Betmclean Terms
Betmclean Terms
Betmclean Terms
RESPONSIBLE GAMBLING
1. We strongly support responsible gambling. The excitement of betting
should not work against You. We want every Customer to Bet with
responsibility and within their means.
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.
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. When You are self-excluded for
all Our products, You will not be able to make any deposits until self-
exclusion expires.
2.2 Deposit Limits. You may self-regulate Your Account deposit limits on
the Website by accessing the "Responsible Gambling" section under the
Website's "My Account" section when logged into the Website or by
contacting Us at Support. Using this facility You moderate Your Account
deposit activity to a level that suits Your requirements on the Website.
3. You may opt to contact Us by phone, in writing or at Support and request
Us to set limits on Your gambling activity.
4. In addition, You may self-regulate Your gaming limits on the Service by
accessing the Responsible Gambling section when logged into the Website.
Using this facility You moderate Your activity to a level that suits Your
requirements on the Website.
5. We reserve the right to exclude You from the Website at any time.
6. You acknowledge and agree that if You exercise Your rights in regulating
Your use of the Website then this may also affect Your ability to place
Bets on other Betmclean Group websites.
7. Your self-exclusion involves a joint commitment from Us and you. We will
take reasonable steps to prevent You re-opening Your account or opening new
accounts. However, during the period of Your exclusion, You must not
attempt to re-open Your account or to try and open new accounts.
8. Having implemented reasonable checks and safeguards to ensure that
whilst You are self-excluded You cannot open an account We cannot be held
liable to You or any third party if You are able to continue to use the
Website or any Service provided by the Company.
9. Accounts that have been self-excluded are unable to be reactivated under
any circumstances until the expiry of the self-excluded period. At the end
of the period, You may recommence using the Service by phoning Our Customer
Service Team (email is not accepted) after a 24 hour waiting period has
lapsed.
2. Other Considerations
2.1 We reserve the right to refuse the whole or part of any Service offered
by You or to reject any application from You to open an Account without
offering You any explanation. At any time Betmclean 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 Betmclean.com.
2.2 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.
2.3 Once logged into the Website You can view Your Account statement by
selecting the "My Account" and "Account History". Here You will be able to
search for previous Bets made on Your account as well as deposits and
withdrawal transaction. At any point, You may request a full account
statement from the Betmclean Customer Service and this will be facilitated
by post and/or email.
2.4 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.
2.5 We may take the decision to close account/s, standardise account
status, make void the activity on duplicate account/s and/or reclaim any
illegitimately paid bonuses or payouts where the following has occurred:
2.5.1 Our verification process identifies additional accounts opened by You
through Us or any of Betmclean Business to Business (B2B) partner(s);
2.5.2 Our Service to You has previously been permanently terminated by Us
or any of Betmclean Business to Business (B2B) partner(s); or
2.5.3 Your activity and gameplay attempts to bypass Our system controls on
Bet placement, bonus qualification or stake limits.
Deliberate attempts to falsify account details may lead to closure of ALL
related accounts.
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 Betmclean Group companies on Your behalf should You decide to use
the Website and/or Services of any Betmclean Group companies including, but
not limited to, for the purposes of managing the Account that You have with
Us and its use with regards to a Betmclean Group company's Website and/or
Services.
3. Account Details
3.1 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. We have the right to disable, suspend or restrict any 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.
3.2 You shall be responsible for maintaining the confidentiality of Your
password and are fully responsible for all activities that occur under Your
username/account number and password. Any User identification name/number
and password chosen or provided to You for Your access to the Website
and/or Services shall be for Your personal use only and is non-
transferable.
3.3 You agree to (a) immediately notify Us of any unauthorised use of Your
username 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 these requirements.
3.4 If You forget or lose Your password or account information please
contact Us immediately. We will endeavour to suspend the account once
informed of lost account details, but You remain solely responsible for any
Bets placed on an account prior to Our suspending an 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.
3.5 You are solely responsible for the security of Your account balance and
the security of the device through which You access the Website and/or
Service, including mobile platform content. Betmclean accepts no
responsibility and has no liability whatsoever for any activity on Your
account or the device used to access said account. Betmclean strongly
recommends that You use Your own desktop, mobile or tablet device for
transacting on the Website and do not share Your devices with anyone.
3.6 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.
3.7 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 Service 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 or Service 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.
3.8 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:
Pound Sterling GBP
Euro EUR
US Dollar USD
Swedish Kroner SEK
Norwegian Kroner NOK
The currency that You choose for the operation of Your Account must be the
same as the currency associated with Your chosen payment mechanism.
4. Personal Details
4.1 We will comply with applicable data protection laws (including, in the
UK, the Data Protection Act 1998 and, in Gibraltar, the Data Protection Act
2004) in respect of the personal information You supply to us. Your
personal information is processed in accordance with Our Privacy Policy.
6. Dormant Accounts
6.1 An account is deemed to be "dormant" during any period in which none of
the following actions take place in relation to it: (i) a successful
deposit; (ii) a sports or financial Bet is placed; or (iii) participation
in any casino, poker, games, skill or bingo product.
6.2 Should Your account become dormant, through lack of use, We will
continue to contact opted-in accounts with promotional messages until such
time as You instruct Us to stop. However We will also contact all account
holders periodically to advise of any account balance.
6.3 Please note that after a period of no less than 24 consecutive months
of account inactivity We reserve the right to close dormant accounts and to
remove any funds.
6.4 No funds will be deducted from Your account prior to Us having made
reasonable efforts to contact You via the contact details provided by you.
6.5 Funds in Your account shall not entitle You to interest.
6.6 Any account balance may also be used to finance the Company's costs
incurred by the fraudulent activity, such as chargebacks on associated
accounts.
6.7 You can ‘reactivate’ Your account by: (i) making a successful deposit;
(ii) placing a sports or financials bet; or (iii) playing/taking part in
any casino, poker, games, skill or bingo product.
YOUR FINANCES
1. Deposits and Wagers
1.1 Once Your Account has been opened, You can make a deposit. By
depositing funds into Your account, You direct Us and We agree to hold
them, along with any winnings, for the sole and specific purpose of using
them (i) to place Your sporting and gaming bets; and (ii) settling any fees
or charges that You might incur in connection with the use of Our services
(the "Purpose"). We shall be entitled to suspend or close Your account if
We reasonably consider or have reason to believe that You are depositing
funds without any intention to place sporting and/or gaming bets. In such
circumstances We may also report this to relevant authorities.
1.2 SGS is required by our Great British Gambling Commission licence to
inform customers about what happens to funds which we hold on account for
you, and the extent to which funds are protected in the event of
insolvency. For further information on the Gambling Commission's approach
and requirements concerning the protection of customer funds, please take
the time to visit the following webpage at which full details can be
found:www.gamblingcommission.gov.uk/consumers/protection_of_customer_funds.
aspx. SGS holds customer funds separate from company funds in separate bank
accounts which we hold with our banking suppliers. These funds are not
protected in the event of insolvency. This meets the Gambling Commission's
requirements for the segregation of customer funds at the level: basic
segregation.
1.3 You agree that We shall be entitled to retain any interest which might
accrue on monies held in Your Betmclean account.
1.4 No credit will be offered by any company employee, and all Bets must be
supported by sufficient cleared funds in the Customer account. We reserve
the right to void any Bet which may have inadvertently been accepted when
the account did not have sufficient cleared funds to cover the bet.
1.5 Once a currency is selected, funds are deposited, wagered and winnings
paid in that currency. If You wish to change the currency used, please
contact Us.
1.6 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.
1.7 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 Betmclean 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:
Betmclean
C/o Customer Services,
402 Lisburn Road
Belfast
BT9 6GN
1.8 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.
1.9 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.
1.10 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 that account.
1.11 Please note that cardholder details and any other sensitive data
should never be sent to Us by unencrypted email.
1.12 You confirm that any payment information that You submit to Us is
correct and that You are an authorised signatory of the debit card, credit
card or bank account that You use in respect of the Website and/or Service,
as the case may be. 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 You agree to
provide Us with any information that We reasonably request from You
regarding the query.
2. Withdrawals
2.1 Withdrawal payments can only be made in the name of and to the
registered account holder.
2.2 If the value of a deposit is not played through in full before a
withdrawal is requested, We reserve the right to make a charge to the
customer’s account to cover all reasonable costs relating to both the
deposit and withdrawal. If necessary, the value of the withdrawal requested
may be reduced accordingly.
2.3 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.
2.4 Where a card was used to make the initial deposit, all payments made to
a Customer as part of a withdrawal of funds will be made to the same Debit
or Credit card used to deposit monies with the Website. In the event of
this not being possible, payments will be made by cheque, bank transfer or
cash in accordance with the personal details stored in the customer's
account.
2.5 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 payments are made to You and You agree to comply with this procedure.
In such instances You will be required to supply the following:
A photocopy of both sides of Your Card clearly showing Your signature.
A faxed copy of Your passport or driving licence.
A copy of Your Card statement header showing Your billing address.
A completed Betmclean Customer Authorisation Statement (CAS).
We reserve the right to change Our payment authorisation procedure from
time to time.
2.6 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.
2.7 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.
Betmclean accept no liability in relation to any delays related to the
processing of withdrawals from Your Account.
2.8 If, as a Betmclean Casino account holder, You are withdrawing €3,000 or
more (or currency equivalent) in a 90 day period for use in respect of the
Betmclean Casino Services from Your account by any withdrawal method, We
may ask You to provide Us with paper copies of an internationally
recognised photo ID (passport, driving licence), a utility bill, proof of
identity, residence and/or age, and/or a bank or credit card statement
relating to Your payment details that are registered with Us to (1) verify
the address of Your card; (2) to confirm details that You have provided to
Us in relation to Your account or Your eligibility to win or place a bet.
2.9 A verified Betmclean Casino account holder may make a withdrawal from
an account up to €50,000 (or currency equivalent) in a 24 hour period. If a
verified Betmclean Casino account holder wishes to withdraw more that
€50,000 (or currency equivalent) they will be required to contact Our
Customer Services Team, and We may exercise Our rights to request further
information prior to any withdrawal.
3. Other
3.1 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 Betmclean 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.
3.2 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.
3.3 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.
3.4 Internet gambling may be illegal in the jurisdiction in which You are
located. If so, You are not authorised to use Your payment card to complete
the transaction. However, any Bets accepted from such jurisdictions will
stand - win or lose.
3.5 Your account should not be used as a banking facility and deposits
should only be made with a view to using the Website and/or Service (the
"authorised purpose"). You are not entitled to use this Service for any
purpose other than the authorised purpose (including currency hedging,
speculative trading or any other currency trading). If We consider that You
are using the Website and/or Service for any reason other than the
authorised purpose, You will be liable to have Your account suspended and
the circumstances investigated and You shall (a) be liable for any and all
claims incurred arising therefrom; and (b) indemnify Us on demand for such
claims. This may result in a report to the necessary authorities or the
account being closed.
3.6 In addition, We shall be entitled to withhold and/or retain any and all
amounts earned or received by You as a result of or in connection with Your
‘unauthorised’ use of the Website including activities which are not for an
authorised purpose.
3.7 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.
3.8 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 Service and
for deducting these from Your winnings (where applicable) except the
relevant tax rate levied by the Gibraltar 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/wagers placed, on any winnings or
otherwise related to Your use of the Website or Service.
3.9 SGS, the Regulator or all relevant Authority can review all
transactions to detect money laundering. All suspicious transaction found
out by SGS will be reported to the relevant Authorities. SGS may apply a
charge for Anti Money Laundering investigation in the case that requested
information, documentation and/or Know Your Customer verification documents
are not supplied.
BETTING PROCEDURES
1. Placing Bets
1.1 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 (see section C, point 3.2
above). All Bets are placed at Your own risk and discretion.
1.2 Wagers on the Website may only be placed through Your personal account
which You have with Us in connection with the Website made online
(including via mobile device or downloadable applications on a mobile
device) or by telephone. We shall not accept wagers from You in any other
form or by any other means and where received will be invalid and void -
win or lose. Any winnings from using the Service will be deposited into
Your account, and subsequent Bets on the Website will be debited from Your
account balance with us.
1.3 It is Your responsibility to ensure any Bet is correct at the time of
placement and that You have understood the rules, odds and terms associated
with any bet, as once Bets have been accepted by Our server they will not
be cancelled or changed. Bets placed through the Website will only be valid
once a Bet placed receipt is displayed.
1.4 Your funds will be allocated to Bets in the order they are placed and
will not be available for any other use. Betmclean reserves the right to
void and/or reverse any transactions made after a Bet has been placed
involving allocated funds, either at the time or retrospectively.
1.5 You agree to pay 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, where the correct username/account number and
password have been used (whether or not authorised by you); and (2) You
will not in any respect operate Your account in a misleading, deceptive or
fraudulent way, neither 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.
1.6 For Betmclean Games Services, any incomplete game shall be made void
with the Bet being returned to the Customer by Betmclean.
1.7 For Bets placed by telephone, You are responsible for all transactions
where Your name and account number or name and username are correctly
quoted (whether or not authorised by you). If You nominate another person
as an authorised User of Your account, You shall be responsible for all
transactions such person makes using the relevant account details. Should
You lose Your account details or feel that someone else may have Your
account details, please contact Us.
1.8 You can only Bet up to the amount of cleared funds held in 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 Service is determined exclusively by Betmclean at Our
discretion Betmclean reserves the right to accept or decline the whole or
part of any proposed Bet made on the Website.
1.9 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.
2. Bet Confirmation
2.1 Bets will not be valid if there are insufficient funds in Your account.
2.2 For telephone Bets 'acceptance confirmed' will be deemed only after an
operator has completed a recap of the Bet details and confirmed to the
Customer that the Bet has been successfully processed and accepted.
2.3 A Bet that You request will only be valid once accepted by Betmclean’s
servers. Each valid Bet will receive a unique transaction code. We shall
not be liable for the settlement of any Bets which are not issued with a
unique transaction code. If You are unsure about the validity of a bet,
please check Your account history, or contact Us.
2.4 Notwithstanding the above, if Bets are placed via a credit or debit
card they are not valid until We have received payment in full. The Bet
will be automatically void if We have not received the payment prior to the
relevant event commencing.
2.5 Should a dispute arise, You and Betmclean agree that the Betmclean
security records will be the ultimate authority in such matters.
3. Offers
3.1 All Customer offers are limited to one per person, family, household
address, email address, IP address, telephone number, same payment account
number (e.g. debit or credit card), linked NETeller or Skrill accounts,
mobile device (e.g. mobile or tablet), application download or shared
computer (e.g. public library or workplace).
3.2 Where any term of the offer or promotion is breached or there is any
evidence of a series of Bets placed by a Customer or group of customers
(e.g. where common betting patterns across the same fixture/markets have
been identified across accounts), which due to a deposit bonus, enhanced
payments, free and risk free bets, or any other promotional offer results
in guaranteed Customer profits irrespective of the outcome, whether
individually or as part of a group, Betmclean reserves the right to reclaim
the bonus element of such offers and in Betmclean’s absolute discretion
settle Bets at the correct odds, void the free and risk free Bets or void
any Bet funded by the deposit bonus. In addition, Betmclean reserves the
right to levy an administration charge on the Customer up to the value of
the deposit bonus, free and risk free Bet or additional payment to cover
administrative costs. Betmclean further reserves the right to ask any
Customer to provide sufficient documentation for Betmclean to be satisfied
in its absolute discretion as to the customer’s identity prior to Betmclean
crediting any bonus, free and risk free Bet or offer to the customer’s
account.
3.3 Any Bets placed containing selections at odds of less than 1/2 will not
count towards any rollover requirement. All Betmclean offers are intended
for recreational players and Betmclean may in its sole discretion limit the
eligibility of customers to participate in all or part of any promotion.
3.4 Betmclean reserves the right to withdraw the availability of any offer
or all offers to any Customer or group of customers at any time and at
Betmclean’s sole and absolute discretion. Offers only apply to customers
who have made an actual/real money deposit with Betmclean.
3.5 Betmclean reserves the right to amend the Terms of or cancel any
Customer offer or promotion at any time.
6. Late Bets
6.1 With the exception of Betting In Running events (see Betmclean 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.
6.2 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, Betmclean 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.
6.3 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.
6.4 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.
OTHERS
1. Casino Games
1.1 It is Your responsibility to read and understand the rules of each
Casino Game, including any terms and conditions attached to such use
("Casino Game Rules").
1.2 Your acceptance of and compliance with the Casino Game Rules attaching
to each Casino Game at the time that You play the Casino Game shall be a
condition of You being entitled to play the Game. The Casino Game Rules
form part of this Agreement. You can access each Casino Game's Game Rules
by clicking on Options, then Help once a Casino Game has loaded in the
Betmclean Casino Services and on Help once a Casino Game has loaded in the
Betmclean Services.
1.3 You fully accept and agree that the random number generator software
will determine all the outcomes of any Casino Games.
2. Live Racing Footage and Race Data
2.1 You agree 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. You also agree that live linear
audio-visual coverage, related audio commentary and related Race Data (the
"Race Data") for horse races taking place in North American racetracks (the
"US Footage") is owned by the Host Tracks ("Host Tracks"), is licensed to
TSG Global Wagering Solutions LLC ("GWS"), is licensed to XXXX and in turn
is licensed to us. The "UK Footage" and the "US Footage" are collectively
"The Footage". Racing UK and Host Tracks shall remain the exclusive legal
and beneficial owner of all IP Rights in the respective Footage in
perpetuity. All rights not explicitly granted in the Footage or the Race
Data in this Agreement are reserved by Racing UK, TBS, Host Tracks, GWS,
and us.
2.2 You may view the Footage once on a personal computer screen for
personal, private, domestic, non-commercial uses only in accordance with
Clause F.4. UK Footage can only be viewed 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. US
Footage can be viewed worldwide except United States of America, Canada and
countries from which We do not accept Bets or play. You agree and
acknowledge that We or GWS may use geo-blocking technology to prevent
access to any Footage from an IP address which We or GWS considers to be
inside of any of these Territories for any reason or in any Territory where
such view would either not be in compliance with applicable laws or would
otherwise be unlawful.
2.3 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.
2.4 You shall not:
2.4.1 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 F.4;
2.4.2 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 F.4;
2.4.3 Include any portion of the Footage or Race Data in any equipment or
item save as specifically permitted under Clause F.4 or develop any
improvement or derivative works of any part or all of the Footage or Race
Data;
2.4.4 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;
2.4.5 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;
2.4.6 Represent or claim that You own any part or all of the Footage or
otherwise do anything that is inconsistent with our XXXX, TBS', Racing UK',
Host Tracks' and/or GWS’s rights in the Footage or Race Data;
2.4.7 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;
2.4.8 Sell or commercially exploit any part or all of the Footage or Race
Data in any way.
2.5 You agree and acknowledge that each of or all of Racing UK, TBS and
Trinity Mirror PLC, Host Tracks, GWS, XXXX and any of their or the
Betmclean Group companies may enforce any provision of these terms and
conditions against You in the name of Betmclean or in their own right
pursuant to third party rights.
2.6 You agree and acknowledge that we, Racing UK, TBS and Trinity Mirror
PLC, Host Tracks, GWS, XXXX and any of their or the Betmclean 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 and GWS 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 to any such contaminants or
materials.
2.7 You agree and acknowledge that, as a condition of accessing the Footage
and Race Data, You are required to be legally and contractually bound by
this Agreement.
2.8 If We have reason to believe that there is likely to be a breach of
Terms, security or misuse of Your account, Betmclean may suspend or
terminate Your Account and/or this Agreement with You without offering You
any explanation. In any event, the decision of Betmclean is final.
3. Video Streaming
3.1 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.
USE OF THE WEBSITE
1. Restriction on Right to Use
1.1 Subject to this Agreement, We grant to You a limited, personal, non-
exclusive, non-transferable licence to use the software on the Website for
the sole purpose of participating in the Games available on the Website
and/or the Service.
1.2 You hereby acknowledge that all intellectual property rights, title and
interest in and to the software, including any modification, enhancement,
adaptations, translation and any other change of or addition to the
software belong exclusively to the licensor, a third party software
provider company, even if based on ideas, suggestions or proposals
submitted by You or any other third party. The software and accompanying
documentation which have been licensed to Us are proprietary products of
the Software Provider and are protected throughout the world by copyright
law. Your use of the software does not give You ownership of any
intellectual property rights in the software. This Agreement applies only
to the grant of the licence to use the software. It does not grant You any
rights whatsoever with respect to the source code of the software.
1.3 You agree that You shall irrevocably assign to the Software Provider
any rights, titles or interests which You have or may acquire in the
software including, but not limited to, patents, copyrights, trademarks,
trade secrets or know-how. You agree that You shall sign and deliver to the
Software Provider any documents which the Software Provider considers
necessary or desirable to evidence or effect the assignment of any such
rights to the Software Provider and its ownership of such rights.
1.4 You agree that You shall not (and You agree not to allow any third
party to);
1.4.1 Adapt, translate, convert, decode, decompile, disassemble or reverse
engineer any portion of the Website and/or Service;
1.4.2 Modify, create derivative works from, sub-licence, assign, rent,
lease, loan, transfer or copy any software made available to You on the
Website or make or distribute copies of the software;
1.4.3 Remove any copyright, trademark or other proprietary rights notices
contained in or on the Website and/or Service, or in or on any Content or
other material obtained via the Website and/or Service;
1.4.4 Use any robot, spider, Website search/retrieval application, or other
automated device, process or means to access, retrieve or index any portion
of the Website and/or Service;
1.4.5 Access, retrieve or index any portion of the Website and/or Service
for purposes of constructing or populating a database;
1.4.6 Reformat or frame any portion of the web pages that are part of the
Website and/or Service;
1.4.7 Create User accounts by automated means or under false or fraudulent
pretences or create multiple logins;
1.4.8 Create or transmit unwanted electronic communications such as "spam"
to other users or members of the Website and/or Service or otherwise
interfere with other users or members enjoyment of the Website and/or
Service;
1.4.9 Transmit any viruses, worms, defects, Trojan horses or other items of
a destructive nature;
1.4.10 Use the Website and/or Service and/or to violate the security of any
computer network, crack passwords or security encryption codes, transfer or
store illegal material including which is deemed threatening or obscene;
1.4.11 Copy or store any software, data or material available on the
Website for other than Your own use;
1.4.12 Copy or translate any User documentation provided on the Website or
to You in electronic format;
1.4.13 Use the Website and/or the Service in a manner that is illegal or
that is reasonably likely to bring Us into disrepute or to cause Us or any
of Our officers or senior employees to be charged with a criminal offence,
including but not limited to dishonesty or fraud;
1.4.14 Use any device, software or routine that interferes with the proper
working of the Website and/or Service, or otherwise attempt to interfere
with the proper working of the Website and/or Service;
1.4.15 Take any action that imposes, or may impose in Our sole discretion,
an unreasonable or disproportionately large load on Our IT infrastructure;
1.4.16 Use the Website and/or Service to breach any applicable law;
1.4.17 Collect or store personal data about other users in connection with
the prohibited activities described in this paragraph;
1.4.18 Engage in or promote any surveys, contests, pyramid schemes, chain
letters, unsolicited e-mailing or spamming via the Website;
1.4.19 Impersonate any person or entity;
1.4.20 Upload, post, email, transmit or otherwise make available using the
Website any material that You do not have a right to make available under
any law or contractual obligation which includes a breach of third party
intellectual property rights;
1.4.21 Make any submissions which may reasonably be considered as
defamatory, abusive, unlawful, offensive or of a racist, sexist or
otherwise discriminatory nature or use any abusive or aggressive language
or images, swear, threaten, harass or abuse any other users or third
parties.
1.5 Betmclean will seek criminal and contractual sanctions against any
Customer involved in fraudulent, dishonest or criminal acts via or in
connection with the Website and/or Service. Betmclean will withhold payment
to any Customer where any of these are suspected. The Customer shall
indemnify and shall be liable to pay to Betmclean, on demand, all Claims
arising directly or indirectly from the customer’s fraudulent, dishonest or
criminal act.
1.6 The software is provided "as is" without any warranties, conditions,
undertakings or representations, express or implied, statutory or
otherwise. Betmclean hereby excludes all implied terms, conditions and
warranties (including any of merchantability, satisfactory quality and
fitness for any particular purpose). Betmclean does not warrant that: (i)
the software will meet Your requirements; (ii) the software will not
infringe any third party’s intellectual property rights; (iii) the
operation of the software will be error free or uninterrupted; (iv) any
defects in the software will be corrected; or (v) the software or the
servers are virus-free.
1.7 In the event of communications or system errors occurring in connection
with the settlement of accounts or other features or components of the
software, neither Betmclean nor the Software Provider will have any
liability to You or to any third party in respect of such errors. Betmclean
reserves the right in the event of such errors to remove all relevant
products from the Website and/or take any other action to correct such
errors.
1.8 You hereby acknowledge that how You use the software is outside of
Betmclean’s control. Accordingly, You load and use the software at Your own
risk. Betmclean will not have any liability to You or to any third party in
respect of Your receipt of and/or use of the software.
1.9 The software used on the Website and/or Service includes non-public and
confidential information, which is secret and valuable to Us and/or the
Service Provider. You agree, as long as You use the Website and/or the
Service and/or the software 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 participating in the
Games. You further agree to take all reasonable steps at all times to
protect and keep secret such confidential information.
1.10 While Betmclean endeavours to ensure that the Website is available 24
hours a day, Betmclean shall not be liable if for any reason the Website is
unavailable at any time or for any period. We reserve the right to make
changes or corrections to or to alter, suspend or discontinue any aspect of
the Website and the content or services or products available through it,
including Your access to it.
2. Your equipment
2.1 Your computer equipment or mobile device and internet connection may
affect the performance and/or operation of the Website and/or Service.
Betmclean does not guarantee that the Website will operate without faults
or errors or that the Betmclean Service will be provided without
interruption. Betmclean does not accept any liability for any failures or
issues that arise due to Your equipment, internet connection or internet or
telecommunication service provider (including, for example, if You are
unable to place Bets or to view or receive certain information in relation
to particular events).
2.2 For customers using mobile or downloadable applications for the placing
of bets, please note that Betmclean will not be responsible for any damage
to, or loss of data from the mobile device that the software is installed
on, and will also not be responsible for any call, data or other charges
incurred whilst using the software.
OUR LIABILITY
1. The information and material on the Website is provided "as is", without
any garantees, conditions, warranties or other terms of any kind. The
Website may contain typographical errors or other inaccuracies, or
information that is out of date. Betmclean is under no obligation to update
such material. To the extent permitted by law, We expressly exclude:
1.1 All conditions, warranties and other terms which might otherwise be
implied by statute, common law or the law of equity; and
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 opportunity, loss of goodwill or
reputation, wasted management or office time, any special, indirect or
consequential losses 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.
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:
2.1 Strikes, lock-outs or other industrial action.
2.2 Civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or preparation
for war.
2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or
other natural disaster.
2.4 Impossibility of the use of railways, shipping, aircraft, motor
transport or other means of public or private transport.
2.5 Impossibility of the use of public or private telecommunications
networks.
2.6 The acts, decrees, legislation, regulations or restrictions of any
government.
INTERPRETATION
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.
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:
1. First, the Terms;
2. Second, the Privacy Policy;
3. Third, the Rules;
4. Fourth, any other document referred to in them.
VARIATIONS
1. We have the right to revise and amend these Terms from time to time for
reasons including but not limited to (i) changes in market conditions
affecting Our business; (ii) changes in technology; (iii) changes in
payment methods; (iv) changes in relevant laws and regulatory requirements;
and (v) changes in Our systems' capabilities.
2. We will make reasonable efforts to ensure that any significant changes
to the Terms and Conditions will be notified to You by an appropriate
method (for example, by email or via a pop up on the Website which will
prompt You to reaccept the terms). However, it remains Your responsibility
to check the Terms and Conditions from time to time to ensure that You
agree with them, and Your continued use of the Website will be deemed to be
Your acceptance of any changes We may make.
WAIVER
1. 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.
2. Betmclean shall not be in breach of these Terms and Conditions nor
liable for delay in performing, or failure to perform, any of its
obligations if such delay or failure results from events, circumstances or
causes beyond its reasonable control including (without limitation) any
telecommunications network failures, power failures, failures in third
party computer hardware or software, fire, lightning, explosion, flood,
severe weather, industrial disputes or lock-outs, terrorist activity and
acts of government or other competent authorities. In such circumstances
the time for performance shall be extended by a period equivalent to the
period during which performance of the obligation has been delayed or
failed to be performed.
3. You shall execute or cause to be executed all documents and do or cause
to be done all further acts and things consistent with the terms of these
Terms and Conditions that Betmclean may from time to time reasonably
require in order to vest in and secure to Betmclean the full benefit of
rights and benefits to be transferred or granted to Betmclean under these
Terms and Conditions and for the protection and enforcement of the same and
otherwise to give full effect to the terms of these Terms and Conditions.
V. Cash Out; 1. Pay-outs to customers for cash out transactions will occur
at the time of cash out, but please note, delays may occur from time to
time in settling funds.
2. BetMcLean Cashout feature allows you to take a return on your bet prior
to the market(s) in which you placed the bet closes.
3. Not all markets are available for Cash Out in-play. BetMcLean reserves
the right to decide which markets are available for cashout at anytime.
4. BetMcLean reserves the right to accept or decline the Cash Out
settlement.
5. Where we have reason to believe that a Cash Out is carried out after the
outcome of an event is know we reserve the right to void the original bet
that was Cashed Out.
6. BetMcLean Live Betting and General Rules apply on all live bets where
Cash Out is available.
7. On bets when a free bet has been used, cash out will be unavailable
until the value of your cash out is higher than the value of your free bet.