Effective Date: 3/29/2021
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PARTICIPATION ON BETWAY. YOU MUST BE PHYSICALLY LOCATED IN COLORADO IN ORDER TO PLAY AT BETWAY.
THESE TERMS REQUIRE YOU ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
Table of Contents
- Who We Are
- Your Relationship with Betway
- Pre-Conditions to Opening an Account
- Opening an Account
- Account Security
- Deposits & Withdrawals
- Suspension & Termination
- Suspicious Betting
- Master Offer and Promotions Terms
- Terms Applicable to Apple iOS
- Betting Apps
- Disconnections and Malfunctions
- Errors & Suspected Errors
- Right of Set-Off
- Responsible Gambling
- Inactive Accounts, Charges and Statements of Account Activity
- Closure of Accounts
- Software and Downloads, Location Services and SMS Service Alerts
- Systems Failure & Hacking and Other Offenses
- User Generated Content
- Your Personal Data
- No Warranty
- Intellectual Property Rights
- Disputes & Governing Law
- Contact Us
1. Who We Are
Our websites (including, without limitation: https://us.betway.com, https://co.betway.com and other websites that link to these Terms)(each, a “Website” and collectively, the “Websites”) and the mobile, tablet and any other Betway mobile apps (all of which together are referred to herein as the “Betting Apps”) (the Websites and Betting Apps and any services or functionality available in connection therewith are collectively referred to as the “Services”) are operated and controlled by Digital Gaming Corporation USA, d/b/a Betway (referred to herein as “Betway”, “we”, “us”, or “our”) under an agreement with GF Gaming Corporation (“GF”), pursuant to the oversight, regulatory requirements, and licensing of the Colorado Department of Revenue Division of Gaming (the “Division”).
2. Your Relationship with Betway
2.2. By accessing, using or otherwise participating on the Services, you accept and agree to be legally bound by these Terms, whether or not you sign-up as a member of the Services. If you do not agree to accept and be bound by the Terms, please discontinue your use of the Services. It is important that you review these Terms regularly. We may impose limits on certain features, activities, offers, promotions or services and may restrict, suspend, terminate your access to the Services or your ability to participate in activities, offers, promotions or Services, in whole or in part, at any time and for any or no reason, with or without prior notice and without liability.
3.1. Betway reserves the right to amend the Terms at any time, as may be required for a number of reasons, including, without limitation, for commercial reasons, to comply with law or regulations, to comply with instructions, guidance or recommendations from a regulatory body, or for customer service reasons. Where we wish to make material changes to the Terms, you will be notified of material changes before they come into effect.Any such revision will be binding and effective from such date as is specified in such notice. Your continued use of the Services will be deemed to be your acceptance of any changes we may make. The date on which each relevant document comprising the then current Terms came into (or will come into) force will be as stated in the date contained at the top of the Terms page. Please check these Terms frequently for updates.
3.2. Betway may, in its absolute discretion, alter or amend or withdraw any betting or gaming from the Services or any part thereof, at any time, and may alter prices, features, specifications, capabilities, functions and/or other characteristics of the bets, games and/or Services.
3.3. Betway may also at its discretion engage new or alternative third party service providers in respect of the Services. By registering or playing with any such third parties, you thereby provide your consent to any applicable additional terms and conditions of such third parties as they may be amended from time to time, including, but not limited to, any change to the third party service provider itself.
4. Pre-Conditions to Opening an Account
4.1. Excluded Persons.The following people are not permitted to establish an Account (defined below) with Betway (each, an “Excluded Person”):
4.1.1. An individual on Betway’s operator exclusion list.
4.1.2. A member, officer, agent, or employee of the Colorado Limited Gaming Control Commission (“Commission”) or the Division or a member of their immediate families.
4.2. Underage gaming. PLEASE NOTE THAT ANYONE UNDER THE AGE OF TWENTY-ONE (21) YEARS OLD FOUND TO BE USING THE SERVICES, AS WELL AS ANYONE WHO FACILITATES SOMEONE UNDER THE AGE OF TWENTY-ONE (21) YEARS OLD USING THE SERVICES, WILL BE REPORTED TO LAW ENFORCEMENT AND WILL BE SUBJECT TO OTHER LEGAL PENALTIES. UNDERAGE GAMBLING IS A CRIMINAL OFFENSE AND ANYONE WHO FACILITATES GAMBLING BY A PERSON UNDER THE AGE OF TWENTY-ONE (21) HAS COMMITTED A CRIMINAL OFFENSE AND SHALL BE PROHIBITED FROM INTERNET GAMING. Betway takes its age-verification responsibilities very seriously. We carry out age-verification checks on all customers at the time of Account establishment. We may ask for information to verify your age and identity and can restrict or suspend your Account until your age is confirmed.By signing up for an Account, you consent to our confirmation of your age and identity.
4.3. Pre-Conditions. In order to register a Betway Services player account (each, an “Account”) with us, you hereby agree, represent and warrant that:
4.3.1. you are at least twenty-one (21) years of age. It is an offense for anyone under the age of twenty-one (21) to open an Account or to gamble with Betway. We reserve the right to request proof of age documentation from any applicant or customer at any time and to void (subject to any applicable required regulatory approval) any wagers placed by minors;
4.3.2. you agree to provide accurate registration information when opening your Account, including, without limitation, your first and last name, your correct date of birth, the last four (4) digits and/or the entirety of your social security number, your current address, email address and personal telephone number.You further agree to inform us of any changes in such details;
4.3.3. you acknowledge that you are opening your non-transferable account with Betway solely for your personal use, and are acting as a principal and not as an agent on behalf of a third party;
4.3.4. you will not attempt to sell or otherwise transfer the benefit of your Account to any third party and nor will you acquire or attempt to acquire an Account which has been opened in the name of a third party;
4.3.5. you are entirely responsible for complying (and that you comply) with your own local, national, federal, state or other laws concerning betting and gaming prior to opening an Account, placing any bets, stakes or wagers (together “Bets”) or using the Services.In particular, if you are located outside of Colorado, you must not place Bets or participate in any gambling activities on the Services;
4.3.6. you are legally capable of entering into binding contracts, including these Terms and each subsequent Bet (which shall be governed by these Terms);
4.3.7. you are not prohibited for any reason from betting with us or from using the Services;
4.3.8. you are not currently subject to self-exclusion and neither we nor any other operator has excluded you from gambling; and
4.3.9. no regulator has excluded you from gambling.
4.4. No Use Outside of Colorado. There are certain Federal prohibitions and restrictions regarding Internet gaming (i.e. 18 U.S.C. §§ 1084 et seq. (The Wire Act) and 31 U.S.C.§§5136 through 5167 (Unlawful Internet Gambling Enforcement Act)). It is a federal offense for persons physically located outside of Colorado to engage in Internet wagering through a Colorado casino, unless explicitly authorized by the Division. The availability of our Services does not constitute an offer, solicitation or invitation by us for the use of our Services outside of Colorado.Betway shall not be liable for any breach of any local, national, federal, state or other laws that may occur as a result of your using the Services.
4.5. Prohibited Sports Wagering Participants.The following individuals may not participate in sports wagering on the Services:
4.5.1. An individual that is prohibited under C.R.S. § 44-30-1506 from participating in sports wagering.
4.5.2. An individual who has signed up for Betway’s exclusion program.
4.5.3. An individual whose participation may undermine the integrity of the betting or the sports event.
4.5.4. Any person who is prohibited for other good cause, including, but not limited to: (i) any individual placing a wager as an agent or proxy, other than those individuals involved in contests and/or weekly picks approved by the Division pursuant to Rule 6.20 of the Division’s Sports Betting Regulations; (ii) any person who is an athlete, coach, referee, player, in, or on, any sports event overseen by that person's sports governing body based on a list provided to the applicable Sports Betting Operation by that person’s sports governing body through the Division; (iii) a person who holds a position of authority or influence sufficient to exert influence over the participants in a sporting contest, including, but not limited to, coaches, managers, handlers, or athletic trainers based on a list provided to the applicable Sports Betting Operation by that person’s sports governing body through the division; (iv) a person with access to certain types of exclusive information on any sports event overseen by that person's sports governing body based on publicly available information, or based on a list provided to the applicable Sports Betting Operation by that person’s sports governing body through the Division; or (v) a person identified by any lists provided by the sports governing body to the Division.
4.5.5. An individual convicted of a state or federal crime relating to sports wagering.
4.6. Violation of Section 4. In the event that you are found to have breached any of the terms in Sections 4.1-4.5: (i) we may cancel (subject to any applicable required regulatory approval) any Bet you may have placed; (ii) subject to regulatory approval, we shall not be obliged to pay any winnings which might otherwise have been payable in respect of any Bet you placed; and (iii) we may refer the matter to the police, guardians or family members, or any other appropriate regulatory authority.
4.7. Background Checks/Investigations. Betway reserves the right, at our discretion, to perform any and all reasonable investigations on customers for the purpose of verifying information about customers, such as source of funds, background history and criminal history. When you register for an Account, you authorize and consent for Betway to conduct a background check on you, including, without limitation, for the purpose of fulfilling federal and state compliance obligations.You expressly waive the right to receive any disclosures that would normally be required to be made to you by applicable laws as part of an employment screening as you acknowledge that the purpose of the background check is not for employment purposes but rather to ensure the safety of the Betway community. Betway may use a third party service provider to issue the background check and you authorize Betway to provide your information to such third party for purposes of obtaining such background check. To the extent you fail the background check, in Betway’s sole and absolute discretion, you will be denied access to the Services. BETWAY RESERVES THE RIGHT TO CONDUCT ANY BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS OR OTHER THIRD PARTY SOURCES. YOU EXPRESSLY CONSENT TO BETWAY CONDUCTING SUCH BACKGROUND CHECK AT THE TIME YOU REGISTER FOR AN ACCOUNT AND ANY TIME THEREAFTER TO THE EXTENT YOU MAINTAIN AN ACCOUNT ON THE SERVICES.
5. Opening an Account
5.1. In consideration of our accepting your application to establish an Account, you represent (and acknowledge that we and GF, the license holder, may rely on these representations) as follows:
5.1.1. You have read and agree to abide by all of these Terms;
5.1.2. You are not an Excluded Person;
5.1.3. You are twenty-one (21) years of age or over, of sound mind and capable of taking responsibility for your own actions and that you can enter into a legally binding agreement with us;
5.1.4. You agree to provide accurate Account opening information, including, without limitation, your correct date of birth;
5.1.5. You will not allow any other person to access or use your account with Betway;
5.1.6. You will refrain from wagering unless you are physically present in Colorado;
5.1.7. You consent to the jurisdiction of the State of Colorado, as relevant, to resolve any disputes arising out of your Internet or mobile gaming that takes place in the state of Colorado;
5.1.8. You consent to the monitoring and recording by Betway and/or state regulator of any wagering communications and geographic location information; and
5.1.9. You acknowledge that Betway reserves the right to report unusual or suspicious activity to the proper authorities.
5.2. It is the responsibility of each customer to ensure that all personal details are current and up-todate, as failure to do so may result in Bets or payments being declined or payments being issued incorrectly.Please contact us to update your personal details.
5.3. One (1) Account is permitted per customer.Betway reserves the right to close down any duplicate Accounts and to cancel (subject to any applicable required regulatory approval) any Bets on duplicate Accounts. Betway also reserves the right to suspend or close any Account and cancel (subject to any applicable required regulatory approval) any associated Bets where the Account holder and the owner of the funding instrument are not the same.
5.4. Employees of Betway may not open an Account or register on the Websites or for any of the Services, whether in their own name or on behalf of a fellow employee, friend, relative or anyone else.
5.5. It is prohibited for players, deliberately or otherwise, to transfer money from one (1) Account to another for any reason.
5.6. In consideration of our allowing you to register for an Account, you represent (and acknowledge that we and GF will rely on these representations) as follows:
5.6.1. Your participation in the games is personal and not professional;
5.6.2. You are solely responsible for recording, reporting, paying, and accounting for any tax that may be payable on any winnings to any relevant governmental or taxation authority;
5.6.3. You are solely responsible for the acquisition, supply and maintenance of all of the computer equipment, and telecommunications networks, and Internet access services, and of all other consents and permissions that you need to use in order to access our Services;
5.6.4. You fully understand the methods, rules, and procedures of the games and, where and when appropriate, will seek advice or help when using our Services;
5.6.5. By accepting any winnings, you irrevocably consent to Betway’s use of your name, likeness, photograph, voice, opinions and/or hometown and residence for advertising and promotional purposes, in any manner, in any and all media and by all manners, now or hereafter devised, worldwide in perpetuity, without further payment, consideration or notification to, or permission from, you.
5.6.6. You will place all wagers on games through the various user interfaces provided on our Websites and you will not wager through other means, including a robot player or equivalent mechanism (a “bot”). The use of programs designed to automatically place Bets within certain parameters (i.e., bots) is not permitted on any games on any part of the Websites;
5.6.7. You will not choose a login (e.g., email address) that is defamatory, offensive, pornographic or in any way intended to impersonate a real person or brand.Betway reserves the right to amend your login in its absolute discretion if it believes you have breached this representation;
5.6.8. You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in relation to any ‘chat’ or ’forum’ facilities we provide and you accept that any postings made by you can be passed on to the relevant authorities should we deem this appropriate;
5.6.9. You will not disguise or interfere in any way with the internet protocol (“IP address”) of the computer or other Device (defined below) you are using to access the Services or otherwise take steps to prevent us from correctly identifying the actual IP address of the Device you are using while accessing the Services; and
5.6.10. You accept and agree to abide by the rules of the games as set out on the Services, and any rules and terms for any promotions or loyalty programs in which you participate as set out on the Services from time to time.
6. Account Security
6.2. Please contact us as soon as is possible if you have lost or forgotten your Account details. You agree to inform us as soon as is possible if you believe that your Account information is being misused by a third party so that we may suspend your Account to prevent further abuse.
6.3. We recommend that you disable any automatic password memory in your browser prior to using the Services. This will help to limit the risk to you of unauthorized use of your Account.
6.4. Betway reserves the right to refuse to register you as an Account holder, either with or without cause.Betway reserves the right to suspend or terminate your Account at any time, either with or without cause, upon notice (we will use our reasonable endeavours to give such notice to you either before or after suspending or terminating your Account). Following termination or suspension of your Account, we will endeavour, in the normal course of events, to comply with any valid contractual obligations made in accordance with these Terms.
7. Deposits & Withdrawals
7.1. Deposits.To play games for money on the Services or to make Bets on the Services, you need to deposit funds in your Account.Funds deposited via a payment provider may take a few days to clear before they are held in this Account, during which time they will be held in the account of the relevant payment provider. The funds in your Account are held on your behalf by way of security to meet any payment obligations you may incur as a result of playing the games on the Services or using any of the other products or services supplied by Betway .Also, please be aware that an amount equal to the sum of an amount of funds that are required by state gaming regulators is held in a separate non set-off account. Please note that interest is not payable on the funds held in your Account. In connection with making a deposit, you represent that:
7.1.1. All money that you deposit in your Account originates from a payment source of which you are the legal owner;
7.1.2. All money that you deposit in your Account is free from and unconnected to any illegality and, in particular, does not originate from any illegal activity or source; and
7.1.3. All payments made into your Account are authorized and you will not attempt to reverse a payment made into your Account or take any action which will cause such a payment to be reversed by a third party in order to avoid any legitimate liability.
You accept that all transactions may be checked for the detection of money laundering and that any transactions made by you which Betway or GF deems suspicious may be reported to the appropriate authorities.
Deposits to your Account can be made via the following methods:
1. ACH (electronic checking or direct deposit): electronic transfer of funds between your bank account and your player Account;
2. DEBIT/ CREDIT CARDS: Debit/credit cards with a Mastercard/Visa/Discover logo can be used to make deposits;
3. E-Wallet (SKRILL or PAYPAL): You can electronically transfer funds from a bank account or Debit/Credit Card to your Skrill or PayPal account and then deposit those funds to your Account;
4. PREPAID CARD: Using a Betway|Play+ account or an existing Sightline|Play+ account, you can transfer funds onto the Play+ Card and deposit to your Account; and
5. PAYNEARME: Deposit funds into your Account via locations that accept PayNearMe payments.
At any time, Betway may request that you provide us or a third party with documentation or other proof explaining or providing the source of funds deposited in your Account. Any failure to present or provide Betway with adequate proof that the funds deposited were provided through legal means may result in Betway immediately suspending or terminating your Account in our sole and absolute discretion or otherwise imposing limits on the amount(s) you are permitted to deposit in your Account. The adequacy and sufficiency of any source of funds documents or other submitted proof provided by you is at Betway’s sole and absolute discretion and Betway reserves the right to request additional documents or other forms of proof from you in its sole and absolute discretion.
7.2.1. We have a number of controls and checks that take place before any withdrawal request is processed.These checks are part of our ongoing commitment to maintaining the security of our customers’ funds.
7.2.2 Withdrawals from your Account can be requested via the following methods:
1. ACH (electronic checking or direct deposit): electronic transfer of funds between your bank account and your player Account;
2. E-Wallet (SKRILL or PAYPAL): You can withdraw funds from your Account to your Skrill or PayPal account; and
3. PREPAID CARD: You can withdraw funds from your Account to your Betway | Play+ account or an existing Sightline | Play+ account.
7.2.3. Subject to Section 7.2.4 below, requests for withdrawal will typically be processed within five (5) business days of the request. Withdrawals may be refunded, in part or entirely, to the method of deposit. The availability of withdrawn funds is subject to standard banking restrictions.
7.2.4. Withdrawal processing time may be delayed if your Account is under investigation for possible fraudulent or illegal conduct or other violation of these Terms. If required by applicable regulatory requirements, we will notify you of the reason for such investigation and will provide updates on the status of the investigation every tenth business day from the day we send you the initial notification. To the extent that the investigation reveals conduct that is either fraudulent or illegal, Betway is entitled to deny your withdrawal request and shall be entitled to seek any other remedies outlined elsewhere in these Terms and/or as available under applicable laws, rules and regulations.
8. Suspension & Termination
8.1. Without restricting our ability to rely on other remedies that may be available to us, we may suspend or terminate your Account, withdraw your offers for Bets, void any Bets outstanding tied to your Account, and/or cancel (subject to any applicable required regulatory approval) any unmatched Bets or cancel and void any outstanding or matched Bets placed by you at our absolute discretion and without cause if:
8.1.1. We suspect that you:
i. are engaging in illegal or fraudulent activity while using our Services;
ii. are breaching any term of these Terms, including the House Rules;
iii. are taking unfair advantage over us or any other player or are otherwise acting in an unfair manner (for example, by exploiting a fault, loophole or error in our software, by collusion or by any other means);
iv. may be having difficulties obtaining credit, have become bankrupt or that you may have self-excluded;
v. are acting in a manner that is detrimental to the conduct of our business or which may result in legal liability for you, us or third parties, including, without limitation, if we suspect that your Account’s usage could represent ‘business usage’ (‘business usage’ includes any use by a betting operator or any use by an individual or organization supplying data or services to a betting operator); vi. we have the right to do so as set out in any of our Additional Terms;
vii. are prohibited from entering into a Bet by any term of your contract of employment or any rule of a sport governing body or other professional body which applies to you; or
viii. place a Bet on any sporting match or event in which you take part.
8.1.2. We are required to do so by law or regulatory authority.
8.2. Irrespective of whether we suspend or terminate an Account and notwithstanding any other provisions in these Terms, we may decide to cancel or void (subject to any applicable required regulatory approval) any Bets at our absolute discretion where there is a technological failure.
8.3. If you have a query relating to your Account, it is your responsibility to notify Betway at the earliest opportunity, providing as much information as Betway may require.
8.4. Following termination or suspension of your Account, we may, in the normal course of events, return any funds in your Account to you. However, subject to any required regulatory approval, we reserve the right to withhold the funds in your Account from you pending the determination of any investigation (including any relevant external investigation) where:
8.4.1. we suspect you have acted in breach of these Terms or any other agreement relevant to your activities on our site, including where we suspect the Account has been linked with fraudulent or ‘suspicious betting’ activity (explained in Section 9); and/or
8.4.2. we have to withhold the funds in your Account by law or to comply with any advice, request or instruction from any governmental, regulatory or enforcement authority.
8.5. If an internal or external investigation reasonably demonstrates that you have acted in breach of these Terms, any other agreement relevant to your activities on the Websites or Betting Apps, or that your Account has been linked with fraudulent and/or ‘suspicious betting’ (as defined below) activity, we reserve the right, subject to any applicable required regulatory approval, to seize some or all of the funds in your Account. The disposition of any funds obtained by us in this manner will be at our sole and absolute discretion and/or in accordance with any advice, request, or instruction from any governmental, regulatory or law enforcement authority. In addition, if formally requested by law enforcement, gaming regulators, or taxation or other authorities, or in the event that you fail to provide us with sufficient information to identify yourself in accordance with our internal procedures or those procedures imposed on us by the state gambling regulators and/or other authorities, we may suspend your Account and all functionality relating to the use of your Account (e.g., bet management and withdrawal of funds) and withhold from you any funds in your Account pending the final determination of any criminal or other legal proceedings or investigation to which such a request may relate or until you provide the necessary 'know your client' or 'age verification' information as appropriate. For the avoidance of doubt, at no point during any such suspension or termination period will interest accrue to you on any funds in your Account.
9. Suspicious Betting
9.1. For the purpose of this Section 9, “suspicious betting” shall refer to where we have reasonable grounds to believe that a Bet or a number of Bets have been placed in suspicious circumstances. Suspicious betting shall include, but not be limited to:
9.1.1. where there is an inordinate frequency and/or highly unusual pattern of Bets (by comparison with betting norms) placed on the same selection(s) in a short space of time;
9.1.2. where there is an inordinate frequency and/or highly unusual pattern of Bets placed on the same selection(s) and where the theoretical probability of said selection(s) winning at the time of Bet(s) placement, based on the odds offered on the selection(s) at the time of Bet placement, is largely inconsistent with the theoretical probability of the same selection(s) winning calculated using their starting prices;
9.1.3. where the integrity of an event (or events) has been called into question, including, for example, but not limited to where one (or more) of the participants in an event displays exceptional form which we reasonably believe was known to you or someone connected to you at the time of bet placement but was concealed from the public generally in order to gain an unfair advantage in any bets placed on that event (or those events);
9.1.4. where we have reasonable grounds to suspect that a Bet or a string of connected Bets were placed robotically, by automated means, or otherwise than through the Account holder placing each Bet manually via their Account;
9.1.5. where we reasonably believe that you have used unfair external factors or influences connected with the event(s) the subject of any Bet(s);
9.1.6. where we reasonably suspect that you have opened duplicate Accounts or where we reasonably suspect that second or subsequent Accounts are under common control with your Account with a view to concealing the true worth, nature or pattern of Bets placed by you or on your behalf, even if second or subsequent Accounts are opened under different names;
9.1.7. where we otherwise believe, acting reasonably, that you are acting in concert with others or that you are acting other than on your own behalf; or
9.1.8. where we reasonably believe that Bets have been placed from a location or Device other than the location or Device which you claim to have used to place a Bet.
9.2. In the case of any of the activities contemplated by Section 9.1, and without restricting our ability to rely on other remedies that may be available to us, we may, acting reasonably, and depending on the circumstances:
9.2.1. request such further information from you as may reasonably be required by us to investigate whether the Bet or Bets constitute suspicious betting for the purpose of Section 9.1;
9.2.2. suspend or withhold payment of any amounts (or any parts thereof) pending the receipt by us of satisfactory evidence from you in order for us to determine (acting reasonably) that a Bet does not constitute a suspicious bet as such term is referred to in Section 9.1. For example, but without limitation, where we suspect that a Bet or a string of connected Bets may have been placed robotically or by automated means, we may require you to provide reasonable evidence that each Bet was placed manually by you via your Account.You further acknowledge and accept that we reserve the right, at our sole discretion, to collect and process any information in connection with your betting patterns, personal data, depositing of funds and any other related information and inquiries that will help us to investigate any suspected breach of these Terms;
9.2.3. suspend or withhold payment of any amounts (or any parts thereof), usually for no longer than thirty (30) days but where relevant for such longer period of time as may reasonably be required (for example, pending any investigations by Betway, any sports governing body, a gambling regulator, a law enforcement authority or any other third party);
9.2.4. subject to any applicable required regulatory approval, void a Bet or a string of connected Bets (including, for example, multiples) prior to the event.Where possible and subject to regulatory approvals (if required), we shall communicate to you in advance that the Bet(s) has (or have) been voided prior to the (first) event the subject of the Bet(s); or
9.2.5. where there is an inordinate frequency and/or unusual pattern of Bets placed on the same selection(s) in a short space of time and where we have reasonable grounds to suspect that the Bets are connected Bets, limit the payment of winnings in respect of those Bets (and where necessary with such limitation applied across multiple accounts) to the maximum payout for individual Bets on any particular market or markets as set out in the House Rules.
9.3. Where we have reasonable grounds to believe that you have participated in, or have been connected with, any type of suspicious betting, we shall use our reasonable efforts to investigate such matter, including, but not limited to, through the use of various collusion, suspicious betting, fraud and cheating detection practices which are used in the gambling industry.
9.4. We reserve the right to terminate an Account if we reasonably suspect any of the activities described in Section 9.1 in connection with that Account.
9.5. Where a Bet is deemed to be, or is declared, void by us prior to an event (subject to any applicable required regulatory approval), any sum deducted from your Account with respect to that Bet shall be credited to your Account.
9.6. We reserve the right to seek to recover from you any losses we suffer that are directly or indirectly connected to any of the activities contemplated in Section 9.1. This right is without prejudice to any other rights (including common law rights) that we may have against you, whether under these Terms or otherwise.
9.7. We will not be liable under any circumstances whatsoever for any loss you or any other person may incur as a result of the collusive or other behaviour in breach of this Section 9. Further, we reserve the right, but shall not be obliged, to take any other actions in the case of any of the activities contemplated in Section 9.
9.8. In exercising any of our rights under this Section 9, we shall ensure that we exercise such rights in a manner which is fair to you and to our customers generally. If you have any comments or queries in respect of this Section 9, please do not hesitate to contact us .
10.1. We may from time to time offer complimentary or bonus amounts or wagers to be credited by us into your Account (“Bonus(es)”). Such Bonuses may only be used in relation to such Services as may be specified when the Bonus is offered to you. Acceptance of any Bonus shall be in accordance with additional terms and conditions we may make available to you in respect of each such Bonus offering and, if none, then in accordance with the Master Promotional Terms (defined below) and Bonus release restrictions contained in the relevant offer. Offers may be used only once unless otherwise specified. You are not entitled to withdraw any Bonus amounts and you may not remove any cash obtained via a Bonus from your Account without first complying with the applicable terms, including, without limitation, in respect of any qualifiers or restrictions.
11. Master Offer and Promotions Terms
11.1. Overview. These Master Offer and Promotions Terms (“Master Promotional Terms”) apply to all Betway offers and promotions (each, a “Promotion”).Each Promotion may have additional terms and/or rules of participation (“Promotion Terms”), which will be posted or otherwise made available to you at or near the place of the Promotion announcement.In the event Promotion Terms are not posted, these Master Promotional Terms shall still apply to such Promotion. In the event of any discrepancy or conflict between these Master Promotional Terms and any Promotion Terms, then the specific Promotion Terms shall govern and prevail. The Promotion Terms for each Promotion in which you participate will be deemed incorporated into and form a part of these Master Promotional Terms. It is your responsibility to read the Promotion Terms to determine whether or not your participation, registration, or entry in the Promotion will be valid or restricted, and to determine your participation requirements.
11.2. Eligibility. Each Promotion is open only to individuals who at the time and date of entry are: (i) not an Excluded Person; (ii) Account holders; (iii) otherwise eligible to participate in the applicable Betway Services from which the Promotion is offered as set forth in these Terms; (iv) are twenty-one (21) years of age or older; and (v) meet any eligibility requirements specifically set forth in the Promotion Terms. Employees, officers and directors of Betway, its parent company, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, retailers, distributors, and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to participate in any Promotion or receive the advertised Bonus.Additionally, Betway reserves the right to refuse or otherwise restrict your eligibility to participate in any Promotion for any reason, in our sole discretion, including based on your wagering patterns or wagering history or if you failed to take advantage of any previous Promotions in good faith.Void where prohibited by law. If Betway becomes aware of a participant who, in the course of participating in a Promotion, has become able to guarantee wins and/or profits with no or only minimal risk, and/or benefits from a Promotion by participating through more than one (1) Account, and/or displays irregular or unusual playing or betting patterns which Betway deems to be abusive, Betway may elect to do any one (1) or more of the following: (i) close the customer’s Account(s); (ii) subject to any applicable required regulatory approval, invalidate the transactions or game play which was in contravention of this term; and/or (iii) withhold the customer’s Bonus, including winnings from such transactions or game play.
11.3. How to Qualify. To qualify for a Promotion, during the offer period set forth in the Promotion Terms (the “Promotion Period”), eligible individuals must visit their Account and follow the instructions in the Promotion Terms on how to participate and place an eligible wager (each an “Eligible Wager”).All Promotions are limited to one (1) entry per person.To ensure that the Promotion is limited to one (1) entry per person, we reserve the right to only permit one (1) customer to participate from each household address, IP address, email address, telephone number, same payment account (e.g., debit or credit card, etc.) or shared computer (e.g., public library or workplace). Any special requirements to take advantage of the Promotion, such as minimum wagering requirements, the percentage of a Eligible Wager that contributes to a wagering requirement, and whether an Eligible Wager needs to be conducted in the casino or sportsbook, will be set forth in the Promotion Terms.
11.4. Multiple Accounts. Multiple entries in any Promotion will not be accepted; neither will entries made in breach of these Master Promotional Terms or the specific Promotion Terms. Betway reserves the right to exclude any participant from Promotions if Betway believes that a participant has tried to enter a Promotion by using more than one (1) username, Account or is otherwise engaging in any fraudulent or illegal activity (including participation that would be in breach of the law in Colorado), whether or not that participant would or might have won any Bonus but for such activity. Where multiple entries/Accounts have been used, Betway reserves the right to cancel these Accounts and withhold payment of the Bonus or any other Promotion benefits.
11.5. Terms Applicable to Non Cash Prizes. For any prizes offered in connection with a Promotion that are a physical prize, such prizes are non-transferable, with no cash redemptions, equivalents or substitutions, except at Betway’s sole and absolute discretion. All prize details not specified in these Master Promotional Terms or in the advertising for the Promotion will be determined in Betway’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Betway is unable to provide the winner with his or her prize(s), Betway may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value.All prize(s) are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). The approximate retail value (“ARV”) of a prize is based on available information provided to Betway and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Unclaimed prizes will be forfeited.Prizes, if legitimately claimed, will be awarded. The Betway Parties (defined below) are not responsible for and will not replace any lost, mutilated or stolen prize(s) or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Betway Parties will have no further obligation with respect to that prize or portion of the prize. No more than the stated prizes will be awarded.The Betway Parties are not responsible for and winner will not receive the difference, in any, between the actual value of the prizes at the time of award and the stated ARV in any Promotion-related correspondence or material.
11.6. Administration.The Betway Parties expressly reserve the right to amend, suspend or terminate any Promotion at any time without prior notice or consent.Administration of a Promotion is at the sole discretion of the Betway Parties. Any questions relating to eligibility, these Master Promotional Terms and Conditions or any other questions concerning a Promotion will be resolved at the sole discretion of the Betway Parties and their decisions will be final and binding with respect thereto. No groups, clubs, corporations, companies, partnerships, or organizations may participate in any Promotion or reproduce or distribute any portion of these Master Promotional Terms to their members.
11.7. Publicity Release. Subject to applicable law, participants in each Promotion irrevocably grant the Betway Parties and each of their licensees, and their successors, assigns and sub-licensees, the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Promotion, in all forms of media and by all manners (now and hereafter known), and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration, except for the awarding of the Bonus to the recipients.
11.8. Tampering with Any Promotion. The Betway Parties are not responsible for the actions of entrants in connection with the Promotion, including entrants’ attempts to circumvent these Master Promotional Terms or otherwise interfere with the administration, security, fairness, integrity or proper conduct of a Promotion.Persons found tampering with or abusing any aspect of a Promotion, or whom Betway believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat a Promotion, as determined at the sole and absolute discretion of Betway, may result in immediate disqualification of the participant, as well as other possible consequences, including disqualification from any and all existing and future Promotions. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY BETTING APPS) OR UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, BETWAY RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Betway reserves the right, at its sole and absolute discretion, to disqualify (or terminate the Bonus of) any individual who is found to be, or suspected of, acting in violation of these Master Promotional Terms, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
11.9. Suspension / Modification / Termination. In the event Betway is prevented from continuing with a Promotion by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with a Promotion by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Betway’s control (each, a “Force Majeure” event or occurrence), Betway shall have the right to modify, suspend or terminate the Promotion or Bonus. Betway additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Promotion should causes beyond Betway’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Promotion; or (b) to disqualify any participant found to be, or suspected of: (i) tampering with the entry process or the operation of the Promotion; (ii) acting in violation of these Master Promotional Terms; or (iii) acting in an un-sportsmanlike manner.
11.10. Release and Waiver of Liability. By participating and/or redeeming any Promotion Bonus, in addition to the indemnities set forth in Section 29, participants agree to release, defend, indemnify and hold harmless the Betway Parties (defined below) from and against any and all liability claims or actions of any kind whatsoever (however named or described) for injuries, death, damages or losses to persons and property which may be sustained in connection with: (i) your participation in a Promotion; (ii) the receipt, use or misuse of the Bonus; and (iii) while preparing for, participating in, and/or traveling to any Promotion-related activity, including those damages caused by the Betway Parties’ own negligence. The Betway Parties expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use or misuse of a Bonus. The Betway Parties are not responsible for any incorrect or inaccurate information, including errors or typos in these Master Promotional Terms, the Promotion Terms or any Promotion-related communication or materials, whether caused by a Betway Parties or participants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion.
12. Terms Applicable to Apple ioS
12.1. If you are accessing or using one of our Betting Apps through a Device manufactured and/or sold by Apple, Inc. (“Apple”, with such a device herein referenced as an “Apple Device”):
12.1.1. To the extent that you are accessing the Betting App through an Apple Device, you acknowledge that these Terms are entered into between you and Betway and, that Apple is not a party to these Terms other than as third-party beneficiary as contemplated below.
12.1.2. The license granted to you in Section 30 of these Terms is subject to the permitted Usage Rules set forth in the Apple App Store Terms and Conditions (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Betting App.
12.1.3. You acknowledge that Betway, and not Apple, is responsible for providing the Betting App and Content thereof.
12.1.4. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Betting App.
12.1.5. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Betting App.
12.1.6. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and Betway, Betway and not Apple is responsible for addressing any claims you may have relating to the Betting App, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Betting App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
12.1.7. Further, you agree that if the Betting App, or your possession and use of the Betting App, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
12.1.8. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
12.1.9. When using the Betting App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Betting App.
12.1.10. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
13. Betting Apps
13.1. In addition to the rest of these Terms, and all other terms and conditions that apply, including, but not limited to, rules relating to Bonuses or particular games and/or functionalities or any other terms relating to any other Betting App, the following terms and conditions apply to the Betting Apps.
13.2. You accept that using the Betting Apps outside of a WiFi network may result in data charges from your mobile network provider.Betway will not be responsible for any data charges incurred as a result of your using the Betting Apps.
13.3. Game rules for individual games can be found within the Betting Apps and on the applicable Website.
14. Disconnections and Malfunctions
14.1. If you suffer a disconnection or exit the Websites or Betting Apps for any reason during a game where a further player action is required, then this game will be resumed from this point when you log back in to the Websites or Betting Apps and launch the relevant game. If you have a winning hand(s)/game and are disconnected prior to being able to ‘gamble’ on a video, poker or slot game, your winnings will be credited to your Account and you will not have the option to gamble when you reconnect.If no further decisions or action are required in an individual game following disconnection/exit, for example after the wheel spin has commenced in a roulette game, then the game will be settled and the result displayed in your Account history. For all games other than live dealer table games, in the case of disconnection during a game in which there are still active bets of real currency, wagers that remain pending for thirty (30) days or more will be cancelled and returned to you within thirty (30) days of the date on which the wager became pending.
14.2. Misuse or system malfunction voids all Bets, plays and pays.
14.3. We, our affiliates, agents and licensors accept no responsibility and will not be liable for any loss resulting from delays or interruptions to play due to failure, breakdown, malfunction, interruption of or disconnection from the games server or any other causes over which we or they have no control.
15.1. All cleared winnings will be credited to the customer’s Account. Please see Section 7.2 for details on withdrawal methods.
15.2. The maximum payout to any one (1) customer for any Bet, game or sport is as set out in the House Rules.
15.3. Any inquiries relating to a Bet must be raised no later than six (6) months after the last event in the Bet has been settled.We cannot guarantee that we will be able to respond to your inquiry if it is not raised within this time.
15.4. We may use your name and location and any winnings you may have had for advertising or promotional purposes without additional compensation.
15.5. We report winnings to the Internal Revenue Service (IRS) and state taxing authorities for:
a.Any Bet which results in proceeds of $1,200.00 or more from a slot game; or
b.Any Bet which results in proceeds of $600.00 or more where the winnings are at least three hundred (300) times the amount of the wager.
We also withhold taxes on any bet which results in proceeds of $5,000.00 or more where the winnings are at least three hundred (300) times the amount of the wager. We withhold twenty-four percent (24%) of the proceeds and remit such amount to the Internal Revenue Service (IRS).We also may withhold a percentage of the proceeds and remit such amount to the state tax authorities.
If you are subject to IRS reporting requirements, we will send you Form W-2G summarizing the information for tax purposes by January 31st of the year following the end of the tax year of winning.
16. Errors & Suspected Errors
16.1. Betway makes every effort to ensure that no errors are made in prices, odds and lines offered or Bets accepted.However, human and/or systems’ error may occasionally result in such errors.Please review Section 12 of the House Rules for details on how Betway addresses Obvious Errors (as such term is defined in the House Rules).
16.2. In the event of errors relating to the random number generators used in certain of the Services, Betway reserves the right to void (subject to any applicable required regulatory approval) all Bets on the games affected.In such cases, your stake will be returned.
16.3. Should funds be credited to a customer’s Account in error, it is the customer’s responsibility to notify Betway of the error without delay.Subject to any applicable required regulatory approval, any winnings subsequent to the error and prior to the notification of Betway, whether linked to the error or not, shall be deemed invalid and returned to, or otherwise be reclaimable by, Betway.
16.4. Any monies which are credited to your Account, or paid to you as a result of an error shall be deemed, pending resolution under Section 18.1.1 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 monies in your Account we may reclaim these monies from your Account pursuant to Section 16.3. We agree that we shall use reasonable endeavours to detect any errors and inform you of any such errors relating to you, your engagement with us, or your Account, as soon as reasonably practicable.
16.5. As soon as you suspect or become aware of an error, including any Obvious Error, you shall: (i) immediately cease play; and (ii) contact us to inform us as soon as reasonably practicable of any such error or suspected error.
16.6. Where you have used monies 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 may cancel such Bets and/or withhold any winnings which you may have won with such monies (subject to any applicable required regulatory approval), 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 shall be immediately repaid to us when a demand for payment is made by us to you.
16.7. If you are incorrectly awarded any winnings as a result of: (a) any human error; (b) any bug, defect or error in the Services; or (c) the failure of the relevant games product or the Services to operate in accordance with the rules of the relevant game, then, subject to any applicable required regulatory approval, Betway will not be liable to pay you any such winnings and you agree to refund any such winnings that may have been paid to you as a result of such error or mistake.
16.8. By using our Services, you understand and agree that we reserve the right to change or remove any of these Services at any time.
You hereby agree, warrant and represent that no chargebacks or other cancelation of deposits will be made relating to your Account without our consent.In the event of any of the foregoing occurring, you agree to indemnify us and hold us harmless against any costs, claims, damages and expenses arising in connection therewith and to refund and compensate us for any losses we would otherwise incur arising from such actions including any expenses incurred by us in the process of recovering such amounts.
18. Right of Set-Off
18.1. Betway may be required by law to conduct certain checks on customers or those applying to open a new Account.Where we are required by law or otherwise determine to close an Account for a breach of these Terms, your attention is brought to the following terms:
18.1.1. Subject to any applicable required regulatory approval (if any), all previous Bets will be voidable at the option of Betway and any winnings which you have accrued will be forfeited by you and you will return to us on demand any such funds which have been withdrawn from your Account; and
18.1.2. subject to Section 18.1.1, any stakes for Bets made but for which the event is not yet completed will be returned to you other than in the event of any outstanding chargebacks or any other amounts owed to us at that time.
18.2. Betway may at any time set off any amount on deposit in your Account against any amounts owed by you to Betway.
19.1. Betway reserves the right to seek criminal or other sanctions against you if we suspect you have engaged in fraudulent, dishonest or criminal acts and we will disclose such information to the relevant authorities or other relevant third parties (for example, payment service providers) as may be necessary in this regard.
19.2. Betway reserves the right to suspend or terminate any Account it believes to be involved in fraud, money laundering and/or any other form of illegal or suspicious activities and to report such details as it reasonably considers are necessary to relevant authorities.
19.3. You undertake that all money that you deposit in your Account is untainted with any illegality and, in particular, does not originate from any illegal activity or source.
20. Responsible Gambling
20.1. Setting Limits. You have the right to set daily, weekly, or monthly deposit and loss limits, as well as the right to set limits on the amount of time you spend playing on the Services each day.
20.2. Time-out/Cool Off. You have the right at any time to elect a cooling off period that allows you to suspend your Account for a period of no less than seventy-two (72) hours.
20.3 Self-Exclusion. You have the right at any time to exclude yourself from wagering on your Betway Account.Should you choose to exclude yourself, you will be opted out of all bonuses in accordance with the applicable bonus terms & conditions.Any cashable balance in your Account in the amount of one (1) dollar or more will be returned to you.
20.4. Exercising Your Options. Visit our Responsible Gaming Page to implement and learn more about any of these options outlined above. If you or someone you know has a gambling problem and wants help, call 1-800-5224700.
21. Inactive Accounts, Charges and Statements of Account Activity
21.1. Inactive and Dormant Accounts.
21.1.1. Accounts shall be deemed “Dormant” in the event that the account holder does not log in within a three (3) year period.Dormant accounts will be opted out of all bonuses in accordance with the applicable bonus terms and conditions.Unclaimed balances in Dormant accounts will be forfeited in accordance with applicable regulation or regulatory instruction.
21.2. Charges. Betway will not charge you for the deposit and withdrawal of funds to or from your Account in the normal course of events.However, some banks and card processors may charge fees and you are responsible for any and all fees charged by third parties in connection with your deposits and withdrawals.Betway reserves the right to impose (e.g., pass through) chargeback fees (or other fees in connection with transaction disputes) to the extent such fees are assessed to Betway directly.
21.3. Statements of Account Activity. You may request and receive a statement of activity related to the last six (6) months activity on your account at any time by visiting the My Account page of the Services. If you require a statement of activity relating to your activity over the past twelve (12) months, please contact us with your request.
22. Closure of Accounts
22.1. Please visit the Responsible Gaming Page if you wish to close your Account.
22.2. After your Account has been closed, it will remain closed unless and until you ask for it to be reopened.However, we may refuse to re-open your Account in certain circumstances (including where a permanent exclusion or self-exclusion has been applied to your Account pursuant to our responsible gambling practices - see Section 20 above).
22.3. Account holders who wish to recover funds held in a closed, locked or excluded Account are also advised to contact Customer Service .
22.4. We are entitled to close your Account at our discretion and without having to disclose any reasons, and where deemed necessary on written notice (or attempted notice) to you using the contact details you have provided.Any balance in your Account will be made available to you, provided that you have complied with these Terms.
22.5. Your sole remedy in the event of termination of your Account by us for any reason shall be the reimbursement of any undisputed Account balance you may then have (and we shall have no further liability to you whatsoever).
23. Software and Downloads, Location Services and SMS Service Alerts
23.1. Software and Downloads .For certain of our Services, it may be necessary to download or otherwise use certain software, including software provided by third parties.In such circumstances, you may be required to enter into an end user licence agreement (“EULA”) in respect of such software. You agree to be bound by the terms of any such agreement. You also agree not to interfere with, modify, decompile, copy, or reverse-engineer any software provided to you as part of the Services except as expressly permitted herein, in the EULA, or as permitted by law.
23.3. Telephone Communications, SMS Service Alerts and Agreement to Be Contacted.
23.3.1. Call Recording and Monitoring. You acknowledge that telephone calls, voicemails, messages and texts to, from or through the Services, together with its agents, independent contractors (including you and other users), and affiliates, may be monitored and recorded and you consent to such monitoring and recording.
23.3.2. Your Provision of Telephone Numbers and Other Contact Information. You verify that any contact information provided to Betway, our respective agents and affiliates, including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own.If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your account access at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by texting STOP to any text message you receive from us.In the event that you get a new telephone number, you will need to contact Customer Service.
23.3.3. Your Consent to Receive Automated Texts. You acknowledge that by voluntarily providing your telephone number(s) to Betway and our respective agents and affiliates, you expressly agree to receive artificial voices, pre-recorded voice messages, and/or auto-dialed calls and text messages (such as SMS, MMS, or successor protocols or technologies) from Betway, its agents, independent contractors, customers, and affiliates related to promotions, your account, registration, orientation, product alterations, changes and updates, service outages, any transaction with Betway, and/or your relationship with us. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You understand that you may receive automated text messages to any telephone number you provide at any time. You also agree that Betway may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated text messages from us, our agents, independent contractors, customers, and affiliates even if you terminate your relationship with us, except if you opt-out (see below). You understand that you do not have to agree to receive automated promotional texts as a condition of purchasing any goods or services.To opt-out, please see the Opt-Out Instructions below.
23.3.4. Opt-Out Instructions for Automated Texts. Your consent to receive automated texts is completely voluntary.You may opt-out at any time.You may opt-out from receiving messages from a us at any time by replying “STOP” to any text message you receive from us, by contacting us , or by informing one of our representatives through the customer service chat and specifying that you want to opt out of text messages. You acknowledge and agree to accept a final text message confirming your opt-out. Each state for which you create an account is managed separately, so texting STOP for messages from one state will not effectuate a stop requests for messages related to an account for another state. If you would like to stop messages for multiple state accounts, reply STOP to each program to which you would like to unsubscribe. It is your sole responsibility to notify us if you no longer want to receive automated text messages. You waive any rights to bring claims for unauthorized or undesired text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days (or ten (10) business days where required by law) to process any opt-out request. Please note that if you opt out of automated text messages, we reserve the right to send you confirming text messages or make non-automated calls to you. It is possible that third parties may have your contact information and you may continue to receive communications from these third parties despite an opt out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.
23.3.5. Fees and Charges. There is no fee to receive automated text messages from us, our agents, affiliates, and independent contractors. However, you may incur a charge for these text messages from your telephone carrier, which is your sole responsibility.Messaging and Data rates may be applicable and you may be responsible for fees or charges from your carrier. You may incur other charges if you leave the Services through links. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that Betway, our agents, affiliates, and independent contractors are not responsible for such charges. Your obligations under this Section will survive expiration or termination of these Terms.
23.3.6. Unauthorized Use of Your Telephone Device. You must notify us immediately of any breach of security or unauthorized use of your telephone device. Although we, our agents, affiliates, and independent contractors will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for the losses of Betway, our agents, affiliates, and independent contractors or others due to such unauthorized use.
23.3.7. Your Indemnification to Us. You agree to indemnify Betway, our agents, affiliates, and independent contractors for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees).Betway shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
23.3.8. Release of Claims. In consideration of the services provided by Betway, you hereby release Betway, our agents, affiliates, and independent contractors from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including, without limitation, any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).
23.3.9. General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available to customers of select carriers with compatible handsets.Your obligations under this Section 23 will survive termination of these Terms.
24. Systems Failure & Hacking and Other Offenses
24.1. Betway shall not be liable for any Bet not being placed for any reason (unless as a result of negligence by Betway) or your being disconnected from the Services, including, but not limited to, failure or disconnection of computer, telecommunications services, internet or otherwise. The balance of your Account will at all times be as is recorded on our server.
24.2. You warrant, represent and undertake that you shall not knowingly or negligently interrupt, corrupt or exploit for any purposes not intended by Betway any of the Services, including for example by:
24.2.1. attempting to gain unauthorized access to any of the Services, the servers on which the Services are hosted or any server, computer or database connected to the Services;
24.2.2. using any features which may affect the function or performance of the Services in any way for example (but not limited to) releasing viruses, worms, trojans or similar material that may be malicious or harmful;
24.2.3. interfering or tampering with, removing or otherwise altering in any way, any information in any form which is included in or on any of the Services; or
24.2.4. attacking the Services via a denial-of-service attack or any other form of attack or interference.
24.3. We reserve the right to pursue you for any loss we suffer as a result of any infringement by you of any of your obligations under this Section 24.Further, please be aware that we may share your details with law enforcement authorities in the case of any criminal, or suspected criminal, activities by you.
24.4. We may restrict your access to the Services, prohibit you from participating in any and/or all games, and/or prohibit you from playing in a particular Game, refuse or limit any wager you make, withhold payment of your winnings, and suspend or terminate your Account in our absolute discretion without cause at any time, including, without limitation, if:
24.4.1. There is a technological failure;
24.4.2. We reasonably believe that you have breached any of these Terms;
24.4.3. You attempt to manipulate or ascertain information concerning the software code or are involved in collusion;
24.4.4. You tamper or attempt to tamper with the software in any way;
24.4.5. You are committing any offense, e.g., by attempting to access or accessing the games from a jurisdiction where playing the games is illegal; or
24.4.6. You publish any actual or potentially defamatory, offensive, racist, harmful or obscene language or material.
25. User Generated Content
25.1. Certain of the Services may invite or permit you to upload your own content (“User Generated Content”).Betway does not exercise editorial control over, and therefore does not endorse any, User Generated Content, and we shall not be liable in relation to such User Generated Content.You understand and agree that you are solely responsible for your User Generated Content.
25.2. For any User Generated Content you provide, you hereby warrant, represent and undertake that such content:
25.2.1. is an original work created by you or you have a licence or the express consent of the owner to use the User Generated Content in that manner;
25.2.2. does not infringe any third party intellectual property rights or privacy rights anywhere in the world;
25.2.3. does not contain any defamatory or otherwise inappropriate materials or statements;
25.2.4. does not contain any form of malicious computer code (e.g., viruses, bugs, trojan horses etc.) which could disable or disrupt any of the Services;
25.2.5. complies with all applicable laws and regulations; and
25.2.6. may be used in connection with publicizing and promoting Betway and its Services.
25.3. Any User Generated Content you provide will be considered non-confidential and lawfully provided by you and you are automatically deemed to have granted us an irrevocable, transferable, royalty-free right and licence to copy, exhibit, publish, distribute or otherwise use and sub-licence that User Generated Content as we see fit, including for commercial purposes. Such uses may include in printed publications, multimedia presentations, on websites or in any other distribution media. You agree that Betway may also use your name, likeness and any other biographical information contained in such User Generated Content as we see fit, including for commercial purposes. In addition, you waive any right to inspect or approve the finished product, including written copy, wherein your likeness or testimonial appears. For the avoidance of doubt, you agree that you will make no monetary or other claim against Betway for its use of your User Generated Content.
25.4. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, employees and service providers (e.g., Facebook) harmless from any liabilities, claims, losses or damages (including reasonable legal fees), however caused, that may arise as a result of or in connection with any User Generated Content.
25.5. If you have any issues with User Generated Content provided by any other customer or if you would like to discuss our use (or non-use) of your User Generated Content, please let us know by contacting us. We reserve the right (but are not obliged to) to edit or remove User Generated Content.
26. Your Personal Data
27. No Warranty
THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Betway, GF, their parent companies, and each of their respective subsidiaries and each of their respective employees, directors, officers, managers, shareholders, agents, prize providers, agencies, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “Betway Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
(a) the Services and any wagering activities (including the Content and the User Generated Content);
(b) the functions, features, or any other elements on, or made accessible through, the Services;
(c) any products, services, or instructions offered or referenced at or linked through the Services;
(d) security associated with the transmission of your wagers, information and User Generated Content transmitted to Betway or via the Services;
(e) whether the Services or the servers that make the Services available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
(f) whether the information (including any instructions) on the Services is accurate, complete, correct, adequate, useful, timely, or reliable;
(g) whether any defects to or errors on the Services will be repaired or corrected;
(h) whether your access to the Services will be uninterrupted;
(i) whether the Services will be available at any particular time or location; and
(j) whether your use of the Services is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A BETWAY PARTY, THE BETWAY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
28.1. YOU HEREBY ACCEPT THAT BY USING THE SERVICES, THERE IS A RISK THAT YOU MAY, AS WELL AS WINNING MONEY, LOSE MONEY.YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND WE ACCEPT NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY CONSEQUENCES THAT ARE ALLEGED TO HAVE OCCURRED THROUGH YOUR USE, OR MISUSE, OF THE SERVICES.
28.2. IF AND ONLY TO THE EXTENT THAT SECTION 28.1 DOES NOT APPLY, THE MAXIMUM LIABILITY OF BETWAY (AND/OR OUR THIRD PARTY SERVICE PROVIDERS, TO THE EXTENT RELEVANT) TO YOU ARISING OUT OF OR RELATING TO THE SERVICES AND/OR THE TERMS, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE SHALL BE LIMITED TO THE AVERAGE BALANCE HELD IN YOUR BETWAY ACCOUNT IN THE PREVIOUS SIX (6) MONTHS (OR THE TERM OF THE ACCOUNT IN THE CASE OF ACCOUNTS OPEN FOR LESS THAN SIX (6) MONTHS).
28.3. WE (AND/OR OUR THIRD PARTY SERVICE PROVIDERS, TO THE EXTENT RELEVANT) SHALL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE ARISING FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, LOSS OF REPUTATION, LOSS OF OPPORTUNITY, OR LOSS OF GOODWILL, OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS, EVEN IF SUCH LOSSES ARE FORESEEABLE OR IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSSES.
28.4. WE ARE NOT LIABLE FOR THE FAILURE OF ANY EQUIPMENT OR SOFTWARE, WHEREVER LOCATED OR ADMINISTERED, OR WHETHER UNDER OUR DIRECT CONTROL OR NOT, THAT MAY PREVENT THE OPERATION OF OUR SERVICES, IMPEDE THE PLACING OF ORDERS FOR BETS OR THE ACCEPTANCE OF BETS, OR PREVENT YOU FROM BEING ABLE TO CONTACT US. WE WILL NOT BE LIABLE FOR ANY LOSS OF CONTENT OR MATERIAL UPLOADED OR TRANSMITTED THROUGH THE WEBSITES AND YOU CONFIRM THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, OR SUSPENSION OR DISCONTINUANCE OF, THE SERVICES. WE RESERVE THE RIGHT TO CANCEL OR SUSPEND THE SERVICES WITHOUT INCURRING ANY LIABILITY.
28.5. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY SUFFER BECAUSE OF ANY ACT OF GOD; POWER FAILURE; TRADE OR LABOR DISPUTE; ACT, FAILURE OR OMISSION OF ANY GOVERNMENT OR AUTHORITY; OBSTRUCTION OR FAILURE OF TELECOMMUNICATION SERVICES OR NETWORKS; OR ANY OTHER ACT, OMISSION, DELAY OR FAILURE CAUSED BY A THIRD PARTY OR OTHERWISE OUTSIDE OF OUR CONTROL.
28.6. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Betway Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Services).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
In exchange for the right to participate in the Services, you agree to indemnify, defend (at our option) and hold the Betway Parties harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) injuries, damages, or losses to persons and property which may be sustained in connection with participation in any wagering transactions, the receipt, ownership, use or misuse of any winnings or while preparing for, participating in and/or traveling to or from any Services related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy; (ii) your User Generated Content; (iii) your use of the Services and your activities in connection with the Services; (iv) your breach or anticipatory breach of these Terms; (v) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services, participation in any wagering transactions, and your other activities in connection with the Services; (vi) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vii) any misrepresentation made by you; and (viii) our use of the information that you submit to us (including your User Generated Content) (all of the foregoing, “Claims and Losses”).We may, in our sole and absolute discretion, require any winner to execute a separate release of claims similar to the one listed above in this Section as a condition of being awarded any bet or receiving any pay-out. You will cooperate as fully required by us in the defense of any Claim and Losses.Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses.You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Betway. We are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.
30. Intellectual Property Rights
30.1. Content. The Services contain a variety of: (i) materials and other items relating to Betway and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Betway (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively, “Content”).
30.2. Ownership. The Services (including past, present, and future versions) and the Content are owned or controlled by Betway and/or our licensors and certain other third parties.All Content included on the Services is used with the permission of Betway, such as text, graphics, logos, icons, images, and audio clips. All right, title and interest in and to the Content available on the Services is the property of Betway or our licensors or certain other third parties and is protected by United States and international copyright, trademark, patent or other intellectual property rights to the fullest extent possible.
30.3. Limited License. Subject to your strict compliance with these Terms and any Additional Terms, Betway grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Services explicitly for you for use as part of or to be incorporated into your User Content (“Betway Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the Betway Licensed Elements are made available on the Services; but we and our licensors and certain other third parties, as the case may be, retain ownership of such Betway Licensed Elements. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Betway’s sole discretion, and without advance notice or liability.In some instances, we may permit you to have greater access to and use of Content and/or Betway Licensed Elements, subject to certain additional terms. You may not distribute, modify, transmit, reuse, re-post, or use the Content on the Services for public or commercial purposes, including the text, images, audio, and video without Betway’s written permission.
30.4. Rights of Others. When using the Services, you must respect the intellectual property and other rights of Betway and others.Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Betway respects the intellectual property rights of others.
30.5. Data Available on the Services. For the avoidance of any doubt you may use the data available from the Websites and the other Services (including for example odds, both live and historical) only as strictly required for your permitted personal, non-exclusive, non-sublicenseable, non-commercial purpose of availing of the Services. Any other use and/or reproduction of the data without prior written consent of Betway is prohibited and will constitute a breach of these Terms. Betway reserves its right to take such action as it considers necessary, including issuing legal proceedings without further notice to you, in relation to any unauthorized use of its data or of the Websites or Services.
31.1. Third Party Linking.
31.1.1. At Betway’s discretion, the Websites or other Services may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Betway of the contents on such third party websites. Betway is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party sites. LINKS TO ANY SERVICES PROVIDED BY A THIRD PARTY ARE NOT INTENDED FOR TRADING OR INVESTING PURPOSES AND BETWAY WILL ACCEPT NO LIABILITY FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR ANY OTHER LOSSES OR DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE INFORMATION PROVIDED.IF YOU DECIDE TO ACCESS LINKED THIRD PARTY WEBSITES, YOU DO SO AT YOUR OWN RISK.
31.1.2. Betway generally welcomes the hyper-linking to our Websites from other appropriate websites provided such links are to our homepage (and no deeper within the Website) and provided Betway gives its written consent to the establishment of such links. Betway reserves the absolute right to refuse to consent to such links without giving reasons.Any links to the Websites from another website must be presented in such a manner that the viewing of the Websites is not impaired by framing or similar techniques that may impair a browser’s experience.
31.1.3.Betway does not permit linking from its Websites or its Services to third party websites or services or the display of third party content on top of, or in addition or as an alternative to, our Websites or Services without our express written consent.In particular, Betway expressly prohibits third parties from framing, similar techniques or other acts of impairment of a user’s experience when they visit our Websites or engage with our Services.To this end, and by your acceptance of these Terms whether as registered member or otherwise, you hereby acknowledge that where you engage in any of the foregoing prohibited actions: (i) damages may not be an adequate remedy for any infringement and that we are entitled to the remedies of injunction, specific performance, an order to deliver up materials which infringe our intellectual property rights and any other statutory or equitable relief and that no proof of special damages is necessary for reliance on such remedies; and (ii) you shall indemnify us for any liabilities, losses or damages (including reasonable legal fees), however caused, that may arise as a result of or in connection with your non-compliance with this Section.
31.2. Transfer and Assignment. On occasion, we may require the ability to transfer, assign or sublicense these Terms to a third party, for example (but without limitation) in the case of our engaging new third party service providers in respect of the certain gaming services or in the case of a merger or acquisition. You hereby consent, and we reserve the right to, transfer, assign or sub-licence these Terms, in whole or in part, to any person without requiring any additional consent and without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms without our prior written consent.
31.3. Severability. If any provision of these Terms is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that provision will be, to the extent strictly necessary, severed from the remaining terms and conditions and that determination shall not affect the validity of the remaining provisions of these Terms. In the case of the severance of any terms, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the original intent in these Terms.
31.4. Waiver. Failure by Betway to insist upon strict performance of any of your obligations or to exercise any of the rights or remedies to which we are entitled shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations and a waiver by us of any default shall not constitute a waiver of any subsequent default.
31.5. Notices. Notices and other communications delivered or mailed to the postal address or to the electronic-mail address provided by you shall, until we have received notice in writing of any different address, be deemed to have been personally delivered once sent whether actually received or not.
31.6. Entire Agreement. These Terms and any documents referred to herein represent the entire agreement between Betway and you and supersede any prior agreement, understanding or arrangement, whether oral or in writing. We each acknowledge that we have not relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us except as expressly stated in these Terms.
31.7. Communications.When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive.You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
31.8. Investigations; Cooperation with Law Enforcement; Termination; Survival. We reserve the right, without any limitation, to: (i) investigate any suspected breaches of the Services’ security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms; and (vi) discontinue the Services, in whole or in part, or, except as may be expressly set forth in any additional terms, suspend or terminate your access to it, in whole or in part, including any Accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to us under these Terms. Upon suspension or termination of your access to the Services, or upon notice from us, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Services. The provisions of these Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
32. Disputes & Governing Law
32.1. APPLICABLE LAW/BINDING ARBITRATION. SUBJECT TO SECTION 5.1.7, ALL OTHER CONTROVERSIES OR CLAIMS ARISING OUT OF OR RELATED TO OUR SERVICE OR THESE TERMS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO AND THE UNITED STATES OF AMERICA, WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE.ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE SERVICES, WAGERING TRANSACTIONS, THE WEBSITES, THE BETTING APPS, OR THE BREACH OF THESE TERMS AND/OR THE SCOPE OF THE PROVISIONS OF THIS ARBITRATION SECTION, SHALL BE SUBMITTED TO JAMS (“JAMS”) FOR FINAL AND BINDING ARBITRATION UNDER ITS STREAMLINED ARBITRATION RULES, TO BE HELD IN COLORADO BEFORE A SINGLE ARBITRATOR WHO SHALL BE A RETIRED JUDGE.THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY STRIKING FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS.THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED.THE ARBITRATOR SHALL HAVE THE POWER TO ENTER TEMPORARY RESTRAINING ORDERS AND PRELIMINARY AND PERMANENT INJUNCTIONS. NEITHER PARTY SHALL BE ENTITLED OR PERMITTED TO COMMENCE OR MAINTAIN ANY ACTION IN A COURT OF LAW WITH RESPECT TO ANY MATTER IN DISPUTE UNTIL SUCH MATTER SHALL HAVE BEEN SUBMITTED TO ARBITRATION AS HEREIN PROVIDED AND THEN ONLY FOR THE ENFORCEMENT OF THE ARBITRATOR’S AWARD.
32.2. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.
32.3. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim in small claims court.
32.4. No Class Action Matters. Except where prohibited by law, you agree that: (a) any and all disputes, claims and causes of action arising out of or connected with the Services, any wagering transaction and winnings awarded in connection therewith will be arbitrated only on an individual basis, without resort to any form of class action, and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Services, but in no event attorneys’ or experts’ fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
32.5. Waiver of Injunctive or Other Equitable Relief. IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR PARTICIPATION IN THE SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND.THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITES, APPLICATIONS, CONTENT, USER GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY US (INCLUDING YOUR LICENSED USER CONTENT) OR A LICENSOR OF BETWAY.
33. Contact Us
Should you have any concerns, please contact us.
Please visit our Responsible Gaming Page for information regarding complaints and disputes.