Terms & Conditions
HARMONY PARK INTERNATIONAL INC IS FULLY LICENSED AND REGULATED IN THE PHILIPPINES TO PROVIDE ONLINE SPORTSBOOK WAGERING AND CASINO GAMBLING SERVICES.
1.1. The following provisions define the terms and conditions that govern your use of any services provided by, Harmony Park International Inc. (collectively referred to as the "Provider", "we", "our", "its" or "us" as the context requires) from time to time on and/or through the website at www.M88.com, any other website operated by the Provider (the "Website(s)"), and any Software (the "Service(s)"). These provisions are intended to be read in conjunction with the specific game play rules and the general betting rules (collectively, the "House Betting Rules") where applicable, and any other terms and conditions governing the use of the Services, Software and access to the Website(s) and the Information comprised therein (collectively these "Terms and Conditions").
1.2. "Application" means Software installed on Device(s) running Apple iOS and Android OS Operating Systems (including any upgrades from time to time).
"Betting" or "bet(s)" for the purpose of these Terms and Conditions include, without limitation, wagering, gaming and gambling conducted in relation to any and/or all of the Service(s) offered on the Website(s);
"Device(s)" mean any application access devices, including but not limited to personal computers, laptops, mobile phones, personal digital assistants, PDA phones, mobile devices, and Apple iOS and Android OS devices employed for the use of and access to the Website(s) and participation in the Services;
"Player Account" means one personal single account pertaining to one domestic household address, opened by an individual and maintained with us to enable that person to take part in Betting;
"Software" means any software, computer programme, data file or any other content (including any user information relating to the foregoing) including any Application that is provided by the Provider and required to be installed on your Device in order to enable you to use, access and participate in the Services through your Device; and
"Sportsbook" means the internet gaming system accessible and/or offered at the part of the Website entitled "Sportsbook", and all related services and online gaming activities thereto.
By (i) clicking on the relevant "SIGN UP!" button AND
- you have read, fully understood and accepted these Terms and Conditions;
- accept the policies and practices outlined in the Cookies Policy as referred to herein; and
- these Terms and conditions constitute a legally binding agreement (the "Agreement") between you and the Provider regarding the use of the Services.
If you do not agree with any of the terms of these Terms and Conditions, please do NOT
click the "SIGN UP!" button or the said verification box, and do not attempt to use or continue using any of the Services or download and/or install the Software.
3.1. The Provider reserves the sole right to amend, update and modify these Terms and Conditions and the House Betting Rules (or any part thereof) from time to time and any such amendment, update or modification will be published on the Website(s). The amended, updated or modified Terms and Conditions and the House Betting Rules shall be effective upon publication on the Website(s). Continued use of, access to and participation in the Services on or through the Provider's Website(s) and Device(s) after such publication constitute your acceptance to the modified or updated Terms and Conditions and the House Betting Rules as published from time to time.
3.2. You acknowledge and agree that it is your sole responsibility to check for any such amendments, updates and/or modifications. The Provider may, in its sole discretion, notify you of such updates and modifications. Such notification, as may be provided by the Provider in its sole discretion from time to time, shall not constitute an obligation upon the Provider to notify you of such amendments, updates or modifications.
4. Information and Intellectual Property
4.1. The information, material and data provided or made available to you on or generated and/or collected by the Website(s), Services and/or through the Device(s) and/or in any other form including, without limitation, marketing programmes and materials, results, statistics, sporting data and fixture lists, odds and betting figures, text, graphics, video and audio content and such other information provided by the Provider (collectively the "Information"), shall belong to the Provider, its transferees or assigns, its licensors and/or such relevant parties and are licensed to you for your personal and non-commercial use only.
4.2. Save as expressly provided by these Terms and Conditions, you may not in any way or by any means adapt, copy, modify, reproduce, store, distribute, display, publicly perform, include in a cable programme, publish, transmit, sell, rent, lease or license or otherwise make the Information available to any other person, or on another website, online service or bulletin board, or on any other media and/or Device without the Provider's express prior written consent or in the case of third party material, without the prior written consent of the owner of the proprietary rights in such material.
4.3. The Software, Services and the Information provided on the Website(s) and/or through Device(s) are protected by copyright, trademarks and other forms of intellectual and proprietary rights. All rights, title and interest in and to the Software, Services and Information on the Website(s) are owned by, licensed to and/or controlled by the Provider and/or its licensors. You acknowledge that you do not acquire any rights or interests, or any licences to the Software (other than that expressly provided for under this Agreement (see Clause 9.2)), Services and the Information through your use of and access to the foregoing provided on the Website(s) and/or through any Device(s).
5. Conditions of Use
As a condition of use of the Services, you warrant and undertake that you shall not use or access the Website(s), Services, Software and/or the Information for any purpose that is unlawful under any law that is applicable to you or that is prohibited by and/or in breach of these Terms and Conditions. Residents of the following countries and their territories shall not be allowed to partake in betting and/or gambling activities: Philippines, Taiwan, the United States of America, Singapore, Hong Kong, United Kingdom, France, Guadeloupe, Guyana, Martinique and Reunion. In addition, Singapore law prohibits the provision of the Website(s), Services and/or Software to residents of and users physically present in the territory of Singapore and all such residents and users shall be blocked from accessing the Website(s) in their entirety. In particular (and in addition to all other representations and warranties set out in these Terms and Conditions), you warrant and undertake as a condition of your use of the Services:
- that you will not be physically present in the abovementioned territories when using or accessing the Website(s), Services and/or Software;
- that you are acting on your own behalf and in your own personal capacity and not on behalf of another person;
- that you are not restricted by limited legal capacity to enter into contracts;
- that you are not diagnosed or classified as a compulsive gambler or have had a prior Player Account with the Provider terminated;
- that you are either of: (a) 18 years of age; or (b) any such other legal age or age of majority as determined by any laws applicable to you, whichever age is greater (the "Legal Age");
- that you are fully aware of the risk of losing money in the course of using the Services;
- that you are not depositing money which originates from criminal or other illegal or unauthorised activities under the laws of any relevant jurisdiction;
- that you are not conducting criminal or otherwise unlawful or unauthorised activities and/or intending to use your Player Account opened with the Provider in connection with such activities and that you shall not use or allow other persons to use the Services and your Player Account for any criminal or otherwise unlawful activities including, without limitation, money laundering, under any law applicable to you or the Provider;
- to keep your username, Player Account number and password secure, confidential and protected against unauthorised access or use and to ensure that you change your password immediately or notify the Provider immediately if the confidentiality of your username, password or Player Account number has been compromised in any way. The Provider shall not be liable for any claims in the event that your username, Player Account number and password have been disclosed to a third party (whether deliberate or accidental);
- to be solely responsible for any and all activities that occur under the access to and use of the Services on and through the Website(s) and/or Device(s) under your username, Player Account number and password regardless of whether such access and/or use was authorised by or known to you or not;
- not to use the Services, Website(s), Device(s), Software or the Information in any way which interferes or may interfere with the availability of the Services and the Website(s) to other users nor do anything that degrades or may degrade the operational performance of the Services and Website(s);
- not to solicit or in any manner seek to obtain any information relating to other users;
- not to upload or distribute any program, file or data that contain viruses, are corrupted and/or may affect the operational performance of the Device(s), Software, Services and/or Website(s);
- that your access to or use of the Services and Information on and through the Website(s) and/or the Device(s) is not illegal or prohibited by laws that are applicable to you or contractual obligations which apply to you personally or to persons in the country from which you are currently accessing the Website(s) or using the Device(s);
- not to use any device, robot, spider, software, routine or other method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the normal proper functioning of the Services, Device(s), Software, Website(s), Information or any transactions offered at the Website(s) and/or through the Device(s);
- not to post or transmit to the Website(s) and/or to the Device(s) or to any other users, any material which is or is likely to be considered as (as determined by the Provider in its sole discretion) harassing, abusive, offensive, threatening, libellous, defamatory, obscene, indecent, inflammatory, or a racist, sexist or otherwise discriminatory nature, hateful, pornographic or profane, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any applicable law;
- that you are not an officer, director, employee, consultant, affiliate or agent of the Provider or any company related to the Provider, or a relative or housemate of any of the foregoing;
- not to interfere with other users' use of the Services, Website(s), Software, Device(s) and/or Information or initiate and/or engage in surveys, contests, chain letters or post/transmit "junk mail", "spam" or any unsolicited mass dissemination of email or messages;
- that you acknowledge that Provider's Random Number Generator ("RNG") will determine the outcome of the games played on the Website(s) and you accept the outcomes of all such games. You further agree that in the unlikely event of a disagreement between the result that appears on the Software and the game server, the result that appears on the game server will prevail and you acknowledge and agree that our records will be the final authority in determining the terms and circumstances of your participation in the gaming activity;
- that you agree that the Provider or a payment processing company on the Provider's behalf will handle all financial account transactions ("Payment Processor"). You hereby agree that the Payment Processor reserves the right to withhold any payments should the Payment Processor have reason to believe or have any suspicion that you may be engaging in or have engaged in any fraudulent, unlawful, or improper activity;
- that you accept that you are solely responsible for the supply and maintenance of all of the Device(s), computer equipment and telecommunications networks and internet access services that you need to use in order to access the Services. The Provider will not be liable in any way whatsoever for any loss caused to you by the internet or any telecommunication service provider which you have engaged in order to access to Services or to Website(s);
- that you will not commit any acts or display any conduct that damages the Provider's reputation or its software provider or any other related service providers;
- that all details which you give or have given in the process of registering with for use of the Services are accurate and that you will continue to update such details should there be any changes;
- that you are not colluding or attempting to collude or intending to participate, directly or indirectly, in any collusion scheme with any other player in the course of any Betting;
- that the debit/credit card details supplied by you in the registration process are those of the registered account holder and the card has not been reported as lost or stolen;
- that you have not previously held a Player Account which was suspended or terminated either by the Provider or by any other online gaming operator, charged back any monies via a Player Account or maintains a current Player Account; and
- by opening the Player Account you will not provide any information or make any statement to the Provider which is untrue, false, incorrect or misleading.
It may be an offence for persons under the Legal Age to make use of the Services, Website(s), and Software provided by the Provider. If the Provider is unable to confirm that you are of the Legal Age, the Provider reserves its right to close your Player Account and take such further action as it deems fit.
6. Mobile Applications
The following provisions shall apply when the Services are accessed through mobile Device(s):
- The Provider currently provides its mobile Services through the Application for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
- The Application allows you to access certain functionality available on the Website(s). Such access will be governed by these Terms and Conditions.
- You acknowledge that the terms of agreement with your respective mobile network provider ('Mobile Provider') will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
- If you are not the bill payer for the mobile Device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
- This Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. The Provider will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside the Provider's reasonable control.
- The Provider, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
- The Provider will not be responsible for any support or maintenance for the Application.
- In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').
- The Software Requirements are as follows: Apple iOS devices running iOS 4 or iOS 5, and Android OS devices running Android OS 2.1 up to OS 2.3; Language: English, Italian, German, Spanish, French.
- The version of the Application may be upgraded from time to time to add support for new functions and services.
7. Registration and Opening Your Player Account and Membership
In order to play and bet with the Provider and to use the Services, you must complete the application for Player Account opening and membership in the manner set out on the Website(s) or the Application (the "Membership Application
You warrant, represent and undertake that all information supplied by you when registering and completing the Membership Application is accurate, true and complete in all respects including, your name on the Membership Application ("Name
"), sources of funds (including the relevant bank accounts and card numbers) and residential address.7.3.
It is your sole responsibility to ensure that the laws applicable to you do not prohibit you from using and accessing the Website(s) and the Information contained therein, downloading and installing the Software and/or using and participating in the Services.7.5.
The Provider requires further evidence of identification and age from you to verify your Membership Application (e.g. a notarised identification and debit/credit card). If there is any change to your information details as originally supplied by you, you shall notify the Provider of the relevant change without delay. In order to confirm your Name and address, the Provider reserves the right, inter alia, to confirm your Name and address by post. The Provider may, at its discretion (or as required by the relevant regulatory bodies), undertake additional security checks against any information that you provide. By agreeing to these Terms and Conditions you give consent for the Provider to access, use, process, and store the results of any identification verification or checks that may be made against you.7.6.
The Provider reserves the right to reject your Membership Application without reference to you or assigning any reason whatsoever.7.7.
Please note that:
- Only the sites displayed on the Provider's livechat or announcement pages, are deemed to belong to the Provider. The Provider will not be held responsible for its members accessing any other phishing sites that resembles or is the same as its Website(s). Please contact the Provider's customer service if there are any doubts.
- No email from the Provider will contain a hyperlink to its logon page or to a webpage which directly solicits your personal information including your password.
- The Provider will never ask you to reveal your password, PIN or Security Code over the phone or via email.
You are only allowed to open one Player Account with the Provider. Should the Provider discover that you have more than one Player Account with the Provider, the Provider reserves the right, at its sole discretion, to treat all Player Accounts that you have with the Provider as a single joint Player Account, void all winnings and refund all deposits (less amounts in respect of void winnings), terminate the additional Player Account(s) and/or to terminate this Agreement with you.7.9.
The Provider shall be entitled, in its discretion, to deduct a monthly fee ("Administrative Fee
") from any Player Account which: (1) has any monies in such Player Account; and (2) has not been utilised by the Player for a period of six months or more (a "Dormant Account
"). The amount of the Administrative Fee will be the sum of US$5.00 or the equivalent amount in such other currency as may be determined by the Provider in its sole discretion. The Administrative Fee shall be deducted from the Dormant Account on a monthly basis by the Provider and such deduction shall commence on the first calendar day of the month immediately following the month in which a Player Account becomes a Dormant Account. In the event that the monies in the Dormant Account are less than the amount of the Administrative Fee, then all monies in such Dormant Account shall be deducted as payment for the Administrative Fee. The Provider shall be entitled to continue deducting the Administrative Fee on a monthly basis from any Dormant Account until there are no monies remaining in such Dormant Account. A Player Account ceases to be a Dormant Account once such Dormant Account becomes utilised by the Player.
For the purposes of this Clause 7.9
, the word "utilise" shall mean any wagering activity, deposit activity, or withdrawal activity carried out in relation to a Player Account or a Dormant Account; and the word "utilised" shall be construed accordingly.
8. Placement of Bets and Bet Acceptance Procedure
The Provider accepts bets for games, sporting and other events that are advertised on the Website(s) and/or through the Device(s) from time to time. All such bets are subject to the relevant House Betting Rules applicable to each event or game, and to these Terms and Conditions. If a manifest error or mistake occurs or an incorrect participant is quoted for any event, all bets placed on that event shall be void. In the event of any malfunction to the Provider's gaming system, the Provider reserves the right to void any and all bets placed.8.2.
Notwithstanding any other provision in these Terms and Conditions, the Provider reserves the right, in its absolute discretion, to decline all, or part, of any bet placed without providing any reason whatsoever.8.3.
The Provider only accepts bets made through the internet and/or Device(s) in compliance with these Terms and Conditions. Bets are not accepted in any other form (whether by post, email, fax or otherwise) and where received will be void regardless of the outcome.
- The Provider reserves the right to suspend and/or close a customer's Player Account at any time if the Provider believes that you have breached any of these Terms and Conditions or any other applicable rules or have acted in a manner of cheating, hacking, attacking, manipulating or damaging the normal betting spirit. Any winnings and/or payouts including balances in the Player Account shall be deemed forfeited and invalid. You acknowledge that the Provider does not have to give you prior notice of any such termination.
- Any forms of "abnormal bets" including the use of artificial intelligence, software programs and/or "bots" on the Internet will be VOID without prior notification. Any attempt or actual usage of such methods of betting by members or will lead to termination of their Player Account.
Subject to the other provisions herein, bets will be validly placed if your username and password have been entered correctly, subject always to there being sufficient available funds in your Player Account.8.5.
You are responsible and liable for all activities and transactions that take place through the use of any of the following (or any combination thereof):
- your name;
- your Player Account number;
- your username and password; regardless of whether the use of the foregoing was authorised by you or not.
You should refer to our Responsible Gaming provisions to ensure that underage persons are not allowed and indeed prevented from having access to the above information and /or your debit/credit card details so as to enable them to play for real with the Provider.
- We shall presume that you have complied at all times with the provisions of this Clause 8.5A and that all play for real from your Player Account is by you and not by a minor.
- Should you be aware of any such instance of play by a minor with your account, you should report the same to your local police force and obtain a written report from them and case file reference number or equivalent and then forward the same to the Provider where it will report the same to its regulator and deal with the matter in accordance with Philippine legislation.
It is your sole responsibility to ensure that the details of your bets are correct. Subject to other provisions herein, once your bets have been placed and their acceptance confirmed by the Provider, they may not be cancelled, revoked or changed and shall be deemed to be conclusive evidence in respect of the bets that you have placed. 8.7.
Please note that all bets are logged and recorded in the transaction log database. The Provider's transaction logs are conclusive evidence of all transactions and times at which the transactions are placed.8.8.
Subject to the other provisions herein, bets will be deemed valid and accepted by the Provider when a transaction ID is displayed on your screen and duly reflected in your transaction history.8.9.
No betting is permitted after the commencement of an event and/or where the outcome of an event is known at the time of placement of your bet. If any event is erroneously left open for betting after the commencement of the event and/or where the outcome of an event is known, the Provider reserves the right to decline or void such bets placed without reference to you. Acceptance of any bet or any part thereof shall be at the sole discretion of the Provider. For the avoidance of doubt, this Clause 8.9
does not prohibit "in play" or "half time" bets.8.10.
Advertised start times of the events displayed on the Website(s) are for information purposes only. If for any reason a bet is inadvertently accepted by the Provider after an event or match has commenced, the Provider reserves the right to cancel and void such bet.8.11.
Unless stated otherwise within the rules for each sport or event, the result of a match or event will be determined on the day of its conclusion for betting purposes. Any subsequent enquiry that may result in an overturned decision will not be recognised by the Provider, and original settlement of bets will stand.8.12.
If the venue for a sporting event is changed, all bets placed based on the original venue will be void.8.13.
The winner of an event or game will be determined on the date of the event's conclusion according to the House Betting Rules.8.14.
The Provider does not recognise suspended games, protests or overturned decisions for betting purposes.8.15.
Should you include a non-runner or void selection in a multiple bet, the bet will be settled on the remaining valid selections only.8.16.
You acknowledge that any and all odds, lines and handicaps are subject to fluctuation without notice, and the foregoing will become fixed only at the time of acceptance of the bet by us.8.17.
Where a manifest error, mistake or system failure results in an incorrect odd, line or handicap taken in a bet, the bet, or that part of the bet if it is a multiple bet/parlay will be void. Provided the error, mistake or failure is rectified in time, the Provider may in its absolute discretion (but not shall not be obliged to) make reasonable efforts to contact you to allow the choice of placing another bet at the correct odds, lines and handicaps.8.18.
The Provider will not accept any simultaneously placed bets on one event from you.8.19.
In respect of any bet and the associated transactions therewith, the decision of the Provider is final and conclusive.8.20.
You acknowledge that the RNG will determine the shuffling and dealing of cards, the outcome of the casino games and other randomly generated events that are part of our Services and that you agree to accept such shuffling and dealing of cards and the outcomes of the casino games and other randomly generated events performed by the RNG, are final and conclusive.
9. Software Licence
You hereby acknowledge and agree that the Software made accessible to you (by download or otherwise) for your remote use on the Website(s) or through your Device is part of the Services and is the property of the Provider and/or its licensor, and that you do not gain any rights to such Software whatsoever. You may not in any way or by any means adapt, copy, modify, reproduce, store, distribute, display, publicly perform, broadcast, include in a cable programme, publish, transmit, sell, rent, lease or license or otherwise communicate or make available such Software to any other person, or on another website, online service or bulletin board, or on any other media and/or device.9.2.
The Provider hereby grants to you a personal, non-exclusive, non-transferable and revocable licence to install and use the Software on your Device(s) (the "Licence") PROVIDED THAT such installation and use is made through a Device(s) of which you are the primary user.9.3.
The Software is licensed and distributed by the Provider solely for the purpose of enabling end users of the Software to fully access and utilise the Services.9.4.
You will not, nor allow third parties on your behalf to:
- install or load the Software onto a server of other networked device or take other steps to make the Software available via any form or bulletin board, online service or remote dial-in, or network to any other person;
- distribute, rent, lease, sub-licence, copy, transfer, assign or otherwise make available the Software and/or the License to use the Software to any other person;
- allow any other person to use the Software;
- create or provide any means (including, without limitation, via emulators) through which the Software may be used by others;
- translate, reverse engineer, decompile, disassemble, modify, discover, create derivative works based on the whole or part of the Software and/or the source code of the Software;
- copy, modify, translate or create any derivative works based on the whole or any part of the user documentation concerning the Software; or
- enter, access or attempt to enter or access or otherwise bypass the Provider's security system or interfere in any way (including but not limited to, robots and similar devices) with the Services or the Website(s) or attempt to make any changes to the Software and/or any features or components thereof.
You acknowledge and agree that the Software and the Software user documentation provided on the Website(s) and/or through Device(s) or otherwise, are owned by the Provider and/or its licensors and are protected by copyrights, trademark rights and other forms of intellectual and proprietary rights. You hereby acknowledge that the structure, organisation and source code of the Software are the valuable trade secrets of the Provider and its licensors. You acknowledge that save for the rights granted to you in accordance with the Licence, you do not acquire any rights or interests whatsoever in the Software and/or the Software user documentation.9.6.
Upon the termination of this Agreement for whatever reason, the Licence issued under this Agreement is automatically revoked and you shall stop using the Software and uninstall the Software from your Device(s).9.7.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THE PROVIDER HEREBY EXCLUDES ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE). THE PROVIDER DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. 9.8.
THE PROVIDER DOES NOT WARRANT THAT THE SOFTWARE WILL BE NON-INFRINGING OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVERS ARE VIRUS-FREE. IN THE EVENT OF COMMUNICATIONS OR SYSTEM ERRORS OCCURRING IN CONNECTION WITH THE SETTLEMENT OF ACCOUNTS OR OTHER FEATURES OR COMPONENTS OF THE SOFTWARE NEITHER US NOR THE PROVIDER'S SOFTWARE PROVIDER WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY COSTS, EXPENSES, LOSSES OR CLAIMS ARISING RESULTING FROM SUCH ERRORS. THE PROVIDER FURTHER RESERVES THE RIGHT IN THE EVENT OF SUCH ERRORS TO REMOVE ALL RELEVANT GAMES FROM THE SOFTWARE AND THE WEBSITE AND TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS.9.9.
You hereby acknowledge that it is not in the Provider's control how the Software is used by you. You load and use the Software at your own risk and in no event shall the Provider be liable to you for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from our negligence). 9.10.
The Software may include confidential information which is secret and valuable to the software provider and/or the Provider. You are not entitled to use or disclose that confidential information other than strictly in accordance with the Terms and Conditions.9.11.
The Provider only allows access to the Services through secured networks using encryption of the username and password. You cannot play and bet without passing the Provider's customer security login.9.12.
You may not use the Services for any commercial use or on behalf of another person. Any use of the Services by you is for own private purposes only. 9.13.
You will not allow any third party to use your Player Account to use the Services and you will not use any other person's Player Account or means of payment to access the Services or the Website(s) or the Software It is your responsibility to ensure that you understand the rules and procedures of the games provided as part of the Services and your use of online gaming in general before you play any such games. 9.14.
The Provider is using the best methods available today for the encryption of the username and password information, and any other sensitive information transferred to and from the client application and its servers, thus securing yourself and the Provider against manipulation attempts by a third party. You will not break in, access or attempt to break in or access or otherwise by-pass our security. If the Provider has a suspicion that you have attempted to or may be attempting to break in, access or otherwise by-pass our security or the Software, the Provider will be entitled to terminate with immediate effect your access to the Services and/or have your account blocked, and the Provider reserves the right to inform the applicable authorities.
10. Settlement of Transactions
When using a credit or debit card, the cardholder's name must be the same as the Name. The Provider reserves the right not to settle a transaction in the event of discrepancies between the cardholder's name and the Name.10.2.
You are fully responsible for paying all monies owed to the Provider and/or other players (as the case may be). In respect of any payment made by you, you agree that you will not make or procure the making of any charge-backs and/or deny or reverse any such payment, and that you will reimburse the Provider for any charge-backs, denials or reversal of payments as well as any and all losses suffered and expenses incurred by the Provider as a consequence thereof. The Provider may, at its sole and absolute discretion, cease to provide services or payment to certain users or to users paying with certain credit or debit cards.10.3.
The maximum winnings payable by the Provider to any member for any:
- Sportsbook bet placed with the Provider shall be limited to USD180,000 (or equivalent) per payout or the maximum payout by the individual bet types whichever is lower; and
- Any other bet placed with the Provider shall be limited to USD600,000 (or equivalent) per payout or the maximum payout by the individual bet types whichever is lower.
Your winnings are exclusive of the bet amount and this should be considered when placing your bet.10.5.
All your winnings will be credited to your Player Account. The Provider shall not in any way be responsible or liable to you for any funds/winnings credited to a Player Account in error, and the Provider reserves the right to void any transactions involving such funds, either at the time or retrospectively. Should funds be credited to your Player Account in error, it is your responsibility to inform the Provider without delay.10.6.
Payment of any taxes, fees, charges or levies that may apply to your winnings under any applicable laws shall be your sole responsibility.
11. Funds paid to the Provider not held as a Fiduciary of Trustee
11.1. As a condition of being allowed from time to time, to place bets for games, sporting and other events that are advertised on the Website(s) and/or through the Device(s) with the Provider pursuant to these Terms and Conditions ("Transactions"), you hereby acknowledge and agree that by entering into the Transactions, the payment of any funds by you to the Provider does not create any fiduciary relationship between the parties and in particular such funds are not held by the Provider as fiduciary or trustee to you or on your behalf nor does it create any fiduciary obligations of any nature on the part of the Provider to you, save that such a payment by you shall create a duty on the part of the Provider to account for such money by way of a debt owing from the Provider to you, always subject to, and in accordance with the provisions contained in these Terms and Conditions and the Provider's Withdrawal Procedures.
12. Collection of Winnings
12.1. Your winnings from settled bets are credited to your Player Account and shall be withdrawn in accordance with the Provider's Withdrawal Procedures and upon provision of a copy of valid photographic identification and/or credit/debit card to the Provider's satisfaction.
12.2. Where your card issuer allows, your winnings may be credited to the credit or debit card account which was used for the original placement of the deposit. A cheque or bank wire will only be issued in the Name, and where a deposit has been made by credit or debit card this must also be the same as the name of the registered cardholder.
12.3. A turnover of at least 1 time on the value of deposit needs to be reached before a withdrawal can be requested. The Provider reserves the right to make a charge to your Player Account to cover all reasonable cost relating to both the deposit and withdrawal.
12.4. All bank charges that the Provider incurs arising from or in connection with any of your betting transactions shall be borne and reimbursed by you and the Provider shall be entitled to deduct and offset the foregoing from the winnings payable to you or from your Player Account, as the case may be.
12.5. The Provider will use its reasonable endeavours to release a player's funds using their preferred method. However, where necessary to comply with local laws, regulations and to ensure both parties' security, the Provider reserves the right to release a player's winnings using the most appropriate payment method determined at the Provider's absolute discretion.
13. Promotions and Bonuses
13.1. All promotions, bonuses or special offers are subjected to these Terms and Conditions and any promotion-specific terms and conditions that the Provider may introduce from time to time in conjunction therewith. The Provider reserves the right, to suspend, withdraw or modify such bonuses or promotions and/or the specific terms and conditions governing the same at any time.
13.2. In the event that the Provider believes a user is abusing or attempting to abuse a bonus or other promotion, or is likely to benefit through such abuse, then the Provider may, at its sole discretion, block, deny, suspend, withhold or withdraw any user from any bonus or promotion in such manner it deems fit. The Provider shall act in good faith to determine if there was actual or attempted abuse, including but not limited to more than one promotional claim per household (as per Clause 13.5 below) , attempts to tamper with the entry process, the operation of the promotion, or violation of the rules for the promotion.
13.3. Please note that when you transfer your winnings your bonus will be removed from your Player Account.
13.4. Every effort will be made to credit your Player Account with any promotional points within one business day. Promotion bonuses that are earned over a time period such as weekend or monthly bonuses will be awarded within one business day after the end of that time period i.e. on the Monday after the weekend or on the 1st business day of the following month.
13.5. All promotions can only be claimed once per person, household, family, household address, email address, credit card number, or shared computer environment such as a library, workplace, fraternity, university or school.
13.6. Unless specifically stated otherwise no two promotions can be used in combination and promotions only apply to deposits and wagers on the Software and Website(s).
13.7. The Provider reserves the right to void any or all bets made by any individual/group of people acting in liaison/collusion and attempts of fraudulent. These include persons, relatives, organizations, bookmakers and their employees. The monies in such Player Accounts will be confiscated immediately.
13.8. Bonus programs are intended for recreational players only. Any professional players or players considered, in the Provider's sole discretion, to be abusing the bonus system by any means, may have their bonuses revoked and be subject to further sanctions. Bonus abuse may be defined as (but not restricted to) clients cashing out for the purpose of re-depositing, or referring new Player Accounts that they are using themselves. Sanctions may be in the form of increased rollover requirements or loss of bonus privileges altogether for the offending Player Account as well as any linked Player Accounts. The Provider reserves the right to restrict eligibility for special offers and bonuses when necessary. This includes (but is not limited to) placing geographic restrictions on match bonuses due to bonus abuse.
14.1. You agree to fully indemnify the Provider, its shareholders, employees, officers, directors, licensees, distributors, affiliates, subsidiaries, agents for any loss, damage or claim (including reasonable legal fees) that may be incurred as a result, or in consequence of, your access to the Website(s), downloading or installation of the Software, betting and/or other use of the Services, Software and/or Information, and/or by reason of any breach of any of these Terms and Conditions and/or the House Betting Rules.
15. Disclaimers and Specific Warnings
15.1. Betting is entirely at your sole option, judgement, discretion and risk. By doing so, you acknowledge that you do not find the Services, Website(s) and Information to be offensive, objectionable, unfair or indecent. Some jurisdictions have not addressed the legality of online and/or offshore online gambling while others have specifically made online (within the jurisdiction and/or offshore) gambling illegal. We do not intend that anyone should use and access the Website(s), Information and/or the Services where such use or access is illegal. The availability of the Services, Information and the Website(s) should not be construed as an offer, solicitation or invitation by us to use or access the foregoing in any country in which such use or access is illegal. Compliance with any laws applicable to you is entirely your own responsibility and the Provider makes no representation whatsoever that the Services, Software, Website(s) or the Information therein comply with any laws applicable to you.
15.2. The Services, Software, Website(s) or the Information are provided on an "as is" basis. Save as expressly provided in these Terms and Conditions, the Provider makes no representation or warranty of any kind in respect of the Services, Website(s), Software and the Information contained therein. To the maximum extent permitted by law, any representation or warranty, whether express or implied, statutory or otherwise in respect of the Services, Software, Website(s) and Information is hereby excluded. The Provider does not warrant that the Services, Software, Website(s) or the Information will be accurate, timely, secure, free of interruptions or errors or external interference of any nature, or that any identified defect will be corrected. The Provider does not warrant that the Services, Software, the Website(s), the Information or servers that make them available are free of computer viruses, spyware, adware or other malicious, destructive or corrupting code, program, data or macro or any other features that may affect any Device(s) and/or data contained within. You undertake to take your own precautions (at your own expense) to ensure that the processes, measures and/or Device(s) which you employ for using or accessing the Services, installation of the Software and using the Website(s) do not expose you to the risk of computer viruses, spyware, adware or other malicious, destructive or corrupting computer code or other forms of interference or damage to your Device or data contained within.
15.3. In the event of any system or communication errors relating to Player Account settlement or any other elements of the Services, the Provider will not be liable to you as a result of any such error and the Provider reserves the right to void all bets affected by such error and take any action to correct such error.
15.4. The Provider shall in no event be responsible or liable for any damages, loss or expense, including any interference or damage to your Device(s) or data contained within, in connection with your access to, use of or participation in the Services, Website(s), Software and the Information. The Provider further fully disclaims any and all warranties, representations and responsibilities in respect of any aspect of the Services, Website(s), Software and the Information, which may be provided by third parties, including but not limited to broadband service providers and telecommunications service providers, and shall not on any account be liable for any default, breach or inaction of such third party partners.
15.5. The Provider, its related corporations, affiliates, partners, officers, employees and agents shall in no event be responsible or liable for any damages, loss or expense, including without limitation direct, indirect, consequential or special damage or economic loss arising from or in connection with your access or use of the Services, Website(s), Software and the Information, or your loading, installation or use of the Software regardless of whether the Provider has been advised of such a possibility or not. In any event to the maximum extent permitted by law, the Provider's total liability to you, if any, for any loss or damage (whether on the basis of contract, tort, strict liability or otherwise) relating to, or arising from, any and all matters, events or circumstances directly pertaining to any bet placed by you with the Provider, shall not exceed the amount of the respective bet placed by you.
15.6. You acknowledge that any part or all of the Information may be provisional in nature and may be subject to revision, change or modification, as provided in these Terms and Conditions. You therefore acknowledge that the Information is provided solely for reference and does not constitute advice or solicitation, and is not the subject of, and shall not constitute the basis of any binding representation, warranty, contractual obligation, or reliance on your part of any nature.
15.7. You hereby acknowledge and agree that all disclaimers and exclusions of liability contained in these Terms and Conditions represent a fair and reasonable allocation of the risks and benefits of the Agreement, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to the Provider. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.
15.8. If you have any dispute with regard to the result of any game or event, you must submit your written complaint to the Provider within fourteen (14) days from the date of the result of any game or event. In the unlikely event of a discrepancy between the result which appears on your Device and the results in the transaction logs in the Provider's system, you agree that the results in the Provider's system's transaction logs as certified by the Provider's Chief Technological Officer shall be the conclusive and irrefutable evidence of such results.
15.9. The Provider pledges to offer both fair and timely dispute resolutions and redress without undue cost or burden, or withholding detailed wager and transaction records of all its financial dealings. These records are archived for a period of five (5) years (from the date of the transaction) and are accessible to the dispute resolution authority upon request.
15.10. Inter-Player Transfers Prohibited. In accordance with the Provider's anti-money laundering policy and protocols, the Provider does not permit or condone money transfers between Player Accounts. Players found to be transferring money (including by way of so-called "poker chip dumping") may have the transfer reversed in the Provider's sole and absolute discretion. In such event, at the Provider's discretion, such Player Accounts may be closed and all Player Account balances (including both deposits and any winnings) may be forfeited.
15.11. Betting Syndicates. A player or group of players working together in any fashion (also known as a "syndicate"), to receive either bonus/winnings or activity bonuses or otherwise, may only have one Player Account in total, and any redundant Player Accounts will be consolidated into the one Player Account. An administration fee may be charged and payouts refused for each redundant Player Account, in the Provider's sole discretion. All wagering transactions in redundant Player Accounts are subject to reversal in the Provider's sole discretion. We also reserve the right to forfeit the principal of any wager placed in an attempt to defraud the house of any bonus monies, whether a player does this on their own or in collusion with other players or other sportsbooks.
16. Reservation of Rights, Termination, Player Account Closure or Service Suspension
In addition to other rights available to the Provider under this Agreement, the Provider reserves the right, in its sole discretion, to void any winnings and forfeit any balance in your Player Account, to terminate the Agreement and/or to suspend the provision of the Services/deactivate your Player Account if the Provider has the reasonable grounds to believe or establishes any of the following:
- you have more than one active Player Account with the Provider;
- your Name does not match the name on the credit or debit card(s) or other payment accounts used to make purchases and deposits with the Provider;
- you participate in a promotion by the Provider and withdraw before fulfilling the requirements of that particular promotion;
- you provide incorrect or misleading registration information;
- you have failed or neglected to provide the requested identification information;
- you are not of Legal Age;
- you access and participate in the Services from a jurisdiction where participation in the Services is prohibited by law;
- you have "charged back" or procured a "charge back" against us or denied any of the transactions or deposits that you made to your Player Account;
- you are depositing money originating from criminal or other illegal or unauthorised activities;
- you are found to be cheating or attempting to cheat or to have cheated anyone or any party, or if it is determined by the Provider that you have employed or made use of artificial intelligence or such other system (including machines, computers, software or other automated systems) designed specifically to defeat the Provider's system or you are found to have colluded or attempted to collude with other players in order to defraud the Provider (or other players as the case may be);
- you have allowed or permitted (intentionally or unintentionally) someone else to use your Player Account;
- you fail to comply with any of the Terms and Conditions set forth in this Agreement;
- the Provider should become aware that you have played at any other online gaming site under any of the circumstances set out at Clauses 16.1(i) to (xi) above; or
- you fail to disclose that you are located in Philippines, Taiwan, United States of America, Singapore, Hong Kong, United Kingdom, France, Guadeloupe, Guyana, Martinique and Reunion.
If the provision of the Services is suspended and/or your Player Account is deactivated in accordance with Clause 16.1
above, the provision of the Services will be only be reinstated and/or your Player Account will be reactivated after the necessary rectification (if capable of being rectified) action has been taken by you and such rectification has been verified to the Provider's full satisfaction.16.3.
When a Player Account is suspended or closed for any reason, the Provider reserves, at its sole discretion the right:
- to refuse to register any applicant for registration on the Website(s);
- to refuse to accept any wager;
- to change, suspend, remove, modify or add any game or tournament;
- to make inquiries on you, including credit checks, with third party credit and financial institutions, in accordance with the information you have provided the Provider with;
- in the event of any dispute regarding a wager or winnings, the Provider's decision will be final and binding, the right to reasonably withhold any pay out or winning amount until the identity of the winning person is verified to its satisfaction in order to ensure that payment of the winning amount is being made to the correct person;
- to reasonably withhold any pay out or winning amount until the identity of the winning person is verified to the Provider's satisfaction in order to ensure that payment of the winning amount is being made to the correct person. For this purpose, the Provider further reserves the right, at our sole discretion, to demand that you will provide the Provider with a notarized ID or any equivalent certified ID according to the applicable law of your jurisdiction;
- in the event that the Provider suspects fraud or fraudulent activity on your part or any of your payments are charged back, the Provider will have the right to withhold any pay-out or winning amounts due to you and if necessary, to lawfully collect any payments owed by you. If playing in any of the live games, in any event of suspected card counting the Provider further reserves the right to withhold any withdrawal amount from your account which will be in excess of your original deposit.
You may close your Player Account at any time of your choosing and in such event the Provider will require confirmation of your request in writing (email, fax, letter but excluding chat or SMS) sent to the contact details listed on our Website(s) from time to time. The closure of your Player Account will be effected within 48 hours and any balance capable of withdrawal will be subject to our Withdrawal Procedures. You need to specifically inform the Provider's customer services and confirm the same in writing if for any reason you require an immediate closure of your Player Account. 16.5.
If you think you need a break from gambling, please contact the Provider's support team immediately and ask them to temporarily close your Player Account, specifying for how long you wish for your account to be closed: a seven day cooling off period; a one month cooling off period; a six month self-exclusion period; or longer as per your requirements. You will not be able to log in to your Player Account for the amount of time you specify.
17. Links to External Websites
17.1. The Website(s) may contain links to external websites outside the Website(s) which are not maintained by the Provider. Links to external websites are provided for your convenience only, and the Provider is not responsible for and does not undertake to ensure that contents of such links are accurate, current or maintained.
17.2. The Provider, is not responsible nor liable, has not provided or reviewed, does not approve or endorse, and makes no representations or warranties in respect of the contents or the privacy practices of the external websites, any products or services which may be advertised, sold or otherwise made available on such external websites.
17.3. The Provider shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use of any link to external websites provided on the Website(s).
17.4. Unless expressly provided the Provider shall under no circumstances be considered to be associated or affiliated with any statement, opinion, trade or service marks, logos, insignias or other devices appearing on external websites, or any products or services which may be advertised, sold or otherwise made available on external websites, or with the operators or owners of external websites or any person who may be related to any external websites in any manner whatsoever.
18. Links to the Website(s)/Framing of the Website(s)
18.1. You may not link or create any deep or in-line links to any part of the Website(s), Services or frame the Information.
19. Adding or Discontinuing Games
19.1. The Provider reserves the right to, without liability to any party, in its sole discretion and without notice to you, to add new games or functions to the Website(s) or to commence, cease, discontinue, restrict access to or modify any game or function at any time.
20. Violations of these Terms and Conditions
20.1. The Provider reserves the right to seek all remedies available at law and in equity in respect of any violation of these Terms and Conditions, including the right to deny or restrict access to the Services, Website(s) and Information to any particular person, or to block access from a particular Internet address or through any Device(s) to the Services, Website(s) and Information, at any time and at the Provider's sole and absolute discretion, without providing any reasons whatsoever.
21.1. The House Betting Rules, where applicable, and any other terms and conditions governing the use of and access to the Services, Software, Information and the Website(s) shall form an integral part of these Terms and Conditions.
21.2. In the event that there is any conflict between the provisions of the House Betting Rules and any other terms and conditions governing the use of and access to the Services, Software, Information and the Website(s) and these Terms and Conditions, unless expressly provided otherwise, these Terms and Conditions shall prevail.
22. Force Majeure
22.1. If the Provider fails or is in delay with the performance of any of its obligation under these Terms and Conditions due to the occurrence of events of whatever nature which are beyond the Provider's control, including, but not limited to any Act of God, changes in applicable laws or regulations, action or inaction of governmental, civil or military authority, court orders, act of terrorism, lightning or fire, strike, lockout or other labour dispute, flood, draught, war, riot, theft, transmission or system failures, failure or interruption in the provision of telecommunications or broadband services, failure or shortage of power supplies or equipment, inclement weather, earthquake and natural disasters ("Force Majeure Event"), such failure or delay does not constitute a breach of these Terms and Conditions. You agree to take all necessary action to minimise the consequences of any such cause.
22.2. The Provider's performance of any obligation is deemed to be suspended for the period that the Force Majeure Event continues, and it shall have an extension of time for the performance of such obligation for the duration of that period.
23.1. Failure by the Provider to enforce at any time any of the provisions hereof shall not be construed or deemed to be a waiver of the Provider's rights hereunder or in any way affect the validity of the whole or any part of these Terms and Conditions, or prejudice the Provider's rights to take further action.
24.1. In the event that any or any part of the terms, conditions and provisions shall be determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.
24.2. In such cases, the portion deemed invalid or unenforceable shall be amended in a manner consistent with the relevant law to reflect, to the extent possible, the Provider's original intentions.
25. Entire Agreement
25.1. The Terms and Conditions represent the entire agreement between you and the Provider and supersedes any prior agreement, understanding or arrangement between you and the Provider, whether oral or in writing.
26. Governing Law and Jurisdiction
26.1. You agree that your access to and use of the Services, Website(s), Software, the Information and the interpretation these Terms and Conditions shall be governed by and construed in accordance with the laws of the Philippines.
26.2. Subject to Clause 26.3, any dispute, controversy or claim arising out of or relating to these Terms and Conditions or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Philippine Dispute Resolution Center Inc ("PDRCI") Arbitration Rules for the time being in force. The appointing authority shall be the PDRCI and the number of arbitrators shall be three (3), where the Provider and you shall each appoint one (1) arbitrator and the two (2) arbitrators thus appointed shall choose the third arbitrator who will act as the presiding arbitrator of the tribunal. The place of arbitration shall be the Metro Manila, Philippines. The language to be used in the arbitral proceedings shall be English. The Provider, you and the tribunal shall at all times treat all matters relating to the proceedings and the award as confidential.
26.3. Notwithstanding Clause 26.2 above, the Provider shall be entitled at its sole discretion to commence proceedings against you in the courts of the Philippines or in any other courts with jurisdiction in connection with any dispute, controversy or claim arising out of or relating to these Terms and Conditions or the breach, termination or invalidity thereof and you agree to submit to the jurisdiction of the courts of the Philippines or such other courts (as the case may be).