Published: 9th September 2016
These terms and conditions and our Privacy and Cookies Policy and all supplemental terms, as amended from time to time (“Terms and Conditions”) are the terms on which the website www.winpredict.com (the “Website”), our application (the “App”) and all services related to and offered via the Website and App (the “Services”) are provided to you (“You”/”Your”/”Customer”). Thank you for taking the time to read these Terms and Conditions. If you have any comments or queries, please do not hesitate to contact us at the contact details set out at Section 1 below.
1. Who We Are and How To Contact Us
a. The Website including its mobile, tablet and any other format versions are controlled and operated by UK registered company Winpredict Limited (Company number 10201749). Our registered office is 20-22 Wenlock Road, London, England, N1 7GU.("WinPredict").
b. If you have any questions please contact us by email at [email protected].
2. Amending the Terms and Conditions and Services
a. By visiting the Website and App and/or by registering and/or using any part of the Services, you agree to be, and are, legally bound by:
i. these Terms and Conditions; and
iii. all such other of our terms and conditions, rules or policies as they relate to any applicable Services e.g. competitions, promotions, bonuses, special offers or any other aspect of your use of the Services from time to time.
b. Your use of the Services will constitute acceptance of these Terms and Conditions, to include any amendments and supplemental provisions thereto. If you do not agree to accept and be bound by these Terms and Conditions then, please discontinue your use of the Services, Website and/or App.
3. Amending the Terms and Conditions and Services
a. WinPredict reserves the right to amend the Terms and Conditions at any time, so please review these Terms and Conditions Frequently by visiting http://www.winpredict.com/page/tos. Your continued use of the Services, Website and/or App will signify your acceptance of these amendments to these Terms and Conditions. Any such amendment will be binding and effective immediately on posting notification of such changes on the Website and/or App or on such other forum as is relevant to the Service in question. The date on which the Terms and Conditions were last updated will be as stated at the top of the Terms and Conditions.
b. WinPredict may from time to time, in its absolute discretion, alter or amend or withdraw any betting or gaming from the Services or any part thereof, at any time, and may alter prices, features, specifications, capabilities, functions, rules and/or other characteristics of the bets, games and/or Services. The betting and pricing information featured on our Website and App is provided by third party providers such as bookmakers and odds providers. Such information is constantly being updated by such third party providers. We cannot therefore guarantee the accuracy or completeness of such information featured on our Website and App at any specific time and you should not rely upon such information as such. Before placing a bet with a third party provider you should review and confirm the latest betting and pricing information with such provider. To the maximum extent permissible by law, WinPredict excludes all liability for any losses (including direct and indirect loss of profits), damages, claims and expenses arising from such third party information made available as part of our Services. .We may however cancel Your bet, purchase or order if an incorrect price is shown at the time You place Your bet or order. If the issuer of your payment method refuses to authorise payment, Your purchase or order will not be accepted.
c. WinPredict may also at its discretion engage new or alternative third party service providers (“Third Party Service Providers”) in respect of any of its Services. By registering or playing with any such third parties, you thereby provide your consent to any applicable additional terms and conditions of such third parties that will be brought to your attention and as they may be amended from time to time, including but not limited to any change to the third party service provider itself.
4. Pre-Conditions to Opening an Account
a. In order to register an account (a "WinPredict Account") with us you hereby agree, confirm, warrant and represent that:
i. you are at least 18 years of age; or the age at which gambling is legal under any law that applies to you, whichever is the greater. WinPredict reserves the right to request proof of age documentation from any applicant or Customer at any time and to void any wagers with minors;
ii. you are entirely responsible for complying (and that you comply) with your own local, national, federal, state or other laws concerning betting and gaming prior to opening a WinPredict Account, placing any bets (including free bets and virtual bets) or wagers (including free wagers and virtual wagers) (together "Bets") or using the Services. In particular, if you live in a country where use of a particular Service is prohibited, you must not register with us for the applicable Service, attempt to use that Service or use your payment card or other payment method to undertake betting or gaming with us for the unlawful Service;
iii. you are not prohibited for any reason from betting with us or from using the Services; and
iv. you have not excluded yourself, and nor have you been excluded by any third party, from gambling or betting.
v You are legally able to enter into legally binding contracts.
b. For various legal and/or commercial reasons, we do not permit (to the extent within our control) WinPredict Accounts to be opened by, or used from, customers based in certain jurisdictions (the "Restricted Territories"). A list of these Restricted Territories can be seen at Appendix A to this Agreement. The Restricted Territories may be changed by us from time to time with or without notice. You agree that you shall not open an Account, nor attempt to use an Account, if you are in any of the Restricted Territories.
c. The availability of our Services does not constitute an offer, solicitation or invitation by us for the use of our Services in any jurisdictions in which such use is prohibited by law. WinPredict shall not be liable for any breach of any local, national, federal, state or other laws that may occur as a result of your using the Services.
d. In the event that you are found to have breached any of the terms in Clauses 4.1, 4.2 or 4.3:
i. we may cancel any Bet you may have placed;
ii. we may refer the matter to the police or any other appropriate regulatory authority.
5. Opening a WinPredict Account
a. To open a WinPredict Account, each Customer will choose its confidential password. Customer’s user name will be the email he provides on registration. A Customer may choose to open a WinPredict Account using their Facebook account. If a Customer choses to register with WinPredict via their Facebook account the Customer’s Facebook user name, picture and other Facebook account related details will be used by WinPredict to provide the Customer with the Services.
b. It is the responsibility of each customer to ensure that all personal details are current and up-to-date, as failure to do so may result in bets or payments being declined or payments being issued incorrectly or Services not being correctly provided You can update your personal details by contacting customer services by email at [email protected].
c. Only one WinPredict Account is permitted per customer. WinPredict reserves the right to close down any duplicate WinPredict Accounts and to cancel any bets on duplicate WinPredict Accounts. WinPredict also reserves the right to suspend or close any WinPredict Account and cancel, void and forfeit any associated bets where the WinPredict Account holder and the owner of the funding instrument are not the same.
6. Third Party Accounts
a. Use of the App and Services may require an account with the platform operator e.g. Apple/Amazon/Google. If you don't already have an account and such account is required, You will be prompted by such third party platform operators to set one up before downloading the App ("Your Platform Account"). Your access to the App will be linked to Your Platform Account and You are required to comply with the requirements set out in these Terms and Conditions together with any operable platform operator terms you may have signed up to in relation to Your Platform Account.
b. You agree and acknowledge that certain aspects of the Services including allowing You to place real money bets and conduct gambling will be provided directly by third party bookmakers such as Ladbrokes, William Hill, bet365, Pinnacle Sports and other third parties (“Third Party Providers”) and not by WinPredict. These Third Party Providers are entirely independent from WinPredict. To receive such Services, You will be required to abide by the terms and conditions of such Third Party Providers (“Third Party Terms”) and register an account with such Third Party Providers. The betting and pricing information and odds featured on our Website and App, including all information relating to real money bets is provided by Third Party Providers. Such information is constantly being updated by such Third Party Providers. We cannot therefore guarantee the accuracy or completeness or validity of such information featured on our Website and App at any specific time and you should not rely upon such information as such. Before placing a bet with a Third Party Provider you should review and confirm the latest betting, odds and pricing information with such provider. To the maximum extent permissible by law, WinPredict excludes all liability for any losses (including direct and indirect loss of profits), damages, claims and expenses arising from such Third Party Provider information made available as part of our Services.
7. Account Security
a. Upon opening Your WinPredict Account, You must ensure Your WinPredict Account password remains confidential and that You take all reasonable steps to avoid disclosing (whether directly or indirectly) Your WinPredict Account password or any other account information to anyone else. All bets where a Customer's username and password (or such other criteria as may be required and as communicated to you from time to time) have been correctly entered will be regarded as valid, provided that:
i. The bet meets the other criteria for placing a Bet as laid down in these Terms and Conditions and any Third Party Terms; and
ii. WinPredict has no other reason to believe at the time of acceptance of the bet that the bet was not placed by you.
b. Subject to the foregoing, WinPredict will not be liable for any loss that you may incur as a result of misuse of usernames or passwords or from any unauthorized use of your Account, whether fraudulent or otherwise. You agree to compensate us and pay damages and hold us harmless against any costs, claims, damages and expenses arising in connection with use of, or access to, your Account by any third party.
c. Please contact our customer services department by emailing at [email protected] as soon as is possible if you have lost or forgotten your Account details. You agree to inform us as soon as is possible if you believe that your Account information is being misused by a third party so that we may suspend your Account to prevent further abuse.
d. We recommend that you disable any automatic password memory in your browser prior to using the Services. This will help to limit the risk to you of unauthorized use of your Account.
8. Deposits and Withdrawals
a. To participate in any real-money Bets available via the Services, you must deposit monies into your account with applicable Third Party Providers. The terms governing the deposit of monies into and withdrawals from Third Party Provider accounts will be governed by the respective Third Party Terms of the Third Party Provider. Please read these Third Party Terms carefully.
b. Please note WinPredict is not directly connected to the Third Party Providers and will not hold any financial accounts or your money whatsoever.
c. Any deposits and withdrawals will be made via the relevant Third Party Providers and the third parties to which the WinPredict Services are connected to, or works with.
d. WinPredict will not be liable for any issue or claim arising in connection with Third Party Provider accounts or Services provided by Third Party Providers.
9. Placing Bets
a. Subject to virtual or ‘demo’ bets as provided under the provisions of Clause 9a below, Customers can only bet up to the amount held within their Account with their Third Party Provider or as otherwise permitted by their respective Third Party Provider in accordance with such Third Party Terms. The minimum and maximum bet per selection is determined exclusively by the Third Party Providers as describe on their sites.
b. You must exercise your own judgement in placing a bet and you hereby confirm that in placing the bet, you have not relied (in whole or in part) on the advice of WinPredict, or any information provided by WinPredict, including content contained on WinPredicts’ Website and App, or any employee, representative or associate of WinPredict. You acknowledge it is Your responsibility to ensure that the details of any bet, stake or similar transaction that you place using the Third Party Services is correct.
c. You understand and agree that virtual (also called ‘demo’) bets placed as part of the WinPredict Services are virtual only and do not give rise to any entitlement to real money (or money’s worth) should the virtual bet prove to be successful. You further understand and agree that unless otherwise stipulated in these Terms and Conditions, virtual bets will stand whether or not the selection takes part in the event, unless the event itself does not take place. You acknowledge that WinPredict will provide a ‘demo’ account balance (currently up to GB £5,000) which will allow you to place virtual or demo or practice bets via our Website or App with any Third Party Provider bookmakers featured and supported as part of our Services.
d. WinPredict is not responsible for any local taxes, VAT, sales taxes, or duties that may be payable by you whether on any bets, on any winnings or otherwise.
e. WinPredict reserves the right to void any or all bets made by, any group of people acting in conjunction with each other, or any individual acting alone, in an attempt to defraud WinPredict.
WinPredict may, at its sole discretion, at any time, exclude or restrict or suspend any customer from all or part of the Services, including closing or suspending a customer’s account and limiting their participation in and right to receive selected promotions (e.g. bonuses, free bets and enhanced prices) and any other promotions and offers introduced by WinPredict from time to time, If WinPredict decides to exclude or restrict or suspend a customer and/or their access to all or part of the Services, WinPredict will provide said customer with reasonable details of the reason(s) for such exclusion, restriction or suspension as soon as reasonably practicable upon receiving a written request to provide this information from the customer. . In the event of there being a dispute over the time at which a bet was placed or whether a bet has been placed, then the time at which it was recorded (if recorded) on the transactional log will govern settlement. If an attempted bet was not recorded on the transactional log, no Bet shall be deemed to have been placed. You should check your Account balance each time you visit the Website.
10. Live Betting
a. Live Betting (or Betting in Running) means betting that takes place while an event is in progress. In addition to the rest of these Terms and Conditions, the following rules apply to Live Betting:
I. we reserve the right to void any part of any, or all, Bets on any Live Betting event that is not completed (i.e. abandoned, postponed), as determined by WinPredict in its absolute discretion;
II. where a blatant or palpable error is made in transmission on any event on which we have purported to offer Live Betting, Bets may be settled at the correct price at the time at which the Bet was placed; or
III. where we have reason to believe that a Bet is placed after the outcome of an event is known, we reserve the right to void the Bet.
b. Please note that in the case of Live Betting, you may not at any time be able to see or otherwise be provided with the most up-to-date information in relation to the relevant event, including for example (but without limitation), through delayed coverage, a slow connection or equipment, or other system flaws, faults, errors or service interruption. WinPredict shall not be liable for any delay in relaying up-to-date information.
a. Certain games involve peer-to-peer events via the Website where you will be playing against other customers. Please note that we cannot control certain actions of those customers, who may be for example undertaking fraudulent activities such as colluding with other third parties or using unfair external factors or influences. If you suspect a person is colluding, cheating or undertaking a fraudulent activity, please let us know as soon as possible. We will take reasonable steps to prevent such unacceptable behaviour. However, we will not be liable for any loss or damage which you may incur as a result of such collusion, fraud, cheating or otherwise illegal activity.
12. Betting Apps
a. In addition to the rest of these Terms and Conditions, and all other terms and conditions that apply (such as the Game Rules and the Betting Rules or any other terms relating to any other Betting App), the following terms and conditions apply to the Betting Apps.
b. You accept that using the Betting Apps outside of a wireless (e.g. WiFi or 3/4G) network may result in data charges from your mobile network provider. WinPredict will not be responsible for any data charges incurred as a result of your using the Betting Apps.
c. If you suffer a disconnection or exit the application for any reason during a game where a further player action is required, then this game will be resumed from this point when you log back in to the application and launch the relevant game.
13. Winnings and Payment
a. All cleared winnings will be credited to such Customer Account held with the respective Third Party Provider. Winnings will not be credited to a Customer’s WinPredict Account, with the exception of virtual or demo bets where virtual winnings (not for real money) will be shown in a Customer’s WinPredict Account until the balance is revised at the beginning of the next month back to UK£500 virtual money. .
b. Please note that WinPredict does not hold any money and/or financial accounts related to Customers. All financial transactions will be performed by Third Party Providers of Services. Should you have any queries regarding Services provided by Third Party Providers, please contact these Third Party Providers directly.
c. You agree that We may use your username and/or first name and/or initials and region and any winnings you may have had for advertising or promotional purposes without additional compensation.
a. WinPredict makes every effort to ensure that no errors are made in prices offered or bets accepted, or any other information provided relating to the Services. However, human and/or systems' error may occasionally result in errors. WinPredict reserves the right to correct any errors or omissions and to cancel or void any Bets placed where such have occurred.
b. In the event of errors relating to the random number generators used in certain of the Services, WinPredict reserves the right to void all Bets on the games affected.
c. Should funds be credited to a customer's Account in error, it is the customer's responsibility to notify WinPredict of the error without delay. Any winnings subsequent to the error and prior to the notification of WinPredict, whether linked to the error or not, shall be deemed invalid and returned to WinPredict or such Third Party (as WinPredict may direct).
15. Void Bets
a. WinPredict may be required by law to conduct certain checks on Customers or those applying to open a new Account. Where we are required by law or otherwise determine to close an Account for a breach of these Terms and Conditions and/or Privacy and Cookies Policy, or any other matter including a suspension that You have been involved in collusion, cheating, fraud or criminal activity, your attention is brought to the following terms:
I. all previous bets will be voidable at the option of WinPredict and any winnings which you have accrued will be forfeited by you and you will return to us on demand any such funds which have been withdrawn from your Account; and
II. subject to Clause 15(a), any stakes for bets made but for which the event is not yet completed will be returned to you other than in the event of any outstanding charge-backs or any other amounts owed to us at that time.
a. WinPredict reserves the right to seek criminal or other sanctions against you if we suspect you have engaged in fraudulent, dishonest or criminal acts and we will disclose such information to the relevant authorities or other relevant third parties (for example, payment service providers) as may be necessary in this regard.
b. WinPredict reserves the right to suspend or terminate any Account it believes to be involved in fraud, money laundering and/or any other form of illegal or suspicious activities and to report such details as it reasonably considers are necessary to relevant authorities.
17. Responsible Gambling
a. WinPredict provides a self-exclusion facility to help you if you feel that you have developed a gambling problem.
b. At your request, we will prevent you from using your Account indefinitely. To this end, we may retain such personal data as is necessary (and for as long as is necessary which may be indefinitely) to implement the facility as effectively as possible, including for example your name, address and credit/debit card details.
c. Our self-exclusion facility involves a joint commitment between WinPredict and you. We will take reasonable steps to prevent you re-opening your Account or opening a new Account but you must not attempt to re-open your Account or to try and open new Accounts. We shall not be liable if you circumvent our self-exclusion procedures and continue to use our Services or if you continue to gamble with any third party.
d. The National Association for Gambling Care Educational Resources and Training ("GAMCARE") provides information, advice and counselling to individuals, their family and friends who have concerns about problem gambling. The Helpline number for GAMCARE when calling from the UK is 0808 802 0133 (this number may not be available from outside the UK); online support is available via netline at http://secure.gamcare.org.uk/netline/
18. Termination and Cancellation Rights
Your Right to Cancel
a. Where applicable, if You purchase digital content (for example gaming content) and/or Services directly from WinPredict, you will have the right to cancel the purchase and obtain a refund of the purchase price within 14 days after that purchase, provided that you have not streamed or downloaded or used the digital content or been provided with the Services (whether in whole or in part). You will lose this cancellation right as soon as you start to use, stream or download the digital content or as soon as you are provided with the Services (whether in whole or in part) and in doing so you accept that you have lost your cancellation rights.
b. Where you buy Services or digital content from a Third Party Provider, and you wish to cancel the purchase during the 14 day cancellation period, then you will need to deal directly with the Third Party Provider vendor of the Services or digital content for a refund. WinPredict shall have no responsibility to provide any form of refund or liability to You in respect of digital content or Services provided by any Third Party Provider.
What happens if my purchased digital content or Services are faulty or not as described?
If you purchase any betting or gaming content or Services directly from Winpredict and such content or Services are faulty or not as described (for example in terms of features, specifications etc) you shall have the right to cancel the contract you have with us and obtain a refund or a replacement of such content or Services you purchased.
Closure of Accounts
a. Please contact customer services by email at [email protected] if you wish to close your Account.
b. We may close or suspend your Account without notice if your Account remains inactive for a significant period, such period to be determined by Us at Our discretion. If you have any queries regarding inactive accounts, please contact customer services by email at [email protected] for further information.
c. We are entitled to close your Account at our discretion without notice at any time. If we do close your Account we will endeavour to provide you with details of the reason(s) for such closure upon receipt of written notice from you. Any balance in your Account will be made available to you, subject to your having complied with the terms and conditions of this Agreement and those of Third Party Providers.
19. Software and Downloads
a. For certain of our Services, it may be necessary to download or otherwise use certain software, including software provided by third parties. In such circumstances, you may be required to enter into an end user license agreement (" EULA") in respect of such software. You agree to be bound by the terms of any such agreement. You also agree not to interfere with, modify, decompile, copy, or reverse-engineer any software provided to you as part of the Services except as expressly permitted herein, in the EULA, or as permitted by law.
20. Systems Failure
a. WinPredict shall not be liable for any bet not being placed for any reason or you being disconnected from the Services, including but not limited to failure or disconnection of computer, telecommunications services, internet or otherwise, and the balance of your Account will at all times be as is recorded on our server.
21. User Generated Content
a. Certain of the Services may invite or permit you to upload your own content (" User Generated Content"). WinPredict does not exercise editorial control over, and therefore does not endorse, User Generated Content, and we shall not be liable in relation to such User Generated Content. You understand and agree that you are solely responsible for your User Generated Content.
b. For any User Generated Content you provide, you hereby warrant, represent and undertake that such content:
I. is an original work created by you or you have the express consent of the owner to use the User Generated Content in that manner;
II. does not infringe any third party intellectual property rights or privacy rights anywhere in the world;
III. does not contain any defamatory or otherwise inappropriate materials or statements;
IV. does not contain any form of malicious computer code (e.g. viruses, bugs, trojan horses etc.) which could disable or disrupt any of the Services;
V. complies with all applicable laws and regulations; and
VI. may be used in connection with publicizing and promoting WinPredict and its Services.
c. Any User Generated Content you provide will be considered non-confidential and lawfully provided by you and you are automatically deemed to have granted us an irrevocable, transferable, royalty-free license to copy, exhibit, publish, distribute or otherwise use and sub-license that User Generated Content as we see fit, including for commercial purposes. Such uses may include in printed publications, multimedia presentations, on websites or in any other distribution media. You agree that WinPredict may also use your name, likeness and any other biographical information contained in such User Generated Content as we see fit, including for commercial purposes. In addition, you waive any right to inspect or approve the finished product, including written copy, wherein your likeness or testimonial appears. For the avoidance of doubt, you agree that you will make no monetary or other claim against WinPredict for its use of your User Generated Content.
d. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or damages (including legal fees), however caused, that may arise as a result of or in connection with any User Generated Content.
e. If you have any issues with User Generated Content provided by any other customer, please let us know by contacting us at the details below. We reserve the right (but are not obliged to) to edit or remove User Generated Content.
22. Your Personal Data
WinPredict runs periodic competitions for all registered WinPredict users. In addition to these Terms and Conditions, the Competition will be governed by the competition terms in existence from time to time as set out at Competitions Rules. WinPredict will pay winners the competition prizes within 21 days from the end of each competition. Prize amounts will be transferred to winners' bank or PayPal accounts.
24.1 Third Party Linking
a. At WinPredict's discretion, the Website or other Services may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by WinPredict of the contents on such third party websites. WinPredict is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party sites. Links to any services provided by a third party are not intended for trading or investing purposes and WinPredict will accept no liability for any direct, consequential, incidental, indirect, punitive or any other losses or damages arising out of your access to and use of the information provided. If you decide to access linked third party websites, you do so at your own risk.
b. WinPredict generally welcomes the hyper-linking to our Website from other appropriate websites provided such links are to our homepage (and no deeper within the Website) and provided WinPredict gives its written consent to the establishment of such links. WinPredict reserves the absolute right to refuse to consent to such links without giving reasons. Any links to the Website from another website must be presented in such a manner that the viewing of the Website is not impaired by framing or similar techniques that may impair a browser's experience.
c. WinPredict does not permit linking from its Website or its Services to third party websites or services or the display of third party content on top of, or in addition or as an alternative to, our Website or Services without our express written consent. In particular, WinPredict expressly prohibits third parties from framing, similar techniques or other acts of impairment of a user's experience when they visit our Website or engage with our Services. To this end, and by your acceptance of these Terms and Conditions whether as registered member or otherwise, you hereby acknowledge that where you engage in any of the foregoing prohibited actions:
i. damages may not be an adequate remedy for any infringement and that we are entitled to the remedies of injunction, specific performance, an order to deliver up materials which infringe our intellectual property rights and any other statutory or equitable relief and that no proof of special damages is necessary for reliance on such remedies; and
ii. you shall compensate us on demand for any liabilities, losses or damages (including legal fees), however caused, that may arise as a result of or in connection with your non-compliance with this Clause 23.1.
24.2 No Warranty
a. The Services are provided "as is" without any express or implied warranty of any kind, and all warranties including warranties of merchantability, non-infringement of intellectual property rights, fitness for any particular purpose, and of completeness or accuracy of content are hereby excluded to the fullest extent permitted by law. Neither WinPredict nor any of its affiliates or licensors gives any warranty that the supply of material and content on the Website and/or the App (including but not limited to racing silks, form and racing previews) will be uninterrupted, timely, secure or error free or that the Website, App and the Services are free of viruses or bugs, or that use of the Website software with any hardware or other software (other than hardware or software notified by us as being compatible) will not cause any disturbance to the Website, App or to any other related software or hardware and no warranties are given as to the accuracy of material or content comprising the Services.’ In the event of communications or system errors occurring with the Website or App, neither WinPredict nor any third party provider will be liable to You or any third party for any costs, expenses, losses or claims arising as a result from such errors.
a. You hereby accept that by using the Services, there is a risk that you may, as well as winning money, lose money. You agree that your use of the Services is at your own risk and we accept no responsibility and shall not be liable in any way for any direct or indirect consequences that are alleged to have occurred through your use, or misuse, of the Services (or any part thereof).
b. You acknowledge that the maximum liability of WinPredict to you arising out of or relating to the Services, the Website, the App and/or the Terms and Conditions, whether for breach of contract, tort (including negligence), or otherwise shall be limited to the lesser of: (i) the average real money monetary (i.e. real, not virtual) balance held in your WinPredict Account in the previous six months; or (ii) one thousand Euros (€1,000.00).
c. To the fullest extent permissible by law, in no event shall We be liable to You in contract, tort (including negligence), breach of statutory duty or otherwise arising for any loss of profits (direct or indirect), loss of revenue, loss of business, loss of data, business information, business interruption, loss of reputation, loss of goodwill, damage or alteration to your equipment, loss of opportunity, or loss of goodwill, or for any indirect, special, incidental or consequential loss, even if such losses are foreseeable or if we have been notified of the possibility of such losses.
d. We are not liable for the failure of any equipment (including but not limited to computer equipment, handheld device or mobile telephones) or software, wherever located or administered, or whether under our direct control or not, that may prevent the operation of our Services, impede the placing of orders for bets or the acceptance of bets, or prevent you from being able to contact us. We will not be liable for any loss of content or material uploaded or transmitted through the Website and you confirm that we shall not be liable to you or any third party for any modification to, or suspension or discontinuance of, the Services. To the maximum extent permissible by law, we reserve the right to cancel or suspend the Services without incurring any liability.
e. We shall not be liable for any loss or damage that you may suffer and shall be entitled to suspend the Service without notice in the case of any system failure, maintenance or repair or due to events beyond Our reasonable control, including but not limited to any act of God; power failure; trade or labor dispute; act, failure or omission of any government or other authority; obstruction or failure of telecommunication services or networks; or any other act, omission, delay or failure caused by a third party.
f. Notwithstanding the rest of the terms of this Clause 23.3, nothing in these Terms and Conditions shall exclude or limit our liability for fraudulent misrepresentation, death or personal injury resulting from our negligence or the negligence of our employees or agents, or any liability to the extent such liability cannot be excluded or limited as a matter of law.
a. You agree to compensate us on demand and hold us and our subsidiaries, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or damages (including legal fees), however caused, that may arise as a result of or in connection with inappropriate or unauthorized access or alleged inappropriate or unauthorized access to and use of the Services by you or by anyone else using your password and/or breach or alleged breach by you of any of the terms and conditions of this Agreement.
24.5 Reimbursement Special Offers
a. We may post from time to time special offers, which may be time limited, where we offer to reimburse part or all of your first deposit ("Reimbursement"), when you open a NEW account with a specific Bookmaker or bookmakers, which we specifically name ("Special Offers")
a.1. Our Special Offers may include some or all of the following: (i) the name of the designated Bookmaker; (ii) teh time period of the Special Offe. in case we don't include any time period for such Special Offer/s, then the time-frame for the Special Ofer/s will be the duration in which our offer was/is advertised on our site.
b. We will pay you the Reimbursement in the following conditions:
b.1. You have opened a NEW user account ("New Account") with the relevant Bookmaker/s we have specifically named, during the period that our special offer is valid
b.2. You have opened the New Account through the WinPredict site and link or banner, which presented Special Offer
b.3. Your new account was approved by that specific bookmaker for trading/betting
b.5 You have placed not less than 15 Real with your New Account at that Bookmaker and through the WinPredict site and Betslip
b.6. The specific Bookmaker has confirmed to us that your New Account was opened with the Winpredict Affiliation code (so that we can confirm that you have opened the New Account in accordance with our instructions)
b.7. You have deposited with the said Bookmaker at least 50 British Pounds in your New Account
b.8. You have contacted us and sent us a proof of the amount you have deposited
b.8.1. You must send us a proof of your deposit with the respective Bookmaker, such as an image copy of your account with the respective Bookmaker
b.8.2. You can contact us at [email protected]
b.8.3. You must include your contact details including: (i) full name; and (ii) email login of your WinPredict account; and (iii) your address; and (iv) your PayPal account; and (v) your account number with the respective bookmaker; and (vi) the date your deposit was made and accepted/approved with the respective Bookmaker
(Altogether defined herein as "Basic Terms")
c. Our Special Offers apply for a first deposit amount of up to 500 British Pounds
d. We have the sole discretion to decide whether you have complied with our Basic Terms or not. We will notify you of your compliance once we receive your message as stated in clause 'b' above.
e. We may request more information and proof from you to ensure that you comply with our Basic Terms.
f. We may decline your request for reimbursement, based on our sole discretion, if we believe that you have not complied with our Basic Terms
g. Should you comply with the Basic Terms we will transfer the relevant reimbursement amount to your PayPal account - or any other type of account, like a Bank account, should we decide or agree with you - within 21 days from our confirmation to you, that you have complied with the Basic Terms. Note that reviewing your compliance and receiving confirmation from the respective Bookmaker may take time.
24.6 Intellectual Property Rights
a. You acknowledge that WinPredict is the owner or authorized user or licensee of all the intellectual property rights in the Services, the Website and App and their content including, without limitation, any copyright, patent, designs (registered or unregistered), trademarks (registered and unregistered), service marks, source codes, specifications, templates, graphics, logos, know-how, confidential information, or any right subsisting anywhere in the world or elsewhere in respect of content, databases, formats, interfaces, programming, the offering of services to other customers, software or any application for any of the foregoing and any modification, adaptations, improvements, developments and enhancements thereof. Except as expressly provided in writing herein, WinPredict does not grant any express or implied right, estoppel or otherwise to you in any of its intellectual property rights, know-how or secret or confidential information,
b. Subject to these Terms and Conditions, we hereby grant You a personal, non-exclusive, non-transferable licence to use all content and material on the Website or otherwise accessible via the Services. Such use shall not extent to commercial (i.e. business) usage, and the distribution, reproduction or commercial exploitation of such content and material in any manner whatsoever without our express written consent is prohibited.
c. For the avoidance of any doubt you may use the data available from the Website and the other Services (including for example odds, both live and historical) only as strictly required for your permitted personal, non-commercial purpose of availing of the Services. Any other use and/or reproduction of the data without prior written consent of WinPredict is prohibited and will constitute a breach of these Terms and Conditions. WinPredict reserves its right to take such action as it considers necessary, including issuing legal proceedings without further notice to you, in relation to any unauthorized use of its data or of the Website or Services
24.7 Transfer and Assignment
a. On occasion, we may require the ability to transfer, assign or sub-license these Terms and Conditions to a third party, for example (but without limitation) in the case of our engaging new third party service providers or in the case of a merger or acquisition. You hereby consent, and we reserve the right to, transfer, assign or sub-license these Terms and Conditions, in whole or in part, to any person without requiring any additional consent and without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you.
b. You may not assign, sub-license or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms and Conditions without our prior written consent.
a. If any provision of these Terms and Conditions is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that provision will to the extent strictly necessary be severed from the remaining terms and conditions and that determination shall not affect the validity of the remaining provisions of these Terms and Conditions. In the case of the severance of any terms, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the original intent in these Terms and Conditions.
a. Failure by WinPredict to insist upon strict performance of any of your obligations or to exercise any of the rights or remedies to which we are entitled shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations and a waiver by us of any default shall not constitute a waiver of any subsequent default.
a. Notices and other communications delivered or mailed to the postal address or to the electronic-mail address provided by you shall, until we have received notice in writing of any different address, be deemed to have been personally delivered once sent whether actually received or not.
a. In the event of there being any conflict or inconsistency between the terms and conditions comprising these Terms and Conditions as identified in Clause 2, the order of precedence shall be as follows:
i. the Game Rules; and then
ii. Betting Rules; and then
iii. these Terms and Conditions; and then
v. any other of our terms and conditions, rules or policies as they relate to any applicable Services, promotions, bonuses, special offers or any other aspect of your use of the Services from time to time.
24.12 Governing Law and Jurisdiction
a. These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts.
a. Should You wish to make a complaint regarding the Services, as a first step You should, as soon as reasonably practicable, contact Customer Services about Your complaint, which will be escalated as necessary within our Customer Services team until resolution.
b. If there is a dispute arising from these Terms and Conditions which cannot be resolved by Customer Services having been escalated in accordance with paragraph 23.12a. You can request that the matter be addressed by a manager or supervisor of WinPredict. We will endeavour to resolve the matter to Your satisfaction.
d. If You remain unhappy with any solution offered by us then You agree that the matter may be referred for adjudication by the Independent Betting Adjudication Service (IBAS), telephone number +44 207 347 5883. Further details about IBAS can be found on www.ibas-uk.com. IBAS' decision will be final so long as the full facts are presented by all parties concerned. We are able to provide You with IBAS' postal address on request. Alternatively, you can raise your complaint using the Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. The ODR platform will aid in the resolution of your complaint by facilitating communications between parties
e. When we wish to contact You, we may do so using any of Your Contact Details. Notices will be deemed to have been properly served and received by You immediately after an email is sent or after we have communicated with You directly by telephone (including where we leave You a voicemail), 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; in the case of an email, that such email was sent to the specified email address (if any) in Your Contact Details at the time that any such email was sent.
24.14 Entire Agreement
a. These Terms and Conditions and any documents referred to herein represent the entire agreement between WinPredict and you and supersede any prior agreement, understanding or arrangement, whether oral or in writing. We each acknowledge that we have not relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us except as expressly stated in these Terms and Conditions.
25. Third Party Rights
Except as otherwise provided in these Terms and Conditions, a person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
26. Contact Us
23.1 Thank you for using the Services. If you wish to contact us for any reason, please contact customer services by email at [email protected]
Appendix - Restricted Countries
For WilliamHill, real betting: Afghanistan, Algeria, Bangladesh, Belgium, Benin, Botswana, Brazil, Colombian British, Bulgaria, Burkina Faso, Cambodia, Cameroon, Central African Republic, Chad, China, Cuba, Cyprus, Democratic Republic of Congo, Denmark, Djibouti, Dominican Republic, Equatorial Guinea, Estonia, Ethiopia, France, French Polynesia, Gabon, Gambia, Greece, Greenland, Guam, Guadeloupe, Guernsey, Guinea, Guinea-Bissau, Haiti, Hong-Kong, India, Indonesia, Iran, Iraq, Ireland, Israel, Ivory Coats, Jersey, Lesotho, Liberia, Libya, Macedonia, Mali, Manitoba, Martinique, Mauritania, Myanmar, Mongolia, Montserrat, Netherlands, New Caledonia, Niger, Norfolk, North Korea, Norway, Philippines, Portugal, Republic of Congo, Reunion, Romania, Rwanda, Vincent and the Saint, Grenadine, Samoa, Tom and Principe Sao, Saudi Arabia, Singapore, Solomon Islands, Somalia, South Africa, Sudan, Suriname, Swaziland, Syria, Thailand, Togo, Tonga, Turkey, Uganda, United Arab Emirates, USA, Uruguay, Vanuatu, Virgin Islands, Yemen.
For Betsafe, real betting: Belgium, China, Denmark, Estonia, France, French Polynesia, Georgia, Guam, Guinea, Guinea-Bissau, Hong-Kong, Hungary, Italy, Kenya, Mariana Islands Northern, Portugal, Puerto Rico, Spain, Turkey, USA, Virgin Islands.
For Pinnacle Sports, real betting: Belgium, Denmark, Estonia, France, French Polynesia, Georgia, Germany, Italy, Netherlands, Portugal, Spain, Turkey, USA.