TERMS AND CONDITIONS
Updated: 16th July 2018
THESE TERMS AND CONDITIONS (AS THE TERM “TERMS AND CONDITIONS IS DEFINED BELOW”) GOVERN YOUR USE OF THE WEBSITE, THE SOFTWARE AND THE SERVICES (AS THE TERMS “WEBSITE”; “SOFTWARE” AND “SERVICES” ARE DEFINED BELOW).
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS PLEASE DO NOT CONTINUE USING THE WEBSITE. YOUR CONTINUED USE OF THE WEBSITE IS ACCEPTANCE BY YOU OF THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS FORM A LEGAL AGREEMENT BETWEEN YOU AND US. YOU SHOULD PRINT OFF A COPY OF THESE TERMS AND CONDITIONS AND KEEP THEM IN A SAFE PLACE.
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AS SET OUT BELOW. THE TERMS “YOU”, “YOUR”, “US”, “OUR” AND “WE” ARE DEFINED BELOW. OTHER WORDS AND PHRASES USED IN THESE TERMS AND CONDITIONS ARE DEFINED BELOW AND IN THESE TERMS AND CONDITIONS.
1.1 Certain words and phrases are defined in these Terms and Conditions. In addition, in these Terms and Conditions, the following words and phrases have the following meanings:-
"Account limits" - an account limit shall mean the maximum deposit a Player may self-impose to restrict a level of their transactions aggregated together with any accumulated legitimate winnings and bonuses in the Players account from time to time and Clause 23.6 of these terms and conditions shall be construed accordingly.
“Bet” means any bet, wager or similar made by you and/or any other Player in relation to the Services.
“Device" mean any application access devices, including but not limited to personal computers, laptops, tablets, mobile phones, personal digital assistants, PDA phones, smartphones hand-held devices employed for the use of and access to the Website and participation in the Services;
“Gambling” means any type of betting, gaming, and lottery.
“Gambling Software” means any software, licensed program, data file or other content installed on connection equipment, which enable you to visit, connect and join in the Services.
“Information” has the meaning set out in Clause 6.1 below.
“Legitimate Winnings” means, subject to the conditions precedent below, winnings legitimately and legally won by you in using the Services and that have been won by you in accordance with these Terms and Conditions less the following:- (a) any rake or commission due to us; (b) other entry or other fees due to us for your use of the Services; and (c) any charge backs made by your bank or other financial provider used by you in relation to the Services.
“Licence” has the meaning set out in Clause 12.3.
“Membership Registration” has the meaning set out in Clause 8.1 below.
“Player” means all users of the Website, including you, who use the Services and who have agreed to these Terms and Conditions.
“Rules” means the rules for the different Gambling products and services provided by us on the Website, as are set out on the Website and as may be amended by us from time to time. For the avoidance of doubt you should note that each product and/or service may have differing rules.
“Services” mean the provision by us of Gambling and Gambling products and services via the Website.
“SportPesa Brand” means the commercial branding and other trademarks of SP UK Limited.
“Software” means any and all software on the Website and/or comprising the Website, including the Gambling Software.
“us”, “our”, “we” means SP UK Limited a company incorporated in the Isle of Man with Registered Number 013599V having its Registered Office at Jubilee Buildings, Victoria Street, Douglas, Isle of Man, IM1 2SH together with TGP Europe Limited. TGP Europe Limited are a company incorporated in the Isle of Man with Registered Number 122698C having its Registered Office at 2nd Floor Athol House, 21a-23 Athol Street, Douglas, Isle of Man, IM1 1LB. The services of TGP Europe and the activities of this website are licensed in the Isle of Man and the United Kingdom.
“Website” means www.sportpesa.uk together with such other website that we may use to provide the Services.
“you; your” means you as the person using the Website
“Your Account” has the meaning set out in Clause 8.13.
1.2 In these Terms and Conditions, references to the singular shall include references to the plural and vice versa and references to the masculine shall include references to the feminine and vice versa. Headings are for convenience only and shall not affect interpretation. Reference to statutes shall include such statute as amended or re-enacted, together with all secondary legislation made under the relevant statute.
2.1 TGP Europe Limited are licenced to provide network and gaming operations under a licence issued to TGP Limited under the Isle of Man Online Gambling Regulations Act 2001, and under a licence directly issued to TGP Europe Limited by the Gambling Commission of Great Britain under the Gambling Act 2005 for the provision of online gaming services to Great Britain in accordance with the licensing requirements brought in under the Gambling (Licensing and Advertising) Act 2014. This Website is operated under and in accordance with the aforesaid licences, under the SportPesa Brand.
2.2 In the event that these Terms and Conditions are translated into another language, the English language version shall prevail.
2.3 If there is any inconsistency between these Terms and Conditions and any document incorporated by reference, these Terms and Conditions will prevail.
3. Disputes & Complaints
If you have any questions about the Website or the Services, or in the event that you have any complaint or dispute regarding the Services, you should in the first instance email our Customer services team at - email@example.com, 24/7 live chat is also available. We will try to resolve your case via our escalation procedure. In the event that a satisfactory resolution is not reached, you may lodge your complaint with the relevant Authority detailed below.
If you are resident in Great Britain:
Gambling Operators licenced by the Gambling Commission of Great Britain are required to offer dispute resolution by an independent third party or 'alternate dispute resolution' (ADR) provider in line with LCCP social responsibility (SR) code 6.1.1.
We have appointed the Independent Betting Adjudication Services (IBAS) as our ADR.
Please direct unresolved complaints to them at telephone number +44 207 347 5883.
Further details about IBAS can be found at http://www.ibas-uk.com/
If you are not a resident of Great Britain:
Please direct your complaint to the Isle of Man Gambling Supervision Commission.
Further details can be found at https://www.gov.im/gambling/
4.1 During your Registration requesting participation in the Services, by ticking the boxes "I confirm that I am at least 18 years old" and "I have read, printed and accepted the Terms and Conditions", you acknowledge and agree that:
(a) you have read, fully understood and accepted these Terms and Conditions; and;
(b) these Terms and Conditions constitute a legally binding agreement between you and us regarding the use of the Services.
4.2 If you do not agree to any of these Terms and Conditions, please do not complete the Registration, but rather, immediately discontinue your use of the Website.
4.3 You cannot use the Services without agreeing to these Terms and Conditions.
5.1 We reserve an absolute right to amend, update and modify these Terms and Conditions and the Rules (or any part thereof) from time to time and any amendment, update or modification will be presented to You by way of a notification upon login for acceptance. The amended, updated or modified Terms and Conditions and Rules will take effect as soon as they have been accepted by You. Your continued use of the Website and the Services is your acceptance of the modified or updated Terms and Conditions and Rules as published.
5.2 Any Bet received by us but not settled prior to the time of notification of any amendment of these Terms and Conditions will be subject to the Terms and Conditions in place at the time that the Bet was acknowledged by us.
6. Information and Intellectual Property
6.1 The information, material and data, including without limitation, marketing programmes and materials, results, statistics, sporting data and fixture lists, odds and betting figures, text, graphics, video and audio content, which are available to you on the Website (“Information”) belong to us and/or our licensors.
6.2 Other than as permitted by law, you shall not adapt, copy, modify, reverse engineer, reproduce, store, distribute, display, publicly perform, or include in any cable programme, publish, transmit, sell, rent, lease, grant licences or otherwise make the Information available to any other person, or with another website, online service or bulletin board, or any other media and/or Device.
6.3 The Software, the Services and the Information provided on the Website and/or through Devices are protected by copyright, trademarks and other forms of intellectual and proprietary rights. All right, title and interest in and to the Software, Services and Information on the Website are owned, licensed and/or controlled by us our licensors. You acknowledge that you do not acquire any right, title or interest, or any licences to the Software, the Services and the Information through your use of the Website other than expressly set out in these Terms and Conditions.
6.4 The Website Brand and our other trademarks on the Website belong exclusively to us and/or our licensors and you do not have any right to use such. You shall not use, register, attempt to register or assist any third party in using, registering or attempt to register any name, mark or device which is similar to the Website Brand or any other of our trade marks.
7. Conditions of Use
7.1 As a condition of use of the Services, you warrant and undertake that you shall not use or access the Website, Services, Software and/or the Information for any purpose that is illegal under any law applicable to you or prohibited by and/or in breach of these Terms and Conditions.
7.2 You warrant and undertake as a condition of your use of the Services that:-
(a) you are acting on your own behalf and in your own personal capacity, not on behalf of another person;
(b) you are not restricted by limited legal capacity;
(c) you are not diagnosed or classified as a compulsive gambler;
(d) you are the older of (i) 18 years of age; or, (ii) the legal age determined by any laws applicable to you regarding the undertaking of Gambling by you. Under age gambling is an offence;
(e) you are fully aware of the risk of losing money in the process of Gambling and using the Services and the Website;
(f) your deposit of money in to Your Account (as the term "Your Account" is defined in Clause 8 below) does not originate from criminal or other illegal or unauthorised activities;
(g) you are not conducting criminal or other illegal, unauthorised activities and/or intending to use Your Account in connection with such activities and that you shall not use or allow other persons to use the Services and Your Account for any criminal or otherwise unlawful activities including, without limitation, money laundering, under any law applicable to you or us;
(h) you will keep your username, account number and password confidential and prevent unauthorised access or use;
(i) you will immediately change your password and notify us immediately if your username, account number or password is compromised in any way;
(j) you are responsible for all activities via the Website and/or Device under your username, account and password, regardless of acknowledgement or authorisation;
(k) you will not use the Services, Website, Devices, Software or the Information in any way which interferes or may interfere with other Players, or make any attempt to gain an unfair advantage over other Players, whether specifically prohibited by the rules or not;
(l) you will not undertake any activity or assist any third party to undertake any activity that degrades or may degrade the operational performance of the Services and/or the Website;
(m) you will not solicit or seek to obtain other Player’s information by any means;
(n) you will not upload or distribute any programs, files or data containing viruses, which are corrupted or may affect the programs of the Devices, Software, Services and/or the Websites;
(o) your access to the Services and Information via the Websites is not prohibited: (i) by laws that are applicable to you or contractual obligations which apply to you personally; or, (ii) by laws that are applicable to persons in the country from which you are currently accessing the Website or using the Device;
(p) you will not use the Website if you are based in the Restricted Jurisdictions as listed in Clause 9 or any other jurisdiction from where use is so prohibited. We will undertake checks and have third parties undertake checks on our behalf to identify Players from these jurisdictions accessing the Website;
(q) you will not collude with third parties, use any device, robot, spider, algorithm, software, routine or other method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the functioning of the Services, Devices, the Software, the Website, Information or any transactions offered through the Website. You further acknowledge that any software which, confers any sort of unfair advantage, shares hole cards among Players (where applicable) or assists collusion or cheating in any way, utilises a database of hands (where applicable) or Player profiles which is shared between Players, reduces or eliminates the need for a human to make decisions, is designed to 'datamine', provides real-time advice on the action to take during play (including ICM analysis tools), attempts to block any of our fraud and cheating detection mechanisms, is prohibited. We will undertake such steps to accordingly identify the use of such software on a Players machine and You hereby consent to this and will not interfere with any of the detection mechanisms. These rules apply to all circumstances at all times;
(r) you will not spread any information with content that is unlawful, harassing, abusive, threatening, libellous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability;
(s) you are not an officer, director, employee, consultant, affiliate or agent of us or any company which has a relationship with us, or a relative of any of the foregoing;
(t) you will not impede the proper usage of the Services, the Website, the Software, Devices and/or the Information or initiate and/or engage in surveys, contests, chain letters, send/forward "junk mail" or bulk mails;
(u) you will use the Services solely for personal entertainment and not use the Services as a way of conducting a commercial business or as a way of making a living.
7.3 All Players must play on their own behalf and in their own best interests. Playing on behalf of an employer, sweat shop, ‘gold farm’ or any form of team or co-operative is strictly prohibited. The use of any data which has been obtained by datamining, whether the data was obtained by the Player themselves or by anyone else is strictly prohibited, as is the sharing of any legitimately gathered data with other Players.
7.4 Players may not work together with another Player to gain an advantage and must not 'soft play' against friends. Players must not 'chip dump' (i.e. they must not intentionally lose hands or manipulate gameplay in order to transfer funds to any other Player. Players must not share whole card information with any other Player, and must not play in the same cash game or "Sit n Go" tournament as any Player in which You have a financial interest. Players may not encourage any other Player to collude. All such prohibitions/restrictions are applicable whether or not there is any explicit agreement between the parties using the Website and whether or not any actual demonstrable harm has been caused to others.
8. Opening Your Account
8.1 In order to use the Services, you must complete the registration for account and membership according to the guidance on the Website (the "Membership Registration").
8.2 You warrant that all information supplied when registering and completing the Membership Registration is accurate, true and complete, including your name on the Membership Registration, sources of funds (including the relevant payment details, bank accounts and card numbers) and address. Checks for fictitious registration details will be undertaken at the point of registration and when withdrawals are made and these checks will be undertaken using in house methods and third party specialist fraud prevention agencies.
8.3 We will take reasonable and appropriate measures to ensure that your personal information as disclosed to us shall remain confidential. We will not disclose your personal data or Betting information unless required to do so by any applicable laws and regulations, court order, the relevant gaming and law enforcement authorities or other than as set forth in these Terms and Conditions. It is also your responsibility to keep your personal information confidential
8.4 We reserve the right to disclose and transfer your personal data to our payment settlement service providers, financial institutions for the completion of payment services and third party identification verification agencies. It is also possible that we are compelled to do so by applicable laws and regulations of the relevant gaming or law enforcement authorities.
8.6 In accordance with Player protection requirements governed under the terms of our Isle of Man licence, Player funds (including deposits, winnings and applicable bonuses) are held with a bank that has been approved and which is given special powers under Isle of Man law. Under the Isle of Man law, any money that is held in this Client Account is considered to belong to Players. This means that in the event of insolvency, funds will be repaid to Players first, under instruction by the Isle of Man Gambling Supervision Commission. This protection is afforded to all of our Players
8.7 In accordance with the terms of our UK licence, we are required to inform you that this means that steps have been taken to protect your funds but that there is no absolute guarantee that all funds will be repaid. The mechanism described meets the Gambling Commission of Great Britain's requirements for the segregation of customer funds at the level: medium protection. Further information can be found here
8.8 It is your responsibility to ensure that the laws applicable to you do not prohibit you from using and accessing the Website and the Information, downloading and installing the Software and participating in the Services.
8.9 We may from time to time require further evidence of identification and age from you to verify your Membership Registration (e.g. valid identification card with picture and confirmation of address in the form of a utility bill). If there is any change on your personal information as originally supplied by you, you must notify us of the relevant change as soon as reasonably practicable.
8.10 We reserve the right to confirm your name and address by post or otherwise. We may, at our discretion, undertake additional security checks for any information that you provide. By agreeing to these Terms and Conditions, you allow us to access, use, process and store the results of any identification verification or checks.
8.11 We reserve the right to reject your Membership Registration at our absolute discretion and without giving any reason.
8.12 You are not allowed to use the Services until completion of your Membership Registration.
8.13 You will be required to set up an account with us in your name (“Your Account”) to use and access the Services.
8.14 We permit only one Account per person, household address, email address, telephone number, same payment method and shared IP address or device (including those available publicly as in a library, workplace or internet cafè).
8.15 If we discover or suspect that you have more than one account with us, or have reasonable suspicion that an account or group of accounts are operating systematically (for example employing specific wagering techniques or wagering as a group), or are otherwise in breach of any other provision of these Terms and Conditions we reserve the right, at our discretion to terminate some or all of your accounts. Checks for duplicate registration details will be undertaken at the point of sign up using in house database checking methods and third party specialist fraud prevention agencies.
8.16 The currency of Your Account will be pounds sterling. The minimum deposit accepted on Your Account will be ten (£10) pounds sterling.
8.17 Any sums held in Your Account are held by us for you in a Player funds account. However, we are not a bank and no interest shall be paid on any sums in Your Account.
8.18 You must keep your credentials (alias, password, and any other information used to access your Account) secret and not reveal them to any other person. You shall not allow any other person to use their account under any circumstances.
8.19 Where poker is made available via the Website under no circumstances should you log into the Microgaming Poker Network utilising more than one account at any one time whether or not the additional account is through Us.
9. Restricted Jurisdictions
9.1 Players must not utilise any part of the Website if based in the following Restricted jurisdictions: Afghanistan, Albania, Angola, Armenia, Australia, Belarus, Belgium, Bosnia & Herzegovina, Bulgaria, Burundi, Cayman Islands, Central Africa Republic, Chad, China, Congo, Croatia, Cuba, Croatia, Cyprus, Czech Republic, DPR of Korea (North), Denmark, Egypt, Estonia, Eritrea, Ethiopia, France, Georgia, Greece, Guernsey, Guinea, Guinea-Bissau, Guyana, Haiti, Hong Kong, Hungary, Indonesia, Iran, Iraq, Ireland, Israel, Italy, Ivory Coast (Cote d'Ivoire), Kosovo, Kyrgyzstan, Latvia, Lebanon, Lao, Lesotho, Liberia, Libya, Lithuania, Macao, Macedonia, Mali, Montenegro, Mozambique, Myanmar (Burma), Nepal, Niger, Nigeria, Palestinian Territory, Panama, Papua New Guinea, Philippines, Poland, Portugal, Romania, Russia, San Marino, Sao Tome & Principe, Saudi Arabia, Serbia, Sierra Leone, Singapore, Slovakia, Slovenia, Somalia, Spain, Sudan, South Sudan, Swaziland, Switzerland, Syria, Taiwan, Tajikistan, The Netherlands, Togo, Tunisia, Turkey, Uganda, Ukraine, Uruguay, USA and all US territories (American Samoa, Guam, Northern Mariana Islands, Puerto Rico, United States Virgin Islands), Venezuela, and Zimbabwe, or any other jurisdiction from where use is so prohibited. We will undertake checks and have third parties undertake checks on our behalf to identify Players from these jurisdictions accessing the Website. Please note that further restrictions on access to certain gaming products available via the Website may apply to Players based in additional jurisdictions, in such cases access to such specific gaming products will be prevented through the Website from within such jurisdictions.
10. Bets and Bet Acceptance Procedure
10.1 We accept Bets for casino games, sports gambling and other events and games on the Website. All Bets must comply with the Rules relevant to each form of Gambling offered by us on the Website and to these Terms and Conditions.
10.2 If an error occurs in relation to the Website or in relation to any Bets or any events or circumstance on which Bets have been made, all relevant Bets shall be void; or in the event of any system error in relation to the Website, we reserve the right to void any Bets and / or any Winnings received in to Your Account as a result of such an error.
10.3 We reserve the right at our discretion to decline all, or part, of any Bet requested on the Website for any reason.
10.4 We only accept Bets via, the internet and/or Devices in compliance with these Terms and Conditions. Bets are not accepted in any other form (whether by post, email, fax or otherwise) and the result of any Bet not submitted in accordance with these Terms and Conditions will be void.
10.5 We have the right to postpone or reject any Bet which we may suspect as having the capacity to damage the Website or our operating system.
10.6 Any Bets that breach these Terms and Conditions will be cancelled by way of notification to the e-mail address provided upon registration.
10.7 Artificial intelligence or software (commonly called “bots”) are not allowed to be used. Any Bet using the foregoing or attempting to use the foregoing will be cancelled and the respective account will be closed.
10.8 Bets will only be valid if your username and password (where it is so required) are correct and there is enough balance in Your Account to make the Bet in full.
10.9 You are responsible for all use, activities and transactions on Your Account in respect of the following (whether the usage, activity or transaction is authorised by you or not):
(a) your name; and/or,
(b) your account number; and/or,
(c) your username and password.
10.10 It is your responsibility to ensure that the details of Bets placed by you are correct. Once your Bet has been placed you can no longer cancel, revoke or change your Bet.
10.11 All Bets are logged and recorded in our transaction log database. Our transaction log database shall be conclusive evidence for all transaction information in relation to the Services and any Bet placed by you and/or any Player.
10.12 All bets are deemed for day of acceptance, unless otherwise stated. Bets will be deemed valid and accepted by us when a transaction identification is displayed in Your Account and your transaction history is updated.
10.13 No Bets can be placed after the commencement of the event that the Bet relates to or where the outcome of an event that the Bet relates to is known at the time of placement of the relevant Bet. If any event or betting session is erroneously left open for Betting after the commencement of the relevant event and/or where the outcome of the relevant event is known, we reserve the right to decline or void such Bets placed without reference to you. For the avoidance of doubt this clause does not prohibit "inplay"/ "live betting" or half time bets where such are offered by us.
10.14 Acceptance of any Bet requested or any part thereof shall be at our sole discretion, and we reserve the right to limit any Bet prior to its acceptance.
10.15 Advertised start times of the events on which you can place Bets displayed on the Website are for information purposes only. If for any reason a Bet is erroneously accepted by us after the game, race, event or match on which you are placing your Bet has commenced, we reserve the right to cancel and void such bet. For the avoidance of doubt this clause does not prohibit “inplay”/ “live betting” or half time bets where such are offered by us.
10.16 Unless specifically stated otherwise within the Rules, for a sport or event, the result of a game, race, event or match will be determined on the day of its conclusion. All Bets accepted will be settled on the official result, unless otherwise stated. Any subsequent enquiry that may result in an overturned decision in relation to the relevant game, race, event or match will not be recognised by us, and our original settlement of Bets will stand.
10.17 Unless specifically stated otherwise within the Rules, if the venue for a sporting event is changed, all Bets placed based on the original venue will be void.
10.18 Unless specifically stated otherwise in the Rules We will not recognise suspended games, races, events or matches or protests or overturned decisions in relation to the same.
10.19 Unless specifically stated otherwise in the Rules, should you include a non-runner or void selection in a multiple Bet, the Bet will be settled on the remaining valid selections (if any) only.
10.20 You acknowledge that any and all odds, lines and handicaps are subject to fluctuation without notice, and the foregoing will become fixed only at the time of acceptance of the relevant Bet by us. You further acknowledge that where Live Betting (bets on events that have already started) is offered, such fluctuation may occur during an event. It is your responsibility to ensure that you review the information pertinent to any Bet you wish to place for any such fluctuation when utilising the Live Betting facility.
10.21 When system failure of any type results in an incorrect odd, line or handicap, all Bets in relation to the same will be void. Provided the error, mistake or failure is rectified in time, we may in our absolute discretion (but shall not be obliged to) make reasonable efforts to contact you to allow the choice of placing another Bet at the correct odds, lines and handicaps.
10.22 We will not accept any simultaneously placed Bets on one game, race, event or match from you.
10.23 Markets are occasionally opened which relate to the outcome of a sporting event beginning more than 1 week in the future. Ante Post bets on sports are accepted all in, run or not, entered or not. Except where the Rules specifically state otherwise, Bets are lost on an Ante Post bet if a selection does not take part. In all cases We reserve the right to deduct the equivalent of Tattersalls rule 4(c) to reflect returning Bets on Non-Runners.
10.24 In respect of any Bet and the associated transactions therewith, our decision is final and conclusive. For the avoidance of doubt, this does not affect Your access to any independent adjudication or complaints procedure.
10.25 You acknowledge that the random number generator ("RNG") or live dealing provided on the Website will determine the shuffling and dealing of cards, spinning of the ball and wheel, shaking of the dice, the outcome of the games, outcome of the lottery and other randomly generated events that are part of the Services and you agree to accept such shuffling and dealing of cards, spinning of the ball and wheel, shaking of the dice and the outcomes of the game, lottery and other randomly generated events performed by the RNG or live dealer as final and conclusive.
10.26 Online gambling debts are enforceable in law.
11. Related Contingencies in Events
11.1 When the result of one event has a direct influence on the outcome of another, there is a related contingency. Selections from related events cannot be combined in an accumulator, e.g. Team A to beat Team B in a league match, and Team A to win the league.
11.2 Where an accumulative bet of this type has been accepted in error it will be settled by equally dividing the Bet unit where the related outcomes clash
12. Software Licence
12.1 You hereby acknowledge and agree that the Software that is made accessible to you (by download or otherwise) for your remote use on the Website through your Device is part of the Services and is our property and the property of our licensors, and that you do not gain any rights to such Software whatsoever other than as expressly set out in the Licence in Clause 12.3.
12.2 You may not in any way or by any means adapt, copy, modify, reproduce, store, distribute, display, publicly perform, broadcast, include in a cable programme, publish, transmit, sell, rent, lease or licence or otherwise communicate or make available the Software to any other person, or on another website, online service or bulletin board, or on any other media and/or device, other than as permitted by law.
12.3 We hereby grant to you a personal, non-exclusive, non-transferable and revocable licence to install and use the Software on your Device for the purposes of using the Services and for no other purpose whatsoever (the "Licence") PROVIDED THAT such installation and use is made through a Device of which you are the primary user.
12.4 The Licence is solely for the purpose of enabling you to use the Services. You are not allowed to:-
(a) install or upload the Software onto a server or other networked device or take other steps to make the Software available via any form or on any bulletin board, online service or remote dial-in, or network to any other person;
(b) distribute, rent, lease, sub-licence, copy, transfer, assign or otherwise make available the Software and/or the Licence to use the Software to any other person;
(c) allow another person to use the Software;
(d) create or provide any means (including, without limitation, via emulators) through which the Software may be used by others;
(e) translate, reverse engineer, decompile, disassemble, modify, discover, create derivative works based on the whole or part of the Software and/or the source code of the Software, other than as permitted by law; or,
(f) copy, modify, translate or create any derivative works based on the whole or any part of the user documentation concerning the Software.
12.5 You acknowledge and agree that the Software and the Software user documentation provided on the Website and/or through Devices or otherwise, are owned exclusively by us and/or our licensors and are protected by copyrights, trade mark rights and other forms of intellectual and proprietary rights. You hereby acknowledge that the structure, organisation and source code of the Software are the valuable trade secrets of us and our licensors. You acknowledge that save for the rights granted to you in accordance with the Licence, you do not acquire any rights or interests whatsoever in the Software and/or the Software user documentation.
12.6 Upon the termination of these Terms and Conditions with you and/or closure of Your Account for any reason, the Licence issued to you under these Terms and Conditions shall terminate automatically and you must stop using the Software and uninstall it from your Device.
13. Settlement of Transactions in and out of Your Account
13.1 When using a credit or debit card, the cardholder's name must be the same as the name provided in the Membership Registration. We reserve the right to reject a transaction in case of discrepancies between the cardholder's name and the name provided in the relevant Membership Registration.
13.2 You have the responsibility under law to pay any and all debts that you incur with us or our associated parties. You agree that you will not intentionally cancel, reject or revoke any Bet, and you will pay us any and all losses caused by such cancellation, rejection or revocation by you.
13.3 We have the right to terminate your participation in the Services and/or reject withdrawal requests on Your Account if we suspect any fraud or bonus abuse as defined under Section 15 of these Terms and Conditions.
13.4 The Legitimate Winnings payable by us to any Player for any one calendar day (00.00-23.59) on any valid bet or combination of Bets shall be limited to a maximum of ten thousand pounds sterling (£10,000) in aggregate.
13.5 Your Legitimate Winnings do not include the Bet relating to the betting session, event or game from which the Legitimate Winnings arose.
13.6 Subject to clause 17.10, we shall not in any way be responsible for any error occurring in the payment process in or out of Your Account. We reserve the right to void any Bet or transaction relating to any Bet affected by any error in such payment process. You must inform us as soon as possible if you find that the balance in Your Account does not match the balance that you expect.
13.7 Payment of any taxes, fees or charges on your Legitimate Winnings under any applicable laws shall be your responsibility.
13.8 Should sums be credited to Your Account in error, it is your responsibility to notify us of the error as soon as possible and in any event from when you could reasonably be deemed to be aware of the error. Any sums credited to Your Account due to an error will be deemed invalid and in the event that there are sufficient sums in Your Account, such sums will immediately be reversed by us from Your Account. In the event that there are insufficient sums in Your Account, you shall immediately return to us the funds equal to the amount representing the erroneously credited funds. Sums credited to Your Account in error are not available to use as Bets. We reserve the right to void any transaction and/or Bet involving sums paid to you in error. For the avoidance of doubt, where you have a credit balance in Your Account and further sums are erroneously added to this, you are permitted to transact and/or place Bets up to the level of credits available in Your Account excluding the erroneously added sum.
14. Collection of Legitimate Winnings
14.1 Legitimate Winnings will be deposited to Your Account. To make withdrawals from Your Account you may be required (and in all cases as applicable under Clause 14.2) to show or otherwise make available to us in a manner to our satisfaction such due diligence documentation as shall be required by us. This will usually be provided in the form of a copy of an identification document (such as a passport, national identity card or drivers' licence) and a confirmation of your address document (such as a recent utility bill). We may require from you copies of any other documentation as we deem appropriate to combat fraud and/or money laundering, including evidence of source of funds and source of wealth. Please note that all withdrawal requests in respect of Winnings accrued and/ or received through Poker available on the Website will be subject to a 24 (Twenty Four) hour processing period from the time We receive Your withdrawal request.
14.2 You have to show valid identification documents for a single or accumulated withdrawal from Your Account over a rolling thirty (30) day period, equal or higher than two thousand euros (€2,000) or other currencies of the same value or such other amount as may be specified by us from time to time. In accordance with clause 13.10, we reserve the right to carry out any and all further identification, credit and other verification checks from time to time that we require and / or are required to undertake by applicable laws and regulations in respect of any activity on your Account.
14.3 As your card issuer allows, your Legitimate Winnings will be deposited to the credit, debit card or e-wallet which was used for the original deposit in Your Account. The receiver of the Legitimate Winnings must be same person who deposited the funds that were used for the relevant Bet.
14.4 If any individual or group is suspected of collusion and/or fraud, we reserve the right to cancel all or part of the relevant Bet. The money in the account belonging to such Players in such a case may be seized.
14.5 Subject to these Terms and Conditions you can withdraw the funds in Your Account including your Legitimate Winnings. We reserve the right to charge you a reasonable service fee for withdrawing and depositing in to Your Account.
14.6 You must pay all bank and other third party charges due to the transaction in and out of Your Account and we reserve the right to take these charges from your Legitimate Winnings.
15. Promotions and Bonuses
15.1 All promotions, bonuses or special offers are subject to these Terms and Conditions in addition to promotion-specific terms and conditions that we may introduce from time to time in conjunction therewith. We reserve the right, to suspend, cancel or modify such bonuses or promotions rules. It is your responsibility to ensure that you are fully aware of the Terms and Conditions associated with each individual promotion.
15.2 All promotions, bonuses or special offers are limited to one per customer, household address, email address, telephone number, payment details, IP address or device (including those available publicly in a library, workplace or internet cafè).
15.3 Promotions, bonuses or special offers are limited to one per customer within a 7-day rolling period unless specifically stated within the individual promotion, bonus or special offer terms and conditions.
15.4 At our sole discretion, all promotions bonuses or special offers an any winnings accrued from such offers obtained using suspected Duplicated Accounts, as defined in Clause 8.14 will be voided and Your Accounts will be closed.
15.5 In the interests of fair gaming, any equal, zero or low margin bets or hedge betting, shall all be considered irregular gaming for bonus play-through requirement purposes. Irregular game play includes but is not limited to, placing single bets equal to or in excess of 30% or more of the value of the bonus credited (or percentage defined within the promotional offer) to their account until such time as the wagering requirements for that bonus have been met. For this rule, a bet is defined as one roulette spin or one dealer's dealt hand in any table game, or one deal in any Video or Power Poker game (this includes Multi-Hand/Play games). The use of the double or gamble feature shall be considered a new bet and as such is beholding to bonus terms and max bet restrictions. Should we deem that irregular game play has occurred; we reserve the right to withhold/or confiscate all winnings. The use of bonus funds purely to progress through the bonus stages is also deemed irregular play. This includes, but is not limited to, Scrooge, Castle Builder, Tomb Raider Secret of the Sword, Castle Builder, Untamed Series, Peek-a-boo, Stardust, Forsaken Kingdom, Castle Builder 2, Beautiful Bones. Players with an active bonus that moves after winning from low weighted games like table games, to high weighted games such as a slot (or first bets high and then low with a stake not in proportion to the balance) with the sole purpose of completing wagering requirements will be reviewed for irregular game play. This includes but is not limited to moving from a low weighted game to a high weighted game after large wins for the purpose of clearing wagering requirements.
15.6 Bonus wagering requirements must be fulfilled within 30 days from the date the bonus was issued to the account, otherwise the bonus amount received and any winnings generated through the bonus will be forfeited. Only the fund-in amount will be returned.
15.7 Players with pending withdrawals cannot receive bonuses.
15.8 All free spins assigned to a player account must be used within 7 days, unused free spins will be removed thereafter.
15.9 Any winnings from free spins will be credited as a bonus and will be subject to 50 times wagering before they can be withdrawn.
15.10 The maximum that can be won from free spins is £500.
16. Indemnity from you to us
16.1 You hereby indemnify us, our employees and agents for any and all costs, expenses, losses, damages or claims whatsoever (including reasonable legal fees) that may be incurred or suffered by us, our employees or agents arising in any way from your negligent act or omission, your downloading or installation of the Software, your use of Software and/or the Information, and/or any breach by you of any part of these Terms and Conditions.
17. Disclaimers and Nature of the Services
17.1 Gambling is at your own choice and judgement. You should be aware that you bear the full risk of using the Services. By using the Services, you acknowledge that you do not judge the Services, Website or Information to be offensive, objectionable, unfair or indecent. Some jurisdictions have not addressed the legality of online gambling while others have specifically made online gambling illegal. We do not intend that anyone should use the Services or access the Website, Information and/or the Services in jurisdictions where such use or access is illegal. The availability of the Services, Information and the Website should not be construed as an offer, solicitation or invitation by us to use or access the foregoing in any jurisdiction in which such use or access is illegal. Compliance with any laws applicable to you is entirely your own responsibility and we make no representation or warranty whatsoever that the Services, Software, Website or the Information comply with any laws applicable to you.
17.2 We will endeavour to provide the Services, Software, Website and the Information using reasonable skill and care but beyond this no warranty is given. We make no representation or warranty of any kind in respect of the Services, Website, Software and the Information. Subject to clause 17.10, any representation or warranty, whether express or implied, statutory or otherwise in respect of the Services, Software, Website and Information are hereby excluded.
17.3 The Website and the Software are provided "AS IS". We do not warrant that the Services, Software, Website or the Information will be free of interruptions, free from defects, free from errors or free from external interference of any nature or that any unidentified defect will be corrected.
17.4 We do not warrant the Services, Software, the Website, the Information or servers that make them available are free of computer viruses, bugs, spyware, adware or other malicious, destructive or corrupting code, program, data or macro or any other features that may affect any Devices and/or data contained within. You will undertake your own precautions (at your own expense) to ensure that the processes, measures and/or Devices which you employ for using or accessing the Services, installation of the Software and using the Website do not expose you to the risk of computer viruses, bugs, spyware, adware or other malicious, destructive or corrupting computer code or other forms of interference or damage to your Device or data contained within.
17.5 Subject to clause 17.10, in the event of:-
(a) system and/or communication delay relating to Your Account, the Website or any other element of the Services; and/or,
(b) system and/or communication error relating to Your Account, the Website or any other elements of the Services;
we will not be liable to you as a result of any such delay and/or error and we reserve the right to void all Bets affected by such delay and/or error and take any action we deem appropriate to correct such delay or error.
17.6 Subject to clause 17.10, in no event shall we be responsible or liable for any damages, loss or expense, including any interference or damage to your Device or data contained within, in connection with your access to, use of or participation in the Services, Website, Software and/or the Information.
17.7 Subject to clause 17.10, we disclaim any and all warranties, representations and responsibilities in respect of any aspect of the Services, Website, Software and the Information, which may be provided by third parties, including but not limited to broadband service providers, telecommunications service providers, banks and payment providers and shall not on any account be liable for any default, breach or inaction of such third parties.
17.8 We, our employees and agents will not be liable in contract, tort, negligence or otherwise for any losses that were not foreseeable when the contract was formed, losses that were not caused by any breach on our part, business losses, or damage incurred by any user in connection with the Services, Website, Software or the Information, including without limitation any damage for loss of business, loss of data, loss of profits or contracts, loss of income or revenue, loss of data, or loss of goodwill.
17.9 Subject to clause 17.10, we hereby exclude all liability to you whether under the terms of contract tort, negligence or otherwise.
17.10 We do not exclude liability for death or personal injury caused by our negligence or liability caused by our fraud of fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor our failure to use reasonable skill and care when providing you the Services. Your statutory rights remain unaffected.
17.11 We reserve the right to withdraw the Website at any time and will not be liable to you in the event of such action. For the avoidance of doubt, this does not affect Your rights in relation to the protection of customer funds.
17.12 You acknowledge that part or all of the Information may be subject to revision, change or modification, as provided in these Terms and Conditions. You therefore acknowledge that the Information is provided solely for reference and does not constitute advice or solicitation, and is not the subject of, and shall not constitute the basis of any binding representation, warranty, contractual obligation, or reliance on your part of any nature.
17.13 Subject to clause 17.10, our entire and aggregate liability to you whether under the terms of contract, tort, negligence or otherwise shall be limited to the amount of the relevant Bet or in the case of any other matters, an aggregate of the amount in Your betting account with Us.
17.14 You hereby acknowledge and agree that all disclaimers and exclusions of liability contained in these Terms and Conditions represent a fair and reasonable allocation of the risks and benefits of the agreement between you and us, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to us.
17.15 Other than as set out in these Terms and Conditions, if you have any dispute with the result of any Gambling you undertake with us, you must submit your written complaint to us, including full details no later than one calendar month from the issued date of the relevant result or outcome. In the case of a discrepancy between the result or outcome which appears on your Device and the result or outcome in the transaction logs in our system, you agree that the results or outcome in our system's transaction logs shall be the conclusive evidence of the relevant result or outcome. Details should be sent by email to our Player Services to firstname.lastname@example.org. For the avoidance of doubt, this does not affect Your access to any independent adjudication or complaints procedure.
18. Terminating, Closing and Suspending Services
18.1 Given the nature of the Services, we reserve the right to terminate Your Account at any time without prior notice if you are in breach of any of the obligations under these Terms and Conditions. Upon closure of Your Account you will be notified by email of our decision to terminate Your Account and any Legitimate Winnings and other legitimate sums in Your Account will be returned to you. If following thirty (30) days from the date of our email advising you of the termination of Your Account, we have been unable to return Your Account balance to you, a monthly maintenance charge of five pounds sterling (€5.00) will be applied to Your Account until Your Account balance reaches zero and Your Account is closed. We will, prior to commencing such charge, in addition to the initial email notifying You of the termination of Your Account, send one further email notification to You during such thirty (30) day period prompting You for any further information we require in order to return/release any Legitimate Winnings and other legitimate sums to you. During this period Your Account will be suspended and you will not be able to make Bets.
18.2 In addition to other rights available under these Terms and Conditions, we reserve the right, in our sole discretion to:- (i) void any winnings (including Legitimate Winnings); (ii) suspend or terminate Your Account; (iii) terminate these Terms and Conditions with you; and/or (iv) suspend the provision of the Services to you and/or (v) seize all of the funds in your Player Account and to reverse any withdrawals that may be pending in the event that we reasonably determine that:-
(a) you or people living at the same address as you have more than one active account with us;
(b) the name you provided to us does not match the name on the credit or debit card or other payment accounts used to make deposits to Your Account;
(c) you participate in a promotion offered by us but fail to fulfil the requirements of the relevant promotion;
(d) you provide incorrect or misleading registration information;
(e) identification information requested by us was not provided to us;
(f) you are not the older of i)the age of 18 or ii) the legal age for participating in Gambling in the jurisdiction in which you reside;
(g) you access and participate in the Services from a jurisdiction where participation in the Services is prohibited by law or we deem (acting reasonably) that such participation is prohibited by law;
(h) you have "charged back" or procured a "charge back" against us or denied any of the transactions or deposits that you made to Your Account;
(i) you have deposited or sought to deposit money originating from criminal or other illegal or unauthorised activities to Your Account;
(j) you have been cheating or attempting to cheat;
(k) you are committing or attempting to commit fraud or we have reasonable grounds in our sole discretion to suspect price rigging, or deem any betting pattern to be suspicious in any regard;
(l) you employ or seek to make use of an artificial intelligence or other system (including machines, computers, algorithms, software or other automated systems) designed specifically to defeat the system operated by us or you are found to have colluded or attempted to collude with other Players in order to defraud us (or other Players);
(m) you allow (intentionally or unintentionally) a third party to use Your Account;
(n) you fail to comply with any of the provisions of these Terms and Conditions;
(o) you attempt to conceal your location, including but not limited to, through the use of a Proxy server;
(p) you are located in one of the countries stated in Clause 9.1;
18.3 If the provision of the Services is suspended and/or Your Account is deactivated, the provision of the Services may be reinstated and/or Your Account may be reactivated by us after the necessary rectification (if capable of being rectified) action has been taken by you and such rectification has been verified to our full satisfaction.
18.4 We may suspend or cancel Your Account immediately without notice at our absolute discretion if you breach any of the obligations set out in these Terms and Conditions.
19. Links to External Sites
19.1 The Website may contain links to third party websites which are not maintained by us. Links to such third party Websites are provided for your convenience only and we are not responsible for and do not undertake to ensure the contents of such third party websites are accurate, current or maintained.
19.2 We are not responsible or liable and have not provided, reviewed, approved or endorsed any third party websites and we make no representations or warranties in respect of the contents or the privacy practices of any third party websites or any products or services which may be advertised, sold or otherwise made available on any third party websites.
19.3 We shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use of any link to third party websites.
19.4 Unless expressly provided, we shall under no circumstances be considered to be associated or affiliated with any statement, opinion, trade or service marks, logos, insignias or other devices appearing on third party websites, or any products or services which may be advertised, sold or otherwise made available on third party websites or with the operators or owners of third party websites.
20. Links to the Website
20.1 You may not link or create any links, deep or in-line links to any part of the Website, Services or frame the Information.
21. Adding to and/or Deleting from the Services
21.1 We reserve the right, without notification, to add new betting offerings, games or functions to the Website or to create, delete, stop, restrict access to or modify any betting offering, game or function at any time.
22. Abandoned Accounts
22.1 If you do not access Your Account by logging onto the Website and using the Services for any consecutive period of three hundred and sixty five (365) days Your Account will be deemed inactive.
22.2 We shall be entitled to charge you periodic administrative fees during the period that Your Account remains inactive and to set-off such charges against funds in Your Account up to the extent of the balance in Your Account after which Your Account will be closed. Administrative fees will be charged at a rate of five pounds (￡5.00) sterling per month of inactivity. We shall prior to commencing such charges send an email to you notifying you of our intention to commence such charges.
23. Account Limits, Payout Limits and Maximum Bets
23.1 The following are the limits that can be won by a single client in respect of any one day’s business. Our operators are not authorised to accept bets that exceed these limits. In the case of bets taken in error, the limit will stand. All limits are noted in Pounds Sterling.
€50,000 - Horse racing where all the selections are in races governed by a full official service within the UK or Ireland, broadcast live by SIS or an alternative provider, inclusive shows, offs, results and live pictures.
€50,000 - South Africa
€50,000 - Horse racing in all other countries and selections that are not covered by a full official service.
€1,000 Max bonus payout per Player in Best Odds Guaranteed
€50,000 - All English & Scottish leagues, Primera Liga, Serie A, Bundesliga, International Matches, UEFA Champions League and UEFA Cup.
€50,000 - Any other leagues.
€50,000 - All other sports as detailed in their individual rules.
Non Sport and Specialty Bets
€ 25,000 - Includes bets on media and television events such as Eurovision Song Contest, Big Brother etc.
23.2 For multiple bets including selections from markets where different limits apply, the maximum payout on the bet will default to the lowest applicable limit and in no case shall exceed €50,000 (or equivalent amount in other currencies).
23.3 As stated in Clause 13.4, the maximum winnings payable by us to any Player for any one calendar day (00:00 - 23:59) on any valid bet or combination of Bets, including Ante Post shall be limited to a maximum of ten thousand pounds sterling (£10,000) in aggregate.
23.4 Any group of Players who have placed the same combination of selections and we believe have been acting as a syndicate, will be treated as one Player for the purpose of the above limits.
23.5 The maximum amount you can Bet varies according to the type of Gambling and the terms offered by us in relation to the type of Gambling as detailed in these Terms and Conditions relevant Rules and/or the Website and is subject to change without prior notice but in any event will not exceed the funds in Your Account available to place Bets.
23.6 Players are permitted to establish self-imposed deposit limits to restrict the nature of their transactions in the 'My Account' section of the Website or by contacting Customer Services. Maximum thresholds limits can be placed by deposit value and by term; the terms are daily, weekly or monthly. Once the deposit value limit threshold is reached further deposits will not be possible until the term period chosen has ended. Players can amend and cancel such thresholds in the 'My Account' section of the Website or by contacting us via email (see contact us page) however if this is an increase in the deposit value this will only be implemented after a 24 hour cooling-off period has elapsed and a second confirmation has been accepted by you. Any change to the deposit value limit or the term limit is in effect implementing a new limit facility, consequently when the new limit takes effect the full deposit value set will be available to you irrespective of previous deposits made.
24. Responsible Gambling
24.1 Any person with a gambling problem must not sign up for an account or play under any circumstances. If you discover that you have a gambling problem after registration you are required to inform us and cease playing via the Website immediately.
24.2 We provide a Self-Exclusion facility to allow you to prevent yourself from placing Bets with us and/or from accessing Your Account for periods at your discretion between six (6) months and five (5) years.
24.3 We provide a Time-Out facility to allow you to take a break from betting for periods of: 24 hours; one week; one month; or such other period as you may reasonably request, up to a maximum of six weeks. As in Clause 24.2, during the selected period you will be unable to place any Bets with us and/or access Your Account. Once the Time-Out period has ended, Your Account will automatically re-open.
24.4 If you self-exclude from gambling with us via chat or email, Your Account will be updated within 2 days. If you apply self-exclusion using the automatic function within Your Account settings this will be applied immediately. Once this change has been made to Your Account, for the exclusion period, you will receive no further marketing information from us, any funds you have on account with us will be returned to you and it will not be possible for Your Account to be re-opened for any reason until after the exclusion period has expired. If you wish to use this facility or would like further information on this, please contact us at email@example.com or visit Your Account pages.
24.5 In addition to this Website, a number of other gambling websites are operated under the licences of TGP Limited & TGP Europe Limited (such licence being as defined under Clause 2.1). Any request you make for a time-out Facility or self-exclusion Facility to be set on Your Account will automatically be applied to all accounts you may have under the licence of TGP Limited or TGP Europe Limited.
24.6 Should you request the application of a self-exclusion Facility to be set on Your Account, you will be required to contact us at SportPesa or by 24/7 live chat in order to reactivate Your Account after your elected period of self-exclusion has concluded. If you wish to recommence at the end of your selected self-exclusion period, you will be re commencing to the licence from which was self-excluded from, and not just the brand you originally self-excluded with. This will enable you to use all TGP brands.
24.7 Deposit limits or any other settings or restrictions aside from those detailed in 24.2 and 24.3 will not automatically be applied to any other website operated under the licence of TGP Limited or TGP Europe Limited.
24.8 Adding a time-out facility does not prevent you from opening new accounts with other websites including those operated under the licence of TGP Limited or TGP Europe Limited.
24.9 You may request that Your Account be closed at any time. We will act on an email from a Players registered email address.
24.10 Please note that all and any bets placed prior to our receipt of written notification of your wish to self-exclude will remain valid. Self-exclusion will only apply to bets made after appropriate written notification is duly received by us. Notification should accordingly be sent from a Player's registered email address (where one is so held) to our email address as so noted in Clause 24.4.
24.11 We shall not be responsible for any loss incurred by a Player, and shall not be liable to pay any winnings to a Player, who opens an account with the provision of false registration information to us in order to try and facilitate play after self-excluding.
24.12 Upon registration, we will perform checks to ensure that you are over 18 years old. If we are unable to verify your age your account will be suspended and you will be asked for further information. If satisfactory age verification has not been completed within 72 hours of registration or we conclude that you are under 18 years old your deposits will be returned, any bets will be void and your account will be closed.
24.13 In the event that we become aware of any breach we reserve all rights as afforded to Us under these Terms and Conditions and as particularly set out in Clause 18.2 (f) in regard to the closure of Your Account and the right to void any winnings.
24.14 Further help and information in respect of responsible gambling is also available through confidential professional organisations, including but not limited to information on software that is available to prevent an individual computer from accessing gambling internet sites. The following websites contain helpline numbers and an e-mail address that may be contacted for confidential advice and support:
25. Violations of these Terms and Conditions
25.1 We reserve the right to seek all remedies available at law and in equity in respect of any breach of these Terms and Conditions.
26. Force Majeure
26.1 If we fail or we are late to perform any obligation under these Terms and Conditions due to the occurrence of events beyond our control (including, but not limited to: nature disasters, changes in applicable laws or regulations, action or inaction of government, civil or military authority, court orders, act of terrorism, lightning or fire, strike, lockout or other labour dispute, flood, draught, war, riot, theft, transmission or system failures, failure or interruption in the provision of telecommunications or broadband services, failure or shortage of power supplies or equipment, inclement weather, earthquake and natural disasters), such failure or delay does not constitute a breach of these Terms and Conditions.
27. Non Waiver
27.1 In the event that we fail to enforce any provisions of these Terms and Conditions, this will not render a waiver of the rights to enforce such provision or influence the effectiveness of these Terms and Conditions, or impede any further action by us.
28. Relationship Between you and us
28.1 Nothing in these Terms and Conditions shall be construed as creating any agency, partnership, joint venture or any other form of joint enterprise between you and us.
29.1 If any parts of these Terms and Conditions are determined to be invalid, unlawful or unenforceable by a court of competent jurisdiction, such terms will be separated from the others to that extent while the others will continue to be valid and enforceable to the full extent permitted by law.
30. Post Termination
30.1 The terms of Clauses 2.3, 5, 13, 14, 19, 22, 29 and 31 shall extend post termination of these Terms and Conditions and/or termination of Your Account.
31. Third Party Rights
31.1 Nothing in these Terms and Conditions will create or confer any right or benefit in favour of any party other than the parties herein and whether under legislation or otherwise.
32.1 You are not allowed to transfer, assign or novate any part of these Terms and Conditions or any rights hereunder to any third party.
32.2 We are entitled at any time to transfer, assign or novate any part of these Terms and Conditions to any third party.
33.1 Any notice we give to you (unless stated otherwise in these Terms and Conditions) will be sent to you at the email address you provided to us when you registered with us. Any such notice will be deemed served twenty four (24) hours after dispatch by us.
33.2 Any notice you give to us must be sent by recorded delivery mail (or airmail if relevant) and sent to our registered office address and marked for the attention of the Managing Director.
34. Governing Law and Jurisdiction
34.1 You agree that your access to the Services, Website, Software, the Information and the interpretation of these Terms and Conditions is governed by the laws of the Isle of Man.
34.2 The parties hereby submit to the non - exclusive jurisdiction of the courts of the Isle of Man. However, this Clause 34.2 shall not prevent:-
(a) you from making any complaint about us to the Isle of Man Gambling Supervision Commission or the appointed Alternative Dispute Resolution service;
(b) either party from seeking any injunction or similar relief or action in any court of competent jurisdiction.