updated: 24/08/2017 at 11:00 BST.