Boylesports.com website terms and conditions of use as at 30th September 2011
1 GENERAL BACKGROUND
1.1 As a user of the Boylesports.com (http://www.boylesports.com ) and/or www.boylesports.com/mobile (hereinafter referred to as the "Website") you should be aware of the following:
1.1.1 The Website is operated by Boylesports (Isle of Man) Limited ("we", "us", "Boylesports" and "our").We are incorporated and regulated from the Isle of Man under company registration number 111582C, having its registered office at First Floor, Millennium House, Victoria Road, Douglas, IM2 4RW, Isle of Man. Our licence was registered on August 31, 2007. Internet gambling debts are enforceable by law in the Isle of Man.
1.1.2 Boylesports Isle of Man is a wholly owned subsidiary of Boylesports Holdings, which company has its registered office at Finnabair Industrial Estate, Dundalk, Co Louth, Ireland.
2 OTHER BOYLESPORTS GROUP COMPANIES' WEBSITES AND USE OF YOUR ACCOUNT ON THEIR WEBSITES
2.1 You can leave this Website and you can access online opportunities and services that are accessible on other Boylesports Group companies' websites (including but not limited to http://www.boylecasino.com , http://www.boylepoker.com , http://www.boylegames.com , http://www.boyleskill.com , http://www.boylebingo.com ).You agree and acknowledge that these online opportunities and services are not provided by Boylesports Isle of Man Limited but by other companies within the Boylesports Group.
2.2 Once you leave this Website and use any of the other Boylesports Group companies' websites it is your sole responsibility to familiarise yourself with the terms and conditions associated with these other websites, which are different to the terms and conditions of this Agreement. If you do not agree to the terms and conditions offered on these alternative Boylesports Group online websites please refrain from accessing and using the online opportunities and services on these websites as use of the online opportunities and services indicates your acceptance of them including (but not limited to) agreeing that your Account on this Website can be used for the purposes of those Boylesports Group websites.
2.3 You agree and understand that in the event of any Boylesports Group company terminating or suspending any agreement with you or your account with them, or the provision of any online opportunities or services to you, then we may terminate or suspend this Agreement, any of our Services or your Account at our sole discretion, without prejudice to any other rights or remedies which we might have. You agree and understand that in the event of us terminating or suspending any Agreement with you or your Account with us then the agreements with other Boylesports Group companies may provide that those companies are entitled to terminate or suspend their agreement with you, their services or your Account.
2.4 You agree and understand that if you use online opportunities and services of any other Boylesports Group company your Account with us may be debited and you are deemed to have irrevocably instructed us to pay monies from your Account to the relevant Boylesports Company for that purpose. You agree and understand that if you have winnings or monies in any of your other Boylesports Group companies' accounts then you are deemed to have irrevocably instructed those Boylesports Group companies to pay to us in respect of any monies or amounts owing to us.
2.5 This Agreement will apply to you if you use the Website even if you have registered through another company in the Boylesports Group and so are not required to complete a separate registration form prior to using the areas of the Website that usually require registration prior to use. You acknowledge and agree that the information which you provide to any another company in the Boylesports Group for the purposes of registering for use of a website or service offered by the other company in the Boylesports Group is deemed to have been provided to us once you begin to use the Website for the purposes of accessing the Services.
2.6 You agree that we can provide any information that you give to us (including any information provided on your registration form) to any of the other Boylesports Group companies on your behalf should you decide to use the online opportunities and services of any other Boylesports Group companies' website including, but not limited to, for the purposes of managing the Account that you have with us and its use with regards to a Boylesports Group company's website, online opportunities or services.
3.1 These terms and conditions ( "Terms" ) and all the documents expressly referred to in them (the "Agreement" ) are the terms and conditions of the agreement which you enter into with us when you: access and make use of the Website and/or the Services. Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide on our Website without notice (see below).
3.2 Please read these Terms; together with all the documents referred to in it carefully before you start to use the Website and/or the Services. By accessing and using the Website and/or the Services you indicate that you have read, understand and accept the terms and conditions of this Agreement and that you agree to abide by them each time you access and use the Website and/or the Services. If you do not agree to these terms and conditions, please refrain from accessing and using the Website and/or the Services.
3.5 You agree and acknowledge that you are fully aware that there is a risk of losing money when gambling by means of the Website and/or the Services and you are fully responsible for any such loss.
3.6 By requesting to register and open an Account with us you confirm acceptance and understanding of all this Agreement, including when subscribing for new Services or using the Services, downloading software or changing your preferences or details on the Account.
3.7 This Agreement applies to each visitor to, and user of, the Website including registered and unregistered users. Some areas of each of the Website require registration prior to use.
4.1 On occasion the prices available on the Website may not be the same as those prices available at Boylesports Licensed Betting Office (LBO's) or Boylesports Fon-A-Bet service. If you use the Website to avail of the Services then the prices available on the Website shall apply to you.
4.2 We reserve the right to refuse the whole or part of any Bet offered by you or to reject any application from you to open an Account without offering you any explanation. At any time Boylesports may terminate your Account and/or this Agreement with you without offering you any explanation. We reserve the right to monitor and restrict special offers and trading concessions from all Oddschecker.com customers who were referred to Boylesports.com.
4.3 You must check your Account balance each time you log on to the Website. In the event of a query it is your responsibility to notify us at the earliest opportunity together with a complete record of your transactions since your balance was last verified by you and to provide us with any other related information that we request.
4.4 Once logged into the Website you can view your Account statement by selecting the "My Account" option and "Statement" on the Website. Here you will be able to search for any previous Bets made on your Account using the search parameters provided. The statement on the Website will also show the running balance through your Account for the days specified.
4.5 We reserve the right to monitor, restrict and/or alter the administration of special offers and trading concessions on a per client basis at our own discretion without prior notice.
5.1 By opening an Account with us and by using the Website you warrant that:
(a) you are at least 18 years of age;
(b) you are legally capable of entering into binding contracts;
(c) you are resident in an area that permits gambling to occur;
(d) you are not an employee of Boylesports Isle of Man Limited or any company within the Boylesports Group; and,
(e) you are accessing and using our online services on the Website from a country in which it is legal to do so.
5.2 The use of the Website by a person under 18 years of age is prohibited. We reserve the right to require you to provide proof of age documentation to us at any time and your Account may be suspended by us at any time until satisfactory proof of age documentation is produced to us by you.
5.3 You may only open one Account with us, which then can be used by you for the purposes of the Website (and alternative websites offered by other Boylesports Group companies should you choose to use them). When registering for an Account with us in respect of the Website you agree to provide accurate, current and complete information and to promptly update the information you provide to us when it changes.
5.4 If you choose, or if you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
5.5 You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your username and password. Any user identification name and password chosen or provided to you for your access to the Website shall be for your personal, non-commercial use only and is non-transferable.
5.6 You agree to (a) immediately notify us of any unauthorised use of your username and/or password, or any other breach of security and (b) ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with the requirements in this Clause 5.
5.7 If you forget or lose your password or Account information please contact us immediately. We will use reasonable commercial endeavours to suspend your Account once you inform us of your lost Account details, but you remain solely responsible for any Bets placed on an Account prior to our suspending your Account. If we have reason to believe that there is likely to be a breach of security or misuse of your Account, we may require you to change your password/registration details or we may suspend or close your Account without notice.
5.8 Unauthorised access of certain web content by minors is a constant fear for parents and/or guardians. To help protect against this there are a number of third party applications that parents or guardians can use to monitor or restrict their computer's access to the Internet. We recommend that, where necessary, such applications should be used. You remain solely responsible for any use made of your computer to access our Website and/or Services.
5.9 We have the right to disable, suspend or restrict your user identification name or password, whether chosen by you or allocated by us, at any time, at our discretion, including if, in our opinion, you have failed to comply with any of the provisions of this Agreement.
5.10 You may not: (i) enter, select or use a false name, address, Account details or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use a name or such details without appropriate authorisation. We accept no liability resulting from any unauthorised use of our Website and/or Services, whether fraudulent or otherwise. We reserve the right in our sole discretion to refuse registration of, suspend or cancel a user identification name without notice.
5.11 You confirm that you have not previously held an account which was terminated either by us or by any other online fixed odds betting operator by reason of breach or improper or unlawful behaviour.
6.1 Subject to this Agreement, you may use the Website for your own personal and non-commercial use to view and use the Website and to avail of the Services.
6.2 Your access to the Website and the Services is permitted on a temporary basis and we reserve the right to at any time and without liability to withdraw, suspend or amend any aspect or feature of the Website or Services without notice or liability. Your access to the Website and Services is provided by us on an "as is" basis. We will not be liable if for any reason our Website is unavailable at any time or for any period.
6.3 You are responsible for making all arrangements necessary for you to have access to the Website and Services, including arranging for an internet connection. You are also responsible for ensuring that all persons who access the Website and Services through your internet connection are aware of this agreement, and that they comply with it.
6.4 We do not accept bets or play from US, Dutch or Turkish residents or allow them to open Accounts with us, and we may decide to change at any time the type of users or residents located in any jurisdictions permitted to use or access the Website or Services at our discretion. If you are a resident of these countries or if you a member of class or users or residents that we have decided shall not be entitled to use our Website you should not attempt to register for or use our Website or Services.
6.5 For the avoidance of doubt, the availability of the Website does not constitute an offer or an invitation by us to register with or transact on the Website in a jurisdiction in which such registration and/or transacting is unlawful or contrary to any applicable regulation. It is your responsibility to ensure that at all times you comply with all laws in the jurisdiction that apply to your use of our services. If you live in a country where betting is prohibited you must not register with us or attempt to use the Website.
6.6 Should we determine that you are located in a jurisdiction to which Clauses 6.4 or 6.5 apply then we reserve the right to immediately suspend and/or close your Account without notice, to terminate this Agreement and/or to block your access to our Website or Services. We reserve the right to make such determination by using your IP address to access the Account.
6.7 You are responsible for complying with all laws applicable to your use of the Website and will not use them for illegal purposes. We may refuse any request for any Website access or the Service(s) without prior notice to any user for no reason. As a condition of your access and use of the Website and the Services you warrant to us that you have the right, authority and capacity to enter into and be bound by this Agreement.
6.8 You must not misuse the Website and/or Services by knowingly or negligently introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website and/or Services, the servers on which the Website or Services is stored or any server, computer or database connected to the Website or Services. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this you would commit a criminal offence. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity and other details relating to your Account with us to them. In the event of such a breach your right to use the Website and Services will cease immediately.
6.9 We have no obligation to monitor or moderate any user's activity or use of the Website, however we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or regulatory authority request, to ensure that the Services are properly used, that this Agreement is being complied with or to investigate a suspected breach of this Agreement.
6.10 Expressions used in the betting and gaming industry are numerous. Should you be in any doubt as to the meaning of any expression you should contact Boylesports Customer Services and you should not place any Bet on any event until its meaning is understood fully by you. We do not accept any responsibility or liability if you place a Bet via the Website or use any Services in circumstances where you do not understand any of the terms involved in or relating to the Bet or any Services.
6.11 As a condition of using the Website and/or Services you must open an Account with us. You agree that you will only maintain one Account with us for this purpose and you agree and acknowledge that any and all special offers are limited to one per person unless they clearly state otherwise. We reserve the right, at our discretion, to prevent you from receiving future offers/services or Services, or to place any restrictions on your Account.
6.12 You are responsible for ensuring that the correct banking/personal information is available on your Account with us. By submitting Card payment details to us you warrant that you are entitled to place the Bet or request our Services using such payment details. If we do not receive payment authorisation or if payment is not valid, cannot otherwise be processed or if any authorisation is subsequently cancelled or any check of your Card fails, we may reject your Bet and/or immediately terminate or suspend your Account. We reserve the right to conduct credit checks with third party credit and financial institutions in order to confirm any information that you have provided to us or to determine your ability to perform this Agreement.
6.13 You can choose which currency is most convenient for you to manage your Account in from the following list, which may be varied at our discretion from time to time:
US Dollar USD
Swedish Kroner SEK
Norwegian Kroner NOK
Czech Koruny CZK
Danish Kroner DKK
Polish Zloty PLN
The currency that you choose for the operation of you Account must be the same as the currency associated with your chosen payment mechanism.
7.1 Once your Account has been opened, you can make a deposit using your debit or credit card online. We accept all major debit and credit cards, and those accepted are indicated on the Website (each a "Card"). We reserve the right to change the Cards that we accept from time to time. Your Account may only have one active Card at any one time. If you wish to change or deactivate a Card you must have a zero balance by withdrawing any funds onto your existing Card and then proceed with any changes. If your existing Card has expired you may register the new Card's expiry date irrespective of your balance. We reserve the right to withhold funds if the Cardholder's name is different from the name on the Account or where we have sufficient reason to believe that the Card holder/user and Account holder is not one and the same person.
7.2 You can also choose to deposit by (i) bank wire (ii) bank draft or (iii) cheque. If you have chosen either of these deposit methods you will not be able to place Bets until the funds have cleared in our account. Bank Drafts and cheques should be made payable to Boylesports Isle of Man Limited and should have your username/Account number, name and address clearly written on the back. All bank drafts and cheques should be sent to:
C/o Customer Services,
Finnabair Industrial Estate,
Republic of Ireland.
7.3 You acknowledge that bank transfers may take up to five business days to arrive at our bank. Your Account will be credited as soon as our bank receives the bank transfer and we are notified.
7.4 You can also deposit money into your online Account through any of the Boylesports LBO's located throughout Ireland.
7.5 Moneybookers and Neteller are also accepted as deposit methods. In order to use Moneybookers or Neteller you must first register your details with them. Once this has been completed navigate to the "My Account" section within the Website and select Deposit Funds. From here you will see that you can select Moneybookers or Neteller as a deposit method and then follow the on-screen instructions.
7.6 You confirm that any payment information that you submit to us is correct and that you are an authorised signatory of the Card and bank account (where relevant) that you use in respect of the Website or Account. You are responsible for paying any transaction charge payable to a third party referable to the payment method that you use and this is not included in the amount of the Bet. If any queries subsequently arise in relation to any payment details that you submit to us you agree to provide us with any information that we reasonably request from you regarding the query.
7.7 Payments will be sent by us to you when you send us a request for a payment and are not issued automatically to you. We may prescribe the form of request and the details that you must provide to us when making a request for a payment from us.
7.8 We will generally choose to pay monies to you by crediting your Card and all payments made by us to you via Card must be to the same Card initially used by you and registered on your Account for deposits, but the method of payment to you shall be at our sole discretion. We may also choose to make a payment to you made by cheque addressed to you in accordance with your Account details or by bank wire, at our discretion. Boylesports will only transfer funds from your Account to a bank account in the same name as that registered to that Account.
7.9 The first withdrawal request that you ask us to make from your Account will be processed only after a security check has been completed by us. This can cause some delays in receiving your first withdrawal. At our discretion we may ask you to comply with our authorisation procedure before any payment are made to you and you agree to comply with this procedure. In such instances you will be required to supply the following:
I. A photocopy of both sides of your Card clearly showing your signature.
II. A faxed copy of your passport or driving licence.
III. A copy of your Card statement header showing your billing address.
IV. A completed Boylesports Customer Authorisation Statement (CAS).
We reserve the right to change our payment authorisation procedure from time to time.
7.10 In order to validate Account information we also reserve the right to request further information from you prior to any withdrawals that you request to be made from your Account. You agree that we can contact you using the contact details that you have provided to us for this purpose.
7.11 You acknowledge that withdrawals from your Account may take up to five to eight working days to process and that the security checks and authorisation procedures that we can ask you to carry out could delay transfers. You acknowledge that cheques can take up to three weeks to arrive depending on geographical location and the inter-bank arrangements. Boylesports accept no liability in relation to any delays related to the processing of withdrawals from your Account.
7.12 We reserve the right to reclaim from you any incorrectly transferred monies relating to incorrect settlement of Bets or to incorrect payments and by accepting these Terms you authorise Boylesports to withdraw such monies directly from your account into which the monies have been paid, to cancel cheques that you may have received or to direct that your Card be debited to the amount paid over. You agree to promptly provide us with assistance that we request in relation to any such payment made in error and to repay such amounts to us. Time shall be of the essence in relation to any payments which you must make to us for the purposes of this Agreement.
7.13 If any sum is mistakenly credited to your Account, you agree to inform us of the error; otherwise we reserve the right to cancel subsequently placed Bets on that Account. In such an event, we also reserve the right to make the appropriate adjustment to your account and to set-off any amounts owing to us. You agree to repay any monies paid to you in error immediately upon a demand from us. If we have not received payment within five days after the demand date from you, and without prejudice to any other our rights or remedies, interest shall accrue on such due amounts at the rate of 2% over the base lending rate of our bankers in Ireland from time to time, commencing on the due date and continuing until fully paid, whether before or after the judgment.
7.14 You agree not to make any charge-backs, reversals or otherwise cancel any deposits into your Account, and in any such event to immediately refund and compensate us for such unpaid deposits including any expenses incurred by us in the process of collecting your deposit. Without prejudice to any other rights or remedies that we may have we may suspend any activity on your Account, including the payment to you of any requested withdrawal, until such deposits and expenses are paid in full without any liability to you.
7.15 Your Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any deposit or banking insurance system or by any other similar insurance system. Any monies deposited with us in your Account shall not attract any interest. Monies deposited with us are held under a normal bank account in the name of the appropriate company and are not subject to special trust or fiduciary arrangements. As such, we do not provide particular protection for the monies deposited in your Account in the event of our insolvency or a similar event.
8.1 You are responsible for reporting any winnings and/or losses connected to your Account or your use of the Website or Services, if such reporting is required by your local law or tax or other authorities.
8.2 You are responsible for paying any tax which applicable law requires be paid in relation to the Account or the use of the Website or Services and for deducting these from your winnings (where applicable) except the relevant tax rate levied by the Isle of Man authorities which we currently absorb. In the event of introduction of any new taxes or levies we may choose not to pay this tax or levy for you, meaning that you would be liable for its payment. We are not responsible for any local taxes that may be payable by you whether on any Bets placed, on any winnings or otherwise related to your use of the Website or Services.
9.1 You are responsible for all Bets placed on your Account where the correct username/Account number and password have been used. You should not divulge your Account details to any other person.
9.2 You agree to pay us for the Bets placed with us in accordance with this agreement. You agree that (1) you are solely responsible for any Bet placed on your Account with us; and (2) you will not in any respect operate your Account in a misleading, deceptive or fraudulent way, and you will not collude with others to cheat, or to fix the outcome/result of any event/game in respect of which a Bet may be placed with us.
9.3 It is your responsibility to ensure any Bet is correct at the time of placement and that you have understood the odds and terms associated with any Bet, as once Bets have been accepted by our server they will not be cancelled by us. Bets placed through the Website will only be valid once a Bet placed receipt is displayed.
9.4 Bets on the Website may only be placed by you through your Account and we shall not accept wagers from you in any other form or by any other means in relation to the Services. Any winnings from using the Website or Services will be deposited into your Account, and subsequent Bets on the Website will be debited from your Account balance with us.
9.5 You can only Bet up to the amount held within your Account or allowed by your Card, bank or payment mechanism. In addition, you acknowledge that the minimum and maximum Bet per selection on the Website as part of the Services is determined exclusively by Boylesports at our discretion. You acknowledge that this may differ from parameters in Boylesports Licensed Betting Office (LBO's) or Boylesports Fon-A-Bet. Boylesports reserves the right to accept or decline the whole or part of any proposed Bet made on the Website.
9.6 Any queries that you have relating to a Bet that you made on the Website must be raised by you no later than six months after the last event in the Bet has been settled. We cannot guarantee that we will be able to respond to your query if it is not raised within this time.
10.1 We do not accept responsibility or liability for any mistakes in respect of the announcing, publishing or marking of prices, handicaps, place terms, Betting information or results despite our every effort to ensure accuracy. We reserve the right to correct such mistakes. If we do make a mistake then we will decide which of the following rules should apply:
10.1.1 when a Bet is placed by you via the Website on a market offered before an event has started we will settle the Bet at the correct price or terms available with Boylesports as if the mistake had not been made and we shall decide what that price or those terms for your Bet would have been; or
10.1.2 we reserve the right to correct any mistake made on a Bet placed in one of our "live betting" markets and settle at the correct price or terms at the time the Bet was struck as if the mistake had not been made and we shall decide what that price or those terms for your Bet would have been; or
10.1.3 we reserve the right to decide that the Bet is null and void and to refund the stake amount of your Bet to you via your Account.
11.1 We reserve the right to refuse payment on any Bet that we are unable to substantiate on our security records. We reserve the right to make void any Bet that we believe is not bona fide or which breaches any of our rules, or those of any sports governing body.
11.2 We reserve the right to refuse or limit any Bet(s) at our sole discretion for any reason whatsoever. In circumstances where a Bet is deemed to be or is declared void by us at our discretion, any sum deducted from your Account with respect to that Bet shall be credited to your Account. Bets shall only be valid if accepted by our server and Bets will be subject to this Agreement. Until acceptance, no communications from you shall be binding on us and all information displayed on this site constitutes an invitation to Bet or avail of the Services only. Should we determine to waive a rule in the interest of fair play to you, it shall only be for that instant and shall not set a precedent for the future.
11.3 Without restricting our ability to rely on other remedies that may be available to us, we will suspend or terminate your Account, withhold part or all of your balance in your Account, cancel or void any Bets placed by you at our absolute discretion if: (i) there is a technological failure; (ii) we suspect or know that you are engaging in illegal or fraudulent activity while using our Website; (iii) we suspect or know that you are or you have breached any provision of this Agreement; (iv) we suspect or know you are acting in a manner that is detrimental to the conduct of our business; (v) we suspect or know that you may be having difficulties obtaining credit, have become bankrupt or undergone analogous procedures anywhere in the world; (vi) where in our judgment, there is a manifest error in the terms of a Bet placed by you; (vii) we are required to do so by law; (viii) we believe or know that you have participated in criminal activity; or (iix) for the reasons set out in Clause 2.3.
11.4 We shall not be liable to you for any failure in a Bet being placed for any reason including, but not limited to, computer malfunctions, failure of telecommunications services or internet connections and failure of electrical power or environmental control systems.
11.5 If you suspect a person is cheating or colluding or undertaking a fraudulent activity you should contact our Customer Services Team and we will do our best to investigate the matter. However, we shall not be obliged to take any action in the case of any suspicion of collusion, cheating or fraudulent activity. We reserve the right to terminate the Account of any user suspected of collusive behaviour or undertaking a fraudulent activity. We will not be liable for any loss caused as a result of collusive, fraudulent or otherwise unlawful behaviour. In the case of suspected fraudulent payment, including use of stolen credit or debit cards, or any other fraudulent activity (including any charge-back or other reversal of a payment), we reserve the right to terminate your Account, reverse any pay-out made and recover any winnings. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, and we may employ collection services to recover payments.
12.1 With the exception of Betting In Running events (see Boylesports Betting Rules relating to "Betting In Running" for definitions); Bets are accepted up to the off-time of the event or a pre-determined time, whichever the earlier.
12.2 For some sporting events available on the Website we may, in our discretion, allow a grace period during which Bets will be accepted by us but even where we do this we reserve the right to void any or all Bets at any time (including after the event) should we think there has been a significant development in the event before the Bet was accepted. Without prejudice to the generality of the previous sentence, Boylesports reserves the right to determine that any Bet is null and void where we have accepted the Bet after the betting has closed, where the event was resolved or at a stage where you could have had any indication of the likely outcome of the event. We reserve the right to determine that any Bet or Bets is/are null and void where it/they is/are made by any group of people acting in liaison in an attempt to defraud us.
12.3 If, for any reason, a Bet is inadvertently accepted after the event or match has started and the event in question is covered by our live betting in running service (if this is the case then it will be marked as 'Live Betting') we have the option to apply the appropriate price on the relevant selection and accept the Bet or to determine that the Bet will be void.
12.4 In the event of there being a dispute over the time at which a Bet was placed by you then the time at which it was recorded by us on our transactional log will govern settlement.
13.1 You agree that we may, with or without cause, immediately terminate your Account, this Agreement and/or access to the Website and Services without prior notice at our sole discretion. Without limiting the generality of the foregoing, any of the following may lead, at our option, to a termination by us of your use of the Website and your Account (i) your breach of this Agreement; (ii) a request by law enforcement, Police or other government agencies relating to your Account or to you; (iii) a request by you (self-initiated Account termination), (iv) unexpected technical issues or problems; and (v) extended periods of inactivity.
13.2 We reserve the right to investigate and we will determine, in our discretion, whether there has been a breach of this Agreement through your use of the Website, Account or Services. When a breach of this Agreement has occurred, we may take such action as we deem appropriate. Failure to comply with this Agreement may result in our taking all or any of the following actions:
13.2.1 immediate, temporary or permanent withdrawal of your right to use the Website;
13.2.2 issue of a private warning to you;
13.2.3 commence legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
13.2.4 other legal action against you; and/or
13.2.5 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
13.3 You may terminate your Account in respect of this Website with immediate effect at any time by either contacting us by phone or sending us written notice of the termination of your participation on the particular Website and your request to close your Account. You agree that we may require information from you to validate any request to terminate your Account or this Agreement.
13.4 Unless you are required to do so by law (in which case you must provide us with details of such legal obligations) you shall not close your Account while open Bets remain. Should you attempt to close your Account and terminate this Agreement we will block the Account for future activity and will close the Account after the outstanding Bets have been settled.
14.1 You agree that we shall not be liable to you, nor to any third party, for any termination of your Account or your access to the Website or Services save as set out in this Clause 14.
14.2 Your sole remedy in the event of termination of your Account for any reason shall be the re-imbursement of any undisputed Account balance you may then have and we shall have no further liability to you whatsoever.
14.3 Upon any termination of this Agreement, whether by us or by you, you agree and acknowledge that (i) your rights to use the Website shall immediately terminate, (ii) you will no longer receive any correspondence from us regarding the Website (iii) you will cease any and all use of the Website, and (iv) you will remove any software provided to you or downloaded by you in respect of the Website from your computer, hard drives, networks and other storage material. If requested by us in writing, you will confirm to us in writing that you have complied with (iii) and (iv) of this Clause.
You must tell us immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Website, Account or Services. Without prejudice to any other rights or remedies that we might have you will, at our request, immediately stop the act complained of and, if we ask you to, you must confirm the details of the claim in writing and provide whatever additional information that we request from you. If you fail to stop the act or acts complained of we reserve the right to take any and all appropriate action against you under the terms of the Agreement.
16.1 You acknowledge that we are the owner or the licensee of all IP Rights in our Website and Services. All such rights are reserved and you acknowledge that the Website and Services are protected IP Rights. Under no circumstances shall your use of the Website or Services grant to you any interest in any IP Rights owned by us or by any third party whatsoever. You agree that your right to use the IP Rights in the Website for the purposes of availing of the Services and placing Bets is limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable and strictly conditional on compliance with these Terms.
16.2 . You may not modify, reproduce, distribute, publish create derivative works of, publicly display or in any way exploit, any of the Content, software, and/or materials available on the Website in whole or in part except as expressly provided. Except as expressly and unambiguously provided in this agreement, we and our licensor(s) do not grant you any express or implied rights, and all rights in the Website or Services not expressly granted by us to you are retained by us.
16.3 We are the proprietor of the Community trade marks BOYLESPORTS.COM (004782447 & 002484392). All product names mentioned on our Website are the trade marks of their respective owners, and other trade marks may be displayed on our Website from time to time. Some material on our Website may contain other information containing IP Rights of a third party. Nothing displayed on our Website should be construed as granting you any licence or right of use of any logo, information or trade mark displayed on it, without the express written permission of the relevant owner, save as expressly provided in this Agreement.
16.4 You may print off one copy, and may download extracts, of any page(s) from the Website for your own personal and non-commercial reference.
16.5 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, or any graphics separately from any accompanying text.
16.6 If you print off, copy or download any part of the Website in breach of this Agreement, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials that you have made.
17.1 The Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude:
17.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
17.1.2 any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the Website, Services or Account or in connection with the use, inability to use, or results of the use of the Website, Services or Account, any websites linked to them and any materials posted on them, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
17.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable commercial control (a "Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable commercial control and includes in particular (without limitation) the following:
17.2.1 Strikes, lock-outs or other industrial action.
17.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
17.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
17.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.2.5 Impossibility of the use of public or private telecommunications networks.
17.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under this Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable commercial endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under this Agreement may be performed despite the Force Majeure Event.
17.4 This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
17.5 Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content contained in the Website, Services or Account or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Website, Services or Account. Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed by you; we disclaim all liability and responsibility arising from any reliance placed on such materials by you, or by anyone who you may inform of any of its Content. We aim to update our Website regularly, and may change the Content at any time.
17.6 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful or that impairs computer programs or that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website, Account or Services or to your downloading of any material posted on the Website, or on any website linked to it.
17.7 We do not guarantee the security of the Website, Account or Services or any systems connected with the Website (including the internet and your hardware and software), used in accessing the Services or any information passed through such systems. We do not guarantee access to the Website, Account or Services or any systems used in accessing our Services will be continuous, uninterrupted or virus or error free.
17.8 We do not guarantee that the software used in accessing the Website or Services is of satisfactory quality or fit for any particular purpose, nor do we warrant that the software or systems used in accessing the Website or Software will not infringe the rights of any third party, including any IP Rights.
17.9 You agree that we are not responsible for how the Website, Account or Services is used by you and that such use is not within our control. Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the Website shall create any warranty not expressly stated in this Agreement.
17.10 You acknowledge that it is impossible to ensure that the operation of computer software is free of defects, functional failure and/or errors. If you become aware that the Software contains any error, is defective or is not functioning in accordance with its description then you shall promptly notify us and shall provide us with details of the issue with the Software that you have perceived. We can be contacted by email email@example.com or freephone ROI Customer Care on 1800 22 00 66, UK 0800 22 00 66 or International +35342 93 93 168. You undertake to refrain from taking any advantage whatsoever of any defect, functional failure or error in the Software. We reserve the right to recover any advantage that you do gain from any defect, functional failure or error in the Software, whether or not you were aware of the advantage at the time of using the Software, as well as all associated costs, damages and expenses in making such recovery.
You agree to indemnify and hold us, our holding company, subsidiaries, officers, directors, shareholders and employees, harmless, including costs and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Website, (ii) the violation of this Agreement by you, or (iii) the infringement by you, or any third party using your Account or user identification name or password, of any IP Rights or other right of any person or entity.
19.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, sponsorship or endorsement on our part without our express written permission. You must not establish a link from any website that is not owned by you. You must not establish a link to or from any third party online gaming products websites or otherwise promote any third party gaming software products in connection with our Website.
19.2 We reserve the right to withdraw linking permission without notice. Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page. If you wish to make any use of material on our Website other than in the manner that is set out above, please address your request to firstname.lastname@example.org .
19.3 Where our Website contains links to other websites and resources provided by our partners or other third parties, these links are provided for your information only and we do not make any representations regarding the content of accuracy of materials on such third party websites. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you link to any such websites you leave our Website and do so entirely at your own risk.
20.1 You agree that the live linear audio-visual coverage and related audio commentary distributed via broadband internet streaming made available on www.boylesports.com , part of the Website from time to time of horse races taking place in the United Kingdom (the "Footage") is owned by Racing UK Limited ("Racing UK"), is licensed to The Betting Site Limited ("TBS") and in turn is licensed to us. Any data relating to horseracing including "pre-race data", "race-day" or "on-course" data, which at the date of this Agreement, is commonly collated and distributed by or on behalf of the British Horseracing Board Limited (or such other licensor of such data from time to time) which shall be taken to include information available on the day of a horse race such as betting shows, staring prices, results, objections, scratchings, jockey changes, going and related information (the "Race Data") is also licensed to us by TBS. Racing UK shall remain the exclusive legal and beneficial owner of all IP Rights in the Footage in perpetuity. All rights not explicitly granted in the Footage or the Race Data in this Agreement are reserved by Racing UK, TBS and us.
20.2 You may view the Footage once on a personal computer screen for personal, private, domestic, non-commercial uses only in accordance with Clause
20 and only in England, Scotland, Wales, Northern Ireland, the Channel Islands, the Isle of Man and the Republic of Ireland. You agree and acknowledge that we or TBS may use geo-blocking technology to prevent access to any Footage from an IP address which we or TBS considers to be outside of any of these Territories for any reason.
20.3 You agree and acknowledge that your right to view Footage is conditional on you having placed a Bet in respect of the event to which the particular Footage relates and you agree that you will not endeavour to circumvent this condition or avoid its application by any means.
20.4 You shall not:
20.4.1 make the Footage or Race Data available to anyone else nor use or view the Footage or Race Data other than as expressly permitted by this Clause 20;
20.4.2 copy, distribute, relay, broadcast, or communicate the Footage or Race Data to any other person (including to the public) or otherwise exploit or deal with or make any Footage or Race Data available on the Website other than that permitted under this Clause 20;
20.4.3 include any portion of the Footage or Race Data in any equipment or item save as specifically permitted under Clause 20 or develop any improvement or derivative works of any part or all of the Footage or Race Data;
20.4.4 edit, copy, amend, distort, modify, distribute, reformat, disassemble delay, store, adapt or repeat the Footage, Race Data and/or its transmission or otherwise do anything that is contrary to any of the moral rights or other rights of the owner of the IP Rights in the Footage or Race Data;
20.4.5 remove any product identification (including but not limited to screen icons), legend or notice, or any proprietary or copyright notice from any part of the Footage or Race Data;
20.4.6 represent or claim that you own any part or all of the Footage or otherwise do anything that is inconsistent with our, TBS' and/or Racing UK's rights in the Footage or Race Data;
20.4.7 store or transmit any Footage or Race Data to any publication, user group, other website, electronic bulletin board, mailing list, server or other storage device in any form including your mobile telephone;
20.4.8 sell or commercially exploit any part or all of the Footage or Race Data in any way.
20.5 You agree and acknowledge that each of or all of Racing UK, TBS and Trinity Mirror PLC and any of their or the Boylesports Group companies may enforce any provision of these terms and conditions against you in the name of Boylesports Isle of Man Limited or in their own right pursuant to Clause 33.
20.6 You agree and acknowledge that we, Racing UK, TBS and Trinity Mirror PLC and any of their or the Boylesports Group companies shall have no liability for your inability to view the Footage on any equipment, item, hardware or software. You agree and acknowledge that while we shall endeavour to procure that TBS shall use reasonable endeavours to ensure that the Footage and Race Data do not contain or constitute any material or any nature that is unlawful under any applicable laws or regulations and/or which is in breach of any third party rights (including IP Rights) and/ or any which consists of any virus, worm, Trojan horse, software lock, "drop dead" device, trap door, time bomb or other contaminant or material that has the ability to access and modify delete, disrupt or damage any data files or other computer programs, software or hardware or any material that provides access too any such contaminants or materials.
20.7 You agree and acknowledge that, as a condition of accessing the Footage and Race Data, you re required to be legally and contractually bound by this Agreement.
21.1 You agree and acknowledge that live or recorded audio-visual coverage of racing from races run at UK and Irish racecourse by Attheraces Limited may be made available on the Website from time to time by us ("Live Streaming"). You agree that we can notify Attheraces Limited in the event of any breach of your obligations in relation to this Agreement, at our discretion, including your infringement of any IP Rights in the Live Streaming.
The software used on the Website includes non-public and confidential information, which is secret and valuable to us. You agree, as long as you use the Website and thereafter, to (i) keep all such confidential information strictly confidential, (ii) not to disclose such confidential information to any third party, and (iii) not to use such confidential information for any purpose other than as expressly contemplated by this Agreement. You further agree to take all reasonable steps at all times to protect and keep secret such confidential information.
23.1 In the course of providing you services and in respect of your use of the Website, we may need to communicate with you via email or the other details that you have submitted to us. You agree to receive emails which are specific to your Account and necessary for the normal functioning of the Website, including emails which help inform users about functionality of the Website. You agree that we may communicate with you regarding the Website by any electronic means whatsoever to your telephone or mobile device.
23.2 All notices given by you to Boylesports must be given to Boylesports at either email@example.com or by post to the following address:
C/o Boylesports Customer Services,
Finnabair Industrial Estate,
Republic of Ireland.
The courts of England will have exclusive jurisdiction over any claim arising from, or related to, a visit to or use of our Website and/or Services although we retain the right to bring proceedings against you for breach of this Agreement in your country of residence or any other relevant country. This Agreement is governed by the laws of England. The rights and remedies contained in this Agreement are cumulative and not exclusive of rights or remedies provided by law.
In the event that any clause or any part of any clause in this Agreement is declared invalid or unenforceable, by the judgment or decree by consent or otherwise of a court of competent jurisdiction from whose decision no appeal is or can be taken, all other provisions contained in this agreement shall remain in full force and effect and shall not be affected by such finding for the term of this Agreement
26.1 The original text of this Agreement is in English and any interpretation of it will be based on the original English text. If this Agreement or any documents or notices related to them are translated into any other language, the original English version will prevail.
26.2 In the event that there is any conflict or inconsistency between the terms and conditions of this Agreement with us the order of precedence shall be as follows:
26.2.1 first, the Terms;
26.2.3 third, the Boylesports Betting Rules.
27.1 We have the right to revise and amend these Terms from time to time (for reasons including but not limited to changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems' capabilities).
27.2 We may revise this Agreement at any time by amending the pages upon which they appear on our Website without giving notice of such modifications. Such modifications become effective immediately upon posting of the modified terms on the Website. You agree to review the Agreement periodically so that you are aware of any modifications. Your continued use of the Website after any modifications indicates your acceptance of the modified Agreement. You agree to be bound by such modifications regardless of whether or not you have had actual notice of, or have read, the relevant modifications. If you do not agree to be bound by the modifications, you should not continue to use the Website any further.
A failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of that right or remedy or the exercise of another right or remedy. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the notice provisions above.
29.1 We may assign or subcontract any or all of our rights and obligations of our Agreement with you to a third party at any time, at our discretion. You may not, without our prior written consent, assign or dispose of any of your rights or obligations arising under this Agreement.
29.2 This Agreement contains the entire agreement and understanding between the parties relating to the Website and supersedes any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either you or us.
Nothing in this agreement in relation to our online services shall create or be deemed to create a partnership; joint venture or principal-agent relationship between the parties and neither party shall have authority to bind the other in any way unless expressly provided otherwise in this agreement in relation to our online services.
31.1 We strongly support responsible gambling. The excitement of betting should not work against you. We want all of our customers to bet with responsibility and within their means.
31.2 At any time you can use your Account to set limits on your gambling activity on the Website. Simply log-on using your unique username and password, select "My Account" and then "Responsible Gambling" and set your limits as per the options illustrated below.
31.2.1 Complete Exclusion. You may request us to refuse you the ability to use your Account in relation the Website to place any amount of money as a Bet from your Account on a gambling transaction. If you do this we will refund any balance on your Account to your nominated bank account or Card. After receiving and processing your notice you agree that we may reject any Bet that you attempt to make, treat it as void, suspend your Account, close your Account and/or place you on a blacklist of individuals who we may refuse to allow or operate accounts with us.
31.3 You may opt to contact us by phone, in writing or by emailing us at firstname.lastname@example.org and request us to set limits on your gambling activity as per the options illustrated below.
31.3.1 Complete Exclusion. You may request us to refuse you the ability to use your Account in relation to the Website to place any amount of money as a Bet from your Account on a gambling transaction. If you do this we will refund any balance on your Account to your nominated bank account or Card. After receiving and processing your notice we may reject any Bet that you attempt to make, treat it as void, suspend your Account, close your Account and/or place you on a blacklist of individuals who we may refuse to allow or operate an account with us.
31.3.2 Deposit Limits. You may request us to regulate your deposit limits on the Website to a level that suits your requirements on the Website; we will endeavour to follow your instructions.
31.4 We reserve the right to exclude you from the Website at any time.
31.5 You acknowledge and agree that if you exercise your rights under this Clause 31 in regulating your use of the Website then this may also affect your ability to place Bets on other Boylesports Group websites.
32.1 Should you have any concern over a Bet, claim, a complaint or a dispute related to this Agreement (a "Query") please contact our Customer Service department, which will endeavour to settle your query. Please contact Customer Service (Finnabair Industrial Estate, Dundalk, Co. Louth) or email email@example.com enclosing full details of your Query, or freephone* ROI Customer Care on 1800 22 00 66, UK 0800 22 00 66 or International +35342 93 93 168. We will use reasonable endeavours to ensure that your Query will receive our immediate attention.
32.2 If you feel that you have been unfairly treated your Query having gone through the process set out in Clause 32.1 then details of your Query should be submitted by you in writing, prior to taking any other steps, to Independent Betting Adjudication Service (a UK adjudication service supported by SIS) ("IBAS"). If you wish to contact IBAS, email: firstname.lastname@example.org or write to: IBAS, PO Box 62639, London, EC3P 3AS. We agree to be bound by any decision reached by the IBAS, so long as the full facts have been submitted by you and Boylesports Isle of Man Limited.
32.3 You have the right to write to the Isle of Man Gambling Supervision Commission which will deal with relevant enquiries. If you wish to contact Gambling Supervision Commission please email: email@example.com .
33.1 Save for any member of the Boylesports Group or any third party referred to in these Terms, a person who is not a party to this agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999 but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
33.2 The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement is not subject to the consent of any person that is not a party to this agreement.
The following terms shall have the following meanings when used in this Agreement:
"Account" means an account opened by you to be used to manage the payment of funds to and from us in relation to your use of the Website and Services which we agree that you may open and operate.
"Bet" means a bet, wager or stake placed via the Website on the outcome of any event and/or market referred to on the Website.
"Boylesports Betting Rules" the directions and rules made available by us on the Website from time to time and any directions and rules which we may send to you or inform you of that relate to the Website or Services.
"Boylesports Customer Authorisation Statement" or "CAS" a statement in the form determined by us from time to time, which you may be asked to complete initially for the purposes of making a withdrawal from the Account.
"Boylesports Group" means any subsidiary or holding company of Boylesports Holdings and a "subsidiary shall mean a subsidiary for the purposes of s.155 of the Companies Act 1963;
"Content" all text, information, data, software, executable code, images, audio or video material in whatever medium or form made available by us on the Website, and includes the Footage, Race Data and Live Streaming.
"IP Rights" patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, trade names and domain names, rights to goodwill or to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
"Services" means placing Bets on the Website and any related play via the Website made available by us from time to time.
"Software" means any computer program downloaded by you from the Website made available by us from time to time.
"Website" the domain names Boylesports.com ( http://www.boylesports.com ) and/or www.boylesports.com/mobile , including all pages with these domain names and all computer programs used to run or that are accessible on these domain names and all material and data made available at these domain names, including, but not limited to, text, photographs, graphics, video and audio content.
Thank you for visiting our Website.
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