FAIRPLAY EXCHANGE LIMITED GENERAL TERMS AND CONDITIONS
Material Terms Summary
To use our Services, You must register and open an Account with us. By registering an Account with Fairplay Exchange Limited, you will enter into a legally binding agreement with us which incorporates the General Terms and Conditions, our Privacy Policy and the Terms for the products and services that we offer and any applicable third-party terms and conditions in respect of the use of their software. (See Clause 1)
You must be 18 years of age or older and meet the other eligibility and verification criteria to use our services. (See Clauses 4, 6 and 7)
We collect and may use your personal information in accordance with our Privacy Policy. (See Clause 5)
We will not tolerate fraudulent activity or cheating, and we may suspend and/or close your account and share information (together with your identity) with the police and other appropriate authorities if we have reason to believe you are partaking in fraudulent activity or cheating. Where we close or suspend a customer’s account for reasons of fraud or cheating, the customer may be liable for all claims, losses, liabilities, damages, costs and expenses which we incur in connection with the fraud, dishonesty or criminal act. (See Clause 12)
We will not be responsible for any errors or events outside of our control, which may result in any bets being declared void. (See Clauses 13 and 17)
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OR DO NOT WANT TO BE BOUND BY THEM, IN WHOLE OR IN PART, DO NOT CONTINUE TO USE OUR SERVICES.
In such a case, you should immediately discontinue all use of our mobile / tablet applications.
FAIRPLAY EXCHANGE LIMITED GENERAL TERMS AND CONDITIONS
General
By registering an Account with Fairplay Exchange Limited (see Clause 4 (Registering and opening an Account)), you will enter into a legally binding agreement which incorporates these general terms and conditions ("General Terms and Conditions"), our Privacy Policy and the Betting Rules. The General Terms and Conditions, Privacy Policy and Betting Rules are together referred to as the "Terms and Conditions".
For a non-binding summary of the material terms and conditions please click fairplayexchange.co.uk
The Terms and Conditions govern your use of the Services and supersede any and all prior agreements between you and us in respect of the same.
You agree to the use of electronic communications in order to enter into these Terms and Conditions and you waive any rights or requirements under applicable laws or regulations in any jurisdiction that requires an original (non- electronic) signature, to the extent permitted under applicable law.
The services that Fairplay Exchange Limited offers (via its tablet, mobile applications or otherwise) are together referred to as the "Services". Your agreement under these Terms and Conditions applies to all Services that you use.
Please note that these General Terms and Conditions shall prevail in the event of any conflict between the General Terms and Conditions and any of the Betting Rules.
Your use of the Services, and these Terms and Conditions, may also be subject to any applicable terms and conditions of platform providers or other third parties including without limitation: Apple Inc., Google Inc., Amazon Digital Services, Inc. Such other terms are not our responsibility and are a matter between you and such third parties. However, it is a condition of the General Terms and Conditions that you fully comply with and adhere to such third-party terms and conditions of use.
Parties
The Terms and Conditions are a binding legal agreement between you and Fairplay Exchange Limited, a company registered in England (registered company number 13229819 with its registered office at 1 Mount Farm, Epping, Essex, CM16 7PX
References in the Terms and Conditions to "us", "our" or "we" are references to Fairplay Exchange Limited, whose trading names include fairplay. For further contact details please see Clause 21 (Contact us) of these General Terms and Conditions.
References to "you" and "your" in the Terms and Conditions are to you as the end user of the Services.
Changes to Terms and Conditions
We reserve the right to modify these General Terms and Conditions from time to time (including to comply with applicable law or a change in our regulatory requirements). If we modify these General Terms and Conditions, we will notify you of such modifications by providing a prompt with a link to the revised terms on our websites. Your continued use of the Services following such notification will be deemed binding acceptance of the changes. If any change is unacceptable to you, you should stop using our Services. It is your responsibility to review the Terms and Conditions and any amendments to them each time you use the Services.
Registering and opening an Account
To use our Services, you need to register and open an account with us ("Account"). You can open an Account by clicking the "Join/Register" link on our websites or mobile and tablet applications. There are no set-up charges for opening an Account with us.
When you open your Account, you will be asked to provide personal information, including (but not limited to) your first and last name, postal address, email address, date of birth and telephone number.
You shall ensure that the details provided by you at registration are accurate and kept up to date. If any of these details change, please notify us using: (1) the facility provided on our websites or mobile and tablet applications; or (2) via the details provided in Clause 21 (Contact Us)
For further information about our collection and use of your personal information, please refer to our Privacy Policy..
When opening an Account with us, you must fulfil our eligibility criteria and pass our anti-money laundering and verification checks (the “Requirements”) as described in Clause 6 (Eligibility) and Clause 7 (Verification) below. You must at all times continue to satisfy the Requirements, while you have an active account with us.
You can only register one (1) Account with us, which can then be used across all of our Services. If we identify that You have acted fraudulently or dishonestly in opening multiple/duplicate accounts, we reserve the right to close any and all accounts.
We reserve the right to refuse to open an Account for any reason, including failure to meet the Requirements.
Any bets or wagers placed via your Account must be for your own benefit and not for the benefit of any third party.
Accounts shall not be capable of being purchased, sold or transferred. We reserve the right to terminate any such Accounts that we identify, or have reasonable grounds to believe, have been transferred to another party.
Information we collect about you and how it is used
We process information about you in accordance with our Privacy Policy. Our Privacy Policy contains details on the types of information we collect and what we do with that information, which includes who it may be shared with and why.
We are entitled to share the information we hold on you which includes but is not limited to personal data and betting history with regulators and other bodies, including the police, and law enforcement bodies in order to investigate fraud or money laundering and to comply with our regulatory duties.
We are entitled to share the information we hold on you which includes but is not limited to personal data, financial information and betting history with us and, for all general business purposes, marketing, assisting with identifying problem gambling, the prevention of fraud and financial crime and in order to satisfy our legal and regulatory obligations. For further information on how personal data is used please see our Privacy Policy.
Eligibility
You must be (18) eighteen years of age or older to use the Services. By registering with us, You confirm that you are aged (18) eighteen years of age or older.
Access to certain Services may be prohibited to residents of, or persons located in, certain countries. We do not intend that those Services be used by persons in countries in which such activities are illegal. Our Services do not constitute an offer, solicitation or invitation by us for the use of, or subscription to, betting, gaming or other services in any jurisdiction in which such activities are prohibited by law. In particular, residents of or persons located in the United States must not use any of the Services. We currently only accept customers based in the United Kingdom; but we may increase this from time to time. These Terms and Conditions will be updated accordingly if and when this happens.
If you access any of the Services from a country other than the country specified as your country of residence in the customer registration procedure, it is your responsibility to check that accessing and using the Services are not prohibited and/or restricted by local laws. We accept no liability if your use of our Services is in contravention of the laws of the country in which you are located.
If we discover or reasonably believe that you are accessing the services in a country in which the use of the Services is prohibited or in jurisdictions from which we do not accept customers, we shall be entitled to immediately suspend your use of Services and/or close your Account.
Verification
7.1 We reserve the right to ask for proof of age and/or address from you, and may suspend or restrict your use of our Services and your Account until you provide the requested documents.
7.2 By accepting the Terms and Conditions, You authorise us to conduct any identification, credit or other verification checks that we may require (either for our own purposes or as required by applicable law or a regulatory body). In particular, we may verify that you are (18) eighteen years of age or older and that you are resident in the country in which you say you are resident. You agree to provide us with any information we may reasonably need in relation to such checks.
7.3 We may supply the information that you have given us to authorised credit reference agencies, who may check the details we provide against any databases (public or private) to which they have access and may keep a record of that check. We may share information with credit reference and fraud prevention agencies for use in credit decisions, identification checks and for fraud detection and prevention purposes. You agree that we may process, use, record and disclose the personal information which you provide in connection with your registration in accordance with our Privacy Policy, and that such personal data may be recorded by us or the credit reference agencies.
7.4 If we are unable to confirm that your details (including, without limitation, that you are (18) eighteen years of age or older) are correct within 72 (seventy-two) hours of your first transaction, we may limit or restrict your further use of our Services and/or suspend your Account. No further participation in, or interaction with, our Services will be permitted until age and identity verification checks have been successfully completed to our reasonable satisfaction.
7.5 As well as the other checks we may undertake, you may be required to provide proof of identity and /or proof of address to assist us with verification. If requested by us, you will need to send us a copy of your passport, driver's licence, birth certificate or other appropriate proof of address documentation for these purposes. These documents must be sent to us at: (1) Fairplay Exchange Limited, 1 Mount Farm, Epping, Essex, CM16 7PX (2) email via our online submit service at info@fairplayexchange.co.uk, or (3) via the 1 Account age verification service.
7.6 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, should circumstances dictate. Without prejudice to any other right or remedy, we reserve the right to suspend, delete, restrict or modify your account where, in our absolute discretion, we believe in good faith that there has been a breach of the Terms and Conditions or any regulatory or legal requirement by you.
User email and password
8.1 When you register with us, you will enter an email address and password for your Account. Once you've set your email address, we're unable to change it for you. If you wish to change your password, you may do so within the ‘My Account’ section.
8.2 You may not in any circumstances nominate or allow any person to be an authorised user of your Account. It is your responsibility to ensure that you do not reveal your email address and password to anyone else. We shall be entitled to assume that all bets made via your Account have been correctly entered by you, whether or not such transactions were authorised by you. We shall not be liable for any claims in the event that you disclose your email address and password to anyone else or where your negligence or deliberate act has contributed to such third party access to your Account.
8.3 It is your responsibility to maintain the confidentiality and security of your Account information, email address and password. If young persons are sharing or have access to your devices, you may wish to install parental control software. You should change your password on a regular basis via the link on our mobile and tablet applications. You should notify us of any unauthorised use of your Account as soon as you suspect it or otherwise become aware of it.
8.4 If you repeatedly enter your password incorrectly, your Account will be locked for security purposes. If you lose or forget your email address and/or password you can retrieve the details or if you need to, unlock your Account using the tools provided on our mobile and tablet applications. Alternatively, you can contact our Customer Care Team by email and subject to sufficient security and verification checks we will reset Your password for You. If You suspect that someone else has obtained Your email address and PIN, You must contact our Customer Care Team immediately on via info@fairplayexchange.co.uk.
Use of Services
We reserve the right to suspend, modify, remove and/or add a product to the Services at our reasonable discretion on 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.
You must not misuse our websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to: our websites; the servers on which our websites are stored; or, any server computer or database connected to our websites or mobile and tablet applications. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
You agree that you will 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.
You agree that you will not use the Services in any way other than for your personal use and for your own benefit. Any bets placed through your Account that are not for your own benefit (including for the avoidance of doubt placed in connection with any bet management or brokerage service) are forbidden unless agreed by us (in writing) in advance.
You agree not to give any indication that you have any commercial relationship with us or that you are our agent.
The information which we or third parties provide (including results, statistics, fixture lists, odds and betting figures) on our websites and Services 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 commitment or warranty in relation to the uninterrupted provision of such information, its accuracy or the results obtained through its use. No information which we or third parties provide on our websites and Services is intended to amount to advice or recommendations and is provided for information purposes only. All bets made are made at your own risk.
We do not guarantee which products will be available on our Services. The Services are provided on an 'as is' and 'as available' basis. Whilst we use reasonable efforts to ensure that our Services run smoothly, we cannot promise that the Services will be free from errors or omissions nor that they will be available uninterrupted and/or in a fully operating condition.
We will provide the Services with the reasonable skill and care as described in these Terms and Conditions. We do not make any other promises about how the Services will be provided.
In order for you to use our Services, it may be necessary to provide you with software provided by a third party. The provider of such software may require you to agree to additional terms and conditions governing the use of their products. If you do not accept those third-party terms and conditions, do not use the relevant third-party software. You shall not interfere with, modify or reverse engineer any software provided to you by us or any third party. We do not accept any liability in respect of any third-party software.
We receive commentaries, news feeds, scores and other content from a number of third parties, which may carry terms and conditions governing their use. We do not accept any liability in respect of such content. 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 sites.
You are strictly prohibited from using the Services for any unlawful, illegal, immoral or illegitimate purpose. Without prejudice to the generality of this Clause 9, you may not while using the Services, except to the extent expressly permitted by law:
cheat, rig, fix, circumvent rules or processes, use multiple accounts, exploit ‘loopholes’ or bugs, or use the Services in a way which is not within the spirit intended by the Terms and Conditions or in a way which may harm the experience of other users of the Services;
modify or adapt the mobile / tablet applications or hack, merge, translate, create derivatives from the same, mimic, disable the same or otherwise tamper with them;
reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software, code or other intellectual property used to provide the mobile / tablet applications;
delete, obscure, remove or otherwise prevent the proper display of intellectual property (including without limitation copyright and trademark notices or other legal lines or credits) notices in the Services;
do anything (or attempt to do anything) which might disrupt use of the Services by us or other users, or which could threaten, harass or upset other users of the Services or user community; and or
make anything available on or through the mobile / tablet applications that violates the rights of third parties (including without limitation their intellectual property or privacy rights).
Your use of the Services is entirely at your own risk. We do not recommend using the Services if you have a history of, or propensity towards, gambling addiction. Where you do use the Services, you warrant that you will do so responsibly, legally and prudently. If you are in any doubt as to your ability to do so, you should seek professional advice before using the Services
Entering a game & general betting rules
Before placing any bets or engaging with our Services, you should ensure that you have reviewed and understood our Betting Rules.
A bet is deemed to have been made at the point when an email confirmation from us has been sent to your Account or to your email address. It is your responsibility to ensure that you satisfy any entry requirements attributable to the Service being used, which may include making a deposit from your Account. At the point that such confirmation is received, the bets made shall be treated as final.
At the time you place a bet, you confirm that you have no knowledge as to the outcome of the respective events which would amount to ‘insider information’ or any other information which might give you a material advantage or that would materially affect your chances of winning or losing the bets placed.
You recognise that when placing a bet, the wager shall not be capable of determination as either a win or a loss, even if the outcome is in line with the bet made, unless other matched bets have been made.
Subject to any specific exceptions within the relevant Game Rules applicable to the Service you have used, you may not cancel or change your entry without our consent. If you have made a bet and wish to cancel or change it, please contact our Customer Care Team before the event has started and we will consider your request, although any decision will be at our reasonable discretion.
Refusing your entry
We reserve the right, acting in good faith, to refuse or cancel your use of any of our Services in the following circumstances:
you are under (18) eighteen years of age;
you are involved in fraud, money laundering, collusion, match rigging or cheating of any kind;
you are in a jurisdiction (or a resident of a jurisdiction) that renders the provision of our products to you or your use of them illegal;
you are in breach of Betting Rules or the Terms and Conditions;
you are found to be using multiple Accounts or a duplicate Account; or
In the event of a warning being received by us in relation to irregular interactions with our Services and possible instances of event manipulation, we reserve the right, at our reasonable discretion, to:
suspend our offering on any event or series of events in any of our markets; and
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.
Financial Transactions
You are able to make financial deposits into your account by direct bank transfer, debit or paypal. Deposits should be made from a bank account in the name of the Account holder.
We reserve the right to immediately any financial deposits where we discover, or have reasonable grounds to believe, that the deposit was made by a third party.
Any winnings or drawings attributable to funds deposited into the Account which fall under Clause 12.2 may be declared void.
Any funds deposited into your Account may only be used for placing bets as part of the Services. Where you have made deposits into the Account and request withdrawal, where there has been no commensurate betting activity on the Account, we reserve the right to freeze the Account or refuse the withdrawal.
Any requested withdrawals will, where possible, be processed using the same payment method and account as used by you when funds were deposited into the Account.
We reserve the right to suspend or delay transactions on your Account in order to carry out money laundering checks. In the event of any adverse findings following those checks, we reserve the right to cancel or reject those transactions.
Any transaction fees that may apply to your chosen method of deposit or withdrawal, and any commission or fees levied by us in providing the Services, shall be deducted from the funds allocated to the Account before any deposit or withdrawal is concluded.
Fraud and cheating
We will not tolerate any fraudulent activity or cheating. If we consider in our absolute discretion (acting in good faith) that you have: (1) dishonestly manipulated our Services or taken an unfair advantage of us or our Services; or (2) attempted to defraud us or any other customer or legal entity, we reserve the right to suspend any further use of our Services to you, and/or close your account and share information (together with Your identity) with the police and other appropriate authorities. A non-exhaustive list of what we consider to be fraudulent activity or cheating is set out below:
identity fraud;
money laundering;
forgery;
collusion with other individuals;
utilisation of software to gain an advantage;
chip dumping;
exploitation of loopholes within our software & functionality;
betting on fixed sporting events; or
insider information.
You will not in any way interfere, interrupt, attempt to interrupt, or attempt to manipulate the operations of our Services or the normal play of any of our products. Failure to comply with this rule may lead to your exclusion from our Services, forfeiture of any winnings from such prohibited behaviour and to possible criminal and civil investigations. In particular, you will not use or attempt to use any artificial intelligence, automated players (bots) or player assistance software but will play personally via the interfaces provided by us only.
Collusion between you and any of our other customers, as determined at our reasonable discretion, by any methods is strictly forbidden. To detect collusion, we use sophisticated software to analyse game play history and suspicious activities. Our system monitors betting patterns, player history and gameplay, including all bets, wagers and entries, for all customers. We also look at various other sources of information as part of our anti-collusion checks.
Where we reasonably believe that "match-rigging" has taken place, either as a result of the size or volume of bets or wagers received, or from other evidence (including where you are suspected of improper activity with any other online gaming or gambling site or services), or where the integrity of an individual event is called to question, we reserve the right to withdraw an offer and ultimately to declare bets on that event void.
We strictly prohibit the use of any third-party external player assistance programs or software ("EPA Programs") which are designed to provide an "Unfair Advantage" to customers. EPA Programs include computer software, websites, subscription services and non-software-based databases, systems or profiles which are used by customers in connection with our Services. An "Unfair Advantage" means any instance in which a customer accesses or compiles information on other customers (including the tracking of customers through the use of such automated software) beyond that which the customer has personally observed through the customer’s own game play (other than information or services provided to customers directly by us) and/or otherwise exploits or participates in the exploitation of a fault, loophole or error in our or any third party's software and uses it to the disadvantage of us, the game play or other customers.
You agree that we may take steps to detect and prevent the use of prohibited EPA Programs.
These steps may include, but are not limited to, examination of software programs running concurrently with our software on your computer. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third-party software that bypasses, interferes with, or blocks such steps.
If we reasonably consider that any of the events referred to in Clauses 13.1 to 13.6 above may have occurred or are likely to occur, we reserve the right to:
suspend your access to our Services, or cease providing Services to you;
close or suspend Your Account;
if we close or suspend Your Account for any of the reasons referred to above in this Clause 13, you shall be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by us (together “Claim”) arising as a result of or in connection with Your fraud, dishonesty or criminal act 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.
Remote Gambling
You are gambling via an electronic form of communication and consequently you should be aware that:
You may be using a connection or equipment which is slower than such equipment used by others and this may affect your performance in time critical products (e.g. in-play betting); and
You may encounter system flaws, faults, errors or service interruption caused by unexpected flaws, faults or errors in the software, hardware or networks used to provide the Services. Where such flaws, faults or errors cause a product to be interrupted in circumstances where it cannot be restarted from exactly the same position without any detriment to you or we will take all reasonable steps as soon as practicable to remedy the problem and ensure that you are treated fairly according to the circumstances.
Closing Your Account
You have the right to close your Account at any time. You should make a request to close your Account by telephone or in writing via e-mail, or letter; see Clause 21 (Contact Us) for details. We will respond within a reasonable time. You remain responsible for activities using your Account until it is closed. Upon our confirmation of the closure of your Account, we will notify you.
We reserve the right, at our absolute discretion, to close your Account and/or void any bets or stakes and/or implement a permanent ban from our Services for the following reasons:
we, acting in good faith, have reason to believe that you are in breach of a material provision of these Terms and Conditions including but not limited to Clause 6 (Eligibility) in respect of underage gambling and the use of our Services in contravention of the laws of the country in which you are located and Clause 13 (Fraud and Cheating);
we become aware that you have used or attempted to use the Services for the purposes of fraud, collusion or unlawful or improper activity;
we become aware that you have played at any other online gambling site or services and, in connection with the same, are suspected of fraud, collusion, cheating or unlawful or improper activity;
you fail to provide us with accurate information in relation to your Account;
we, acting in good faith, have reason to believe that you have opened or are using multiple Accounts or a duplicate Account;
where we have taken the steps to void a bet or wager for one of the reasons set out in Clause 11 (Refusing Your Entry) above, your actions leading to that shall be considered a breach of these Terms and Conditions and shall entitle us to close your Account;
you misuse our websites;
we are required to do so by any regulatory authority or court;
we discover that you are accessing the Services in contravention of the laws of the country where you are located; or
you become bankrupt, if you do not make payment of a court judgment on time, if you make an arrangement with your creditors, or if any of your assets are the subject of any form of seizure or if analogous proceedings are brought in relation to you anywhere in the world.
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 where we close Your Account in accordance with this Clause 15.
Dormant Accounts
Should Your Account become dormant through lack of use, we will continue to contact you (where you have "opted-in") with promotional messages until such time as you instruct us to stop.
Please note that after a period of no less than 24 (twenty-four) months of Account inactivity we reserve the right to close dormant Accounts.
Events outside our control
We are not responsible for any events beyond our reasonable control. Such events might include, but are not limited to, network failures, malfunctions to our systems or third party systems, war, terrorist activity, riots, malicious damage, fire, flood, storm, nuclear accident or compliance with any new law or governmental order, rule, regulation or direction.
We may also suspend or cancel the Services or any part of the Services if, despite making reasonable efforts to do so, we are not able to provide that part of the Service to You as a result of events beyond our reasonable control.
18. Limitations and Exclusions
Nothing in these Terms and Conditions is intended to:
exclude or limit our liability for fraud or for death or personal injury resulting from our negligence; or
limit your statutory rights (statutory rights include, for example, that we will provide our Service to a reasonable standard and within a reasonable time). For more information about your statutory rights, contact your local consumer protection organisation (the Citizens Advice Bureau HERE or Trading Standards Office HERE if You are located in the UK).
Subject always to Clause 18.1 above, we will not be liable for any damage or loss suffered or incurred by you as a result of:
any use of our Services in breach of these Terms and Conditions (including any use of our Services for commercial or business purposes);
failures caused by the equipment you use to access our websites, or mobile and tablet applications or failures in any network (including failures by your internet service provider);
damage to your equipment (e.g. desktop, laptop, mobile, smartphone, tablet, games console or other internet-enabled device) or for any loss or corruption of data that results from your use of our websites or mobile and tablet applications (and we cannot and do not guarantee that any files that You download are free from viruses, contamination or destructive features) EXCEPT THAT if any defective digital content that we have supplied to You damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation;
the accuracy, completeness or currency of any information services provided by us or third parties (including but not limited to prices, times, results or general statistics);
any loss whatsoever arising from your abuse or misuse of your Account or our Services;
any failure on our part to observe any self-exclusion policies that we may have in place from time to time;
any failure on our part to interact with you where we may have concerns about Your activities;
any event outside our control as set out in Clause 17 (Events Outside Our Control); or
our closure or suspension of your Account in accordance with these Terms and Conditions.
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 directly from your fraud, dishonesty, criminal act or breach of these Terms and Conditions.
Without limiting any other rights or remedies available to us, we may at any time set off any positive balance owed to you, whether in your Account or otherwise against any amount owed to us by you. you agree that any such balance may be used to finance any costs incurred as a result of your fraudulent activity, such as chargebacks on multiple/duplicate Accounts or the reimbursement of funds back to the customer(s) who were colluded against.
We hereby disclaim all warranties that can be legally disclaimed, whether express or implied.
Other than as mentioned above, and to the extent permitted by applicable law, our overall liability to you, unless excluded elsewhere herein, is limited to the sums you spent within your Account within the twelve (12) month period prior to the relevant date of alleged liability.
Under no circumstances shall we be liable to you for any loss or damage of an indirect or consequential nature, such as (without limitation) loss of profit, loss of trade, loss of data, loss of contract, loss of reputation etc.
Intellectual Property
All intellectual property rights in our websites and mobile and tablet applications and all material and/or content made available on or for the Services (including but not limited to rights in the products and services offered, all code, software, animations, graphics, music, sound, photographs, video content or text, and the selection and arrangement thereof) or otherwise by us shall remain at all times our property or the property of our third party licensors.
The names, images and logos identifying us, our partners or third parties and our/their products and services contained in our websites and mobile and tablet applications are proprietary marks and may not be reproduced or otherwise used without express permission. The same is protected by copyright law, international copyright treaties and conventions and other laws. All rights are asserted and reserved. Nothing contained in these Terms and Conditions 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. You may not translate, reverse engineer, modify, adapt, exploit, disassemble, decompile, merge or create derivative based on our website or tablet applications unless expressly permitted by applicable law but if you do, the product and all end results of those acts shall belong to, vest in and be the exclusive property of us on creation.
Promotions and offers
From time to time we offer promotions and offers to new and existing customers. These promotions and offers will have their own additional terms and conditions.
Please note that the terms and conditions for a promotion or offer shall prevail in the event of any conflict between the General Terms and Conditions and the terms and conditions for a promotion or offer.
All promotions and offers are limited to one per person.
We reserve the right to amend the terms and conditions of or withdraw any promotion or offer at any time at our reasonable discretion on prior notice to You wherever possible, however the promotion may be amended or withdrawn without notice, temporarily or permanently, if reasonably necessary to do so.
Contact Us
If You need to contact us, you can call us on +447590676057 (9am – 8pm), (Monday - Sunday). Calls to 0330 numbers are charged at a standard UK rate and are typically included in inclusive call packages; please check with your provider for details. You can also email us using the form available on the website at www.fairplayexchange.co.uk or contact us on info@fairplayexchange.co.uk
Miscellaneous
If we need to notify you under these Terms and Conditions, we will do so by email to the email address registered to your Account.
We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms and Conditions to another legal entity. You agree that we may do so provided that this will not adversely affect the standard of service you receive under these Terms and Conditions to a material extent. In the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under these Terms and Conditions to another legal entity, Your only rights under or in connection with these Terms and Conditions will be against the new legal entity and not against us. As set out in Clause 15, You may close Your Account with us at any time.
These Terms and Conditions are personal to you. You may not transfer your rights or obligations under these Terms and Conditions to anyone else.
If you breach these Terms and Conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions.
If any part of these Terms and Conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
These Terms and Conditions are not intended to give rights to anyone except you and us. This does not affect our right to transfer these Terms and Conditions under Clause 22.2.
These Terms and Conditions are only available in the English language.
These Terms and Conditions contain the whole agreement between you and us. You warrant and confirm that you have not entered into these Terms and Conditions upon the basis of any representations that are not expressly incorporated into the General Terms and Conditions.
Nothing contained within these Terms and Conditions is intended to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any third party.
Any notice due or required to be served under these Terms and Conditions shall be served on us using our registered address as set out above or on you using whatever contact details you provide. Notices may be served by us by electronic means or by recorded delivery. Notices may only be served by you on us by recorded delivery.
Governing Law and Jurisdiction
These Terms and Conditions are governed by and interpreted in accordance with the laws of England and Wales.
Unless otherwise specified in the Game Rules, disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Responsible Gambling
We are committed to upholding the principle of responsible gambling and have a number of self-help tools to help you manage your gambling.
We make available the facility for you to stop gambling at any time. 24 (twenty-four) hour to 30 (thirty) day cooling off periods as well as self-exclusions of a minimum of 6 (six) months to a maximum of 1 (one) year. This can be extended in 6 monthly intervals up to a maximum of 5 (five) years. Information on cooling off and self-exclusion may be found within the "Help and Support" section or within the "My Account" pages when logged in and also on our “Responsible Gambling” pages.
We will use all reasonable endeavours to ensure compliance with self-exclusion. We implement reasonable checks and safeguards to ensure that whilst you are self-excluded you are not sent marketing material about gambling from us and you cannot access our Services. Consequently, we cannot be held liable to you or any third party if you are able to continue to gamble on our mobile and tablet applications, or if any marketing material inadvertently gets sent to you or if you continue to gamble on any other party's sites or premises. You accept that we have no responsibility or liability whatsoever (including in respect of any losses You may incur) if You continue to gamble with us or any third party, in particular where you have sought to circumvent a self-exclusion via additional accounts; or where you have changed any of the registration details.
The National Association for Gambling Care Educational Resources and Training (GAMCARE) (www.gamcare.org.uk) provides information, advice and counselling to individuals, their family and friends who have concerns about problem gambling. The free Helpline number for GAMCARE (available 8am – midnight, 7 days a week) is 0808 8020 133. If You have any concerns about your gambling You can also find information and support at www.begambleaware.org.
Complaints and Player Dispute Resolution
If a dispute arises in relation to the use of our Services or the results of any bets, wagers, pools, games or entries, our transactions database will be the ultimate authority in such dispute.
If You have any cause to complain about anything that has happened as a consequence of Your dealings with us, you should notify us by contacting the Customer Experience Team by chat, phone or email within 12 (twelve) months of the original transaction and they will oversee the management of your complaint. Contact details can be found at Clause 21 (Contact Us). If you are unhappy with the decision of our Customer Experience team you can choose to escalate your complaint to our dedicated Complaints team. We will deal with your complaint as quickly as we reasonably can and shall, as necessary, request appropriate evidence from you for the purposes of settling your complaint. Our Complaints team will investigate any complaint or concern and issue a final response within 8 weeks.
If a complaint is not resolved to your satisfaction by the use of our internal complaints procedure, you may refer the matter to an independent adjudicator.
Indemnity
You hereby indemnify, defend and hold us harmless and our affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the “Indemnified Parties”) from and against any and all any liabilities, claims, loss, damage, injury, costs and expenses (including professional fees) incurred or suffered by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or claims arising directly or indirectly from your use or misuse of the Services and / or any negligent or improper use of your password and username and / or any use otherwise than in accordance with the Terms and Conditions. Such indemnity shall be on a full indemnity basis.
