PLEASE BE AWARE:
- We may publish a new Dividend Table from time to time, with at least 30 days' notice. The new Dividend Tables will thereafter apply to all open Bets and new Bets placed across all competitions, until subsequently replaced by the subsequent versions of the Dividend Table (subject to any further or special promotional Dividends we may offer from time to time). Each new Dividend Table may include changes to the way we pay out Dividends and/or the amount of Dividends payable in respect of open Bets.
- More generally, we periodically update the Game Rules from time to time, which may have a material impact on your open Bets, and may change how you place or 'cash out' of Bets and/or otherwise use the Service.
PLEASE READ THE FOLLOWING SECTIONS AND CLAUSES CAREFULLY: CLAUSES 4, 2, 4.1, 5.1, 5.3, 5.4, 6.3, 9.1, 9.6, 9.11, 11.2, 15, 18, 20 AND 25.
Table of Contents
Welcome to "Football Index", a betting platform provided to you by BetIndex Limited (" BetIndex", " us", " we" or "our").
BetIndex is licensed by:
(a) the Jersey Gambling Commission under Remote Gambling Operator Licence number RGO-006-18;
(b) the Gambling Commission of Great Britain under Remote Gambling Operator Licence number 043061-R-322161-011;
(c) the Irish National Excise Licence Office under Republic of Ireland Remote Bookmakers Licence reference 1014529.
BetIndex's registered office is at Suite 32, 4 Wharf Street, St Helier, Jersey JE2 3NR and our registered number is 119040.
(a) the Game Rules;
(b) any specific promotion or prize draw terms and conditions ("Promotion Rules"); and
form the entire agreement between you and BetIndex in respect of your use of the Service (collectively, the " Terms of Service").
If there is any conflict or inconsistency between:
(b) the Game Rules; and/or
(c) any Promotion Rules;
they shall prevail in that order.
We recommend that you print a copy of them for your future reference.
If you do not agree with the Terms of Service you must not click the acceptance button and you may not use the Service.
BetIndex is a betting operator that operates fixed odds betting in respect of footballers on Football Index. BetIndex is the counterparty to all Bets placed by Account Holders.
For the avoidance of doubt, BetIndex is not a regulated financial services provider. When placing a Bet (or 'purchasing a Share'), you do not own any share in the footballer in terms of genuine equity shares, nor do you own any tokens issued by or on behalf of the footballer, and nor do you have any ownership, proprietary or other rights over the actual footballer.
"Account" refers to a Football Index account held by an Account Holder.
"Account Holder" is an individual who has opened an Account on Football Index, via the Website or the App.
"App" is defined in clause 1.3.
"Applicable Law" means all applicable laws, regulations, codes of practice, guidelines, decisions, orders and decrees imposed by law or any competent national or international governmental or quasi-governmental regulatory authority, including all advertising and gambling laws and regulations and data protection legislation.
"Bet" refers to a fixed odds bet placed by the Account Holder with BetIndex on a footballer listed on Football Index (which we also refer to as purchasing a "Share" in a footballer).
"BetIndex" is defined in clause 1.1.
"BetIndex Content" is defined in clause 16.1.
"Betting Agreement" means the contract created between BetIndex and the applicable Account Holder in respect of a Bet on the relevant terms set out in the Terms of Service.
"Card" refers to all types of payment card, but excludes:
(a) corporate payment cards in respect of all individual users and Account Holders;
(b) credit cards in respect of users and Account Holders based in Great Britain.
"Cash Balance" means the balance of funds held in your Account at any given time, as shown in your Account summary page. Your Cash Balance includes your net deposit, Dividends and earnings from sales of Shares.
"Charges Table" is defined in clause 14.3.
"Content" means 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).
"Dividend" means a payout paid by BetIndex to the Account Holder at the Pay Out Time, in respect of an open Bet, in accordance with the Dividend Table and the Game Rules, or such other additional promotional dividends payouts BetIndex may offer from time to time.
"Dividend Table" means the table setting out the applicable Dividends payable by BetIndex in respect of open Bets (as updated annually and published at https://trade.footballindex.co.uk/dividendtable/);
"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, suspension or revocation of any necessary licence where such denial, suspension or revocation is beyond the reasonable control of the affected party), wars, outbreak of hostilities, riots, civil disturbances, insurrections, acts of terrorism, fire, explosions, floods, epidemics, pandemics, theft, malicious damage, computer hacks, 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.
"Game Rules" are the rules that govern the operation of the Service, which can be found at https://www.footballindex.co.uk/game-rules.
"Inactive Account" refers to an Account where the Account Holder has not accessed their Account for more than three years.
"Inactivity Notice" is defined in clause 14.2.1.
"Initial Player Offering" is defined in clause 12.2.
"Material Breach" shall mean:
(a) where a user is in breach of any provision of clauses 5.2 or 5.3; or
(b) where BetIndex otherwise determines in its reasonable discretion that the user's trading behaviour amounts to a material breach following an investigation into Suspicious Betting (as defined in clause 18).
"Pay Out Time" is typically between 12:00am (London time) and 3:00am (London time) on the day immediately following the day on which the applicable Dividend falls due, in accordance with the Dividend Table, or such other time as BetIndex credits the Account Holder's account with the applicable Dividends.
"Portfolio Value" is defined in the Game Rules;
"Pre-contractual Statement" is defined in clause 23.1.
"Promotion Rules" is defined in clause 1.4(b).
"Sell Order" means an order to cash out of a Bet early by placing Shares in the Sell Queue or by an Offer, as further explained in the Game Rules.
"Service" is defined in clause 1.3.
"Share" refers to a Bet placed on a footballer. Please refer to the Game Rules for more information.
"Stake" means the amount paid or payable by the Account Holder to BetIndex in respect of a Bet placed with BetIndex.
"Suspicious Betting" is defined in clause 18.1.
"Terms of Service" is defined in clause 1.4.
"Territories" shall mean such territories as are listed in the Glossary, as amended from time to time by BetIndex.
"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.
"user", "you" and/or "your" refers to a visitor of the Website and/or the App generally, or an Account Holder (as applicable).
"User Generated Content" is defined in clause 17.1.
"Website" is defined in clause 1.3.
All references to "cancelling a Bet" shall mean returning the relevant Stakes to your Account balance (at the initial buy price, excluding any winnings, profit or loss).
All references to "including" shall mean "including without limitation".
All references to "the" shall include "a/an" and vice versa.
We may amend the Service and/or update the Terms of Service (in particular the Game Rules) from time to time, whether to reflect a change to the Service or otherwise. For example, we may make changes that are required to comply with Applicable Law and/or that we think will enhance the Service as a whole.
Such changes contemplated by clause 4.1 above may materially impact the calculation of Dividends payable in respect of open Bets placed before the date of the change, and may change how you place or cash out of Bets and/or otherwise use the Service. Although we cannot predict all the changes that we may make, those changes may include:
(a) changing the Game Rules to implement new features and/or remove existing features of the Service;
(b) changing the Game Rules with a view to (in our opinion) enhancing the Service as a whole; and/or
(c) changing the basis on which Dividends are calculated or paid out, which may be in respect of all footballers or a category of footballers on Football Index.
Notwithstanding clauses 4.1 and 4.2 above, any changes we make to the Service and/or the Terms of Service will be notified to you in advance, either by email or on the Website / the App. If those changes are both (a) material to your use of the Service and/or to your rights or obligations under these Terms of Service; and (b) not to your benefit, they will be notified to you (either by email or on the Website / the App) no less than thirty (30) days before they are implemented.
Your continued use of the Service after any such changes are implemented constitutes your acceptance of the amended Terms of Service. If you do not agree to (or cannot comply with) the Terms of Service as amended, you must not use the Service (and you must immediately place any Shares you hold in Sell Queue).
We reserve the right to withdraw the Service from you, suspend your Account and/or terminate your Account at any time. If we decide to terminate your Account:
(a) because you are found to have committed a Material Breach, we shall return your initial cash deposits to you LESS any withdrawals you have made LESS any losses you may have incurred (resulting from the reduction in the value of any Shares) and LESS any losses we have suffered as a result of your Material Breach. We will then terminate your Account, and you will not be entitled to claim any winnings or profits whatsoever, including Dividends and/or other payouts or amounts over above your cash deposits; or
(b) where we determine that termination of your Account is necessary but that your behaviour does not amount to a Material Breach, we shall:
(i) suspend your Account and prevent you from accessing it;
(ii) return your Cash Balance within 30 days (although you can request this sooner by contacting email@example.com);
(iii) place any Shares you hold in the Sell Queue or offer them in the Order Book;
(iv) return funds due to you in respect of sales of your Shares and Dividends earned on your remaining unsold Shares:
(A) on a monthly basis until the later of: (a) when all your Shares have been sold; or (b) the end of a period of 12 months from the date of termination (after which any unsold Shares will expire); provided that
(B) if the amount owed to you in any given month is less than £10, the amount owed to you will be rolled over into subsequent months until: (a) the amount owed to you exceeds £10; (b) all your Shares have been sold, in which case we will pay to you all remaining funds in your Account; or (c) the 12 months have expired;
in each case subject to any deductions we are entitled to make in accordance with the Terms of Service, including in respect of bonuses we are entitled to reclaim and our standard 2% Commission fee on each sale of a Share; and
(v) close your Account.
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 or use 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 the Terms of Service by others;
(d) use the Service for any illegal, fraudulent 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.
By using our Service, you confirm and agree that you:
(a) are at least 18 years old or above the legal age for betting under the Applicable Law of the country where the user is present or resident, and that you understand that underage gambling is an offence;
(b) at the point of registering an Account, are not self-excluded from gambling, either directly with BetIndex or through the Gamstop service;
(c) reside in one of our Territories;
(d) are legally capable of entering into binding contracts;
(e) are a physical person;
(f) are not a professional player, official or other participant in any sport, competition or league in relation to which we offer betting;
(g) are not depositing monies originating from criminal and/or other unauthorised activities or conducting criminal activities whereby an Account is directly or indirectly involved;
(h) are not depositing monies through a Card and/or bank account in the name of a third party and/or utilising a Card and/or bank account in a jurisdiction in which betting and/or gaming is prohibited;
(i) will not permit any other users to use your Card to deposit or withdraw funds from a Football Index account;
(j) are not prohibited for any reason from betting with us or from using the Service, which shall include being prohibited from betting on Football Index under the regulations of any local sporting regulator or governing body (e.g. being a registered intermediary/agent with The Football Association in England); and
(k) shall comply with all Applicable Laws.
By using our Service, you further confirm and agree that you:
(a) will not access or use the Service from outside our Territories;
(b) are not acting on behalf of, or in conjunction with, another party when using our Service;
(c) have read our Safer Gaming section of the Website and/or App (this can be found here https://www.footballindex.co.uk/responsible-gaming;
(d) will keep your Account details up-to-date in terms of the following: first and last name, country of residence, postal address, valid email address and phone number;
(e) have provided information that is true, complete and correct in the registration process;
(f) will not open more than one Account with us;
(g) will not, as the Account Holder, permit any other person to access, use, deposit money into, trade or place Bets from your Account;
(h) will not post online any content or images that is/are in any way unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise damaging to the reputation of BetIndex or the Football Index brand (including on any social media platforms);
(i) have not been excluded by BetIndex or any other operator from gambling; and
(j) will only deposit your own funds into your Account and, in particular, you will not use funds borrowed or loaned from another person or company, or any bank, credit or lending facility, to place Bets on the platform or deposit money into your Account.
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.
You are only allowed one open logged-in session to your Account at any given time (this includes through the Website and/or the App via your mobile device).
If you are found to have breached any of the Terms of Service:
(a) any Bet(s) you may have placed, at the applicable time, may be cancelled, and we may withdraw the Service and terminate your account in accordance with clause 5.1;
(b) there will be no obligation on BetIndex 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 (including sports governing bodies).
To apply to open an Account, you must provide the following information, together with any other information requested, 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 Card details;
(e) your valid email address; and
(f) a confidential username and a password of your choice.
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 identity and address, such as:
(a) a passport or national identity card; and/or
(b) a driving licence; and/or
(c) a recent utility bill;
and other reasonable documentation, and perform the requisite checks, in order to verify the information you have provided in your Account opening form (including but not limited to checks that we are required to undertake pursuant to the Gambling Commission of Great Britain Regulations).
You are not allowed to deposit money, trade or place Bets on your Account unless you have completed the verification process. If your verification cannot be completed to the satisfaction of BetIndex, your Account will be suspended, and no gambling will be permitted, until such additional verification has been satisfactorily completed. If, during the verification process, you are shown to be underage or you otherwise fail verification, your Account will be suspended indefinitely, and no further gambling will be permitted from your Account until you satisfactorily complete the verification process at a later stage.
We are also under a regulatory requirement to verify the source of funds placed on certain deposits and withdrawals. To this end, we may seek such other information or documentation from you as we reasonably require in order to verify your identity, your source of funds and/or your compliance with the Terms of Service and any other Applicable Laws. We may suspend your account at the point we request source of funds documentation (or other verification information). Alternatively we may, acting reasonably, suspend or terminate your Account where you fail to respond to our requests, or otherwise fail to provide such information or documentation to successfully complete your verification (at our sole discretion). We reserve the right to pass on any information we deem necessary to the relevant authorities.
We may also request additional information from time to time, in order to ensure that the information that we hold in relation to your identity and source of funds remains accurate.
It is your responsibility to ensure that your personal details (including contact details) on your Account are kept current and up-to-date, as failure to do so may result in Bets or payments being delayed, declined or payments being issued incorrectly.
No more than one Account is permitted per Account Holder, family, household, email address, IP, telephone number, Card, payment account number, and/or shared computer (e.g. public library or workplace). We reserve the right to suspend or close down any suspected duplicate Accounts in accordance with the process set out in clause 5.1. We also reserve the right to suspend or close down any Account in accordance with the process set out in clause 6.1 where the Account Holder and the owner of the Card that is linked to the Account are not the same.
We may, acting in our sole discretion, decline to open an Account without any explanation.
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 clauses 5.1 and 14 shall apply.
When opening an Account, you confirm that 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 or syndicate purposes.
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.
Your username and password must be kept confidential by you. We reserve the right to regard as valid all Bets registered to or placed from your Account, 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), unless you are able to demonstrate to our reasonable satisfaction that such use was neither permitted nor authorised by you nor due to your fault or negligence.
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.
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.
Account Holders can only make deposits and withdrawals from their Account in Pounds Sterling GBP (" GBP"). Any currency conversion charges will be borne by the Account Holder.
Subject to clause 8.13, we will only accept Card payments to make deposits into your Account. Cheques or bank drafts will not be accepted by us.
Minimum Account deposit (currently GBP £10). Interest is not payable on Account balances. We do not provide credit. It is your responsibility to maintain sufficient funds in your Account, and to place 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) cancel the Bet; or
(b) accept the Bet and require you to pay the shortfall.
Funds may be withdrawn from your Account by you provided that:
(a) you have otherwise complied with any applicable Promotion Rules to which such funds relate;
(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 verification). Additional verifications may be required in connection with certain services which may cause an additional delay when withdrawing funds; and
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.
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.
Any changes to your personal/Card details must be advised to us promptly. Failure to do so may result in your deposits or withdrawals being declined by your bank or Account.
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.
If you or your bank or other Card provider advises 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.
We may monitor your Account and use your Card 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.
We may at any time set off any amount on deposit in your Account against any amounts owed by you to us.
In respect of users and Account Holders based within Great Britain, we will not accept payments or deposits from credit cards from 14th April 2020 onwards. However, we will continue to make payments as part of a withdrawal of funds from Accounts to registered and previously used credit cards in accordance with clause 10.2.
Please refer to the Game Rules for information and instructions about how to place and cash out of Bets on Football Index.
It is important that you read and fully understand the Game Rules in order to understand the betting terminology used on the platform and how Football Index is operated. As explained in clause 4, we reserve the right to change the Game Rules periodically and we update the Dividends Table annually. If you have any queries relating to the Game Rules, please refer to clause 25 below. We shall not accept any responsibility if you place a Bet in circumstances where you have not read (or do not fully understand) any of the Terms of Service, or have not familiarised yourself with how Bets or the Service are otherwise operated.
You can only bet up to the amount held in your Cash Balance. Bets placed do not become valid until we have received full and sufficient payment from your Account or where, at our discretion, we expressly allow the Bet subject to authorisation. The minimum and maximum number of Bets that may be purchased by you is determined exclusively by us and is detailed on the Website.
We reserve the right to accept or decline the whole or part of any Bet for any reason at our absolute discretion.
Each Share purchased by you and accepted by us constitutes a separate Bet. If you have any concern as to whether your Bet has been accepted (or successfully cashed out), please log in and go to the 'Account → Transaction History' page of the Website where details of all Bets placed and cashed out by you with BetIndex will be displayed. BetIndex will not be 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.
You must exercise your own judgement in placing or cashing out of a Bet.
Bets must be made via the Website and/or via the App.
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 Promotion Rules which will be made accessible via the Website or otherwise communicated to you. By participating in any promotion, you agree to be bound by and comply with the applicable Promotion Rules.
If there is a dispute over the time at which a Bet was placed or cashed out, or whether a Bet has been placed or cashed out, then the time at which it was recorded (if recorded at all) 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 or cashed out. You should check the 'Account → Transaction History' page of the Website each time you use the Service.
We use an algorithm to determine Share price changes. From time to time, we may change our algorithm to accommodate changes in market dynamics and scale. This can affect the movements in the price of Shares, both positively and negatively. In making changes to our price change algorithm, we will always try to act in the best interests of the market as a whole.
Sometimes we allow 'market makers' to place and cash-out of Bets on the Service, to ensure that the market runs smoothly and to enhance your ability to buy and sell Shares when you wish to. This activity may affect the price and availability of Shares. Market makers may be exempt from some or all of the Terms of Service, and separate terms and conditions may govern their use of the Service, which may include granting market makers access to additional functionality and information than the wider market. For more information about 'market makers', please see our FAQs.
We may also allow corporate accounts to use the Service. Corporate accounts may be exempt from some or all of the Terms of Service, and separate terms and conditions may govern their use of the Service.
Dividends will be credited to your Account at the Pay Out Time.
All payments made to you as part of a withdrawal of funds from your Account will be made to the latest Card used to deposit monies with us (unless we agree to make payments to another Card that you have used to deposit funds into your Account).
Your bank or other payment service provider can take up to 7 working days to return withdrawals to your Card, subject to your Card provider's processing times. We will seek to return funds directly to the Card used to make the deposit.
Results will be as published and confirmed by us on the Website and/or the App each day.
We are required under the terms of our British 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, according the British Gambling Commission's rating system (which can be seen at http://www.gamblingcommission.gov.uk/for-the-public/Your-rights/Protection-of-customer-funds.aspx).
Sums deposited into your Account will be held within a standalone trading account held in the name of BetIndex Limited and in reserve funds which we hold with our payment processors. This account is separate to BetIndex Limited's general trading account and is used for all of BetIndex Limited's users. Only trading deposits and withdrawals will be processed within this account. We have also put in place trust arrangements with our bank to ensure funds in this account are distributed to customers in the unlikely event of insolvency. Once you have purchased Shares, the applicable value of your Shares have been 'wagered' and are not stored in this segregated 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 regulatory requirements for the segregation of user funds at the level: Medium Protection.
We make every effort to ensure that no errors are made in prices offered by us through the Website/App or Bets accepted. However, human and/or systems' error may occasionally result in errors.
We reserve the right to correct any reasonably obvious errors and to cancel any Bets placed and/or Dividends paid to you where such errors have occurred, including duplicate or incorrect issue of Shares, duplicate or incorrect payments (e.g. dividends, bonuses, deposits, withdrawals, incorrect credit when selling footballers), payments made on the incorrect footballer, footballers priced at less than 25p per share at IPO ("Initial Player Offering"), and errors resulting from incorrect data supplied by a third party.
Should funds be credited to your Account or to your Card's 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.
Any monies which are credited to your Account, or to your Card's account, or paid to you as a result of an error shall be deemed, pending resolution under clause 12.2 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 8.12. 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.
As soon as you suspect or become aware of an error you shall:
(a) immediately cease all activity on the Service; and
(b) inform us as soon as reasonably practicable of any such error or suspected error.
Where you have used monies which have been credited to your Account, or to your Card's 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 Bets, 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.
Please contact us if you wish to close your Account.
If your Account becomes an Inactive Account:
we will use reasonable efforts to notify you and give you the opportunity to reactivate your Account (following the process set out in the Help and FAQ section of the Website) (" Inactivity Notice");
if you do not reactivate your Account within 30 days of receiving our Inactivity Notice, we reserve the right to terminate your Account in accordance with Clause 5.1(b).
If we are unable to return any funds due to you pursuant to clause 14.2.2, a charge to compensate us for the costs incurred by us in maintaining the Inactive Account (as set out in the "Charges Table" in the Glossary) will be deducted from the funds in your Inactive Account from the date specified in the Inactivity Notice until the earlier of: (a) your Account being reactivated or (b) the funds in your Inactive Account being exhausted (at which point we may close your Account).
If you have any queries regarding Inactive Accounts, please contact customer services for further information.
We provide a self-exclusion facility to help you if you feel that you have developed a gambling problem.
If you consider that gambling has become problematic for you or you believe that you are at risk of developing gambling problem, with Football Index you have the ability to set a deposit limit, have a 'time out', or self-exclude from the Service. For further information please see https://www.footballindex.co.uk/responsible-gaming.
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.
If you feel the need to take a short break from gambling, we offer the ability to 'time out', which enables you to temporarily suspend your Account for a 24hr, 48hr, 7 day or 30 day period. During this time you will be unable to access your Account to place Bets or otherwise use the Service. At the end of your selected time period your Account will automatically be reopened.
If you wish to self-exclude, please use the 'Responsible Gaming Controls and Limits' link which can be found under the 'Player Protection' section of your Account page, or alternatively contact customer services by telephone at 0800 066 2650.
If you choose to self-exclude, we will deactivate your Account in one of two ways:
(a) where your Portfolio Value exceeds £1000 at the time of self-exclusion, we will:
(i) suspend your Account and prevent you from accessing it;
(ii) immediately return your Cash Balance to you; and
(iii) liquidate any Shares you hold, return funds to you and close your account in accordance with the process set out in clause 5.1(b)(iii)-(v); or
(b) where your Portfolio Value is equal to or less than £1000 at the time of self-exclusion, we will:
(i) suspend your Account and prevent you from accessing it;
(ii) immediately return your Cash Balance to you;
(iii) liquidate any Shares you hold by using the 'Instant Sell' functionality (as explained in the Game Rules) and return funds due to you in respect of sales of your Shares and any Dividends earned on your remaining Shares whilst unsold; and
(iv) close your Account;
in each case subject to any deductions we are entitled to make in accordance with the Terms of Service, including in respect of bonuses we are entitled to reclaim and our standard 2% Commission fee on each sale of a Share.
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 during the exclusion period. 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.
If you wish to gamble again after any self-exclusion period has ended, you must firstname.lastname@example.org to request this. We will arrange a suitable time to call you and following that call you will be required to complete a 24 hour cooling off period. After the cooling off period is complete, we will send you an email asking you to confirm that you still want to reactivate your Account. Your Account will not be reactivated until we receive such confirmation.
Gambling can be addictive. If you need help to overcome any possible addiction, you should follow this https://www.footballindex.co.uk/responsible-gamingto the Responsible Gambling page of the Website.
We are the owner or licensee of all copyright, trade marks, patents, database rights and all other intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights in all trademarks, service marks and trade names as well as images, design, layout, graphics, text, concepts, methodologies, code and software relating to the Service and the material contained therein (other than User Generated Content) (" BetIndex Content" ).
You are not granted any right to use, and may not use, any of the BetIndex Content other than as set out in the Terms of Service. You must not use the Service (or any part of it or its content) for commercial purposes; however, you may download material from the Service solely for non-commercial, personal use by you.
Subject to you holding a valid Account, you may access and use the Service on a non-exclusive, non-transferable, revocable licence basis for your own personal, non-commercial and entertainment purposes. Under the terms of this licence you shall not: (a) attempt to reverse compile, disassemble, or otherwise reverse engineer any element of the Service; (b) attempt to obtain, or assist others in obtaining, access to the underlying code of any element of the Service, or take BetIndex Content from it; or (c) use the Service in any way that breaches the Terms of Service, contravenes Applicable Law or third party intellectual property rights or attempts to circumvent the spirit and intent of the provision of the Service.
BetIndex Content may not be copied, reproduced, transmitted, stored, sold or distributed without our prior written consent (which we may withhold at our absolute discretion).
BetIndex does not claim any intellectual property rights relating to the name and image of any sports team, event organiser and/or player which is featured on its websites, and those names and/or images are used strictly in order to provide the Services. From time to time BetIndex may, however, enter into sponsorship and/or other arrangements with sports teams, event organisers and/or players (or authorised licensors of materials in relation to teams, organisers and/or players), which grant BetIndex the right to use certain materials on its websites.
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.
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
(f) may be used in connection with publicising and promoting us and our Service.
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-license 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.
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.
You will indemnify us on demand against any and all losses, damages, claims or expenses that we suffer or incur (directly or indirectly) as a result of any third party claim made against us in connection with any User Generated Content that you upload to the Service.
(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) BetIndex has 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) BetIndex reasonably believes that you have used unfair external factors or influences connected with the footballer or footballers (as applicable) the subject of any Bets, or any other participant in events involving such footballer(s);
(e) BetIndex reasonably suspects 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;
(g) BetIndex reasonably believes that you, or any group of people acting in conjunction with each other and connected to you, are engaging in illegal or fraudulent activity while using our Service or are engaging in activity in an attempt to defraud us;
(h) BetIndex reasonably believes that you are acting in collusion with other Account Holders in order to obtain an advantage;
(i) BetIndex reasonably believes that you are exploiting a fault, loophole or error in our software; or
(j) BetIndex reasonably believes 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.
In the case of any of the activities contemplated by clause 18.1, BetIndex 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 18.1;
(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) cancel a Bet or a string of connected Bets, or otherwise terminate your Account in accordance the process set out at clause 5.1.
Where possible, we shall keep you informed of any such action or requests.
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 matters, 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.
(a) there is a technological failure (including situations where you manipulate a bug in the system, take unfair advantage of an outage, withdraw an incorrect sum from your Account due to duplication, or any other technological error); or
(c) where in our judgement, acting reasonably, there is a manifest error in the terms of the applicable Bet, including where the price of the applicable Bet is greater than five percent (5%) out of line with the market on the Service for the applicable player.
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.
We reserve the right to suspend or terminate any Account if 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 we reasonably consider are necessary to relevant authorities.
PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT IMPORTANT INFORMATION CONCERNING THE LIABILITY OF BETINDEX TO YOU (ON THE ONE HAND) AND YOU TO BETINDEX (ON THE OTHER HAND):
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.
You also acknowledge that we:
(a) cannot guarantee the performance or security of our Service; and
(b) 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.
You accept that by using the Service, there is a risk that you may lose money as well as win money. You acknowledge and agree that your use of the Service is at your own risk and we do not accept any responsibility for your losses incurred in the ordinary use or in your misuse of the Service.
We do not accept any liability for damage and/or losses to you and/or a third party 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 football match 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 (including tips as part of our marketing materials) or third parties (including comments on the forum or guest bloggers, vloggers and/or articles) via the Service;
(g) loss of content or material uploaded or transmitted through the Website or the App;
(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) Bets not being placed for any reason (unless as a result of negligence or breach of the Terms of Service by us) or you being disconnected from or unable to access the Service, including but not limited to failure, inadequacy or disconnection of your computer, mobile device, telecommunications services, internet connection or otherwise, and the balance of your Account will at all times be as is recorded on our server; and/or
(j) loss arising from changes in prices of footballers resulting from any announcement we make (see Announcements section in the Game Rules).
You confirm that, subject to clauses 5.1, we shall not be liable to you or any third party for any modification to, or suspension or discontinuance of, the Service (including as a result of any changes to gambling regulations, tax regulations, or policies relating to key suppliers such as Google or Apple).
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; or
(d) loss of goodwill.
We shall not be liable to you for any indirect or special loss. This means that we will not be responsible for any loss or damage that was not a foreseeable result of our negligence, breach of the Terms of Service, statutory duty or any other duty of care that we may owe to you. Loss or damage is foreseeable if it is an obvious consequence or if such loss or damage was contemplated by you and us at the time that you became bound by the Terms of Service.
Subject to clauses 20.8, 20.9 and 20.11, our total combined 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 in respect of the applicable Bet that gave rise to the claim.
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.
- 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. A waiver by us of any provision shall not constitute a waiver of any subsequent breach of that provision.
The Terms of Service constitute the entire agreement between you and BetIndex and supersede and extinguish all previous agreements, arrangements, promises, undertakings, proposals, warranties, representations and understandings between them ("Pre-Contractual Statement"), whether written or oral, relating to its subject matter.
You acknowledge that in entering into the Terms of Service, you have not relied on any Pre-Contractual Statement (whether made innocently or negligently), which were made by or on behalf of BetIndex, in relation to the subject matter of Terms of Service, that is not expressly set out in the Terms of Service.
You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any Pre-Contractual Statement.
Nothing in this clause shall limit or exclude the liability of either you or BetIndex arising out of any pre-contractual fraudulent misrepresentation or fraudulent concealment
Transfer of rights and obligations
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.
You agree that we may transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with the Service.
Third party rights
All notices given by you to us must be given to at Suite 32, 4 Wharf Street, St Helier, Jersey, JE2 3NR (or via e-mail at email@example.com).
BetIndex will give notice to you via the Service or using the contact information you provided to us as part of your registration.
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.
Should you wish to make a complaint, please ensure that you follow our internal complaints process as defined [link to FAQs]. Failure to adhere to this process in full may result in delays in finding a resolution to your problem.
Subject to clause 25.3, upon receipt of any complaint, we will acknowledge receipt of the complaint within 24 hours. The investigation shall begin within one (1) "Business Day" (being a day other than a Saturday or Sunday that the bricks and mortar retail banks in London are open for business).
Any complaints relating to a Bet must be raised within a reasonable time period after the Bet has been settled (but at all times within 6 months from the date the Bet was placed). We cannot guarantee that we will be able to respond to your query if it is not raised within this time.
Subject to delays arising from circumstances beyond BetIndex's reasonable control or beyond the reasonable control of the staff member handling the Complaints, BetIndex will fully investigate the complaint, decide upon and communicate any recommended course of action to you as soon as practicable but will ensure that the complaints process is completed within 8 weeks.
Once we make the final decision, we will notify you using your preferred method of contact. If you are still dissatisfied, you may refer your complaint to the Alternative Dispute Resolution (ADR) provider IBAS , or refer the matter via the European Commission's Online Dispute Resolution ( ODR ) Platform. Please however ensure that you have fully exhausted our complaints procedure before contacting IBAS or ODR. Contact details and information for IBAS and ODR are as follows:
(a) Independent Betting Adjudication Service (IBAS) https://www.ibas-uk.com/ is a third party organisation that settles disputes that arise between betting/gambling operators and their customers after they have been through the operator's own internal dispute procedures and if a deadlock exists;
(b) Online dispute resolution https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
All complaints, appeals, evidence and other information gathered, held and processed by BetIndex shall be treated with the utmost confidence at all times. Your personal information collected by BetIndex shall only be collected, used and held in accordance with BetIndex's Data Protection Policy.
The English courts will normally have jurisdiction over any dispute or claim arising out of or in connection with the Terms of Service or their formation or your use of the Service generally (including non-contractual disputes or claims), unless you are resident in another Member State of the European Union within the Territories. We retain the right to bring proceedings against you for breach of the Terms of Service in your country of residence or any other relevant country.
As a consumer, if you are resident in the European Union and we direct the Service to the Member State in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in the Terms of Service affects your rights as a consumer to rely on such mandatory provisions of local law.
Last updated: 10/9/2020 at 6:00am (BST)