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INTRODUCTION TO GENERAL TERMS & CONDITIONS

LICENCE CODE: UNITED KINGDOM

These General Terms & Conditions apply to UK registered customers betting on events other than an Australian Event.*

*Australian Event means an event that takes place on Australian soil and/or an event that is specifically identified in the Market Information (as defined in the Rules and Regulations) to a market as being governed by Betfair's Australian licence.

Betfair Limited (the 'Company' or 'Betfair') is a limited liability company registered in England and Wales, number 5140986. Our registered offices are at The Waterfront, Hammersmith Embankment, London, W6 9HP. We provide an exchange (the 'Exchange') for betting transactions conducted between our customers which is accessible either online (the 'Website' facility) or by telephone (the 'Telephone Betting Service'). We may offer other gambling services from time to time ('Non-Exchange Gambling Services') in which case unless otherwise stated, these terms and conditions (the 'Terms and Conditions') will apply to such Non-Exchange Gambling Services in the same manner as they apply to bets struck through the Exchange as described below. Subject to Clause 6.14 we do not accept bets ourselves, but we provide our customers with an automated facility for the placing of bets with each other. In return for this service, we take a commission from each customer's net winnings on an individual Betfair betting market ('Market') which is deducted from funds held by customers in Trust and paid to us. 'Betfair' and the Betfair logo are registered trade marks of The Sporting Exchange Limited ('TSEL'), the parent company of Betfair. In these Terms & Conditions references to 'we', 'us', 'our' and any similar expression shall include the Company and/or, TSEL and (to the extent required where these terms are incorporated by reference in any other agreement) any subsidiary of TSEL (other than The Sporting Exchange (Clients) Limited). This agreement (the 'Agreement') is entered into between us and the customer ('you').

The Company is licensed to operate the Exchange under English law. At any time the Exchange may be operated under a licence held by any other subsidiary of TSEL and if so the Company may assign this Agreement to such subsidiary under Clause 11.8 of this Agreement. Whilst it is intended that the Exchange will operate under the Company's existing licence, the Company reserves the right to switch the operation of the Exchange 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, to ensure that the Exchange will be available to you, subject to the terms of this Agreement.

AGREEMENT (GENERAL TERMS & CONDITIONS)

EFFECT OF THIS AGREEMENT
1. By agreeing to these Terms and Conditions and/or by continued use of the Exchange, you are bound by the entirety of this Agreement and by our 'Rules and Regulations' and 'Privacy Policy' that are incorporated by reference into these Terms and Conditions. If there is any inconsistency between these Terms and Conditions and any document incorporated by reference, these Terms and Conditions will prevail.
2. 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 placing a notice of such change on a prominent position on the Website, together with the changed terms and conditions). It is your responsibility to check these Terms and Conditions and the Privacy Policy from time to time to ensure that you agree with them and your continued use of the Exchange will be deemed to be your acceptance of any changes to the Terms and Conditions and Privacy Policy. Any bets matched prior to the time of amendment and notification of the changed terms and conditions will be subject to the pre-existing Terms and Conditions. Any bets matched after the time of amendment and notification of the changed terms and conditions will be subject to the changed terms and conditions.
YOUR REPRESENTATIONS
1. You are 18 years of age or over, of sound mind and capable of taking responsibility for your own actions.
2. You can enter into a legally binding agreement with us and you are the person whose details are provided in connection with your Betfair registration or, in the case of legal entities, you are a duly authorised representative of the relevant legal entity. In the event that another person trades on your account you are solely responsible for all their actions whether or not their access was authorised by you and for this purpose you hereby indemnify Betfair and hold Betfair harmless against all costs, claims, expenses and damages howsoever arising in connection with the use of or access to your account by any third party.
3. You understand that by using our services you may lose money on bets placed and accept that you are fully responsible for any such loss.
4. You will not use our services to bet via any means where it is prohibited to do so while located in the jurisdiction in which you are located. In particular, you will not bet or attempt to bet via the Exchange when you are located in the United States of America or such other restricted jurisdictions as the Company may from time to time determine. The availability of the Website does not constitute an offer or invitation by Betfair to use the Exchange in any jurisdiction in which such use is illegal.
5. You agree it is your responsibility to verify that you are permitted to bet (including to use a person-to-person betting service) in any jurisdiction in which you are located.
6. You are acting as a principal and not as an agent on behalf of a third party.
7. You are not an undischarged bankrupt or in a voluntary arrangement with your creditors.
8. When paying money into the Trust (as defined in clause 4.1.1) you warrant that you are authorised to do so. You are making such payments in good faith and will not attempt to reverse a payment made into the Trust or take any action which will cause such a payment to be reversed by a third party, in order to avoid a liability legitimately incurred.
9. You undertake to use our services for legitimate betting purposes only. In particular you undertake not to (i) engage in any activity which has the purpose or effect of causing damage to or in any way hindering our business operations or generating or increasing a liability on us, including without limitation any tax, levy or duty collecting authority; or (ii) bet on, or manipulate any Market in a manner which we believe has the purpose or effect of adversely affecting the integrity of the Exchange or any Market.
10. You will not attempt to hack, make unauthorised alterations or introduce any kind of malicious code to the Website or the Company by any means. Unless given prior approval from Betfair, you will not (a) reverse engineer or decompile (whether in whole or part) any software available through the Website; or (b) make copies, modify, reproduce, transmit, alter or distribute all or any part of the Website or any material or information contained on it.
11. You will at all times act in good faith in relation to the counterparties to your bets struck through the Exchange and such counterparties will be able to enforce this duty directly against you.
12. You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in connection with the forums or any other part of the Website including within your own username or other information contributed to any Betfair site.
13. You will not attempt to use the Exchange to deliberately transfer money from one Betfair account to another by attempting to match bets on a Market with another customer through collusion.
14. You will not disguise or interfere in any way with the IP address of the computer you are using to access the Exchange or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing the Exchange.
15. You agree it is your responsibility to account for any tax or duty imposed on you as a resulting of placing bets through the Exchange.
16. You agree that you will not access any other Betfair account to use any of our services or products from which you have self-excluded, during the period of any such self-exclusion.
PRIVACY AND INDEMNITY
1. Save in accordance with clause 3.3 below, you may not enquire into the identity of the party or parties with whom we may match your offer for a bet or the party or parties who may accept any offer for a bet that you leave on Betfair.
2. Any information you send us will be processed in accordance with our Privacy Policy (accessible on the Website or on request).
3. In order to facilitate the enforcement of your rights pursuant to clause 2.11 we may, at our sole and absolute discretion, provide you with details of the identity of the party or parties with whom your bet(s) have been matched if we are satisfied that such party or parties have acted in breach of clause 2.11 in relation to such bet(s).
4. For the purpose described in clause 3.3 above you explicitly consent to the release of your personal data in accordance with the Data Protection Act 1998 and any other applicable laws.
5. You agree to indemnify us and hold us harmless in respect of the release of any personal (or other) data pursuant to the terms of this Agreement.
ACCOUNTS AND PAYMENTS
1. Opening an account
  1. Before you are able to start betting on Betfair, we will require you to first register with us. Additionally, you must have placed funds into a trust administered by The Sporting Exchange (Clients) Limited (the 'Trust'). Funds contributed by you to the Trust will be held and administered on, and subject to, the terms of the Trust. The Sporting Exchange (Clients) Limited, which is a wholly-owned subsidiary of TSEL, is the trustee of the Trust (the 'Trustee'). The terms of the Trust are set out in the Trust Deed which is accessible on our website.
  2. At our discretion we may not accept registration from persons resident in certain jurisdictions. For example, it is Betfair's longstanding and continued policy not to accept registrations from persons resident in the United States of America.
  3. You agree to provide accurate registration information, including without limitation your correct date of birth. You agree to inform us of any changes in such details.
  4. You authorise us, at any time, to use any means that we consider necessary to verify your identity and creditworthiness with any third party providers of information.
  5. Registration will be conducted using secure server encryption.
  6. You will inform us as soon as you become aware of any errors with respect to your account or any calculations with respect to any bet you have placed. We reserve the right to declare null and void any bets which are the subject of such an error.
2. Confirmation, passwords and telephone account numbers
  1. If you register with us via the Website, upon completion of registration, we will confirm by electronic mail to the address you have supplied that your account is open. If you register with us via the Telephone Betting Service, we will confirm registration by post.
  2. On registration via the Website, you will be required to choose a password for use of the Website and will automatically be given a telephone account number ('TAN') for use of the Telephone Betting Service (accessible under 'Profile' in the 'My Account' section of the Website). On registration via the Telephone Betting Service, you will be given your TAN by one of the operators manning the Telephone Betting Service phone lines (a 'Betfair Telephone Operator'). If you would subsequently like to use the Website as well, the Betfair Telephone Operator can provide you with a username and password at any stage.
  3. On registration via the Website or Telephone Betting Service, you will be required to choose the currency in which you operate your account. This will determine the currency in which you match bets on the Exchange and the currency of all transactions with your credit or debit card.
  4. You agree to keep your username, password and/or TAN strictly confidential and you are responsible for any misuse of your password and/or TAN. Provided that we have been correctly supplied with the account information requested, we are entitled to assume that orders and payments are made by you. You should change your password on a regular basis and never disclose it to any third party. Passwords should contain a mixture of upper and lower case letters and numbers and/or symbols. Passwords are case sensitive and we recommend the use of passwords that combine a combination of non obvious letters and numbers in different cases. This will help to prevent the risk of unauthorised use of your account. You undertake to protect your username and password in the same way as you would in respect of your bank cards and any failure to do so shall be at your sole risk and expense.
  5. You agree to inform us at once by electronic mail and by telephone if you believe that your account information is being misused by a third party so that we may suspend your account.
  6. If you are using the Website, we strongly recommend that you disable any automatic password memory in your browser prior to use and that you run appropriate anti-spyware, firewall and virus protection on your computer on a regular basis.
3. Contribution of Funds and Operation of Trust
  1. In accordance with clause 4.1.1 above, to open an account you need to contribute funds into the Trust which will be held by the Trustee on your behalf by way of security to meet any payment obligations you may incur as a result of placing offers for bets or accepting offers to bet on our Exchange. Details of how to make payments into the Trust and of the manner in which the Trust is operated are set out in the terms of the Trust Deed available on our website.
4. Exposure management
  1. Your betting limit is represented by your 'Available to Bet' balance determined in accordance with the terms of the Trust.
  2. Once the outcome of a bet is determined, the winnings (less commission) will be held by the Trustee for the use of the winner of the bet.
USE OF BETFAIR'S SERVICES
1. The Exchange carries offers for bets that remain available for acceptance by you at any time. These can either be viewed on the Website or be communicated to you by a Betfair Telephone Operator. We provide our customers with the following help facilities: (i) on the 'Help' section of the Website itself; (ii) by email and by telephone with our customer helpdesk; and (iii) by telephone with our Telephone Betting Service. However, you are responsible for understanding the contents and operation of our Exchange. We reserve the right to change the format of the services we offer in order to enhance such services and we reserve the right to record ALL telephone calls to Betfair and to monitor all information relating to betting on customers accounts for which purposes you consent in accordance with the requirements of the Regulation of Investigatory Powers Act 2000.
2. With respect to the Telephone Betting Service, you should note that instructions communicated by you to a Betfair Telephone Operator will be read back to you by the Operator to ensure that they have been correctly understood. This will cause a slight delay in the processing of your instruction but is imperative to ensure that oral instructions have been correctly understood. No instruction will be carried out unless the Operator is comfortable that your instruction has been read back in its entirety and that you have confirmed that it is correct (and therefore, in the event that the call is interrupted for any reason, your instruction will not be executed).
3. All calls to the Telephone Betting Service are recorded in order to provide verification that instructions have been properly understood and executed. In the event that you should subsequently disagree with any bet that has been placed, you should contact the Telephone Betting Service as soon as possible.
4. We may decide (at our discretion) to offer you a Telephone Betting Service where a Betfair Telephone Operator places bets for you, based on your instructions, after (rather than during) a telephone call. In this situation the Betfair Telephone Operator will endeavour to get the bet matched in accordance with your instructions although Betfair cannot guarantee that the bet will be matched and it remains your responsibility to ensure that the bet is matched.
5. You should be aware that some customers make use of programs ('bots') 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 customers. Betfair 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 Market which has the purpose or effect of adversely affecting the integrity of the Exchange or any Betfair Market.
6. We may determine, at our discretion, when the Exchange is open for the placing of bets and, though we will at all times use reasonable endeavours to settle Markets as quickly as possible, we give no assurances as to the timeframe in which Markets will be settled.
7. We may determine, at our discretion, to take steps to block you from placing bets via the Exchange if you are located in certain jurisdictions. For example, it is Betfair's longstanding and continued policy not to allow bets from people located in the United States of America and we have put restrictions in place to attempt to prevent you from placing bets via the Exchange if you are located in the United States of America.
OFFERS FOR BETS
1. Any offer for a bet that you make will refer to a Market available on Betfair and will include the Odds or Price at which you are prepared to Back, Lay, Sell or Buy an outcome and the maximum amount of money you are prepared to stake.
2. You agree to appoint the Company as your agent: (i) for the communication of your orders for bets; and (ii) for receipt of communications of acceptance of your orders for bets. To the extent that you use the Telephone Betting Service, you agree to appoint the Telephone Operator as your agent for the communication of your orders for bets with us.
3. An offer for a bet is open for acceptance by our other customers, either as individuals or as combinations of individuals using our Exchange, for so long as those customers comply with these Terms and Conditions.
4. Subject to Clause 6.14 you do not bet with the Company, but only with other customers who use our service. You offer to bet at the Odds or Price you select or at better Odds or a better Price, which may be higher or lower, depending on whether you are Backing, Laying, Selling or Buying an outcome, without increasing your exposure, if that is to your advantage.
5. An offer for a bet that you make on Betfair remains open for acceptance by any of our customers (unless properly cancelled by you in accordance with Clause 8 below). You may not nominate individuals to be counterparties to any of your offers for bets.
6. Your offer for a bet may be posted on Betfair in isolation or in combination with other offers for bets on the same Market. We will not identify you to our other customers as the originator of the offer unless required to do so by law or otherwise in accordance with the provisions of our Privacy Policy or clause 3.3 above.
7. Your offer will only be valid and open for acceptance if it is made in accordance with our Terms and Conditions. We reserve the right to refuse to post your offer on our Exchange without giving prior notice.
8. If we allow you to make an offer for a bet and subsequently suspect that you are or were, at the time of making the offer, in breach of this Agreement, we may, at our absolute discretion, withdraw your offer from our Exchange, void any bets outstanding to your account and terminate your account.
9. You are entirely responsible for the information that you provide us concerning the offer that you wish to place. We will not enquire into the reasonableness of any offer that you may make. We will not be liable for incorrect entries made by you on the Website, including data input errors with respect to the Odds, Price or stake on offer. Similarly we will not be liable for incorrect bet requests communicated by you to a Betfair Telephone Operator.
10. Once you have confirmed that you wish to place a particular order for a bet, you agree to leave the offer for that bet open for acceptance, subject to termination of the offer by us or your valid cancellation of the offer in accordance with Clause 8 below.
11. Once your offer for a bet is accepted, you will not be able to change the terms of your offer even if you had intended to cancel your offer but failed to do so or the message to us to cancel your offer was not received and processed by the Exchange before the bet was accepted.
12. We may determine, at our absolute discretion, when our Exchange is open for the posting of offers for bets on any particular Market and may close the Exchange at any time at our absolute discretion.
13. In the interests of maintaining integrity and fairness in the Markets we may, at our sole and absolute discretion, decide to suspend betting on a Market earlier than anticipated by our Rules and Regulations and/or void certain bets or a Market in its entirety.
14. Notwithstanding any statement to the contrary in these Terms and Conditions, TSEL may elect to nominate one or more of its subsidiaries or joint venture companies to act as counterparty in respect of bets or offers for bets involving a certain category of its customers or a certain bet-type category (a 'Nominated Counterparty'). If we do so in relation to our agreement with you we will take reasonable steps to bring this to your attention. In any event, where you attempt to match a bet with a customer who is bound by terms that specify they will bet against a Nominated Counterparty, you shall be deemed to have matched your bet with the Nominated Counterparty as if it were that customer to the extent of the amount so matched.
ACCEPTANCE OF BETS
1. You may use the Website or the Telephone Betting Service to accept offers for bets that are available for acceptance on our Exchange. You can obtain details of what offers for bets are available either by visiting the relevant Market on the Website or by contacting our Telephone Betting Service.
2. While we will attempt to ensure that offers for bets are correctly displayed (or, in the case of the Telephone Betting Service, correctly communicated by a Betfair Telephone Operator) and are effectively outstanding, we do not guarantee that every offer displayed as outstanding on the Website (or communicated by a Betfair Telephone Operator as being outstanding) will be available for your acceptance. All or part of the offer of a bet displayed on the Website or communicated by a Betfair Telephone Operator as available on the Exchange at specific Odds or Price may be successfully cancelled by one or more counterparties before your acceptance is processed by the Exchange (this risk is particularly relevant where you are using the Telephone Betting Service because your instruction will have to be read back to you before being sent to the Exchange, inevitably causing a further slight delay). In this case, the offer for a bet will be withdrawn before your acceptance of that offer is acknowledged. Your failed attempt to accept the bet formerly on offer will however be posted as a new offer available for acceptance by other customers.
3. Subject to Clause 6.14 when you accept an offer to bet as posted on the Exchange, you are not betting with the Company but with other customers who use Betfair.
4. Once you have accepted an offer to bet, you will not be allowed to change the terms of that bet or cancel or withdraw from that bet. Acceptance of an offer for a bet, once received by us, concludes the bet.
5. We will attempt to match your order on your behalf with offers to bet made on our Exchange so that you will receive either the Odds or Price that you have requested or better Odds or a better Price, which may be higher or lower, depending on whether you are Backing, Laying, Selling or Buying an outcome, without increasing your exposure, if that is to your advantage.
6. We will display all accepted bets on the 'Current Bets' page on the Website. If you are using the Telephone Betting Service, your 'Current Bets' may be given to you by a Betfair Telephone Operator.
7. You are able to check on the 'Current Bets' page on the Website or by telephoning the Telephone Betting Service which of your offers for bets either remain outstanding or have been matched.
8. You may only accept offers to bet using our Exchange in accordance with the 'Rules and Regulations'. We will not recognise any purported acceptance made by means other than either (i) online, by completing the betting slip or 'bet manager' screen for the relevant bet on the Website or (ii) if you are using the Telephone Betting Service, by your clear instruction to a Betfair Telephone Operator.
CANCELLATION OF AN OFFER FOR A BET
1. Unmatched offers for bets posted on our Exchange (whether via the Website or via the Telephone Betting Service) may be withdrawn at any time, unless and until they have been accepted, either by (i) cancelling the relevant offer for a bet in the 'view / edit / cancel unmatched bets' section of the relevant Market on the Website or (ii) by instructing a Betfair Telephone Operator to cancel the relevant offer for a bet.
2. If you are using the Website, the cancellation of an outstanding offer for a bet becomes effective when your instruction to cancel is successfully received and processed by the Exchange. If you are using the Telephone Betting Service, the cancellation of an outstanding offer for a bet becomes effective when the Betfair Telephone Operator relays your instruction to the Exchange and the server processes your instruction to cancel. In the event that the Exchange fails to receive and process the cancellation in good time, you acknowledge that your offer may remain outstanding and available for acceptance.
3. If you attempt to cancel an offer for a bet that is outstanding, you may not be able to do so if customers have partially or wholly accepted your bet during the interval between your submitting the cancellation request and that request being processed by the Exchange. In this case, your original offer, or part thereof, will be validly accepted and settled.
4. We will cancel any offers for bets that remain outstanding at the time that we close a Market.
TERMS APPLICABLE TO ALL BETS
1. Cancellation, Termination, Suspension and breach
  1. Without restricting our ability to rely on other remedies that may be available to us, we may restrict your access to the Exchange, suspend or terminate your account or cancel any unmatched bets in our absolute discretion without cause at any time, including (without limitation) if: (i) we suspect that you are engaging in illegal or fraudulent activity while using our Exchange; (ii) we suspect you are breaching any term of this Agreement; (iii) we suspect you are acting in a manner that is detrimental to the conduct of our business or which may result in legal liability for you, for the Company or for third parties; or (iv) we suspect that you may be having difficulties obtaining credit. In addition, if formally requested by the Police, gambling regulators, Insolvency Service or taxation authorities (whether based in the UK or elsewhere) or in the event that you fail to provide us with sufficient information to identify yourself in accordance with our own internal procedures or those imposed on us by regulatory authorities (whether based in the UK or elsewhere) we may suspend your account and all functionality relating to the use of your accounts (e.g. bet management and cash withdrawal) and withhold from you any funds in your account pending determination of any criminal or other legal proceedings or investigation to which such a request may relate or until you provide the necessary 'know your client' or 'age verification' information.
  2. Irrespective of whether we suspend or terminate an account and notwithstanding any other provisions in these Terms and Conditions, we may decide to cancel and void any outstanding or matched bets if required by law or at our absolute discretion where (i) there is a technological failure; or (ii) we suspect that you or another customer with whom you have bet have (or may have) breached any term of this Agreement; or (iii) we have the right to do so as set out in our Rules and Regulations. In relation to any cancelled or void bets, we reserve the right to take any money from your account relating to these bets or, if there are insufficient funds in your account, demand that you pay us the relevant outstanding amount relating to these bets.
  3. You may suspend or terminate your account at any time upon notice to Betfair.
  4. On termination or suspension of your account, in most cases we will return any funds in your account to you. However, we reserve the right to withhold the funds in your account from you pending the determination of any investigation (including any relevant external investigation): (i) where we suspect you have acted in breach of any term in this Agreement, including (but not limited to) where we suspect the account has been linked with fraudulent or dishonest activity; or (ii) where we have to withhold the funds in your account by law or to comply with any advice, request or instruction from any governmental, regulatory or enforcement authority (whether based in the UK or elsewhere). Following the determination of any such investigation we reserve the right to seize the funds in your account should we be satisfied that you have acted in breach of this Agreement. We will deal with any funds seized in this manner at our sole and absolute discretion.
  5. For the avoidance of doubt at no point during any such period when we have witheld your funds will interest accrue to you on such funds.
2. Applicable thresholds: Minimum and maximum amounts
  1. You may only place orders with a minimum stake of £2 in Odds or Line betting, or £1 per unit in Range betting. If your account is non-sterling, equivalent amounts apply. These minimum bet sizes are subject to change and may differ depending on whether you are using the Website or the Telephone Betting Service.
  2. You may not make any offer for a bet or accept a bet that results in your Current Exposure exceeding the lesser of: (i) your Available to Bet balance, or (ii) your Exposure Limit, which for new accounts is set to £5,000 (or equivalent).
  3. In the event that we inadvertently process an offer for a bet or the acceptance of a bet in an amount outside the applicable thresholds, such bet will nevertheless stand and be subject to the other terms of this Agreement.
3. Nature of bets
  1. You acknowledge that all bets placed on the Exchange by you, be they Odds bets, Line bets or Range bets are actually a combination of one or more fixed odds bets. The exact combination of odds is shown in the betting slip, either directly (for Odds and Line bets), or (for Range bets) by clicking on the 'Bet Equivalent' button.
  2. You accept that you consider yourself to be adequately informed of your possible exposure, if using the Website, by the details given on the betting slip (if you are in any doubt about this, you should consult with the relevant 'How to bet' demo under the 'Help' section on the Home Page before proceeding), and if using the Telephone Betting Service, by the details given by the Betfair Telephone Operator.
  3. You accept that any amounts lost by you under any bet shall not under any circumstances be recoverable from the Company.
4. Bet Settlement
  1. We will settle Markets in accordance with our 'Rules and Regulations'. We reserve the right to reverse or amend settlement in the event of a Market being settled incorrectly. This may lead to amendments being made to your balance to reflect changes in Market settlement and if there are insufficient funds in your account we may demand that you put funds into your account to address the outstanding balance.
  2. Any amount of winnings or losses relating to your bets on a Market will be rounded to the nearest two decimal places. If the amount ends in 0.5 it will be rounded up.
COMMUNICATIONS AND NOTICES
1. Communications and notices to be given under this Agreement (other than those exchanges of information occurring in the normal operation of the site) should be sent to us in the manner prescribed in the 'Contact us' pages (accessible on the Website).
THE COMPANY
1. Commission and payment structure
  1. We provide you with a platform which enables you to place bets, in consideration of which we will be paid a commission. The commission payable is generally between 2 and 5 per cent (but subject to variation by Market type) calculated on your net winnings on a Market. In the event that you have net losses on a Market, no commission will be deducted. The amount of commission charged on a Market will be stated in the Rules for the Market and Betfair reserves the right to amend this from time to time.
  2. If you place more than a specified number of transactions on the Exchange you may also be charged a transactional fee. We will use reasonable endeavours to inform you if your activity incurs a transactional fee.
  3. If you make more than a specified number requests for Betfair data you may also be charged a data request fee. We will use reasonable endeavours to inform you if your activity incurs a data request fee.
  4. Separately Betfair may levy a premium charge on your account should the amount of commission generated in respect of your account be less than a specified percentage of profits you have made over a given period of time. Again we will use reasonable endeavours to inform you if your activity incurs a premium charge.
  5. In these Terms and Conditions, references to 'Fees' shall include commission (as described in 11.1.1), transactional fees (as described in 11.1.2), data request fees (as described in 11.1.3), the premium charge (as described in 11.1.4), and any other payments levied by Betfair on customers from time to time. For further information on Fees see 'Betfair Charges' in the 'About Us' section of the Website and you shall be bound by these.
  6. We reserve the right to amend our policy on Fees from time to time.
  7. We will calculate the amount of Fees you owe us and notify the Trustee accordingly. Upon the Trustee deducting any amount you owe us from your share in the Trust assets and holding such amount on trust for us, your obligation to pay us this amount shall be discharged. The Fees will be deducted by the Trustee from the funds you have paid into the Trust and will be paid to us. Please see the Trust Deed for further details.
  8. Any Fees owed to us will be rounded to the nearest two decimal places. If the amount ends in 0.5 it will be rounded up.
2. Indemnity
  1. You agree to indemnify and hold us and our associated companies, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of your breach of this Agreement including documents incorporated by reference into this Agreement or out of your violation of any law or the rights of any third party.
  2. You acknowledge that the Company, TSEL and its subsidiaries will hold information with respect to your identity, including but not limited to your name, address and payment details. You agree that we rely on this information in entering into this Agreement with you and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide us.
3. Matters beyond our reasonable control
  1. We are not liable for any loss or damage that you may suffer because of any: act of God; power cut; trade or labour dispute, act, failure or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party. In such an event, we reserve the right to cancel or suspend our services without incurring any liability.
  2. We are not liable for the failure of any equipment or software howsoever caused, wherever located or administered, or whether under our direct control or not, that may prevent the operation of our betting services, impede the placing of orders for bets or the matching of bets, or prevent you from being able to contact us. In particular you should be aware that if you place a bet with the intention of subsequently placing a separate bet to reduce the liability incurred by the initial bet, there can never be a guarantee that the Exchange will be available at the point you wish to place the subsequent bet.
  3. We are not liable for the acceptance or settlement of any offers for bets where we do not receive communication of that acceptance or where we are unable to display that bet in the 'My account' pages of our Website or we have not received your instruction to cancel an offer for a bet or, for any reason, we fail to process any instruction in good time.
  4. We will not be liable for any failure to perform by a third party to our Agreement.
4. Limitation of liability
  1. We exclude all representations and warranties as to the Exchange's satisfactory quality and/or fitness for its intended purpose.
  2. We will not be liable to you for any loss that you may incur as a result of misuse of your password, or in the case of the Telephone Betting Service, of your TAN, and we accept no liability resulting from its unauthorised use, whether fraudulent or otherwise.
  3. In no event will we, or any of our suppliers, accept any liability however arising for any losses you may incur as a result of placing bets or otherwise by your use of the Exchange or our services. Under no circumstances will our liability under these Terms and Conditions or for breach of contract, tort, equity or otherwise exceed your maximum permitted exposure as set out in Clause 9.2.2. Under no circumstances will we be liable for any indirect, special or consequential damages, loss of profits (direct or indirect) or the benefit of any bet arising from breach of contract, negligence, equitable duty (including for the avoidance of doubt in relation to any bet(s) or Market(s) voided by us) or other liability even if we had been advised of or known (or should have known) of the possibility of such damages or loss.
  4. Nothing in these Terms and Conditions excludes our liability with respect to death and personal injury resulting from our negligence, or that of our employees, agents or subcontractors.
5. Gambling by those under age
  1. If we are notified that you are under 18 or were under 18 when you placed any offers for bets through the Exchange ('under age'): (i) we will immediately prevent you placing any further bets or making any withdrawls from or use of your account; (ii) we will investigate the claim that you are or were under age, including whether in fact you have been betting as an agent for or at the behest or on behalf of another person; (iii) if having found that you are or were under age, we will retain all winnings which have accrued and remain in your account or which are otherwise due to be credited to your account; (iv) you must pay to Betfair all winnings gained from betting through the Exchange whilst under age on demand. Should you not comply with this duty we will seek to recover from you or to set off against any stakes placed by you any winnings paid to you as a result of bets placed though the Exchange together with the costs of such recovery. Any sums recovered will belong to Betfair; and (v) we will not return to you any Fees paid by you in respect of bets made whilst you were under age.
6. Right of set off
  1. We may at any time, without notice to you, set off any liability owed to us or to our customers by you, including (without limitation) in relation to any Betfair account in your name or which we believe to be under your control; against any funds held in another Betfair account in your name or which we believe to be under your control.
7. Intellectual property
  1. Betfair and the Betfair logo are registered trade marks of TSEL and TSEL is the sole owner of the same. Any unauthorised use of the Betfair trade marks may result in prosecution.
  2. www.betfair.com is the uniform resource locator ('URL') of our Company and no unauthorised use may be made of this URL (or any other URL owned by us) on another website or digital platform without our prior written consent.
  3. You agree to assign to TSEL any intellectual property rights (including copyright) in any bets placed by you on the Exchange. TSEL owns all rights in any price data and related content on the Exchange. Your registration and use of our Exchange confers no rights whatsoever to the content and related intellectual property rights contained in our Exchange. You agree not to monitor, use or copy our web pages or any content on the Exchange, including without limitation any price data. Any unauthorised use or reproduction may be prosecuted.
  4. Any data licensed to Betfair from third parties is provided for use on the Website only and may not be used for any commercial purposes without the consent of such third parties.
8. Assignment
  1. You may not assign any part of this Agreement without Betfair's written consent but Betfair may assign this Agreement to its subsidiaries without notice to you.
9. Information Services
  1. From time to time Betfair may provide you with access to various information and content (e.g. form data, results, video streaming) via the Website (including micro-sites and as part of any runner data and/or results service), the Telephone Betting Service, emails or any other means of communication. Further Betfair may provide you with links to third party websites which may include information.
  2. The information referred to in 11.9.1 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 makes no representations or warranties of any kind, including but not limited to, the accuracy, quality or completeness of the information.
  3. Betfair shall not be liable for any action taken by you as a result of your relying on any information referred to in 11.9.1 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.
  4. Any links from the Website to third party websites do not constitute an endorsement by Betfair of any products or services available on such websites. You use such websites at your own risk and Betfair takes no responsibility for the content on, or use of, such websites.
10. Betfair Forum
  1. From time to time Betfair may provide you with access to an online chat forum (the 'Betfair Forum'). If you use the Betfair Forum you agree to be bound by any Betfair Forum Terms and Conditions which may appear on the Website from time to time. The Betfair Forum terms and conditions are incorporated into these Terms and Conditions by reference.
  2. We shall not be liable to you for any defamatory postings made by you or in relation to you. You agree to indemnify Betfair against loss suffered by Betfair or TSEL or any TSEL subsidiary company as a result of any Betfair Forum posting made by you.
  3. You grant Betfair an irrevocable, perpetual license to all forum postings by you to use or reproduce for any purpose whatsoever.
11. Exchange Access
  1. These Terms and Conditions apply to you, through whatever means you access the Exchange.
  2. You agree to accept any other Betfair terms and conditions giving you access to the Exchange, including those relating to Betfair Mobile or for a licence to the Betfair Application Programming Interface ('API'). Any such terms and conditions are incorporated by reference into these Terms and Conditions.
SEVERABILITY
1. In the event that any provision of these Terms and Conditions is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.
DISPUTE RESOLUTION
1. In the event of a dispute arising between us and you, our customer service staff will attempt to reach an agreed resolution.
2. Should our customer service staff not be able to reach an agreement with you, our senior management and/or Board of Directors may intervene to resolve any outstanding grievance.
3. You agree to follow any grievance/dispute policy Betfair may put in place from time to time. You should exhaust this process before taking any grievance/dispute to any relevant betting industry regulator or independent betting dispute resolution body that is recognised by Betfair under its betting grievance/dispute policy from time to time.
GENERAL
1. This Agreement is governed by the laws of England and Wales.
2. The courts of England and Wales have exclusive jurisdiction in relation to all disputes under this Agreement.
3. The Contracts (Rights of Third Parties) Act 1999 does not apply to these Terms and Conditions save in respect of clauses 2.11, 14.1 and 14.2 above and insofar as it does apply the terms of this Agreement may be varied without the consent of any counterparties to any bets struck through the Exchange.
4. These Terms and Conditions have been prepared in various languages other than English for reference only. In the event of any differences between the English version of the Terms and Conditions (accessible from the homepage of www.betfair.com) and this version, the English version shall prevail.
5. This Agreement and the terms expressly incorporated into it constitute the entire and only agreement between the parties with regards to its subject matter and each party confirms that it has not been induced to enter into this Agreement in reliance upon, nor has it been given, any warranty (including in particular any warranty as to merchantability, fitness for purpose or uninterrupted functionality), representation, statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature whatsoever other than as are expressly set out in this Agreement and, to the extent that it has been, it unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have had in relation thereto.
6. No failure or delay by a party to exercise any of its rights under this Agreement shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right.

V 02/08 16/05/08

TERMS AND CONDITIONS APPLICABLE TO ALL BETS PLACED ON AUSTRALIAN EVENTS, THE AUSTRALIAN TOTE AND THE AUSTRALIAN MULTIPLES

INTRODUCTION TO AUSTRALIAN MARKET TERMS & CONDITIONS
LICENCE CODE: AUSTRALIA

These Australian Market Terms & Conditions only apply to customers in circumstances where they place bets or requests for bets on Australian Events*, the Australian Tote** and/or the Australian Multiples***, these Terms and Conditions apply from 12.00 GMT on 24/06/09.

* Australian Event means an event that takes place on Australian soil and/or an event that is specifically identified in the Market Information (as defined in the Rules and Regulations) to a market as being governed by Betfair's Australian licence.

** Australian Tote means the totalisator operated by Tote Tasmania Pty Ltd ("Tote Tasmania") for which Betfair Australia acting as an agent, accepts bets from customers on Tote Tasmania's behalf through the betting platform through which the Australian Tote products are offered (the "Tote Betting Platform")

*** Australian Multiples means the multiples product operated by Sports Alive Pty Ltd ("Sports Alive") for which Betfair Australia acting as agent, accepts bets from customers on Sports Alive’s behalf through the betting platform which the Australian Multiples product is offered (the "Australian Multiples Betting Platform").

Betfair Pty Limited (the 'Company' or 'Betfair Australia') is a limited liability company registered in Victoria with registered offices at Level 13, South Tower, 459 Collins Street, VIC, 3000 (ACN 110 084 985). We provide an exchange for betting transactions relating to markets governed by our licence (the 'Exchange') which is accessible either online (the 'Website' facility) or by telephone (the 'Telephone Betting Service'). We act as a principal counterparty to all bets offered or accepted by customers on our Exchange. In return for this service, we take a commission from each customer's net winnings on an individual betting market ('Market') which is deducted from funds held by customers in Trust and paid to us. The Company trades as 'Betfair' pursuant to a licence that includes trade marks rights; 'Betfair' and the Betfair logo are registered trade marks of The Sporting Exchange Limited ('TSEL'). The Company is licensed in Tasmania, Australia. In these terms & conditions references to 'we', 'us', 'our' and any similar expression shall be to the Company. Tote Tasmania Pty Ltd is a limited liability company registered in Tasmania with registered offices at Tattersall's Park, 6 Goodwood Road, Glenorchy, TAS, 7010 (ACN 095 972 106) which is licensed to operate a totalisator in Tasmania. Sports Alive Pty Ltd is a limited liability company registered in the ACT with registered offices at Level 1, Acton Stand, Canberra Racecourse, Randwick Road, Lyneham ACT 2602 (ABN 49 069 087 332) which is licensed as a bookmaker by the ACT Gambling and Racing Commission. This agreement is entered into between us and the customer ('you') and where applicable between Tote Tasmania (with Betfair Australia acting as its agent) and you and Sports Alive (with Betfair Australia acting as its agent) and you.

The Company is licensed to operate the Exchange under Australian law. Whilst it is intended that the Exchange will operate under the Company's existing licence, the Company reserves the right to switch the operation of the Exchange, the Tote Betting Platform and the Australian Multiples Betting Platform to another jurisdiction on an interim basis as required solely for the purposes of disaster recovery. In this case another company in an alternative jurisdiction will act as agent for, and provide services to Betfair Australia, to ensure that the Exchange, Tote Betting Platform and the Australian Multiples Betting Platform will be available to you, subject to the terms of this agreement.

AGREEMENT (AUSTRALIAN MARKET TERMS & CONDITIONS)

EFFECT OF THIS AGREEMENT
1. By agreeing to these Terms and Conditions and/or by continued use of the Exchange, the Tote Betting Platform and the Australian Multiples Betting Platform, you are bound by the entirety of this agreement and by our 'Rules and Regulations' and 'Privacy Policy' that are incorporated by reference into these Terms and Conditions. If there is any inconsistency between these Terms and Conditions and any document incorporated by reference, the Terms and Conditions of the Exchange or of Tote Tasmania or of Sports Alive, as applicable will prevail.
2. 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 placing a notice of such change on a prominent position on the Website, together with the changed Terms and Conditions). It is your responsibility to check these Terms & Conditions and the Privacy Policy from time to time to ensure that you agree with them and your continued use of the Exchange, the Tote Betting Platform and the Australian Multiples Betting Platform will be deemed to be your acceptance of any changes to the Terms and Conditions and privacy policy. In relation to the Exchange, any bets matched prior to the time of amendment and notification of the changed Terms and Conditions will be subject to the pre-existing Terms and Conditions. Any bets matched after the time of amendment and notification of the changed terms and conditions will be subject to the changed Terms and Conditions. In relation to the Tote Betting Platform and the Australian Multiples Betting Platform, any bets accepted by Betfair Australia as an agent for Tote Tasmania and Sports Alive respectively, prior to the time of amendment and notification of the changed Terms and Conditions will be subject to the pre-existing Terms and Conditions. Any bets accepted after the time of amendment and notification of the changed terms and conditions will be subject to the changed Terms and Conditions.
YOUR REPRESENTATIONS
1. You are 18 years of age or over, of sound mind and capable of taking responsibility for your own actions. If, by some means, you place a bet with us and you are under the age of 18 then any winnings you may make shall be forfeited to the Crown.
2. You can enter into a legally binding agreement with us and you are the person whose details are provided in connection with your Betfair registration or, in the case of legal entities, you are a duly authorised representative of the relevant legal entity. In the event that another person trades on your account you are solely responsible for all their actions whether or not their access was authorised by you and for this purpose you hereby indemnify Betfair Australia and hold Betfair Australia harmless against all costs, claims, expenses and damages howsoever arising in connection with the use of or access to your account by any third party.
3. You understand that by using our services you may lose money on bets placed and accept that you are fully responsible for any such loss.
4. You will not use our services to bet via any means where it is prohibited to do so in the jurisdiction in which you are located. In particular, you will not bet or attempt to bet via the Exchange, the Tote Betting Platform or the Australian Multiples Betting Platform when you are located in the United States of America and/or such other restricted jurisdictions as the Company may from time to time determine.
5. You agree it is your responsibility to verify that you are permitted to bet (including to use a person-to-person betting service) in any jurisdiction in which you are located.
6. You are acting as a principal and not as an agent on behalf of a third party.
7. You are not an undischarged bankrupt or in a voluntary arrangement with your creditors.
8. When paying money into the Trust (as defined in clause 4.1.1) you warrant that you are authorised to do so. You are making such payments in good faith and will not attempt to reverse a payment made into the Trust or take any action which will cause such a payment to be reversed by a third party, in order to avoid a liability legitimately incurred.
9. You are permitted in the jurisdiction in which you are located to use online and/or telephone sports betting services and you have verified that you are permitted to use an online betting service in that jurisdiction.
10. You undertake to use our services for legitimate betting purposes only. In particular you undertake not to (i) engage in any activity, which has the purpose or effect of causing damage to or in any way hindering our business operations or generating or increasing a liability on us, including without limitation any tax, levy or duty collecting authority; or (ii) bet on, or manipulate, any Market or any Australian Tote market or any Australian Multiples market in a manner which we believe has the purpose or effect of adversely affecting the integrity of the Exchange, the Tote Betting Platform, the Australian Multiples Betting Platform or any Market.
11. You will not attempt to hack, make unauthorised alterations or introduce any kind of malicious code to the Website or the Company by any means. Unless given prior approval by us, you will not (a) reverse engineer or decompile (whether in whole or part) any software available through the Website; or (b) make copies, modify, reproduce, transmit, alter or distribute all or any part of the Website or any material or information contained on it.
12. You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in connection with the forums or any other part of the Website including within your own username or other information contributed to any Betfair Australia site.
13. You will not attempt to use the Exchange to deliberately transfer money from one account to another by attempting to match bets on a market with another customer through collusion.
14. You will not disguise or interfere in any way with the IP address of the computer you are using to access the Exchange, the Tote Betting Platform or the Australian Multiples Betting Platform or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing the Exchange, the Tote Betting Platform or the Australian Multiples Betting Platform.
15. You agree it is your responsibility to account for any tax or duty that may be imposed on you as a resulting of placing bets through the Exchange, the Tote Betting Platform or the Australian Multiples Betting Platform .
16. You agree that you will not access any other Betfair account to use any of our services or products from which you have self-excluded, during the period of any such self-exclusion.
PRIVACY
1. You may not enquire into the identity of any of our other customers.
2. Any information you send us will be processed in accordance with our Privacy Policy (accessible on the Website or on request).
3. You agree to indemnify us and hold us harmless in respect of the release of any personal (or other) data pursuant to the terms of this agreement.
ACCOUNTS AND PAYMENTS
1. Opening an account.
  1. Before you are able to start betting on the Exchange, the Tote Betting Platform or the Australian Multiples Betting Platform, we will require you to first register with us. Additionally, you must have placed funds into a trust administered by The Sporting Exchange (Clients) Limited (the 'Trust'). Funds contributed by you to the Trust will be held and administered on, and subject to, the terms of the Trust. The Sporting Exchange (Clients) Limited ('TSECL'), which is a wholly- owned subsidiary of TSEL, is the trustee of the Trust (the 'Trustee'). The terms of the Trust are set out in the Trust Deed which is accessible on our website.
  2. At our discretion we may not accept registration from persons resident in certain jurisdictions. For example, it is Betfair's longstanding and continued policy not to accept registrations from persons resident in the United States of America.
  3. You agree to provide accurate registration information, including without limitation your correct date of birth. You agree to inform us of any changes in such details.
  4. You authorise us to use any means that we consider necessary to verify your identity and creditworthiness (including source of funds) with you or any third party providers of information.
  5. Registration will be conducted using secure server encryption.
  6. You will inform us as soon as you become aware of any errors with respect to your account or any calculations with respect to any bet you have placed. We reserve the right to declare null and void any bets which are the subject of such an error.
2. Confirmation, passwords and telephone account numbers.
  1. If you register with us via the Website, upon completion of registration, we will confirm by electronic mail to the address you have supplied that your account is open. If you register with us via the Telephone Betting Service, we will confirm registration by post.
  2. On registration via the Website, you will be required to choose a password for use of the Website and will automatically be given a telephone account number ('TAN') for use of the Telephone Betting Service (accessible under 'Profile' in the 'My Account' section of the Website). On registration via the Telephone Betting Service, you will be given your TAN by one of the operators manning the Telephone Betting Service phone lines (a 'Betfair Telephone Operator'). If you would subsequently like to use the Website as well, the Betfair Telephone Operator can provide you with a username and password at any stage. On registration via the Website or Telephone Betting Service, you will be required to choose the currency in which you operate your account. This will determine the currency in which you match bets on the Exchange, place bets on the Tote Betting Platform and the Australian multiples betting platform and the currency of all transactions with your credit or debit card.
  3. You agree to keep your username, password and/or TAN strictly confidential and you are responsible for any misuse of your password and/or TAN. Provided that we have been correctly supplied with the account information requested, we are entitled to assume that orders and payments are made by you. You should change your password on a regular basis and never disclose it to any third party. Passwords should contain a mixture of upper and lower case letters and numbers and/or symbols. Passwords are case sensitive and we recommend the use of passwords that combine a combination of non obvious letters and numbers in different cases. This will help to prevent the risk of unauthorised use of your account. You undertake to protect your username and password in the same way as you would in respect of your bank cards and any failure to do so shall be at your sole risk and expense.
  4. You agree to inform us at once by electronic mail and by telephone if you believe that your account information is being misused by a third party so that we may suspend your account.
  5. If you are using the Website, we strongly recommend that you disable any automatic password memory in your browser prior to use and that you run appropriate anti-spyware, firewall and virus protection on your computer on a regular basis.
3. Contribution of Funds and Operation of Trust
  1. In accordance with clause 4.1.1 above, to open an account you need to contribute funds into the Trust which will be held by the Trustee on your behalf by way of security to meet any payment obligations you may incur as a result of placing offers for bets or accepting offers to bet with us on our Exchange, on the Tote Betting Platform or on the Australian Multiples Betting Platform. Details of how to make payments into the Trust and of the manner in which the Trust is operated are set out in the terms of the Trust Deed available on our website.
4. Exposure management
  1. Your betting limit is represented by your 'Available to Bet' balance determined in accordance with the terms of the Trust.
  2. Once the outcome of a bet is determined, the winnings (less commission) will be held by the Trustee for the use of the winner of the bet.
USE OF BETFAIR AUSTRALIA'S SERVICES
1. The Exchange carries offers by us for bets that remain available for acceptance by you at any time. These can either be viewed on the Website or be communicated to you by a Betfair Telephone Operator. We provide our customers with the following help facilities: (i) on the 'Help' section of the Website itself; (ii) by email and by telephone with our customer helpdesk; and (iii) by telephone with our Telephone Betting Service. However, you are responsible for understanding the contents and operation of our Exchange. We reserve the right to change the format of the services we offer in order to enhance such services and we reserve the right to record ALL telephone calls to Betfair Australia (including telephone bets for the Tote Betting Platform) and to monitor all information relating to betting on customers accounts for which purposes you consent in accordance with the requirements of applicable privacy laws.
2. With respect to the Telephone Betting Service, you should note that instructions communicated by you to a Betfair Telephone Operator will be read back to you by the Operator to ensure that they have been correctly understood. This will cause a slight delay in the processing of your instruction but is imperative to ensure that oral instructions have been correctly understood. No instruction will be carried out unless the Operator is comfortable that your instruction has been read back in its entirety and that you have confirmed that it is correct (and therefore, in the event that the call is interrupted for any reason, your instruction will not be executed).
3. All calls to the Telephone Betting Service are recorded in order to provide verification that instructions have been properly understood and executed. In the event that you should subsequently disagree with any bet that has been placed, you should contact the Telephone Betting Service as soon as possible.
4. We may decide (at our discretion) to offer you a Telephone Betting Service where a Betfair Telephone Operator places bets for you, based on your instructions, after (rather than during) a telephone call. In this situation the Betfair Telephone Operator will endeavour to get the bet matched in accordance with your instructions although Betfair cannot guarantee that the bet will be matched and it remains your responsibility to ensure that the bet is matched.
5. Customers 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 customers should not assume that they 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 customers. Betfair Australia 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 Market which has the purpose or effect of adversely affecting the integrity of the Exchange or any Betfair Australia market.
6. We may determine, at our discretion, when the Exchange is open for the placing of bets and, though we will at all times use reasonable endeavours to settle markets as quickly as possible, we give no assurances as to the timeframe in which markets will be settled.
7. We may determine, at our discretion, to take steps to block you from placing bets via the Exchange if you are located in certain jurisdictions. For example, it is Betfair's longstanding and continued policy not to allow bets from people located in the United States of America and we have put restrictions in place to attempt to prevent you from placing bets via the Exchange if you are located in the United States of America.
OFFERS FOR BETS ON THE EXCHANGE
1. Any offer for a bet that you make will refer to a Market available on Betfair Australia and will include the Odds or Price at which you are prepared to Back, Lay, Sell or Buy an outcome and the maximum amount of money you are prepared to stake.
2. You agree to appoint the Company as your agent: (i) for the communication of your orders for bets with us; and (ii) for receipt of communications of acceptance of your orders for bets with us. To the extent that you use the Telephone Betting Service, you agree to appoint the Telephone Operator as your agent for the communication of your orders for bets with us.
3. An offer which you make for a bet is open for acceptance by us as a principal counterparty in whole or in part in accordance with these Terms and Conditions. We will only accept your offer for a bet to the extent that it can exactly match the risk to us of accepting your offer through one or more other customers who use our service contemporaneously accepting an offer by us in the same terms.
4. You bet with us, not with other customers who use our service. We do not permit customers to bet with each other under any circumstances. We will post the details of your offer to us on our Exchange. An offer so posted on our Exchange also constitutes an offer by us to each of our other customers which may be accepted by them in accordance with the Terms and Conditions applicable to that customer. You offer to bet at the Odds or Price you select or at better Odds or a better Price, which may be higher or lower, depending on whether you are Backing, Laying, Selling or Buying an outcome, without increasing your exposure, if that is to your advantage.
5. An offer for a bet that you make on the Exchange remains open for acceptance by us unless properly cancelled by you in accordance with Clause 8 below.
6. Your offer to us for a bet may be posted on Betfair Australia in isolation or in combination with other offers for bets on the same Market. We will not identify you to our other customers as the originator of the offer to us unless required to do so by law or otherwise in accordance with the provisions of our Privacy Policy.
7. Your offer to us will only be valid and open for acceptance if it is made in accordance with our terms. We reserve the right to refuse to post your offer on our Exchange without giving prior notice.
8. If we allow you to make an offer for a bet and subsequently suspect that you are or were, at the time of making the offer, in breach of this agreement, we may, at our absolute discretion, withdraw your offer from our Exchange, void any bets outstanding to your account and terminate your account.
9. You are entirely responsible for the information that you provide us concerning the offer that you wish to place. We will not enquire into the reasonableness of any offer that you may make. We will not be liable for incorrect entries made by you on the Website, including data input errors with respect to the Odds, Price or stake on offer. Similarly we will not be liable for incorrect bet requests communicated by you to a Betfair Telephone Operator.
10. Once you have confirmed that you wish to place a particular order for a bet, you agree to leave the offer for that bet open for acceptance by us, subject to termination of the offer by us or your valid cancellation of the offer in accordance with Clause 8 below.
11. Once your offer for a bet is accepted by us, you will not be able to change the terms of your offer even if you had intended to cancel your offer but failed to do so or the message to us to cancel your offer was not received and processed by the Exchange before the bet was accepted.
12. We may determine, at our absolute discretion, when our Exchange is open for the posting of offers for bets on any particular Market and may close the Exchange at any time at our absolute discretion.
13. In the interests of maintaining integrity and fairness in the Markets we may at our sole and absolute discretion, decide to suspend betting on a Market earlier than anticipated by our Rules and Regulations and/or void a Market in its entirety.
ACCEPTANCE OF BETS ON THE EXCHANGE
1. You may use the Website or the Telephone Betting Service to accept offers for bets that are available for acceptance on our Exchange. You can obtain details of what offers for bets are available either by visiting the relevant Market on the Website or by contacting our Telephone Betting Service. Offers for bets on our Exchange are offers made by us as a principal counterparty. Unless we determine otherwise, each offer for a bet made by us is conditional and only capable of acceptance to the extent that we can exactly match the risk to us of you accepting the offer, by us contemporaneously accepting one or more offers for opposing bets made by other customers who use our service. We may withdraw an offer by us for a bet at any time without notice.
2. While we will attempt to ensure that offers for bets are correctly displayed (or, in the case of the Telephone Betting Service, correctly communicated by a Telephone Operator) and are effectively outstanding, we do not guarantee that every offer displayed as outstanding on the Website (or communicated by a Telephone Operator as being outstanding) will be available for your acceptance. All or part of the offer of a bet displayed on the Website or communicated by a Telephone Operator as available on the Exchange at specific Odds or Price may be successfully cancelled by us before your acceptance is processed by the Exchange (this risk is particularly relevant where you are using the Telephone Betting Service because your instruction will have to be read back to you before being sent to the Exchange, inevitably causing a further slight delay). In this case, the offer for a bet will be withdrawn before your acceptance of that offer is acknowledged. Your failed attempt to accept the bet formerly on offer will however be received by us as a new offer available for acceptance by us in accordance with these Terms and Conditions.
3. When you accept an offer to bet as posted on the Exchange, you are betting with us and not with other customers who use the Exchange.
4. Once you have accepted an offer by us to bet, you will not be allowed to change the terms of that bet or cancel or withdraw from that bet. Acceptance of an offer by us for a bet, once received by us, concludes the bet.
5. We will attempt to match your order on your behalf with offers by us to bet made on our Exchange so that you will receive either the Odds or Price that you have requested or better Odds or a better Price, which may be higher or lower, depending on whether you are Backing, Laying, Selling or Buying an outcome, without increasing your exposure, if that is to your advantage.
6. We will display all accepted bets on the 'Current Bets' page on the Website. If you are using the Telephone Betting Service, your 'Current Bets' may be given to you by a Betfair Telephone Operator.
7. You are able to check on the 'Current Bets' page on the Website or by telephoning the Telephone Betting Service which of your offers for bets either remain outstanding or have been matched.
8. You may only accept offers to bet using our Exchange in accordance with the 'Rules and Regulations'. We will not recognise any purported acceptance made by means other than either (i) online, by completing the betting slip or 'bet manager' screen for the relevant bet on the Website or (ii) if you are using the Telephone Betting Service, by your clear instruction to a Betfair Telephone Operator.
CANCELLATION OF AN OFFER FOR A BET ON THE EXCHANGE
1. Unmatched offers for bets posted on our Exchange (whether via the Website or via the Telephone Betting Service) may be withdrawn at any time, unless and until they have been accepted, either by (i) cancelling the relevant offer for a bet in the 'view / edit / cancel unmatched bets' section of the relevant Market on the Website or (ii) by instructing a Betfair Telephone Operator to cancel the relevant offer for a bet.
2. If you are using the Website, the cancellation of an outstanding offer for a bet becomes effective when your instruction to cancel is successfully received and processed by the Exchange. If you are using the Telephone Betting Service, the cancellation of an outstanding offer for a bet becomes effective when the Betfair Telephone Operator relays your instruction to the Exchange and the server processes your instruction to cancel. In the event that the Exchange fails to receive and process the cancellation in good time, you acknowledge that your offer may remain outstanding and available for acceptance.
3. If you attempt to cancel an offer for a bet that is outstanding, you may not be able to do so if we have partially or wholly accepted your bet during the interval between your submitting the cancellation request and that request being processed by the Exchange. In this case, your original offer, or part thereof, will be validly accepted and settled.
4. We will cancel any offers for bets that remain outstanding at the time that we close a Market.
USE OF THE TOTE BETTING PLATFORM
1. When you make a bet on the Australian Tote via the Tote Betting Platform you are betting with Tote Tasmania through Betfair Australia which is acting as agent for Tote Tasmania on the basis of price data and related content owned, controlled and transmitted directly by Tote Tasmania to the Tote Betting Platform which shall be final. When you make a bet on the Australian Tote you accept the terms and conditions of Tote Tasmania which are available at www.thetote.com.au.
2. An offer which you make for a bet is open for acceptance by Betfair Australia as an agent for Tote Tasmania in whole or in part in accordance with these Terms and Conditions.
3. You are entirely responsible for the information that you provide us concerning the offer that you wish to place. We will not enquire into the reasonableness of any offer that you may make. We will not be liable for incorrect entries made by you on the Tote Betting Platform, including data input errors with respect to odds, prices or stake on offer.
4. Once your offer to bet has been accepted by Tote Tasmania (through Betfair Australia acting as its agent), you will not be allowed to change the terms of that bet or cancel or withdraw from that bet. Acceptance of an offer by Tote Tasmania, which will be communicated by Betfair Australia as its agent, concludes the bet.
5. You may only make offers to bet on the Australian Tote markets in accordance with Tote Tasmania's rules and regulations that apply to each product and are available at: http://www.thetote.com.au/betfair/Help.aspx
6. You consent to allow us to remove funds from your Australian wallet, on behalf of Tote Tasmania, and transmit such funds to Tote Tasmania to allow your bets on Australian Tote markets to be accepted by Tote Tasmania. A deduction from stakes applies to bets placed on Australian Tote markets, as set out in Tote Tasmania's rules and regulations which apply to that product.
7. We may determine, at our own discretion, when the Tote Betting Platform is open for the placing of bets and though we will at times use reasonable endeavours to settle bets as quickly as possible, we give no assurances as to the timeframe in which markets will be settled. Tote Tasmania will settle the Australian Tote markets in accordance with their rules and regulations and we, acting as agents of Tote Tasmania, will transmit any winnings back to your Australian wallet. We reserve the right to reverse settlement, acting as agents for Tote Tasmania, in the event of an Australian Tote market being settled incorrectly. This may lead to amendments being made to your balance to reflect changes in market settlement and if there are insufficient funds in your account we may demand that you put funds into your account to address the outstanding balance
8. Your bet on an Australian Tote market will not be considered "on" until you have received confirmation from Betfair Australia that the bet has been accepted by Tote Tasmania.
9. If there is communication or computer failure with the Tote Betting Platform or Tote Tasmania's computer system ("Material Computer Failure") after bets on the Australian Tote have been accepted by Betfair Australia acting as agent of Tote Tasmania, resulting in the non-transmission of the bets to the Australian tote pools prior to the off of the relevant race or the closure of the relevant tote pool, whichever comes earlier, the bets on the Australian Tote markets will be void and the stake returned to you. Betfair Australia or Tote Tasmania will not be liable for any loss suffered due to bets being made void due to a Material Computer Failure.
USE OF THE AUSTRALIAN MULTIPLES PLATFORM
1. When you make a bet on Australian Multiples markets via the Australian Multiples Betting Platform you are betting with Sports Alive through Betfair Australia which is acting as agent for Sports Alive on the basis of price data and related content owned, controlled and transmitted directly by Sports Alive to the Australian Multiples Betting Platform which shall be final. When you make a bet on Australian Multiples markets you accept the terms and conditions of Sports Alive which are available at: https://www.sportsalive.com/index.php?categoryid=5&p1809_sectionid=3 and the privacy policy of Sports Alive which is available at https://www.sportsalive.com/index.php?categoryid=7&p1809_sectionid=10.
2. An offer which you make for a bet is open for acceptance by Betfair Australia as an agent for Sports Alive in whole or in part in accordance with these Terms and Conditions.
3. You are entirely responsible for the information that you provide us concerning the offer that you wish to place. We will not enquire into the reasonableness of any offer that you may make. We will not be liable for incorrect entries made by you on the Australian Multiples Betting Platform, including data input errors with respect to odds, prices or stake on offer.
4. Once your offer to bet has been accepted by Sports Alive (through Betfair Australia acting as its agent), you will not be allowed to change the terms of that bet or cancel or withdraw from that bet. Acceptance of an offer by Sports Alive, which will be communicated by Betfair Australia as its agent, concludes the bet.
5. You may only make offers to bet on the Australian Multiples markets in accordance with Sports Alive’s Rules that apply to each product and are available at: https://www.sportsalive.com/index.php? categoryid=5&p1809_parentid=3&p1809_sectionid=3&p1809_pageid=51.
6. You consent to allow us to remove funds from your Australian wallet, on behalf of Sports Alive, and transmit such funds to Sports Alive to allow your bets on Australian Multiples markets to be accepted by Sports Alive.
7. We may determine, at our own discretion, when the Australian Multiples Betting Platform is open for the placing of bets and though we will at times use reasonable endeavours to settle bets as quickly as possible, we give no assurances as to the timeframe in which markets will be settled. Sports Alive will settle the Australian Multiples markets in accordance with their rules and regulations and we, acting as agents of Sports Alive, will transmit any winnings back to your Australian wallet. We reserve the right to reverse settlement, acting as agents for Sports Alive, in the event of an Australian Multiples market being settled incorrectly. This may lead to amendments being made to your balance to reflect changes in market settlement and if there are insufficient funds in your account we may demand that you put funds into your account to address the outstanding balance.
8. Your bet on an Australian Multiples market will not be considered “on” until you have received confirmation from Betfair Australia that the bet has been accepted by Sports Alive.
9. If there is communication or computer failure with the Australian Multiples Betting Platform or Sports Alive’s computer system (“Material Computer Failure”) after bets on Australian Multiples markets have been accepted by Betfair Australia acting as agent of Sports Alive, resulting in the non-transmission of the bets to Sports Alive prior to the closure of the relevant market, the bets on the Australian Multiples markets will be void and the stake returned to you. Betfair Australia or Sports Alive will not be liable for any loss suffered due to bets being made void due to a Material Computer Failure.
TERMS APPLICABLE TO ALL BETS
1. Cancellation, Termination, Suspension and breach.
  1. Without restricting our ability to rely on other remedies that may be available to us, we may restrict your access to the Exchange, the Tote Betting Platform or the Australian Multiples Betting Platform, suspend or terminate your account or cancel any unmatched bets in our absolute discretion without cause at any time, including (without limitation) if: (i) we suspect that you are engaging in illegal or fraudulent activity while using our Exchange, the Tote Betting Platform or the Australian Multiples Betting Platform; (ii) we suspect you are breaching any term of this agreement; (iii) we suspect you are acting in a manner that is detrimental to the conduct of our business or which may result in legal liability for you, for the Company or for third parties; or (iv) we suspect that you may be having difficulties obtaining credit. In addition, if formally requested by the Police, gambling regulators, insolvency or taxation authorities (whether based in Australia or elsewhere) or in the event that you fail to provide us with sufficient information to identify yourself in accordance with our own internal procedures or those imposed on us by regulatory authorities (whether based in Australia or elsewhere) we may suspend your account and all functionality relating to the use of your accounts (e.g. bet management and cash withdrawal) and withhold from you any funds in your account pending determination of any criminal or other legal proceedings or investigation to which such a request may relate or until you provide the necessary "know your client" or "age verification" information.
  2. Irrespective of whether we suspend or terminate an account and notwithstanding any other provisions in these Terms and Conditions, we may decide to cancel and void any outstanding or matched bets if required by law or in accordance with our agreement with Tote Tasmania or Sports Alive or at our absolute discretion where (i) there is a technological failure, or (ii) we suspect that you have (or may have) breached any Terms and Conditions in this agreement or (iii) we have the right to do so as set out in our Rules and Regulations, Tote Tasmania's Rules or Sports Alive’s Rules. In relation to any cancelled or void bets, we reserve the right to take any money from your account relating to these bets or, if there are insufficient funds in your account, demand that you pay us the relevant outstanding amount relating to these bets.
  3. You may suspend or terminate your account at any time upon notice to Betfair Australia.
  4. On termination or suspension of your account, in most cases we will return any funds in your account to you. However, we reserve the right to withhold the funds in your account from you where we suspect the account has been linked with fraudulent or dishonest activity or where we have to withhold the funds in your account by law or to comply with any advice, request or instruction from any governmental, regulatory or enforcement authority.
  5. For the avoidance of doubt at no point during any such period when we have withheld your funds will interest accrue to you on such funds.
2. Applicable thresholds: Minimum and maximum amounts.
  1. You may only place orders with a minimum stake if you are using the Exchange of AUD$5. The minimum stake for betting on the Tote Betting Platform is outlined in the Rules & Regulations for the Australian Tote. The minimum stake for betting on the Australian Multiples Betting Platform is outlined in the Rules & Regulations for the Australian Multiples. These minimum bet sizes are subject to change and may differ depending on whether you are using the Website or the Telephone Betting Service.
  2. You may not make any offer for a bet or accept a bet that results in your Current Exposure exceeding the lesser of: (i) your Available to Bet balance, or (ii) your Exposure Limit, which for new accounts is set to AUD$15,000 (or equivalent).
  3. In the event that we inadvertently process an offer for a bet or the acceptance of a bet in an amount outside the applicable thresholds, such bet will nevertheless stand and be subject to the other terms of this agreement.
3. Nature of bets.
  1. You acknowledge that all bets placed on the Exchange by you, be they Odds bets, Line bets or Range bets are actually a combination of one or more fixed odds bets. The exact combination of odds is shown in the betting slip, either directly (for Odds and Line bets), or (for Range bets) by clicking on the 'Odds Equiv' button.
  2. You accept that you consider yourself to be adequately informed of your possible exposure, if using the Website, by the details given on the betting slip (if you are in any doubt about this, you should consult with the relevant 'How to bet' demo under the 'Help' section on the Home Page before proceeding), and if using the Telephone Betting Service, by the details given by the Betfair Telephone Operator.
  3. You accept that any amounts lost by you under any bet should not under any circumstances be recoverable from us TSECL, Tote Tasmania or Sports Alive.
  4. Tasmanian legislation prohibits interested persons (such as owners and trainers of horses and greyhounds and their associates) from placing certain types of bets on certain animals. This prohibition is set out in section 76ZDM of the Gaming Control Act 1993 (Tas). If you do so you may face fines and/or imprisonment and your account may be closed.
4. Bet Settlement.
  1. We will settle our markets in accordance with our 'Rules and Regulations'. We reserve the right to reverse settlement in the event of a market being settled incorrectly. This may lead to amendments being made to your balance to reflect changes in market settlement and if there are insufficient funds in your account we may demand that you put funds into your account to address the outstanding balance.
  2. Any amount of winnings or losses relating to your bets on a market will be rounded to the nearest two decimal places. If the amount ends in 0.5 it will be rounded up.
COMMUNICATIONS AND NOTICES
1. Communications and notices to be given under this agreement (other than those exchanges of information occurring in the normal operation of the site) should be sent to us in the manner prescribed in the 'Contact us' pages (accessible within this document and on the Website).
THE COMPANY
1. Commission and payment structure.
  1. We provide you with a platform which enables you to place bets, in consideration of which we will be paid a commission. The commission payable is generally between 2 and 5 per cent (but subject to variation by market type) calculated on your net winnings on a market. In the event that you have net losses on a market, no commission will be deducted. The amount of commission charged on a market will be stated in the Rules for the market and Betfair reserves the right to amend this from time to time. Commission is inclusive of GST.
  2. If you place more than a specified number of transactions on the Exchange you may also be charged a transactional fee. We will use reasonable endeavours to inform you if your activity incurs a transactional fee.
  3. If you make more than a specified number requests for Betfair data you may also be charged a data request fee. We will use reasonable endeavours to inform you if your activity incurs a data request fee.
  4. Separately Betfair may levy a premium charge on your account should the amount of commission (together with 2 per cent of stake wagered into Australian Totalizator Pools via Betfair) generated in respect of your account be less than a specified percentage of profits you have made over a given period of time. Again we will use reasonable endeavours to inform you if your activity incurs a premium charge.
  5. In these Terms and Conditions, references to 'Fees' shall include commission (as described in 13.1.1), transactional fees (as described in 13.1.2), data request fees (as described in 13.1.3), the premium charge (as described in 13.1.4), and any other payments levied by Betfair on customers from time to time. For further information on Fees see 'Betfair Charges' in the 'About Us' section of the Website and you shall be bound by these.
  6. We reserve the right to amend our policy on Fees from time to time.
  7. We will calculate the amount of Fees you owe us at the time of settling the outcome of the Market and notify the Trustee accordingly. Upon the Trustee deducting any amount you owe us from your share in the Trust assets and holding such amount on trust for us, your obligation to pay us this amount shall be discharged. The Fees will be deducted by the Trustee from the funds you have paid into the Trust and will be paid to us. Please see the Trust Deed for further details.
  8. Any Fees owed to us will be rounded to the nearest two decimal places. If the amount ends in 0.5 it will be rounded up.
2. Indemnity.
  1. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of your breach of this agreement including documents incorporated by reference into this agreement or out of your violation of any law or the rights of any third party.
  2. You acknowledge that the Company and its subsidiaries will hold information with respect to your identity, including but not limited to your name, address and payment details. You agree that we rely on this information in entering into this agreement with you and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide us.
3. Matters beyond our reasonable control.
  1. We are not liable for any loss or damage that you may suffer because of any: act of God; power cut; trade or labour dispute, act, failure or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party. In such an event, we reserve the right to cancel or suspend our services without incurring any liability.
  2. We are not liable for the failure of any equipment or software howsoever caused, wherever located or administered, or whether under our direct control or not, that may prevent the operation of our betting services, impede the placing of orders for bets or the matching of bets, or prevent you from being able to contact us.
  3. We are not liable for the acceptance or settlement of any offers for bets where we do not receive communication of that acceptance or where we are unable to display that bet in the 'My account' pages of our Website or we have not received your instruction to cancel an offer for a bet or, for any reason, we fail to process any instruction in good time.
4. Limitation of liability.
  1. We exclude all representations and warranties as to the Exchange's, the Tote Betting Platform's or the Australian Multiples Betting Platform’s satisfactory quality and/or fitness for its intended purpose.
  2. We will not be liable to you for any loss that you may incur as a result of misuse of your password, or in the case of the Telephone Betting Service, of your TAN, and we accept no liability resulting from its unauthorised use, whether fraudulent or otherwise.
  3. In no event will we, or any of our suppliers, accept any liability however arising for any losses you may incur as a result of placing bets or otherwise by your use of the Exchange, the Tote Betting Platform, the Australian Multiples Betting Platform or our services. Under no circumstances will our liability under these Terms and Conditions or for breach of contract, tort, equity or otherwise exceed your maximum permitted exposure as set out in Clause 11.2.2. Under no circumstances will we be liable for any indirect, special or consequential damages, loss or profits (direct or indirect) or the benefit of any bet arising from breach of contract, negligence, equitable duty (including for the avoidance of doubt in relation to any bet(s) or Market(s) voided by us or any Australian Tote markets voided by Tote Tasmania or any Australian Multiples markets voided by Sports Alive) or other liability even if we had been advised of or known (or should have known) of the possibility of such damages or loss.
  4. Nothing in these Terms and Conditions excludes our liability with respect to death and personal injury resulting from our negligence, or that of our employees, agents or subcontractors.
5. Intellectual property.
  1. Betfair® and the Betfair logo are registered trademarks of TSEL and TSEL is the sole owner of the same. Any unauthorised use of the Betfair trademarks may result in prosecution.
  2. www.betfair.com.au is the uniform resource locator ('URL') of our Company and no unauthorised use may be made of this URL (or any other URL owned by us) on another website or digital platform without our prior written consent www.thetote.betfair.com is the URL for the Tote Betting Platform and no unauthorised use may be made of this URL or any other URL owned by Tote Tasmania on another website or digital platform without Tote Tasmania's written consent. https://www.sportsalive.com is the URL for the Australian Multiples Betting Platform and no unauthorised use may be made of this URL or any other URL owned by Sports Alive on another website or digital platform without Sports Alive’s written consent.
  3. The Tote and Triwin are registered trademarks of Tote Tasmania and Tote Tasmania is the sole owner of the same. Any use of Tote Tasmania trademarks by Betfair are under licence from Tote Tasmania for the purposes of permitting Betfair to advertise and accept bets as Tote Tasmania's agent. Any unauthorised use of Tote Tasmania's trademarks may result in prosecution.
  4. Sports Alive are registered trademarks of Sports Alive and Sports Alive is the sole owner of the same. Any use of Sports Alive’s trademarks by Betfair is under licence from Sports Alive for the purposes of permitting Betfair to advertise and accept bets as Sports Alive’s agent. Any unauthorised use of Sports Alive’s trademarks may result in prosecution.
  5. You agree to assign to TSEL any intellectual property rights (including copyright) in any bets placed by you on the Exchange, on the Tote Betting Platform or on the Australian Multiples Betting Platform. TSEL owns all rights in any price data and related content on the Exchange. Tote Tasmania owns all rights in any price data and related content on the Tote Betting Platform. Sports Alive owns all rights in any price data and related content on the Australian Multiples Betting Platform. Your registration and use of our Exchange, the Tote Betting Platform or the Australian Multiples Betting Platform confers no rights whatsoever to the content and related intellectual property rights contained in our Exchange, on the Tote Betting Platform or on the Australian Multiples Betting Platform. You agree not to monitor, use or copy our web pages or any content on the Exchange, the Tote Betting Platform or the Australian Multiples Betting Platform, including without limitation any price data. Any unauthorised use or reproduction may be prosecuted.
  6. Data provided for use on the Website, the Tote Betting Platform or the Australian Multiples Betting Platform may not be used for any commercial purposes.
  7. You grant Betfair Australia an irrevocable, perpetual license to all forum postings by you to use or reproduce for any purpose whatsoever.
6. Assignment.
  1. You may not assign any part of this agreement but Betfair Australia may assign this agreement to its subsidiaries or parent company without notice to you.
7. Information Services.
  1. From time to time Betfair Australia may provide you with access to various information and content (e.g. form data, results, video streaming) via the Website (including micro-sites and as part of any runner data and/or results service) and/or, the Telephone Betting Service emails. Further Betfair Australia may provide you with links to third party websites which may include information.
  2. The information referred to in 13.7.1 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, we make no representations or warranties of any kind, including but not limited to, the accuracy, quality or completeness of the information.
  3. We shall not be liable for any action taken by you as a result of your relying on any information referred to in 13.7.1 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 us.
  4. Any links from the Website to third party websites do not constitute an endorsement by us of any products or services available on such websites. You use such websites at your own risk and we take no responsibility for the content on, or use of, such websites.
8. Betfair Forum
  1. From time to time Betfair may provide you with access to an online chat forum (the "Betfair Forum"). If you use the Betfair Forum you agree to be bound by any Betfair Forum terms and conditions which appear on the Website from time to time. The Betfair Forum terms and conditions are incorporated into these terms and conditions by reference.
  2. We shall not be liable to you for any defamatory postings made by you or in relation to you. You agree to indemnify Betfair against loss suffered by Betfair or TSEL or any TSEL subsidiary company as a result of any Betfair Forum posting made by you.
  3. You grant Betfair an irrevocable, perpetual license to all forum postings by you to use or reproduce for any purpose whatsoever.
9. Exchange Access
  1. These terms and conditions apply to you, through whatever means you access the Exchange.
  2. You agree to accept any other Betfair terms and conditions giving you access to the Exchange, the Tote Betting Platform or the Australian Multiples Betting Platform, including those relating to Betfair Mobile or for a licence to the Betfair Application Programming Interface ("API"). Any such terms and conditions are incorporated by reference into these terms and conditions.
SEVERABILITY
1. In the event that any provision of these Terms and Conditions is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.
DISPUTE RESOLUTION
1. In event of a dispute arising between us and you (other than in relation to bets placed on Australian Tote markets or Australian Multiples markets), our customer service staff will attempt to reach an agreed resolution provided always that nothing in these Terms and Conditions limits a customer's (your) legal right to make a complaint to the Tasmanian Gaming Commission, in the manner provided for in the Gaming Control Act 1993.
2. Should our customer service staff not be able to reach an agreement with you, our senior management and/or Board of Directors may intervene to resolve any outstanding grievance. You agree to follow any grievance/dispute policy Betfair Australia may put in place from time to time. You should exhaust this process before taking any grievance/dispute to any relevant betting industry regulator or independent betting dispute resolution body that is recognised by Betfair Australia under its betting grievance/dispute policy from time to time.
3. In the event of a dispute arising between you and Tote Tasmania relating to bets placed on Australian Tote markets or Australian Tote markets in general, you are required to adhere to Tote Tasmania's terms and conditions and any complaint will be dealt with by Tote Tasmania via Betfair acting as its agent. The application of Tote Tasmania's Rules to the Australian Tote markets will be at the sole discretion of Tote Tasmania. If your dispute relates to the actions of Betfair Australia in assisting you to bet on Australian Tote markets you have the right to make a complaint to the Tasmanian Gaming Commission.
4. In the event of a dispute arising between you and Sports Alive relating to bets placed on Australian Multiples markets or Australian Multiples markets in general, you are required to adhere to Sports Alive’s terms and conditions and any complaint will be dealt with by Sports Alive via Betfair acting as its agent. The application of Sports Alive’s Rules to the Australian Multiples markets will be at the sole discretion of Sports Alive. If your dispute relates to the actions of Betfair Australia in assisting you to bet on Australian Multiples markets you have the right to make a complaint to the Tasmanian Gaming Commission.
GENERAL
1. This agreement is governed by the laws of the State of Tasmania, Australia.
2. The courts of Tasmania have exclusive jurisdiction in relation to disputes under this agreement.
3. These Terms and Conditions have been prepared in various languages other than English for reference only. In the event of any differences between the English version of the Terms and Conditions (accessible from the homepage of www.betfair.com.au) and this version, the English version shall prevail.
4. This agreement and the terms expressly incorporated into it constitute the entire and only agreement between the parties with regards to its subject matter and each party confirms that it has not been induced to enter into this agreement in reliance upon, nor has it been given, any warranty (including in particular any warranty as to merchantability, fitness for purpose or uninterrupted functionality), representation, statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature whatsoever other than as are expressly set out in this agreement and, to the extent that it has been, it unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have had in relation thereto.
5. No failure or delay by a party to exercise any of its rights under this agreement shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right.

V 01/09 16/06/09

TERMS AND CONDITIONS FOR BETTING BY NON-UK CUSTOMERS

INTRODUCTION TO GENERAL COUNTERPARTY TERMS AND CONDITIONS

LICENCE CODE: MALTA

These Counterparty Terms and Conditions only apply to people registered with Betfair from outside the United Kingdom, betting on events other than an Australian event.*

Betfair International ('Betfair') is a partnership registered in Malta, number P1145. Our registered offices are at The Cornerstone Complex, Level 2, 16 September Square, Mosta, Malta MST1180. Betfair provides a betting facility (the 'betting facility') for betting transactions to be made on markets ('Markets') which is accessible either online (the 'Website' facility) or by telephone (the 'Telephone Betting Service'). We may offer other gambling services from time to time in which case, unless stated otherwise, these terms and conditions (the 'Terms and Conditions') will apply to such gambling services in the same manner as they apply to bets struck with us as described below.

Betfair is licensed and regulated in Malta by the Malta Lotteries and Gaming Authority ('LGA'). The LGA is the regulator for all forms of gaming in Malta. For further information about the LGA please go to www.lga.org.mt.

Betfair reserves the right to switch the operation of the betting facility 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, to ensure that the betting facility will be available to you, subject to the terms of this agreement (the 'Agreement').

Special Guidelines for German Customers

You are given access to the betting facility by TSE Global Limited, Waterfront, Hammersmith Embankment, Winslow Road, London W6 9HP ('TSE Global'). TSE Global acts as intermediary between you and Betfair in respect of transmitting data. Under these Terms and Conditions you have a contractual relationship with Betfair only. Any Fees paid by you under clause 11.1 are paid to Betfair and no separate payment is made by you to TSE Global for the provision of services provided by TSE Global.

AGREEMENT (COUNTERPARTY TERMS AND CONDITIONS)

EFFECT OF THIS AGREEMENT
1. By agreeing to these Terms and Conditions and/or by continued use of the betting facility, you are bound by the entirety of this Agreement and by our 'Rules and Regulations' and 'Privacy Policy' that are incorporated by reference into these Terms and Conditions. If there is any inconsistency between these Terms and Conditions and any document incorporated by reference, these Terms and Conditions will prevail.
2. 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 placing a notice of such change on a prominent position on the Website, together with the changed terms and conditions). It is your responsibility to check these Terms and Conditions and the Privacy Policy from time to time to ensure that you agree with them and your continued use of the betting facility will be deemed to be your acceptance of any changes to the Terms and Conditions and Privacy Policy. Any bets matched prior to the time of amendment and notification of the changed terms and conditions will be subject to the pre-existing Terms and Conditions. Any bets matched after the time of amendment and notification of the changed terms and conditions will be subject to the changed terms and conditions.
YOUR REPRESENTATIONS
1. You are 18 years of age or over, of sound mind and capable of taking responsibility for your own actions.
2. You can enter into a legally binding agreement with us and you are the person whose details are provided in connection with your Betfair registration or, in the case of legal entities, you are a duly authorised representative of the relevant legal entity. In the event that another person trades on your account you are solely responsible for all their actions whether or not their access was authorised by you and for this purpose you hereby indemnify Betfair and hold Betfair harmless against all costs, claims, expenses and damages howsoever arising in connection with the use of or access to your account by any third party.
3. You understand that by using our services you may lose money on bets placed and accept that you are fully responsible for any such loss.
4. You will not use our services to bet via any means where it is prohibited to do so while located in the jurisdiction in which you are located. In particular, you will not bet or attempt to bet using the betting facility when you are located in the United States of America or such other restricted jurisdictions as Betfair may from time to time determine. The availability of the Website does not constitute an offer or invitation by Betfair to use the betting facility in any jurisdiction in which such use is illegal.
5. You agree it is your responsibility to verify that you are permitted to bet in any jurisdiction in which you are located.
6. You are acting as a principal and not as an agent on behalf of a third party.
7. You are not an undischarged bankrupt or in a voluntary arrangement with your creditors.
8. When paying money into the Trust (as defined in clause 4.1.1) you warrant that you are authorised to do so. You are making such payments in good faith and will not attempt to reverse a payment made into the Trust or take any action which will cause such a payment to be reversed by a third party, in order to avoid a liability legitimately incurred.
9. You undertake to use our services for legitimate betting purposes only. In particular you undertake not to (i) engage in any activity, which has the purpose or effect of causing damage to or in any way hindering our business operations or generating or increasing a liability on us, including without limitation any tax, levy or to any duty collecting authority; or (ii) bet on, or manipulate, any Market in a manner which we believe has the purpose or effect of adversely affecting the integrity of the betting facility or any such Market.
10. You will not attempt to hack, make unauthorised alterations or introduce any kind of malicious code to the Website by any means. Unless given prior approval by us, you will not (a) reverse engineer or decompile (whether in whole or part) any software available through the Website; or (b) make copies, modify, reproduce, transmit, alter or distribute all or any part of the Website or any material or information contained on it.
11. You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in connection with the forums or any other part of the Website including within your own username or forum name or other information contributed to the Betfair site.
12. You will not attempt to use the betting facility to deliberately transfer money from one Betfair account to another and all money that you deposit in your account is not tainted with any illegality and, in particular, does not originate from any illegal activity or source. You accept that any transactions made by you which Betfair deems suspicious, may be reported to the appropriate authorities.
13. You will not disguise or interfere in any way with the IP address of the computer you are using to access the betting facility or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing the betting facility.
14. You agree it is your responsibility to account for any tax or duty that may be imposed on you as a result of placing bets with Betfair.
15. You will not attempt to sell or otherwise transfer the benefit of your Betfair account to any third party and nor will you acquire or attempt to acquire another Betfair account which has been opened in the name of a third party.
16. You agree that you will not access any other Betfair account to use any of our services or products from which you have self-excluded, during the period of any such self-exclusion.
PRIVACY AND INDEMNITY
1. Any information you send us will be processed in accordance with our Privacy Policy (accessible on the Website or on request).
2. You agree to indemnify us and hold us harmless in respect of the release of any personal (or other) data pursuant to the terms of this Agreement.
ACCOUNTS AND PAYMENTS
1. Opening an account
  1. Before you are able to start betting with us, we will require you to first register with us. Additionally, you must have placed funds into a trust administered by The Sporting Exchange (Clients) Limited (the 'Trust'). Funds contributed by you to the Trust will be held and administered on, and subject to, the terms of the Trust. The Sporting Exchange (Clients) Limited, part of the Betfair group of companies, is the trustee of the Trust (the 'Trustee'). The terms of the Trust are set out in the Trust Deed which is accessible on our website.
  2. At our discretion we may not accept registration from persons resident in certain jurisdictions. For example, it is Betfair's policy not to accept registrations from persons resident in the United States of America.
  3. You agree to provide true, complete and accurate registration information, including without limitation your date of birth. You agree to inform us of any changes in such details.
  4. You authorise us to use any means that we consider necessary to verify your identity and creditworthiness with any third party providers of information.
  5. Registration will be conducted using secure server encryption.
  6. You will inform us as soon as you become aware of any errors with respect to your account or any calculations with respect to any bet you have placed with Betfair. We reserve the right to declare null and void any bets which are the subject of such an error.
2. Confirmation, passwords and telephone account numbers
  1. If you register with us via the Website, upon completion of registration, we will confirm by electronic mail to the address you have supplied that your account is open. If you register with us via the Telephone Betting Service, we will confirm registration by post.
  2. On registration via the Website, you will be required to choose a password for use of the Website and will automatically be given a telephone account number ('TAN') for use of the Telephone Betting Service (accessible under 'Profile' in the 'My Account' section of the Website). On registration via the Telephone Betting Service, you will be given your TAN by one of the operators manning the Telephone Betting Service phone lines (a 'Betfair Telephone Operator'). If you would subsequently like to use the Website as well, the Betfair Telephone Operator can provide you with a username and password at any stage.
  3. On registration via the Website or Telephone Betting Service, you will be required to choose the currency in which you operate your account. This will determine the currency in which you place offers for bets with us and the currency of all transactions with your credit or debit card.
  4. You agree to keep your username, password and/or TAN strictly confidential and you are responsible for any misuse of your password and/or TAN. Provided that we have been correctly supplied with the account information requested, we are entitled to assume that orders and payments are made by you. You should change your password on a regular basis and never disclose it to any third party. Passwords should contain a mixture of upper and lower case letters and numbers and/or symbols. Passwords are case sensitive and we recommend the use of passwords that include a combination of non obvious letters and numbers in different cases. This will help to prevent the risk of unauthorised use of your account. You undertake to protect your username and password in the same way as you would in respect of your bank cards and any failure to do so shall be at your sole risk and expense.
  5. You agree to inform us at once by electronic mail and by telephone if you believe that your account information is being misused by a third party so that we may suspend your account.
  6. If you are using the Website, we strongly recommend that you disable any automatic password memory in your browser prior to use and that you run appropriate anti-spyware, firewall and virus protection on your computer on a regular basis.
3. Contribution of Funds and Operation of Trust
  1. In accordance with clause 4.1.1 above, to open an account you need to contribute funds into the Trust which will be held by the Trustee on your behalf by way of security to meet any payment obligations you may incur as a result of placing offers for bets with Betfair. Details of how to make payments into the Trust and of the manner in which the Trust is operated are set out in the terms of the Trust Deed available on our website. Details of how to deposit funds into the Trust and of the limits you can apply to your account can be found in the 'Help' section of the Website.
4. Exposure management
  1. Your betting limit is represented by your 'Available to Bet' balance determined in accordance with the terms of the Trust.
  2. Once the outcome of a bet is determined, any winnings due to you (less commission) will be held by the Trustee on your behalf.
USE OF BETFAIR'S SERVICES
1. We provide our customers with the following help facilities: (i) on the 'Help' section of the Website itself; (ii) by email and by telephone with our customer helpdesk; and (iii) by telephone with our Telephone Betting Service. However, you are responsible for understanding the Website contents and operation of the betting facility. We reserve the right to change the format of the services we offer in order to enhance such services and we reserve the right to record ALL telephone calls to Betfair and to monitor all information relating to betting on customers' accounts for which purposes you consent.
2. With respect to the Telephone Betting Service, you should note that instructions communicated by you to a Betfair Telephone Operator will be read back to you by the Operator to ensure that they have been correctly understood. This will cause a slight delay in the processing of your instruction but is imperative to ensure that oral instructions have been correctly understood. No instruction will be carried out unless the Operator is comfortable that your instruction has been read back in its entirety and that you have confirmed that it is correct (and therefore, in the event that the call is interrupted for any reason, your instruction will not be executed).
3. All calls to the Telephone Betting Service are recorded in order to provide verification that instructions have been properly understood and executed. In the event that you should subsequently disagree with any bet that has been placed with Betfair, you should contact the Telephone Betting Service as soon as possible.
4. We may decide (at our discretion) to offer you a Telephone Betting Service where a Betfair Telephone Operator places bets for you, based on your instructions, after (rather than during) a telephone call. In this situation the Betfair Telephone Operator will endeavour to accept the bet on behalf of Betfair in accordance with your instructions although Betfair cannot guarantee that the bet will be accepted and it remains your responsibility to ensure that the bet is accepted.
5. We may determine, at our discretion, when the betting facility is available for the placing of bets with Betfair and, though we will at all times use reasonable endeavours to settle bets as quickly as possible, we give no assurances as to the timeframe in which bets will be settled.
6. We may determine, at our discretion, to take steps to block you from placing bets with Betfair if you are located in certain jurisdictions. For example, it is Betfair's policy not to accept bets from people located in the United States of America and we have put restrictions in place to attempt to prevent you from placing bets with Betfair if you are located in the United States of America.
YOUR OFFERS FOR BETS WITH BETFAIR
1. Any offer for a bet that you make to Betfair will refer to a Market available on Betfair and will include the Odds or Price at which you are prepared to Back, Lay, Sell or Buy an outcome and the maximum amount of money you are prepared to stake.
2. An offer which you make for a bet is open for acceptance by Betfair as a principal counterparty in whole or in part in accordance with these Terms and Conditions and for the purposes of this Agreement and your use of the Website, the term 'matched' means a bet accepted by Betfair and the term 'unmatched' means a bet offer made by you but not yet accepted by Betfair.
3. You bet with Betfair, not with other customers who use our service. You offer to bet at the Odds or Price you select or at better Odds or a better Price, which may be higher or lower, depending on whether you are Backing, Laying, Selling or Buying an outcome, without increasing your exposure, if that is to your advantage.
4. An offer for a bet that you make to Betfair remains open for acceptance by us unless properly cancelled by you in accordance with Clause 8 below.
5. We will not identify you as the party making the offer to Betfair unless required to do so by law or otherwise in accordance with the provisions of our Privacy Policy.
6. Your offer to Betfair will only be valid and open for acceptance if it is made in accordance with these Terms and Conditions.
7. If you make an offer for a bet and we subsequently suspect that you are or were, at the time of making the offer, in breach of this Agreement, we may, at our absolute discretion, reject your offer, void any bets outstanding to your account and terminate your account.
8. You are entirely responsible for the information that you provide to us concerning the offer that you wish to place with Betfair. We will not enquire into the reasonableness of any offer that you may make. We will not be liable for incorrect entries made by you on the Website, including data input errors with respect to the Odds, Price or stake on offer. Similarly we will not be liable for incorrect bet requests communicated by you to a Betfair Telephone Operator.
9. Once you have confirmed that you wish to place a particular order for a bet, you agree to leave the offer for that bet open for acceptance by Betfair, subject to termination of the offer by us or your valid cancellation of the offer in accordance with Clause 8 below.
10. Once your offer for a bet is accepted by Betfair, you will not be able to change the terms of your offer even if you had intended to cancel your offer but failed to do so or the message to us to cancel your offer was not received and processed before the bet was accepted by us.
11. We may determine, at our absolute discretion, when the betting facility is available for the posting of offers for bets on any particular Market and may close the betting facility at any time at our absolute discretion.
12. In the interests of maintaining integrity and fairness in the Markets we may, at our sole and absolute discretion, decide to suspend betting on a Market earlier than anticipated by our Rules and Regulations and/or void certain bets or all bets on a Market.
13. Notwithstanding any statement to the contrary in these Terms and Conditions, we may nominate one or more of our affiliate or joint venture companies to act as counterparty in respect of bets or offers for bets involving a certain category of our customers or a certain bet-type category (a 'Nominated Counterparty'). If we do so in relation to our agreement with you we will take reasonable steps to bring this to your attention.
ACCEPTANCE BY BETFAIR OF YOUR OFFER FOR BETS
1. You may use the Website or the Telephone Betting Service to make offers for bets that are available for acceptance by us.
2. All or part of an amount displayed on the Website or communicated to you by a Telephone Operator as available for you to make an offer at specific Odds or Price may be successfully withdrawn by us before your acceptance is processed by our server (this risk is particularly relevant where you are using the Telephone Betting Service because your instruction will have to be read back to you before being sent to the server, inevitably causing a further slight delay). In this case, the amount at a specific Odds/Price will be withdrawn before your offer in relation to it is acknowledged but your offer will still be received by Betfair as an offer available for acceptance by us in accordance with these Terms and Conditions.
3. Once Betfair has accepted your offer to bet, you will not be allowed to change the terms of that bet or cancel or withdraw from that bet. Acceptance by Betfair of an offer for a bet concludes the bet.
4. We will attempt to accept your offer so that you will receive either the Odds or Price that you have requested or better Odds or a better Price, which may be higher or lower, depending on whether you are Backing, Laying, Selling or Buying an outcome, without increasing your exposure, if that is to your advantage.
5. We will display all of your bets which we have accepted on the 'Current Bets' page within your account. If you are using the Telephone Betting Service, your 'Current Bets' may be given to you by a Betfair Telephone Operator.
6. You are able to check on the 'Current Bets' page within your account or by telephoning the Telephone Betting Service which of your offers for bets either remain outstanding or have been accepted by us.
7. You may only make offers to bet in accordance with the 'Rules and Regulations'. We will not recognise any purported offers to bet made by means other than either (i) online, by completing the betting slip or 'bet manager' screen for the relevant bet on the Website or (ii) if you are using the Telephone Betting Service, by your clear instruction to a Betfair Telephone Operator.
CANCELLATION OF AN OFFER FOR A BET
1. Your unmatched offers for bets (whether made via the Website or via the Telephone Betting Service) may be cancelled (i.e. withdrawn) at any time, unless and until they have been accepted by Betfair, either by (i) cancelling the relevant offer for a bet in the 'view / edit / cancel unmatched bets' section of the relevant Market on the Website or (ii) by instructing a Betfair Telephone Operator to cancel the relevant offer for a bet.
2. If you are using the Website, the cancellation of an outstanding offer for a bet becomes effective when your instruction to cancel is successfully received and processed by Betfair. If you are using the Telephone Betting Service, the cancellation of an outstanding offer for a bet becomes effective when the Betfair Telephone Operator relays your instruction to Betfair and the server processes your instruction to cancel. In the event that the server fails to receive and process the cancellation in good time, you acknowledge that your offer may remain outstanding and available for acceptance by Betfair.
3. If you attempt to cancel an offer for a bet that is outstanding, you may not be able to do so if Betfair has partially or wholly accepted your bet during the interval between your submitting the cancellation request and that request being processed by our server. In this case, your original offer, or part thereof, may be validly accepted at any point until we confirm your cancellation request to you (which at all times we will endeavour to do promptly).
4. We will cancel any offers for bets that remain outstanding at the time that we close a Market.
TERMS APPLICABLE TO ALL BETS
1. Cancellation, Termination, Suspension and breach
  1. Without restricting our ability to rely on other remedies that may be available to us, we may restrict your access to the betting facility, suspend or terminate your account or cancel any unmatched bets in our absolute discretion without cause at any time, including (without limitation) if: (i) we suspect that you are engaging in illegal or fraudulent activity while using the betting facility; (ii) we suspect you are breaching any term of this Agreement; (iii) we suspect you are acting in a manner that is detrimental to the conduct of our business or which may result in legal liability for you, for Betfair or for third parties; or (iv) we suspect that you may be having difficulties obtaining credit. In addition, if formally requested by the Police, gambling regulators, or relevant taxation or insolvency authorities or in the event that you fail to provide us with sufficient information to identify yourself in accordance with our own internal procedures, or those imposed on us by relevant regulatory authorities we may suspend your account and all functionality relating to the use of your accounts (e.g. bet management and cash withdrawal) and withhold from you any funds in your account pending determination of any criminal or other legal proceedings or investigation to which such a request may relate or until you provide the necessary 'know your client' or 'age verification' information.
  2. Irrespective of whether we suspend or terminate an account and notwithstanding any other provisions in these Terms and Conditions, we may decide to cancel and void any outstanding or matched bets if required at law or at our absolute discretion where (i) there is a technological failure, or (ii) we suspect that you have (or may have) breached any term of this Agreement; or (iii) we have the right to do so as set out in our Rules and Regulations. In relation to any cancelled or void bets, we reserve the right to take any money from your account relating to these bets or, if there are insufficient funds in your account, demand that you pay us the relevant outstanding amount relating to these bets.
  3. You may suspend or terminate your account at any time upon notice to Betfair.
  4. On termination or suspension of your account we will, in most cases, return any funds in your account to you. However, we reserve the right to withhold the funds in your account from you pending the determination of any investigation (including any relevant external investigation): (i) where we suspect you have acted in breach of any term in this Agreement, including (but not limited to) where we suspect the account has been linked with fraudulent or dishonest activity; or (ii) where we have to withhold the funds in your account by law or to comply with any advice, request or instruction from any governmental, regulatory or enforcement authority. Following the determination of any such investigation we reserve the right to seize the funds in your account should we be satisfied that you have acted in breach of this Agreement. We will deal with any funds seized in this manner at our sole and absolute discretion.
  5. For the avoidance of doubt at no point during any such period when we have witheld your funds will interest accrue to you on such funds.
2. Applicable thresholds: Minimum and maximum amounts
  1. You may only place orders with a minimum stake of ‚¬4 in Odds or Line betting, or ‚¬2 per unit in Range betting. If your account is euro, equivalent amounts apply. These minimum bet sizes are subject to change and may differ depending on whether you are using the Website or the Telephone Betting Service.
  2. You may not make any offer for a bet that results in your Current Exposure exceeding the lesser of: (i) your Available to Bet balance, or (ii) your Exposure Limit, which for new accounts is set to ‚¬10,000 (or equivalent).
  3. In the event that we inadvertently process an offer for a bet in an amount outside the applicable thresholds, such bet will nevertheless stand and be subject to the other terms of this Agreement.
3. Nature of bets
  1. You acknowledge that all bets placed by you with Betfair, be they Odds bets, Line bets or Range bets are actually a combination of one or more fixed odds bets. The exact combination of odds is shown in the betting slip, either directly (for Odds and Line bets), or (for Range bets) by clicking on the 'Bet Equivalent' button.
  2. You agree that you are adequately informed of your possible exposure, if using the Website, by the details given on the betting slip (if you are in any doubt about this, you should consult with the relevant 'How to bet' demo under the 'Help' section on the Home Page before proceeding), and if using the Telephone Betting Service, by the details given by the Betfair Telephone Operator.
  3. You accept that any amounts lost by you under any bet should not under any circumstances be recoverable from us or any of our affiliate or joint venture companies.
4. Bet Settlement
  1. We will settle bets on our Markets in accordance with our 'Rules and Regulations'. We reserve the right to reverse or amend settlement in the event of bets on a Market being settled incorrectly. This may lead to amendments being made to your balance to reflect changes in Market settlement and if there are insufficient funds in your account we may demand that you put funds into your account to address the outstanding balance.
  2. Any amount of winnings or losses relating to your bets on a Market will be rounded to the nearest two decimal places. If the amount ends in 0.5 it will be rounded up.
  3. You agree that Betfair's liability under a bet with you may be fully and finally discharged by addition of your Betting Winnings from that bet to your User's Share (less the deductions permitted under the Trust Deed a copy of which is available on www.betfair.com in the 'About Us' section) on the terms and conditions of the Trust Deed. To the extent that addition of your Betting Winnings from a bet to your User's Share (less the deductions permitted under the Trust Deed) is insufficient for any reason to satisfy our liability under a bet with you, Betfair agrees to pay to you or to the Trustee on your behalf the amount of the deficiency. Capitalised terms in this sub-paragraph have the meaning given in the Trust Deed.
COMMUNICATIONS AND NOTICES
1. Communications and notices to be given under this Agreement (other than those exchanges of information occurring in the normal operation of the site) should be sent to us in the manner prescribed in the 'Contact us' pages (accessible on the Website).
BETTING WITH BETFAIR
1. Commission and payment structure
  1. We provide you with a betting facility which enables you to place bets with Betfair, in consideration of which we will be paid a fee ('commission'). The commission payable is generally between 2 and 5 per cent (but subject to variation by Market type) calculated on your net winnings on a Market. 'Net winnings' means your profits from all bets placed with Betfair on a Market, before the deduction by Betfair of any commission or other fees. In the event that you have net losses on a Market, no commission will be deducted. The amount of commission charged on a Market will be stated in the Rules for the Market and Betfair reserves the right to amend this from time to time.
  2. If you make more than a specified number of betting transactions you may also be charged a transactional fee. We will use reasonable endeavours to inform you if your activity incurs a transactional fee.
  3. If you make more than a specified number of requests for Betfair data you may also be charged a data request fee. We will use reasonable endeavours to inform you if your activity incurs a data request fee.
  4. Separately Betfair may levy a premium charge on your account should the amount of commission generated in respect of your account be less than a specified percentage of profits you have made over a given period of time. Again we will use reasonable endeavours to inform you if your activity incurs a premium charge.
  5. In these Terms and Conditions, references to 'Fees' shall include commission (as described in 11.1.1), transactional fees (as described in 11.1.2), data request fees (as described in 11.1.3), the premium charge (as described in 11.1.4), and any other payments levied by Betfair on customers from time to time. For further information on Fees see 'Betfair Charges' in the 'About Us' section of the Website and you shall be bound by these.
  6. We reserve the right to amend our policy on Fees from time to time.
  7. We will calculate the amount of Fees you owe us and notify the Trustee accordingly. Upon the Trustee deducting any amount you owe us from your share in the Trust assets and holding such amount on trust for us, your obligation to pay us this amount shall be discharged. The Fees will be deducted by the Trustee from the funds you have paid into the Trust and will be paid to us. Please see the Trust Deed for further details.
  8. Any Fees owed to us will be rounded to the nearest two decimal places. If the amount ends in 0.5 it will be rounded up.
2. Indemnity
  1. You agree to indemnify and hold us and our associated companies, affiliates, officers, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of your breach of this Agreement including documents incorporated by reference into this Agreement or out of your violation of any law or the rights of any third party.
  2. You acknowledge that Betfair and its associated companies will hold information with respect to your identity, including but not limited to your name, address and payment details. You agree that we rely on this information in entering into this Agreement with you and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide us.
3. Matters beyond our reasonable control
  1. We are not liable for any loss or damage that you may suffer because of any: act of God; power cut; trade or labour dispute, act, failure or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party. In such an event, we reserve the right to cancel or suspend our services without incurring any liability.
  2. We are not liable for the failure of any equipment or software howsoever caused, wherever located or administered, or whether under our direct control or not, that may prevent the operation of our betting services, impede the placing of orders for bets or the matching of bets with Betfair, or prevent you from being able to contact us. In particular you should be aware that if you place a bet with the intention of subsequently placing a separate bet to reduce the liability incurred by the initial bet, there can never be a guarantee that the betting facility will be available at the point you wish to place the subsequent bet.
  3. We are not liable for the processing of any offers or cancellation requests for bets where: we do not receive the necessary communication; we are unable to display any such bet or cancellation request in the 'My account' pages of our Website; or if, for any reason, we fail to process any instruction in good time.
  4. We will not be liable for any failure to perform by a third party to our agreement.
4. Limitation of liability
  1. We exclude all representations and warranties as to the betting facility's satisfactory quality and/or fitness for its intended purpose.
  2. Without prejudice to the generality of the preceding Clause and Clause 11.3, Betfair, its officers, employees, partners, service providers:
    1. do not warrant that the software of the website is/are fit for their purpose;
    2. do not warrant that the software and the website are free from errors;
    3. do not warrant that the websites and/or the services offered will be accessible without interruptions.
  3. We will not be liable to you for any loss that you may incur as a result of misuse of your password, or in the case of the Telephone Betting Service, of your TAN, and we accept no liability resulting from its unauthorised use, whether fraudulent or otherwise.
  4. In no event will we, or any of our suppliers, accept any liability however arising for any losses you may incur as a result of placing bets with Betfair or otherwise by your use of our services. Under no circumstances will our liability under these Terms and Conditions or for breach of contract, tort, equity or otherwise exceed your maximum permitted exposure as set out in Clause 9.2.2. Under no circumstances will we be liable for any indirect, special or consequential damages, loss or profits (direct or indirect) or the benefit of any bet arising from breach of contract, negligence, equitable duty (including for the avoidance of doubt in relation to any bet(s) or Market(s) voided by us) or other liability even if we had been advised of or known (or should have known) of the possibility of such damages or loss.
  5. Nothing in these Terms and Conditions excludes our liability with respect to death and personal injury resulting from our negligence, or that of our employees, agents or subcontractors.
5. Gambling by those under age
  1. If we are notified that you are under 18 or were under 18 when you placed any offers for bets with Betfair ('under age'): (i) we will immediately prevent you placing any further bets with Betfair or making any withdrawls from or use of your account; (ii) we will investigate the claim that you are or were under age, including whether in fact you have been betting as an agent for or at the behest or on behalf of another person; (iii) if having found that you are or were under age, we will retain all funds (including deposits and/or winnings) which have accrued and remain in your account or which are otherwise due to be credited to your account. Such funds may be forfeited to the LGA, pursuant to Maltese gaming regulations; (iv) you must pay to Betfair all winnings gained from betting with us whilst under age on demand. Should you not comply with this duty we will seek to recover from you or to set off against any stakes placed by you any winnings paid to you as a result of bets placed with Betfair together with the costs of such recovery; and (v) we will not return to you any Fees paid by you in respect of bets made whilst you were under age.
6. Right of set off
  1. We may at any time, without notice to you, set off any liability owed to us by you, including (without limitation) in relation to any Betfair account in your name or which we believe to be under your control; against any funds held in another Betfair account in your name or which we believe to be under your control.
7. Intellectual property
  1. www.betfair.com is the uniform resource locator ('URL') of Betfair and no unauthorised use may be made of this URL (or any other URL owned by us) on another website or digital platform without our prior written consent.
  2. Betfair® and the Betfair logo are registered trade marks of The Sporting Exchange Limited, part of the Betfair group of companies (“TSEL”). Any unauthorised use of the Betfair trade marks may result in prosecution.
  3. TSEL is the owner of all copyright and related rights in and to our Website. You agree to assign to TSEL any intellectual property rights (including copyright) in any bets placed by you with Betfair. TSEL owns all rights in any price data and related content. Your registration and use of the betting facility confers no rights whatsoever to the betting and pricing content and any related intellectual property rights. You agree not to monitor, use or copy our web pages or any betting content, including without limitation any price data. Any unauthorised use or reproduction may be prosecuted.
  4. Any data licensed to Betfair from third parties is provided for use on the Website only and may not be used for any commercial purposes without the consent of such third parties.
8. Assignment
  1. You may not assign any part of this Agreement without Betfair's written consent but Betfair may assign this Agreement to its subsidiaries, associated companies or parent companies without notice to you.
9. Information Services
  1. From time to time Betfair may provide you with access to various information and content (e.g. form data, results, video streaming) via the Website (including micro-sites and as part of any runner data and/or results service), the Telephone Betting Service, emails or any other means of communication. Further Betfair may provide you with links to third party websites which may include information.
  2. The information referred to in 11.9.1 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, we make no representations or warranties of any kind, including but not limited to, the accuracy, quality or completeness of the information.
  3. Betfair shall not be liable for any action taken by you as a result of your relying on any information referred to in 11.9.1 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 us.
  4. Any links from the Website to third party websites do not constitute an endorsement by us of any products or services available on such websites. You use such websites at your own risk and we take no responsibility for the content on, or use of, such websites.
10. Betfair Forum
  1. From time to time Betfair may provide you with access to an online chat forum (the 'Betfair Forum'). If you use the Betfair Forum you agree to be bound by any Betfair Forum terms and conditions which appear on the Website from time to time. The Betfair Forum terms and conditions are incorporated into these Terms and Conditions by reference.
  2. We shall not be liable to you for any defamatory postings made by you or in relation to you. You agree to indemnify Betfair against loss suffered by Betfair or TSEL or any TSEL subsidiary company as a result of any Betfair Forum posting made by you and you accept that any postings made by you can be passed on to the relevant authorities should we deem this appropriate.
  3. You grant Betfair an irrevocable, perpetual license to all forum postings by you to use or reproduce for any purpose whatsoever.
11. Dormant Accounts
  1. After a period of 12 months of inactivity your account will normally be suspended by Betfair. Should we not be able to contact you within 1 month from such account suspension, any funds remaining in your account may be forfeited to the LGA, pursuant to Maltese gaming regulations.
12. Access to the betting facility
  1. These Terms and Conditions apply to you, through whatever means you access the betting facility.
  2. You agree to accept any other Betfair terms and conditions giving you access to the betting facility, including those relating to Betfair Mobile or for a licence to the Betfair Application Programming Interface ('API'). Any such terms and conditions are incorporated by reference into these Terms and Conditions.
SEVERABILITY
1. In the event that any provision of these Terms and Conditions is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.
DISPUTE RESOLUTION
1. In the event of a dispute arising between us and you, our customer service staff will attempt to reach an agreed resolution.
2. Should our customer service staff not be able to reach an agreement with you, our senior management may intervene to resolve any outstanding grievance.
3. If you are not satisfied with the resolution of any such dispute you have the option to take the dispute to the Malta Lotteries and Gaming Authority, the contact details for whom can be found under 'Regulators' in the 'About Us' section of the Website.
4. You agree to follow any grievance/dispute policy Betfair may put in place from time to time. You should exhaust this process before taking any grievance/dispute to any relevant betting industry regulator or independent betting dispute resolution body that is recognised by Betfair under its betting grievance/dispute policy from time to time.
GENERAL
1. This Agreement and each contract entered into pursuant to this agreement is governed by the laws of Malta.
2. Betfair enters into each and all such contracts as principal and not as agent.
3. The courts of Malta have non-exclusive jurisdiction.
4. These Terms and Conditions have been prepared in various languages other than English for reference only. In the event of any differences between the English version of the Terms and Conditions (accessible from the homepage of www.betfair.com) and this version, the English version shall prevail.
5. This Agreement and the terms expressly incorporated into it constitute the entire and only agreement between the parties with regards to its subject matter and each party confirms that it has not been induced to enter into this Agreement in reliance upon, nor has it been given, any warranty (including in particular any warranty as to merchantability, fitness for purpose or uninterrupted functionality), representation, statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature whatsoever other than as are expressly set out in this Agreement and, to the extent that it has been, it unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have had in relation thereto.
6. No failure or delay by a party to exercise any of its rights under this Agreement shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right.

V 02/08 14/05/08

TERMS AND CONDITIONS FOR ALL CUSTOMERS BETTING WITH BETFAIR COUNTERPARTY SERVICES LIMITED (MULTIPLES) AND BETFAIR GAMES LIMITED (UK, IRISH, US AND SOUTH AFRICAN TOTE BETTING)

LICENCE CODE: MALTA

Betfair Counterparty Services Limited ('BCSL') is a limited liability company registered in Malta number C 40083, and Betfair Games Limited ('BGL') is a limited liability company registered in Malta number C 36293 ('BGL'). References to the 'Company' or 'Betfair' are references to BCSL and/or BGL as appropriate. Our registered offices are at The Cornerstone Complex, Level 2, 16 September Square, Mosta, Malta MST1180. Betfair provides multiples betting and UK, Irish, US and South African Tote betting (the 'Betting Products') via a betting platform (the 'Betting Platform') which is accessible online (the 'Website' facility). 'Betfair' and the Betfair logo are registered trade marks of The Sporting Exchange Limited ('TSEL'), the parent company of the Company. In these terms and conditions references to 'we', 'us', 'our' mean Betfair Counterparty Services Limited and/or Betfair Games Limited as appropriate. This agreement is entered into between us and the customer ('you').

Betfair is licensed and regulated in Malta by the Malta Lotteries and Gaming Authority (‘LGA’). The LGA is the regulator for all forms of gaming in Malta. For further information about the LGA please go to www.lga.org.mt.

The Company reserves the right to switch the operation of the Betting Platform 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, to ensure that the Betting Products will be available to you, subject to the terms of this agreement.

AGREEMENT (COUNTERPARTY TERMS & CONDITIONS)

EFFECT OF THIS AGREEMENT
1. By agreeing to these terms and conditions and/or by continued use of the Betting Products, you are also bound by the relevant Betfair group company’s standard terms and conditions ,the 'Rules and Regulations' and the relevant 'Privacy Policy' which are incorporated by reference into these terms and conditions. If there is any inconsistency between these terms and conditions and any document incorporated by reference, these terms and conditions will prevail.
2. 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 placing a notice of such change on a prominent position on the Website, together with the changed terms and conditions). It is your responsibility to check these terms and conditions and the Privacy Policy from time to time to ensure that you agree with them and your continued use of the Betting Products will be deemed to be your acceptance of any changes to the terms and conditions and Privacy Policy. Any bets made prior to the time of amendment and notification of the changed terms and conditions will be subject to the pre-existing terms and conditions.
YOUR REPRESENTATIONS
1. You are 18 years of age or over, of sound mind and capable of taking responsibility for your own actions.
2. You can enter into a legally binding agreement with us and you are the person whose details are provided in connection with your Betfair registration or, in the case of legal entities, you are a duly authorised representative of the relevant legal entity. In the event that another person trades on your account you are solely responsible for all their actions whether or not their access was authorised by you and for this purpose you hereby indemnify Betfair and hold Betfair harmless against all costs, claims, expenses and damages howsoever arising in connection with the use of or access to your account by any third party.
3. You understand that by using our services you may lose money on bets placed and accept that you are fully responsible for any such loss.
4. You will not use our services to bet via any means where it is prohibited to do so in the jurisdiction in which you are located. In particular, you will not bet or attempt to bet on the Betting Products when you are located in the United States of America and/or such other restricted jurisdictions as the Company may from time to time determine. You agree it is your responsibility to verify that you are permitted to bet in any jurisdiction in which you are located. The availability of the Website does not constitute an offer or invitation by Betfair to use the Betting Products in any jurisdiction in which such use may be illegal.
5. You are acting as a principal and not as an agent on behalf of a third party.
6. You are not an undischarged bankrupt or in a voluntary arrangement with your creditors.
7. If paying money into the Trust (as defined in clause 4.1.1) by credit card or debit card, you are the authorised user of such card. At no time in the past have you failed to honour a liability on a bet by charging back to your card issuer a payment made by card for betting services.
8. You undertake to use our services for legitimate betting purposes only. In particular you undertake not to (i) engage in any activity, which has the purpose or effect of causing damage to or in any way hindering our business operations or generating or increasing a liability on us, including without limitation any tax, levy or duty collecting authority; or (ii) bet on, or manipulate, any market in bad faith or in a manner which we believe has the purpose or effect of adversely affecting the integrity of the Betting Products or the Betting Platform or any Betfair market.
9. You will not attempt to hack, make unauthorised alterations or introduce any kind of malicious code to the Website or the Company by any means. Unless given prior approval by us, you will not (a) reverse engineer or decompile (whether in whole or part) any software available through the Website; or (b) make copies, modify, reproduce, transmit, alter or distribute all or any part of the Website or any material or information contained on it.
10. You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in connection with the forums or any other part of the Website including within your own username or other information contributed to any Betfair site.
11. Any money that you deposit in your account is not tainted with any illegality and, in particular, does not originate from any illegal activity or source. You accept that any transactions made by you which Betfair deems suspicious, may be reported to the appropriate authorities.
12. You will not disguise or interfere in any way with the IP address of the computer you are using to access the Betting Products or the Betting Platform or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing the Betting Products or the Betting Platform.
13. You agree it is your responsibility to account for any tax or duty that may be imposed on you as a resulting of placing bets on the Betting Products.
PRIVACY
1. You may not enquire into the identity of any of our other customers.
2. Any information you send us will be processed in accordance with our Privacy Policy (accessible on the Website or on request).
ACCOUNTS AND PAYMENTS
1. Opening an account.
  1. Before you are able to start betting on the Betting Products, we will require you to first register with the company within the Betfair group which is providing you with general betting or exchange betting services. Additionally, you must have placed funds into a trust administered by The Sporting Exchange (Clients) Limited (the 'Trust'). Funds contributed by you to the Trust will be held and administered on, and subject to, the terms of the Trust. The Sporting Exchange (Clients) Limited, which is a wholly-owned subsidiary of TSEL, is the trustee of the Trust (the 'Trustee'). The terms of the Trust are set out in the Trust Deed which is accessible on our website.
  2. The relevant Betfair group company’s standard terms and conditions apply to the account you must open in order to make use of the Betting Products.
USE OF THE BETTING PRODUCTS
1. We reserve the right to change the format of the services we offer in order to enhance such services and we reserve the right to record ALL telephone calls to Betfair and to monitor all information relating to betting on customers accounts for which purposes you consent in accordance with the requirements of the UK Regulation of Investigatory Powers Act 2000.
2. We may determine, at our discretion, when the Betting Platform is open for the placing of bets and, though we will at all times use reasonable endeavours to settle bets as quickly as possible, we give no assurances as to the timeframe in which bets will be settled.
3. We may determine, at our discretion, to take steps to block you from placing bets on the Betting Platform if you are located in certain jurisdictions. For example, it is Betfair's longstanding and continued policy not to allow bets from people located in the United States of America and we have put restrictions in place to attempt to prevent you from placing bets on the Betting Products if you are located in the United States of America.
MAKING OF BETS
1. When you make a bet, you are betting with Betfair and not with other customers who use the Betting Platform.
2. An offer which you make for a bet is open for acceptance by Betfair as a principal counterparty in whole or in part in accordance with these terms and conditions.
3. You are entirely responsible for the information that you provide us concerning the offer that you wish to place. We will not enquire into the reasonableness of any offer that you may make. We will not be liable for incorrect entries made by you on the Website, including data input errors with respect to the odds, price or stake offered.
4. Once Betfair has accepted your offer to bet, you will not be allowed to change the terms of that bet or cancel or withdraw from that bet. Acceptance of an offer by Betfair concludes the bet.
5. You may only accept offers to bet using the Betting Products in accordance with the 'Rules and Regulations' that apply to each product.
COMMUNICATIONS AND NOTICES
1. Communications and notices to be given under this agreement (other than those exchanges of information occurring in the normal operation of the site) should be sent to us in the manner prescribed in the 'Contact us' pages (accessible within this document and on the Website).
THE COMPANY
1. Commission and payment structure.
  1. We provide you with a platform which enables you to place bets with Betfair, in consideration of which you will be charged the fees set out below.
  2. In relation to multiples betting a commission as advised in the text relating to the market will be charged on your net winnings on a bet or on the winnings of each leg. The amount of commission charged on a bet will be stated in the rules for the relevant market and Betfair reserves the right to amend this from time to time. Further information in relation to the commission charged on winning multiples bets can be found in the ‘Betfair Charges’ section of the Website.
  3. In relation to UK, Irish, US and South African Tote betting a deduction from stakes applies to bets placed, as set out in the Rules and Regulations which apply to that product.
  4. In these terms and conditions, references to ‘Fees’ shall include commission (as described in 8.1.2), deductions from stakes (as described in 8.1.3), and any other payments levied by Betfair on customers from time to time. Further information on Fees is available via the Website and you shall be bound by the terms of this.
  5. The maximum daily payout per customer for all winning multiples bets combined is £1,000,000 (or the currency equivalent).
  6. We reserve the right to amend our policy on Fees from time to time.
  7. We will calculate the amount of Fees you owe us at the time of settling your bet(s) and notify the Trustee accordingly. Upon the Trustee deducting any amount you owe us from your share in the Trust assets and holding such amount on trust for us, your obligation to pay us this amount shall be discharged. The Fees will be deducted by the Trustee from the funds you have paid into the Trust and will be paid to us. Please see the Trust Deed for further details.
2. Indemnity.
  1. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of your breach of this agreement including documents incorporated by reference into this agreement or out of your violation of any law or the rights of any third party.
  2. You acknowledge that the Company and its subsidiaries and parent companies will hold information with respect to your identity, including but not limited to your name, address and payment details. You agree that we rely on this information in entering into this agreement with you and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide us.
3. Matters beyond our reasonable control.
  1. We are not liable for any loss or damage that you may suffer because of any: act of God; power cut; trade or labour dispute, act, failure or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party. In such an event, we reserve the right to cancel or suspend our services without incurring any liability.
  2. We are not liable for the failure of any equipment or software, wherever located or administered, or whether under our direct control or not, that may prevent the operation of our betting services, impede the making of bets, or prevent you from being able to contact us.
  3. We are not liable for the acceptance or settlement of any offers for bets where we do not receive communication of that offer or acceptance or where we are unable to display that bet in the 'My account' pages of our Website or, for any reason, we fail to process any instruction in good time.
4. Limitation of liability.
  1. We exclude all representations and warranties as to the Betting Platform's satisfactory quality and/or fitness for its intended purpose.
  2. In no event will we, or any of our suppliers, accept any liability however arising for any losses you may incur as a result of placing bets or otherwise by your use of the Betting Products or our services. Under no circumstances will our liability under these terms and conditions or for breach of contract, tort, equity or otherwise exceed your maximum permitted exposure as set out in the relevant Betfair group company’s standard terms and conditions. Under no circumstances will we be liable for any indirect, special or consequential damages, loss or profits (direct or indirect) or the benefit of any bet arising from breach of contract, negligence, equitable duty or other liability even if we had been advised of or known (or should have known) of the possibility of such damages or loss.
  3. Nothing in these terms and conditions excludes our liability with respect to death and personal injury resulting from our negligence, or that of our employees, agents or subcontractors.
5. Intellectual property.
  1. Betfair® and the Betfair logo are registered trade marks of TSEL and TSEL is the sole owner of the same. Any unauthorised use of the Betfair trade marks may result in prosecution.
  2. You agree to assign to TSEL any rights (including copyright) in any bets placed by you on the Betting Platform. TSEL owns all rights in any price data and related content on the Betting Platform. Your registration and use of the Betting Platform confers no rights whatsoever to the content and related intellectual property rights contained in the Betting Platform. You agree not to copy our web pages or any content on the Betting Platform, including without limitation any price data. Any unauthorised use or reproduction may be prosecuted.
6. Assignment.
  1. You may not assign any part of this agreement but Betfair may assign this agreement to its subsidiaries or parent companies without notice to you.
SEVERABILITY
1. In the event that any provision of these terms and conditions is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
DISPUTE RESOLUTION
1. In the event of a dispute arising between us and you, our customer service staff will attempt to reach an agreed resolution.
2. Should our customer service staff not be able to reach an agreement with you, our senior management and/or Board of Directors may intervene to attempt to resolve any outstanding grievance.
3. You agree to follow any grievance/dispute policy Betfair may put in place from time to time. You should exhaust this process before taking any grievance/dispute to any relevant betting industry regulator or independent betting dispute resolution body that is recognised by Betfair under its betting grievance/dispute policy from time to time.
GENERAL
1. This agreement is governed by the laws of Malta.
2. The courts of Malta have non-exclusive jurisdiction.
3. These terms and conditions have been prepared in various languages other than English for reference only. In the event of any differences between the English version of the terms and conditions (accessible from the homepage of www.betfair.com) and this version, the English version shall prevail.
4. This agreement and the terms expressly incorporated into it constitute the entire and only agreement between the parties with regards to its subject matter and each party confirms that it has not been induced to enter into this agreement in reliance upon, nor has it been given, any warranty (including in particular any warranty as to merchantability, fitness for purpose or uninterrupted functionality), representation, statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature whatsoever other than as are expressly set out in this agreement and, to the extent that it has been, it unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have had in relation thereto.
5. No failure or delay by a party to exercise any of its rights under this agreement shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right.

V 02/09 16/06/09

BETFAIR CASINO END USER TERMS AND CONDITIONS OF USE
IMPORTANT READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT

These terms and conditions (the "Agreement") constitute a legally binding agreement between:

You, the end user;
Betfair Casino Limited ("Betfair") of Cornerstone Complex, Level 2, 16th September Square, Mosta, Malta, MST1180; and
Chartwell Games (Malta) Limited ("Chartwell") of Suite 2, 4th Floor, Portomaso Tower, Portomaso, St Julian's, PTM 01.

Betfair's online casino ("Casino") is located at www.betfaircasino.com or replacement or associated URLs. Casino operates on the basis of an underlying software system licensed to and operated by Betfair from Chartwell (the "Software"). In this Agreement Betfair and Chartwell are together referred to as the "Service Providers". This Agreement is between you and 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 the Casino 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 the Casino 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 the Casino or the Software.

In order to register to play the Casino for real money you will be required to register with the relevant Betfair sports betting operator (Betfair Limited or Betfair International as applicable) and place funds in your Betfair sports betting 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 the Casino. 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's 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 Casino, all of Betfair Groups's Terms and Conditions, Privacy Policy and Trust Deed are incorporated into this Agreement by reference.

CASINO
1. Betfair operates the Casino by virtue of a license granted to it by the Lotteries and Gaming Authority ("LGA") in Malta. The LGA is the regulator for all forms of gaming in Malta. For further information about the LGA please go to www.lga.org.mt. Betfair is licensed by Chartwell to use the Software for the purposes of providing the Casino to you. All transactions with the Casino take place in the territory of Malta where the Casino server is located. TSE Clients holds all funds on trust for you - at no time do funds leave your Betfair sports betting account instead Betfair settles wins and losses when you leave the Casino environment at which point your Betfair sports betting account will be adjusted to reflect your wins or losses from the Casino session. Whilst the term "chips" is used in connection with the Casino it is merely a reflection of game terminology intended to assist in game participation. Chips will not be accepted as a means of payment by any party other than the issuer. Betfair undertakes to pay you the value of your chips and to reflect an appropriate adjustment in your Betfair account balance (including where necessary the payment of funds from Betfair corporate accounts into the trust) provided always that you are in compliance with the terms of this Agreement and Betfair's Terms & Conditions.
2. You can only use the Casino if you are of the legal age of majority as determined by the law of the country where you live and/or access the Casino from (the "Local Jurisdiction"). You cannot use the Casino 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 the Casino 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 the version of the Casino that can be played for fun or practice, and not for real money.
3. The Casino is only available to you if use of online casinos is permitted in the Local Jurisdiction. The Service Providers do not intend that anyone should use the Casino where such use is illegal. The availability of the Casino does not constitute an offer or invitation by any Service Provider to use the Casino in any country in which such use is illegal. Use of the Casino and participation in games may be voided (in the absolute discretion of Betfair) wherever prohibited by any applicable law. YOU ACCEPT SOLE RESPONSIBILITY FOR DETERMINING WHETHER YOUR USE OF CASINO IS LEGAL IN THE LOCAL JURISDICTION. If your use of the Casino 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.
4. It is Betfair's 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 the Casino from the United States of America. YOU ARE NOT PERMITTED UNDER ANY CIRCUMSTANCES TO PLAY CASINO FROM THE UNITED STATES OF AMERICA. Following any breach of this clause by you we may suspend or terminate your Casino account immediately. Other jurisdictions may also be so designated for blocking from time to time.
5. Whilst it is intended that the Casino will operate under a Maltese LGA licence, Betfair reserves the right to switch the operation of the Casino 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 to ensure that the Casino will be available to you, subject to the terms of this Agreement.
END USER'S REPRESENTATIONS, WARRANTIES AND COVENANTS & INDEMNITY
1. In consideration for the rights granted to you to play the Casino 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 the Casino in the Local Jurisdiction and you accept that if this is not the case any funds in your Casino account (including deposits and winnings) may be forfeited to the LGA, pursuant to Maltese gaming regulations;
  - Your use and interest in the Casino is personal, and not professional and that you are only using the Casino for your own private entertainment;
  - 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 the Casino;
  - 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 the Casino or use the Software;
  - You fully understand the methods, rules, and procedures of the Casino and, where and when appropriate, will seek advice or help when using the Software or the Casino;
  - You acknowledge that there exists a risk of losing money when using the Casino;
  - All monies used by you in the Casino are lawfully yours and are not obtained from an illegal source and you accept that any transactions made by you which Betfair deems suspicious, may be reported to the appropriate authorities;
  - 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 the Casino; and
  - You will not attempt to sell or otherwise transfer the benefit of your Casino account to any third party and nor will you acquire or attempt to acquire another Casino account which has been opened in the name of a third party;
  - You accept that in relation to any 'chat' or 'forum' facilities we provide that any postings made by you can be passed on to the relevant authorities should we deem this appropriate; and
  - You accept and agree to abide by both the terms and conditions of this Agreement, as amended from time to time, the rules of the Casino's games and any rules and terms for any promotions or loyalty schemes in which you participate, each as set out on the Betfair Casino website from time to time. You may find information regarding the rules at www.betfaircasino.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. 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 the Casino or (b) acceptance of any winnings or (c) any breach of this Agreement.
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) may withhold payment of your winnings on account of any damages or other amounts owed by you to the Service Providers.
4. Betfair reserves the right to amend your Casino 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.
SOFTWARE
1. Title, ownership and all intellectual property or other proprietary rights in the Software belong to Chartwell, including any images, photographs, animations, video, audio, music and text, (other than those items that have been licensed for use by third parties) that may be part of Software. Software in source code form is the trade secret and confidential information of Chartwell. All rights not expressly granted to you under this Agreement in respect of the Software are reserved to Chartwell. The Software is protected by all applicable intellectual property laws and international treaty provisions.
2. Title, ownership and all intellectual property or other proprietary rights in the Casino are licensed to Betfair. You shall not acquire any rights, interest in or title to any such intellectual property rights in the Casino.
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 unauthorised 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 authorised by this Agreement or otherwise, you will immediately notify the Service Providers.
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.
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.
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.
7. If you use multiple browsers or attempt to manipulate or ascertain information concerning the Casino software code or are involved in collusion, you will forfeit all money and be deactivated as a player. All wagers must be placed through the user interface provided on the Casino. Any wagering through other means, including the use of a "robot" player, is strictly forbidden without the express consent of Betfair. The Service Providers reserve the right to prohibit any player from participating in any and all games, and may, where situations warrant, freeze the chips of any player suspected of cheating in any form. The Service Providers further reserve the right to restrict seating and/or to prohibit players from playing in a particular game, including restricting two or more players from playing together at the same game.
8. You acknowledge that use of the Casino confers no rights whatsoever to the intellectual property rights in the Casino. You hereby assign to The Sporting Exchange Limited any intellectual property rights (including without limitation copyright and database rights) in any bets, chat postings, game play or any other interaction made by you whilst using the Casino.
9. From time to time Betfair may provide you with access to various information and content via the Casino website (including micro-sites and video content) and/or emails. Further Betfair 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.
10. The information referred to in 3.9 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 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 3.9.
11. Betfair shall not be liable for any action taken by you as a result of your relying on any information referred to in 3.9 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.
12. Any links from the Casino website to third party websites do not constitute an endorsement by Betfair of any products or services available on such websites. You use such websites at your own risk and Betfair takes no responsibility for the content on, or use of, such websites.
TERMINATION
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.
2. The Service Providers (or any of them) may restrict your access to the Casino, suspend your Casino 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 the Casino, suspend your Casino 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 the Casino;
  - you are committing any offence; or
  - you cause to be published on, and/or sent via, the Casino or Software any actual or potentially defamatory, offensive, racist, harmful or obscene language or material.
3. You may terminate this Agreement at any time by prior written notice to Betfair.
4. Except where clause 5.2 of this Agreement applies, on termination of this Agreement any balance in the Casino environment (if applicable) will be returned to your Betfair account within a reasonable time of your request subject always to the Service Providers' 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.
CASINO TERMS
1. Betfair reserves the right to refuse or limit any wager in its sole discretion.
2. 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 the Casino in any way, in addition to any other remedies available to it, they may withhold payment of your winnings. In addition Betfair reserves the right not to transfer your account balance to your Betfair sports betting 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.
3. As part of the Casino, Betfair may offer other games and/or services from time to time.
4. Casino games will be operated and played in accordance with the rules of the LGA as applicable.
5. Betfair may, in its absolute discretion, alter or amend or withdraw any game from the Casino or any part thereof, at any time, and may alter prices, features, specifications, capabilities, functions and/or other characteristics of the Casino, or Casino games.
6. Betfair reserves the right to additionally verify your identity and your place of residence before making a payment of the value exceeding MTL1000 or its equivalent in any currency.
FORCE MAJEURE
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.
USER INFORMATION & PRIVACY
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 jeopardise its confidentiality. You will not permit any third party to use your User Information in order to access the Software or the Casino, whether authorised or not.
2. You are solely responsible, liable and accountable for all use or access of the Casino 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 authorised by you or not.
PERSONAL DATA
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 the Casino and Software. By using the Casino 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 the Betfair Privacy Policy. The Betfair Privacy Policy is incorporated by reference into this Agreement.
ERRORS & OMMISSIONS
1. If there is any discrepancy between the gaming results on your computer and the results on the game server for the Casino, the results on the game server for the Casino shall be final and binding. If there is any discrepancy between your on-screen display and the balance in your Casino account, the balance held on Chartwell'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.
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 the Casino or the Software to operate in accordance with the rules of any of the Casino'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.
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.
CHANGES TO THIS AGREEMENT
1. The Service Providers may modify, restate or amend the terms and conditions of this Agreement, the rules of the Casino, 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 Casino website and/or at point of login.
2. A copy of this Agreement, as updated from time to time, is available for your review at any time on the Casino's web site at www.betfaircasino.com. It is your responsibility to check the terms and conditions of this Agreement and the Betfair Privacy Policy from time to time.
3. If you use or continue to use the Casino or the Software after the posting of any change to this Agreement, the rules of the Casino or the terms for promotions or loyalty schemes, you will be deemed to have accepted the change whether or not you have chosen to read any notice posted about the change.
NO WARRANTIES & LIMITED LIABILITY
1. THE CASINO 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 CASINO 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 CASINO AND THE SOFTWARE LIES WITH YOU. IN ADDITION, ANY SECURITY MECHANISMS IMPLEMENTED BY CASINO OR IN THE SOFTWARE HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THEY MEET YOUR REQUIREMENTS.
2. BETFAIR'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF CASINO AND/OR 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 CASINO. EXCEPT AS EXCLUDED BY LAW, CHARTWELL (AND ITS SUBSIDIARIES AND ASSOCIATED COMPANIES) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY UNDER THIS AGREEMENT FOR YOUR USE OF CASINO OR THE SOFTWARE.
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 CASINO 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 CASINO 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.
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.
5. IF YOU ARE USING ANY THIRD PARTY EQUIPMENT, SOFTWARE OR SERVICES (COLLECTIVELY, THE "THIRD PARTY GOODS/SERVICES") IN CONNECTION WITH YOUR USE OF THE CASINO 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.
6. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR DEATH NOR FOR REPRESENTATIONS MADE FRAUDULENTLY.
INDEMNITY
1. You shall defend, indemnify, and hold the Service Providers, their parents, subsidiaries, partners (including anyone else involved in creating, producing or delivering the Casino 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 the Casino 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/or for any failure by the Service Providers and/or delays (however caused) incurred in the processing, reversal or adjustment of any transaction.
HELP AVAILABILITY
1. Betfair 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 UTC/GMT.
GENERAL MATTERS
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 or Chartwell.
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.
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.
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.
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 Casino Limited Chartwell Games (Malta) Limited
  Cornerstone Complex Suite 2, 4th Floor,
  16th September Square Portomaso Tower
  Mosta Portomaso
  Malta St. Julian's, Malta
  MST1180 PTM01
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.
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.
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.
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.
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.
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.
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.
LAW & JURISDICTION
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.

V 02/08 16/05/08

BETFAIR GAMES END USER TERMS AND CONDITIONS OF USE
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, Level 2, 16th September Square, Mosta, Malta, MST1180; 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 Games 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 relevant Betfair sports betting operator (Betfair Limited or Betfair International as applicable) 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 (€œTSE 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 Group's Terms and Conditions, Privacy Policy and Trust Deed are incorporated into this Agreement by reference.

BETFAIR EXCHANGE GAMING
1. Betfair Games operates Betfair Exchange Gaming by virtue of a Class 3 licence (LGA/CL3/207/2005) granted to it by the Lotteries and Gaming Authority (€œLGA€) in Malta. The LGA is the regulator for all forms of gaming in Malta. For further information about the LGA please go to www.lga.org.mt. 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 servers are located unless (for disaster recovery purposes) alternative servers in an alternative jurisdiction are required. Betfair Limited provides Betfair Games with various services in conjunction with its parent company The Sporting Exchange Limited. You are required to accept the terms and conditions of Betfair and Betfair Games before you can start using Betfair Exchange Gaming.
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.
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 in Betfair Games's sole discretion wherever it is determined to be prohibited by 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.
4. It is Betfair Games's 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. Other jurisdictions may also be so designated for blocking from time to time.
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.
END USER'S REPRESENTATIONS, WARRANTIES AND COVENANTS & INDEMNITY
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 and you accept that if this is not the case any funds in your Betfair Exchange Gaming account (including deposits and winnings) may be forfeited to the LGA, pursuant to Maltese gaming regulations;
  - 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;
  - 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 and you accept that any transactions made by you which Betfair Games deems suspicious, may be reported to the appropriate authorities;
  - 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; and
  - You will not attempt to sell or otherwise transfer the benefit of your Betfair Exchange Gaming account to any third party and nor will you acquire or attempt to acquire another Betfair Exchange Gaming account which has been opened in the name of a third party;
  - You accept that in relation to any 'chat' or 'forum' facilities we provide that any postings made by you can be passed on to the relevant authorities should we deem this appropriate; and
  - 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. 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.
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.
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.
SOFTWARE
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.
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. 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 unauthorised 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 authorised by this Agreement or otherwise, you will immediately notify TSED and Betfair Games.
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.
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.
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.
7. Although use of the €œBetfair 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 €œBetfair 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.
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, at its absolute discretion, to: (i) restrict you from using bots generally or any specific bot; (ii) make your ability to use a bot conditional on the payment by you of a fee, subscription or other charge; and/or (iii) impose other conditions on your ability to use a bot.
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.
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.
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.
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.
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.
TERMINATION
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. These terms may be revised from time to time and updated to the live website environment; your continued use of Betfair Exchange Gaming shall constitute acceptance of any such revised terms.
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.
3. You may terminate this Agreement at any time by prior written notice to Betfair Games.
4. Except where Clause 5.1 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.
BETFAIR EXCHANGE GAMING TERMS
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 sports betting 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.
2. As part of Betfair Exchange Gaming, Betfair Games may offer other games and/or services from time to time.
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.
4. Betfair Exchange Gaming will be operated and played in accordance with the rules of the LGA as applicable. Betfair Games reserves the right to terminate your access to Betfair Exchange Gaming at any time, for any reason. In such circumstances the terms set out in clause 4 above shall apply.
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.
FORCE MAJEURE
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.
USER INFORMATION & PRIVACY
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 jeopardise 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 authorised or not without the express written consent of Betfair Games and provision of an appropriate power of attorney and indemnity.
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 authorised by you or not.
3. The Service Providers do not generally provide details of your Account to third parties, however, each reserves the right and you explicitly consent to allow them to:
  - disclose information in accordance with the Betfair Privacy Policy for which purpose you hereby explicitly re-affirm the same as if entered into with each of the Service Providers;
  - release any information with respect to your Account to a request by a financial institution, credit reporting agency, a governmental agency, regulatory body or court of law, whether such request is made pursuant to a court order or otherwise;
  - provide details of your Account to the police or other investigatory agency pursuant to a request issued by them;
  - provide details of your Account to your credit card issuer, bank or credit reporting agency for the purpose of conducting a credit investigation;
  - provide details to a credit reporting agency where the User has failed to pay a disputed transaction(s) and evidence exists to substantiate the transaction(s);
  - seek verification of any information provided by you in relation to your Account;
  - provide details of your Account and/or your use of the Betfair Exchange Gaming or Software to a third party for the purposes of providing you with the Betfair Exchange Gaming or Software or to a successor in title to the business; and
  - take all such steps and do all such things as its Privacy Policy and Terms and Conditions may permit it and its parent company to do.
PERSONAL DATA
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.
ERRORS & OMMISSIONS
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.
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 Provider's 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.
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.
CHANGES TO THIS AGREEMENT
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:
  - in the "user message" that pops up on your screen from time to time when you log on to use Betfair Exchange Gaming;
  - on the "read me text" notice which pops up on your screen when you download and install the Software; or
  - on Betfair Exchange Gaming's web site at www.betfairgames.com.
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.
3. If you use or continue to use Betfair Exchange Gaming or the Software after the posting of the any change to this Agreement or the rules of Betfair Exchange Gaming, the terms for promotions or any 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.
NO WARRANTIES & LIMITED LIABILITY
1. ANY GAMES OFFERED BY BETFAIR EXCHANGE GAMING (INCLUDING BUT NOT LIMITED TO BETFAIR EXCHANGE POKER, BETFAIR EXCHANGE BLACKJACK, AND BETFAIR EXCHANGE BACCARAT AND BETFAIR EXCHANGE HI LO) 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 (INCLUDING BUT NOT LIMITED TO BETFAIR EXCHANGE POKER, BETFAIR EXCHANGE BLACKJACK, AND BETFAIR EXCHANGE BACCARAT AND BETFAIR EXCHANGE HI LO) 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 (INCLUDING BUT NOT LIMITED TO BETFAIR EXCHANGE POKER, BETFAIR EXCHANGE BLACKJACK, AND BETFAIR EXCHANGE BACCARAT AND BETFAIR EXCHANGE HI LO) OR IN THE SOFTWARE HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THEY MEET YOUR REQUIREMENTS.
2. BETFAIR GAMES'S MAXIMUM LIABILITY OF THE SERVICE PROVIDERS TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF ANY GAMES OFFERED BY BETFAIR EXCHANGE GAMING (INCLUDING BUT NOT LIMITED TO BETFAIR EXCHANGE POKER, BETFAIR EXCHANGE BLACKJACK, AND BETFAIR EXCHANGE BACCARAT AND BETFAIR EXCHANGE HI LO) 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 POKER AND/OR BETFAIR EXCHANGE BLACKJACK AND/OR BETFAIR EXCHANGE BACCARAT AND/OR BETFAIR EXCHANGE HI LO AND/OR ANY OTHER OFFERING FROM BETFAIR EXCHANGE GAMING. BETFAIR GAMES'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.
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 (INCLUDING WITHOUT LIMITATION BETFAIR EXCHANGE POKER, BETFAIR EXCHANGE BLACKJACK, AND BETFAIR EXCHANGE BACCARAT AND BETFAIR EXCHANGE HI LO), 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 GAMING (INCLUDING BUT NOT LIMITED TO BETFAIR EXCHANGE POKER, BETFAIR EXCHANGE BLACKJACK, AND BETFAIR EXCHANGE BACCARAT AND BETFAIR EXCHANGE HI LO) 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.
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.
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 (INCLUDING BUT NOT LIMITED TO BETFAIR EXCHANGE POKER, BETFAIR EXCHANGE BLACKJACK, AND BETFAIR EXCHANGE BACCARAT AND BETFAIR EXCHANGE HI LO) 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.
6. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR DEATH NOR FOR REPRESENTATIONS MADE FRAUDULENTLY.
INDEMNITY
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 Transfer Transaction or Authorised Transfer Transaction or Unrecognized Transaction and for any failure by the Service Providers and/or delays (however caused) incurred in the processing, reversal or adjustment of any Transfer Transaction or Authorised Transfer Transaction or Unrecognised Transaction.
HELP AVAILABILITY
1. Betfair Games and Betfair shall use reasonable commercial efforts to ensure that:
  - the Betfair Exchange Gaming and Software shall be available seven days a week, twenty-four hours a day; and
  - 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.
  Notwithstanding the foregoing, the Service Providers shall not be liable for any damages and losses that you or any third party may incur as a result of the Service Provider's failure to provide the Betfair Exchange Gaming or the Software other than as expressly provided in clause 11.6 above.
GENERAL MATTERS
1. The relationship between you and the Service Providers under this Agreement is a business relationship and 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.
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.
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.
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.
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
  Level 2
  16th September square
  Mosta
  Malta
  MST1180
  
  Email: customerservicesteam@betfair.com with a copy to legal@betfair.com
  TSE (Developments) Ltd and Betfair
  Customer Services
  Waterfront, Chancellors Road,
  Hammersmith, Embankment
  London
  W6 9HP,
  United Kingdom
  
  Email: customerservicesteam@betfair.com with a copy to legal@betfair.com
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.
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.
8. This Agreement constitutes the entire agreement between you and the Service Providers relating to Betfair Exchange Gaming, and supersedes any prior understandings, representations (other than those made fraudulently), agreements or commitments, whether written or oral between you and those parties.
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.
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.
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.
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.
LAW & JURISDICTION
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.

V 02/08 16/06/08

BETFAIR POKER END USER TERMS AND CONDITIONS OF USE
IMPORTANT READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT

These terms and conditions (the "Agreement") constitute a legally binding agreement between:

You, the end user;
Betfair Poker Limited ("Betfair") of Triq il-Kappillan Mifsud, St Venera, Malta, SVR 1851; and
Polco Limited ("Polco") of Triq il-Kappillan Mifsud, St Venera, Malta, SVR 1851;

Betfair's online poker room ("Poker") and Poker Blackjack ("Blackjack") (collectively the "Products") are located at www.betfairpoker.com or replacement or associated URLs. Blackjack is operated by Betfair software owned by The Sporting Exchange Limited and licensed via TSED and Poker operates on the basis of an underlying software system licensed to and operated by Betfair by Polco (the "Software"). In this Agreement Betfair, TSED and Polco are together referred to as the "Service Providers". This Agreement is between you and 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 the Products 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 the Products 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 the Products or the Software.

In order to register to play any of the Products for real money you will be required to register with the relevant Betfair sports betting operator (Betfair Limited or Betfair International as applicable) and place funds in your Betfair sports betting 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 the Products. 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 Group's 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 the Products, all of Betfair Group's Terms and Conditions, Privacy Policy and Trust Deed are incorporated into this Agreement by reference.

POKER
1. Betfair operates Poker by virtue of a Class 3 licence and Blackjack by virtue of a Class 1licence granted to it by the Lotteries and Gaming Authority ("LGA") in Malta. The LGA is the regulator for all forms of gaming in Malta. For further information about the LGA please go to www.lga.org.mt.
2. Blackjack is offered to you via Poker. You are able to use your Poker account to play Backjack within the Poker interface.
3. All transactions with the Products take place in the territory of Malta where the Poker server is located. TSE Clients holds all funds on trust for you – at no time do funds leave your Betfair sports betting account instead Betfair settles wins and losses when you leave the Poker environment at which point your Betfair sports betting account will be adjusted to reflect your wins or losses from the Poker session. Whilst the term "chips" is used in connection with Poker it is merely a reflection of game terminology intended to assist in game participation. Chips will not be accepted as a means of payment by any party other than the issuer. Betfair undertakes to pay you the value of your chips and to reflect an appropriate adjustment in your Betfair account balance provided always that you are in compliance with the terms of this Agreement and Betfair Limited's Terms & Conditions.
4. You can only use the Products if you are of the legal age of majority as determined by the law of the country where you live and/or access the Products from (the "Local Jurisdiction"). You cannot use the Products 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 any of the Products 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 the version of the Products that can be played for fun or practice, and not for real money.
5. The Products are only available to you if use of the Products is permitted in the Local Jurisdiction. The Service Providers do not intend that anyone should use the Products where such use is illegal. The availability of the Products does not constitute an offer or invitation by any Service Provider to use the Products in any country in which such use is illegal. Use of the Products and participation in games may be voided wherever prohibited by any applicable law. YOU ACCEPT SOLE RESPONSIBILITY FOR DETERMINING WHETHER YOUR USE OF THE PRODUCTS IS LEGAL IN THE LOCAL JURISDICTION. If your use of the Products 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.
6. It is Betfair's 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 the Products from the United States of America. YOU ARE NOT PERMITTED UNDER ANY CIRCUMSTANCES TO PLAY THE PRODUCTS FROM THE UNITED STATES OF AMERICA. Following any breach of this clause by you we may suspend or terminate your Poker account immediately. Other jurisdictions may also be so designated for blocking from time to time.
7. Whilst it is intended that the Products will operate under the Maltese LGA licences, Betfair reserves the right to switch the operation of the Products 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 to ensure that the Products will be available to you, subject to the terms of this Agreement.
END USER'S REPRESENTATIONS, WARRANTIES AND COVENANTS & INDEMNITY
1. In consideration for the rights granted to you to play the Products 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 the Products in the Local Jurisdiction and you accept that if this is not the case any funds in your Poker account (including deposits and winnings) may be forfeited to the LGA, pursuant to Maltese gaming regulations;
  - Your use and interest in the Products is personal, and not professional and that you are only using the Products for your own private entertainment;
  - 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 the Products;
  - 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 the Products or use the Software;
  - You fully understand the methods, rules, and procedures of the Products and, where and when appropriate, will seek advice or help when using the Software or the Products;
  - You acknowledge that there exists a risk of losing money when using the Products;
  - All monies used by you in the Products are lawfully yours and are not obtained from an illegal source and you accept that any transactions made by you which Betfair deems suspicious, may be reported to the appropriate authorities;
  - 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 the Products;
  - You will not attempt to sell or otherwise transfer the benefit of your the Products account to any third party and nor will you acquire or attempt to acquire another the Products account which has been opened in the name of a third party;
  - You accept that in relation to any ‘chat’ or ‘forum’ facilities we provide that any postings made by you can be passed on to the relevant authorities should we deem this appropriate; and
  - You accept and agree to abide by both the terms and conditions of this Agreement, as amended from time to time, the rules of any of Poker's games and any rules and terms for any promotions or loyalty schemes in which you participate, each as set out on the Betfair Poker website from time to time. You may find information regarding the rules at www.betfairpoker.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. 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 the Products or (b) acceptance of any winnings or (c) any breach of this Agreement.
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) may withhold payment of your winnings on account of any damages or other amounts owed by you to the Service Providers.
4. Betfair reserves the right to amend your Poker 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.
SOFTWARE
1. Title, ownership and all intellectual property or other proprietary rights in the Poker software belongs to Polco, including any images, photographs, animations, video, audio, music and text, (other than those items that have been licensed for use by third parties) that may be part of the Poker software. The Poker software in source code form is the trade secret and confidential information of Polco. All rights not expressly granted to you under this Agreement in respect of the Poker software are reserved to Polco. The Poker software is protected by all applicable intellectual property laws and international treaty provisions.
2. Title, ownership and all intellectual property or other proprietary rights in the Blackjack software belongs 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 third parties) that may be part of the Blackjack software. The Blackjack 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 Blackjack software are reserved to The Sporting Exchange Limited. The Blackjack software is protected by all applicable intellectual property laws and international treaty provisions.
3. Title, ownership and all intellectual property or other proprietary rights in the Products are licensed to Betfair. You shall not acquire any rights, interest in or title to any such intellectual property rights in the Products.
4. 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 unauthorised 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 authorised by this Agreement or otherwise, you will immediately notify the Service Providers.
5. 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.
6. 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.
7. 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.
8. If you attempt to manipulate or ascertain information concerning the Products' software code or are involved in collusion, you will forfeit all money and be deactivated as a player. All wagers must be placed through the user interface provided on Poker. Any wagering through other means, including the use of a "robot" player, is strictly forbidden. The Service Providers reserve the right to prohibit any player from participating in any and all games, and may, where situations warrant, freeze the chips of any player suspected of cheating in any form. The Service Providers further reserve the right to restrict seating and/or to prohibit players from playing in a particular game, including restricting two or more players from playing together at the same game.
9. You acknowledge that use of the Products confers no rights whatsoever to the intellectual property rights in the Products. You hereby assign to The Sporting Exchange Limited any intellectual property rights (including without limitation copyright and database rights) in any bets, chat postings, game play or any other interaction made by you whilst using the Products.
10. From time to time Betfair may provide you with access to various information and content via the Poker website (including micro-sites and video content) and/or emails. Further Betfair 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.
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 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.
12. Betfair 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.
13. Any links from the Poker website to third party websites do not constitute an endorsement by Betfair of any products or services available on such websites. You use such websites at your own risk and Betfair takes no responsibility for the content on, or use of, such websites.
TERMINATION
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.
2. The Service Providers (or any of them) may restrict your access to the Products, suspend your Poker 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 the Products, suspend your Poker 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 the Products;
  - you are committing any offence; or
  - you cause to be published on, and/or sent via, the Products or Software any actual or potentially defamatory, offensive, racist, harmful or obscene language or material.
3. You may terminate this Agreement at any time by prior written notice to Betfair.
4. Except where clause 5.2 of this Agreement applies, on termination of this Agreement any balance in the Poker 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.
THE PRODUCTS TERMS
1. Betfair reserves the right to refuse or limit any wager in its sole discretion.
2. 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 the Products in any way, in addition to any other remedies available to it, they may withhold payment of your winnings. In addition Betfair reserves the right not to transfer your account balance to your Betfair sports betting 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.
3. As part of the Products, Betfair may offer other games and/or services from time to time.
4. The Products and any other poker games will be operated and played in accordance with the rules of the LGA as applicable.
5. Betfair may, in its absolute discretion, alter or amend or withdraw any game from Poker or any part thereof, at any time, and may alter prices, features, specifications, capabilities, functions and/or other characteristics of the Products, or Poker games.
6. Betfair reserves the right to additionally verify your identity and your place of residence before making a payment of the value exceeding MTL1000 or its equivalent in any currency.
FORCE MAJEURE
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.
USER INFORMATION & PRIVACY
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 jeopardise its confidentiality. You will not permit any third party to use your User Information in order to access the Software or the Products, whether authorised or not.
2. You are solely responsible, liable and accountable for all use or access of the Products 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 authorised by you or not.
PERSONAL DATA
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 the Products and Software. By using the Products 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 the Betfair Privacy Policy. The Betfair Privacy Policy is incorporated by reference into this Agreement.
CHAT ROOM FACILITY
1. From time to time Betfair may provide you with access to an online chat or messaging facility (the 'Chat Room Facility'). If you use the Chat Room Facility you agree to do so in a responsible manner. In particular you agree not to post any obscene or insulting comments or to use the Chat Room Facility to collude in the playing of any game with any other Betfair customer.
2. Betfair reserves the right to record and log all comments posted in any Chat Room Facility and you acknowledge that Betfair may report to the relevant authorities any postings which Betfair deems to be suspicious.
3. We shall not be liable to you for any defamatory postings made by you or in relation to you. You agree to indemnify Betfair and our affiliate companies against loss suffered by Betfair or our affiliate companies as a result of any posting made by you.
4. You grant Betfair an irrevocable, perpetual license to all forum postings by you to use or reproduce for any purpose whatsoever.
ERRORS & OMMISSIONS
1. If there is any discrepancy between the gaming results on your computer and the results on the game server for the Products, the results on the game server for the Products shall be final and binding. If there is any discrepancy between your on-screen display and the balance in your Poker Account, the balance held on Polco'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.
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 the Products or the Software to operate in accordance with the rules of any of Poker'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.
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.
CHANGES TO THIS AGREEMENT
1. The Service Providers may modify, restate or amend the terms and conditions of this Agreement, the rules of the Products, 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 Poker website.
2. A copy of this Agreement, as updated from time to time, is available for your review at any time on Poker's web site at www.betfairpoker.com. It is your responsibility to check the terms and conditions of this Agreement and the Betfair Privacy Policy from time to time.
3. If you use or continue to use the Products or the Software after the posting of any change to this Agreement, the rules of the Products or the terms for promotions or loyalty schemes, you will be deemed to have accepted the change whether or not you have chosen to read any notice posted about the change.
NO WARRANTIES & LIMITED LIABILITY
1. THE PRODUCTS 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 THE PRODUCTS 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 THE PRODUCTS AND THE SOFTWARE LIES WITH YOU. IN ADDITION, ANY SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCTS OR IN THE SOFTWARE HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THEY MEET YOUR REQUIREMENTS.
2. BETFAIR'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE PRODUCTS AND/OR 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 THE PRODUCTS. POLCO'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF POKER 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 POKER OR THE SOFTWARE. NOTHING IN THIS AGREEMENT SHALL LIMIT THE SERVICE PROVIDERS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THEIR NEGLIGENCE.
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 THE PRODUCTS 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 THE PRODUCTS 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.
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.
5. IF YOU ARE USING ANY THIRD PARTY EQUIPMENT, SOFTWARE OR SERVICES (COLLECTIVELY, THE "THIRD PARTY GOODS/SERVICES") IN CONNECTION WITH YOUR USE OF THE PRODUCTS 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.
6. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR DEATH NOR FOR REPRESENTATIONS MADE FRAUDULENTLY.
INDEMNITY
1. You shall defend, indemnify, and hold the Service Providers, their parents, subsidiaries, partners (including anyone else involved in creating, producing or delivering the Products 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 the Products 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/or for any failure by the Service Providers and/or delays (however caused) incurred in the processing, reversal or adjustment of any transaction.
HELP AVAILABILITY
1. Betfair 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 UTC/GMT.

GENERAL MATTERS

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, TSED or Polco.
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.
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.
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.

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 Poker Limited, Triq il-Kappillan Mifsud, St Venera, Malta, SVR 1851	Polco Limited, Triq il-Kappillan Mifsud, St Venera, Malta, SVR 1851
Email: customerservicesteam@betfair.com with a copy to legal@betfair.com

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.
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.
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.
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.
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.
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.
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.

LAW & JURISDICTION
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.

V 03/08 6/08/08

BETFAIR ARCADE END USER TERMS AND CONDITIONS OF USE
IMPORTANT READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT

These terms and conditions (the "Agreement") constitute a legally binding agreement between:

You, the end user;
Betfair Poker Limited ("Betfair") of Cornerstone Complex, Level 2, 16th September Square, Mosta, Malta, MST1180; and
Orbis Technology Limited a company registered in England and Wales with its registered office situated at One Heathrow Boulevard, 286 Bath Road, West Drayton, Middlesex, UB7 0DQ, UK and the relevant third party licensors (if applicable) (collectively referred to herein as "Orbis").

Betfair's online arcade ("Arcade") is located at www.betfairarcade.com or replacement or associated URLs. Arcade operates on the basis of an underlying software system licensed to and operated by Betfair from Orbis (the "Software"). In this Agreement Betfair and Orbis are together referred to as the "Service Providers". This Agreement is between you and 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 the Arcade 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 (or equivalent acceptance mechanism). By clicking on the "ACCEPT" button/checking any box to indicate your acceptance of terms and/or continuing to access and/or use the Arcade 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 the Arcade or the Software.

In order to register to play the Arcade for real money you will be required to register with the relevant Betfair sports betting operator (Betfair Limited or Betfair International as applicable) and place funds in your Betfair sports betting 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 the Arcade. 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 Group' s 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 Arcade, all of Betfair Groups's Terms and Conditions, Privacy Policy and Trust Deed are incorporated into this Agreement by reference.

ARCADE
1. Betfair operates the Arcade by virtue of licenses granted to it by the Lotteries and Gaming Authority ("LGA") in Malta. The LGA is the regulator for all forms of gaming in Malta. For further information about the LGA please go to www.lga.org.mt. Betfair is licensed by Orbis to use the Software for the purposes of providing the Arcade to you. All transactions with the Arcade take place in the territory of Malta where the Arcade server is located. TSE Clients holds all funds on trust for you - at no time do funds leave your Betfair sports betting account instead Betfair settles wins and losses when you leave the Arcade environment at which point your Betfair sports betting account will be adjusted to reflect your wins or losses from the Arcade session. Whilst the term "chips" may be used in connection with the Arcade it is merely a reflection of game terminology intended to assist in game participation. Chips will not be accepted as a means of payment by any party other than the issuer (TSE (Clients)). Betfair undertakes to pay you the value of your chips and to reflect an appropriate adjustment in your Betfair account balance (including where necessary the payment of funds from Betfair corporate accounts into the trust) provided always that you are in compliance with the terms of this Agreement and Betfair's Terms & Conditions.
2. You can only use the Arcade if you are of the legal age of majority as determined by the law of the country where you live and/or access the Arcade from (the "Local Jurisdiction"). You cannot use the Arcade 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 the Arcade 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 the version of the Arcade that can be played for fun or practice, and not for real money.
3. The Arcade is only available to you if use of online arcades is permitted in the Local Jurisdiction. The Service Providers do not intend that anyone should use the Arcade where such use is illegal. The availability of the Arcade does not constitute an offer or invitation by any Service Provider to use the Arcade in any country in which such use is illegal. Use of the Arcade and participation in games may be voided (in the absolute discretion of Betfair) wherever prohibited by any applicable law. YOU ACCEPT SOLE RESPONSIBILITY FOR DETERMINING WHETHER YOUR USE OF ARCADE IS LEGAL IN THE LOCAL JURISDICTION. If your use of the Arcade 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.
4. It is Betfair's 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 the Arcade from the United States of America. YOU ARE NOT PERMITTED UNDER ANY CIRCUMSTANCES TO PLAY ARCADE FROM THE UNITED STATES OF AMERICA. Following any breach of this clause by you we may suspend or terminate your Arcade account immediately. Other jurisdictions may also be so designated for blocking from time to time.
5. Whilst it is intended that the Arcade will operate under a Maltese LGA licence, Betfair reserves the right to switch the operation of the Arcade 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 to ensure that the Arcade will be available to you, subject to the terms of this Agreement.
END USER'S REPRESENTATIONS, WARRANTIES AND COVENANTS & INDEMNITY
1. In consideration for the rights granted to you to play the Arcade 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 the Arcade in the Local Jurisdiction and you accept that if this is not the case any funds in your Arcade account (including deposits and winnings) may be forfeited to the LGA, pursuant to Maltese gaming regulations;
  - Your use and interest in the Arcade is personal, and not professional and that you are only using the Arcade for your own private entertainment;
  - 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 the Arcade;
  - 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 the Arcade or use the Software;
  - You fully understand the methods, rules, and procedures of the Arcade and, where and when appropriate, will seek advice or help when using the Software or the Arcade;
  - You acknowledge that there exists a risk of losing money when using the Arcade;
  - All monies used by you in the Arcade are lawfully yours and are not obtained from an illegal source and you accept that any transactions made by you which Betfair deems suspicious, may be reported to the appropriate authorities;
  - 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 the Arcade; and
  - You will not attempt to sell or otherwise transfer the benefit of your Arcade account to any third party and nor will you acquire or attempt to acquire another Arcade account which has been opened in the name of a third party;
  - You accept that in relation to any ‘chat’ or ‘forum’ facilities we provide that any postings made by you can be passed on to the relevant authorities should we deem this appropriate; and
  - You accept and agree to abide by both the terms and conditions of this Agreement, as amended from time to time, the rules of the Arcade's games and any rules and terms for any promotions or loyalty schemes in which you participate, each as set out on the Betfair Arcade website from time to time. You may find information regarding the rules at www.betfaircasino.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. 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 the Arcade or (b) acceptance of any winnings or (c) any breach of this Agreement.
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) may withhold payment of your winnings on account of any damages or other amounts owed by you to the Service Providers.
4. Betfair reserves the right to amend your Arcade 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.
SOFTWARE
1. Title, ownership and all intellectual property or other proprietary rights in the Software belong to Betfair or Orbis as the case may be, including any images, photographs, animations, video, audio, music and text, (other than those items that have been licensed for use by third parties) that may be part of Software. Software in source code form is the trade secret and confidential information of Betfair and/or Orbis. All rights not expressly granted to you under this Agreement in respect of the Software are reserved to Betfair and/or Orbis as the case may be. The Software is protected by all applicable intellectual property laws and international treaty provisions.
2. Title, ownership and all intellectual property or other proprietary rights in the Arcade are licensed to Betfair. You shall not acquire any rights, interest in or title to any such intellectual property rights in the Arcade.
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 unauthorised 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 authorised by this Agreement or otherwise, you will immediately notify the Service Providers.
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.
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.
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.
7. If you use multiple browsers or attempt to manipulate or ascertain information concerning the Arcade software code or are involved in collusion, you will forfeit all money and be deactivated as a player. All wagers must be placed through the user interface provided on the Arcade. Any wagering through other means, including the use of a "robot" player, is strictly forbidden without the express consent of Betfair. The Service Providers reserve the right to prohibit any player from participating in any and all games, and may, where situations warrant, freeze the chips of any player suspected of cheating in any form. The Service Providers further reserve the right to restrict seating and/or to prohibit players from playing in a particular game, including restricting two or more players from playing together at the same game.
8. You acknowledge that use of the Arcade confers no rights whatsoever to the intellectual property rights in the Arcade. You hereby assign to The Sporting Exchange Limited any intellectual property rights (including without limitation copyright and database rights) in any bets, chat postings, game play or any other interaction made by you whilst using the Arcade.
9. From time to time Betfair may provide you with access to various information and content via the Arcade website (including micro-sites and video content) and/or emails. Further Betfair 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.
10. The information referred to in 3.9 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 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 3.9.
11. Betfair shall not be liable for any action taken by you as a result of your relying on any information referred to in 3.9 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.
12. Any links from the Arcade website to third party websites do not constitute an endorsement by Betfair of any products or services available on such websites. You use such websites at your own risk and Betfair takes no responsibility for the content on, or use of, such websites.
TERMINATION
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 (including by use of the Arcade) and it shall continue in effect until terminated in accordance with its terms.
2. The Service Providers (or any of them) may restrict your access to the Arcade, suspend your Arcade 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 the Arcade, suspend your Arcade 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 the Arcade;
  - you are committing any offence; or
  - you cause to be published on, and/or sent via, the Arcade or Software any actual or potentially defamatory, offensive, racist, harmful or obscene language or material.
3. You may terminate this Agreement at any time by prior written notice to Betfair.
4. Except where clause 5.2 of this Agreement applies, on termination of this Agreement any balance in the Arcade environment (if applicable) will be returned to your Betfair account within a reasonable time of your request subject always to the Service Providers' 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.
ARCADE TERMS
1. Betfair reserves the right to refuse or limit any wager in its sole discretion.
2. 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 the Arcade in any way, in addition to any other remedies available to it, they may withhold payment of your winnings. In addition Betfair reserves the right not to transfer your account balance to your Betfair sports betting 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.
3. As part of the Arcade, Betfair may offer other games and/or services from time to time.
4. Arcade games will be operated and played in accordance with the rules of the LGA as applicable.
5. Betfair may, in its absolute discretion, alter or amend or withdraw any game from the Arcade or any part thereof, at any time, and may alter prices, features, specifications, capabilities, functions and/or other characteristics of the Arcade, or Arcade games.
6. Betfair reserves the right to additionally verify your identity and your place of residence before making a payment of the value exceeding EUR2330 or its equivalent in any currency.
FORCE MAJEURE
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.
USER INFORMATION & PRIVACY
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 jeopardise its confidentiality. You will not permit any third party to use your User Information in order to access the Software or the Arcade, whether authorised or not.
2. You are solely responsible, liable and accountable for all use or access of the Arcade 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 authorised by you or not.
PERSONAL DATA
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 the Arcade and Software. By using the Arcade 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 the Betfair Privacy Policy. The Betfair Privacy Policy is incorporated by reference into this Agreement.
ERRORS & OMMISSIONS
1. If there is any discrepancy between the gaming results on your computer and the results on the game server for the Arcade, the results on the game server for the Arcade shall be final and binding. If there is any discrepancy between your on-screen display and the balance in your Arcade account, the balance held on the Service Provider'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.
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 the Arcade or the Software to operate in accordance with the rules of any of the Arcade'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.
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.
CHANGES TO THIS AGREEMENT
1. The Service Providers may modify, restate or amend the terms and conditions of this Agreement, the rules of the Arcade, 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 Arcade website and/or at point of login.
2. A copy of this Agreement, as updated from time to time, is available for your review at any time on the Arcade's web site at www.betfaircasino.com. It is your responsibility to check the terms and conditions of this Agreement and the Betfair Privacy Policy from time to time.
3. If you use or continue to use the Arcade or the Software after the posting of any change to this Agreement, the rules of the Arcade or the terms for promotions or loyalty schemes, you will be deemed to have accepted the change whether or not you have chosen to read any notice posted about the change.
NO WARRANTIES & LIMITED LIABILITY
1. THE ARCADE 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 ARCADE 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 ARCADE AND THE SOFTWARE LIES WITH YOU. IN ADDITION, ANY SECURITY MECHANISMS IMPLEMENTED BY ARCADE OR IN THE SOFTWARE HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THEY MEET YOUR REQUIREMENTS.
2. BETFAIR'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF ARCADE AND/OR 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 ARCADE. EXCEPT AS EXCLUDED BY LAW, ORBIS (AND ITS SUBSIDIARIES AND ASSOCIATED COMPANIES) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY UNDER THIS AGREEMENT FOR YOUR USE OF ARCADE OR THE SOFTWARE.
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 ARCADE 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 ARCADE 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.
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.
5. IF YOU ARE USING ANY THIRD PARTY EQUIPMENT, SOFTWARE OR SERVICES (COLLECTIVELY, THE "THIRD PARTY GOODS/SERVICES") IN CONNECTION WITH YOUR USE OF THE ARCADE 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.
6. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR DEATH NOR FOR REPRESENTATIONS MADE FRAUDULENTLY.
7. MAXIMUM CUMULATIVE PROFIT ACROSS THE BETFAIR ARCADE (EXCLUDING PROGRESSIVE JACKPOT WINS) IN A 24HR PERIOD BY EACH PERSON SHALL BE CAPPED AT £300,000. IN THE EVENT THAT YOUR PROFITS EXCEED THIS SUM IN ANY 24HR PERIOD ANY ADDITIONAL BETS OR WAGERS MADE WITHIN THE SAME PERIOD SHALL BE VOID AND ANY ASSOCIATED SUMS BET OR WAGERED BY YOU SHALL BE RETURNED TO YOU. IF A BET OR WAGER IS MADE BY YOU THAT TAKES YOUR PROFITS OVER THE £300,000 LIMIT WITHIN THE 24HR TIMEFRAME YOU WILL BE PAID OUT UP TO £300,000 AND ANY EXCESS PROFITS MAY, AT OUR DISCRETION, NOT BE PAID TO YOU PROVIDED ALWAYS THAT, OF THE ORIGINAL SUM BET OR WAGERED, AN AMOUNT SHALL THEN BE RETURNED TO YOU PRO RATA IN RELATION TO THE BENEFIT LOST.
INDEMNITY
1. You shall defend, indemnify, and hold the Service Providers, their parents, subsidiaries, partners (including anyone else involved in creating, producing or delivering the Arcade 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 the Arcade 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/or for any failure by the Service Providers and/or delays (however caused) incurred in the processing, reversal or adjustment of any transaction.
HELP AVAILABILITY
1. Betfair 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 Maltese time.
GENERAL MATTERS
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 or Orbis.
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.
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.
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.
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 addresses shown at the introduction of these terms or by electronic mail to the email address provided. Any such communication shall be deemed to have been received by applicable Service Provider upon actual receipt thereof.
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.
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.
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.
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.
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.
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.
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.
LAW & JURISDICTION
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.

V 06/08 01/06/08

BETFAIR TV END USER TERMS AND CONDITIONS OF USE
IMPORTANT READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT

These terms and conditions (the "Agreement") constitute a legally binding agreement between:

You, the end user;
Evanescent Limited ("Betfair TV") of 85, St John Street, Valletta VLT1165 Malta; and
TSE (Developments) Limited ("TSED") of Waterfront, Hammersmith Embankment, Chancellors Road, London, W6 9HP.

"Betfair TV" is available through certain Digital TV platforms, ‘set-top boxes’ and through www.betfair.tv or replacement or associated URLs. Betfair TV operates on the basis of an underlying software system either owned by Betfair TV or licensed by TSED to and operated by Betfair TV (the "Software"). In this Agreement Betfair TV 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 TV 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 TV 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 TV or the Software.

In order to register to play Betfair TV you will be required to register with the relevant Betfair sports betting operator (Betfair Limited or Betfair International as applicable) 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 (Betfair Group Limited) as security for the placing of bets and participation in Betfair TV. In this Agreement the Betfair Group means Betfair Group 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 TV all of Betfair Group's Terms and Conditions, Privacy Policy and Trust Deed are incorporated into this Agreement by reference.

BETFAIR TV
1. Betfair TV operates Betfair TV by virtue of a Class [3] licence ([ ]) granted to it by the Lotteries and Gaming Authority (“LGA”) in Malta. The LGA is the regulator for all forms of gaming in Malta. For further information about the LGA please go to www.lga.org.mt. Betfair TV is licensed by TSED to use the Software for the purposes of providing Betfair TV to you. All transactions with Betfair TV take place in the territory of Malta where the Betfair TV servers are located unless (for disaster recovery purposes) alternative servers in an alternative jurisdiction are required. Betfair Limited provides Betfair TV with various services in conjunction with its parent company Betfair Group Limited. You are required to accept the terms and conditions of Betfair and Betfair TV before you can start using Betfair TV.
2. You can only use Betfair TV 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 TV from (the "Local Jurisdiction"). You cannot use Betfair TV 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 TV 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 TV that can be played or bet on for fun or practice, and not for real money.
3. Betfair TV is only available to you if use of Betfair TV is permitted in the Local Jurisdiction. The Service Providers do not intend that anyone should use Betfair TV where such use is illegal. The availability of Betfair TV does not constitute an offer or invitation by any Service Provider to use Betfair TV in any country in which such use is illegal. Use of Betfair TV and participation in games may be voided in Betfair TV's sole discretion wherever it is determined to be prohibited by applicable law. YOU ACCEPT SOLE RESPONSIBILITY FOR DETERMINING WHETHER YOUR USE OF BETFAIR TV IS LEGAL IN THE LOCAL JURISDICTION. If your use of Betfair TV 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.
4. It is Betfair's 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 TV from the United States of America. YOU ARE NOT PERMITTED UNDER ANY CIRCUMSTANCES TO PLAY BETFAIR TV FROM THE UNITED STATES OF AMERICA. Following any breach of this clause by you we may suspend or terminate your Betfair account immediately. Other jurisdictions may also be so designated for blocking from time to time.
5. Whilst it is intended that Betfair TV will operate under a Maltese LGA licence, Betfair reserves the right to switch the operation of Betfair TV 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 TV to ensure that Betfair TV will be available to you, subject to the terms of this Agreement.
END USER'S REPRESENTATIONS, WARRANTIES AND COVENANTS & INDEMNITY
1. In consideration for the rights granted to you to play Betfair TV 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 TV in the Local Jurisdiction and you accept that if this is not the case any funds in your Betfair TV account (including deposits and winnings) may be forfeited to the LGA, pursuant to Maltese gaming regulations;
  - Your use and interest in Betfair TV is personal and not professional and that you are only using Betfair TV for your own private entertainment;
  - 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 TV;
  - 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 television equipment, set-top boxes, 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 TV or use the Software;
  - You fully understand the methods, rules, and procedures of Betfair TV and, where and when appropriate, will seek advice or help when using the Software or Betfair TV;
  - You acknowledge that there exists a risk of losing money when using Betfair TV;
  - All monies used by you in Betfair TV are lawfully yours and are not obtained from an illegal source and you accept that any transactions made by you which Betfair TV deems suspicious, may be reported to the appropriate authorities;
  - 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 TV; and
  - You will not attempt to sell or otherwise transfer the benefit of your Betfair TV account to any third party and nor will you acquire or attempt to acquire another Betfair TV account which has been opened in the name of a third party;
  - You accept that in relation to any 'chat' or 'forum' facilities we provide that any postings made by you can be passed on to the relevant authorities should we deem this appropriate; and
  - 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 TV's games and any rules and terms for any promotions or loyalty schemes in which you participate, each as set out on the Betfair TV website www.betfair.tv from time to time. You may find information regarding the rules at www.betfair.tv. 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. 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 TV or (b) acceptance of any winnings or (c) any breach of this Agreement.
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 TV) may withhold payment of your winnings on account of any damages or other amounts owed by you to the Service Providers.
4. Betfair TV reserves the right to amend your Betfair TV 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 and you agree not to use any such nickname.
5. You acknowledge and agree that your Betfair TV nickname, together with details of any bets that you have placed, will be displayed within games made available on Betfair TV and viewable by anyone accessing Betfair TV.
SOFTWARE
1. Title, ownership and all intellectual property or other proprietary rights in Software belong to The Sporting Exchange Limited and/or Betfair TV, including any images, photographs, animations, video, audio, music and text, (other than those items that have been licensed for use by Betfair TV) that may be part of Software. Software in source code form is the trade secret and confidential information of The Sporting Exchange Limited and/or Betfair TV. All rights not expressly granted to you under this Agreement in respect of the Software are reserved to The Sporting Exchange Limited and/or Betfair TV. The Software is protected by all applicable intellectual property laws and international treaty provisions.
2. Title, ownership and all intellectual property or other proprietary rights in Betfair TV are either owned by or licensed to Betfair TV. You shall not acquire any rights, interest in or title to any such intellectual property rights in Betfair TV.
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 unauthorised 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 authorised by this Agreement or otherwise, you will immediately notify TSED and Betfair TV.
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.
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.
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.
7. You acknowledge that only bets placed via a Digital TV platform, set-top box or via www.betfair.tv, will be valid and any other bets placed by any other means will be voidable at Betfair TV’s absolute discretion.
8. Your bet only becomes effective when it is successfully received and processed by Betfair TV. In the event that Betfair TV, for any reason, fails to receive and process your bet in good time, you acknowledge that your bet will not stand.
9. The use of programs designed to automatically place bets within certain parameters (also known as “bots”) is prohibited on Betfair TV.
10. You acknowledge that use of Betfair TV confers no rights whatsoever to the intellectual property rights in Betfair TV. 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 TV.
11. From time to time Betfair TV may provide you with access to various information and content via the Betfair TV website (including micro-sites and video content) and/or emails. Further Betfair TV 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.
12. 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 TV 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.
13. Betfair TV 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 TV.
14. Any links from the Betfair TV website to third party websites do not constitute an endorsement by Betfair TV of any products or services available on such websites. You use such websites at your own risk and Betfair TV takes no responsibility for the content on, or use of, such websites.
TERMINATION
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. These terms may be revised from time to time and updated to the live website environment; your continued use of Betfair TV shall constitute acceptance of any such revised terms.
2. The Service Providers (or any of them) may restrict your access to Betfair TV, suspend your Betfair TV 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 TV, suspend your Betfair TV 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 TV;
  - 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 TV or Software any actual or potentially defamatory, offensive, racist, harmful or obscene language or material.
3. You may terminate this Agreement at any time by prior written notice to Betfair TV.
4. Except where Clause 5.1 of this Agreement applies, on termination of this Agreement any balance in the Betfair TV 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.
BETFAIR TV TERMS
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 TV in any way, in addition to any other remedies available to it, they may withhold payment of your winnings. In addition Betfair TV reserves the right not to transfer your account balance to your Betfair sports betting 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.
2. As part of Betfair TV, Betfair TV may offer other games and/or services from time to time.
3. Betfair TV may, in its absolute discretion, alter or amend or withdraw any game from Betfair TV or any part thereof, at any time, and may alter prices, features, specifications, capabilities, functions and/or other characteristics of Betfair TV.
4. Betfair TV will be operated and played in accordance with the rules of the LGA as applicable. Betfair TV reserves the right to terminate your access to Betfair TV at any time, for any reason. In such circumstances the terms set out in clause 4 above shall apply.
5. Betfair TV 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.
FORCE MAJEURE
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.
USER INFORMATION & PRIVACY
1. You are solely responsible for the security and protection of your telephone number, Betfair TV pin number, Betfair TV nickname and any other username and/or password used to access Betfair TV (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 jeopardise its confidentiality. You will not permit any third party to use your User Information in order to access the Software or Betfair TV, whether authorised or not without the express written consent of Betfair TV and provision of an appropriate power of attorney and indemnity.
2. You are solely responsible, liable and accountable for all use or access of Betfair TV 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 authorised by you or not.
3. The Service Providers do not generally provide details of your Account to third parties, however, each reserves the right and you explicitly consent to allow them to:
  - disclose information in accordance with the Betfair Privacy Policy for which purpose you hereby explicitly re-affirm the same as if entered into with each of the Service Providers;
  - release any information with respect to your Account to a request by a financial institution, credit reporting agency, a governmental agency, regulatory body or court of law, whether such request is made pursuant to a court order or otherwise;
  - provide details of your Account to the police or other investigatory agency pursuant to a request issued by them;
  - provide details of your Account to your credit card issuer, bank or credit reporting agency for the purpose of conducting a credit investigation;
  - provide details to a credit reporting agency where the User has failed to pay a disputed transaction(s) and evidence exists to substantiate the transaction(s);
  - seek verification of any information provided by you in relation to your Account;
  - provide details of your Account and/or your use of the Betfair TV or Software to a third party for the purposes of providing you with the Betfair TV or Software or to a successor in title to the business; and
  - take all such steps and do all such things as its Privacy Policy and Terms and Conditions may permit it and its parent company to do.
PERSONAL DATA
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 TV and Software. By using Betfair TV 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.
ERRORS & OMMISSIONS
1. If there is any discrepancy between the gaming results on your Digital TV platform, set-top box or computer and the results on the game server for Betfair TV, the results on the game server for Betfair TV shall be final and binding. If there is any discrepancy between your on- screen display and the balance in your Betfair TV 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.
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 TV or the Software to operate in accordance with the rules of any of Betfair TV's games then the Service Provider's 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.
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.
CHANGES TO THIS AGREEMENT
1. The Service Providers may modify, restate or amend the terms and conditions of this Agreement, the rules of Betfair TV, 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 TV site:
  - in the "user message" or "read me text" notice that pops up on your screen from time to time when you log on to use Betfair TV; or
  - on Betfair TV's web site at www.betfair.tv.
2. A copy of this Agreement, as updated from time to time, is available for your review at any time on Betfair TV's web site at www.betfair.tv. It is your responsibility to check the terms and conditions of this Agreement and the Betfair Privacy Policy from time to time.
3. If you use or continue to use Betfair TV or the Software after the posting of the any change to this Agreement or the rules of Betfair TV, the terms for promotions or any 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.
NO WARRANTIES & LIMITED LIABILITY
1. ANY GAMES OFFERED BY BETFAIR TV 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 TV 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 TV OR IN THE SOFTWARE HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THEY MEET YOUR REQUIREMENTS.
2. BETFAIR TV'S MAXIMUM LIABILITY OF THE SERVICE PROVIDERS TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF ANY GAMES OFFERED BY BETFAIR TV 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 ANY OFFERING FROM BETFAIR TV. BETFAIR TV'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF ANY GAMES OFFERED BY BETFAIR TV 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 TV AND/OR THE SOFTWARE.
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 TV, 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 TV 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.
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.
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 TV 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.
6. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR DEATH NOR FOR REPRESENTATIONS MADE FRAUDULENTLY.
INDEMNITY
1. You shall defend, indemnify, and hold the Service Providers, their parents, subsidiaries, partners (including anyone else involved in creating, producing or delivering Betfair TV 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 TV 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 Transfer Transaction or Authorised Transfer Transaction or Unrecognized Transaction and for any failure by the Service Providers and/or delays (however caused) incurred in the processing, reversal or adjustment of any Transfer Transaction or Authorised Transfer Transaction or Unrecognised Transaction.
HELP AVAILABILITY
1. Betfair TV and Betfair shall use reasonable commercial efforts to ensure that:
  - the Betfair TV and Software shall be available seven days a week, twenty-four hours a day; and
  - 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.
  Notwithstanding the foregoing, the Service Providers shall not be liable for any damages and losses that you or any third party may incur as a result of the Service Provider's failure to provide the Betfair TV or the Software other than as expressly provided in clause 11.6 above.
GENERAL MATTERS
1. The relationship between you and the Service Providers under this Agreement is a business relationship and 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 TV or Betfair.
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.
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.
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.
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 TV
  85, St John Street
  Valletta
  VLT1165
  Malta
  
  Email: help@betfair.tv with a copy to legal@betfair.com
  
  TSE (Developments) Ltd
  Waterfront, Chancellors Road,
  Hammersmith Embankment,
  London
  W6 9HP
  United Kingdom
  
  Email: info@betfair.com with a copy to legal@betfair.com
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.
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.
8. This Agreement constitutes the entire agreement between you and the Service Providers relating to Betfair TV, and supersedes any prior understandings, representations (other than those made fraudulently), agreements or commitments, whether written or oral between you and those parties.
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.
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.
11. The Service Providers are not liable for the failure of any equipment or software howsoever caused, wherever located or administered, or whether under our direct control or not, that may prevent the operation of Betfair TV and/or the Software, impede the placing of bets, or prevent you from being able to contact us.
12. 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.
13. 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.
LAW & JURISDICTION
1. 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.

V 01/08 03/12/08

Terms and Conditions

INTRODUCTION TO GENERAL TERMS & CONDITIONS

LICENCE CODE: UNITED KINGDOM

AGREEMENT (GENERAL TERMS & CONDITIONS)

TERMS AND CONDITIONS APPLICABLE TO ALL BETS PLACED ON AUSTRALIAN EVENTS, THE AUSTRALIAN TOTE AND THE AUSTRALIAN MULTIPLES

INTRODUCTION TO AUSTRALIAN MARKET TERMS & CONDITIONS LICENCE CODE: AUSTRALIA

TERMS AND CONDITIONS FOR BETTING BY NON-UK CUSTOMERS

INTRODUCTION TO GENERAL COUNTERPARTY TERMS AND CONDITIONS

LICENCE CODE: MALTA

AGREEMENT (COUNTERPARTY TERMS AND CONDITIONS)

BETFAIR CASINO END USER TERMS AND CONDITIONS OF USE IMPORTANT READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT

BETFAIR GAMES END USER TERMS AND CONDITIONS OF USE IMPORTANT READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT

BETFAIR POKER END USER TERMS AND CONDITIONS OF USE IMPORTANT READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT

BETFAIR ARCADE END USER TERMS AND CONDITIONS OF USE IMPORTANT READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT

BETFAIR TV END USER TERMS AND CONDITIONS OF USE IMPORTANT READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT

INTRODUCTION TO AUSTRALIAN MARKET TERMS & CONDITIONS
LICENCE CODE: AUSTRALIA

BETFAIR CASINO END USER TERMS AND CONDITIONS OF USE
IMPORTANT READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT

BETFAIR GAMES END USER TERMS AND CONDITIONS OF USE
IMPORTANT READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT

BETFAIR POKER END USER TERMS AND CONDITIONS OF USE
IMPORTANT READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT

BETFAIR ARCADE END USER TERMS AND CONDITIONS OF USE
IMPORTANT READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT

BETFAIR TV END USER TERMS AND CONDITIONS OF USE
IMPORTANT READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT