Terms & Conditions

Please note that by accepting these terms and conditions you acknowledge that you have read and agree to them.

These Terms and Conditions will be effective from 28th November 2020

Agreeing to the Terms and Conditions Parties

These Terms and Conditions apply to, and govern your use of the SoccerPots App (“our Website or Site or App“), including all services, functionality, and software made available via the Website or App (“Services”). By registering on the App and accepting these Terms and Conditions, you are entering into a legally binding agreement which incorporates our Privacy Policy and the rules for SoccerPots. Specific Services may have their own terms and conditions (for example, in relation to a particular promotion) and those terms will also be incorporated into these Terms and Conditions once accepted by you.

Please note that the terms and conditions for specific Services shall prevail in the event of any conflict between such terms and these Terms and Conditions.

Parties

These Terms and Conditions are a binding legal agreement between you and Soccer Pots Limited, a company registered in England and Wales (company number 11803770 with its registered office at 25 Church Lane, Lillington, Leamington Spa, CV32 7RG. For further contact details please see the end of these Terms and Conditions.

References in these Terms and Conditions to “us”, “our” or “we” are references to Soccer Pots Limited, and references to “you” and “your” are to you as the end user of the App and/or the Services.

Soccer Pots Limited is licensed and regulated by the Gambling Commission (Account Number : 54918).

Changes to the Terms and Conditions

These Terms and Conditions govern your use of the Website or App and the Services and supersede any and all prior agreements between you and us in respect of the same.

We may change these Terms and Conditions at any time in order to reflect changes to the Website or App and/or the Services, including additional products or services offered by us or a third-party. We will publish any changes to these Terms and Conditions on the Website or App and we will give you at least seven (7) days’ advance notice (by, at our sole discretion, emailing you and/or providing a prompt on the Website or App and/or publishing a notice and the revised terms and conditions on the Website or App). Your continued use of the Website or App and the Services following notification or, as the case may be, such advance notice will be deemed binding acceptance of the modification. If any such change is unacceptable to you, you should not continue to use the Website or App and the Services.

It is your sole responsibility to review the Terms and Conditions (including the Game Rules) and any amendments to them each time you use the Website or App and/or the Services.

Intellectual Property

You acknowledge and agree that all copyright, trademarks and other intellectual property rights in all material or content supplied or made available by us via the Website or App or otherwise to you shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the Website or App and utilised in the provision of the Services is made available by us to you for your own personal non-commercial use only. Any other use of such material and content is strictly prohibited. You agree not to (and agree not to assist or facilitate any third-party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with or create derivative works of such material and content.

The names, images and logos identifying us, our partners or other third-parties and our/their products and services contained on the Website or App are proprietary marks and may not be reproduced or otherwise used without express permission.

Compliance with laws

Access to certain Services may not be legal for some or all residents of, or persons present in, certain countries. We do not intend that the Website or App and/or the Services be used by persons in countries in which such activities are illegal. The Website or App and/or the Services do not constitute an offer, solicitation or invitation by us for the use of, or registration for, betting or other services in any jurisdiction in which such activities are prohibited by law. In particular, without limitation, residents of the United States of America and its territories, the Netherlands, Australia, Turkey, Nigeria, Norway, Portugal, Hong Kong, France, Israel, Austria, Belgium, Japan, Serbia, Switzerland, UAE, Canada, Cyprus or China must not use the App and/or the Services.

It is your responsibility to determine the law that applies in the location in which you are present. You should ensure that you are acting legally in that jurisdiction in registering as our Player and/or betting via the App and/or using the Services.

We accept no liability if your use of the Website or App and/or the Services and/or placing a monetary value on a Match Outcome is in contravention of the law of your home country or the country in which you are present. However, if at any time we believe your use/participation is in contravention of such law, we shall be entitled to exclude you from using the App and/or the Services as we see fit and declare void any bets placed by you, in which event no winnings will be paid in relation to such bets.

You are responsible for reporting your winnings and losses if such reporting is required by your local law or tax authorities. It is your responsibility to pay any tax or levy due on any winnings paid to you by us.

You must be at least 18 years old to use the App and/or the Services and to place an entry. By opening an account with us (“Player Account”) you confirm that you are aged 18 or older. Underage gambling is a criminal offence and further age verification checks are performed by Soccer Pots Limited upon account creation.

By agreeing to these Terms and Conditions you authorise us to check with a third-party the details you provide when registering with the App or changing your Player Account details. This may include supplying the details that you have provided to authorised credit reference agencies. In particular, we may verify that you are 18 years old or over or that you are resident in the country in which you say you are a resident and/or that you are the owner of the debit card (or Mobile Payment Equivalent) that is registered to your Player Account and any sums deposited in your Player Account. To help us combat fraud efficiently, in certain circumstances we may ask you to provide physical copies of your personal identification documents in order to verify your registration details.

If age verification reveals that you are not 18 years old or over then all deposits will be returned to you, no winnings will be paid and your Player Account will be closed. Please note that transaction fees are applicable for monies returning payments to Player/Managers in these circumstances.

Limitations and exclusions

Nothing in these Terms and Conditions will:

Exclude or limit our liability for fraud or fraudulent misrepresentation or for death or personal injury resulting from our negligence; or
Restrict your statutory rights (statutory rights include, for example, that we will provide the App and the Services to a reasonable standard and within a reasonable time).

We will not be responsible under these Terms and Conditions for any loss that could not have been reasonably expected by you and us at the time you registered with the App or at the time you entered into a transaction with us (for example, any loss of income, business or profits or any information which is lost or corrupted) and, in any event, we will not be liable for any damage or loss suffered or incurred by you as a result of:

any use of the App and/or the Services in breach of these Terms and Conditions (including any use of the App and/or the Services for commercial or business purposes);
failures caused by the equipment you use to access the App and/or the Services or failures in any network (including failures by your internet service provider);
any lost or delayed transactions (including as a result of technical failure);
damage to your computer or for any loss or corruption of data that results from your use of the Website or App and/or the Services (and we cannot and do not guarantee that any files that you download are free from viruses, contamination or destructive features); or
our cancellation or suspension of the Services in accordance with these Terms and Conditions.

We do not guarantee which Services will be available on the Website or App. The Services and the Website or App are provided on an ‘as is’ and ‘as available’ basis. We cannot promise that the Website or App and the Services will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. We will provide the Services with the reasonable skill and care described in these Terms and Conditions. We do not make any other promises about how the Services will be provided to you or about your access to the Website or App.

The Website or App may contain links to third-party websites and services through advertising or otherwise. These links are provided for your ease of reference and convenience only. We have no control over those third-party websites or services and are not responsible for their content. We do not endorse the material contained on their websites or services, and have no association with their operators. You agree that we will not be party to any transaction or contract with a third-party that you may enter into and we will not be liable to you for any loss or damage which you may suffer by using those third-party websites and services. You agree that you will not involve us in any dispute you may have with such third-party websites and services.

We are not responsible for any events beyond our reasonable control. Such events might include war, terrorist activity, riots, malicious damage, fire, flood, storm, nuclear accident or compliance with any new law or governmental order, rule, regulation or direction.

We may suspend the Website or App and/or the Services or any part of them if, despite making reasonable efforts to do so, we are not able to provide that part of the Services and/or Website to you as a result of events beyond our reasonable control. However, if we suspend all or any part of the Services and/or the Website or App because of one of these events, we may refund to you any monies that you stake where the product for which such monies were staked is not available as a result of such an event.

You agree to compensate us in respect of any damages suffered by us or any of our losses resulting from any claim made by a third-party in each case in respect of any matter arising from your use of the Website or App and/or the Services in breach of these Terms and Conditions or from your breach of any applicable law or regulation.

Termination

We reserve the right at our absolute discretion, and without any obligation to provide you with a reason, to immediately terminate these Terms and Conditions and/or withhold your Player Account balance and/or suspend your Player Account and/or close your Player Account and/or recover from your Player Account the amount of any affected winnings. Examples of situations where we may take any of the above actions include, but are not limited to, where:

you are in breach of an important provision of these Terms and Conditions;
we become aware that you have used or attempted to use the Website or App and/or the Services for the purposes of fraud, collusion or unlawful or improper activity;
we become aware through an official source that you have played at any other online gambling site or services and, in connection with the same, are suspected of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity;
you have not excluded yourself from betting with us, or any other gambling operator
you become bankrupt, do not make payment of a court judgment on time, make an arrangement with your creditors or any of your assets are the subject of any form of seizure, or analogous proceedings are brought in relation to you anywhere in the world;

You are entitled at any time to close your Player Account and terminate these Terms and Conditions on notice to us by email or post using the details on the Website or App. We will respond within a reasonable time. You remain responsible for activities using your Player Account until it is closed. You will be required to withdraw any outstanding balance in your Player Account (if any) on termination of these Terms and Conditions.

We are entitled to close your Player Account and terminate these Terms and Conditions by giving notice to the email address you notified to us in relation to your Player Account and, following such notice, you will no longer be able to access the Services.

Termination shall be effective from the date on which all outstanding bets made by you via your Player Account as at the date on which notice to close your Player Account was sent are settled and such notice of termination of these Terms and Conditions will not affect any outstanding bets provided they are valid and not in breach of these Terms and Conditions.

Your use of the Website or App

We reserve the right to suspend, modify, remove and/or add to the Services and/or to the Website or App at our sole discretion with immediate effect and without notice.

We will not tolerate fraudulent activity. If, in our reasonable determination, you are found to have attempted to defraud us, any other user of the Website or App or any person in any way, including (but not limited to) payment fraud, or if we suspect you of fraudulent payment, including use of stolen cards, or any other fraudulent activity or prohibited transaction (including but not limited to money laundering), we reserve the right to suspend and/or close your Player Account, withhold any or all winnings and share information (together with your identity) with the police and other appropriate authorities. Please see ourPrivacy Policy for further details.

You must not misuse the Website or App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to: the Website or App; the servers on which the Website or App is stored; or, any server, computer or database connected to the Website or App or used to provide the Services. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, we may close your Player Account and terminate these Terms and Conditions.

You agree that you will not use the Website or App and/or the Services in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person.

You agree not to give any indication that you have any commercial relationship with us or that you are our agent.

Remote Entry

You are entering via an electronic form of communication and consequently you acknowledge that:

you may be using a connection or equipment which is slower than the equipment used by others and this may affect your performance in time critical events offered via the Website or App; and
you may encounter system flaws, faults, errors or service interruption caused by unexpected flaws, faults or errors in the software, hardware or networks used to provide the Services and the Website or App. Where such flaws, faults or errors cause a Service to be interrupted or in circumstances where it cannot be restarted from exactly the same position without any detriment to you, we will take all reasonable steps to treat you in a fair manner.

The Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the Services are discontinued, modified or changed in any way.

Contacting Us

If you have a complaint or any enquiries or otherwise need to contact us in any way, you can do so by email using the details set out in the “Contacting Us and Dispute Resolution” section below.

Governing Law and Jurisdiction

These Terms and Conditions are governed by and interpreted in accordance with the laws of England and Wales (or the laws of Scotland or Northern Ireland if you live there).

Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales (unless you choose the jurisdiction of your home in Scotland or Northern Ireland).

Responsible Gambling

Whilst you are, and shall remain, responsible for any losses you incur as a result of your use of the Website or App and the Services, we take our commitment to responsible gambling seriously. Further to this, if, in our reasonable opinion, you are at risk of developing a problem controlling your gambling, we reserve the right to suspend and/or close your Player Account.

Please see the menu entitled “Responsible Gambling” on the Website or App for information on how to gamble responsibly, how to receive help in respect of problem gambling and our self-exclusion procedures.

Registering and opening a Player Account

To use our range of Services you need to complete your registration and open a Player Account. You can register and open a Player Account by following the instructions in the SoccerPots App.

When you open a Player Account, you will be asked to provide personal information, including, but not limited to, your first and last name, address, email address, date of birth and other contact details such as telephone number. You can change the details you provide at registration at any time by editing your Player Profile preferences or contacting Player services using the details below. For further information about our collection and use of your personal information, please refer to our Privacy and Cookies Policy.

When you register and open your Player Account, you will need to provide your email address and choose a password. After opening your Player Account, you must keep your password secret. We recommend that you regularly change the password.

All transactions where your username and password have been entered correctly will be regarded as valid, whether or not authorised by you, and we shall not be liable for any claims in the event that you disclose them to anyone. It is your sole responsibility to maintain the confidentiality of your password and you are responsible for all activity that occurs under your username and password. You should notify us of any unauthorised use of your password and any breach of security as soon as you become aware of it.

If you lose or forget your password please follow the password reset instructions on App or contact our Player services team using the details below. It is your responsibility to contact our Player services team immediately to request a replacement password.

We retain the right to void any transactions or suspend your Player Account where you have provided incorrect details. In such a situation, all stakes or bets made will be returned to you and any winnings accrued at such time shall be forfeited by you. A Player Account is only available in pounds sterling any personal and financial details that you provide to us are encrypted during transmission.

Joining a League, Placing Bets and Payments

To participate in a League, you shall pay the required Bet money for the Round in play. You agree to pay monies for the Bet via our accepted methods to an account in line with our policies and procedures, against which you shall be able to use our services. You are obliged to check that the Bet is correct before committing to the Bet. We reserve the right not to accept your Bet. We reserve the right to propose a different stake size or price for the selection on any Bet. Bets placed are not valid until SoccerPots has received payment. In the event that such payment is not forthcoming before the start of the Round, then that Bet is automatically void. SoccerPots staff cannot place bets on your behalf. We cannot be held responsible for a Bet not being placed for any reason, included but not limited to; computer malfunctions and failure of telecommunications services or internet connection. We will not honour Bets that have been submitted to us, but not confirmed in the manner described above.

In the event that a sum is mistakenly credited to your Account, SoccerPots shall be entitled to make the appropriate adjustments.

In the event that a sum is mistakenly credited to your Account, and this money withdrawn, then you must reimburse the sum immediately upon request.

Deposits and Withdrawals

To deposit funds, you will need to access your Player Profile and click on the “Deposit” link. You will be asked to enter a deposit amount and your debit card details, if required.

We will credit your Player Account with your deposits and winnings. We are not a bank and we do not offer credit.

The minimum deposit is £5 and you can only place transactions up to the amount available in your Player Account. Funds in your Player Account do not bear interest and are deemed to be advance payments for intended transactions. Deposits made via non-UK debit are subject to a separate processing fee of 3.5% and this shall be deducted from the Player/Manager account when deposit is made.

Monies will remain in your Player Account unless you withdraw any using the “Withdraw” link in the Player Profile, in which case the entered amount will be transferred to the debit card previously used with us. Pots winnings are not subject to a withdrawal processing fee.

Customer Funds

Without prejudice to any other rights or remedies available to us, we may at any time set off any positive balance in your Player Account against any amount owed to us by you.

Customer funds (held in the “Player Account”) are held separately from company funds in a client account separated from our normal SoccerPots business accounts.

Our UK Gambling Commission requires that we inform our customers about how your funds are held and protected in the event of insolvency. In the event of insolvency, customer funds are not protected. More information can be found here www.gamblingcommission.gov.uk/for-the-public/Your-rights/Protection-of-customer-funds.aspx

Making acceptance and validation of transactions

We reserve the right to accept or decline all, or part, of any transaction.

Despite every effort to ensure total accuracy, we do not accept responsibility for any errors or omissions in respect of information provided on the Website or App.

If an error is made in the prices or conditions published, we reserve the right to correct any mistakes and to settle any transactions already made at the correct price.

Where we believe that match-rigging has taken place, either as a result of the size or volume of bets received, or from other evidence, or where the integrity of an individual event is called to question, we reserve the right to withhold payment and ultimately to declare bets on that event void and we shall report the matter to the Gambling Commission and sports regulatory bodies.

Any entry accepted in error for an event that has already taken place, or where betting has been suspended, will be void.

You can view all transactions via the “Transaction History” section of the site.

Once a transaction has been confirmed, it cannot be cancelled, amended or reversed.

Payment of Winnings

Subject to these Terms and Conditions, winnings will be added to the balance of your Player Account once the relevant transaction/round has been settled.

Winnings will usually be added to the balance of your Player Account without you needing to make a claim and will be available immediately after completion of a round (subject to the rules of winning a round). If you believe that you have not received any winnings due to you then you should notify us as soon as possible and provide evidence for your claim. No claim for winnings may be made more than six months after the date on which the relevant event took place.

Leagues which are closed by the League Manager and contain money still in the Pot, will be distributed to the Player(s) with the highest number of correct predictions from the last active round.

Inactive Accounts

If there has been no recorded transaction on your Player Account for a period of 12 consecutive months or more, your Player Account will be considered inactive (“Inactive Account”). Any Inactive Account will be charged a monthly administrative fee of £2 or 5% of the balance of the Inactive Account (whichever is the greater) (the “Inactive Account Fee”) per calendar month.

You should limit your transactions to one Player Account only. However, should we find that you have more than one Player Account then, without limiting any other action we may take in relation to such multiple Player Accounts, each such Player Account will be treated separately for the purposes of applying the Inactive Account Fee.

Prior to any Player Account becoming an Inactive Account (and any Inactive Account Fee being charged), we will send you (to the email address registered on your Player Account) an email to let you know that your Player Account is about to become an Inactive Account and that an Inactive Account Fee may apply.

Should deductions of Inactive Account Fees from an Inactive Account mean that the account incurs a negative balance, then the balance of that Inactive Account shall be deemed to be zero.

If at any time you engage in activity in respect of an Inactive Account that has been subject to the deduction of Inactive Account Fees we will reimburse you on request an amount equal to the Inactive Account Fees charged to that account up to a maximum of £30. You can request a reimbursement by using the contact details below.

Data Protection

The parties shall comply with all applicable requirements of Data Protection Legislation at all times.

By accepting these Terms and Conditions, you confirm that you have read all of the terms of our Privacy Policy and Cookie Policy which explains how we will use the personal data.

In this clause “Data Protection Legislation” means the General Data Protection Regulation 2016 (Regulation (EU) 2016/679) together with the equivalent legislation of any other applicable jurisdiction and all other applicable laws, regulations, guidance and codes of conduct in any relevant jurisdiction relating to the processing of personal data and privacy from time to time and any laws, regulations, guidance and codes of conduct that may amend or replace any of these from time to time.

We will use any personal information that you provide to us or that we obtain from you in relation to these Terms and Conditions in accordance with our Privacy Policy and Cookie Policy, which may be updated by us from time to time.

General

If we need to notify you under these Terms and Conditions, we will do so by email to the email address registered to your Player Account.

We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms and Conditions to another other legal entity. You agree that we may do so provided that this will not adversely affect the standard of service you receive under these Terms and Conditions. In the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under these Terms and Conditions to another legal entity, your only rights under or in connection with these Terms and Conditions will be against the new legal entity and not against us. You may terminate your agreement with us at any time.

These Terms and Conditions are personal to you. You may not transfer your rights or obligations under these Terms and Conditions to anyone else.

If you breach these Terms and Conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions.

If any part of these Terms and Conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

These Terms and Conditions are not intended to give rights to anyone except you and us.

The Website or App, the Services and these Terms and Conditions are only available in the English language.

Contacting Us and Dispute Resolution

Any complaint that you have will be dealt with quickly and fairly as set out below.

Stage One

Contact our Player services team by email on complaints@soccerpots.co.uk. You will need to provide your name, address, email address, contact telephone number, date of transaction and what your complaint relates to. We will look into your complaint and examine the relevant transaction. The reference will be your email address. We will come back to you as soon as possible with a solution, however this can take up to 8 weeks to investigate thoroughly. If you are not satisfied with the answer given under this Stage One, having informed us that this is the case you should proceed as below.

Stage Two – Alternative Dispute Resolution

If you remain unhappy with any resolution offered by us you agree that the matter may be referred for resolution to the Independent Betting Adjudication Service (IBAS), whose contact details are given below, and once your complaint has been submitted it will ask us to provide appropriate information. The dispute will then be placed before an independent panel of betting experts who will recommend what they believe is a fair settlement. IBAS will only deal with complaints about the bet itself and will examine disputes concerning the correct return for an entry or whether it has been correctly struck. IBAS cannot deal with complaints about service, which is a matter for our Player service team. IBAS requires that you have already had a complaint looked at by our Player services before it will adjudicate.

IBAS

PO Box 62639

London, EC3P 3AS

Tel: +44 (0)20 7347 5883

Fax: + 44 (0) 20 7347 5882

email: adjudication@ibas-uk.co.uk

website: www.ibas-uk.com

Alternatively you can raise your complaint using the Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/.