Betfair Developers Program

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	Betfair Developers Program Terms & Conditions: IMPORTANT READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT These terms and conditions (the "Agreement") constitute a legally binding agreement between: • You, the end user; • Betfair Games Limited ("Betfair Games") of Cornerstone Complex, 16th September Square, Mosta, Malta, MST03; and • TSE (Developments) Limited ("TSED ") of Waterfront, Hammersmith Embankment, Chancellors Road, London, W6 9HP. "Betfair Exchange Gaming" (which includes without limitation Betfair exchange poker, Betfair exchange blackjack, Betfair exchange baccarat, Betfair exchange hi lo and other similar offerings) is located at www.betfairgames.com or replacement or associated URLs or through the Betfair API. Betfair Exchange Gaming operates on the basis of an underlying software system either owned by or licensed to and operated by Betfair (Malta) by TSED (the "Software"). In this Agreement Betfair Games and TSED are together referred to as the "Service Providers". This Agreement is between you and all of the Service Providers. The Service Providers may (either individually or together) enforce any of their respective rights or powers set out in this Agreement against you directly. The purpose of this Agreement is to regulate the legal relationship between you and the Service Providers in relation to your use of Betfair Exchange Gaming and the Software. If you have any questions, the Service Providers encourage you to seek independent legal advice in your jurisdiction prior to clicking on the "ACCEPT" button/checking any box to indicate your acceptance of terms. By clicking on the "ACCEPT" button/checking any box to indicate your acceptance of terms and/or continuing to access and/or use Betfair Exchange Gaming or the Software you are legally bound by this Agreement INCLUDING THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN IT AT CLAUSE 11. If you do not agree with any of the terms of this Agreement you must click on the "DECLINE" button/not check the box indicating acceptance and you must not use or continue to use Betfair Exchange Gaming or the Software. In order to register to play Betfair Exchange Gaming you will be required to register with the Betfair betting exchange (operated by Betfair Limited) and place funds in your Betfair account to be held on trust by a separate company that is not a party to this Agreement (The Sporting Exchange (Clients) Limited (“TSE Clients”) - a wholly owned subsidiary of Betfair Limited’s parent company, The Sporting Exchange Limited) as security for the placing of bets and participation in Betfair Exchange Gaming. In this Agreement the Betfair Group means The Sporting Exchange Limited and all its subsidiaries and associated companies. In the course of doing so you must agree to abide by all of Betfair Groups' Terms and Conditions, Privacy Policy and Trust Deed which are accessible in a durable medium on the www.betfair.com site and to the extent that you fail to so agree during such registration process you hereby agree to the same pursuant to and in incorporation with all terms set out in this Agreement. To the extent that they are relevant to Betfair Exchange Gaming all of Betfair Groups’ Terms and Conditions, Privacy Policy and trust Deed are incorporated into this Agreement by reference. 1 Betfair Exchange Gaming 1.1 Betfair Games operates Betfair Exchange Gaming by virtue of a Class 3 license (LGA/CL3/207/2005) granted to it by the Lotteries and Gaming Authority (“LGA”) in Malta. Betfair Games is licensed by TSED to use the Software for the purposes of providing Betfair Exchange Gaming to you. All transactions with Betfair Exchange Gaming take place in the territory of Malta where the Betfair Exchange Gaming server is located. TSE Clients holds all funds on trust for you - at no time do funds leave your Betfair exchange account instead Betfair settles wins and losses when you leave the Betfair Exchange Gaming environment at which point your Betfair account will be adjusted to reflect your wins or losses from the Betfair Exchange Gaming session. 1.2 You can only use Betfair Exchange Gaming if you are of the legal age of majority as determined by the law of the country from where you live and/or access Betfair Exchange Gaming from (the "Local Jurisdiction"). You cannot use Betfair Exchange Gaming if you are under 18 years of age in any circumstances. If you are under 18 years of age or below the legal age in the Local jurisdiction, or if use of Betfair Exchange Gaming is prohibited in the Local Jurisdiction (YOU HAVE AN OBLIGATION TO MAKE THIS DETERMINATION BY MAKING THE APPROPRIATE ENQUIRES IN THE LOCAL JURISDICTION) then you must only use any version of Betfair Exchange Gaming that can be played or bet on for fun or practice, and not for real money. 1.3 Betfair Exchange Gaming is only available to you if use of Betfair Exchange Gaming is permitted in the Local Jurisdiction. The Service Providers do not intend that anyone should use Betfair Exchange Gaming where such use is illegal. The availability of Betfair Exchange Gaming does not constitute an offer or invitation by any Service Provider to use Betfair Exchange Gaming in any country in which such use is illegal. Use of Betfair Exchange Gaming and participation in games may be voided wherever prohibited by any applicable law. YOU ACCEPT SOLE RESPONSIBILITY FOR DETERMINING WHETHER YOUR USE OF BETFAIR EXCHANGE GAMING IS LEGAL IN THE LOCAL JURISDICTION. If your use of Betfair Exchange Gaming is illegal you may not be entitled to collect any winnings and the Service Providers reserve the right to recover any winnings already received by you and/or by anyone acting on your behalf and to report you to the relevant authorities. 1.4 It is Betfair Games’ long standing and continued policy not to let you use its services if you are based in the United States of America. We will put in place restrictions to attempt to prevent you from playing Betfair Exchange Gaming from the United States of America. YOU ARE NOT PERMITTED UNDER ANY CIRCUMSTANCES TO PLAY BETFAIR EXCHANGE GAMING FROM THE UNITED STATES OF AMERICA. Following any breach of this clause by you we may suspend or terminate your Betfair Exchange Gaming account immediately. 1.5 Whilst it is intended that Betfair Exchange Gaming will operate under a Maltese LGA licence, Betfair reserves the right to switch the operation of Betfair Exchange Gaming to another jurisdiction at any time, for example for disaster recovery purposes. In this case another company in an alternative jurisdiction will act as agent for, and provide services to, Betfair Games to ensure that Betfair Exchange Gaming will be available to you, subject to the terms of this Agreement. 2 END USER'S REPRESENTATIONS, WARRANTIES AND COVENANTS & INDEMNITY 2.1 In consideration for the rights granted to you to play Betfair Exchange Gaming you warrant, represent and covenant with the Service Providers (and acknowledge that the Service Providers are relying on such warranties, representations and covenants) that: • You are of sufficient legal age and are legally allowed to use Betfair Exchange Gaming in the Local Jurisdiction. • Your use and interest in Betfair Exchange Gaming is personal and not professional and that you are only using Betfair Exchange Gaming for your own private entertainment and you acknowledge that any other entrance, access, use or reuse of Betfair Exchange Gaming is strictly prohibited. • You are solely responsible for recording, reporting, paying and accounting to any relevant governmental or taxation authority for any tax or other levy that may be payable on your winnings from Betfair Exchange Gaming. • You agree and acknowledge that you will not provide any information or make any statement to the Service Providers that is untrue, false, incorrect or misleading including in particular (but not limited to) information relating to your identity and contact details. • Any and all information that you have provided to the Service Providers is true (and will continue to be true) in every respect throughout the term of this Agreement and you agree to duly notify the relevant Service Providers of any changes to such information immediately. • You will not use the Software to engage in any activity which you know, or reasonably ought to know, will (or may) be illegal in the Local Jurisdiction. • You are solely responsible for the acquisition, supply and maintenance of all of the computer equipment and telecommunications networks and Internet access services and all other consents and permissions that you need to use in order to access Betfair Exchange Gaming or use the Software. • You fully understand the methods, rules, and procedures of Betfair Exchange Gaming and, where and when appropriate, will seek advice or help when using the Software or Betfair Exchange Gaming. • You acknowledge that there exists a risk of losing money when using Betfair Exchange Gaming. • All monies used by you in Betfair Exchange Gaming are lawfully yours and are not obtained from an illegal source. • By accepting any winnings, you consent to the Service Provider's use of your name for advertising and promotional purposes without additional compensation except where prohibited by law. • You will not deliberately take steps to prevent us from identifying your location when playing Betfair Exchange Gaming. • You accept and agree to abide by both the terms and conditions of this Agreement, as amended from time to time, the rules of Betfair Exchange Gaming's games and any rules and terms for any promotions or loyalty schemes in which you participate, each as set out on the Betfair Exchange Gaming website www.betfairgames.com from time to time. You may find information regarding the rules at www.betfairgames.com. Your participation in any promotions shall be deemed as consent to the applicable rules and terms set out in connection with the respective promotion. 2.2 You agree to fully indemnify the Service Providers and hold the Service Providers harmless from and against all and any losses, costs, expenses, claims, demands, liabilities and damages however caused that may arise directly or indirectly as a result of your (a) use of Betfair Exchange Gaming or (b) acceptance of any winnings or (c) any breach of this Agreement. 2.3 If you breach this Agreement or a Service Provider has any reasonable grounds for suspecting that you have breached the Agreement, in addition to any other remedies available to the Service Providers, TSE Clients (on behalf of Betfair Games) may withhold payment of your winnings on account of any damages or other amounts owed by you to the Service Providers. 2.4 Betfair Games reserves the right to amend your Betfair Exchange Gaming nickname and/or alias in its absolute discretion if it believes the same to be defamatory, offensive, pornographic or in any way intended to impersonate a real person or brand. 3 Software 3.1 Title, ownership and all intellectual property or other proprietary rights in Software belong to The Sporting Exchange Limited, including any images, photographs, animations, video, audio, music and text, (other than those items that have been licensed for use by Betfair Games) that may be part of Software. Software in source code form is the trade secret and confidential information of The Sporting Exchange Limited. All rights not expressly granted to you under this Agreement in respect of the Software are reserved to The Sporting Exchange Limited. The Software is protected by all applicable intellectual property laws and international treaty provisions 3.2 Title, ownership and all intellectual property or other proprietary rights in Betfair Exchange Gaming are licensed to Betfair Games. You shall not acquire any rights, interest in or title to any such intellectual property rights in Betfair Exchange Gaming. 3.3 The copying, redistribution or publication of any part of the Software is strictly prohibited. You will not sell, assign, sub-license, transfer, distribute, rent or lease the Software and you will be solely liable for any and all damages, costs and expenses arising from such unauthorized sale, assignment, distribution, renting or leasing thereof. You will not make the Software available on a computer network or otherwise make the Software available to any third parties without the prior consent of the owner and/or licensor of the Software. Other than as expressly permitted by applicable law, you will not copy, reverse engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source codes of the Software or create derivative works based on the Software, and you will be solely liable for any damages, costs or expenses arising from the above. You will only use the Software for the purposes contemplated by, and in accordance with the terms of, this Agreement. If you become aware that the Software is being used in any manner not authorized by this Agreement or otherwise, you will immediately notify TSED and Betfair Games. 3.4 You agree that you will not use the Software for any unlawful purposes or for the purposes of sending or transmitting any data or other material: • in a manner that constitutes a violation or infringement of the rights of any third party (including but not limited to intellectual property rights); • that has harmful or destructive or damaging properties; • that may constitute any form of collusion; or • which is likely to cause harm or damage to the computer systems, network or equipment of any third party. 3.5 You acknowledge and agree that the Software and any related documentation or other materials provided by the Service Providers are the confidential information of the Service Providers. You agree not to disclose such confidential information to outside parties without the consent of the Service Provider owning such confidential information. You shall only use confidential information for the purposes of this Agreement. Your obligations with respect to confidential information shall survive termination of this Agreement. 3.6 The Service Providers may develop or issue upgraded versions of the Software from time to time and may make such upgraded versions available to you in their sole discretion. All such upgrades shall be deemed to be Software for the purposes of this Agreement. 3.7 Although use of the “Betfair API” (as defined below) is currently free of charge, the Service Providers reserve the right to introduce a fee, subscription or other charge or condition for access to the Betfair API in the future. You will be made aware of the introduction of any charge or condition before it is introduced. The “Betfair API” is the data and functionality (commonly referred to as the application programming interface or API) contained on the Betfair Exchange Gaming platform together with access to the relevant Web Services Definition Language (WSDL) file where required. 3.8 You should be aware that some customers make use of programs designed to automatically place bets within certain parameters set by them (e.g. to back or lay at a certain price). These "bots" may be active in all markets at any time and you should not assume that you can place bets on quiet markets that will not be automatically matched simply because the market otherwise appears quiet. Additionally bot users should be aware that bots might be prone to exploitation by other sophisticated users. Betfair Games reserves the right to restrict you from using bots generally or any specific bot if we believe that you have used a bot (i) to the detriment of our business; or (ii) to place bets on, or manipulate, any Betfair Exchange Gaming market in bad faith or which has the purpose or effect of adversely affecting the integrity of Betfair Games or any market offered by Betfair Exchange Gaming. 3.9 You acknowledge that use of Betfair Exchange Gaming confers no rights whatsoever to the intellectual property rights in Betfair Exchange Gaming. You hereby assign to The Sporting Exchange Limited any intellectual property rights (including without limitation copyright and database rights) in any bets or any other interaction made by you whilst using Betfair Exchange Gaming. 3.10 From time to time Betfair Games may provide you with access to various information and content via the Betfair Exchange Gaming website (including micro-sites and video content) and/or emails. Further Betfair Games may provide you with links to third party websites which may include information. This information and content is provided solely for your own personal use. 3.11 The information referred to in 3.10 is supplied "as is" and for guidance only. Use of such information is entirely at your own risk. To the fullest extent permitted by law, Betfair Games makes no representations or warranties of any kind, including but not limited to, the accuracy, quality or completeness of the information. You are not permitted to copy or reproduce any information or content referred to in clause 3.10. 3.12 Betfair Games shall not be liable for any action taken by you as a result of your relying on any information referred to in 3.10 or for any loss or damage suffered by you as a result of you using such information or any third party website linked to from Betfair Games. 3.13 Any links from the Betfair Games website to third party websites do not constitute an endorsement by Betfair Games of any products or services available on such websites. You use such websites at your own risk and Betfair Games takes no responsibility for the content on, or use of, such websites. 4 TERMINATION 4.1 This Agreement is effective from the date you click on the "ACCEPT" button/you check the acceptance button or otherwise indicate acceptance of these terms and it shall continue in effect until terminated in accordance with its terms. 4.2 The Service Providers (or any of them) may restrict your access to Betfair Exchange Gaming, suspend your Betfair Exchange Gaming account or terminate this Agreement at any time and for any reason whatsoever in their sole and absolute discretion with or without notice to you. In particular the Service Providers (or any of them) may immediately restrict your access to Betfair Exchange Gaming, suspend your Betfair Exchange Gaming account or terminate this Agreement without notice if: • you fail or refuse to pay any amount due to any of the Service Providers; • you breach any of the terms of this Agreement in any way including your representations, warranties or covenants given in this Agreement; • any statement or information you provide to the Service Providers is untrue, false or misleading whether now or at any time that you play at Betfair Exchange Gaming; • you are committing any offence; • you are in breach of Betfair's Terms & Conditions; or • you cause to be published on, and/or sent via, Betfair Exchange Gaming or Software any actual or potentially defamatory, offensive, racist, harmful or obscene language or material. 4.3 You may terminate this Agreement at any time by prior written notice to Betfair Games. 4.4 Except where Clause 5.2 of this Agreement applies, on termination of this Agreement any balance in the Betfair Exchange Gaming environment (if applicable) will be returned to your Betfair account within a reasonable time of your request subject always to the Service Provider's right to deduct any amounts owed by you to the Service Providers and any applicable transaction charges from such balance before remittance to you. If this Agreement is terminated as a result of your default then you will be liable to the Service Providers for any damages suffered by any of them. 5 BETFAIR EXCHANGE GAMING TERMS 5.1 If the Service Providers find any evidence or has any suspicion that you have attempted or intend to breach any of the foregoing terms or have otherwise tampered or will otherwise tamper with the Software or the operation of Betfair Exchange Gaming in any way, in addition to any other remedies available to it, they may withhold payment of your winnings. In addition Betfair Games reserves the right not to transfer your account balance to your Betfair exchange account where we suspect the account has been linked with fraudulent or dishonest activity or where we have to withhold the funds by law or to comply with any advice, request or instruction from any governmental, regulatory or enforcement authority. 5.2 As part of Betfair Exchange Gaming, Betfair Games may offer other games and/or services from time to time. 5.3 Betfair Games may, in its absolute discretion, alter or amend or withdraw any game from Betfair Exchange Gaming or any part thereof, at any time, and may alter prices, features, specifications, capabilities, functions and/or other characteristics of Betfair Exchange Gaming, or Betfair Exchange Gaming games. 5.4 Betfair Exchange Gaming will be operated and played in accordance with the rules of the LGA as applicable. 5.5 Betfair Games reserves the right to additionally verify your identity and your place of residence before making a payout of the value exceeding MTL 1000 or its equivalent in any currency. 6 FORCE MAJEURE 6.1 The Service Providers shall have no liability to you in respect of an event of Force Majeure. For the purposes of this Agreement "Force Majeure" means any event outside the reasonable control of a party affecting its ability to perform any of its obligations (other than payment) under this Agreement. 7 USER INFORMATION & PRIVACY 7.1 You are solely responsible for the security and protection of your user name and password (collectively the "User Information"). You will take all necessary and reasonable steps to protect the User Information from disclosure. You will not divulge the User Information to any third party nor write it down in any form that may jeopardize its confidentiality. You will not permit any third party to use your User Information in order to access the Software or Betfair Exchange Gaming, whether authorized or not. 7.2 You are solely responsible, liable and accountable for all use or access of Betfair Exchange Gaming or the Software (including all bets and wagers made) through your User Information and you will be solely liable for any losses, damages, costs or expenses that occur due to the use by, or disclosure of the User Information to, others, whether authorized by you or not. 8 Personal Data 8.1 It is necessary for the Service Providers to collect personal information and data ("Personal Data") from you in order to allow you to access and use Betfair Exchange Gaming and Software. By using Betfair Exchange Gaming and Software and communicating electronically with the Service Providers, you acknowledge and agree to the Service Providers processing your Personal Data in the ways set out in this Clause 8 and in the Betfair Privacy Policy. The Betfair Privacy Policy is incorporated by reference into this Agreement. 9 ERRORS & OMMISSIONS 9.1 If there is any discrepancy between the gaming results on your computer and the results on the game server for Betfair Exchange Gaming, the results on the game server for Betfair Exchange Gaming shall be final and binding. If there is any discrepancy between your on-screen display and the balance in your Betfair Exchange Gaming Account, the balance held on Betfair's server is deemed to be the balance in your Account and this determination shall be final and binding. You will forfeit any amounts shown to be in your Account that result from human error or technical default. 9.2 If you are incorrectly awarded any winnings as a result of (a) any human error on the part of the Service Providers or (b) any bug, defect or error in the Software or (c) the failure of Betfair Exchange Gaming or the Software to operate in accordance with the rules of any of Betfair Exchange Gaming's games then the Service Providers will not be liable to pay you any such winnings and you agree to refund any such winnings that may have been paid to you as a result of such error or mistake. 9.3 The Service Providers and their respective licensees, distributors, parents, subsidiaries, affiliates and all of their officers and directors and employees will not be liable for any damages which may be caused by the interception or misuse of any information transmitted over the Internet. 10 CHANGES TO THIS AGREEMENT 10.1 The Service Providers may modify, restate or amend the terms and conditions of this Agreement, the rules of Betfair Exchange Gaming, the rules and terms applicable to promotions or loyalty schemes from time to time. If we make significant changes to these terms and conditions we will take appropriate steps to bring such changes to your attention, such as by posting a copy of the change, modification, restatement or amendment on a prominent position on the Betfair Exchange Gaming site. 10.2 A copy of this Agreement, as updated from time to time, is available for your review at any time on Betfair Exchange Gaming's web site at www.betfairgames.com. It is your responsibility to check the terms and conditions of this Agreement and the Betfair Privacy Policy from time to time. 10.3 If you use or continue to use Betfair Exchange Gaming or the Software after the posting of any change to this Agreement or the rules of Betfair Exchange Gaming the terms for promotions or loyalty scheme, you will be deemed to have accepted the change whether or not you have chosen to read any notice posted about the change. 11 NO WARRANTIES & LIMITED LIABILITY 11.1 ANY GAMES OFFERED BY BETFAIR EXCHANGE GAMING AND THE SOFTWARE ARE PROVIDED TO YOU "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE SERVICE PROVIDERS DO NOT WARRANT THAT THE OPERATION OF ANY GAMES OFFERED BY BETFAIR EXCHANGE GAMING OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR ERROR FREE OR SECURE OR THAT ANY DEFECTS ARE CORRECTABLE OR WILL BE CORRECTED. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF ANY GAMES OFFERED AND THE SOFTWARE LIES WITH YOU. IN ADDITION, ANY SECURITY MECHANISMS IMPLEMENTED IN ANY GAMES OFFERED BY BETFAIR EXCHANGE GAMING OR IN THE SOFTWARE HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THEY MEET YOUR REQUIREMENTS. 11.2 BETFAIR GAMES’ MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF ANY GAMES OFFERED BY BETFAIR EXCHANGE GAMING AND/OR THE SOFTWARE WHETHER FOR BREACH OF CONTRACT, EQUITABLE DUTY OR IN TORT OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAID TO ACCESS BETFAIR EXCHANGE GAMING. TSEL’S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF ANY GAMES OFFERED BY BETFAIR EXCHANGE GAMING AND/OR THE SOFTWARE WHETHER FOR BREACH OF CONTRACT, EQUITABLE DUTY OR IN TORT OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAID TO USE BETFAIR EXCHANGE GAMING AND/OR THE SOFTWARE. 11.3 IN NO EVENT WILL THE SERVICE PROVIDERS, THEIR LICENSEES, DISTRIBUTORS, PARENTS, SUBSIDIARIES, AFFILIATES AND ALL OF THEIR OFFICERS, DIRECTORS AND EMPLOYEES, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY GAMES OFFERED BY BETFAIR EXCHANGE GAMING, OR THE SOFTWARE, BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF ANY GAMES OFFERED BY BETFAIR EXCHANGE OR THE SOFTWARE. THIS DISCLAIMER AND LIMITATION APPLIES REGARDLESS OF THE CAUSE OR NATURE OF THE LOSSES OR DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS (WHETHER DIRECT OR INDIRECT), INTERRUPTIONS, LOSS OF DATA, INACCURATE RESULTS, OR DELAYS, HOWEVER ARISING AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF THE SERVICE PROVIDERS RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT THE NOMINAL FEE, IF ANY, REFLECTS THIS ALLOCATION OF RISK. 11.4 ANY ALLOWABLE CLAIM, IF ANY, WHICH YOU MAY BRING AGAINST THE SERVICE PROVIDERS MUST BE BROUGHT NO LATER THAN SIXTY DAYS AFTER THE DATE OF THE EVENT GIVING RISE TO THE CLAIM, AND YOU HEREBY WAIVE ANY RIGHT TO BRING ANY CLAIM NOT BROUGHT WITHIN SUCH PERIOD. 11.5 IF YOU ARE USING ANY THIRD PARTY EQUIPMENT, SOFTWARE OR SERVICES (COLLECTIVELY, THE "THIRD PARTY GOODS/SERVICES") IN CONNECTION WITH YOUR USE OF ANY GAMES OFFERED BY BETFAIR EXCHANGE GAMING OR THE SOFTWARE, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SUCH THIRD PARTY GOODS/SERVICES RESTS WITH YOU. SHOULD SUCH THIRD PARTY GOODS/SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. 11.6 NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR DEATH NOR FOR REPRESENTATIONS MADE FRAUDULENTLY. 12 INDEMNITY 12.1 You shall defend, indemnify, and hold the Service Providers, their parents, subsidiaries, partners (including anyone else involved in creating, producing or delivering Betfair Exchange Gaming or the Software), affiliates, directors, officers, employees, and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses, including legal fees, resulting from, arising out of, or in any way connected with: your misuse of Betfair Exchange Gaming or the Software, any breach of this Agreement by you, your acts or omissions, the enforcement or protection or clarification of the Service Providers' rights under this Agreement, the processing, reversal or adjustment by any transaction and for any failure by the Service Providers and/or delays (however caused) incurred in the processing, reversal or adjustment of any transaction. 13 HELP AVAILABILITY 13.1 Betfair Games shall use reasonable commercial efforts to ensure that the portion of the Help Services which are typically provided off-line shall be available Monday through Friday, between 9:00 am and 5:00 pm GMT. 14 GENERAL MATTERS 14.1 The relationship between you and the Service Providers under this Agreement shall not at any time be construed as a partnership, joint venture, trust arrangement, agency or fiduciary relationship of any kind. Nothing in this Agreement shall be construed so as to grant you any security interest whatsoever in the assets of Betfair Games or Betfair. 14.2 If you are importing the Software (or any part of it) from another jurisdiction, you agree to indemnify, defend and hold the Service Providers harmless from and against any import and/or export duties and/or other costs and expenses arising from such importation. 14.3 The rights and obligations under this Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods and/or any local implementing legislation, the application of which is expressly excluded. 14.4 You permit the Service Providers to audit your compliance with this Agreement, as the Service Providers deem necessary in their sole discretion at any time for any reason. 14.5 You will send all communications required in connection with any matter relating to this Agreement and/or any services provided hereunder by the Service Providers by regular mail to the address below, or by electronic mail to the email address below. Any such communication shall be deemed to have been received by applicable Service Provider upon actual receipt thereof. Betfair Games Cornerstone Complex 16th September square Mosta Malta MST03 Email: customerservicesteam@betfair.com TSE (Developments) Ltd Customer Services Distillery Road Hammersmith, Embankment London W6 9HP, United Kingdom Email: customerservicesteam@betfair.com 14.6 The terms and conditions of this Agreement that by their sense and context are intended to survive after performance hereunder shall survive the termination or expiration of this Agreement. 14.7 Any provision of this Agreement that is invalid, illegal or unenforceable in any jurisdiction will be ineffective in that particular jurisdiction, without affecting the validity, legality or enforceability of that provision in other jurisdictions, or invalidating the remaining provisions of this Agreement. 14.8 This Agreement constitutes the entire agreement between you and the Service Providers, and supersedes any prior understandings, representations (other than those made fraudulently), agreements or commitments, whether written or oral between you and those parties. 14.9 If the Service Providers need to contact you or give you formal notice under this Agreement they will make such contact or give notice by any reasonable means in the circumstances based on the information that they hold about you or that you have provided them with. Such contact or notice may be by email, letter, fax, other electronic communication or otherwise. If the Service Provider uses the details that it holds on you to serve notice then you will be deemed to have received the notice within a reasonable time after the Service Provider sends it. You agree that you will notify the Service Providers if your contact details change. 14.10 The Service Providers shall not be liable to you for any failure to comply with their obligations under this Agreement to the extent that such failure is beyond their reasonable control. 14.11 You may not assign this Agreement to any third party without the Service Providers prior written consent. Subject to that restriction, this Agreement will be binding on and inure to the benefit of, each of the parties respective successors and assigns. The Service Providers may assign, transfer or novate any or all of their rights and obligations under this Agreement to any third party at any time with or without notice to you. 14.12 The original text of this Agreement is in English and any interpretation of this Agreement will be based on the original English text. If this Agreement or any documents or notices related to it are translated into any other language, the original English version will prevail. 15 LAW & JURISDICTION 15.1 This Agreement shall be governed by the laws of Malta as are in force from time to time. By accepting this Agreement, you agree to submit to the exclusive jurisdiction of the location that the relevant Service Provider determines in its sole discretion in respect of any disputes arising out of, or connected with, this Agreement. Nothing in this paragraph shall prevent the Service Providers from applying to the courts of any jurisdiction for such provisional or protective measures as are available under the laws of that jurisdiction. I Agree \| Printable Version
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