BETFAIR TERMS AND CONDITIONS
Welcome to Betfair. We offer you a global portfolio of gambling products and services.
If you wish to bet, or to play games for real money, you will need to open an account with us. By opening an account with us, you agree to be bound by our Account Terms and Conditions of Use.
BETTING
Before beginning to bet, you should read through our Betting - General Conditions as well as the "Specific Conditions" which apply to you and to each of your betting transactions as set out below.
BY ENTERING INTO ANY BETTING TRANSACTIONS ON OUR SITE, YOU AGREE TO BE BOUND BY BOTH THE BETTING - GENERAL CONDITIONS AND THE SPECIFIC CONDITIONS APPLICABLE TO THAT PARTICULAR BETTING TRANSACTION.
SECTION 1: Betting - General Conditions [these are applicable to all bets placed on our site]
SECTION 2: Specific Conditions for UK registered customers [these are applicable to all UK registered customers betting on the exchange on events other than Australasian events*]
SECTION 3: Specific Conditions for non UK registered customers [these are applicable to all non UK registered customers betting with Betfair on events other than Australasian events*]
SECTION 4: Specific Conditions for Australasian events* [these are applicable to all customers betting on Australasian events*]
SECTION 5: Specific Conditions for Multiples [these are applicable to all customers placing multiples bets on events other than Australasian events*]
SECTION 6: Specific Conditions for Tote bets [these are applicable to all customers placing Tote bets other than Australian Tote bets]
*Australasian events are identified on our site by an Australian flag and generally mean an event that takes place in Australia
GAMING
Before playing Betfair Poker, Betfair Casino or other games with us, you should read through our Betfair Gaming - Conditions of Use.
BY PLAYING THE GAMES OR ANY OF THEM, YOU AGREE TO BE BOUND BY OUR CONDITIONS OF USE.
V 01/10 13/04/10
ACCOUNT TERMS AND CONDITIONS OF USE
Welcome to Betfair. Before you can use our services, you need to open an account and deposit funds.
Please read these Terms and Conditions carefully before opening an account with us.
Please also read our Privacy Policy, Dispute Resolution Policy and Trust Deed which are incorporated by reference into these Terms and Conditions. If there is any inconsistency between these Terms and Conditions and any of the documents listed above, these Terms and Conditions will prevail.
BY CLICKING THE "I CONFIRM" BUTTON ON THE ACCOUNT OPENING SCREEN, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
If you reside in the UK, you will be opening an account with Betfair Limited, and references in these Terms and Conditions to "Betfair", "we", "us" or "our" will be to Betfair Limited.
If you reside in Australia or New Zealand, you will be opening an account with Betfair Pty Limited and references in these Terms and Conditions to "Betfair", "we", "us" or "our" will be to Betfair Pty Limited.
If you reside anywhere other than the UK, Australia or New Zealand, you will be opening an account with Betfair International ENC, and references in these Terms and Conditions to "Betfair", "we", "us" or "our" will be to Betfair International ENC.
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Your Account
In consideration of our accepting your application to open an account, you represent to us (and acknowledge that we rely on these representations) as follows:
- You are 18 years of age or over, of sound mind and capable of taking responsibility for your own actions and that you can enter into a legally binding agreement with us;
- You agree to provide accurate registration information, including without limitation your correct date of birth. You agree to inform us of any changes in such details;
- You are the person whose details are provided in connection with your registration or, in the case of legal entities, you are a duly authorised representative of the relevant legal entity;
- You are not an undischarged bankrupt or in a voluntary arrangement with your creditors; and
- You are not located in the United States of America, Turkey or such other restricted jurisdictions as Betfair may from time to time determine.
You are solely responsible for the security and confidentiality of your account. In particular, you agree to keep your username, password and/or TAN strictly confidential and you are responsible for any misuse of your password and/or TAN. Provided that we have been correctly supplied with the account information requested, we are entitled to assume that offers and payments are made by you. You should change your password on a regular basis and never disclose it to any third party. You undertake to protect your username and password in the same way that you would in respect of your bank cards and any failure to do so shall be at your sole risk and expense. If another person accesses your account, you are solely responsible for all their actions whether or not their access was authorised by you and you hereby indemnify us and hold us harmless against all costs, claims, expenses and damages howsoever arising in connection with the use of or access to your account by any third party.
You will not attempt to sell or otherwise transfer the benefit of your account to any third party and nor will you acquire or attempt to acquire an account which has been opened in the name of a third party.
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Deposit and withdrawal of Funds
To bet or to play games for money on Betfair, you need to deposit funds. All funds in customer accounts are held in a trust administered by The Sporting Exchange (Clients) Limited (the "Trustee"), part of the Betfair group of companies. The Trustee administers the funds in accordance with the terms of the Trust Deed. The Trustee holds the funds in your account on your behalf by way of security to meet any payment obligations you may incur as a result of betting or playing games on our site. Details of the manner in which the Trust is operated are set out in the Trust Deed.
You undertake that:
- all money that you deposit in your account is untainted with any illegality and, in particular, does not originate from any illegal activity or source; and
- all payments made into your account are authorised and you will not attempt to reverse a payment made into your account or take any action which will cause such a payment to be reversed by a third party, in order to avoid any legitimate liability.
You accept that any transactions made by you which Betfair deems suspicious, may be reported to the appropriate authorities.
We have a number of controls and checks that take place before any withdrawal request is processed by Betfair. These checks are part of our ongoing commitment to maintaining the security of our customers’ funds. All withdrawals requests are therefore only processed after the expiry of a period of 12 hours from the withdrawal request being made.
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Privacy
The information that you send to us will be processed in accordance with our Privacy Policy.
You authorise us, at any time, to use any means that we consider necessary to verify your identity and creditworthiness with any third party providers of information.
You agree to indemnify us and hold us harmless in respect of the release of any personal (or other) data pursuant to our Privacy Policy
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Indemnity
You acknowledge that Betfair and its affiliates will hold information with respect to your identity, including but not limited to your name, address and payment details. You agree that we rely on this information in entering into our agreement with you and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide us.
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Errors and Omissions
You will inform us as soon as you become aware of any errors with respect to your account and you will forfeit any amounts shown to be in your account that result from human error or technical fault.
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Suspension or termination
Either we or you may suspend or terminate your account at any time upon notice. Following termination or suspension of your account, the Trustee will, in the normal course of events, return any funds in your account to you in accordance with the Trust Deed.
However, we reserve the right to notify the Trustee to withhold the funds in your account from you pending the determination of any investigation (including any relevant external investigation) where:
- we suspect you have acted in breach of these Terms and Conditions or any other agreement relevant to your activities on our site, including where we suspect the account has been linked with fraudulent or dishonest activity; and/or
- we have to notify the Trustee to withhold the funds in your account by law or to comply with any advice, request or instruction from any governmental, regulatory or enforcement authority.
Following the determination of any such investigation we reserve the right to notify the Trustee that the funds in your account should be released to us if we are satisfied that you have acted in breach of these Terms and Conditions or any other agreement relevant to your activities on our site. We will deal with any funds obtained by us in this manner at our sole and absolute discretion and/or in accordance with any advice, request or instruction from any governmental, regulatory or enforcement authority.
In addition, if formally requested by the police, gambling regulators or taxation or other authorities or in the event that you fail to provide us with sufficient information to identify yourself in accordance with our own internal procedures or those imposed on us by regulatory authorities (wherever based) we may suspend your account and all functionality relating to the use of your account (e.g. bet management and withdrawal of funds) and notify the Trustee to withhold from you any funds in your account pending determination of any criminal or other legal proceedings or investigation to which such a request may relate or until you provide the necessary 'know your client' or 'age verification' information as appropriate.
For the avoidance of doubt at no point during any such period will interest accrue to you on any funds in your account.
For all customers other than UK and Australasian registered customers, if you do not use your account for a continuous period of 12 months, we will suspend your account. If we are not able to contact you within one month from the date that your account is suspended, any funds remaining in your account may be forfeited to the Malta Lotteries and Gaming Authority pursuant to Maltese gaming regulations. For further information about the LGA please go to www.lga.org.mt.
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Assignment
You may not assign these Terms and Conditions to any third party. Betfair may assign, transfer or novate any or all of its rights and obligations under these Terms and Conditions to any third party at any time without notice to you.
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Severability
In the event that any provision of these Terms and Conditions is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.
Any provision of these Terms and Conditions that is invalid, illegal or unenforceable in any jurisdiction will be ineffective in that particular jurisdiction, without affecting the validity, legality or enforceability of that provision in other jurisdictions.
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Dispute resolution
In the event of a dispute arising between us and you, we each agree to follow the procedure set out in our Dispute Resolution policy as amended from time to time.
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Amendments
We reserve the right to make changes to these Terms and Conditions at any time. It is therefore your responsibility to check these Terms and Conditions from time to time to ensure that you agree with them, and your continued use of the site will be deemed to be your acceptance of any changes we may make.
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Communications and notices
Communications and notices to be given by you to us under these Terms and Conditions should be provided to us as set out in the Contact us section.
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Governing Law and Jurisdiction
If you reside in the UK:
- these Terms and Conditions will be governed by the laws of England and Wales;
- the courts of England and Wales have exclusive jurisdiction in relation to all disputes under these Terms and Conditions; and
- the Contracts (Rights of Third Parties) Act 1999 does not apply to this Agreement.
If you reside in Australia or New Zealand:
- these Terms and Conditions will be governed by the laws of the state of Tasmania; and
- you agree to submit to the non-exclusive jurisdiction of the courts of Australia in relation to all disputes under these Terms and Conditions.
If you reside anywhere other than the UK, Australia or New Zealand:
- these Terms and Conditions will be governed by the laws of Malta;
- by accepting these Terms and Conditions, you agree to submit to the exclusive jurisdiction of the location that Betfair determines in its sole discretion, in respect of any disputes arising out of, or connected with, these Terms and Conditions;
- nothing in this paragraph shall prevent Betfair from applying to the courts of any jurisdiction for such provisional or protective measures as are available under the laws of that jurisdiction; and
- the rights and obligations under these Terms and Conditions shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods and/or any local implementing legislation, the application of which is expressly excluded.
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English Version
These Terms and Conditions have been prepared in various languages other than English for reference only. In the event of any differences between the English version of these Terms and Conditions and any non-English versions, the English version shall prevail.
V 02/10 30/07/10
BETTING
SECTION 1: Betting - General Conditions [these are applicable to all bets placed on our site]
SECTION 2: Specific Conditions for UK registered customers [these are applicable to all UK registered customers betting on the exchange on events other than Australasian events*]
SECTION 3: Specific Conditions for non UK registered customers [these are applicable to all non UK registered customers betting with Betfair on events other than Australasian events*]
SECTION 4: Specific Conditions for Australasian events* [these are applicable to all customers betting on Australasian events*]
SECTION 5: Specific Conditions for Multiples [these are applicable to all customers placing multiples bets on events other than Australasian events*]
SECTION 6: Specific Conditions for Tote bets [these are applicable to all customers placing Tote bets other than Australian Tote bets]
*Australasian events are identified on our site by an Australian flag and generally mean an event that takes place in Australia
V 02/10 30/07/10
SECTION 1: BETTING - GENERAL CONDITIONS
Betfair provides a platform upon which you can enter into various betting transactions in relation to the markets available on our site ("Markets").
You can enter into betting transactions either:
- on our site (the "Website Service");
- by telephone (the "Telephone Service");
- by mobile telephone ("Betfair Mobile"); or
- by the Application Programs Interface ("API").
Please note that not all Betfair betting products are available through each of the betting channels set out above.
In these General Conditions when we refer to "the Services" we mean all the services listed above (where applicable).
In these General Conditions references to "Betfair", "we", "us" and/or "our" are to whichever Betfair group company is providing the Services to you as set out in the Specific Conditions applicable to your betting transaction.
Please read these General Conditions, and the Specific Conditions applicable to you and your betting transaction carefully before entering into any betting transactions on Betfair.
Please also read our Rules and Regulations, Privacy Policy, Dispute Resolution Policy, Trust Deed, Betfair Charges, the conditions relating to Betfair Mobile(if you plan to access the Services by mobile phone) and the conditions relating to the API (if you plan to enter into a licence to use the API). All of these documents are incorporated by reference and form part of these General Conditions.
If there is any inconsistency between the documents listed above, this document and the relevant Specific Conditions, the Specific Conditions will prevail over this document which will prevail over the documents listed above.
By entering into any betting transactions on Betfair, you agree to be bound by these General Conditions and the Specific Conditions relevant to your betting transaction (together "the Agreement").
CONDITIONS RELATING TO YOUR USE OF THE SERVICES
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Licence to use our site
Betfair grants you a limited licence to access our site provided that you comply with this Agreement.
The availability of our site does not constitute an offer or invitation by Betfair to use the site in any jurisdiction in which such use is illegal.
Your use of our site or any data feeds we may provide to you confers no rights whatsoever to the content and related intellectual property rights contained on our site or on any such data feeds. You agree not to monitor, use or copy our web pages or any of our web content, including without limitation any price data. You will not attempt to hack, make unauthorised alterations or introduce any kind of malicious code to the site by any means. You will not (a) reverse engineer or decompile (whether in whole or in part) any software available through the site; or (b) make copies, modify, reproduce, transmit, alter or distribute all or any part of the site or any material or information contained on it. Any unauthorised use or reproduction may be prosecuted.
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Use of our Services
You understand that you may lose money on bets placed and accept that you are fully responsible for any such loss. You accept that under no circumstances will any amounts lost by you under any bet be recoverable from us.
It is your responsibility to verify that you are permitted to bet with us in any jurisdiction in which you are located and you agree that you will not bet with us while you are located in a jurisdiction which prohibits you from betting with us. In particular, you will not bet or attempt to bet with us if you are located in the United States of America or such other restricted jurisdictions as Betfair may from time to time determine.
You undertake to use our services for legitimate betting purposes only. In particular you undertake not to (i) engage in any activity which has the purpose or effect of causing damage to or in any way hindering our business operations or generating or increasing a liability on us, including without limitation any tax, levy or duty collecting authority; or (ii) bet on, or manipulate any individual Market in a manner which we believe has the purpose or effect of adversely affecting the integrity of the Exchange or any Market.
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Your Conduct
You will not attempt to use the Exchange to deliberately transfer money from one Betfair account to another by attempting to match bets on a Market with another account through collusion.
You will inform us as soon as you become aware of any errors in calculations with respect to any betting transaction. We reserve the right to declare null and void any bets which are the subject of such an error.
You will not disguise or interfere in any way with the IP address of the computer you are using to access the site or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing the site.
You agree it is your responsibility to account for any tax or duty imposed on you as a result of any of your betting transactions.
You agree that you will not access any other Betfair account to use any of our services or products from which you have self-excluded, during the period of any such self-exclusion.
You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in connection with the forums or any other part of our site including within your own username or other information contributed to our site.
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Privacy
Any information you send to us will be processed in accordance with our Privacy Policy.
You authorise us, at any time, to use any means that we consider necessary to verify your identity and creditworthiness with any third party providers of information.
We reserve the right to record ALL telephone calls to and from Betfair and to monitor all information relating to betting activities for which purposes you consent in accordance with the requirements of the Regulation of Investigatory Powers Act 2000 and such other legislation as may be applicable.
You agree to indemnify us and hold us harmless in respect of the release of any personal (or other) data pursuant to this Agreement.
CONDITIONS RELATING TO BETTING
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Operation of our Services
You are responsible for understanding the contents of our site and the operation of the Services and we reserve the right to change the format of the Services in order to enhance such Services.
We may determine when the Markets are open for betting and may close the Markets at any time in our absolute discretion. Though we will at all times use reasonable endeavours to settle Markets as quickly as possible, we give no assurances as to the timeframe in which Markets will be settled.
We may take steps to block you from betting on our site if you are located in certain jurisdictions, for example the United States of America.
You are entirely responsible for the information that you provide to us concerning the offer that you wish to place. We will not enquire into the reasonableness of any offer that you may make. We will not be liable for incorrect entries made by you, including data input errors with respect to the odds, price or stake on offer, or incorrect bet requests communicated by you to a Betfair Telephone Operator.
In the interests of maintaining integrity and fairness in the Markets we may, at our sole and absolute discretion, decide to suspend betting on a Market earlier than anticipated by our Rules and Regulations and/or void certain bets or a Market in its entirety.
You should be aware that some customers make use of programs designed to automatically place bets within certain parameters set by them (e.g. to back or lay at a certain price) (“bots”). These bots may be active in any or all Markets at any time and you should not assume that you can place bets on quiet Markets that will not be automatically matched simply because the Market otherwise appears quiet. Additionally bot users should be aware that bots might be prone to exploitation by other customers.
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Cancellation, Termination, Suspension and Breach
We may restrict your access to Betfair, suspend or terminate your account, withdraw your offers for bets, void any bets outstanding to your account, cancel any unmatched bets or cancel and void any outstanding or matched bets in our absolute discretion without cause at any time including if:
- there is a technological failure;
- we suspect that you are engaging in illegal or fraudulent activity;
- we suspect that you have (or may have) breached any part of this Agreement;
- we suspect you are acting in a manner that is detrimental to the conduct of our business or which may result in legal liability for you, us or third parties;
- we suspect that you may be having difficulties obtaining credit; or
- we have the right to do so as set out in our Rules and Regulations.
In relation to any cancelled or void bets, we reserve the right to notify the Trustee that any money in your account relating to these bets be paid to us in accordance with the Trust Deed or, if there are insufficient funds in your account, demand that you pay us the relevant outstanding amount relating to these bets.
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Gambling by those under age
If we are notified that you are under 18 or were under 18 when you entered into any betting transactions on our site ("under age"):
- we will immediately prevent you from entering into any betting transactions or making any withdrawals from or use of your account;
- we will investigate the claim that you are or were under age, including whether in fact you have been betting as an agent for or at the behest or on behalf of another person;
- if we find that you are or were under age, we will notify the Trustee that all winnings which have accrued and remain in your account or which are otherwise due to be credited to your account should be paid to us in accordance with the Trust Deed;
- you must pay to Betfair all winnings gained from betting whilst under age on demand. Should you not comply with this duty we will seek to recover from you or to set off against any stakes placed by you any winnings paid to you as a result of bets placed together with the costs of such recovery. Any sums recovered will belong to Betfair; and
- we will not return to you any charges paid by you to us in respect of bets made whilst you were under age; and
- any winnings you may make through your Australian wallet shall be forfeited to the Tasmanian Government.
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Cancellation of an offer for a bet
You may cancel unmatched bets at any time either by:
- requesting a cancellation of the relevant offer in the relevant section of the relevant Market on our site; or
- by instructing a Betfair Telephone Operator to request a cancellation of the relevant offer.
Your cancellation of an unmatched bet becomes effective once we send you confirmation of the cancellation. In the event that your cancellation request is not received and processed in good time, you acknowledge that your offer may remain outstanding and available for acceptance.
You may not be able to cancel your offer if your bet has been partially or wholly accepted during the interval between your submitting your cancellation request and our confirming your cancellation. In this case, your original offer, or part thereof, will be validly accepted and the bet will be concluded.
When you amend an unmatched bet you are effectively cancelling that bet and submitting a new bet at the amended stake or odds.
We will cancel any offers for bets that remain outstanding at the time that we close a Market.
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Minimum and maximum bet stakes
Depending on the product or type of market you are betting on and depending on the currency that you are betting in, there are minimum bet sizes that apply. These minimum bet sizes are subject to change and may differ depending on whether you are on our site or using the Telephone Betting Service. You are not permitted to place bets or try to place bets that are below the minimum bet size threshold and doing so may result in your account being permanently closed.
Your betting limit is represented by the lesser of: (i) your 'Available to Bet' balance shown in your account and (ii) your ‘Exposure Limit’ (which is available in the “Account Summary” tab in “My Account”). However in the event that we process an offer for a bet or the acceptance of a bet in an amount outside the applicable thresholds, such bet will nevertheless stand.
- Bet Settlement
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Commission and payment structure
We charge a commission calculated by reference to your net winnings on a Market. In certain specified circumstances, you may also incur certain other charges. Please refer to Betfair Charges in the About Us section which sets out in detail how all commission and charges are calculated.
We reserve the right to amend our policy as set out in Betfair Charges as amended from time to time.
We will calculate the amounts that you owe us and notify the Trustee accordingly. The Trustee will deduct such amounts from your account and will pay such amounts to us in accordance with the Trust Deed.
Any amounts owed to us will be rounded to the nearest two decimal places. If the amount ends in 0.5 it will be rounded up.
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Matters beyond our reasonable control
We are not liable for any loss or damage that you may suffer because of any: act of God; power cut; trade or labour dispute, act, failure or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party. In such an event, we reserve the right to cancel or suspend our services without incurring any liability.
We are not liable for the failure of any equipment or software howsoever caused, wherever located or administered, or whether under our direct control or not, that may prevent the operation of the Services, impede the placing of offers for bets or the matching of bets, or prevent you from being able to contact us. In particular you should be aware that if you place a bet with the intention of subsequently placing a separate bet to reduce the liability incurred by the initial bet, there can never be a guarantee that the Services will be available at the point you wish to place the subsequent bet.
We will not be liable for any failure to perform by a third party to our Agreement.
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Indemnity
You agree to indemnify and hold us and our associated companies, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of your breach of this Agreement (including documents incorporated by reference) or out of your violation of any law or the rights of any third party.
You acknowledge that Betfair and its affiliates will hold information with respect to your identity, including but not limited to your name, address and payment details. You agree that we rely on this information in entering into this Agreement and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide us.
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Limitation of liability
We exclude all representations and warranties as to the satisfactory quality and/or fitness for its intended purpose and/or accuracy and completeness of the Services.
We will not be liable to you for any loss that you may incur as a result of misuse of your password, or in the case of the Telephone Service, of your telephone access number, and we accept no liability resulting from its unauthorised use, whether fraudulent or otherwise.
In no event will we, or any of our suppliers, accept any liability however arising for any losses you may incur as a result of using the Services. Under no circumstances will our liability under this Agreement or for breach of contract, tort, equity or otherwise exceed your exposure limit as specified in your account. Under no circumstances will we be liable for any indirect, special or consequential damages, loss of profits (direct or indirect) or the benefit of any bet arising from breach of contract, negligence, equitable duty (including for the avoidance of doubt in relation to any bet(s) or Market(s) voided by us) or other liability even if we had been advised of or known (or should have known) of the possibility of such damages or loss.
Nothing in this Agreement excludes our liability with respect to death and personal injury resulting from our negligence, or that of our employees, agents or subcontractors.
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Right of set off
We may at any time, without notice to you, notify the Trustee to set off any liability owed to us or to our customers by you, including (without limitation) in relation to any Betfair account in your name or which we believe to be under your control, against any funds held in another Betfair account in your name or which we believe to be under your control in accordance with the terms of the Trust Deed.
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Intellectual property
The Sporting Exchange Limited ("TSEL"), part of the Betfair group of companies, is the owner of:
- all copyright and related rights in and to our site, including, without limitation, rights in databases and all rights in any price data and related content on our site except for certain third party rights (referred to below);
- all trade mark rights, whether registered or unregistered, in and to BETFAIR and the BETFAIR logo; and
- the domain name www.betfair.com which is our uniform resource locator ("URL").
Any unauthorised use of any of these rights may result in prosecution or other action being taken against you.
You hereby assign to TSEL absolutely, any and all copyright and other intellectual property rights throughout the world in all media whether now known or hereafter developed, for the full period of copyright, including by way of present assignment of future copyright and all other rights whatsoever, in any offers for bets or bets placed by you on our site.
Any data licensed to Betfair and/or TSEL from third parties is provided for use on our site only and may not be used for any commercial purposes without the consent of such third parties.
CONDITIONS RELATING TO OTHER SERVICES
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Information Services
From time to time Betfair may provide you with access to various information and content (e.g. form data, results, video streaming) via our site (including micro-sites and as part of any runner data and/or results service), the Telephone Betting Service, emails or any other means of communication. Further Betfair may provide you with links to third party websites which may include information.
This information is supplied "as is" and for guidance only. Use of such information is entirely at your own risk. To the fullest extent permitted by law, Betfair makes no representations or warranties of any kind, including but not limited to, the accuracy, quality or completeness of the information.
Betfair shall not be liable for any action taken by you as a result of your relying on any of this information or for any loss or damage suffered by you as a result of you using such information or any third party website linked to Betfair.
Any links to third party websites do not constitute an endorsement by Betfair of any products or services available on such websites. You use such websites at your own risk and Betfair takes no responsibility for the content on, or use of, such websites.
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Betfair Forum
From time to time Betfair may provide you with access to an online chat forum (the "Betfair Forum"). If you use the Betfair Forum you agree to be bound by the Betfair Forum Terms and Conditions. The Betfair Forum Terms and Conditions are incorporated into this Agreement by reference.
We shall not be liable to you for any defamatory postings made by you or in relation to you. You agree to indemnify Betfair against any and all loss suffered by Betfair or any of its affiliated companies as a result of any Betfair Forum posting made by you.
You grant Betfair an irrevocable and perpetual license to use or reproduce all forum postings posted by you for any purpose and in any jurisdiction whatsoever.
GENERAL CONDITIONS
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Assignment
You may not assign any part of this Agreement without Betfair's written consent but Betfair may assign any or all of this Agreement to any third party at any time without notice to you.
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Severability
In the event that any provision of this Agreement is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of this Agreement shall not be affected.
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Dispute resolution
In the event of a dispute arising between us and you, we each agree to follow the procedure set out in our Dispute Resolution policy as amended from time to time.
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Amendments
We reserve the right to make changes to our site and all guides and policies included on our site, including this Agreement at any time. You will be subject to the guides, policies, conditions and agreements in force at the time that your bets are matched. It is therefore your responsibility to check the guides, policies and this Agreement from time to time to ensure that you agree with them, and your continued use of the Services will be deemed to be your acceptance of any changes we may make.
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Communications and notices
Communications and notices to be given by you to us under this Agreement (other than those exchanges of information occurring in the normal operation of the site) should be provided to us as set out in the Contact us section.
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English language version
This Agreement has been prepared in various languages other than English for reference only. In the event of any differences between the English version of this Agreement and any non-English versions, the English version shall prevail.
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Entire Agreement
This Agreement and the terms expressly incorporated into them constitute the entire and only agreement between the parties with regards to its subject matter and each party confirms that it has not been induced to accept this Agreement in reliance upon, nor has it been given, any warranty (including in particular any warranty as to merchantability, fitness for purpose or uninterrupted functionality), representation, statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature whatsoever other than as are expressly set out in this Agreement and, to the extent that it has been, it unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have had in relation thereto.
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No waiver
No failure or delay by a party to exercise any of its rights under this Agreement shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right.
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Governing Law and Jurisdiction
This Agreement is governed by the laws of and subject to the jurisdiction of the courts of the country set out in the "Governing Law and Jurisdiction" clause of the relevant Specific Conditions applicable to your particular betting transaction.
Subject to these General Conditions and any applicable Specific Conditions we will settle Markets in accordance with our Rules and Regulations. We reserve the right to reverse or amend settlement in the event of a Market being settled incorrectly. This may lead to amendments being made to your account to reflect changes in Market settlement and if there are insufficient funds in your account we may demand that you put funds into your account to address the outstanding balance.
Any amount of winnings or losses relating to your bets on a Market will be rounded to the nearest two decimal places. If the amount ends in 0.5 it will be rounded up.
CONDITIONS RELATING TO US
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SECTION 2: SPECIFIC CONDITIONS FOR UK REGISTERED CUSTOMERS BETTING ON THE EXCHANGE ON EVENTS OTHER THAN AUSTRALASIAN EVENTS
Betfair Limited ("Betfair") provides an exchange upon which our UK registered customers can bet with each other (the "Exchange") on the various markets available on our site ("Markets").
Please read these Specific Conditions and the General Conditions carefully, before making any offers for bets or accepting any bets on the Exchange.
If you and your betting transaction is covered by these Specific Conditions, references to "Betfair", "we", "us" and/or "our" in these Specific Conditions and in the General Conditions are to Betfair Limited.
By entering into any betting transactions on the Exchange, you agree to be bound by these Specific Conditions as well as the General Conditions (together "the Agreement").
Specific Conditions relating to your use of the Exchange
-
Your Conduct
You will at all times act in good faith in relation to the counterparties to your bets struck through the Exchange and such counterparties will be able to enforce this duty directly against you. In particular you will not place bets on the Exchange in breach of any sporting rules, regulations or code of conduct which apply to you.
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Privacy
We may, at our sole and absolute discretion, provide you with details of any counterparty to your bets, only if we are satisfied that such counterparties have acted in breach of their duty of good faith. For this purpose, you explicitly consent to the release of your personal data in accordance with the Data Protection Act 1998 and any other applicable laws.
Specific Conditions relating to betting on the Exchange
-
Operation of the Exchange
We reserve the right to refuse to post your offer on our Exchange without giving prior notice.
We may restrict you from using programs designed to automatically place bets within certain parameters (e.g. to back or lay at a certain price) ("bots") either generally or in relation to any specific bot if we believe that you have used a bot:
- to the detriment of our business;
- to place bets on, or manipulate, any Market which has the purpose or effect of adversely affecting the integrity of the Exchange or any Market.
You may not nominate individuals to be counterparties to any of your offers for bets.
Notwithstanding any statement to the contrary in these Specific Conditions or in the General Conditions, we may elect, in certain very limited circumstances, to nominate one or more of our affiliate or joint venture companies to act as counterparty in respect of bets or offers for bets.
We do not guarantee that every offer displayed as outstanding on our site (or communicated by a Betfair Telephone Operator as being outstanding) will be available for your acceptance. All or part of the offer of a bet displayed on our site or communicated by a Betfair Telephone Operator as available on the Exchange at specific odds or price may be successfully cancelled by one or more counterparties before your acceptance is processed by the Exchange (this risk is particularly relevant where you are using the Telephone Betting Service because your instruction will have to be read back to you before being sent to the Exchange, inevitably causing a further slight delay). In this case, the offer for a bet will be withdrawn before your acceptance of that offer is acknowledged. Your failed attempt to accept the bet formerly on offer will however be posted as an offer to other customers.
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Our details
Betfair is a limited liability company registered in England and Wales under number 5140986. Our registered offices are at The Waterfront, Hammersmith Embankment, London, W6 9HP.
Betfair is licensed to operate the Exchange under English law. At any time the Exchange may be operated under a licence held by another company affiliated with Betfair and if so Betfair may assign this Agreement to such company.
Whilst it is intended that the Exchange will operate under Betfair's existing licence, we reserve the right to switch the operation of the Exchange to another jurisdiction at any time, including, without limitation, for disaster recovery purposes. In this case another company in an alternative jurisdiction will act as agent for, and provide services to Betfair, to ensure that the Exchange will be available to you, subject to these Specific Conditions and the General Conditions.
-
Governing Law and Jurisdiction
This Agreement is governed by the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales in relation to all disputes under this Agreement.
The Contracts (Rights of Third Parties) Act 1999 does not apply to this Agreement save in respect of the rights of counterparties to enforce your duty of good faith directly against you. This Agreement, may however be varied at any time without the consent of any counterparties to any bets struck through the Exchange.
These Specific Conditions have been prepared in various languages other than English for reference only. In the event of any differences between the English version of these Specific Conditions and any non-English versions, the English version shall prevail.
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SECTION 3: SPECIFIC CONDITIONS FOR NON UK REGISTERED CUSTOMERS BETTING WITH BETFAIR ON EVENTS OTHER THAN AUSTRALASIAN EVENTS
Betfair International ENC ("Betfair") provides a platform upon which our non UK registered customers can make us offers for bets which we may or may not accept. You may make offers for bets on the various markets available on betfair.com ("Markets").
Please read these Specific Conditions, and the General Conditions, carefully, before making any offers for bets on our site.
If you and your betting transaction is covered by these Specific Conditions, references to "Betfair", "we", "us" and/or "our" in these Specific Conditions and in the General Conditions are to Betfair International ENC.
By making any offers for bets on our site, you agree to be bound by these Specific Conditions as well as the General Conditions (together "the Agreement").
Specific Conditions relating to your use of our site
-
Your Conduct
You will at all times place your bets in good faith and in particular you will not place bets on the Exchange in breach of any sporting rules, regulations or code of conduct which apply to you.
-
Your Offers for Bets
An offer which you make for a bet is open for acceptance by Betfair as a principal counterparty in whole or in partin accordance with this Agreement.
We may elect, in certain very limited circumstances, to nominate one or more of our affiliate or joint venture companies to accept your offers for bets and act as a principal counterparty in whole or in part in accordance with this Agreement.
We reserve the right to refuse to post your offer on our site without giving prior notice.
-
Our details
Betfair is a partnership registered in Malta under number P1145. Our registered offices are at Triq il-Kappillan Mifsud, St Venera, Malta, SVR 1851
Betfair is licensed and regulated in Malta by the Malta Lotteries and Gaming Authority ('LGA'). The LGA is the regulator for all forms of gaming in Malta. For further information about the LGA please go to www.lga.org.mt.
Whilst it is intended that the services will operate under Betfair's existing licence, we reserve the right to switch the operation of the services to another jurisdiction at any time, including without limitation for disaster recovery purposes. In this case another company in an alternative jurisdiction will act as agent for, and provide services to Betfair, to ensure that the Services will be available to you, subject to these Conditions.
-
Governing Law and Jurisdiction
This Agreement is governed by the laws of Malta and the parties hereby submit to the non-exclusive jurisdiction of the courts in Malta in relation to all disputes under this Agreement.
-
English language version
This Agreement has been prepared in various languages other than English for reference only. In the event of any differences between the English version of this Agreement and any non-English versions, the English version shall prevail.
SPECIAL INFORMATION FOR GERMAN CUSTOMERS
You are given access to the betting facility by TSE Global Limited, Waterfront, Hammersmith Embankment, Winslow Road, London W6 9HP ("TSE Global"). TSE Global acts as intermediary between you and Betfair in respect of transmitting data. Under this Agreement you have a contractual relationship with Betfair only. Any Fees paid by you under this Agreement are paid to Betfair and no separate payment is made by you to TSE Global for the provision of services provided by TSE Global.
V 02/10 30/07/10
SECTION 4: SPECIFIC CONDITIONS FOR CUSTOMERS PLACING BETS ON AUSTRALASIAN EVENTS
Betfair Pty Limited provides an exchange upon which our customers can make us offers for bets and accept offers for bets posted by us ("the Exchange").
Please read these Specific Conditions, and the Betting - General Conditions carefully, before betting on the Exchange.
If you and your betting transaction is covered by these Specific Conditions, references to "Betfair", "we", "us" and/or "our" in these Specific Conditions and in the General Conditions are to Betfair Pty Limited.
By entering into any betting transactions on the Exchange, you agree to be bound by these Specific Conditions as well as the General Conditions (together "the Agreement").
SPECIFIC CONDITIONS RELATING TO YOUR USE OF THE EXCHANGE
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Your Conduct
Tasmanian legislation prohibits interested persons (such as owners and trainers of horses and greyhounds and participants in sporting events and their associates) from placing certain types of bets on certain animals and sporting events. This includes both direct and indirect participants in the event. This prohibition is set out in section 76ZDM of the Gaming Control Act 1993 (Tas). If you do so you may face fines and/or imprisonment and your account may be closed.
SPECIFIC CONDITIONS RELATING TO BETTING ON THE EXCHANGE
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Operation of the Exchange
The Exchange carries offers by us for bets that remain available for acceptance by you at any time.
To place a bet on an Australian Market you must transfer funds (which you have already contributed into the Trust as described in Paragraph 2 of the Account Terms and Conditions of Use section) from your main wallet to your Australian wallet. Each customer can at all times only operate a single Australian wallet.
An offer which you make for a bet is open for acceptance by us as a principal counterparty in whole or in part in accordance with these Terms and Conditions. We will only accept your offer for a bet to the extent that it can exactly match the risk to us of accepting your offer through one or more other customers who use our service contemporaneously accepting an offer by us in the same terms.
You bet with us, not with other customers who use our service. We do not permit customers to bet with each other under any circumstances. We will post the details of your offer to us on our Exchange. An offer so posted on our Exchange also constitutes an offer by us to each of our other customers which may be accepted by them in accordance with the Terms and Conditions applicable to that customer. You offer to bet at the Odds or Price you select or at better Odds or a better Price, which may be higher or lower, depending on whether you are Backing, Laying, Selling or Buying an outcome, without increasing your exposure, if that is to your advantage.
An offer for a bet that you make on the Exchange remains open for acceptance by us unless properly cancelled by you in accordance with Paragraph 8 of the Betting - General Conditions section.
Your offer to us for a bet may be posted on Betfair Australia in isolation or in combination with other offers for bets on the same Market. We will not identify you to our other customers as the originator of the offer to us unless required to do so by law or otherwise in accordance with the provisions of our Privacy Policy.
Your offer to us will only be valid and open for acceptance if it is made in accordance with our terms. We reserve the right to refuse to post your offer on our Exchange without giving prior notice.
We will only allow you to place an offer on Betfair Australia if you are in compliance with these Terms and Conditions. If we allow you to make an offer for a bet and subsequently suspect that you are or were, at the time of making the offer, in breach of this Agreement, we may, at our absolute discretion, withdraw your offer from our Exchange, void any bets outstanding to your account and terminate your account.
We reserve the right to refuse to post your offer on our Exchange without giving prior notice.
We may restrict you from using programs designed to automatically place bets within certain parameters (e.g. to back or lay at a certain price) ("bots") either generally or in relation to any specific bot if we believe that you have used a bot:
- to the detriment of our business;
- to place bets on, or manipulate, any Market which has the purpose or effect of adversely affecting the integrity of the Exchange or any Market.
Notwithstanding any statement to the contrary in these Specific Conditions or in the General Conditions, we may elect, in certain very limited circumstances, to nominate one or more of our affiliate or joint venture companies to act as counterparty in respect of bets or offers for bets.
We do not guarantee that every offer displayed as outstanding on our site (or communicated by a Betfair Telephone Operator as being outstanding) will be available for your acceptance. All or part of the offer of a bet displayed on our site or communicated by a Betfair Telephone Operator as available on the Exchange at specific odds or price may be successfully cancelled by one or more counterparties before your acceptance is processed by the Exchange (this risk is particularly relevant where you are using the Telephone Betting Service because your instruction will have to be read back to you before being sent to the Exchange, inevitably causing a further slight delay). In this case, the offer for a bet will be withdrawn before your acceptance of that offer is acknowledged. Your failed attempt to accept the bet formerly on offer will however be posted as an offer to other customers.
-
Your Offers for Bets
An offer which you make for a bet is open for acceptance by Betfair as a principal counterparty in whole or in part in accordance with this Agreement.
We may elect, in certain very limited circumstances, to nominate one or more of our affiliate or joint venture companies to accept your offers for bets and act as a principal counterparty in whole or in part in accordance with this Agreement.
We reserve the right to refuse to post your offer on our site without giving prior notice.
-
Our details
Betfair Pty Limited (“Betfair Australia”) is a limited liability company registered in Victoria with registered offices at Level 13, South Tower, 459 Collins Street, VIC, 3000 (ACN 110 084 985). The Company is licensed in Tasmania, Australia.
Betfair is licensed to operate the Exchange under Australian law. At any time the Exchange may be operated under a licence held by another company affiliated with Betfair and if so Betfair may assign this Agreement to such company.
Whilst it is intended that the Exchange will operate under Betfair's existing licence, we reserve the right to switch the operation of the Exchange to another jurisdiction at any time, including, without limitation, for disaster recovery purposes. In this case another company in an alternative jurisdiction will act as agent for, and provide services to Betfair, to ensure that the Exchange will be available to you, subject to these Specific Conditions and the General Conditions.
SPECIFIC CONDITIONS RELATING TO THE USE OF THE AUSTRALIAN TOTE BETTING PLATFORM
When you make a bet on the Australian Tote via the Tote Betting Platform you are betting with Tote Tasmania through Betfair Australia which is acting as agent for Tote Tasmania on the basis of price data and related content owned, controlled and transmitted directly by Tote Tasmania to the Tote Betting Platform which shall be final. When you make a bet on the Australian Tote you accept the terms and conditions of Tote Tasmania which are available at www.thetote.com.au.
An offer which you make for a bet is open for acceptance by Betfair Australia as an agent for Tote Tasmania in whole or in part in accordance with these Terms and Conditions.
You are entirely responsible for the information that you provide us concerning the offer that you wish to place. We will not enquire into the reasonableness of any offer that you may make. We will not be liable for incorrect entries made by you on the Tote Betting Platform, including data input errors with respect to odds, prices or stake on offer.
Once your offer to bet has been accepted by Tote Tasmania (through Betfair Australia acting as its agent), you will not be allowed to change the terms of that bet or cancel or withdraw from that bet. Acceptance of an offer by Tote Tasmania, which will be communicated by Betfair Australia as its agent, finalises the bet.
You may only make offers to bet on the Australian Tote markets in accordance with Tote Tasmania's rules and regulations that apply to each product and are available at: http://www.thetote.com.au/betfair/Help.aspx
You consent to allow us to remove funds from your Australian wallet, on behalf of Tote Tasmania, and transmit such funds to Tote Tasmania to allow your bets on Australian Tote markets to be accepted by Tote Tasmania. A deduction from stakes applies to bets placed on Australian Tote markets, as set out in Tote Tasmania's rules and regulations which apply to that product.
We may determine, at our own discretion, when the Tote Betting Platform is open for the placing of bets and though we will at times use reasonable endeavours to settle bets as quickly as possible, we give no assurances as to the timeframe in which markets will be settled. Tote Tasmania will settle the Australian Tote markets in accordance with their rules and regulations and we, acting as agents of Tote Tasmania, will transmit any winnings back to your Australian wallet. We reserve the right to reverse settlement, acting as agents for Tote Tasmania, in the event of an Australian Tote market being settled incorrectly. This may lead to amendments being made to your balance to reflect changes in market settlement and if there are insufficient funds in your account we may demand that you put funds into your account to address the outstanding balance
Your bet on an Australian Tote market will not be considered "on" until you have received confirmation from Betfair Australia that the bet has been accepted by Tote Tasmania.
If there is communication or computer failure with the Tote Betting Platform or Tote Tasmania's computer system ("Material Computer Failure") after bets on the Australian Tote have been accepted by Betfair Australia acting as agent of Tote Tasmania, resulting in the non-transmission of the bets to the Australian tote pools prior to the off of the relevant race or the closure of the relevant tote pool, whichever comes earlier, the bets on the Australian Tote markets will be void and the stake returned to you. Betfair Australia or Tote Tasmania will not be liable for any loss suffered due to bets being made void due to a Material Computer Failure.
http://thetote.betfair.com is the URL for the Tote Betting Platform and no unauthorised use may be made of this URL or any other URL owned by Tote Tasmania on another website or digital platform without Tote Tasmania's written consent. The Tote and Triwin are registered trademarks of Tote Tasmania and Tote Tasmania is the sole owner of the same. Any use of Tote Tasmania trademarks by Betfair are under licence from Tote Tasmania for the purposes of permitting Betfair to advertise and accept bets as Tote Tasmania's agent. Any unauthorised use of Tote Tasmania's trademarks may result in prosecution.
Tote Tasmania owns all rights in any price data and related content on the Tote Betting Platform. Your use of the Tote Betting Platform confers no rights whatsoever to the content and related intellectual property rights contained in the Tote Betting Platform. You agree not to monitor, use or copy any content on the Tote Betting Platform, including without limitation any price data. Any unauthorised use or reproduction may be prosecuted. Data provided for use on the Tote Betting Platform may not be used for any commercial purposes.
SPECIFIC CONDITIONS RELATING TO THE USE OF THE AUSTRALIAN MULTIPLES PLATFORM AND THE AUSTRALIAN FAIR PRICE PLATFORM
When you make a bet on Australian Multiples markets via the Australian Multiples Betting Platform or Fair Price via the Fair Price Betting Platform you are betting with Sports Alive through Betfair Australia which is acting as agent for Sports Alive on the basis of price data and related content owned, controlled and transmitted directly by Sports Alive to the Australian Multiples Betting Platform or the Fair Price Platform which shall be final. When you make a bet on Australian Multiples or Fair Price markets you accept the terms and conditions of Sports Alive which are available at: https://www.sportsalive.com/index.php?categoryid=5&p1809_sectionid=3 and the privacy policy of Sports Alive which is available at https://www.sportsalive.com/index.php?categoryid=7&p1809_sectionid=10.
An offer which you make for a bet is open for acceptance by Betfair Australia as an agent for Sports Alive in whole or in part in accordance with these Terms and Conditions.
You are entirely responsible for the information that you provide us concerning the offer that you wish to place. We will not enquire into the reasonableness of any offer that you may make. We will not be liable for incorrect entries made by you on the Australian Multiples Betting Platform or the Fair Price Betting Platform, including data input errors with respect to odds, prices or stake on offer.
Once your offer to bet has been accepted by Sports Alive (through Betfair Australia acting as its agent), you will not be allowed to change the terms of that bet or cancel or withdraw from that bet. Acceptance of an offer by Sports Alive, which will be communicated by Betfair Australia as its agent, concludes the bet.
You may only make offers to bet on the Australian Multiples markets in accordance with Sports Alive's Rules that apply to each product and are available at: https://www.sportsalive.com/index.php?categoryid=5&p1809_parentid=3&p1809_sectionid=3&p1809_pageid=51.
You may only make offers to bet on Fair Price markets in accordance with Sports Alive’s Rules that apply to each product and are available at https://www.sportsalive.com/index.php?categoryid=5&p1809_parentid=3&p1809_sectionid=3&p1809_pageid=51.
You consent to allow us to remove funds from your Australian wallet, on behalf of Sports Alive, and transmit such funds to Sports Alive to allow your bets on Australian Multiples and Fair Price markets to be accepted by Sports Alive.
We may determine, at our own discretion, when the Australian Multiples Betting Platform or the Fair Price Betting Platform is open for the placing of bets and though we will at times use reasonable endeavours to settle bets as quickly as possible, we give no assurances as to the timeframe in which markets will be settled. Sports Alive will settle the Australian Multiples and the Fair Price markets in accordance with their rules and regulations and we, acting as agents of Sports Alive, will transmit any winnings back to your Australian wallet. We reserve the right to reverse settlement, acting as agents for Sports Alive, in the event of an Australian Multiples or Fair Price market being settled incorrectly. This may lead to amendments being made to your balance to reflect changes in market settlement and if there are insufficient funds in your account we may demand that you put funds into your account to address the outstanding balance.
Your bet on an Australian Multiples or Fair Price market will not be considered "on" until you have received confirmation from Betfair Australia that the bet has been accepted by Sports Alive.
If there is communication or computer failure with the Australian Multiples Betting Platform, the Fair Price Betting Platform or Sports Alive's computer system ("Material Computer Failure") after bets on Australian Multiples or Fair Price markets have been accepted by Betfair Australia acting as agent of Sports Alive, resulting in the non-transmission of the bets to Sports Alive prior to the closure of the relevant market, the bets on the Australian Multiples or Fair Price markets will be void and the stake returned to you. Betfair Australia or Sports Alive will not be liable for any loss suffered due to bets being made void due to a Material Computer Failure.
http://multiples.au.betfair.com is the URL for Betfair's Australian Multiples Betting Platform and http://fairprice.betfair.com is the URL for Betfair’s Fair Price Betting Platform and no unauthorised use may be made of these URLs or any URL owned by Sports Alive on another website or digital platform without Sports Alive's written consent. Sports Alive are registered trademarks of Sports Alive and Sports Alive is the sole owner of the same. Any use of Sports Alive's trademarks by Betfair is under licence from Sports Alive for the purposes of permitting Betfair to advertise and accept bets as Sports Alive's agent. Any unauthorised use of Sports Alive's trademarks may result in prosecution.
Sports Alive owns all rights in any price data and related content on the Australian Multiples Betting Platform and the Fair Price Betting Platform. Your use of the Australian Multiples Betting Platform and the Fair Price Betting Platform confers no rights whatsoever to the content and related intellectual property rights contained on the Australian Multiples Betting Platform and the Fair Price Betting Platform. You agree not to monitor, use or copy any content on the Australian Multiples Betting Platform or the Fair Price Betting Platform, including without limitation any price data. Any unauthorised use or reproduction may be prosecuted. Data provided for use on the Australian Multiples Betting Platform and the Fair Price Betting Platform may not be used for any commercial purposes.
GOVERNING LAW AND JURISDICTION
This Agreement is governed by the laws of the State of Tasmania, Australia and the parties hereby submit to the exclusive jurisdiction of the courts of Australia.
These Specific Conditions have been prepared in various languages other than English for reference only. In the event of any differences between the English version of these Specific Conditions and any non-English versions, the English version shall prevail.
SPECIAL GUIDELINES FOR GERMAN CUSTOMERS
You are given access to the betting facility by TSE Global Limited, Waterfront, Hammersmith Embankment, Winslow Road, London W6 9HP ("TSE Global"). TSE Global acts as intermediary between you and Betfair in respect of transmitting data. Under this Agreement you have a contractual relationship with Betfair only. Any Fees paid by you under this Agreement are paid to Betfair and no separate payment is made by you to TSE Global for the provision of services provided by TSE Global.
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SECTION 5: SPECIFIC CONDITIONS FOR CUSTOMERS PLACING MULTIPLES BETS
Betfair Counterparty Services Limited enables you to make us offers for multiple bets, which we may or may not accept, on our site ("the Website Service").
Please read these Specific Conditions, and the General Conditions, carefully, before making any offers for multiple bets on our site.
If you and your betting transaction is covered by these Specific Conditions, references to "Betfair", "we", "us" and/or "our" in these Specific Conditions and in the General Conditions are to Betfair Counterparty Services Limited.
By entering into any betting transactions on our site, you agree to be bound by these Specific Conditions as well as the General Conditions (together "the Agreement").
Specific Conditions relating to Multiples Betting
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Making Of Bets
When you make a bet, you are betting with Betfair and not with other customers who use our site.
An offer which you make for a bet is open for acceptance by Betfair as a principal counterparty in whole or in part in accordance with these terms and conditions.
Once Betfair has accepted your offer, you will not be allowed to change the terms of that bet or cancel or withdraw from that bet. Acceptance of an offer by Betfair concludes the bet.
Notwithstanding any statement to the contrary in this Agreement, we may elect, in certain very limited circumstance, to nominate one or more of our affiliate or joint venture companies to accept your offers for bets.
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Bet Settlement
We are not liable for the settlement of any offers for bets if for any reason, we fail to process any instruction in good time.
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Our details
Betfair Counterparty Services Limited ('BCSL') is a limited liability company registered in Malta under number C 40083. Our registered offices are at Triq il-Kappillan Mifsud, St Venera, Malta, SVR 1851.
BCSL is licensed and regulated in Malta by the Malta Lotteries and Gaming Authority ('LGA'). The LGA is the regulator for all forms of gaming in Malta. For further information about the LGA please go to www.lga.org.mt.
Whilst it is intended that the Website Service will operate under BCSL's existing licence, we reserve the right to switch the operation of the Website Service to another jurisdiction at any time, including without limitation for disaster recovery purposes. In this case another company in an alternative jurisdiction will act as agent for, and provide services to BCSL, to ensure that the Website Service will be available to you, subject to these Specific Conditions and the General Conditions.
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Governing Law and Jurisdiction
This Agreement is governed by the laws of Malta and the parties hereby submit to the non-exclusive jurisdiction of the courts of Malta in relation to all disputes under this Agreement.
-
English language version
This Agreement has been prepared in various languages other than English for reference only. In the event of any differences between the English version of this Agreement and any non-English versions, the English version shall prevail.
SPECIAL INFORMATION FOR GERMAN CUSTOMERS
You are given access to the betting facility by TSE Global Limited, Waterfront, Hammersmith Embankment, Winslow Road, London W6 9HP ("TSE Global"). TSE Global acts as intermediary between you and Betfair in respect of transmitting data. Under this Agreement you have a contractual relationship with Betfair only. Any Fees paid by you under this Agreement are paid to Betfair and no separate payment is made by you to TSE Global for the provision of services provided by TSE Global.
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SECTION 6: SPECIFIC CONDITIONS FOR CUSTOMERS PLACING TOTE BETS (OTHER THAN AUSTRALIAN TOTE BETS)
Betfair Games Limited enables you to place Tote bets on our site ("the Website Service").
Please read these Specific Conditions, and the General Conditions, carefully, before making any Tote bets on our site.
If you and your betting transaction is covered by these Specific Conditions, references to "Betfair", "we", "us" and/or "our" in these Specific Conditions and in the General Conditions are to Betfair Games Limited.
By entering into any betting transactions on our site, you agree to be bound by these Specific Conditions as well as the General Conditions (together "the Agreement").
Specific Conditions relating to Tote Betting
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Making Of Bets
When you make a Tote bet, you are betting with Betfair as counterparty to your bet. Betfair will then strike a corresponding bet into the relevant Tote pool as applicable
An offer which you make for a bet is open for acceptance by Betfair as a principal counterparty in whole or in part in accordance with this Agreement.
Once Betfair has accepted your offer to bet, you will not be allowed to change the terms of that bet or cancel or withdraw from that bet. Acceptance of an offer by Betfair concludes the bet.
Notwithstanding any statement to the contrary in this Agreement, we may elect, in certain very limited circumstances, to nominate one or more of our affiliate or joint venture companies to accept your offers for bets.
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Bet Settlement
We are not liable for the settlement of any offers for bets if for any reason, we fail to process any instruction in good time.
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Our details
Betfair Games Limited ('BGL') is a limited liability company registered in Malta under number C 36293 ('BGL'). Our registered offices are at Triq il-Kappillan Mifsud, St Venera, Malta, SVR 1851.
BGL is licensed and regulated in Malta by the Malta Lotteries and Gaming Authority ('LGA'). The LGA is the regulator for all forms of gaming in Malta. For further information about the LGA please go to www.lga.org.mt.
Whilst it is intended that the Website Service will operate under BGL's existing licence, we reserve the right to switch the operation of the Website Service to another jurisdiction at any time, including without limitation for disaster recovery purposes. In this case another company in an alternative jurisdiction will act as agent for, and provide services to BGL, to ensure that the Website Service will be available to you, subject to these Specific Conditions and the General Conditions.
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Governing Law and Jurisdiction
This Agreement is governed by the laws of Malta and the parties hereby submit to the non-exclusive jurisdiction of the courts of Malta in relation to all disputes under this Agreement.
-
English language version
This Agreement has been prepared in various languages other than English for reference only. In the event of any differences between the English version of this Agreement and any non-English versions, the English version shall prevail.
SPECIAL INFORMATION FOR GERMAN CUSTOMERS
You are given access to the betting facility by TSE Global Limited, Waterfront, Hammersmith Embankment, Winslow Road, London W6 9HP ("TSE Global"). TSE Global acts as intermediary between you and Betfair in respect of transmitting data. Under this Agreement you have a contractual relationship with Betfair only. Any Fees paid by you under this Agreement are paid to Betfair and no separate payment is made by you to TSE Global for the provision of services provided by TSE Global.
V 02/10 30/07/10
BETFAIR GAMING - CONDITIONS OF USE
The Betfair group of companies holds several gambling licences which enables us to offer a wide range of gambling products and services to customers globally in a fair and regulated manner.
The type of game you wish to play will determine which Betfair group company will provide you with the platform and, where appropriate, software to play the game.
Please read these conditions of use ("Conditions") carefully before playing any games on betfair.com ("the Games").
If you wish to play the Games for real money, you will need to open an account.
Please also read our Privacy Policy, Dispute Resolution Policy and Trust Deed which are incorporated by reference into these Conditions. If there is any inconsistency between these Conditions and any of the documents listed above, these Conditions will prevail.
BY PLAYING ANY OF THE GAMES, YOU AGREE TO BE BOUND BY THESE CONDITIONS.
References in these Conditions to "we", "us" or "Betfair" means whichever Betfair group company is providing you with the platform to play the relevant game as set out in the specific conditions at the end of these Conditions.
CONDITIONS RELATING TO YOUR PLAYING GAMES ON OUR SITE
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Licence to use our site
Betfair grants you a limited licence to access our site provided that you comply with these Conditions.
The availability of the Games on our site does not constitute an offer or invitation by Betfair to use the site in any jurisdiction in which such use is illegal. We reserve the right to attempt to block you from playing the Games if you are located in a jurisdiction where the playing of Games is illegal for example, the United States of America.
Your use of our site confers no rights whatsoever to the content and related intellectual property rights contained on our site. You agree not to monitor, use or copy our web pages or any of our web content. You will not attempt to hack, make unauthorised alterations or introduce any kind of malicious code to the site by any means.
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Licence to use the Software
Betfair grants you a limited licence to download (if necessary) and to use the software for the game you wish to play ("the Software") provided that you comply with these Conditions.
You will only use the Software to play the Games in accordance with these Conditions. If you become aware that the Software is being used in any manner not authorised by these Conditions, you will immediately notify Betfair.
You will not (a) reverse engineer or decompile (whether in whole or in part) the Software; or (b) make copies, modify, reproduce, transmit, alter or distribute the Software or all or any part of the site or any material or information contained on it. Any unauthorised use or reproduction may be prosecuted.
You agree that you will not use the Software for any unlawful purposes or for the purposes of sending or transmitting any data or other material:
- in a manner that constitutes a violation or infringement of the rights of any third party (including but not limited to intellectual property rights);
- that has harmful or destructive or damaging properties;
- that may constitute any form of collusion; or
- which is likely to cause harm or damage to the computer systems, network or equipment of any third party.
Betfair issue upgraded versions of the Software from time to time and will make such upgraded versions available to you. All such upgrades shall be deemed to be Software for the purposes of these Conditions.
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Use of our site
You can only play the Games for money if you are:
- 18 years of age or over; and
- Have reached the age at which you are legally entitled to play the Games in whichever country you access our site.
It is your responsibility to verify that you are able to play the Games for money in the country in which you are accessing our site. If you are not so entitled, Betfair reserves the right to:
- immediately prevent your participation in Games and/or notify the Trustee to prevent your making any withdrawals from or use of your account under the terms of the Trust Deed;
- notify the Trustee that all winnings which have accrued and remain in your account or which are otherwise due to be credited to your account be released to us in accordance with the terms of the Trust Deed and to deal with them as directed by the relevant authorities;
- require you to pay to Betfair, or as Betfair so directs, any winnings already received by you and/or by anyone acting on your behalf; and
- report you to the relevant authorities.
You understand that you may lose money when playing the Games and accept that you are fully responsible for any such loss. You accept that under no circumstances will any amounts lost by you be recoverable from us.
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Your Representations
In consideration for us allowing you to play the Games, you represent to us (and acknowledge that we rely on these representations) as follows:
- Your participation in the Games is personal and not professional;
- You are solely responsible for recording, reporting, paying and accounting to any relevant governmental or taxation authority for any tax or other levy that may be payable on any winnings;
- You are solely responsible for the acquisition, supply and maintenance of all of the computer equipment and telecommunications networks and Internet access services and all other consents and permissions that you need to use in order to access our site;
- You fully understand the methods, rules, and procedures of the Games and, where and when appropriate, will seek advice or help when using our site;
- By accepting any winnings, you consent to Betfair's use of your name for advertising and promotional purposes without additional compensation being paid to you except where prohibited by law;
- You will place all wagers on Games through the various user interfaces provided on our site and you will not wager through other means, including the use of a "robot" player;
- You will not choose a Games nickname and/or alias that is defamatory, offensive, pornographic or in any way intended to impersonate a real person or brand. Betfair reserves the right to amend your nickname and/or alias in its absolute discretion if it believes you have breached this representation;
- You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in relation to any 'chat' or 'forum' facilities we provide and you accept that any postings made by you can be passed on to the relevant authorities should we deem this appropriate;
- You will not disguise or interfere in any way with the IP address of the computer you are using to access the site or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing our site; and
- You accept and agree to abide by the rules of the Games - as set out on our site - and any rules and terms for any promotions or loyalty schemes in which you participate, each as set out on our site from time to time.
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Privacy
Any information you send us will be processed in accordance with our Privacy Policy
You authorise us, at any time, to use any means that we consider necessary to verify your identity and creditworthiness with any third party providers of information.
You agree to indemnify us and hold us harmless in respect of the release of any personal (or other) data pursuant to our Privacy Policy and/or these Conditions.
CONDITIONS RELATING TO YOUR USE OF OUR SITE
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Cancellation, Termination, Suspension and Breach
We may restrict your access to our site, prohibit you from participating in any and/or all Games, freeze your chips, restrict seating and/or prohibit players from playing in a particular Game (including restricting two or more players from playing together at the same game), refuse or limit any wager you make, notify the Trustee to withhold payment of your winnings in accordance with the terms of the Trust Deed, suspend or terminate your account in our absolute discretion without cause at any time including, without limitation, if:
- there is a technological failure;
- we believe that you have breached any of these Conditions;
- you attempt to manipulate or ascertain information concerning the Software code or are involved in collusion;
- you tamper or attempt to tamper with the Software in any way;
- you are committing any offence eg by attempting to access the Games from a jurisdiction where playing the Games is illegal;
- you publish any actual or potentially defamatory, offensive, racist, harmful or obscene language or material; or
- we suspect that you may be having difficulties obtaining credit.
CONDITIONS RELATING TO US
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Changes to the Games
Betfair may, in its absolute discretion, alter or amend or withdraw any particular Game or any part thereof, and may add other Games at any time, and may alter prices, features, specifications, capabilities, functions and/or other characteristics of the Games at any time.
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Matters beyond our reasonable control
We are not liable for any loss or damage that you may suffer in respect of an event of Force Majeure. For the purposes of these Conditions, "Force Majeure" means any event outside our reasonable control affecting our ability to perform any of our obligations under these Conditions.
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Errors and Omissions
If there is any discrepancy between the gaming results on your computer and the results on our server, the results on our server shall be final and binding.
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Indemnity
You agree to indemnify and hold us and our associated companies, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of your breach of these Conditions or any of them (including documents incorporated by reference) or out of your violation of any law or the rights of any third party.
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Limitation of liability
The Software is provided to you "as is", without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement of third party rights. Betfair does not warrant that the operation of the Games or the Software will meet your requirements or be uninterrupted or error free or secure or that any defects are correctable or will be corrected. The entire risk as to the use, quality and performance of the Games and the Software lies with you. In addition, any security mechanisms included on our site or in the Software have inherent limitations, and you must determine that they meet your requirements.
Betfair's maximum liability to you or any third party arising out of these Conditions or your use of our site or the Software, whether for breach of contract, equitable duty or in tort or otherwise, will be limited to whatever amount you paid to us whilst playing the Games. Nothing in these Conditions shall limit Betfair's liability for death or personal injury caused by our negligence.
In no event will Betfair, its licensees, distributors, parents, subsidiaries, affiliates and all of its officers, directors and employees, nor anyone else involved in creating, producing or delivering the Games or the Software, be liable for any damages or losses whatsoever, including, without limitation, special, indirect, consequential, incidental or punitive damages, arising out of or in connection with these Conditions or the use or performance of the Games or the Software. this disclaimer and limitation applies regardless of the cause or nature of the losses or damages including, without limitation, lost revenue or profits (whether direct or indirect), interruptions, loss of data, inaccurate results, or delays, however arising and regardless of the theory of liability, even if Betfair received prior notice of the possibility of such damages.
Any allowable claim, if any, which you may bring against Betfair must be brought no later than sixty days after the date of the event giving rise to the claim, and you hereby waive any right to bring any claim not brought within such period.
If you are using any third party equipment, software or services (collectively, the "third party goods/services") in connection with your use of our site or the Software, the entire risk as to the quality and performance of such third party goods/services rests with you. Should such third party goods/services prove defective, you assume the entire cost of all necessary repairs or corrections.
In no event will Betfair, its licensees, distributors, parents, subsidiaries, affiliates and all of its officers, directors and employees, nor anyone else involved in creating, producing or delivering the Games or the Software, be liable for any damages which may be caused by the interception or misuse of any information transmitted over the Internet
Nothing in these Conditions shall limit or exclude liability for personal injury or death nor for representations made fraudulently.
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Right of set off
We may at any time, without notice to you, notify the Trustee to set off any liability owed to us or to our customers by you, including (without limitation) in relation to any Betfair account in your name or which we believe to be under your control, against any funds held in another Betfair account in your name or which we believe to be under your control in accordance with the terms of the Trust Deed.
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Intellectual property
The Sporting Exchange Limited ("TSEL"), part of the Betfair group of companies, is the owner of:
- all copyright and related rights in and to our site, including, without limitation, rights in databases;
- all trade mark rights, whether registered or unregistered, in and to BETFAIR and the BETFAIR logo;
- the domain name www.betfair.com which is our uniform resource locator ("URL"); and
- patents owned by the Betfair group of companies.
Any unauthorised use of any of these rights may result in prosecution or other action being taken against you.
You hereby assign to TSEL absolutely, any and all copyright and other intellectual property rights throughout the world in all media whether now known or hereafter developed, for the full period of copyright, including by way of present assignment of future copyright and all other rights whatsoever, in any bets, chat postings, game play or any other interaction made by you whilst playing the Games.
CONDITIONS RELATING TO OTHER SERVICES
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Information Services
From time to time Betfair may provide you with access to various information and content via our site (including micro-sites and video content), emails or any other means of communication. Further Betfair may provide you with links to third party websites which may include information.
This information is supplied "as is" and for guidance only. Use of such information is entirely at your own risk. To the fullest extent permitted by law, Betfair makes no representations or warranties of any kind, including but not limited to, the accuracy, quality or completeness of the information.
Betfair shall not be liable for any action taken by you as a result of your relying on any of this information or for any loss or damage suffered by you as a result of you using such information or any third party website linked to Betfair.
Any links to third party websites do not constitute an endorsement by Betfair of any products or services available on such websites. You use such websites at your own risk and Betfair takes no responsibility for the content on, or use of, such websites.
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Betfair Forum
From time to time Betfair may provide you with access to an online chat forum (the "Betfair Forum"). If you use the Betfair Forum you agree to be bound by the Betfair Forum Terms and Conditions. The Betfair Forum Terms and Conditions are incorporated into these Conditions by reference.
We shall not be liable to you for any defamatory postings made by you or in relation to you. You agree to indemnify Betfair against any and all loss suffered by Betfair or any of its affiliated companies as a result of any Betfair Forum posting made by you.
GENERAL CONDITIONS
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Assignment
You may not assign these Conditions or any of them to any third party without Betfair's prior written consent. Betfair may assign, transfer or novate any or all of its rights and obligations under these Conditions to any third party at any time without notice to you.
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Severability
In the event that any provision of these Conditions is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these Conditions shall not be affected.
Any provision of this Agreement that is invalid, illegal or unenforceable in any jurisdiction will be ineffective in that particular jurisdiction, without affecting the validity, legality or enforceability of that provision in other jurisdictions, or invalidating the remaining provisions of these Conditions.
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Dispute resolution
In the event of a dispute arising between us and you, we each agree to follow the procedure set out in our Dispute Resolution policy from time to time.
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Amendments
We reserve the right to make changes to our site and all guides and policies included on our site, including these Conditions at any time. You will be subject to the guides, policies and Conditions in force at the time that you play the Games. It is therefore your responsibility to check the guides, policies and these Conditions from time to time to ensure that you agree with them, and your continued use of the site will be deemed to be your acceptance of any changes we may make.
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Communications and notices
Communications and notices to be given by you to us under these Conditions (other than those exchanges of information occurring in the normal operation of the site) should be provided to us as set out in Contact us.
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Entire Agreement
These Conditions and the terms expressly incorporated into them constitute the entire and only agreement between the parties with regards to its subject matter and each party confirms that it has not been induced to accept these Conditions in reliance upon, nor has it been given, any warranty (including in particular any warranty as to merchantability, fitness for purpose or uninterrupted functionality), representation, statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature whatsoever other than as are expressly set out in these Conditions and, to the extent that it has been, it unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have had in relation thereto.
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No waiver
No failure or delay by a party to exercise any of its rights under these Conditions shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right.
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Governing Law and Jurisdiction
These Conditions shall be governed by the laws of Malta as are in force from time to time. By accepting these Conditions, you agree to submit to the exclusive jurisdiction of the location that Betfair determines in its sole discretion in respect of any disputes arising out of, or connected with, these Conditions. Nothing in this paragraph shall prevent Betfair from applying to the courts of any jurisdiction for such provisional or protective measures as are available under the laws of that jurisdiction.
These Conditions have been prepared in various languages other than English for reference only. In the event of any differences between the English version of these Conditions and any non-English versions, the English version shall prevail.
The rights and obligations under these Conditions shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods and/or any local implementing legislation, the application of which is expressly excluded.
CONDITIONS SPECIFIC TO CUSTOMERS WISHING TO PLAY POKER OR BLACKJACK POKER
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Company and licensing details
Betfair Entertainment Limited provides the platform on our site on which you can play either poker or blackjack or any other games that we may provide from time to time.
Betfair Entertainment Limited is a company registered in Malta and located at Triq il-Kappillan Mifsud, St Venera, Malta, SVR 1851 and, if you play the Games on http://poker.betfair.com, references to "Betfair", "we", "us" and/or "our" in these Conditions are to Betfair Entertainment Limited.
Betfair is licensed to provide poker through http://poker.betfair.com pursuant to a head licence granted to the Ongame Network Limited by the Gibraltar Licensing Authority. For further information, please go to http://www.gibraltar.gov.gi/internet-gaming.
Whilst it is intended that Betfair will provide the Games pursuant to this licence, Betfair reserves the right to switch to other jurisdictions at any time.
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Location
All poker game on http://poker.betfair.com takes place in the territory of Malta. When you leave http://poker.betfair.com, your account is adjusted to reflect your wins or losses from your session.
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The Software
Ongame Network Limited owns and operates the Software and licenses it to Betfair enabling you to play poker on http://poker.betfair.com.
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Rake
We charge a fee on both real money cash tables and real money tournament registrations ("the Rake"). The Rake is deducted from every cash game pot at a rate of 5%, up to a predetermined maximum amount which varies according to how many players are in the hand. Please go to http://betfair-en.custhelp.com/app/answers/detail/a_id/55/p/97/ for full details as to how the Rake is calculated. We reserve the right to amend how and when the Rake is calculated.
CONDITIONS SPECIFIC TO CUSTOMERS WISHING TO PLAY GAMES IN THE CASINO
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Company and licensing details
Betfair Casino Limited provides the platform on our site on which you can play the Games that we may provide from time to time in the Betfair Casino.
Betfair Casino Limited is a company registered in Malta and located at Triq il-Kappillan Mifsud, St Venera, Malta, SVR 1851 and, if you play the Games on http://casino.betfair.com, references to "Betfair", "we", "us" and/or "our" in these Conditions are to Betfair Casino Limited.
Betfair is licensed to provide the Games in the Casino pursuant to a licence granted to it by the Lotteries and Gaming Authority in Malta which is the regulator for all forms of gaming in Malta. For further information please go to www.lga.org.mt.
Whilst it is intended that Betfair will provide the Games in the Casino pursuant to this licence, Betfair reserves the right to switch to other jurisdictions at any time.
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Location
All Games on http://casino.betfair.com take place in the territory of Malta. When you leave http://casino.betfair.com, your account is adjusted to reflect your wins or losses from your session.
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The Software
Various companies own and operate the Software and license it to Betfair enabling you to play the Games on http://casino.betfair.com.
CONDITIONS SPECIFIC TO CUSTOMERS WISHING TO PLAY ARCADE GAMES
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Company and licensing details
Betfair Entertainment Limited provides the platform on our site on which you can play the Games that we may provide from time to time in Betfair Arcade.
Betfair Entertainment Limited is a company registered in Malta and located at Triq il-Kappillan Mifsud, St Venera, Malta, SVR 1851 and, if you play the Games on http://arcade.betfair.com, references to "Betfair", "we", "us" and/or "our" in these Conditions are to Betfair Entertainment Limited.
Betfair is licensed to provide the Games in the Arcade on http://arcade.betfair.com pursuant to a licence granted to it by the Lotteries and Gaming Authority in Malta which is the regulator for all forms of gaming in Malta. For further information please go to www.lga.org.mt.
Whilst it is intended that Betfair will provide the Games on http://arcade.betfair.com pursuant to this licence, Betfair reserves the right to switch to other jurisdictions at any time.
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Location
All Games on http://arcade.betfair.com take place in the territory of Malta. When you leave http://arcade.betfair.com, your account is adjusted to reflect your wins or losses from your session.
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The Software
Various companies own and operate the Software and license it to Betfair enabling you to play the Games in the Arcade on http://arcade.betfair.com.
CONDITIONS SPECIFIC TO CUSTOMERS WISHING TO PLAY EXCHANGE GAMES
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Company and licensing details
Betfair Games Limited provides the platform on our site on which you can play the Exchange Games that we may provide from time to time.
Betfair Games Limited is a company registered in Malta and located at Triq il-Kappillan Mifsud, St Venera, Malta, SVR 1851 and, if you play any Exchange Games on http://games.betfair.com, references to "Betfair", "we", "us" and/or "our" in these Conditions are to Betfair Games Limited.
Betfair is licensed to provide the Exchange Games on http://games.betfair.com pursuant to a licence granted to it by the Lotteries and Gaming Authority in Malta which is the regulator for all forms of gaming in Malta. For further information please go to www.lga.org.mt.
Whilst it is intended that Betfair will provide the Exchange Games on http://games.betfair.com pursuant to this licence, Betfair reserves the right to switch to other jurisdictions at any time.
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Location
All Exchange Games on http://games.betfair.com take place in the territory of Malta. When you leave http://games.betfair.com, your account is adjusted to reflect your wins or losses from your session.
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The Software
The Sporting Exchange Limited owns and operates the Software and licenses it to Betfair enabling you to play the Exchange Games on http://games.betfair.com.
V 02/10 27/07/10
BETFAIR FORUM - CONDITIONS OF USE
The Betfair Forum is a separate service from the Betfair websites and Betfair core services. The Betfair Forum is licensed to and managed by TSE Global Limited ("TSEG"), whose registered office is at Waterfront, Hammersmith Embankment, Winslow Road, London W6 9HP. Use of the Betfair Forum is subject to the following terms and conditions in addition to the terms and conditions of the Betfair websites. TSEG sets Betfair Forum policy and reserves the right to change its policies at any time with or without notice. By using (reading and/or posting in) the Betfair Forum you enter a contract with TSEG and you agree to be bound by these terms and conditions.
The Betfair Forum is intended for legitimate comment and constructive discussion and the sharing of opinions on sport, gaming and other matters. TSEG reserves the right to restrict posting privileges in the Betfair Forum of any customers who have not funded their account, who have not placed at least one bet, and/or who have not been "KYC'd" to Betfair's satisfaction (i.e. who have provided sufficient data relating to their identity).
The first time you post a message, you will be prompted to enter a unique Betfair Forum username. For security reasons your Betfair Forum username should be different from your Betfair account username. It is not possible to change your Betfair Forum username once you have selected it. Only the Betfair account holder may use the Betfair Forum username designated for the Betfair account. TSEG may suspend or prohibit Betfair account holders from accessing the Betfair Forum at any time and for any reason in its absolute discretion. You are responsible for the content or actions associated with your Betfair Forum username.
All users of the Betfair Forum agree not to post any item or any links to content that TSEG deems to:
- be defamatory or discloses information that the customer has no legal right to disclose, or is otherwise illegal;
- be (or contains anything which is) racist, vulgar, hateful, obscene, profane, threatening, insulting or offensive;
- intend to impersonate another person or entity;
- contain any form of advertising, promotional materials or any form of commercial activity;
- contain any promotion of any competitor of Betfair or their products;
- contain any or links to any virus, corrupted files, "Trojan Horses", key loggers or any other malicious code or material that could cause harm to the computer, data or financial security of any party;
- contain any or links to any intentionally false or misleading statements or any statement seeking to unfairly manipulate a market;
- be an attempt to collect or store data (including posting and/or canvassing email addresses) about other customers;
- be misuse of Forum functionality (including but not limited to the Report Abuse Function);
- be protected by any form of intellectual property whether registered or unregistered or any contractual, statutory and equitable obligations of confidence (including, for example, information provided by any third party tipping service);
- be or may amount to collusion or activities of a suspicious or criminal nature; and
- is in a language other than English.
Although TSEG does not moderate the Betfair Forum all conversations may be logged and recorded and it has controls in place to monitor the use of the Betfair Forum servers in response to complaints. TSEG reserves the right to delete or refuse any posting and/or recommend to Betfair that it suspend or terminate any Betfair account for any reason at any time without notice. TSEG may revoke your Betfair Forum privileges if you act outside the guidelines set out in these terms and conditions.
TSEG reserves the right to change these terms and conditions at any time by changes to the version of these terms available online and, where necessary in TSEG's discretion, by way of Betfair Forum announcement. By continuing to use the Betfair Forum, customers agree to be bound by the most current version of these terms and conditions.
Copyright in all information and materials on the Betfair Forum is owned by The Sporting Exchange Limited ("TSEL") and users of the Betfair Forum hereby agree to assign any copyright in their present or future postings to TSEL.
TSEG has no obligation to check the accuracy, completeness or truth of any information posted in the Betfair Forum. A procedure will be provided for notification of objectionable posts and, upon proper notification, TSEG will act expeditiously to remove any such material if, in its absolute discretion, it believes it is appropriate to do so. TSEG excludes all liability for any reliance placed on information in postings.
All Betfair Forum users shall protect their username and password and hereby accept all risk from others accessing or misusing their account. Users agree to notify TSEG immediately if they suspect any misuse of their username/password is occurring.
Users hereby agree to indemnify and hold TSEG and companies in the Betfair Group harmless against all costs, claims, liability or damage (including solicitor/client costs) resulting directly or indirectly from that user's breach of these terms & conditions.
These terms & conditions are governed by the laws of England and Wales.
The courts of England and Wales have non-exclusive jurisdiction.
The Contracts (Rights of Third Parties) Act does not apply to these terms and conditions.
These Terms and Conditions may be prepared in various languages other than English for reference only. In the event of any differences between the English version of the terms and conditions and any non English version, the English version shall prevail.
Betfair's Privacy Policy applies to your personal data. In addition to reserving the right to disclose your details (including any material you post in the Betfair Forum), in accordance with the Privacy Policy you are hereby put you on notice that, in the event of a complaint relating to any potentially defamatory material and/or material that otherwise breaches clause 4 of these terms it is the policy of TSEG not to oppose an application to a court for the disclosure of personal data relating to posters in the Betfair Forum (or elsewhere on Betfair sites). Equally it is TSEG's policy not to disclose such data unless such an order is sought; or disclosure is permitted in accordance with the Betfair Privacy Policy; or disclosure is permitted by reason of any exemption in the Data Protection Act 1998 (which includes, amongst other things, the right to disclose suspicious content to the relevant authorities). In this regard your attention is specifically drawn to clauses 4 and 10 of these terms. Please think carefully before you post.
The publisher with respect to all Betfair Forum functionality and services is TSEG.
PLEASE DO NOT USE THE FORUM FOR QUERIES NEEDING A RESPONSE FROM BETFAIR: Instead please contact the Helpdesk on 0844 871 0000 or email info@betfair.com
ALL FORUM RELATED QUERIES SHOULD BE SENT TO forum@betfair.com
V 02/10 09/07/10