Terms and Conditions
Please read carefully these Terms and Conditions (" Terms ") as set out below. By registering an account (“ Your Account ” or “ Account ”), you are deemed to have accepted and understood them.
1. Introduction to the Terms and Conditions
Bayview Technologies Limited (the "" Company "") operates this online sports betting and gaming website. The Company is a British Virgin Island registered company (company registration number 528699) and whose registered office is located at Mill Mall Suite 6, Wickhams Cay 1, P.O. Box 3085, Road Town Tortola, British Virgin Islands. The Company is regulated and licensed in compliance with the laws and regulations of the Philippines to conduct remote betting and gaming business. The Company is the operator of this website (the ""Website"") www.dafabet.com through which the Company provides its online sports betting and gaming services.
2. Contracting Parties
These Terms and Conditions shall be agreed between you and the Company (referenced in these Terms as “ us ", " our " or " we ").
3. Applicability of these Terms and Conditions
Where we wish to make substantial changes to the Terms, we will give you as much prior notice of such changes as is reasonably practicable via one of the methods set out below. For minor or insubstantial changes, we may not give you any notice of such changes, so you are advised to review the Terms through the link on the Website on a regular basis. Your continued use of the Website and/or the Services after these changes have been made shall be deemed as your acceptance thereof.
Where we make changes to the Terms which we wish to notify you of, we will do so by such method of notification as we may, in our discretion, deem appropriate, which may comprise: email (to the email address you have supplied us with); a message to your Account on the Website; or notice on the Website and we may, at our discretion, invite you to accept the new Terms by clicking on "yes" or "I accept", checking a 'tick box' or any other similar method of confirmation by you. If you provide us with any such confirmation, or continue to use the Website and/or the Services after notification under this paragraph, you shall, from such time, be deemed to have accepted, and be bound by, the new Terms, including (for the avoidance of doubt), whether or not you have read the revised Terms. If any change is unacceptable to you, you may either cease using the Services and/or close your Account.
Notwithstanding this clause 3, should we wish to make any changes to the terms upon which your funds are held under clause 7, we shall notify you in advance by such method as we may, in our discretion, deem appropriate, but such method shall require You to acknowledge receipt of such information by clicking on "yes" or "I accept", checking a 'tick box' or any other similar method of acknowledgment by you. If you provide us with any such acknowledgment, you shall, from such time, be deemed to have accepted, and be bound by, the new Terms. If any change is unacceptable to you, you may either cease using the Services and/or close your Account.
4. Opening and Maintaining your Account
To access our betting services, you must first register and open an Account with us.
You agree to provide all relevant Personal Information to us on registration and it is your responsibility to ensure that your Personal Information are kept up-to-date, especially address, telephone number and payment/bank details (if applicable). You must provide truthful information when opening an Account and failure to do so will result in a breach of these terms and conditions and immediate closure of the Account forfeiting all money available in the Account to us. You agree upon request by us to provide us with any documentation to verify the Personal Information you have provided to us. You authorise us to use any lawful means that the we consider necessary to verify the Personal Information you have provided as set out in the online enrolment form ( " Personal Information " ). Such Personal Information includes all required information from you, as determined by us in our sole and absolute discretion, so as to allow us to properly identify you. When the aforementioned online enrolment form has been submitted to, and accepted by, us, you will be deemed a Registered Customer ( " Registered Customer " ). We reserve the right of accepting or rejecting registration for any reason whatsoever. Only Registered Customers may use our Services and bet only up to their bet limit or monetary amount available in their Account.
In opening an Account with us you warrant that:
If you wish to place a bet with the Company, you should note that there may be specific laws in your country, place of residence, or the place where such bets are placed from, which prohibit online betting and/or online gaming (collectively, "gambling") or the use and access of the Website and/or the Services. You irrevocably and unconditionally represent and warrant, without reservation or limitation, to the Company that you will not access or register an Account at any time:
a. from within a jurisdiction that prohibits the access or use of the Website and/or the Services for any reason whatsoever;
b. from within a jurisdiction that prohibits gambling;
c. if you are a resident of a nation state that prohibits its citizens from participating in gambling and
d. if you are resident in any of the following countries or jurisdictions: Hong Kong S.A.R., Macau S.A.R., the United States of America or its territories, Israel, United Kingdom, France, Spain, Portugal, Switzerland, Ireland, Cyprus, Turkey, Taiwan, Singapore and the Republic of the Philippines (collectively " Prohibited Jurisdictions " ).
You agree that your use of this Website and/or the Services is at your sole risk and further understand and agree that by using the Website and/or the Services offered herein, you may lose money on bets placed and you accept full responsibility for any such loss.
You are (a) over 18 years of age; or (b) above the age at which gambling or gaming activities are legal under the law or jurisdiction that applies to you; whichever is the greater between the two (“ Relevant Age “);
You have not be excluded from gambling;
You are legally capable of entering into binding contracts, including these Terms and Conditions and each of your activity with us or using our Services; and
You have not already had an Account closed by us.
You may open only one Account with us. Any additional Accounts that are opened may be closed by us and any outstanding amount returned to you or all such Accounts may be treated as one joint Account and merged together by us, in either case at our sole and absolute discretion. You agree that we shall use any method it deems reasonable to determine if two or more Accounts belong to the same customer.
To maintain a high level of security to protect customer funds, we may perform random security checks. You hereby accept that we maintain the right to demand additional information and/or documentation from you in order to verify your identity as the Account holder in the event of such a security check.
You should check your Account balance each time you access the Website and/or the Services. In the event of any discrepancies in your Account balance, it is your responsibility to forthwith notify us at the earliest opportunity of such discrepancy in your Account balance and provide us with your record of transactions since the date when you last verified your Account balance. Should we not receive any notification of any such discrepancies in your Account balance for a particular month within thirty (30) calendar days from the last day of the said month, you agree to forfeit any and all claims for any discrepancies in your Account balance and accept all information in your Account at the end of the said period.
The availability of our Website or Services in certain areas or jurisdiction does not constitute an offer, invitation or solicitation from us in any area or jurisdiction in which the use of our Website or Services is prohibited by law.
5. Verification of Identity/ Anti Money Laundering Requirements
You warrant that:
the name and address you supply when opening your Account are correct; and
you are the rightful owner of the money which you deposit at any time in your Account.
By agreeing to these Terms, you authorise us to undertake any such verification checks from time to time as we may require ourselves or may be required by third parties (including, but not limited to, regulatory bodies) to confirm these facts (the "Checks"). You agree that from time to time, upon our request, you may be required to provide additional details in respect of any of such information you have provided us, including in relation to any deposits which you have made into your Account.
Whilst we are undertaking any Checks from time to time, we may restrict you from withdrawing funds from your Account and/or prevent access to all or certain parts of the Website and/or the Services. Please note that we may from time to time re-perform the Checks for regulatory, security or other business reasons. If any such restrictions cause you a problem, please contact our Customer Support team.
In certain circumstances we may have to contact you and ask you to provide further information to us directly in order to complete the Checks. For this purpose, we will be entitled, at our sole discretion, to require that you provide us with a notarised ID or any equivalent certified ID according to the applicable law of your jurisdiction or otherwise, proof of address, utility bills, bank details, bank statements and bank references. Until such information has been supplied to our satisfaction we may prevent any activity to be undertaken by you in relation to the Account or we may, where we reasonably believe that deliberately incorrect information has been provided by you, keep any amount deposited on the Account following the closure of the Account by us.
It may be an offence for persons under the Relevant Age to make use of the Website and/or the Services. If we are unable to confirm that you are the Relevant Age, then we may suspend your Account until such time that we are able to confirm that you are the Relevant Age. If you are subsequently proven to have been under the Relevant Age at the time you made any gambling or gaming transactions with us, then:
Your Account will be closed;
All transactions made whilst you were underage will be made void, and all related funds deposited by you will be returned by the payment method used for the deposit of such funds, wherever practicable;
Any deposits made whilst you were under the Relevant Age will be returned to you; and
Any winnings which you have accrued during such time when you were under the Relevant Age will be forfeited by you (and may be deducted from the amount of any deposit returned under paragraph 5.5.3) and you will return to us on demand any such funds which have been withdrawn from your Account.
6. Username, Password, Pin and Customer Information
In order to protect your funds and personal information, as a Registered Customer, you will be presented with a username and password ( " Account Access Information " ) which is for your personal use only. It is your responsibility to ensure that the Account Access Information remains confidential at all times and you shall be fully responsible for any misuse and/or unauthorised disclosure of Account Access Information to any third party. If you are concerned that your Account Access Information has been made available, its security has been compromised or has been accessed by any third party without your knowledge or consent, you should forthwith notify us immediately whereupon new Account Access Information may be provided by us to you. Any bets or requests made online where the correct Account Access Information has been used will be considered valid and binding to you and us. Only after your notification to us that your Account Access Information has been compromised and we suspending the Account will bets or requests made online with the Account Access Information be deemed void.
We may require you to change your password or your Account Access Information from time to time or we may suspend your Account if we have reason to believe that there is likely to be a breach of security or misuse of the Website and/or the Services. We may, at our sole and absolute discretion, change your Account Access Information upon prior notice to you.
7. Account Funds
If you wish to participate with our Services you may only deposit money with the us through the pre-approved payment methods available in the Website or the Services, you must only deposit and receive money through the same Payment Solution Companies authorised by us ( " Authorised Payment Solutions " ), except where you deposited money directly with us. Authorised Payment Solutions cannot represent themselves as authorised to receive funds on behalf of us without a previous written statement to that effect from us; and furthermore, Authorised Payment Solutions cannot in any way market, advertise, publicise, or promote us or our Services without the previous written consent by us. Further details of how to deposit and withdraw along with information regarding minimum and maximum deposit limits can be found in the payment options page of the Website or Services.
If you use a payment method in respect of which you are not the Account holder, we reserve the right to treat any deposit into the Account as being invalid (and any winnings arising from such deposit as void) pending the satisfactory completion of all relevant Checks as per Clause 5.2.
We do not offer credit. All Bets must be supported by sufficient funds in your Account. We reserve the right to void any Bet which may have inadvertently been placed when the Account does not have sufficient funds to support the Bet.
If we incur any charge-backs, reversals or other charges in respect of your Account, we reserve the right to charge you for the relevant amounts incurred. For the avoidance of doubt your Account shall not be used by you as a bank Account and, should we become aware of deposits into and withdrawals from your Account without commensurate betting or gaming activity, we reserve the right to deduct an administration charge (whether or not we close or suspend the Account). Funds deposited with us in your Account shall not attract interest.
We reserve the right to apply a handling charge on deposits and withdrawals to cover third party transactions costs depending on the selected payment method. We shall inform you if you will be subjected to this handling charge.
To the extent required by your local law or tax or other authorities you are responsible for reporting your winnings and losses arising from our Services.
All winnings from settled bets will be credited to the balance of your Account. Should funds be credited to your Account in error, it is your responsibility to inform us without delay. We reserve the right to void Bets placed using funds credited to your Account in error and to recover such funds by Account adjustment at any time.
It is your responsibility to actively maintain your Account with us. In this regard, you have to have at least logged in once to your Accountand utilized our Services in any twelve (12) month period to maintain an active Account. If your Account is inactive for twelve consecutive (12) months or longer, we reserve the right to close your Account with us and you agree to forfeit any outstanding balance and all claims against us.
We will review our Customer Database annually in order to identify any 'inactive' Accounts where funds may still be available for withdrawal. If Your Account is identified as being inactive we will attempt to contact you using the registered details you have provided to us by methods such as telephone, e-mail or written letter. If we have not established contact with you by such means within 12 months after we have identified your Account as inactive, any outstanding funds held in your Account will be set aside, the Account will be closed and the funds will be made available for distribution to a nominated charity chosen by us.
8. Bet Acceptance and/or Use of Service
We will only accept bets from Registered Customers made online via the Website or the Services. In order to place a bet or access a Service you should follow the instructions provided at the Help section. It is Your responsibility to ensure that the details of any bet, stake or similar transaction that you place using the Services (a "Transaction") are correct in accordance with the relevant Betting Rules or Game Rules, as appropriate.
You are only deemed to have placed a bet if you are a Registered Customer at the Website or Services, and your bet is deemed to be placed from the jurisdiction of the Internet Protocol Address recorded by us from where you are accessing the Website or Services. A bet is deemed accepted only when it has been accepted and recorded by our gaming server in the jurisdiction where our gaming server is located. When you have successfully placed a bet using the Website and/or the Services, you will receive an electronic acknowledgement (notice), which is confirmation of acceptance and record of the bet by us. A bet is deemed completed when accepted and recorded in the jurisdiction where our gaming server is located and you have been notified of said acceptance and recording, all in accordance to these terms.
A bet will be deemed void if it is not transmitted in full, including but not limited to instances where the bet transmission has been disrupted or interrupted due to technical problems.
You will not be allowed to cancel or change your bets once these bets have been placed, accepted and recorded by us and we are under no obligation to cancel bets that have been validly placed, accepted and recorded in accordance with these terms. If there is any dispute relating to the placement of a bet, you should notify us before the finalisation of the acceptance of such bets and/or before the event on which the bet has been placed occurs. We shall investigate such disputes accordingly and resolve them reasonably in our sole and reasonable discretion.
We reserve the right to suspend or prohibit further betting on a market at any time without prior notice to you at our sole and absolute discretion. When a market is suspended or access to it prohibited, any attempted bets entered thereafter will be rejected.
We do not accept any responsibility for failure in any equipment or telecommunication that prevents the correct placing, accepting, recording or notification of bets.
We shall not, in any event, be liable for any damages or losses that are deemed or alleged to have resulted from or been caused by the Website and/or the Services or their content, including but without limitation to, delays or interruptions in operation or transmission, communications lines failure, any person's use or misuse of the Website and/or the Services or their content, or any errors or omissions in content in relation thereto.
Bets will be accepted up to the advertised deadline of until when bets are accepted ( " deadline " ) for any given event. Such deadlines are deemed to be incorporated by reference into these terms and you have agreed to. If a bet is inadvertently accepted after its deadline, the bet shall be deemed void and we reserve the right to void any such bet.
Bets placed by credit or debit card do not become valid until we (or our Authorised Payment Solutions) have received payment in full, subject always to Clause 8.2 above. In the event that you have placed a bet prior to payment in full, then such bet shall be automatically voided.
Your Account must have a positive funds balance reflected in excess of the bet amount in order for you to be able to place bets. Otherwise bets will not be allowed.
All prices/lines displayed on the Website are subject to variation but become fixed at the time a bet is placed, accepted and recorded in accordance with Clause 8.2 above. We reserve the right, at our sole and absolute discretion without explanation, to change the odds, prices, or any information on a bet type, market or event at any time without prior notice to you. We likewise reserve the right at our sole discretion to either void or reject any affected bets at any time or to correct any error when by error, omission or mistake the incorrect odds, prices, or any information on a bet type, market or event at any time where displayed. We will place a prominent notice on the Website in such events.
The maximum bet amount that you may place on any market or event varies according to the specific bet type, and is subject to change without prior notice at our sole and absolute discretion.
9. Collusion, Cheating, Fraud and Criminal Activity
The following practices (or any of them) in relation to the Services:
• abuse of bonuses or other promotions; and/or
• using unfair external factors or influences (commonly known as cheating); and/or
• taking unfair advantage (as defined in paragraph 9.5.3);
• undertaking fraudulent practice or criminal activity (as defined in paragraph 9.5),
The above activities constitute "Prohibited Practices" and are not permitted. They will constitute a material breach of the Terms. We will take all reasonable steps to prevent and detect such practices and to identify the relevant players concerned if they do occur. Subject to the above, however, we will not be liable for any loss or damage which you may incur as a result of any Prohibited Practices, and any action we take in respect of the same will be at our sole discretion.
If you suspect a person is engaged in any Prohibited Practice, you shall as soon as reasonably practicable report it to us by e-mailing us or telephoning our Customer Support team.
You agree that you shall not participate in or be connected with any form of Prohibited Practice in connection with your access to or use of the Services.
If we have reasonable grounds to believe that you have participated in or have been connected with any form of Prohibited Practice (and the basis of our belief shall include the use by us (and by our gaming partners and our other suppliers) of any fraud, cheating and collusion detection practices which are used in the gambling and gaming industry at the relevant time); or if you have placed bets and/or played online games with any other online provider of gambling services and are suspected (as a result of such play) of any Prohibited Practice or otherwise improper activity; or if we become aware that you have "charged back" or denied any of the purchases or deposits that you made to your Account; or if in our reasonable opinion your continued use of the Services may be detrimental to our regulated status, including our continued ability to be licensed by the Cagayan Economic Zone Authority or if you become bankrupt or suffer analogous proceedings anywhere in the world, then, (including in connection with any suspension and/or termination of your Account) we shall have the right, in respect of your Account (and/or any other Account held by you with an Operator Group company) to withhold the whole or part of the balance and/or recover from the Account the amount of any deposits, pay-outs, bonuses or winnings which have been affected by or are in any way attributable to any of the event(s) contemplated in this paragraph 10.4. The rights set out in this paragraph 9.4 are without prejudice to any other rights (including any common law rights) that we may have against you, whether under these Terms or otherwise.
For the purposes of this paragraph 9:
"fraudulent practice" means any fraudulent activity engaged in by you or by any person acting on your behalf or in collusion with you, and shall include, without limitation: (a) fraudulent charge-backs activity; (b) the use by you or any other person who was participating in the same game as you at any time, of a stolen, cloned or otherwise unauthorised credit or debit card, as a source of funds; (c) the collusion by you with others in order to gain an unfair advantage (including through bonus schemes or similar incentives offered by us); (d) any attempt to register false or misleading Account information; any (e) any actual or attempted act by you which is reasonably deemed by us to be illegal in any applicable jurisdiction, made in bad faith, or intended to defraud us and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes us any damage or harm;
"criminal activity" shall include, without limitation, money laundering and any offence under Cagayan’s Economic Zone & Free Port Interactive Gaming Rules and Regulations V2.0/08/04.
"unfair advantage" shall include, without limitation: the exploitation of a fault, loophole or error in our or any third party's software used by you in connection with the Services (including in respect of any game); the use of any Bots for skill games and Bots for any other use which would otherwise constitute any other Prohibited Practices; the use of third party software or analysis systems; or the exploitation by you, of an Error as defined in paragraph 12, in any case either to your advantage and/or to the disadvantage of us or others.
In exercising any of our rights under paragraph 9.4 in relation to a Prohibited Practice, we shall use all reasonable endeavours to ensure that, while complying with our regulatory and other legal obligations, we exercise such rights in a manner which is fair to you and to our other customers.
We reserve the right to inform relevant authorities, other online gaming or gambling operators, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected Prohibited Practice by you, and you shall cooperate fully with us to investigate any such activity.
10. Account Closure; Termination of the Terms and Conditions
Closure or Termination by you
You may withdraw money from your Account provided that there is sufficient balance in your Account and this has been confirmed by us, and in accordance with posted Guidelines for withdrawals, if any, available on the Website.
You may cancel your Account with us at any time by informing us in writing of your intention to do so by contacting us at email@example.com If you decide to cancel your Account with us, you must stop using the Website and/or the Services immediately. Only after notification by us that your Account has been cancelled will bets or requests made online with the Account be deemed void. You will continue to be liable for any activity on your Account until such notification of Account cancellation from us.
Upon any termination of Your Account under this paragraph 10 we shall be entitled (without limiting our rights under paragraph 10.5) to withhold, from the repayment of the outstanding balance on Your Account, any funds: (a) pursuant to paragraph 9 (Collusion, Cheating, Fraud and Criminal Activity); (b) pursuant to paragraph 17 (Breach of the Terms and Conditions); (c) as otherwise provided by these Terms as (including, as appropriate, paragraph 5.4); or (d) as required by law or regulation.
When repaying the outstanding balance on your Account, we shall use the same method of payment which you provided upon registration of your Account, or such other payment method as we may reasonably select.
We reserve the right, at our sole and absolute discretion, to close your Account and terminate the Terms with us (notwithstanding any other provisions contained in the Terms and Conditions) on written notice (or attempted notice) to you using your contact details. . In the event of any such termination by us we shall, subject to paragraph 10.6, as soon as reasonably practicable following a request by you, refund the balance of your Account.
Where we close your Account and terminate the Terms pursuant to paragraph 9 (Collusion, Cheating, Fraud and Criminal Activity) or paragraph 17 (Breach of the Terms and Conditions), the balance of your Account will be non-refundable and deemed to be forfeited by you. Closure of your Account and Termination of the Terms, other than pursuant to paragraphs 9 or 17 of these Terms, will not affect any outstanding bets, provided that such outstanding bets are valid and you are not in breach of the Terms in any way. For the avoidance of doubt, we will not credit any bonuses into your Account, nor will you be entitled to any contingent winnings, at any time after the date on which it has been closed (whether by us pursuant to the Terms, or in response to your request).
We shall be entitled to suspend your Account in the circumstances expressly set out in these Terms or at our sole and absolute discretion as the circumstances may reasonably warrant. Upon the suspension of your Account: (a) no activity shall be permitted (including deposits, withdrawals, betting or gaming) until the date upon which it is re-activated by us; (b) no bonuses or contingent winnings will be credited to the Account; and (c) we shall address the issue that has given rise to the Account suspension with a view to resolving it as soon as reasonably practicable so that the Account can, as appropriate, either be re-activated or closed.
11. Third Party Suppliers
We receive information and services from third party suppliers which includes sportsbook, poker and casino games. In some instance where systems are provided by third party suppliers, you may be unable to access all Account history and transactional information via systems controlled us. In the event that you do require further information concerning game play or any other element of your Account history please contact our Customer Support Team who will be able to assist.
In order to use the Services offered by us, You may be required to download and install software supplied by third parties on to Your Access Device ("Software"). Software may include, but is not limited to: Access Device applications, and any promotional, marketing and/or facility applications, Services and software In such circumstances, You may be required to enter into a separate agreement with the owner or licensor of such Software in respect of your use of the same (a "Third Party Software Agreement"). In case of any inconsistency between the Terms and any Third Party Software Agreement, these Terms will prevail in so far as the inconsistency relates to the relationship between you and us.
We do not allow any employee, anyone else in any way connected to such employee or anyone otherwise connected to the service provider (to be determined by our absolute discretion) to Bet on any market or event where the service provider is providing a service to us. We will void any Bet where we determine in our absolute discretion that such betting has taken place.
You acknowledge that our random number generator will determine the outcome of the games played through the Services and you accept the outcomes of all such games. You further agree that in the unlikely event of a disagreement between the result that appears on your screen and the game server used by us, the result that appears on the game server will prevail, and you acknowledge and agree that our records will be the final authority in determining the terms and circumstances of your participation in the relevant online gaming activity and the results of this participation.
12. IT Failures/ Errors
Where problems occur in the software or hardware used by us to provide the Services we will take all reasonable steps to remedy the problem as soon as reasonably practicable. Where such problems cause a game to be interrupted in circumstances where it cannot be restarted from exactly the same position without any detriment to you or other players, we will take all reasonable steps to treat you in a fair manner (which may include reinstating the balance on your Account to the position existing following completion of the last bet or game logged on our server immediately prior to the occurrence of the problem).
A number of circumstances may arise where a bet or wager is accepted, or a payment is made, by us in error. A non-exhaustive list of such circumstances is as follows:
where we misstate any odds or terms of a bet or gaming wager to you as a result of obvious error or omission in inputting the information or setting up a market, or as a result of a computer malfunction;
where we have made a 'palpable error'. A palpable error occurs where:
in relation to bets placed prior to an event taking place, the prices/terms offered are materially different from those available in the general market; or
in relation to any event, the price/terms offered at the time the bet is placed are clearly incorrect given the probability of the event occurring;
where we have continued to accept bets on a market which should have been suspended, including where the relevant event is in progress (except where 'in-running' bets are accepted) or had already finished (sometimes referred to as 'late bets');
where an error has been made as a result of a Prohibited Practice under paragraph 9.1
where we should not have accepted, or have the right to cancel or re-settle, a bet pursuant to the Betting Rules (for example due to 'Related Contingencies');
where an error is made by us as to the amount of winnings/returns that are paid to you, including as a result of a manual or computer input error; or
where an error has been made by us as to the amount of free bets and/or bonuses that are credited to your Account, any such circumstances being referred to as an "Error".
In the event of an Error, we reserve the right to:
correct any Error made on a bet placed and re-settle the same at the correct price or terms which were available or should have been available through us (absent the publishing error) at the time that the bet was placed and the bet will be deemed to have taken place on the terms which were usual for that bet; or
where it is not reasonably practicable to correct and re-settle under 12.3.1 above, to declare the bet void and return your stake into your Account; or
in circumstances where the Error has resulted from a Prohibited Practice, to take the steps set out in paragraph 9.4.
Any funds which are credited to your Account, or paid to you as a result of an Error shall be deemed, pending resolution under paragraph 12.3, to be held by you on trust for us and shall be immediately repaid to us when a demand for payment is made by us to you. Where such circumstances exist, if you have funds in your Account, we may reclaim these funds from your Account. We agree that we shall use all reasonable endeavours to detect any Errors and inform you of them as soon as reasonably practicable
Neither us (including our employees or agents) nor our partners or suppliers shall be liable for any loss, including loss of winnings, that results from any Error by us or an error by you.
You shall inform us as soon as reasonably practicable should you become aware of any Error.
Where you have used funds which have been credited to your Account or awarded to you as a result of an Error to place subsequent bets or play games, we shall cancel such bets and/or withhold any winnings which you may have won with such funds, and if we have paid out on any such bets or gaming activities, such amounts shall be deemed to be held by you on trust for us and we can immediately reclaim these funds from your Account if you have sufficient balance or you shall be immediately repay to us any such amounts when a demand for repayment is made by us to you.
13. Events Outside our control
Without prejudice to our obligations contained within the various laws and regulations of the jurisdictions where we are licensed, we are not liable for any loss or damage that you may suffer caused by events outside our reasonable control, including (without limitation) power failure; trade or labour dispute; act, failure or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party or otherwise outside of our control. In such an event, we reserve the right to cancel or suspend our Services without incurring any liability.
We are not liable for the failure of any equipment or software howsoever caused, wherever located or administered, or whether under our direct control or not, that may prevent the operation of the Services or prevent you from being able to contact us.
We will not be liable for any failure to perform by a third party to our Agreement.
14. Virus, Hacking and Other offences
You shall not attempt to attack, hack, make unauthorised alterations to, or introduce any kind of malicious code to the Website or Services. As such, you will not, without limitation:
reverse engineer or decompile (in whole or in part) any software available through the Website; or
make copies, modify, reproduce, transmit, alter, use or distribute all or any part of our Services or Website or any material or information contained on it; or
disclose Account information to any third party; or (d) contravene any of the provisions stated herein; or
cheat, deceive, trick, misinform or defraud us in any way through use or abuse of our Services or the Website or.
attack the Website via a denial-of-service attack or a distributed denial-of-service attack. We will report any suspected breach of the Computer Misuse Act 1990 to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Website and/or the Services will cease immediately.
Should we suspect that you have failed to abide by the terms of this provision we shall have the right, in addition to any other remedy, to freeze or suspend your Account with us in order to carry out further investigations. If it is confirmed that you failed to abide by the terms of this provision, this will result in the termination of the Services to you, closure of your Account and forfeiture by us of any amounts in your Account.
15. Claims and Disputes
We will seek criminal and contractual sanctions against you if you are found to have been involved in fraud, dishonesty or criminal acts. We will withhold payment to you as well where any of these are suspected. You shall indemnify and shall be liable to pay to us, on demand, all costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, loss of profit and loss of reputation) arising directly or indirectly from your fraud, dishonesty or criminal act.
We reserve the right to withhold payment and to declare Bets on an event void if we have evidence that the following has occurred: (i) the integrity of the event has been called into question (ii) the price(s) or pool has been manipulated (iii) matchrigging has taken place. Evidence of the above may be based on the size, volume or pattern of Bets placed with us across any or all of our betting channels. A decision given by the relevant governing body of the sport in question, our licensing authority and/ or any relevant industry association (if any) will be conclusive.
You will not be allowed to cancel or change your bets once these bets have been placed, accepted and recorded by us and the we are under no obligation to cancel bets that have been validly placed, accepted and recorded in accordance with these terms and conditions. If there is any dispute relating to the placement of a bet, you should notify us before the finalisation of the acceptance of such bets and/or before the event on which the bet has been placed occurs. We shall investigate such disputes accordingly and resolve them reasonably in our sole, absolute and reasonable discretion.
If you wish to raise a complaint about any aspect of our Services please contact our Customer Support team with details about your complaint, which will be escalated as necessary within our Customer Support team until resolution.
If you do not agree with the decision of our Customer Support team, you may then request that the matter is escalated further. In order to escalate a complaint, you will need to clearly state your reasons for not agreeing with the previous decision, and any other relevant information. The decision of our Head of Customer Support (having completed such escalation as we consider reasonable in the circumstances) will be considered as our final decision.
When we wish to contact You, we may do so using any of Your Contact Details at our sole and absolute discretion. Notices will be deemed to have been properly served and received by You immediately after an email is sent or after we have communicated with You directly by telephone (including where we leave You a voicemail), or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post; in the case of an email, that such email was sent to the specified email address (if any) in Your Contact Details at the time that any such email was sent
17. Breaches of the Terms and Conditions
18. Your Personal Information
We may from time to time ask you to provide us with additional details and any such additional information will be also kept confidential.
We reserve the right under certain circumstances to disclose certain details to relevant authorities should it be required to do so by law, an arm of the state or a regulatory body. (for example, to bodies or authorities whose purpose is to investigate money laundering, fraud and other criminal activity) to the extent required by law.
20. No Warranty
We shall endeavour to provide the Services used by us with reasonable skill and care. We make no further warranty or representation, whether express or implied, in relation to the Services. All implied warranties or conditions of satisfactory quality, fitness for purpose, completeness or accuracy are hereby excluded.
We make no warranty that the Services will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials or as to results or the accuracy of any information obtained by you through the Services.
In the event of systems or communications errors relating to the generation of random numbers, Bet settlement, race result or other element of the Services, we will not be liable to you as a result of any such errors and we reserve the right to void all Bets on the draws or races (as applicable) in question.
21. Limitation of Liability
Winnings will be credited or loses reflected to your Account following confirmation of the final result from the relevant, reasonably appropriate, source (which in the case of a sporting event is most likely to be the sports governing body).
Should funds be credited to or debited from your Account in error, it is your responsibility to notify us of the error without delay. Any sums credited to you due to the error will be deemed invalid and must be returned to us. You may not dispose of or place bets using funds credited to your Account in error and we reserve the right to void any transaction (including bets) involving such funds. You hereby agree to the return of any erroneously credited funds that you may have withdrawn and winnings from bets placed using such erroneously credited funds.
We will not be held responsible for any typographical, technical, or human error in posting odds and/or handicaps. In the event of error, we reserve the right at its sole discretion to either void any affected bets at any time or to correct the error.
We will under no circumstances be held liable in equity, contract, tort, negligence, or otherwise (or any theory of law) for any damages or losses whether direct, indirect or any other nature, without limitation, that are deemed or alleged to have resulted from or been caused by the Website and/or the Services or their content including, but without limitation to, errors, inaccuracies or ambiguity in the Website and/or the Services or their contents, failures, malfunctions, delays or interruptions in operation or transmission, communication line failure, any persons, use or misuse of the Website and/or the Services or their content, any errors or omissions in content, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary or consequential loss or damage (even where you have notified us of the possibility of such loss or damage).
We will not be responsible for any breach of these terms caused by circumstances beyond our reasonable control.
We reserve the right to withdraw the Website or Services or elements of these at any time, and save for any rights that you may have over deposited funds in its Account, we will not be liable to you in any other way as a result of any such action.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees, consultants, advisors, agents and suppliers harmless, immediately upon demand, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, (regardless of theory of law) arising out of your breach of any of the terms or the rules and regulations or any other liabilities arising out of your use of the Website and/or the Services or use by any other person accessing the Website or Services using your Account Information details.
23. Law and Jurisdiction
The construction, validity and performance of this agreement will be governed by the laws of England. However, this shall not prevent us from bringing any action in the court of any other jurisdiction for injunctive or similar relief. The English language version of this Agreement will prevail over any other language version issued by us.
24. Intellectual Property
The contents of the Website and Services are protected by international copyright laws and other intellectual property rights. The owner of these rights is Dafabet or other third party licensors.
Except to the extent required to use a Services for the purpose of placing bets or wagers, no part of the Website may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website or in any public or private electronic retrieval system or service including text, graphics, video, messages, code and/or software without our express prior written consent.
Any commercial use or exploitation of the Website or Services or their content is strictly prohibited.
25. Responsible Gambling
We will use our reasonable endeavours to ensure compliance with self-exclusion. However, self-exclusion requires the joint commitment of both you and us. During the self-exclusion period you must not attempt to try to open new Accounts and you accept that we have no responsibility or liability whatsoever if you continue gambling and/or seek to use the Website and/or the Services and we fail to recognise or determine that you have requested self-exclusion in circumstances which are beyond our reasonable control including, but not limited to you opening a new Account or over the telephone rather than over the internet or using a different name or address.
We are committed to supporting Responsible Gambling initiatives.
26. Contacting Us
Our Customer Support team can be contacted 24/7 by e-mail and/or telephone. Details are outline on the Contact Us section of the Website. Please note that all calls to our Customer Support team are recorded for training and security purposes.
The following definitions are used in these terms and conditions:
"Your Account or 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;
"Bonus Terms" means any terms and conditions and/or rules with regard to promotions, bonuses and special offers which may apply to any part of the Services from time to time;
" Company " means Dafabet;
"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;
"Intellectual Property Rights" patents, rights to inventions, copyright and related rights, moral rights, trademarks 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 as appropriate, the services offered by Us through the Website or Software made available by us from time to time;
"Software" means any computer program downloaded accessed or otherwise utilizes by you from the Website made available by us from time to time;
"Third-Party Terms" means any additional end user terms and conditions of use which you are required to confirm your agreement to as part of the use of any software which you may access on our Website, including the Playtech End User Licence Agreement which can be found in the Appendix to these Terms;
“Us”/”We”/”Ours” means Dafabet
"Website" the domain name dafabet.com (http://dafabet.com) through which we provide our online sports betting and gaming services. 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.