Terms & Conditions
This document (together with any other documents referred to in it, such as any additional or special terms which to certain activities only) contains the terms and conditions (the "Terms") on which we make our online gambling services (the "Services") available to you. Please read these Terms carefully and make sure that you understand them before using the Service. You agree that as soon as you start using the Services or open an Account then you will be bound by these Terms.
You should print or retain a copy of these Terms for future reference.
If you click on any buttons saying "I agree" or "I accept" then this means that you have agreed to the terms presented to you (either these Terms or other terms and conditions of use). Please note that this means that you will have agreed to a legal contract. Please do not accept or continue beyond that point if you do not wish to enter into that contract.
If you have opened an Account in error then please do not use the Services and immediately contact us so that we can cancel your Account. Once you have started to use the Services you may only terminate your use and/or Account as provided for in these Terms.
If we make any changes to these Terms, we shall bring them to your attention. If you continue to use the Services after the date on which we have notified you of any changes then you will deemed to have agreed to those changes. Please ensure you check the website periodically.
1.1 In these Terms the following words take the meanings ascribed to them:
"Account" means the unique login ID and password combination created and allocated for your sole use, use of which grants you access to our Website and the Services made available to you.
"Cessation Event" means an incident or status which results in us either closing or suspending your Account (see clause 10).
"Website" means our online betting operations which are made available via this URL: www.galaxy-bet.com.
2. WHO WE ARE
2.1 The Services are provided by Galaxy Bet (IOM) Limited, a company incorporated in Isle of Man under company number 127507C with our place of business at Clinch's House, Lord Street, Douglas, Isle of Man, IM99 1RZ. Our gambling operation is regulated by the Isle of Man Gambling Supervision Commission. We may be contacted as provided for www.galaxy-bet.com.
2.2 In order to provide the Services we may use the assistance of other companies, which may include companies within our group of companies or independent suppliers. To this extent we may have to provide those third parties with your details but will only do so subject to all applicable data protection laws.
3. WHO YOU ARE, ACCOUNT CREATION AND USAGE
3.1 By creating an Account you agree that:
(a) you are who you say you are and that your name, address, age and contact details given are correct (and will be updated/amended immediately they change),
(b) the e-mail address you provide is valid and that we will be notified if this changes,
(c) you are legally capable of entering into this contract,
(d) you are at least 18 years old or have achieved such higher minimum age for gambling in the country where you are located (please note that it may be an offence to do so underage),
(e) you are not prohibited from using or accessing the Services in the country where you are currently located (see also clause 6.4 below),
(f) you do not have a gambling addiction or dependency and have not asked us or any else to exclude or limit your gambling activities, and
(g) you understand that you may lose money on bets placed and you accept responsibility for any losses.
3.2 Your Account may only be opened under your own full legally recognised name. You may not create an Account under another person's name or a fictitious name, nor may you use another person's Account.
3.3 You may not permit third parties to use your Account. If you do (which includes not adequately safeguarding your access and/or password) then you will nonetheless be both responsible and liable for the actions of those third parties. It is your responsibility to ensure that login and password are not written down anywhere, are not obvious or predictable and are not disclosed to anyone else.
3.4 You alone may use the Services and any content or information obtained via it for as long as you are allowed to use the Services; solely for your own personal purposes and you may not share, disclose or otherwise give any content or information to anyone else. The Services and information or content which we make available to you when you use the Services is owned by us or our licensors and you are obtaining a very limited right to use this (both in how you make use of the Services and the length of time this - in legal terms, a non-exclusive non-transferrable licence for the duration of these Terms).
3.5 We reserve the right to cancel any or all of your duplicate Accounts and to reject any transactions created under any or all of those duplicate Accounts. If we do decide to accept those duplicate Accounts then we may merge the Accounts and any losses incurred by you must be paid and/or stakes made by you may be retained by us.
3.6 If we believe that you are underage or you have not satisfied any age validation requests upon Account creation or at any other time then we may suspend and/or terminate your Account and will endeavour to reverse any transactions. Any winnings accruing to you or paid out will be either not paid or will be deducted from your funds held by us.
3.7 Your non-compliance with or breach of this clause 3 may be considered a Cessation Event by us.
4. ACCOUNTS AND FUNDS
4.1 If you want to start betting then you will have to deposit sufficient funds in your Account via one of the following means:
(a) by payment with cheque (with a valid cheque guarantee card),
(b) through the use of credit and debit cards (your use of which may also be subject to industry-standard practices and security policies), and
(c) any electronic means of transferring funds to us provided that we are able to and have agreed to accept payment in this way.
4.2 In making payment you agree that:
(b) your use of this method of payment is entirely at your own risk, and
(c) you will not cancel or claw back any payments initiated by you.
4.3 The funds will only be available for your use once they have been paid to us in full and without any reservations or deductions.
4.4 Any bank or other payment charges incurred by us, including resubmitting any payment instructions, will be deducted from any available funds or added to your Account. The risk of any currency exchange fluctuations will be borne by you.
4.5 The provision of credit (the "Facility") is subject to the following (in our sole discretion and option):
(a) the completion of a Facility application form and your agreement to the terms and conditions of the Facility as set out on the form,
(b) the limit on the Facility will be set by us and may be reviewed at any time,
(c) if we agree to an increase in the Facility then it will not take effect for at least 24 hours after the request was made;
(d) we may reduce or extend the Facility at any time including withdrawing the Facility (either altogether or partly),
(e) we may at any time ask you to pay any sums due to us and you will do so by the time and in the manner specified by us,
(f) if any sums due to us are not repaid when requested, we may need to take legal action against you for recovery of the amounts owed to us together with interest and legal costs,
(g) you may not gamble on credit where you are unable to pay any money due to us immediately on request,
(h) we may draw on the Facility to settle any amounts due to third parties (whether or any bets or for any commission or other liabilities, costs and expenses owing to third parties),
(i) if you owe us money under your Facility then we may refuse to pay any money owing to you in your Account and you agree not to withdraw any money in that Account until such time as that Facility is repaid in full, and
(j) repayment of the Facility will not in itself constitute a cancellation or termination of the Facility.
4.6 Any failure to comply with clause 4.5 will be deemed to be a Cessation Event.
4.7 We may by prior agreement with you provide a brokerage service. A brokerage service is where your bet is placed with an intermediary (the "Intermediary") which would then place the bet with one or more bookmakers at the discretion of the Intermediary. The following terms will apply to our brokerage service:
(a) we may withdraw this service at any time,
(b) in placing a bet with the Intermediary we will be doing so on your behalf as your agent which means that we will not be responsible for the bet itself (other than placing it with the Intermediary) nor the payment of any winnings, therefore we will have no liability to you if any winnings are not paid by the Intermediary though we will use all reasonable efforts to assist you in enforcing your rights against the Intermediary,
(c) where we hold any monies on your behalf for any future bets you may want to place under the brokerage service then we will be responsible for the protection of those monies that we hold, and
(d) we charge a commission for the provision for the brokerage service based on a percentage of the stake which will vary according to the size of the stake and the type of bet. We will notify you of the percentage and the amount of commission payable when you ask us to place your bet with the Intermediary on your behalf. Once your instructions are accepted by us then the commission paid will not be refunded and if not yet paid will remain due and payable even if the bet is cancelled.
4.8 By asking us to place a bet with the Intermediary you confirm that you agree to the terms and conditions and betting rules of the Intermediary. Your contract with the Intermediary will be governed by the standard terms and conditions of the Intermediary as provided to you by us or the Intermediary consist of the same terms and conditions as these terms and conditions save as follows:
(a) In relation to Clause 2.1, the Services will be provided by the Intermediary who is Cosmos Digital Solution Limited and whose address is P.O. Box 957, Offshore Incorporations Centre, Road Town, Tortola, British Virgin Islands. He may be contacted at [email protected].
(b) In relation to Clause 3, you may use your Account with us to place bets with the Intermediary.
(c) Clause 4.7(b) will not apply to the Intermediary as the Intermediary will be solely responsible for paying any winnings to you and will not be responsible for protecting any stake paid to us.
4.9 The betting rules referred to in Clause 5.1 shall apply to bets placed with the Intermediary .
4.10 You may withdraw funds from your Account subject to the following limits:
(a) you may only withdraw a maximum of £500,000 in any calendar month (if you wish to withdraw more then you need to contact us to discuss your requirements (though nothing in this obliges us to return more than this maximum â this will be at our discretion),
(b) you may only make up to and including 3 withdrawals in any calendar month,
(c) you must maintain at all times a minimum balance of £10 in your Account and may not exceed a maximum balance of £500,000,
(d) the minimum stake is £100 and the maximum stake (unless we agree otherwise in writing) is £500,000, and
(e) your Account may be subject to minimum and maximum balance requirements and interest is not payable on any balances in your Account, and
(f) the maximum amounts that we will pay out vary according to the sport on which you bet. Please refer to the Betting Rules at www.galaxy-bet.com. In all circumstances, we will never pay out any more than an overall maximum of £500,000 whether in relation to a single bet or combination of bets and regardless of the amount of the stake or the odds offered.
4.11 Upon closure of your Account for reason other than your material breach or a Cessation Event we will do the following:
(a) we will prepare a final statement of all your transactions and determine whether any funds are owed to you or us,
(b) if funds are owed to you then we will pay those funds into your designated bank account, less any bank charges including currency exchange costs/losses, usually within 30 days but this may take longer subject to where there are any issues or there may yet be charge backs, and
(c) if funds are owed by you to us then we will debit your nominated bank account or credit card with the amount due to us, failing that we will notify you of the amount due which you will pay within seven days.
4.12 If your Account is closed pending a material breach or a Cessation Event then we may retain all the funds in that Account pending resolution of that breach or Cessation Event and may offset those funds against amount due to us as a result of that material breach or Cessation Event.
4.13 Funds held by us on your behalf will be held on a segregated client account and protected under Isle of Man gambling law. Funds held or winnings owed by the Intermediary pursuant to the brokerage service specified under Clause 4.7 may not be protected.
4.14 If an Account is not used for 12 months then if we still have details of either your nominated the bank account or the bank account from which the funds were received we will attempt to repay the balance into that account subject to the deduction of banking charges and our reasonable administrative costs. If neither bank account is operational, for every calendar month thereafter we may deduct and keep a handling fee of £20 per month until such time as the balance reaches £0, in which case we may automatically close your Account.
4.15 If an Account is closed for any reason we do not guarantee that a new Account can be opened with the same details. We may also require you to satisfy all of our security and money laundering checks again and in full.
4.16 It is your responsibility to account for any taxes on your winnings (if any) and to satisfy and revenue/fiscal reporting obligations on your earnings and financial transactions.
5. WHAT BETTING ACTIVITIES DO WE PROVIDE AND THE BETTING RULES?
5.1 A list of our betting activities can be found in www.galaxy-bet.com and a list of the rules relating to each betting activity and how bets can be placed can be found in www.galaxy-bet.com (the "Betting Rules"). Individual sports, games or activities may be subject to additional playing rules and or legal provisions, which you must accept before being able to participate in that activity.
5.2 The amount you may bet will either be specified in the Betting Rules or by us when you make your bet. We may accept or decline the whole or any part of your bet up until we issue our confirmation.
5.3 In placing a bet you must have made up your own mind and may not rely on any advice or suggestions given by us (or our representatives).
5.4 We may act on any instructions given by you (and may rely on any instructions which purport to be by you), whether given personally, orally (such as by telephone or Internet-based telephony service) or electronically (via our Website and through any other communication methods such as instant messaging).
5.5 Where you place multiple bets then we will determine the priority in the execution of your bets having due regard to market practices, applicable regulations and fairness to all clients.
5.6 We may at any time combine the execution of your bets with bets by other clients. This may result in a more favourable or less favourable pricing than if you bet were to be executed individually but we will only do so with due regard to market practices and fairness to all our clients.
5.7 Due to rapid changes in odds and the market place we may not be able to execute your bets in full or at the prices or odds quoted to you at a particular time in which case we will use our best efforts to execute the bet on or close to the prevailing market prices.
5.8 If the market evidences extreme instability or it appears that any unexpected and excessive volatility is due to extraneous factors (such as technical or software-related issues) then we reserve the right to suspend some or all of our Services and to cancel any bets placed during that period.
5.9 A bet will be deemed to be accepted once we provide you with a confirmation number or reference. A bet submitted by you but not yet confirmed may not be cancelled by you. Each bet will be confirmed electronically and we will send you by e-mail or make available on our Website periodic betting statements.
5.10 If there is a dispute as to the time of placing of a bet then the time noted in our transaction logs will be taken as the applicable time.
5.11 Your winnings are exclusive of any bet or stake.
5.12 The availability of a betting event or particular Service does not guarantee the continued availability of this. We may vary our Services at any time.
5.13 Our communications with you (whether orally or electronically) may be recorded and monitored in for security reasons and to evaluate the quality of our Services. If there is a dispute then we may use these records to help resolve that dispute.
6. WHAT DO THE SERVICES COMPRISE AND LIMITS TO THE SERVICE
6.1 It is your responsibility to ensure that you have appropriate Internet connectivity. Where a bet relies on the speed at which you respond or the time of acceptance of a bet then we will not be responsible for any delays introduced by the Internet as a whole and any dependent communications providers. We cannot guarantee that an instruction initiated on your remote terminal will be received and actioned by our systems immediately as there are inevitably delays of varying unpredictable lengths.
6.3 It is your responsibility to ensure that your equipment is properly secured by up-to-date and effective security software, particularly in respect of malware and other devices which allow the interception of logins and passwords.
6.4 If you live in or are currently located in any of the following countries (including any temporary visits) then you MAY NOT use the Services and represent and warrant to us that you will not attempt to bet, or use any of our Services, when located in any such country: United States of America, British Virgin Islands, Belgium, Cayman Islands, Denmark, France, Vatican City, Iran, Iraq, Israel, Italy, Japan, North Korea, Poland, Saudi Arabia and Turkey.
6.5 The list of excluded territories in clause 6.4 above may be amended from time to time. A current list of excluded territories can be found here www.galaxy-bet.com. If our systems detect or have reason to believe that you are in an excluded territory then we reserve the right to suspend the provision of the Services to you. We are not always able to detect this therefore it is your responsibility to ensure that you comply with this exclusion. Breach of this provision is also a Cessation Event.
7. CANCELLATION OF BETS/WAGERS
7.1 Even though you have made a bet there may be circumstances where an error has arisen, which may include any of the following:
(a) the prices and/or conditions of a bet are clearly wrong,
(b) the Services are clearly not performing properly, and
(c) our systems have continue to accept bets even though it is clear that the expiry date or time for placing that bet has passed.
7.2 In these circumstances we may:
(a) correct the error and deal with any bets on the basis of the corrected position, or
(b) declare the bet void and return your stake.
7.3 If any funds have been credited to your Account and withdrawn by you or paid to you then you will hold those funds on trust until such time as the error has been properly resolved.
8. UNACCEPTABLE, ILLEGAL AND FRAUDULENT USE
8.1 Any of the following will be considered to be unacceptable use which we reserve the right to regard as a Cessation Event and which may also be considered a material breach of these Terms incapable of remedy:
(a) introduction of any viruses, Trojans, malware and anything similar or related into our systems or those of any other players using the Services,
(b) in any way interfering with or affecting the performance or availability of the Website or Services,
(c) excessive and/or unwarranted communications either between other players, to us or via our systems to third parties, and
(d) any threats, abusive language, pornography and any communications the content of which are illegal.
8.2 Any of the following will be considered to be an illegal or prohibited activity and is therefore not permitted under any circumstances:
(a) use of any external assistance, whether another person or any software/technology,
(b) acting in concert, collusion, or in a syndicate with anyone or anything else,
(c) the circumvention of our security technology, procedures and policies,
(d) use of any information or access to any systems gained illegally, by deception or otherwise which gives you an unfair or sole advantage, and
(e) the exploitation of a loophole, failing or fault in our systems or any other services which make up the Services which gives you an unfair or sole advantage.
8.3 Any of the following will be considered fraudulent activity and may lead to criminal prosecution:
(a) unjustified charge-backs and use of funds not belonging to you,
(b) use of stolen and/or cloned bank cards,
(c) withdrawal of funds from a bank account which you are not authorised to do so,
(d) the provision of false and/or misleading information, and
(e) any act by you which is illegal, made in bad faith or which is fraudulent.
8.4 If we suspect or have evidence of any act or event arising under clauses 8.1, 8.2 and 8.3 then we reserve the right to:
(a) regard the same as a Cessation Event,
(b) to notify the relevant enforcement authorities and credit reference agencies, providing them with full details, and
(c) consider the same a material breach of these Terms incapable of remedy.
8.5 Where you suspect or know that another person may be participating in or furthering any of the above then you must inform us immediately, providing us with such information as we reasonably require.
8.6 If we suspect that you are in contravention of this clause 8 then you will promptly and diligently provide us with all the information we request and you must co-operate fully in the investigations undertaken by us and by any investigators appointed by us.
8.7 You may not use the Services if you are an officer, employee or otherwise associated with us, which includes any member of your immediate family and/or partners.
9. SECURITY AND MONEY LAUNDERING
9.1 We may, as part of our standard security procedures and to comply with money laundering regulations, ask you for proof of age, identity and/or address. To that extent your use of our Services is conditional upon allowing us to perform independent verification checks which may require the disclosure of your details to third parties for these purposes only. We may also ask you to provide details of the source of any funds, source of wealth, and/or verification of the ultimate beneficial ownership of any corporate body (if relevant) and to provide certified and/or notarised copies of your evidence of identity or other documents.
9.2 Until such time as you have established a pattern of usage or until we have conducted our security and/or verification checks we may limit or restrict the Services made available to you and/or may limit the value of your transactions.
9.3 If you do not provide the verification information we require then we may suspend and/or terminate your Account. Similarly, if we believe your Account is being misused (either by yourself or is being used by third parties) then we may suspend and/or terminate your Account.
9.4 Additionally, we may be required by money laundering regulations to suspend your Account and/or to block any funds transfers or payments to you. If this happens then we may be prohibited by law from giving you an explanation pending clearance or other instructions from the relevant authorities.
10. CESSATION EVENT
10.1 If there is a Cessation Event (as specified at various points in these Terms) or you are in material breach of these Terms then we may invoke all or some of the provisions of this clause 10.
10.2 Our options are as follows:
(a) to suspend your Account pending investigation and/or resolution of a breach of these Terms, an incident, a complaint or a concern, or
(b) to terminate your Account immediately.
10.3 We reserve the right to reverse or cancel some or all of the transactions which are in breach of the Terms and to recover any amounts paid to you or owing by you, whether from other funds in held in your Account or from you directly. We further reserve the right not to pay out any winnings accruing to you while you are in breach of these Terms or which relate to that breach.
10.4 Where the Cessation Event constitutes fraud or is indicative of any illegal activities then we reserve the right to inform the relevant authorities.
11. SERVICE AVAILABILITY AND INTERRUPTIONS
11.1 The Service will be made available on a continual basis except for periods of planned maintenance and upgrades (which we will endeavour to give you prior warning of) and for any emergency maintenance (which may happen at any time). We do not, however, guarantee an uninterrupted Service.
11.2 If a problem arises with the provision of the Services then we will take all reasonable steps to rectify that problem and resume the Services, but we do not guarantee any fix or repair times.
12. CANCELLATION AND TERMINATION RIGHTS
12.1 Once your Account has been created and you have started to use the Services then you will have no automatic right to cancel this contract. You may, though, terminate your Account as provided for in clause 12.2.
12.2 You may at any time give us notice that you wish to close your Account. Upon receipt of your notification we will render your Account inactive, which means that you will no longer be able to use the Services, add funds to (or withdraw funds from) your Account or undertake any other activities. Any funds due to you will be repaid in accordance with clause 4.
12.3 We may close your Account at any time provided that we give you at least 30 days' notice thereof. After that notice period has expired we will suspend your Account and will refund any funds due to you in accordance with clause 4.
12.4 Either party may terminate this contract on giving notice in writing to the other party if the other party commits any material breach and, in the case of a breach capable of being remedied, has failed within 30 days after the receipt of a request in writing from the first party to do so, to remedy that breach.
12.5 The provision and/or continued use of the Service may be dependent on you satisfying credit and other security checks. If you fail these checks then we reserve the right to cancel this contract immediately.
12.6 We may terminate this contract immediately if:
(a) you are declared bankrupt or are unable to pay any monies owed by you for any reason, or
(b) it becomes apparent that you are unable to impose reasonable and sensible limits on the level of your betting (though nothing shall require us to actively monitor your usage).
12.7 If you have entered into a self-exclusion agreement or arrangement with us then we will close your Account and return any surplus funds to you.
13. DATA PROTECTION AND PRIVACY
13.2 We will only process your personal data in accordance with applicable data protection laws and as provided for in these Terms.
14. PRICE AND PAYMENT
14.1 If any sums due to us by you are not paid within 14 days then we reserve the right, without prejudice to any other right or remedy we may have, to charge interest on any unpaid monies due at the rate stipulated by The Late Payment of Commercial Debts (Interest) Act 1998 (as amended from time to time) from the date the payment became due until it is paid. If any sums remain unpaid after 30 days then we reserve the right (in addition to any other remedies we may have) to suspend the Service and/or regard this as a Cessation Event.
14.2 You must pay all sums due to us in full and you may not deduct or withhold any payments due to us except as permitted by law.
14.3 If you pay by debit or credit card then you must provide us with as much information as we need to effect that payment. If your card details change then you must notify us of those changes immediately. We may deduct any payments due to us from your nominated cards or bank accounts.
14.4 If you pay by direct debit then you must do so from your own account and you must provide us with the direct debit details (including bank account number, sort code, name of bank and name of account holder). You authorise your bank to give us details of your bank account and to inform us if you cancel your direct debit at any time.
14.5 If we are unable to collect a payment then you will ensure that any missing payments are settled without delay and we reserve the right to charge you a reasonable administrative fee for representing your payment, or our actual costs.
14.6 Any sums due to you will normally be paid into the bank account or via the debit/credit card which you used in order to make the funds available in the first place.
14.7 If you pay by credit card or direct debit then then we will have to disclose your information to your bank or the credit card payment processing agents.
14.8 Invoices and other payment notifications will be either sent to you by e-mail. If you do not wish to receive invoices by e-mail then please notify us though we may charge a small additional administration fee for posting these to you.
15. WARRANTY AND INDEMNITIES
15.1 We will use all reasonable skill and care in providing the Services but we do not assume any liability or responsibility for any data or information provided to us by third parties and used by us in good faith.
15.2 If your use of the Service results in a claim against us by a third party for any unlawful use or breach of that third party's rights then you agree to indemnify (compensate) us in full for any costs, claims or damages we incur as a result of this.
16. OUR LIABILITY TO YOU
16.1 If we fail to comply with these Terms then we will be responsible for loss or damage you suffer which is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by both of us at the time we entered into these Terms.
16.2 We do not in any way exclude or limit our liability for:
(a) death, or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other matter for which it would be illegal for us to exclude or attempt to exclude or limit our liability.
16.3 We exclude liability to the extent permitted by law for:
(a) loss of data,
(b) loss of revenue, and
(c) any indirect, special or consequential loss or damage, even where the likelihood of this has been communicated to us.
16.4 In all other respects our total liability to you is limited to no more than one and a half times the sums received from you in using the Service in the six month period preceding any such claim or claims.
17. WRITTEN COMMUNICATIONS
17.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes you agree to this electronic means of communication. Any notices given by electronic means to us will only be deemed to be served when receipt has been confirmed by us (but not via an automatic notification or "out of office" reply).
18. NOTICES AND COMMUNICATIONS
18.1 All notices given by you to us must be given to Galaxy Bet (IOM) Limited at:
By post: Clinch's House, Lord Street, Douglas, Isle of Man, IM99 1RZ
By e-mail: [email protected]
18.2 We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee and that delivery was not rejected or otherwise failed. Any notices sent to us by e-mail will only be deemed to be valid if they are also sent to us by post.
19.1 If you have a complaint then please contact us in the first instance. Our complaints procedure can be found in www.galaxy-bet.com.
19.2 Both parties must use all reasonable endeavours to resolve a complaint within 28 days of it being brought properly to the attention of the other party. If we are unable to resolve a complaint then we agree to refer it to Independent Betting Adjudication Service Ltd (IBAS) (www.ibas-uk.com) for resolution.
20. RESPONSIBLE GAMBLING
20.1 We recognise that some of our customers may experience difficulties either now in the future in limiting their gambling therefore we would recommend that consult the information on how to gamble responsibly. You may at any time ask to self-exclude and if you do we will not permit you access to the Services (permanently or for a limited period), we will not allow you to open any new account for the period of your self-exclusion and we will not send any marketing material to you.
21. TRANSFER OF RIGHTS AND OBLIGATIONS
21.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations.
21.2 You may only transfer your rights and obligations under these Terms if we agree to this in writing.
22. EVENTS OUTSIDE OUR CONTROL
22.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms which is caused by events outside our reasonable control (a "Force Majeure Event").
22.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular the following:
(a) strikes, lock-outs or other industrial action;
(b) malicious actions by third parties aimed at compromising our systems (including denial of service attacks);
(c) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(d) fire, explosion, storm, adverse weather conditions, flood, earthquake, subsidence, epidemic or other natural disaster;
(e) impossibility of the use of public or private telecommunications networks or degradation thereof; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
22.3 Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution or work around. If a Force Majeure Event persists for more than 30 days then either party may terminate these Terms on giving notice in writing to the other party.
23.1 If we fail at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled then this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
23.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
23.3 No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 18 above.
24.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent then that provision will be severed from the rest of these Terms, which will continue to be valid to the fullest extent permitted by law.
25. ENTIRE AGREEMENT AND INTERPRETATION
25.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these Terms.
25.2 We each acknowledge that, in entering into these Terms, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them.
25.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract only.
25.4 Where a list is given or the word "including" is used then this is not intended to be an exhaustive list.
26. LAW AND JURISDICTION
26.1 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Manx law. Any dispute or claim arising out of or in connection with the Terms or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the Isle of Man.
26.2 Gambling debts are enforceable in the Isle of Man.
27. THIRD PARTY RIGHTS
27.1 A person who is not party to these terms and conditions or a contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.