SportsBroker - Terms and Conditions
These Terms are effective from 1st January 2020 and shall supersede and replace all previous versions
SUMMARY OF OUR TERMS AND CONDITIONS
The information set out below is a summary of our key terms for information purposes only. This does not replace the full Terms set out below. You should read and agree to the full Terms before registering and using our Services. In the event of any conflict between this summary and the full Terms, the full Terms will apply.
- References to "SportsBroker", "we", "us" and/or "our" shall refer to SportsBroker Malta.
- You will have an Account with SportsBroker Ltd ("SportsBroker"). SportsBroker is licensed in Malta and regulated by the Malta Gaming Authority ("MGA").
- You must be 18 (eighteen) years of age or older and meet the other eligibility and verification criteria to use our Services. See Clause 4.2.
- You can only register 1 (one) Account with us. See Clause 13.1.3.
- Fraudulent activity or cheating is prohibited. If we close or suspend your Account because of fraud or cheating, we may withhold the funds in your Account. See Clause 17.2.
- In the event of an error on the Service, we may take various actions including the voiding of an affected Bet and/or Order. See Clause 10.2.
With the exception of: (i) any winnings lawfully due to you; (ii) our liability for fraud, death or personal injury resulting from our negligence or (iii) to the extent our liability cannot be excluded or limited as a matter of law, our maximum liability to you in relation to any one incident or series of related incidents is limited to:
- where such liability relates to a specific Bet which you have placed, the value of the respective stake paid by you;
- where such liability relates to the misapplication of funds in your Account, the amount that has been lost or misplaced;
- where such liability relates to any other liability of SportsBroker, our maximum liability shall be one thousand pounds (£1,000).
We shall not be liable to you for any of the matters set out at clause 20.3, including any loss you may suffer from a cyber-attack on the Services. See Clauses 20.2 and 20.3.
- If you have a complaint, you can contact our customer services team. If your complaint is not resolved within 8 (eight) weeks, you may refer your complaint to the Maltese Alternative Dispute Resolution Entity ("MADRE"). See section 26.
Resolution Entity ("MADRE"). See section 25.
The following words and terms, when used in these Terms, shall have the below meaning:
- Account: An account with SportsBroker for the use of the Websites and Mobile Applications.
- Bet: A Completed Buy Order (as defined in the Betting Rules).
- Betting Rules: The rules for SportsBroker's online sports betting Services, which can be accessed at https://www.sportsbroker.com/betting-rules.
- Buy Order: Has the meaning set out in the Betting Rules.
- Mobile Applications: The SportsBroker application operated by SportsBroker Malta under its Malta Gaming Authority ("MGA") licence and Mobile Application refers to any one of them.
- Order: Has the meaning set out in the Betting Rules.
- Player or you: A person who has an Account.
- Published Price: Has the meaning set out in the Betting Rules.
- Sell Order: Has the meaning set out in the Betting Rules.
- Services: All games, services and any related content or software, which is made accessible via the Websites or Mobile Application and that enable you to participate in the services provided by SportsBroker.
- SportsBroker GB: Sport Brokers (UK) Limited, Eldon House, Penistone Road, Kirkburton, Huddersfield, West Yorkshire, England. Company Number: 12327268.
- SportsBroker Malta: SportsBroker Ltd, a company registered in Malta, with a registered office at Ewropa Business Centre, Level 3 – 701, Dun Karm Street, Birkirkara BKR 9034, Malta, with company number C85958.
- SportsBroker, us, our or we: shall refer to SportsBroker Malta.
- SportsBroker Group: SportsBroker Malta, SportsBroker GB, any subsidiary or parent company of SportsBroker Malta or SportsBroker GB, or any subsidiary of a parent company of SportsBroker Malta or SportsBroker GB.
- Terms: These terms and conditions.
- Websites: www.sportsbroker.com and other URLs and subdomains belonging to and operated by SportsBroker Malta under its Malta Gaming Authority ("MGA") licence and Website refer to any one of them.
2. ABOUT US
- You will have an Account with SportsBroker Ltd, a company registered in Malta, with a registered office at Ewropa Business Centre, Level 3 – 701, Dun Karm Street, Birkirkara BKR 9034, Malta, with company number C85958 ("SportsBroker Malta").
- SportsBroker Malta will be responsible for providing the Services to you.
- SportsBroker Malta is licensed and regulated by the Maltese Gaming Authority ("MGA"), pursuant to authorisation number: MGA/CRP/538/2018 issued on the 06/11/2019.
- We reserve the right to amend the terms of any document that constitutes part of the Agreement. If we amend the terms of this Agreement, we will notify you of any such amendment by including a pop-up message on the Services or through another communication method. You will be asked to re-confirm acceptance of this Agreement before the changes come into effect. If any amendment is unacceptable to you, you shall not be allowed to play unless you accept the new terms and conditions, but shall be allowed to withdraw your deposits.
- This Agreement governs your use of the Services and supersedes any and all prior agreements between you and us in respect of the same.
4. OPENING AN ACCOUNT: GENERAL
- To open an Account, you must complete our online registration form, including providing the following personal details: first name, surname, address and date of birth. You confirm that any personal details provided are correct and that you will notify us should these details change.
By opening an Account, you declare that:
- you are 18 (eighteen) years of age or older and acknowledge that underage gambling is an offence;
- you have not self-excluded from the Services;
- you do not already hold an Account;
- you are not opening the Account in order to sell or transfer the Account to other players.
- It is likewise prohibited to acquire accounts from other players.
- We prohibit player collusion and take measures to prohibit the use of devices, such as robots, that distort normal games play.
The following persons may not open an Account or use the Services directly or indirectly:
- a person who is or has been, over the last 2 (two) years, employed or contracted by any SportsBroker Group company; and/or
- any relatives of a person listed at 4.5.1 (in this clause, the term "relatives" means spouse, partner, parents, children or siblings).
- Each time you access the Services, you repeat the declarations at 4.2.2 and 4.5.
- At our sole discretion, and without having to provide a reason, we may refuse a person's request to open an Account.
5. OPENING AN ACCOUNT: AGE AND IDENTITY VERIFICATION
We are required to verify your age and identity. We will attempt to automatically verify your details based on the information you submit during the process to open your Account, but if we cannot do so you will be required to provide identification documents, by sending them by email to email@example.com proving your age and/or identity. Acceptable identification documents include, but are not limited to:
- copy of a valid photographic identification document, such as a passport or driver's licence; and
- copy of a recent utility bill from within the last three months and which confirms your address, such as an electricity bill, telephone bill, etc.; and
- copy of a recent statement from the bank account or credit card which you have used to deposit funds.
- If your details cannot be verified based on the documents provided, you will need to provide additional information until we are able to successfully verify your age and/or identity. If we cannot complete the verification, we may suspend or terminate your Account.
- You authorise us to conduct any identification, credit or other verification checks that may be required, at the date when you open an Account and at any time during the period when you hold an Account.
- To make a deposit, click on the 'Deposit' link on any of our Websites or Mobile Applications.
- Acceptable forms of payment which can be used to deposit monies are set out in the FAQ's on the Service. We reserve the right to alter the payment methods that we consider to be acceptable forms of payment. We reserve the right in our absolute and sole discretion to refuse any type of payment for any reason, regardless of whether previous payments have been processed to or from a particular method, or if that payment method is usually accepted in respect of any Player.
- All deposits may be subject to your bank and/or payment provider's authorisation and we accept no liability where this is not provided.
- The minimum deposit is €10 or the equivalent amount in your chosen currency.
- We do not charge you for making a deposit. However, certain banks may charge additional banking charges or overdraft fees and you accept that it is your responsibility to check whether such charges will be made by your bank.
- If we incur any charge-backs, reversals or any other charges in respect of your Account, we reserve the right to charge you for the relevant amounts incurred.
- You may only deposit money in your Account for the purposes of using such money on our Services. We shall have the right to suspend or close your Account if we reasonably believe that you are depositing money without any intention to use such money on our Services.
- You declare that any funds you deposit are not associated with any illegal activity, in particular, that they do not derive from any illegal activity or source and that you will not use the Services for illegal activity, including fraud or money laundering.
7. GAMBLING: GENERAL
- You acknowledge that there is a risk of losing money when using the Services to gamble and that you are responsible for such loss.
- All Bets/ Orders are subject to the Betting Rules. Before placing an Order, it is important that you read and understand the Betting Rules to understand the terminology and how Orders are placed on the Services.
We reserve the right to:
- accept or decline the whole or part of any proposed Order; and/or
- limit the maximum amount of any proposed Order.
- You are fully responsible for any Order placed on your Account. If an Order is made using your Account and accepted on the Services, the Order will be considered to have been made by you and shall be considered valid unless it contravenes any term of the Agreement.
- SportsBroker will not be held responsible for any mistakes made by you during the placing of an Order, including the amount of the stake or the type of the Order (i.e. a Buy Order or Sell Order), and such mistake will not affect the validity of an Order or its ability to be accepted or executed on the Services. SportsBroker also bears no responsibility for monitoring and managing the status of any Order on your Account.
- We reserve the right to void any Bet and withhold any monies if we establish that any Bet has been placed with third party funds.
- You acknowledge that slower devices or internet speeds may result in delays to your use of the Services and result in disadvantages when placing an Order. In particular, with regards to in-play betting, you acknowledge that 'live' TV or other broadcasts are delayed and that other Players may have more up-to-date information.
- You may only place a Buy Order up to the value of the cleared funds in your Account. We reserve the right to void any Bet which we may have accepted in error when your Account did not contain enough cleared funds.
- An Order is not considered to have been placed or executed (as defined in the Betting Rules) unless you receive an on-screen notice from us that confirms that the Order is respectively placed or executed. If a dispute arises in relation to an Order, our database will be the ultimate authority in such dispute, in particular with regards to whether such Order was placed or executed and the respective time it was placed or executed.
- We only accept an Order if it is made using the Services. An Order may not be placed in any other way.
- In order for a Bet to be valid, the action of a Player placing a Bet must not breach any rules about irregular and/or suspicious betting or misuse of inside information relevant to a sports governing body, other professional body of which the Player is a member or their employer. Where a breach of such rules is identified, we reserve the right to void such a bet.
In the event of any information being received by us in relation to irregular betting patterns and possible instances of event manipulation, we reserve the right, at our discretion, to:
- suspend our offering on any event or series of events in any of our markets;
- delay and/or withhold payment on any event or series of events until the integrity of such event or series of events has been confirmed to us; and
- void any respective Order and/or Bet if event manipulation is confirmed as having taken place.
We reserve the right to void an Order and/or Bet if:
- the underlying event has been cancelled;
- there is a location change for the underlying event;
- there is adverse weather (i.e. natural disaster); or any other event of similar nature that impacts the underlying event.
- If an Order and/or Bet is voided, SportsBroker reserves the right to adjust the prices of any Shares affected by such Order/ Bet, with the objective of adjusting the price of those affected Shares to a price as if such Order and/or Bet had not been executed.
8. GAMBLING: PROMOTIONS
- The terms of any promotion offered on the Services will be clearly stated in specific terms for each promotion and shall be read in conjunction with the general terms set out in section 8.
- Unless otherwise stated in specific terms for a promotion, any "free bet" stake will not be included in any return and must be gambled before being withdrawn.
- Each promotion is restricted to one entry per Player unless otherwise stated in the specific promotional terms.
No account restrictions will be enforced against you after you have made one or more qualifying Bets as part of a Free Bet Promotion (defined at 8.5 below), where enforcing such account restriction would:
affect your ability to:
- receive the free bets, or the full expected value of the free bets from that Free Bet Promotion, having placed all the necessary qualifying bets;
- place the remaining qualifying bets required by that Free Bet Promotion and consequently receive the free bets, or the full expected value of the free bets from that Free Bet Promotion, to which you would be entitled as a result;
- complete any betting requirements associated with that Free Bet Promotion; or
- materially affect your ability to complete the qualifying bets required by that Free Bet Promotion.
- For the purpose of clause 8.4, "Free Bet Promotion" means a promotion where a bonus is added to your Account specifically for betting on sports, including bonuses (i) in the form of a free bet of a fixed value or (ii) in the form of funds with a value linked to the amount of a deposit for multiple wagers and which is subject to wagering requirements.
9. WINNINGS/PROCEEDS FROM A SELL ORDER
- We will credit your Account with your proceeds from a Sell Order, including winnings (i.e. profit from a Sell Order), as soon as practicable and subject to any circumstance where we are permitted and/or required to withhold winnings.
- If you believe that you have not received any monies due to you then you should notify us as soon as possible and provide evidence for your claim.
- You are responsible for reporting your proceeds from a Sell Order (including winnings) and losses if such reporting is required by your local law or tax authorities. It is your responsibility to pay any tax or levy due on any monies paid to you by us.
While we attempt to ensure that the Services do not contain errors, errors may arise. A non-exhaustive list is set out below:
- an Order is accepted where you do not have enough cleared funds in your Account;
- information relating to an Order has been incorrectly displayed on the Services;
- an Order has been accepted on a closed or suspended market;
- an Order has been accepted at a value which is obviously incorrect;
- a Bet has been settled, but it becomes necessary to re-settle the Bet because of result changes;
- the number of winnings, returns or promotional benefits/bonuses paid are miscalculated as a result of human error or system error;
- an error or technical issue with the Services (including a technical error, such as an error which prevents access to the Services);
- an error in determining the price of a Share;
- an Order has been accepted in circumstances that breach these Terms.
- In the event of an error in the published odds or the payable, SportsBroker will notify the user of the error, void all bets and cancel any winnings. SportsBroker will seek to place all parties directly affected by such an error in the position they were in before the error occurred.
In the event of an error on the Service:
- you must notify us of any error, to the extent you become aware of such error;
SportsBroker reserves the right but is not obligated, to:
- correct any consequent error on a Bet and/or Order and settle it accordingly (or re-settle such Bet if it has already been settled), including executing a Buy Order or Sell Order which occurred during the period when there was an error which affected the value of the respective Share, but at a rate in accordance with the correct value of the respective Share; or
- declare an affected Bet and/or Order void and return the Bet stake to your Account (if applicable),
- revise the value of any Shares held by Players.
to the extent that your Account has been credited with monies as a result of an error, such amounts shall be deemed to be held by you on trust for SportsBroker and SportsBroker may:
- withdraw the relevant amount from your Account; and/or
- cancel/reverse any withdrawal which you have made; and/or
- to the extent that you have withdrawn such amounts, make a demand for payment for such amount and you shall then immediately repay such amount to SportsBroker; and/or
- void any subsequent Bet and/or Order placed using such monies and/or withhold any monies which you acquired from placing subsequent Orders with such monies and/or take any action described above at 10.2.3(a), (b) or (c) in relation to such subsequent Bet and/or Order.
11. FUNDS IN YOUR ACCOUNT
- Funds in your Account, including any available balance, do not bear interest. You shall not treat SportsBroker as a financial institution.
- We hold customer funds separate from company funds in a private bank account at Sparkasse Bank, Malta. This means that steps have been taken to protect customer funds but that there is no absolute guarantee that all funds will be repaid.
- We are required to comply with regulations and legislation which requires that we may need to undertake checks on the source of funds deposited by you. SportsBroker may at any time request you to not only verify your identity and address but also request proof of ownership for any payment method used to deposit or withdraw funds (including the source of wealth and/or source of funds). This may include, but not be limited to, copies of bank statements or payslips.
- After a period of no less than 12 (twelve) months of Account inactivity, we reserve the right to close a dormant Account and will attempt to return any funds to the last payment method used by the Player. If we are unable to return such funds, we shall charge a fee of £2 GBP per month (or an equivalent amount in the currency in your Account) in relation to such a dormant account.
- We may at any time offset any positive balance on your Account against any amount owed by you to us (including under a duplicate Account). Any negative balance on your Account will fall immediately due and payable to us and your Account will only be closed when this amount has been fully repaid.
- Any balance shown on your Account shall unless proven otherwise, be deemed to be correct.
- You may withdraw the available balance from your Account at any time, subject to any other terms in these Terms.
- To withdraw funds from your Account, visit the 'Wallet' section on the Services.
- The standard minimum withdrawal amount is €10 (or its equivalent in another currency) as may be amended from time to time. However, Players who have a balance lower than this minimum can contact customer services in order to withdraw the full balance amount. Contact details of customer services can be found in section 25.
- Where funds are withdrawn, they will be subject to a clearance period determined by the card-issuing bank (normally 1 - 2 working days) or online payment services (normally the same day).
- SportsBroker will carry out additional verification procedures for any withdrawals exceeding the equivalent of €2,000, which value can be calculated either on a daily basis taking into account all withdrawals effected by you since the establishment of the business relationship or on the basis of a rolling period of 180 days.
- Any withdrawals must be via the same method that was used to deposit a respective amount of funds and will be remitted only to the account from where the funds paid into your Account originated, subject to clause 12.7.
- If you deposit using a credit card which does not allow us to pay funds back to your credit card, we will arrange for your funds to be paid back to your bank account, subject to documentary evidence being provided, which may include identity documentation, bank statements and payment method details. See https://www.sportsbroker.com/faq for details of credit cards which will permit you to deposit into your Account but where we cannot process withdrawals from your Account to such card.
13. USE OF ACCOUNT: GENERAL RESTRICTIONS
You must not:
- use the Services in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person;
- open an Account on behalf of a third party, as above at clause 4.2.4, or authorise any third party to use your Account, but you will be entirely responsible for all losses which are incurred as a result of having a third party use your Account. You must immediately inform SportsBroker if you suspect that another person has obtained access to your Account, and you must offer your full assistance to SportsBroker while investigating this issue;
hold more than one Account, and SportsBroker reserves the right to close all multiple Accounts that have been opened under the same name or connected to the same Player. If a Player has opened multiple Accounts, without limitation to any other rights SportsBroker has under this Agreement, SportsBroker has the right to:
void all such Bets on Accounts and to the extent that your Account has been credited with monies as a result of such Bets, such monies shall be deemed to be held by you on trust for SportsBroker and SportsBroker may:
- withdraw the relevant amount from your Account; and/or
- cancel/reverse any withdrawal which you have made; and/or
- void any subsequent Bet and/or Order placed using such monies and/or withhold any monies which you may have acquired from placing further Orders with such monies and take any action described above at 13.1.3(a)(i),(ii),(iii), and/or
suspend and/or close:
- all such Accounts; or
- all such Accounts, with the exception of the first Account that the Player opened and credit such first Account with the balances from the other Accounts that have been closed.
- use the Services in any way other than for your personal use and for your own benefit;
- collude with any other Players on the Services;
- give any indication that you have any commercial relationship with us or that you are our agent;
- acting in any manner that is detrimental to the operation of the Services;
- misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
- attempt to gain unauthorised access to: our Services; the servers from which our Services are operated; or any server computer or database connected to our Services;
- use programs or interface with our Services using any third-party software, including any third-party software or services (including websites or subscription services) which are designed to provide an unfair advantage. For the purpose of this clause, an "unfair advantage" means any instance which exploits or participates in the exploitation of a fault, loophole or error in our Services or any third party's software, or otherwise manipulates the Services, and uses it to our disadvantage, the gameplay or other Players;
- act in any manner which is a threat to the integrity of sport;
- place any Order that would be in breach of any rules on betting, including any rule about irregular and/or suspicious betting or misuse of inside information, relevant to a sport's governing body or other professional body of which you are a member or your employer. If we identify a breach of any of the rules described in this clause, we may void such Order and/or provide the relevant sport governing body with sufficient information to conduct an effective investigation;
use the Services in any manner which we would reasonably consider to be 'cheating', which shall include but not be limited to:
- colluding with other persons;
- using software to gain an advantage;
- exploiting any weaknesses within the Services;
- 'courtsiding' or any similar activity;
- betting on sporting events which have been subject to 'match-fixing'; or
- using insider information.
- If SportsBroker is required to cease operations, either completely or in relation to a specific territory, and consequently has to close your Account, SportsBroker reserves the right to: (a) void any open Order on a set date and return the stake for such Bet to the Customer; (b) implement an Instant Sell Order in respect of any Shares which are currently held by a Player in such a territory.
14. USE OF ACCOUNT: TERRITORIES
- Access to the Services may not be legal for residents of, or persons located in, certain countries. Our Services do not constitute an offer or invitation by us for the use of our Services in any jurisdiction in which such activities are prohibited by law. It is your responsibility as a Player to know if our Services are legal in the territory in which you are playing. SportsBroker will not accept any responsibility for any punishment that could be imposed on a Player by the relevant authorities following the use of the Services.
Without limitation to the other provisions in this section, you must not use our Services if you are:
- in a jurisdiction (or a resident of a jurisdiction) that renders the provision of our Services to you or your use of them illegal; and/or
- located in the United States of America; and/or
- located in Great Britain.
- If we discover or reasonably believe that you are accessing the Services in a country in which the use of the Services is not legal, we shall be entitled to immediately suspend or close your Account, void any Bet and/or Order and we shall not be liable for any losses incurred as a result of such suspension, closure or voiding such Bet and/or Order.
15. CLOSING AN ACCOUNT
- You have the right to close your Account at any time. You should make a request to close your Account via e-mail firstname.lastname@example.org or by visiting the 'Gaming Controls' link within the Services and navigating to the account closure link. You will need to provide a reason for closing your Account and re-enter your password, your Account will automatically then be closed.
- SportsBroker has the right to close any Account at any time.
- Subject to these Terms, including terms which permit SportsBroker to withhold payment of monies, any contractual obligations of either a Player or SportsBroker which have been made prior to an Account being closed will be honoured.
- You remain responsible for activities on your Account until it is closed.
- Upon our confirmation of the closure of your Account, we will notify you and provided that you have complied with these Terms, we will send you the sum on deposit in your Account by the last method of payment that you used to deposit funds into your Account or such other method of payment determined by us.
At the time of the closure of your Account:
- any Order shall be voided; and
- any Share (as defined in the Betting Rules) which you hold will be sold as an Instant Sell Order (as defined in the Betting Rules) and you will receive 90% of the Published Price of such Shares at the time of the execution of such Instant Sell Order. Any proceeds will then be paid to you by the last method of payment that you used to deposit funds into your Account or such other method of payment determined by us.
16. PERSONAL INFORMATION
17. FRAUD, MONEY LAUNDERING, SUSPICIOUS ACTIVITIES
- We reserve the right to request any documentation reasonably required in order to meet our legal and regulatory requirements or comply with our internal fraud prevention procedures. Furthermore, transactions are monitored in order to prevent money laundering.
If we reasonably believe an Account to be involved in fraud, money laundering and/or any other form of illegal or suspicious activities, we reserve the right to:
- report such details as we reasonably consider are necessary to relevant authorities;
- suspend or close the Account; and/or
- withhold and/or retain any and all amounts which would otherwise have been paid or payable to you (including without limitation any winnings or bonus amounts).
- If we close or suspend your Account for any of the reasons referred to above in this section 17, you shall be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by us arising as a result of or in connection with your fraudulent or otherwise illegal activities ("Claims"), and you agree to fully compensate us for any costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, any loss of profit and any loss of reputation) in respect of such Claims.
18. BREACH OF THE AGREEMENT
If we have reason to believe that you are in breach of the Agreement or if we are required to do so by law, we reserve the right, at our reasonable discretion, to:
- suspend your Account; and/or
- close your Account; and/or
- void any Bet and/or Order; and/or
- cancel any withdrawals; and/or
- withhold your Account balance; and/or
- recover from your Account the amount of any affected pay-outs, bonuses and winnings; and/or
- require that any amount which was won and/or withdrawn in breach of the Agreement is returned to us; and/or
- require that any amount which was won and/or withdrawn is returned to us if required by law; and/or
- implement a permanent ban from our Services.
- You agree to compensate us for any costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, any loss of profit and any loss of reputation) arising in relation to a breach of the Agreement.
- You agree that we may use monies in your Account (and/or any duplicate Account) to settle any liabilities we may incur as a result of your breach of the Agreement.
19. ACCOUNT SUSPENSION
- We shall be entitled to suspend Your Account in the circumstances expressly set out in these Terms.
Upon the suspension of your Account:
- we may void an Order which has been placed but not yet executed;
- no activity shall be permitted (including deposits, withdrawals, or placing Orders) until the date upon which it is re-activated by SportsBroker;
- no bonuses or contingent winnings will be credited to your Account; and
- we shall address the issue that has given rise to the Account suspension with a view to resolving it as soon as reasonably practicable so that the Account can, as appropriate, either be re-activated or closed.
20. LIMITATIONS AND EXCLUSIONS
Nothing in these Terms shall exclude or limit our liability:
- for fraud by SportsBroker, although fraudulent activity by a third party (including a fraudulent activity related to a cyber-attack by a third party on the Services) shall be limited by the respective clauses in section 20 of these Terms,
- for death or personal injury resulting from our negligence; or
- to the extent such liability cannot be excluded or limited as a matter of law.
Subject to clauses 20.1, 20.3 and 20.4, and save in respect of any winnings lawfully due to you in accordance with this Agreement, our maximum liability to you in relation to any one incident or series of related incidents is limited as follows:
- where such liability relates to a specific Bet which you have placed, the value of the respective stake paid by you;
- where such liability relates to the misapplication of funds in your Account, the amount that has been lost or misplaced, though for the avoidance of doubt this shall not include any liability which is excluded pursuant to clause 20.3.2;
- where such liability relates to any other liability of SportsBroker (i.e. which is not covered by clauses 20.1, 20.2.1 or 20.2.2), our maximum liability shall be one thousand pounds (£1,000 GBP).
Subject to clause 20.1, we (and/or our third-party services 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;
for any loss or damage that you may suffer because of:
- any act of god;
- power failure;
- trade or labour dispute;
- any 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;
for any loss or damage that you may suffer because of the use of our Services which breaches these Terms, including in respect of any losses you may incur if you continue to use the Services after you have self-excluded, in particular where:
- you have sought to circumvent a self-exclusion via an additional Account;
- you have changed any of the registration details in your Account or opened a new Account;
- you have continued to gamble with us between your self-exclusion registration and us applying such self-exclusion to our Services.
- SportsBroker is not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to the gameplay. Refunds may be given solely at the discretion of the management.
- SportsBroker shall accept no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with the Websites or their content; including without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person's misuse of the site or its content or any errors or omissions in content.
- Our liability to you is limited to the proportion of your loss or damage which either we agree, or is found by a court to be just and equitable, after taking account of the contribution to the relevant loss and damage of any other person responsible and/or liable to you in respect of that loss or damage.
21. INTELLECTUAL PROPERTY
- The Services contain SportsBroker's own proprietary content as well as the content of third-party providers. All intellectual property rights in the Services and in such content on the Services shall remain at all times the property of SportsBroker or its third-party providers.
- The names, images and logos identifying us, our partners or third parties and our/their products and services contained in the Services are proprietary marks and may not be reproduced or otherwise used without express permission.
- Nothing contained in these Terms shall be construed as conferring by implication any licence or right to use any trademark, patent, design right or copyright that belongs to us or any third party.
- No part of our Services may be reproduced, stored, modified, copied, republished, uploaded, posted, transmitted, distributed, transferred or exploited, by any means or in any manner, or included in any other website or any other public or private service including text, graphics, video, messages, code and/or software without our express written consent.
- Any commercial use or exploitation of the Services or its content is strictly prohibited.
22. RESPONSIBLE GAMBLING
Responsible Gambling Tools
- You can set a limit on the deposits you make. Information on setting limits, and subsequently amending or removing such limits, may be found at https://sportsbroker.com/app/gaming-controls/deposit-limits.
SportsBroker's self-exclusion service
- We offer a self-exclusion service and will use reasonable endeavours to ensure you are excluded from the Services as soon as reasonably practicable after you have submitted a request for self-exclusion.
If you self-exclude:
- any funds in your Account will be returned to you by the last method of payment you used to deposit, or such other method of payment determined by us;
- any open Order will be cancelled to the extent possible;
- any Share (as defined in the Betting Rules) which you hold will be sold as an Instant Sell Order (as defined in the Betting Rules) and you will receive 90% of the Published Price of such shares at the time of the execution of such Instant Sell Order. Any proceeds will then be paid to you by the last method of payment you used to deposit, or such other method of payment determined by us.
23. EXCEPTIONAL CIRCUMSTANCES
Aborted or Miscarried Games
- In the event of a system malfunction, all wagers are void.
- In the event a game is started but miscarries because of a failure of the system, SportsBroker shall refund the amount wagered in the game to the user by crediting it to the user's Account or, if the account no longer exists, by paying it to the user in an approved manner; and if the user has an accrued credit at the time the game miscarried, credit to the user's Account the monetary value of the credit or, if the account no longer exists, pay it to the user in an approved manner.
Bets may be declared void at our discretion, including in, (but not limited to), the following situations:
- Where the bet relates to an event which has not commenced 36 hours after the scheduled start time;
- If the result of an event becomes publicly known before the end of the event;
- If there is any transmission error or other technical issue;
- Where there is suspicion of fraud;
- If the bet is accepted after the beginning of a race, a game or an event;
- If the actual date or time of the bet or necessary personal data of the betting client are missing due to transmission errors. In such cases, the stakes will be transferred back to your account.
SportsBroker Ltd. reserves the right, at its own discretion, to:
- close an existing account and/or decline to accept deposits without any explanation, provided that any wagers and winnings already made will be honoured by the Company as long as these were not acquired by fraud or other illegal or illicit means;
- limit or refuse bets;
suspend and/or cancel the person from promotional activities, competitions or other services, whenever SportsBroker is of the opinion that there are legitimate concerns that the account is, has been or may be used for illegal, fraudulent or dishonest activities. In this case, SportsBroker Ltd. shall:
- request documents for verification of identity, the authorisation to use a specific card and/or other facts provided by the account holder, before expediting withdrawals, and lock a players account and confiscate its funds if the player fails to provide such documents within 90 days;
- hold and manage funds belonging to the account holder in accordance with generally accepted guidelines for cash management. This may include a financial institution and/or a payment solution provider being entrusted to hold funds in the name of and/or for the benefit of the account holder;
- forfeit and/or confiscate funds available on an account and/or refuse to honour a claim, in the event that, directly or indirectly, these Terms and Conditions have been violated and/or other unauthorised
- to terminate events and/or games provided that if there were any outstanding wagers on the terminated event or game, the affected player shall be reimbursed the value of his wager. Any wins made prior to the termination of the event or the game will be honoured by SportsBroker.
- We reserve the right to suspend part or all of the Services, modify, remove and/or add a product to the Services at our reasonable discretion with prior notice to you wherever possible, however, some amendments to products or the Services may be required to be made with immediate effect and without notice.
- We provide the Services on an 'as is' and 'as available' basis and no guarantee is provided that any specific products will be made available on the Services. We do not give any assurance or warranty that the Services will be free from errors or omissions nor that there will be uninterrupted provision of the Services.
- Where the Services link to third party websites, content and resources this does not constitute an endorsement by us of that third party's website or their products or services and we do not accept any liability in respect of your use of such websites.
- The information on the Services which we or third parties provide (including results, statistics, fixture lists) is for your personal use only and the distribution or commercial exploitation of such information by you is strictly prohibited. We do not give any assurance or warranty in respect of the uninterrupted provision of such information, its accuracy or any Order placed in relation to such information. No information which we or third parties provide on our Services is intended to amount to advice or recommendations and is provided for information purposes only.
- It is your responsibility to maintain the confidentiality of the details which you use to log into your Account, including any Player ID or password. If you become aware that another person has knowledge of your password, you must change your password immediately. You are also responsible for the security of any linked email address and the security of any personal computer or device (through password protection, screen locks, etc.) on which the player account is accessible. SportsBroker shall not be held responsible if there is unauthorised use of the account.
- We may transfer our rights or obligations or sub-contract our obligations under the Agreement to another legal entity. You agree that we may do so provided that this will not adversely affect the standard of Services you receive. In the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations to another legal entity, your only rights under or in connection with the Agreement will be against the new legal entity and not against us.
- This Agreement is not intended to give rights to anyone except you and us. This does not affect our rights under clause 24.7.
- This Agreement is personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
- If you breach the Agreement and we take no action against you, we will not be deemed to waive our rights in relation to such breach and shall still be entitled to use our rights and remedies in relation to such breach or any other situation where you breach the Agreement.
- If any part of the Agreement is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
- Any rights not expressly granted in the Agreement are reserved.
- These Terms and any other document that constitutes part of the Agreement may be published in several languages.0 Should any form of discrepancy arise between the non-English and the English version, the English version shall prevail over the non-English version.
Should there be any conflict between the Terms, Betting Rules and specific terms of a promotion, the order of precedence shall be as follows:
- the specific terms of a promotion;
- the Betting Rules; and
- these Terms.
If you need to contact us, you can contact our customer services team using the following methods:
- via our online chat services available 24 hours per day; or
- email us at email@example.com.
- If we need to notify you under the Agreement, we will do so by email to the email address registered to your Account.
- Any abuse of our customer services team will not be tolerated, and we reserve the right to suspend or close your Account in such an event.
26. COMPLAINTS AND DISPUTES
- If you have any cause to complain about anything that has happened as a result of your use of the Services, you should notify us by contacting customer services by chat, phone or email within 6 (six) months of the original transaction and they will oversee the management of your complaint. Contact details of customer services can be found in section 25 of these Terms. To ensure your complaint is dealt with promptly, please include the following information: your first name and surname and a detailed explanation of the complaint. We will endeavour to reply to your complaint within 10 days from the date the complaint is received, provided that in certain cases this can be extended by a further 10 days.
- If your complaint has not been resolved to your satisfaction, you may refer the dispute to the Maltese Alternative Dispute Resolution Entity ("MADRE"), an alternative dispute resolution service, provided the dispute is within the scope of an "Admissible Dispute" and is not an "Inadmissible Dispute" (see here). MADRE may be contacted by email at: firstname.lastname@example.org or by completing an online form (see here). Please note that MADRE reserves the right to refuse to adjudicate on a dispute if you have not submitted the complaint to MADRE within one year from the date upon which you submitted the complaint to SportsBroker.
- You may also use the European Commission's Online Dispute Resolution platform available here instead of contacting MADRE directly. However, by doing so you will be directed to MADRE and this may prolong the dispute resolution process.
27. GOVERNING LAW AND JURISDICTION
- These Terms and the Agreement are governed by and interpreted in accordance with the laws of Malta.
- Disputes arising in connection with these Terms and the Agreement shall be subject to the exclusive jurisdiction of the courts of Malta.