Entrope S.R.L is Licensed and Regulated by the
legislation of Tobique. Its services provided to players via the domain name www.sbotop.com.
Licensed
Operator : Entrope S.R.L, Costa Rica Incorporated company No. 3-102-935005
Registered
Office : Costa Rica, Belen, Ribera. 75 metros sur de la Iglesia Catolica de la
Ribera de Belen. Casa de dos plantas, portones electricos grandes cerrados de
color café. 40702
These
terms and conditions govern the end user customer's (the "Customer")
use of the Internet Betting Service, including all forms of interactive games
betting products and services, available at www.sbotop.com (the "Website")
and via WAP provided through a WAP link (the "WAP Site")
provided by Entrope S.R.L (the "Internet Betting Service") and
the Customer's relationship with Entrope S.R.L (the "Operator").
The Customer should read these terms and conditions carefully as they affect
their rights and liabilities under the law. The Operator is licensed and
regulated by the legislation of Tobique. Online Gambling debts incurred through
an operator licensed and regulated in the Tobique are enforceable in law. If
the Customer does not agree to these terms and conditions, they should not
register for or use the Internet Betting Service. If the Customer has any
questions about these terms and conditions, they should contact support@sbotop.com.
1
APPLICABILITY OF THESE TERMS AND CONDITIONS
The
Internet Betting Service is provided to the Customer for their personal
non-commercial use subject to these terms and conditions. By registering on the
Website and/or continued use of the Internet Betting Service, the Customer
agrees to be bound by these terms and conditions. If there is any inconsistency
between these terms and conditions and any document incorporated by reference,
these terms and conditions will prevail.
2
AMENDMENTS TO THESE TERMS AND CONDITIONS
2.1 The Operator reserves the right to amend these terms
and conditions (including to rectify errors or mistakes discovered on the
Internet Betting Service). However, the Operator will ensure that any
significant changes to these terms and conditions will be notified to the
Customer by an appropriate method (for example via an announcement on the
Website). The changes will apply to the use of the Internet Betting Service
immediately after the Operator has given notice. If the Customer does not wish
to accept the new terms and conditions the Customer should not continue to use
the Internet Betting Service. If the Customer continues to use the Internet
Betting Service after the date on which the change comes into effect, the
Customer's use of the Internet Betting Service will be confirmation of the
Customer's agreement to be bound by the new terms and conditions.
2.2 It remains the Customer's responsibility to
periodically check these terms and conditions to ensure that they continue to
agree with them and Customers are advised to do so each time they use the
Internet Betting Service. The Customer's continued use of the Internet Betting
Service will be confirmation of their acceptance of any changes to these terms
and conditions. Any bet received (but not settled) prior to the time of
amendment and notification of amended terms and conditions will be subject to the
pre-existing terms and conditions.
3
REGISTRATION AND USE OF THE CUSTOMER'S ACCOUNT
3.1 To register for an account to use the Internet Betting
Service (an "Account"), the Customer must be at least eighteen
years of age or the legal age required for gambling in the Customer's
jurisdiction, whichever is the greater. The Customer must ensure that the
details provided by them on registration (or at any time thereafter) are
correct and complete and must inform the Operator immediately of any changes to
their details by updating their Account in order that the Operator can
communicate with them effectively. The Operator reserves the right to request
identification documents (e.g. passport or identity cards) for verification
purposes. By agreeing to these terms and conditions, the Customer hereby
authorises the Operator to conduct such verification checks (including identity
and address verification checks) from time to time as the Operator may require
or as may be required by third parties (including, but not limited to,
regulatory bodies) to confirm any of the personal details provided by the Customer
to the Operator. Where such verification checks are to be made in the
Customer's name, the Customer hereby authorises the Operator to act on the
Customer's behalf in making these checks and accessing such databases in the
Customer's name.
3.2 A Customer wishing to place a bet on the Internet
Betting Service should note that there may be specific laws in their country,
place of residence, or the place where the Customer accesses the Internet
Betting Service which prohibit gambling. The Customer warrants to the Operator
that they will not access the Internet Betting Service from within a
jurisdiction that prohibits gambling. Further, the Customer warrants to the
Operator that they will not access (or register for) the Internet Betting Service
at any time if they are a citizen of a nation state that prohibits its citizens
from participating in gambling (regardless of their location).
3.3 It is the Customer's responsibility to ensure
compliance with their applicable local or national laws before registering for
an Account and/or before placing bets on the Internet Betting Service. The
Customer is encouraged to seek legal advice before registering and/or placing
any bets or depositing any money to verify that their proposed dealings on the
Internet Betting Service are not contrary in any way to such laws. The Operator
does not accept any responsibility for a Customer's breach of any applicable
local or national laws.
3.4 Without limiting Clause 3.3, the Operator does not
accept bets originating from Afghanistan, American Samoa, Australia, Belarus,
Belgium, Côte d'Ivoire, Denmark, England, France, French Guiana, French
Polynesia, French Southern Territories, Germany, Greece, Guadeloupe, Guam, Hong
Kong, Hungary, Iran, Iraq, Liberia, Libya, Lithuania, Malta, Martinique,
Mayotte, Netherlands, Netherlands Antilles, North Korea, Northern Mariana
Islands, People’s Republic of China, Philippines, Portugal, Puerto Rico,
Reunion, Russia, Saint Pierre and Miquelon, Serbia, Singapore, Somalia, Spain,
Sudan, Switzerland, Taiwan, Turkiye, United States minor outlying islands, USA
and Virgin Islands, U.S. and, accordingly, the Customer warrants that they are
not resident in these jurisdictions, nor will they use the Internet Betting
Service when they are in these jurisdictions.
3.5 When the Customer registers their Account on the
Website, they will be asked to create a login and password (which will be in
encrypted form and not accessible by the Operator). In order to prevent fraud,
the Customer must keep this password confidential and not disclose it or share
it with anyone. If the Customer knows or suspects that someone else knows their
password or that any other personal information has been stolen or otherwise
accessed without their authority they should notify the Operator immediately by
contacting support@sbotop.com.
3.6 If the Operator has reason to believe that there is
likely to be a breach of security or misuse of the Internet Betting Service, it
may require the Customer to change their password or it may suspend the
Customer's Account.
3.7 The Customer will not allow any other person or third
party (including, without limitation, any minor) to use their Account or accept
any prize on their behalf. The Customer is solely responsible for all use of
the Internet Betting Service through their login and password. Unless caused by
the Operator's negligence, any unauthorised use of the login and password will
be the Customer's sole responsibility and deemed the Customer's use. The
Customer will therefore be liable for any such unauthorised use and will not be
refunded any resulting losses on the Internet Betting Service, regardless of
whether or not the third party who participated had the Customer's consent.
3.8 If an Account is inactive for 12 months or longer, the
Operator reserves the right to levy an administration charge of £5.00 (or
currency equivalent) per month for maintenance of the Account and set-off such
charges against the Betting Funds in the Account. If the Betting Funds is less
than £5.00, only the remaining amount of the Betting Funds will be deducted. If
the Account remains inactive for a further 12 months or longer, the Operator
reserves the right to cancel the Account. The administration charge will be
deducted until the earlier of the following occurs: (1) the Betting Funds being
reduced to zero; or (2) the Account being reactivated by the Customer using the
Account to place a bet. Thereafter the deductions for the administration charge
will cease.
3.9 The Operator may suspend or terminate the Customer's
Account immediately at its absolute discretion including if the Customer
breaches any of their obligations under these terms and conditions. In this
event and save for any contrary provisions expressly stated in these terms and
conditions, the balance of the Customer's Account will be returned to the
Customer.
3.10 The expiry or termination of a Customer's Account for
any reason will not affect:
(a) any rights, obligations and/or liabilities accrued
before the date of termination or expiry; or
(b) any rights, obligations and/or liabilities expressed to
continue in force after and despite expiry or termination.
3.11 The Operator reserves the right not to open an account
for any applicant without having to provide any reason whatsoever. The Operator
further reserves the right to refuse/reject and suspend and/or terminate
without prior notification the Account of any Customer who is suspected of
cheating, hacking, attacking, manipulating or damaging the Operator's normal
betting operations (including the Internet Betting Service).
3.12 The use of artificial intelligence or "bots"
on the Internet Betting Service is strictly forbidden. Likewise, any
application that uses any or all of the data contained on the Internet Betting
Service for purposes (including but not limited to commercial purposes) other
than participating in the Internet Betting Service (e.g. via screen scraping)
is prohibited. The Operator will take measures to prevent and detect the use of
programs that are designed to enable artificial intelligence (non-humans) to utilise
or benefit from the data contained on the Website. Any attempted or actual use
of artificial intelligence by the Customer will lead to termination of their
Account in accordance with Clause 3.9 and Clause 3.11.
3.13 The Customer can cancel their Account at any time by
informing the Operator in writing at support@sbotop.com. If
the Customer does so, they must stop using the Internet Betting Service
immediately.
3.14 The suspension or cancellation of the Customer's
Account will not affect either party's statutory rights or liabilities.
3.15 The Customer may open only one Account. Any additional
accounts that are funded may be closed and the deposit amount returned to the
Customer or all such accounts may be treated as one joint Account, in either
case at the Operator's discretion.
4
LICENCE
4.1 The Operator grants the Customer a personal,
non-exclusive, non-transferable and revocable licence to install and use the
software required for the use of the Internet Betting Service (the "Software").
The Customer may use the Software solely for participation in the Internet
Betting Service.
4.2 The Internet Betting Service and all pictures,
graphics, photographs, animations, videos, music, audio, text and live feeds on
the Website and the Software are and will remain the property of the Operator
and are protected by intellectual property laws, including copyright. They may
not be reproduced without the Operator's prior written consent.
4.3 Except as permitted by these terms and conditions, the
Customer may not copy, use, modify, create derivative works from or distribute
the Software or written materials associated with the Internet Betting Service,
decode, reverse engineer, dissemble, decompile or otherwise translate or
convert the Software or any part of it or transfer, loan, lease, assign, rent
or otherwise sublicense the Software or do any of the above to any copy,
adaptation, transcription, or merged portion of the Software. Without limitation,
the above activity includes any form of denting, hacking, attacking,
manipulating or damaging of the Internet Betting Service.
5
PAYMENT AND SECURITY
5.1 Money in the Customer's Account is used to place bets
with the Operator. The Customer is not allowed to place a bet greater than the
amount deposited in their Account. Any winnings are placed into the Customer's
Account. Deposits and withdrawals are initially actioned by the Customer
through the Internet Betting Service.
5.2 The Customer accepts and authorises the Operator to
instruct its payment management/processing provider to handle the processing of
Account deposits and withdrawals. Thereby the Customer allows the Operator to
give such instructions on the Customer's behalf. The Operator reserves the
right to withhold payment of any funds if suspicion or evidence of manipulation
of the Internet Betting Service arises. The Operator may take action against
the Customer or any other party who manipulates, or tries to manipulate, the
Internet Betting Service or any part of it. The Customer accepts and
acknowledges that the Operator's payment management/processing providers may
impose limits on the amount that can be paid out for any withdrawal request
within a twenty four (24) hour period and therefore the Operator is entitled to
limit the payout of the Customer's withdrawal amount in a twenty four (24) hour
period to the sum of GBP50,000 or currency equivalent, or the maximum
withdrawal amount referred to in Clause 5.8, whichever shall be the lesser.
5.3 To maintain a high level of security to protect the
Customer's funds, the Operator performs random security checks. This may
include further proof of identity or proof of residence details to validate
documentation previously provided. The Customer hereby accepts that the
Operator maintains the right to demand additional documentation in order to
verify the Customer as the cardholder in the event of such a security check.
5.4 The Customer has the responsibility for checking the
available funds in their Account (the "Betting Funds") before
or after each betting transaction and prior to departing from the betting
session. If the Customer suspects any errors, they must report it immediately
to the Operator. Failure to do so will result in the Customer waiving their
rights to raise future disputes and acceptance of all previous betting records
as true and correct.
5.5 The Customer must inform the Operator as soon as
reasonably possible if they believe that their Account information is being
misused in any way by a third party so that the Operator may suspend their
Account. The Operator will not be held responsible for any reasonable delay in
such suspension.
5.6 Unless otherwise stated in these terms and conditions,
no bet can be cancelled once confirmed by the Operator. All bets stand once
confirmed whether the Customer is online or offline. The Operator reserves the
right to refuse any bet.
5.7 It is a legal requirement of the Tobique Gaming
Commission that, (i) on the first occasion a Customer is involved in a
transaction (including deposits and withdrawals of funds) which exceeds €3,000
(or currency equivalent); or (ii) when taken together with all other
transactions made by a Customer within the 30 days immediately preceding the
date on which the transaction is to be made, the aggregate amount exceeds
€3,000 (or currency equivalent) (each of the aforesaid to be referred to as the
"Qualifying Transaction") then, amongst others, satisfactory
documents as proof of identity, residential address and if required, source of
funds must be provided by the Customer to the Operator for the Operator to take
such necessary steps as may be imposed on the Operator by any legal
requirement, including fulfilling any verification obligations. Subject to the
Operator’s rights to obtain from the Customer, any further or other document or
documents that the Operator deems fit, the Customer shall provide a copy of a
current and still valid government issued photo identification as the
Customer’s proof of identity and a copy of a document issued by a governmental
authority or a periodical document addressed to the Customer from a bank or
financial institution or a utility provider as the Customer’s proof of
residential address where such proof of residential address must not be more
than 90 days old.
5.8 Subject to the terms contained in these terms and
conditions or any applicable law, the Customer may withdraw Betting Funds from
their Account at any time. However the Customer shall not make any request for
withdrawal of Betting Funds until any prior withdrawal request from the
Customer has been paid out or withdrawn or cancelled. Further, in the event a
request for withdrawal has been paid out, the Customer shall only be entitled
to make a further request after 24 hours has lapsed since the prior withdrawal
request that was paid out was made. The Customer shall be liable for all costs,
taxes, levies and charges (including but not limited to bank and payment
provider charges) incurred by the Operator in processing the Customer’s
withdrawal of Betting Funds from or deposit of funds to the Customer’s Account.
Further the Customer must meet a minimum bet turnover threshold of three times
the amount deposited prior to making a withdrawal. If the Customer fails to
meet this minimum requirement, the Customer will incur a five percent (5%)
processing fee on the deposit amount or the withdrawal amount or both, which
processing fee shall be deducted from the Customer's Account and from any
Betting Funds to be withdrawn by the Customer. The Operator may at its sole
discretion waive such costs, taxes, levies, charges and processing fees but any
such waiver shall not be deemed as a waiver of future costs, taxes, levies,
charges and processing fees. Such waiver shall only be considered by the
Operator if the Customer, amongst others, has met the minimum turnover
requirement above as well as certain other (but not all) terms in respect of
the available payment options. These other terms and the minimum & maximum
amounts that can be deposited or withdrawn can be viewed by clicking here. The
computation of the Customer’s bet turnover for the purposes of this Clause
shall only include the value of winning and losing bets. The value of bets with
any other outcome shall be excluded.
5.9 Subject to any limitations imposed by the Operator's
payment management providers, any applicable taxes and fees in connection with
any awarded prize are the Customer's sole responsibility. Prizes cannot be
transferred, substituted, or redeemed for any other prize.
5.10 Notwithstanding the terms of Clause 5.8 above, the
Operator reserves the right, at its absolute discretion, to charge a sum
equivalent to 5% (five percent) on any amount deposited or withdrawn or on both
deposits and withdrawals made by the Customer, as the case may be, at any time
and from time to time if the Operator shall in its sole discretion see fit. In
the event that the Operator exercises this right, this sum of 5% (five percent)
of the amount or amounts deposited or withdrawn by the Customer shall be
immediately deducted from the Customer's Account.
6
ANTI-MONEY LAUNDERING PROVISIONS
6.1 Under the laws of the Tobique Gaming Commission, which
licences the Operator, there is a requirement for the Operator to obtain
certain documents from the Customer as stated in Clause 5.7 above when the
Customer makes a Qualifying Transaction or at any time that the Operator may
deem necessary.
6.2 Upon the compliance of the documentary requirements
stated in Clause 5.7 by the Customer (the "KYC Compliance"),
then the KYC Compliance shall remain in effect for so long as the documents
submitted shall not be invalidated for any reason whatsoever and the Customer
shall be at liberty to make a deposit or a request for withdrawals, of Betting
Funds at any time.
6.3 The Operator will only credit Betting Funds into the
Account of the Customer that placed the winning bet. Further, the Operator will
only pay out Betting Funds via the method that the Betting Funds were deposited
into the Account.
6.4 The Operator reserves the right, at its reasonable
discretion, to suspend the crediting or payment out, of any Betting Funds,
pending a full investigation (including providing details to the relevant law
enforcement agency where appropriate), where it suspects that the Betting Funds
being or have been deposited or attempting to be withdrawn by a Customer, for
the purposes of money laundering. An example of where this might occur includes
where a Customer deposits a substantial sum in Betting Funds and then attempts
to withdraw these Betting Funds having only conducted minimal betting activity
on the Internet Betting Service. Full credit or repayment of the Betting Funds
will be made to the Customer where the investigation reveals no evidence of
money laundering.
6.5 Notwithstanding the terms of Clause 5.7 above, the
Operator reserves the right, at its absolute discretion, at any time and from
time to time to request that the Customer provides the satisfactory documents
as proof of identity, residential address and source of funds referred to in
Clause 5.7 above. Failure by the Customer to provide this evidence may result
in the Customer's Account being suspended, which shall include the suspension
of any crediting of deposits or processing of withdrawal requests.
7 BETS
7.1 In making a bet, the Customer will determine the amount
of his own stake, subject to the following:
(a) the restrictions on winnings permitted under Clause 10;
(b) the restrictions on bets set out in this Clause 7.1;
(c) the minimum and maximum amount of any bet will be as
indicated on the Internet Betting Service;
(d) if a Customer places a bet, the stake for which would
exceed any limits adopted pursuant to this Clause 7.1, such bet will be void;
and
(e) the restrictions on bets and winnings as set out in
Clause 12.
7.2 If a bet is not made in full or if details of it are
missing, the Operator may, at its discretion, deem such bet to be void.
7.3 A Customer will not be entitled to make multiple bets
which combine different selections within the same event. In the event that
such a bet is accepted in error, it will be void.
7.4 Subject to Clause 7.5, a Customer may send multiple
copies of the same bet in which case all such bets will be treated as separate
bets. If a Customer submits a number of bets (whether identical or different),
they will be dealt with by the Operator in the order in which they are
received.
7.5 The Customer must make their bets as an individual. The
Operator will be entitled to reject and treat as void a series of identical
bets from different Customers or where the Operator suspects that Customers are
acting in collusion or as a syndicate with any other individual(s) and will be
entitled to refuse payment of any winnings.
7.6 Bets on events in which the Customer is participating
(and whether the Customer is participating for this purpose will be decided by
the Operator in its absolute discretion) are not permitted.
7.7 In making a bet, the Customer represents and warrants
to the Operator to not knowing nor having any influence over the outcome of the
event in respect of which the bet is made. If the outcome is known, the
Operator may treat the bet as void.
7.8 The Operator reserves the right to make any amendments
or corrections to any event information (including but not limited to the team
names, event time, venue, league title) displayed on the Internet Betting
Service at any time. In such circumstances an electronic announcement will be
displayed on the Internet Betting Service. The Customer acknowledges and agrees
that the prices, odds or handicaps in respect of any event displayed or
broadcasted to the Customer may differ or vary from those being displayed or
broadcasted to any other end user customer or any group of them. In this regard
the Operator has the right, at any time and from time to time, in its absolute
discretion and without giving any reason or advance notice, to display or
broadcast prices, odds or handicaps in respect of any event to the Customer
that is different from those being displayed or broadcasted to any other end
user customer or any group of them.
7.9 In order to make a bet, there must be available Betting
Funds in the relevant Customer's Account equal to or exceeding the amount of
the stake. If the Customer's available Betting Funds do not cover the aggregate
stakes wagered at any one time, the Operator will refuse the bets.
7.10 All prices, odds or handicaps quoted are subject to
variation and become fixed only at the time when a bet is accepted by the
Operator. Where a manifest error (whether caused by human error or otherwise)
or systems failure results in incorrect prices, odds or handicaps being offered
or produces incorrect or erroneous game results, any bet (or part of a bet)
made on the basis of them will be void. If such error is noticed beforehand,
the Operator will use all reasonable endeavours to notify the Customer
concerned in order to enable him to place another bet at the correct prices,
odds or handicaps and, in the case of interactive betting games, the Operator
will immediately void the game and return all bets placed to the Customer's
Account.
7.11 Where a bet is settled incorrectly due to, for
example, an erroneous result being recorded on the Internet Betting Service,
such settlement will be invalid and reversed. If the Customer has insufficient
Betting Funds to permit such a reversal, they will be required to return the
erroneously credited funds in accordance with Clause 12.6.
7.12 The Operator may, at any time, in its absolute
discretion and without giving any reason or advance notice, suspend a market,
cease betting on a market, refuse to accept any bet or any part of a bet and/or
suspend or close any Customer's Account.
8
PLACING A BET
8.1 Bets may only be placed via the Website, the WAP Site
or such other platforms employed by the Operator unless an alternative prior
arrangement has been made with the Operator (the "Betting Method").
8.2 A bet is accepted only when confirmed by the Operator
via the Betting Method (that is, when the bet appears in the bet list of the
Customer's Account under the item "Accepted" and an
identification number has been allocated to it).
8.3 If a bet is declared "invalid" or
"void" for the purposes of these terms and conditions, it will
be evaluated at odds of 1.00. For individual bets, the stake will be refunded
with 1.00 odds to the Customer's Account. For combination bets, the total odds
of the combination bet will be recalculated with 1.00 odds of the selection
that has been declared invalid or void.
8.4 The deadline for placing bets will in each case be
determined by the Operator. Notwithstanding the foregoing, if a bet (other than
a Live bet as stated on the Website) is placed after the commencement of the
event in respect of which the bet is made, the bet will be invalid and will be
evaluated at odds of 1.00. For events for which no official start is declared,
the generally advertised start time (as determined by the Operator) for the
event will be deemed to be its commencement time. Disputes over the times when
bets are placed will be finally settled by reference to the Operator's
transaction log.
8.5 The Customer will be responsible for ensuring that
their bets are correct. Bets placed and accepted within the relevant time limit
may not be revoked or changed except as expressly provided in these terms and
conditions.
8.6 The Operator assumes no responsibility for:-
(a) typing, transmission and/or evaluation errors in
respect of any bets and will be entitled (after the event, if necessary) to
correct manifest errors relating to odds or the reporting of results;
(b) the accuracy, completeness or currency of the
information services provided (in particular but without limitation, for
information provided by third parties);
(c) the accuracy of live scores, statistics and
intermediate results in respect of all betting.
9
RESULTS AND EVALUATION OF BETS
The
Operator will evaluate Customers' Accounts depending on the results of the bets
they place. In doing this the Operator recognises only the official results
achieved in the field of play and/or the outcome of the randomly generated
results of the interactive games and/or the race events and/or the financial
betting products for settlement purposes. Subject as otherwise provided in
these terms and conditions, the Sports Betting Rules or the Games Betting
Rules(collectively referred to as the “Betting Rules & Regulations”),
the winner of an event is the participant whom the relevant official
decision-making body declares to be the official winner at the termination of
the event (according to the time of the venue for the event), as reported on
the official websites of the tournament organisers or by the relevant press
agency or association of the country where the event takes place. In the case
of Random Number Generator ("RNG") games, the Customer
acknowledges that the Operator's RNG and other randomly generated events are
part of the Internet Gaming Service and that the Customer agrees to accept such
randomly generated results performed by the RNG, as final and conclusive. In
the event of a manifest error and where the correct outcome is available on a
video recording or in the public domain, the Operator shall use its best
endeavours to determine the correct outcome to be used to determine the winner
and/or the result of the bets placed. In such cases, the Operator's decision
shall be final. Changes in results, rankings or the order of competitors made
after that time for any reason whatsoever (including, without limitation,
disqualification, disciplinary decision, tribunal or court decision or appeal)
will be disregarded for the purposes of deciding the outcome of the bet. In
case of any violation of sports or race laws, the Operator will be entitled to
freeze and withhold any winnings for such period as it will think fit or
indefinitely. (For more information see the Betting
Rules & Regulations.)
10
CALCULATION OF, AND LIMITS ON, WINNINGS
10.1 For bets with fixed odds, the winnings are calculated
by multiplying the stake by the prescribed odds or prices displayed at the time
when the bet is accepted by the Operator.
10.2 Winnings from settled bets will be credited to the
Customer's Account. Winnings cannot be transferred, substituted, or redeemed
for any other prize. Any applicable taxes and fees in connection with any
winnings are the Customer's sole responsibility.
10.3 The Operator reserves the right to impose limits on
the winnings accruing from any one bet placed on a particular event or sport
(regardless of the stake or whether the bet has been placed through more than
one separate channel), such limit to be notified by the Operator from time to
time.
10.4 If the Customer places a successful bet, the winnings
for which exceed the limits set out in this Clause 10, the Operator will only
be liable to pay up to such limit and the balance of the bet. The Operator will
not be liable to pay any winnings in excess of this.
10.5 The Operator reserves the right to impose limits on
the winnings accruing from the successful bets made by any one Customer in any
twenty four hour period or in any one week (Monday 0:01 hours until Sunday
24:00 hours (Greenwich Mean Time) (regardless of the stake or whether the bet
has been placed through more than one separate channel) and in order to
determine the timing of a relevant bet for this purpose, reference will be made
to the time when the final event for such bet is resolved rather than the time
when the bet is made.
10.6 The Operator may lay down limits on winnings for bets
different from or additional to those specified in Clause 10.3, Clause 10.4
and/or Clause 10.5 and/or determine specific winning limits for individual
Customers, subject to notifying such Customers.
10.7 If more than one bet and/or a combination of single
and combination bets is placed with the same selections and the Operator
determines or suspects that they have originated from a single Customer, or any
Customer acting in collusion or as a syndicate with any other individual(s) or
if a Customer has opened several Accounts and has placed the same bet on each
of them contrary to these terms and conditions, without prejudice to any other
remedies or rights the Operator may have in such circumstances, the Operator
will be entitled to apply the relevant limits on winnings set out in this
Clause 10 to the aggregate winnings on all such bets as if such bets were a
single bet and/or to reduce the stake to the extent necessary in order to
comply with such limits on winnings.
11
SPECIAL RULES FOR SPECIFIC SPORTS AND OTHER EVENTS
11.1 The Operator accepts bets for sporting, racing and
other events available on the Website. All such bets are subject to the rules
specific to each relevant sport, race or event or RNG game and it is the
responsibility of each Customer to make himself aware of all such rules to the
extent relevant to any bets they place.
11.2 Special rules relating to different types of sports,
races and RNG games and which will apply to bets made on those sports, races or
games are set out in the Betting Rules &
Regulations. These Betting Rules &
Regulations may be amended at any time.
12 THE
CUSTOMER'S REPRESENTATIONS
12.1 The Customer represents, warrants and certifies that
they have reached the age of 18 or the legal age required for gambling in the
Customer's jurisdiction, whichever is the greater. The Customer also warrants
that they will not access the Internet Betting Service from within a
jurisdiction that prohibits gambling nor will they access (or register to use)
the Internet Betting Service at any time if they are a citizen of a nation
state that prohibits its citizens from participating in gambling (regardless of
their location).
12.2 The Customer represents, warrants and certifies that
they fully accept that all computer instructions and responses sent over the
Internet to and from the Internet Betting Service and the Software will be
binding on the Customer.
12.3 The Customer further represents, warrants and
certifies that:
(a) the Customer is not prohibited from placing any bet by
any term of the Customer’s contract of employment or any rule of an
international or domestic body, organisation, association, federation or other
such entity that governs or oversees any sport (“Sport Governing Body”)
which applies to the Customer; and
(b) the Customer is not aware of any circumstances which
would make the placing of any bet with the Operator a breach of a rule on
betting applied by a Sport Governing Body; and
(c) where the bet is placed on the outcome of a race,
match, competition or other event or process or on the likelihood of anything
occurring or not occurring (the “Event”) the Customer has no prior
knowledge of or has no influence over the outcome of the Event.
12.4 In the event of any of the Customer’s representations
in this Clause 12 proving to be false the Customer’s stake will be forfeit and
the Operator shall not be obliged to pay any winnings which might otherwise
have been payable in respect of that bet.
12.5 The Customer understands that by using the Internet
Betting Service they may lose money on bets placed and they accept full
responsibility for such loss. The Customer agrees that their use of the Website
is at their sole risk.
12.6 Should funds be credited to or debited from a
Customer's Account in error, it is the Customer's responsibility to notify the
Operator of the error without delay. Any sums credited to the Customer due to
the error will be deemed invalid and must be returned to the Operator. Funds
credited to an Account in error are not available to bet with and the Operator
reserves the right to void any transaction involving such funds. For the
avoidance of doubt, where the Customer has a credit balance and further sums
are erroneously added to this, the Customer is permitted to transact up to the
level of funds available in their Account excluding the erroneously added
funds. The Customer agrees to indemnify the Operator for the return of any
erroneously credited funds that the Customer has withdrawn.
13 NO
WARRANTY
13.1 The Operator will endeavour to provide the Internet
Betting Service using its reasonable skill and care. The Operator makes no
further warranty or representation, whether express or implied, in relation to
the Internet Betting Service. Any implied warranties or conditions relating to
satisfactory quality, fitness for purpose, completeness or accuracy are hereby
excluded.
13.2 The Operator makes no warranty that the Internet
Betting Service will meet the Customer's requirements or will be uninterrupted,
timely, secure or error-free, that defects will be corrected, or that the
Internet Betting Service or the server that makes it available are free of
viruses or bugs, nor does the Operator make any warranty as to the full
functionality, accuracy, reliability of the materials supplied by the Operator
or results of the Internet Betting Service or the accuracy of any information obtained
by the Customer through the Internet Betting Service.
13.3 The Customer should be aware that the quality of the
internet connection to the Internet Betting Service and WAP internet connection
varies from customer to customer and may not be absolutely stable. The Operator
is not responsible for any misplaced bets. All bets placed will be based on the
bet records in the Operator's system.
13.4 The Operator carries out regular maintenance to the
Internet Betting Service to ensure, as much as possible, that an optimum gaming
experience is provided to the Customer. During such maintenance sessions, the
Customer acknowledges and agrees that access to the Internet Betting Service
may be limited to allow for such necessary repairs, maintenance or the
introduction of new facilities or services. The Operator will make reasonable
efforts to notify Customers of such downtime in advance of it occurring
(whether via an advance schedule of downtime or period notifications on the
Internet Betting Service) and resume the service as soon as it reasonably can.
14
LIMITATION OF LIABILITY
14.1 The Customer agrees that their use of the Internet
Betting Service is at their sole risk.
14.2 The Operator will not be liable in contract, tort,
negligence, or otherwise, for any loss or damage whatsoever arising from or in
any way connected with the Customer's use of the Internet Betting Service,
whether direct or indirect, including, without limitation, damage for loss of
business, loss of profits, business interruption, loss of business information,
loss arising from downtime or any other pecuniary or consequential loss (even
where the Operator has been notified by the Customer of the possibility of such
loss or damage). Further, liability for such damage will be excluded, even if
the exclusive remedies provided for in these terms and conditions fail for
their essential purpose.
14.3 The Operator will not be liable or responsible to the
Customer for any loss or damage incurred or suffered by the Customer as a
result of any suspension or stoppage (whether temporary or permanent) of the
Internet Betting Service arising from any governmental order or change in
policy by the regulator.
14.4 The Operator will not be responsible or liable to the Customer
for any loss of content or material uploaded or transmitted through the
Internet Betting Service and the Customer confirms that the Operator will not
be liable to the Customer or any third party for any modification to,
suspension of or discontinuance of the Internet Betting Service.
14.5 The Operator reserves the right to withdraw the
Internet Betting Service or elements of the Internet Betting Service at any
time, and will not be liable to the Customer as a result of any such action.
14.6 The Operator will not be responsible for any breach of
these terms and conditions caused by circumstances beyond its reasonable
control.
14.7 The Operator will not be liable to the Customer for
any use of the Internet Betting Service that is contrary to the law of the
jurisdiction in which the Customer is located. The Customer should note that
where local law prohibits their participation in the Internet Betting Service,
it is contrary to these terms and conditions for the Customer to participate in
the Internet Betting Service.
14.8 Certain statutes, rules and regulations may imply
certain non-excludable warranties or conditions and to the extent such are not
permitted to be excluded, the Operator's liability for breach of such
conditions or warranties and the Customer's sole and exclusive remedy will be
limited to the reimbursement of the Customer's available Betting Funds in the
Account and the value of any bets on unsettled events.
15
INDEMNITY
15.1 The Customer agrees to fully indemnify, defend and
hold the Operator, and its officers, directors, employees, agents and
suppliers, harmless immediately on demand, from and against all claims,
liabilities, damages, losses, costs and expenses, including legal fees, arising
out of any breach of these terms and conditions by the Customer or any other
liabilities arising out of the Customer's use of the Internet Betting Service
or use by any other person accessing the Internet Betting Service using the Customer's
Account details.
15.2 The Customer agrees fully to indemnify, defend and
hold the Operator, and its officers, directors, employees, agents and
suppliers, harmless immediately on demand, from and against all claims,
liabilities, damages, losses, costs and expenses, including legal fees, arising
out of any breach of warranties or representations including, but not limited
to, the representations that the Customer is not a citizen or a resident of a
country which prohibits such gaming activities nor will they access the Internet
Betting Service from a jurisdiction where such betting activity is prohibited
by law.
15.3 The Customer will indemnify the Operator for all
losses and damages suffered by the Operator as a result of wrongdoings and/or
fraud committed by the Customer or group of Customers acting in concert or as a
syndicate. "Wrongdoings and/or fraud" will include but not be
limited to attempts to beat the Betting Rules & Regulations, single account
per customer, betting limits, win limits, hacking, use of artificial
intelligence or bots, providing false personal information, and/or any actions
and/or omissions which the Operator reasonably deems to be a fraud and/or
wrongdoings.
16
TRANSFER
The
Customer may not transfer any of their rights under these terms and conditions
to any other person. The Operator may transfer its rights under these terms and
conditions to another business where the Operator reasonably believes that the
Customer's rights will not be affected.
17
THIRD PARTY CONTENT
17.1 The Internet Betting Service provides content from
other Internet sites or resources ("Third Party Content") and
while the Operator takes all reasonable steps to ensure that material included
on the Internet Betting Service is correct, reputable and of high quality, the
Operator does not make any warranties or guarantees in relation to Third Party
Content and will not be held liable by the Customer for any such Third Party
Content. If the Operator is informed of any inaccuracies in the Third Party
Content contained on the Internet Betting Service, it will attempt to correct
the inaccuracies as soon as it reasonably can.
17.2 The Operator makes no representations or warranties
regarding any third party websites linked to the Internet Betting Service
("Linked Sites"), the entities which operate the Linked Sites
or which feature on the Linked Sites. The Operator will not accept liability
for any loss (including any indirect or consequential loss) or damage the
Customer may suffer directly or indirectly as a result of using any of the
Linked Sites or relying on any material contained therein. The Customer
acknowledges that the Customer's access to and use of any of the Linked Sites
is entirely at their own risk.
18
THIRD PARTY RIGHTS
Except
insofar as these terms and conditions expressly provides that a third party may
in their own right enforce a term of these terms and conditions, a person who
is not a party to these terms and conditions has no right under local law or
statute to rely upon or enforce any term of these terms and conditions.
19
TECHNICAL MALFUNCTIONS
19.1 If there is a discrepancy between the result showing
on the Software and the Operator's server, the result showing on the Operator's
server will govern the result of the Internet Betting Service. In the event of
system malfunction or damage which results in the loss of data, the Operator
will make reasonable efforts to recover all historic data and all recovered
data will be deemed official.
19.2 Where there is any malfunction of the electronic
display in live betting, the settlement will follow the actual result of the
relevant event pursuant to the Betting Rules & Regulations.
19.3 Any failure on the Customers' side including but not
limited to network connection or computer problems, will not void the bet
result. Customers can check their own bet history in the Statement section of
their Account to see how any bet was determined.
20
SETTLEMENT OF DISPUTES
The
Customer understands and agrees that (without prejudice to their other rights
and remedies including the referral to an agreed dispute resolution process)
the Operator's records and subsequent management decision will be the final
authority in determining the terms of the Customer's participation in the
Internet Betting Service, the activity resulting therefrom and the
circumstances in which they occurred.
21
NOTICES
If the
Customer has any dispute with regard to any outcome of any bets or any other
activity, the Customer must submit their complaint to the Operator in writing
within 72 hours of the event's start time of the incident by email to support@sbotop.com. Any
notice the Operator gives to the Customer (save as otherwise set out herein)
will be sent to the email address that the Customer provided when the Customer
registered the Customer's Account. It is the Customer's responsibility to give
the Operator notice of any changes to this address by writing to support@sbotop.com setting
out the updated details and to regularly check their email account for emails
from the Operator.
22
SBOtv
22.1 Viewing SBOtv
(a) SBOtv is only available to SBOTOP account holders.
(b) Due to licensing restrictions, viewing of SBOtv may
sometimes be restricted in relation to certain sporting events in the
Customer’s region.
(c) SBOtv is currently available to all Customers for free.
However, the Operator reserves the right, upon proper notice, to introduce
other fees, subscriptions or charges or conditions for access in the future.
(d) The Operator may refuse access to SBOtv to any Customer
at its absolute discretion.
(e) By accessing SBOtv the Customer agrees and accepts
these terms and conditions.
22.2 STREAMING TIME LAG
(a) Customers who access SBOtv are hereby advised that
although the content is promoted as 'live', they may, depending on the region
and the Customer’s personal internet access speed, sometimes experience
streaming time lags of between 5-10 seconds (or longer) behind the actual game.
(b) SBOtv is provided as an added service to Customers and
is for personal and recreational enjoyment. Reliance on SBOtv to place bets is
done so entirely at the Customer’s own risk and the Operator accepts no
responsibility whatsoever and shall not be liable to the Customer for any
direct or indirect loss, including any loss of profit, reputation, goodwill or
business, suffered by the Customer as a result of the Customer’s reliance on
SBOtv.
22.3 EXCLUSION OF LIABILITY
(a) The Operator makes no representations or warranties,
express or implied, on the quality of the content and streaming speed of SBOtv
or its availability in any region or on the Customer’s computer.
22.4 SBOtv CONTENT
(a) The Operator reserves the right to change, vary,
suspend, replace, discontinue, withdraw or terminate any content on SBOtv (or
SBOtv service itself) at its absolute discretion and without prior notice.
22.5 GENERAL
(a) The terms and conditions of use of the SBOtv may be
amended by the Operator at its absolute discretion from time to time. It is the
Customer’s responsibility to check these terms and conditions from time to time
to ensure that the Customer agrees with them and the Customer’s continued use
of SBOtv will be deemed to be the Customer’s acceptance of any changes to the
terms and conditions.
23
GENERAL
23.1 If any part of these terms and conditions will be
deemed unlawful, void or for any reason unenforceable, then that provision will
be deemed to be severable from these terms and conditions and will not affect
the validity and enforceability of any of the remaining provisions of these
terms and conditions.
23.2 The time stamp on all records either stored in or
written to the Operator's transactional database including but not limited to
bets (whether accepted or declined), announcements, messages and reports shall
be recorded as Greenwich Mean Time (GMT) minus 4 hours.
23.3 No waiver by the Operator of any of these terms and
conditions will be construed as a waiver of any preceding or succeeding breach
of any of these terms and conditions.
23.4 Unless otherwise expressly stated, nothing in these
terms and conditions will create or confer any rights or any other benefits in
favour of any person other than the Customer and the Operator.
23.5 Nothing in these terms and conditions will be
construed as creating any agency, partnership or any other form of joint
enterprise between the Customer and the Operator.
23.6 Clause 15 (Indemnity) will continue in force
after and despite expiry or termination (for whatever reason).
23.7 The Customer agrees to be bound by and adhere to
the Betting Rules & Regulations in
their participation in the Internet Betting Service. The Operator also reserves
the right to modify these Rules at
any time.
23.8 The Operator may, at its absolute discretion amend,
revise or update these terms and conditions from time to time for legal or
regulatory reasons or to allow the proper operation of the Internet Betting
Service. It is the Customer’s responsibility to check these terms and
conditions from time to time to ensure that the Customer agrees with them and
the Customer’s continued use of the Internet Betting Service will be deemed to
be the Customer’s acceptance of any amendments, revisions or updates or changes
to these terms and conditions.
23.9 These terms and conditions, as published in English
from time to time, govern this contract. Translations into other languages are
made as a service and are made in good faith. In the event of ambiguity between
the English version and a translation, the English version prevails over any
translation.
23.10 These terms and conditions contain the entire
agreement between the Customer and the Operator relating to the Internet
Betting Service. The Customer confirms that, in agreeing to accept these terms
and conditions, the Customer has not relied on any representation save insofar
as the same has expressly been made a representation in these terms and
conditions. The Customer agrees that the Customer will have no remedy in
respect of any misrepresentation which has not become a term of these terms and
conditions save that the Customer's agreement will not apply in respect of any
fraudulent or negligent misrepresentation whether or not such term has become a
term of these terms and conditions.
23.11 The Internet Betting Service is subject to the laws
and regulations of the Tobique Gaming Commission and any dispute arising out of
or relating to these terms and conditions, the Internet Betting Service,
prizes, Website, Software, the Operator, the developer of the Software, and/or
the Operator's payment management company will be governed by Tobique Gaming
Commission.
24
RESPONSIBLE GAMBLING POLICY
The
Operator is committed to responsible gambling. To see our responsible gambling
policy, please click here.
25
PRIVACY POLICY
To see
our Privacy Policy, please click here.