By downloading, browsing, accessing or using this mobile app WinningBets (“WinningBets”), you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the WinningBets and your use of the services offered on the WinningBets. Continued use of the WinningBets will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.
In these Terms and Conditions of Use, the following capitalised terms shall have the following meanings, except where the context otherwise requires:
3. GENERAL ISSUES ABOUT THE WinningBets AND THE SERVICES
3.1 Applicability of terms and conditions: The use of any Services and/or the WinningBets is subject to these Terms and Conditions of Use.
3.2 Scope: The WinningBets, the Services are for your non-commercial, personal use only and must not be used for business purposes.
3.3 Prevention on use: We reserve the right to prevent you using the WinningBets and the Service (or any part of them).
3.4 Equipment and Networks: The provision of the Services and the WinningBets does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the WinningBets or the Services. To use the WinningBets or Services, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using the WinningBets. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the WinningBets or any such third party charges as may arise. You accept responsibility for any such charges that arise.
3.5 Permission to use WinningBets: If you are not the bill payer for the mobile telephone or handheld device being used to access the WinningBets, you will be assumed to have received permission from the bill payer for using the WinningBets.
4 YOUR OBLIGATIONS
4.1 Prohibitions in relation to usage of Services, WinningBets: Without limitation, you further undertake not to or permit anyone else to:-
4.1.1 resell any products;
4.1.2 attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);
4.1.3 execute any form of network monitoring which will intercept data not intended for you;
4.1.4 enter into fraudulent interactions or transactions with us (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
4.1.5 extract data from or hack into the WinningBets;
4.1.6 use the Services or WinningBets in breach of these Terms and Conditions of Use;
4.1.7 engage in any unlawful activity in connection with the use of the WinningBets or the Services; or
4.1.8 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the WinningBets or Services.
5. RULES ABOUT USE OF THE SERVICE AND THE WinningBets
5.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the WinningBets will be free of faults, and we do not accept liability for any such faults, errors or omissions.
5.2 We do not warrant that your use of the Services or the WinningBets will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the WinningBets will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the WinningBets, access to the Services and the WinningBets may be suspended, restricted or terminated at any time.
5.3 We do not give any warranty that the Services and the WinningBets are free from viruses or anything else which may have a harmful effect on any technology.
5.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the WinningBets from time to time. Your access to the WinningBets and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the WinningBets at any time.
5.5 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
6. SUSPENSION AND TERMINATION
6.1 If you use (or anyone other than you, with your permission uses) the WinningBets, any Services in contravention of these Terms and Conditions of Use, we may suspend your use of the Services and/or WinningBets.
6.2 If we suspend the Services or WinningBets, we may refuse to restore the Services or WinningBets for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.
6.3 Without limitation to anything else in this Clause 6, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or WinningBets; (b) suspend your use of the Services and/or WinningBets; and/or (c) suspend the use of the Services and/or WinningBets for persons we believe to be connected (in whatever manner) to you, if:
6.4.1 you commit any breach of these Terms and Conditions of Use;
6.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or
6.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
6.5 Our rights under this Clause 6 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
7. DISCLAIMER AND EXCLUSION OF LIABILITY
7.1 The WinningBets, the Services, the information on the WinningBets and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.
7.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the WinningBets and its contents, including in relation to any inaccuracies or omissions in the WinningBets, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
7.3 We do not warrant that the WinningBets will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the WinningBets will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
7.4 While we may use reasonable efforts to include accurate and up-to-date information on the WinningBets, we make no warranties or representations as to its accuracy, timeliness or completeness.
7.5 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the WinningBets and the services offered in the WinningBets, your access to, use of or inability to use the WinningBets or the services offered in the WinningBets, reliance on or downloading from the WinningBets and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
7.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the WinningBets and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
7.7 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
7.8 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the WinningBets, or electronic mail transmitted to and from us, will not be monitored or read by others.
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your mobile device or credentials, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the WinningBets are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
9.2 Nothing contained on the WinningBets should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the WinningBets without our written permission. Misuse of any trademarks or any other content displayed on the WinningBets is prohibited.
9.3 We will not hesitate to take legal action against any unauthorised usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trade marks of their respective owners.
10.1 We may periodically make changes to the contents of the WinningBets, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the WinningBets.
10.2 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the WinningBets and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.
11. APPLICABLE LAW AND JURISDICTION
11.1 The WinningBets can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the WinningBets both you and we agree that the laws of the Alberta, Canada, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the WinningBets.
11.2 You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of the Alberta, Canada in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.