IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
THESE TERMS AND CONDITIONS ARE DRAFTED IN ENGLISH. ANY TRANSLATION INTO ANOTHER LANGUAGE IS ONLY FOR THE CONVENIENCE OF THE READER. IN THE EVENT OF ANY CONFLICT OR INCONSISTENCY THE ENGLISH LANGUAGE VERSION SHALL PREVAIL OVER ANY TRANSLATED VERSION.
1. Who We Are and How We Are Regulated
1.1. Rivalry Limited ("Rivalry", “we” or “us”) is established in the Isle of Man with registered number 131470C) and has a registered office located at PO Box 227, Clinch’s House, Lord Street, Douglas, IM99 1RZ. Rivalry is licenced by the Isle of Man Gambling Supervision Commission to undertake online betting and online gaming.
1.2. To contact us, please email [email protected]
2. When These Terms and Conditions Apply
2.2. These Terms and Conditions form a legally binding agreement between you and Rivalry. By registering an account (“Your Account”) or (“Account”), utilising the Services or by proceeding to access the Website, you are deemed to have accepted and understood them. You agree to be bound by the Terms and Conditions and You agree to the use of electronic communications in order to enter into contracts and, to the extent permitted by law, waive any applicable rights requiring signature by hand.
2.3. These Terms and Conditions will come into effect on Feb 1 2018.
3. Changes to the Terms and Conditions
3.1. We may need to amend the Terms and Conditions from time to time for a number of reasons, including (without limitation) for commercial reasons, to comply with law or regulations, to comply with instructions, guidance or recommendations from a regulatory body, or for customer service reasons. The most up-to-date Terms and Conditions can be accessed from the link in the footer section of the Website, and the date on which they will come into force will be noted at paragraph 2.3.
3.2. Where we wish to make substantial changes to the Terms and Conditions, we will give you as much prior notice of such changes as is reasonably practicable via one of the following methods:
(a) Email (to the email address you have supplied us with);
(b) A message to Your Account on the Website; or
(c) A notice on the Website.
3.3. For minor or insubstantial changes, we may not give you any notice of such changes, so you are advised to review the Terms and Conditions through the link on the Website on a regular basis. Your continued use of the Website after these changes have been made shall be deemed as your acceptance of the changes
3.4. We may, at our discretion, invite you to accept any new Terms and Conditions by clicking on "yes" or "I accept", checking a 'tick box' or any other similar method of confirmation by you. If you provide us with an acknowledgment in accordance with paragraph 3.4 above or if you continue to use Your Account or otherwise access the Website following notification of a change to the Website, you shall, from such time, be deemed to have accepted, and be bound by, the new Terms and Conditions. If any change is unacceptable to you, you may either cease using the Website and/or close Your Account.
4. Opening Your Account
4.1. To utilize our Services and undertake any betting transactions on our Website you must first register on the Website and open an Account.
4.2. In order to open Your Account you will be asked to provide us with your name, date of birth and details including, but not limited to, your address, telephone number, email address and payment/bank details (as applicable)("Personal Information").
4.3. You agree to provide all relevant Personal Information to us on opening of Your Account and it is your responsibility to ensure that your Personal Information are kept up-to-date on the Website. You may update your Personal information as required from time to time through the Account Page on the Website or by contacting our customer service.
4.5. In opening an account with us you warrant that:
(a) You agree that your use of this Website is at your sole risk and further understand and agree that by using the Website and/or the Services, you may lose money on bets and you accept full responsibility for any such loss;
(b) You are (a) over 18 years of age and (b) above the age at which gambling or gaming activities are legal under the law or jurisdiction that applies to you (“Relevant Age“);
(c) Gambling is not illegal in the country in which you reside;
(d) You are not excluded or currently self-excluded from gambling;
(e) You accept and acknowledge that you are solely responsible for understanding and complying with any laws and regulations applicable, in the country in which you reside, to your use of the Services and access to this Website;
(f) You have not previously had an Account closed by us for any reason; and
(g) You are opening account for your own personal use.
4.6. You may open only one Account with us. Any additional accounts that are opened may, in our sole and absolute discretion, be closed by us in accordance with paragraph 10.2 and any amounts credited to such Account returned to you.
4.7 You may NOT open an account or operate an account on behalf of a business or legal entity.
5. Verification of Identity
5.1. By accepting these Terms and Conditions you warrant that the name and address you supply when opening Your Account are correct.
5.2. By agreeing to these Terms and Conditions you authorize us to undertake any such verification checks from time to time as we may require ourselves or may be required by third parties (including, but not limited to, regulatory bodies) to confirm these facts (the "IDChecks"). You agree that from time to time, upon our request, you may be required to provide additional details in respect of any of such information you have provided us, including in relation to any deposits which you have made into Your Account.
5.3. Whilst we are undertaking any ID Checks from time to time, we may restrict you from withdrawing funds from Your Account and/or prevent access to all or certain parts of the Website. Please note that we may from time to time re-perform the ID Checks for regulatory, security or other business reasons. If any such restrictions cause you a problem, please contact our customer service.
5.5. In certain circumstances we may have to contact you and ask you to provide further information to us directly in order to complete the ID Checks. For this purpose, we will be entitled, at our sole discretion, to require that you provide us with identification documentation certified or notarize in accordance with the applicable law of your jurisdiction of residence. Such documentation may include proof of address, utility bills, bank details, bank statements and bank references. Until such information has been supplied to our satisfaction we may prevent any activity to be undertaken by you in relation to Your Account or we may, where we reasonably believe that deliberately incorrect information has been provided by you, keep any amount deposited on Your Account following the closure of Your Account by us.
5.6. It may be an offence for persons under the Relevant Age to make use of the Website or access the Services. If we are unable to confirm that you are the Relevant Age, then we may suspend Your Account until such time that we are able to confirm that you are the Relevant Age. If you are subsequently proven to have been under the Relevant Age at the time you made any gambling or gaming transactions with us, then:
(a) Your Account will be closed in accordance with paragraph 10.2 and:
(b) All transactions made whilst you were under the Relevant Age will be made void, and all related funds deposited by you will be returned by the payment option used for the deposit of such funds, wherever practicable; and
(c) Any winnings which you have accrued during such time when you were under the Relevant Age will be forfeited by you (and may be deducted from the amount of any deposit returned under paragraph 5.5.1) and you will return to us on demand any such funds which have been withdrawn from Your Account.
6. Your Account Details
6.1. As part of our security procedures, on opening an Account you may be required to provide us with a username and password (“Account Details”). You must treat your Account Details as confidential and must not disclose them to any third party.
6.2. You shall be responsible for any misuse and/or unauthorised disclosure of your Account Details. If you are concerned that your Account Details have been deliberately or unintentionally disclosed to a third party, or that Your Account has been accessed by any third party without your knowledge or consent, you must notify customer service immediately to de-activate Your Account.
6.3. Any bets or requests made online where the correct Account Details have been used will be considered valid and binding to you and us. Only after your notification to us that your Account Details have been compromised and we have de-activated Your Account, will bets or requests made via the Website using your Account Details be deemed void.
6.4. We may require you to change your Account Details from time to time or we may suspend Your Account if we have reason to believe that there is likely to be a breach of security or misuse of the Website. We may, at our sole and absolute discretion, change your Account Details on prior notice to you.
7. Funding Your Account
7.1. If you wish to participate in the Services you are required to deposit money into Your Account. By accepting these Terms and Conditions you warrant that you are the rightful owner of the money which you at any time deposit in Your Account. Details of how to deposit funds can be found in the payments section of the Website.
7.1.1 Please note that credit card transactions will appear on your billing statements as "MMX* [rivalry.com]".
7.2. If you use a payment option in respect of which you are not the account holder, we reserve the right to treat any deposit into Your Account as being invalid (and any winnings arising from such deposit as void) pending the satisfactory completion of all relevant ID Checks.
7.3. In accordance with the requirements of the Isle of Man Gambling Supervision Commission’s regulations on the protection of customer funds we are obliged to inform you about what happens to funds we hold on account for you, and the extent to which such funds are protected in the event of our insolvency. We hold all customer funds wholly separate from other company funds in a legally designated client account. This means that all such funds are protected, and in the case of any operational difficulties, properly due funds can be repatriated to the customer.
7.4. We do not offer credit. All bets must be supported by sufficient funds in Your Account. We reserve the right to void any bet which may have inadvertently been placed when the Account does not have sufficient funds to support the bet.
7.5. If we incur any charge-backs, reversals or other charges in respect of Your Account, we reserve the right to charge you for the relevant amounts incurred. For the avoidance of doubt Your Account shall not be used by you as a bank account and, should we become aware of deposits into and withdrawals from Your Account without commensurate betting or gaming activity, we reserve the right to deduct an administration charge (whether or not we close or suspend Your Account). Funds deposited with us in Your Account shall not attract interest.
7.6. We may at any time set off any positive balance on Your Account against any amount owing by you to us for any reason, including but not limited to, re-settling of bets, payment errors or negative balances.
7.7. To the extent required by your local law or tax or other authorities you are responsible for reporting your winnings and losses arising from your activities on our Website.
7.8. All winnings from settled bets will be credited to the balance of Your Account. Should funds be credited to Your Account in error, it is your responsibility to inform us without delay. We reserve the right to void bets placed using funds credited to Your Account in error and to recover such funds by account adjustment at any time.
7.9. It is your responsibility to actively maintain your account with us. To maintain an active Account you must log into our Website and utilise our Services at least once in any six (6) month period.
7.10. We will review our Customer Database periodically in order to identify any Accounts that have not been active for a six consecutive month period (“Dormant Accounts”) where funds may still be available for withdrawal. If Your Account is identified as being a Dormant Account we will attempt to contact you using the registered details you have provided to us by methods such as telephone, e-mail or letter. If we have not established contact with you by such means within 6 months after we have identified Your Account as a Dormant Account, any outstanding funds held in Your Account will be set aside, the Account will be closed, the funds will be made available for distribution to a nominated charity chosen by us and you agree to forfeit any and all claims against us.
7.11. Provided all funds in Your Account are confirmed by us as cleared, all ID Checks have been completed by us to our satisfaction and any conditions of withdrawal that may be applied to Your Account being met you may request a withdrawal of funds from Your Account at any time. Details of how to withdraw funds can be found in payments section of the Website.
7.12 We reserve the right to charge a fee for withdrawal of funds that have not been wagered. The fee structure is defined on the payments section of the website
7.13 A refund will be issued in the event that a withdrawal request is made without the wagering of funds. The funds will be issued as a refund in accordance with the payment instrument used. Funds must be refunded back to the originating payment source. In the event of a refund, we reserve the right to charge a fee amounting to the costs to process the refund.
7.14 A withdraw request may only be made after fulfilling the Identity Verification procedures outlined in section 5.
7.15 Funds must only be returned to the account owner of the original funds. It is NOT permitted to withdraw or refund funds to a third party account.
7.16 Withdrawal requests must first be made to the same method that was used to deposit. We will use a proportionate withdrawal rule when funds are added from multiple sources. Withdrawal request to any source other than the original deposit method will be subject to additional fraud and AML verification and may be rejected at our discretion.
7.17 A refund may be issued within 7 days of any deposit transaction. The refund will be issued if there has not been any transactions on the account after the deposit transaction. To request a refund of a transaction you must prove your identity as outlined in section 5 and contact customer support directly [email protected] or by mail at the address listed on our contact page. There are no fees for the first refund on each account. Additional refunds will be charged the greater of $1 or 5% of the transaction.
7.18 Bonus funds may only be awarded to users that are legally allowed to use the website for gambling purposes. Circumventing any requirement for opening a valid account will cause your account to be terminated and all balances void. Opening of multiple accounts is specifically prohibited for any reason.
7.19 Winnings from bonus funds may be withdrawn at any time provided that you have (a) made a successful deposit and (b) verified your age and identity accurately within our system. All withdrawal requests of winnings from bonus funds are subject to existing withdrawal rules and regulations. Withdrawal requests will be subject to verification of duplicate accounts and screening for circumvention of these terms and conditions.
7.20 Bonus funds will be void and removed from your account after 6 months if you fail to make a successful deposit at least once after the time that bonus funds have been awarded to your account.
8. Placing Your Bets
8.1. We will only accept bets from persons with a valid Account. In order to place a bet or access a Service you should follow the instructions provided at the Help section. It is your responsibility to ensure that the details of any bet, stake or similar transaction that you place using the Services (a "Bet") is correct in accordance with the relevant betting rules.
8.2. You are only deemed to have made a Bet if you are the holder of an Account. A Bet is deemed accepted only when it has been accepted by us.
8.3. We reserve the right to refuse the whole or part of any Bet at any time in our absolute discretion.
8.4. You will not be allowed to cancel or change your Bets once they have been placed and accepted by us and we are under no obligation to cancel Bets that have been validly placed and accepted in accordance with these Terms and Conditions and the Betting Rules. If you notify us before the completion of the acceptance of a Bet that you wish to cancel or change and/or before the event on which the Bet you wish to cancel or change has been placed occurs we may, at our absolute discretion, agree to cancel or change such Bet.
8.5. We reserve the right to suspend or prohibit further Bets on an event at any time without prior notice to you at our sole and absolute discretion. When an event is suspended or access to it prohibited, any attempted Bets entered on the Website following the suspension or access prohibition will be rejected.
8.6. We do not accept any responsibility for failure in any equipment or telecommunication that prevents the correct placing, accepting, recording, confirmation or notification of Transactions.
8.7. We shall not, in any event, be liable for any damages or losses that are deemed or alleged to have resulted from or been caused by the Website or its content, including but without limitation to, delays or interruptions in operation or transmission, communications lines failure, any person's use or misuse of the Website or its content, or any errors or omissions in content in relation thereto.
8.8. For pre-match bet offerings, Bets will be accepted up to the announced official start time for any given event. Where an official start time is not announced, Bets will be accepted up to the advertised start time of such event. If a Bet is inadvertently accepted after the relevant start time, the Bet will be void.
8.9. Bets placed by credit or debit card do not become valid until we have received payment in full, subject always to paragraph 8.3 above. In the event that you have placed a Bet prior to payment in full, then such Bet shall be automatically voided.
8.10. Your Account must have a cleared funds balance in excess of the relevant Bet amount in order for you to be able to place Bets. Otherwise Bets attempted from such Account will be void.
8.11. All prices displayed on the Website are subject to variation but become fixed at the time a Bet is placed and accepted in accordance with paragraph 8.2 above. We reserve the right, at our absolute discretion without explanation, to change the odds, prices, or any information on a bet type, market or event at any time without prior notice to you. We further reserve the right at our absolute discretion to either void or reject any affected bets at any time or to correct any error when by error, omission or mistake the incorrect odds, prices, or any information on a bet type, market or event at any time where displayed. We will announce any such variations or changes by promptly placing a prominent notice on the Website.
8.12. The maximum Bet amount that you may place on any event varies according to the specific Bet type, and is subject to change without prior notice at our absolute discretion.
8.13. We allow live or “in play” betting.
8.14. We offer at Our sole discretion a live cash-out feature for select sports, events, and markets called “Chicken Out” that allows Members to fully or partially settle applicable bets and wagers prior to the conclusion of the applicable event. We reserve the right to determine the sports, events, markets and countries in which We will offer Chicken Out. The availability of Chicken Out to You is conclusively evidenced in the bet slip applicable to your bet or wager.
Bet Slip Conflicts - You acknowledge and agree that in the event of a conflict between the Chicken Out or cash out icon on the Website, and the applicable bet slip for a bet or wager, the bet slip shall govern and shall supersede the Website in all respects.
Availability- You further acknowledge and agree that Rivalry does not guarantee that Chicken Out or any other cash out functionality will be available on a selected wager or bet. Notwithstanding any other provision of these Terms & Conditions, Chicken Out will not be available when a market is suspended or closed.
If Chicken Out is available before an event and We do not offer live or in-event betting for such event, Chicken Out will not be available once the event has started. Chicken Out will not be available for an event once that event has been completed.
Processing - Once You have submitted a Chicken Out request, we will process that request in a timely manner. You acknowledge and agree that there is a delay between your submission of a Chicken Out request and our processing of such request and further acknowledge and agree that if, during the time in which we are processing the Chicken Out request, there is a significant change in the pricing or odds or in the markets in question, or if such markets are suspended or closed during such time, the Chicken Out request may not be successful and may be rejected.
If a Chicken Out request is rejected, We may continue to offer the Chicken Out feature for such an event at our sole discretion and any cash out that occurs thereafter may reflect the change in pricing or odds in the markets in question that occurred since the time you submitted the initial Chicken Out request.
You acknowledge and agree that submission of a Chicken Out request does not create a definitive right to settlement and that we may reject such request as set forth in these Terms & Conditions and in accordance with applicable laws and regulations. If a Chicken Out request is accepted, the displayed Chicken Out value will be immediately settled to Your Account. Accepted Chicken Out requests are immediately settled and not subject to refund or reversal.
Partial Requests - If a Member requests a cash out of only a portion of a live bet or wager (a “Partial Chicken Out”), the portion of the Partial Chicken Out that has been accepted for cash out (the “Partial Chicken Out Amount”) will be immediately settled and credited to the Member’s Account and the remaining stake will continue to function in the manner as it was initially made except in respect of the portion of the Partial Chicken Out Amount and related winnings.
8.15 Chicken Out will not be available for bets placed with bonus funds.
9. Collusion, Cheating, Fraud and Criminal Activity
9.1. Any one of the following practices in relation to the Services constitute "Prohibited Practices" and are not permitted:
(a) Abuse of bonuses or other promotions (e.g. bonus funds and promotions are only available for one person per household); and/or
(b) Using unfair external factors or influences (commonly known as cheating); and/or
(c) Colluding with another individuals using the Services;
(d) Taking unfair advantage (as defined in paragraph 9.6); and/or
(e) Opening any duplicate Accounts; and/or
(f) Undertaking fraudulent practice or criminal activity (as defined in paragraph 9.6).
Any exercise of a Prohibited Practice will constitute a material breach of the Terms and Conditions. We will take all reasonable steps to prevent and detect such practices and to identify the relevant players concerned if they do occur. Subject to the above, however, we will not be liable for any loss or damage which you may incur as a result of any Prohibited Practices, and any action we take in respect of the same will be at our sole discretion.
9.2. If you suspect a person is engaged in any Prohibited Practice, you shall as soon as reasonably practicable report it to us by e-mailing our customer service team ([email protected]).
9.3. By accepting these Terms and Conditions you agree that you shall not participate in or be connected with any form of Prohibited Practice in connection with your access to or use of the Services.
9.4. If we have reasonable grounds to believe that you have participated in or have been connected with any form of Prohibited Practice (and the basis of our belief shall include the use by us (and by our gaming partners and our other suppliers) of any fraud, cheating and collusion detection practices which are used in the gambling and gaming industry at the relevant time); or if you have placed bets and/or played online games with any other online provider of gambling services and are suspected (as a result of such play) of any Prohibited Practice or otherwise improper activity; or if we become aware that you have "charged back" or denied any of the purchases or deposits that you made to Your Account; or if in our reasonable opinion your continued use of the Services may be detrimental to our regulated status, including our continued ability to be licensed by the Isle of Man Gambling Supervision Commission; or if you become bankrupt or suffer analogous proceedings anywhere in the world, then, (including in connection with any suspension and/or termination of Your Account) we shall have the right, in respect of Your Account to withhold the whole or part of the balance and/or recover from the Account the amount of any deposits, pay-outs, bonuses or winnings which have been affected by or are in any way attributable to any of the event(s) contemplated in this paragraph 9.4. The rights set out in this paragraph 9.4 are without prejudice to any other rights (including any common law rights) that we may have against you, whether under these Terms and Conditions or otherwise.
9.5. In exercising any of our rights under paragraph 9 in relation to a Prohibited Practice, we shall use all reasonable endeavours to ensure that, while complying with our regulatory and other legal obligations, we exercise such rights in a manner which is fair to you and to our other customers.
9.6. For the purposes of this paragraph 9:
"Criminal activity" shall include, without limitation, money laundering and any offence under all applicable legislation; and
"Fraudulent practice" means any fraudulent activity engaged in by you or by any person acting on your behalf or in collusion with you, and shall include, without limitation:
(a) Fraudulent charge-backs activity;
(b) The use by you or any other person who was participating in the same game as you at any time, of a stolen, cloned or otherwise unauthorized credit or debit card, as a source of funds;
(c) The collusion by you with others in order to gain an unfair advantage (including through bonus schemes or similar incentives offered by us);
(d) Any attempt to register false or misleading account information; and
(e) Any actual or attempted act by you which is reasonably deemed by us to be illegal in any applicable jurisdiction, made in bad faith, or intended to defraud us and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes us any damage or harm;
"Unfair advantage" shall include, without limitation: the exploitation of a fault, loophole or error in our or any third party's software used by you in connection with the Services (including in respect of any game); the use of any ‘Bots’ for skill games and ‘Bots’ for any other use which would otherwise constitute any other Prohibited Practices; the use of third party software or analysis systems; or the exploitation by you, of an Error as defined in paragraph 12, in any case either to your advantage and/or to the disadvantage of us or others.
10. Suspension of Your Account Suspension and Closure of Your Account by Us
10.1. We shall be entitled to suspend Your Account in the circumstances expressly set out in these Terms and Conditions or at our sole and absolute discretion as the circumstances may reasonably warrant. Upon the suspension of Your Account:
(a) No activity shall be permitted (including deposits, withdrawals, betting or gaming) until the date upon which it is re-activated by us;
(b) No bonuses or contingent winnings will be credited to the Account; and
(c) We shall address the issue that has given rise to the Account suspension with a view to resolving it as soon as reasonably practicable so that the Account can, as appropriate, either be re-activated or closed.
10.2. We reserve the right, at our sole and absolute discretion, to close your account and terminate these Terms and Conditions with us (notwithstanding any other provisions contained in these Terms and Conditions) on written notice (or attempted notice) to you using your contact details. In the event of any such termination by us we shall, subject to paragraph 10.3, as soon as reasonably practicable following a request by you, refund the balance of Your Account.
10.3. Where we close Your Account and terminate the Terms and Conditions pursuant to paragraph 9 or paragraph 10.2, the balance of Your Account will be non-refundable and deemed to be forfeited by you. Closure of Your Account and termination of the Terms and Conditions, other than pursuant to paragraphs 9 or 10.2 of these Terms and Conditions, will not affect any outstanding bets, provided that such outstanding bets are valid. For the avoidance of doubt, we will not credit any bonuses into Your Account, nor will you be entitled to any contingent winnings, at any time after the date on which it has been closed (whether by us pursuant to the Terms and Conditions, or in response to your request).
10.4. You may cancel Your Account with us at any time by informing us in writing of your intention to do so by contacting us by email at [email protected] If you decide to cancel Your Account, you must stop using the Website immediately. Only after notification by us that Your Account has been cancelled will bets or requests made online with the Account be deemed void. You will continue to be liable for any activity on Your Account until such notification of Account cancellation from us.
10.5. Upon any termination of Your Account under this paragraph 10 we shall be entitled (without limiting our rights under paragraph 10.2) to withhold, from the repayment of the outstanding balance on Your Account, any funds pursuant to paragraph 9, paragraph 17 or as otherwise provided by these Terms and Conditions or as required by all applicable laws and regulations.
10.6. When repaying the outstanding balance on Your Account, we shall use the same option of payment which you provided upon registration of Your Account, or such other payment option as we may reasonably select.
11. Third Party Suppliers
11.1. We receive information and services from third party suppliers which includes sportsbook games. In some instance where systems are provided by third party suppliers, you may be unable to access all account history and transactional information via systems controlled by us. In the event that you do require further information concerning game play or any other element of your account history please contact our customer services team who will be able to assist.
11.2. In order to use the products offered through the Services, You may be required to download and install software supplied by third parties ("Software") on to the devices you are using to access the Services ("Your Devices"). Software may include, but is not limited to: applications, and any promotional, marketing and/or facility applications, products and software. In such circumstances, you may be required to enter into a separate agreement with the owner or licensor of such Software in respect of your use of the same (an "End User Licence Agreement"). In case of any inconsistency between the Terms and Conditions and any End User Licence Agreement, these Terms and Conditions will prevail in so far as the inconsistency relates to the relationship between you and us.
11.3. We do not allow any employee, anyone else in any way connected to such employee or anyone otherwise connected to the service provider (to be determined by our absolute discretion) to Bet on any event where the service provider is providing a service to us. We will void any Bet where we determine in our absolute discretion that such betting has taken place.
12. Errors and Omissions
12.1. Where problems occur in the software or hardware used by us to provide the Services we will take all reasonable steps to remedy the problem as soon as reasonably practicable. Where such problems cause a game to be interrupted in circumstances where it cannot be restarted from exactly the same position without any detriment to you or other players, we will take all reasonable steps to treat you in a fair manner (which may include reinstating the balance on Your Account to the position existing following completion of the last bet or game logged on our server immediately prior to the occurrence of the problem).
12.2. A number of circumstances may arise where a Bet is accepted, or a payment is made, by us in error. A non-exhaustive list of such circumstances is as follows:
(a) Where we misstate any odds or terms of a bet or gaming wager to you as a result of obvious error or omission in inputting the information or setting up a market, or as a result of a computer malfunction;
(b) Where we have made a 'palpable error'. A palpable error occurs where:
(i) In relation to bets placed prior to an event taking place, the prices/terms offered are materially different from those available in the general market; or
(ii) In relation to any event, the price/terms offered at the time the bet is placed are clearly incorrect given the probability of the event occurring;
(c) Where we have continued to accept bets on a market which should have been suspended, including where the relevant event is in progress (except where 'in-running' bets are accepted) or had already finished (sometimes referred to as 'late bets');
(d) Where an error has been made as a result of a Prohibited Practice under paragraph 9;
(e) Where we should not have accepted, or have the right to cancel or re-settle, a bet pursuant to the Betting Rules (for example due to 'Related Contingencies');
(f) Where an error is made by us as to the amount of winnings/returns that are paid to you, including as a result of a manual or computer input error; or
(g) Where an error has been made by us as to the amount of free bets and/or bonuses that are credited to Your Account,
any such circumstances being referred to as an "Error".
12.3. In the event of an Error, we reserve the right to:
(a) Correct any Error made on a bet placed and re-settle the same at the correct price or terms which were available or should have been available through us (absent the publishing error) at the time that the bet was placed and the bet will be deemed to have taken place on the terms which were usual for that bet; or
(b) Where it is not reasonably practicable to correct and re-settle under 12.3(a) above, to declare the bet void and return your stake into Your Account; or
(c) In circumstances where the Error has resulted from a Prohibited Practice, to take the steps set out in paragraph 9.4.
12.4. Any funds which are credited to Your Account, or paid to you as a result of an Error shall be deemed, pending resolution under paragraph 12.3, to be held by you on trust for us and shall be immediately repaid to us when a demand for payment is made by us to you. Where such circumstances exist, if you have funds in Your Account, we may reclaim these funds from Your Account. We agree that we shall use all reasonable endeavours to detect any Errors and inform you of them as soon as reasonably practicable
12.5. Neither us (including our employees or agents) nor our partners or suppliers shall be liable for any loss, including loss of winnings, that results from any Error by us or an error by you.
12.6 You shall inform us as soon as reasonably practicable should you become aware of any Error.
12.7. Where you have used funds which have been credited to Your Account or awarded to you as a result of an Error to place subsequent bets or play games, we shall cancel such bets and/or withhold any winnings which you may have won with such funds, and if we have paid out on any such bets or gaming activities, such amounts shall be deemed to be held by you on trust for us and we can immediately reclaim these funds from your account if you have sufficient balance or you shall be immediately repay to us any such amounts when a demand for repayment is made by us to you.
13. Events Outside Our Control
13.1. Without prejudice to our obligations contained within the various laws and regulations of the Isle of Man, we are not liable for any loss or damage that you may suffer caused by events outside our reasonable control, including (without limitation) power failure; 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 or otherwise outside of our control. In such an event, we reserve the right to cancel or suspend the Services without incurring any liability.
13.2. 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 or prevent you from being able to contact us.
13.3. We will not be liable for any failure to perform by any third party.
14. Virus, Hacking and Other Offences
14.1. You shall not attempt to attack, hack, make unauthorized alterations to/or introduce any kind of malicious code to the Website. As such, you will not, without limitation:
14.1.1 Reverse engineer or decompile (in whole or in part) any software available through the Website; or
14.1.2 Make copies, modify, reproduce, transmit, alter, use or distribute all or any part of the Website or any material or information contained on it; or
14.1.3 Disclose account information to any third party; or (d) contravene any of the provisions stated herein; or
14.1.4 Cheat, deceive, trick, misinform or defraud us in any way through use or abuse of our services or the Website or.
14.1.5 Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. We will report any suspected breach of the Computer Misuse Act 1990 to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
14.2. Should we suspect that you have failed to abide by the terms of this provision we shall have the right, in addition to any other remedy, to freeze or suspend your account with us in order to carry out further investigations. If it is confirmed that you failed to abide by the terms of this provision, this will result in the termination of the Services to you, closure of your account and forfeiture by us of any amounts in your account.
15. Claims and Disputes
15.1. We will seek criminal and contractual sanctions against you if you are found to have been involved in fraud, dishonesty or criminal acts. We will withhold payment to you as well where any of these are suspected. You shall indemnify and shall be liable to pay to us, on demand, all costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, loss of profit and loss of reputation) arising directly or indirectly from your fraud, dishonesty or criminal act.
15.2. We reserve the right to withhold payment and to declare Bets on an event void if we have evidence that the following has occurred: (i) the integrity of the event has been called into question (ii) the price(s) or pool has been manipulated (iii) match fixing has taken place. Evidence of the above may be based on the size, volume or pattern of bets placed with us across any or all of our betting channels. A decision given by the relevant governing body of the sport in question, our licensing authority and/ or any relevant industry association (if any) will be conclusive.
15.3. In accordance with paragraph 8.4,you will not be allowed to cancel or change your bets once these bets have been placed, accepted and recorded by us and the we are under no obligation to cancel bets that have been validly placed, accepted and recorded in accordance with these terms and conditions. If there is any dispute relating to the placement of a bet, you should notify us before the finalisation of the acceptance of such bets and/or before the event on which the bet has been placed occurs. We shall investigate such disputes accordingly and resolve them reasonably in our sole, absolute and reasonable discretion.
16. Complaints and Arbitration
16.1. If you wish to raise a complaint about any aspect of our products or services please contact our customer service team ([email protected]) with details about your complaint, which will be escalated as necessary within our customer service team until resolution.
16.2. If you do not agree with the decision of our customer service team, you may then request that the matter is escalated further. In order to escalate a complaint, you will need to clearly state your reasons for not agreeing with the previous decision, and any other relevant information. The decision of our Head of customer service (having completed such escalation as we consider reasonable in the circumstances) will be considered as our final decision.
16.3. If you remain unhappy with any solution offered by us then you agree that the matter may be referred to the Isle of Man Gambling Supervision Commission.
17. Breaches of the Terms and Conditions
17.1. We may suspend or cancel at any time Your Account if you breach any of your obligations under these Terms and Conditions. In case of your material breach of any of the provisions of these terms, as determined by us in our sole and absolute discretion, we reserve all our rights and remedies against you under these terms and at law. Further, we reserve the right to retain any outstanding funds from you as a guarantee of your obligations hereunder and/or any liability arising from the said breach of these Terms and Conditions.
18. Responsible Gambling
18.1. For those customers who wish to restrict their gambling, we provide a voluntary self-exclusion policy, which enables you to close your account or restrict your ability to place bets on the Website for a minimum period of six months. The self-exclusion period will come into effect immediately after you have confirmed with us that you wish to self-exclude. Once your account has been self-excluded you will be unable to reactivate the account under any circumstances until the expiry of the period chosen. At the expiry of the self-exclusion period you will be entitled to re-commence use of the services by contacting our customer service team. There will be a cooling-off period of 24 hours before the account becomes activated. As part of the self-exclusion process, you will no longer be informed of any future events, offers and promotions run by us.
18.2. If You require any information relating to this facility please speak to our customer service team or view our customer service section.
18.3. We will use our reasonable endeavours to ensure compliance with self-exclusion. However, self-exclusion requires the joint commitment of both you and us. During the self-exclusion period you must not attempt to try to open new accounts and you accept that we have no responsibility or liability whatsoever if you continue gambling and/or seek to use the Website and we fail to recognise or determine that you have requested self-exclusion in circumstances which are beyond our reasonable control including, but not limited to you opening a new account by or using a different name or address.
18.4. We are committed to supporting our customer service initiatives.
20. Limitation of Liability
20.1. Winnings will be credited or loses reflected to Your Account following confirmation of the final result from the relevant, reasonably appropriate, source (which in the case of a sporting event is most likely to be the sports governing body).
20.2. Should funds be credited to or debited from Your Account in error, it is your responsibility to notify us of the error without delay. Any sums credited to you due to the error will be deemed invalid and must be returned to us. You may not dispose of or place bets using funds credited to Your Account in error and we reserve the right to void any Bets involving such funds. You hereby agree to the return of any erroneously credited funds that you may have withdrawn and winnings from Bets placed using such funds.
20.3. We will not be held responsible for any typographical, technical, or human error in posting odds and/or handicaps. In the event of error, we reserve the right at its sole discretion to either void any affected bets at any time or to correct the error.
20.4. We will under no circumstances be held liable in equity, contract, tort, negligence, or otherwise (or any theory of law) for any damages or losses whether direct, indirect or any other nature, without limitation, that are deemed or alleged to have resulted from or been caused by the Services, the Website or its content including, but without limitation to, errors, inaccuracies or ambiguity in the Website or its contents, failures, malfunctions, delays or interruptions in operation or transmission, communication line failure, any persons, use or misuse of the Website or its content, any errors or omissions in content, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary or consequential loss or damage (even where you have notified us of the possibility of such loss or damage).
20.5. We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
20.6. We reserve the right to withdraw the Website or elements of the Website at any time, and save for any rights that you may have over deposited funds in its account, we will not be liable to you in any other way as a result of any such action.
21.1. You agree to fully indemnify, defend and hold us, and our officers, directors, employees, consultants, advisors, agents and suppliers harmless, immediately upon demand, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, (regardless of theory of law) arising out of your breach of any of the terms or the rules and regulations or any other liabilities arising out of your use of the Website or use by any other person accessing the Website using your Personal Information details.
22. Law and Jurisdiction
22.1. The construction, validity and performance of this agreement will be governed by the laws of the Isle of Man. However, this shall not prevent us from bringing any action in the court of any other jurisdiction for injunctive or similar relief. The English language version of the Terms and Conditions will prevail over any other language version issued by us.
23. Intellectual Property
23.1. The contents of the Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Rivalry or other third party licensors.
23.2. Except to the extent required to use a product for the purpose of placing Bets, no part of the Website may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website or in any public or private electronic retrieval system or service including text, graphics, video, messages, code and/or software without our express prior written consent.
23.3. Any commercial use or exploitation of the Website or its content is strictly prohibited.