<

TERMS AND CONDITIONS FOR PREDICT A BALL

For Game Rules and Instructions see section 8


1 - THIS AGREEMENT

1.1 These Terms and Conditions (hereinafter referred to as ”Terms and Conditions” comprise the terms and conditions of your use of the Predict A Ball service provided in whatever form on this Application (the “Application”) or this Website (the “Website”) (as the case may be) and through whatever delivery mechanism offered. They constitute your agreement with us and apply to the exclusion of any other terms that you seek to impose or incorporate or which are implied by trade, custom, practice or course of dealing.


1.2 Any references to “Terms and Conditions” include these Terms and Conditions and the privacy policy. To the extent that there is any inconsistency between these Terms and Conditions and the Privacy Policy, these Terms and Conditions shall prevail.


1.3 Predict A Ball is owned by Its One of Our Own Limited, a registered Company in England and Wales, with registered offices at 25 Collingham Drive, Nunthorpe, Middlesbrough, England, TS7 0GB. Registered No: 10051187.


1.4 In these Terms and Conditions, Its One of Our Own Limited is referred as “Predict A Ball”, “we”, “us” or “our” and you are referred to as “member”, “customer”, “you” or “your”. A dedicated amount of funds that a Customer has within Predict A Ball is held in your “wallet”. The winning prize at the end of a “game” is referred to as the “pot”.


1.5 These Terms and Conditions come into force immediately upon acceptance by you, indicating that you agree with and accept to be bound by its terms. You are advised to read these Terms and Conditions carefully. Your continued use of the Application and/or Website means that you accept these Terms and Conditions, which form a binding legal agreement between you and Predict A Ball. You are agreeing to the Terms and Conditions when signing up to play allowing you to continue using the application.


2 - AMENDMENTS TO THIS AGREEMENT


2.1 We reserve the right to revise or amend the Terms and Conditions at any time. Any amendments will be notified to each customer and must be accepted by ticking an “I accept” box before they will be binding on you. If you disagree with any such revision or amendment your will be restricted from using the application until you do so. You should cease using the Application and/or the Website immediately and on request by e-mail to [email protected], your account will be closed and any funds remaining in your account (after any ongoing pool has been played out) will be refunded to you.


2.2 No customer service operative has the power to amend these Terms and Conditions.


3 - ACCOUNT INFORMATION


3.1 You are only permitted to open one account. We reserve the right to close any accounts that we consider to be duplicate accounts and void any games made via such duplicate accounts.


3.2 Your account is for a single user only. You are not permitted to share your password or grant access to any other person.


3.3 You are required to enter all mandatory information requested by us. We shall not be liable for incorrect entries, including but not limited to data input error.


3.4 You must be over the age of 18 (eighteen) to register and open an account with us. Our website and app clearly state that under 18’s are not permitted to register with us. By registering, you warrant to us that you are aged 18 or over and that all information that you provide to us is, to the best of your knowledge and belief, accurate and complete and that any future changes to this information will be provided to us in a timely manner. You will be required to enter your date of birth at the point of first registering an account with us and we will undertake external age verification checks to confirm that the information provided is correct. Where we are unable to verify your age via an automated process within 72 hours of registration, your account will be frozen and you will not be able to play or withdraw winnings until manual age verification has been completed. Manual age verification will involve the provision by e-mail to [email protected] of either your passport or driving licence. If age verification shows a customer to be underage, the account will be closed and all funds deposited (but not winnings) will be refunded.


3.5 You shall fulfill all commitments made on your account in the course of using the Application and/or the Website and are fully responsible for all communications from your account. You agree that if any other person uses the Application and/or the Website through your account, you shall be bound by such use as if it were your own use, and you shall fully indemnify us in respect of any failure by such third party to fulfill any commitments made by such use.


3.6 Every member will choose their confidential login information. For security reasons we recommend members change their passwords on a monthly basis. It is your responsibility to keep your credentials securely, as all transactions where login information is used, will be regarded as valid.


3.7 For members using the Application, please note that we will not be responsible for any damage to, or loss of data from mobile phones on which the data is installed, or for any call charges incurred while using the Application. Please note that using the Application and/or the Website over a cellular network may result in data charges from mobile network providers. We will not be responsible for any such charges.


3.8 You agree that any information provided through your account, including names and email addresses, will be accurate, and that you will update that information promptly when it changes. It is your responsibility to ensure that all personal details are current and up to date as failure to do so may result in transactions/payments being declined. You acknowledge that if any of the information is inaccurate, we reserve the right to terminate your account, this agreement and the use of the Application and/or the Website.


3.9 You agree that we may use personal information provided by you in order to conduct anti-fraud checks. Personal information that you provide may be disclosed to a credit reference, fraud prevention agency or an age verification provider which may keep a record of that information. Details are provided in our Privacy Policy.


3.10 By checking a consent tick-box on the app, you agree that we can send you e-mails.


3.11 Customer Funds: Predict A Ball is required by its license to inform you about the status of funds which it holds on account for you, and the extent to which your funds are protected in the event of insolvency. We hold customer funds separate from company funds in a segregated bank account but they would form part of the assets of the business in the event of insolvency. You will be required to tick an “I accept” box when registering for an account to agree to the level of customer funds protection in order for you to continue using the application. Should the level of customer funds protection change in future, you will be notified of this on login and will be required to tick and “I accept” box to agree to the change. If you do not agree to the change you should cease using the Application and/or the Website immediately and on request by e-mail to [email protected], your account will be closed and any funds remaining in your account (after any ongoing pool has been played out) will be refunded to you.

This meets the Gambling Commission's requirements for the segregation of customer funds at the level: minimum segregation. More information on this can be seen at: www.gamblingcommission.gov.uk/consumers/protection_of_customer_funds.aspx.


4 - MAKING DEPOSITS


4.1 You can only join the Main Game or a private League with a Entrance Fee if you have sufficient funds in your wallet or make a direct debit or credit card entrance payment. It is your responsibility to maintain sufficient funds in your wallet.


4.2 You may only enter a game or league or deposit funds in your wallet by using one of the available payment methods supported by the Application and/or the Website.


4.3. Please note that minimum deposit amount is £2.50 and the maximum weekly wallet deposit is £250. This will be automatically enforced by the app and payment provider.


4.4. When using your credit card for depositing funds or playing a game, your funds only clear when we receive an approval and authorisation. Should we not receive any such authorisation, you will not be entered into a game or your wallet will not be credited with these funds.


4.5. Should your credit card be lost or stolen or you suspect fraudulent activity on your card you should inform us as well as the bank immediately.


4.6. Should any funds be credited to/debited from your wallet in error, it is your responsibility to notify us without delay. If we are responsible for that error, we shall be entitled to reverse any credits and/or recover those sums from you if they have been withdrawn.


4.7. Credit balances in your wallet will not attract any interest payments.


4.8. We reserve the right to raise queries regarding the source of any funds placed in your wallet, as is required by anti-money laundering legislation. We may suspend or terminate any such account where the answers to such queries are unsatisfactory.


4.9. You may only make deposits and withdrawals to and from your wallet for the purpose of using the service available on the Application and/or the Website and we reserve the right to suspend or terminate your account in the event that we suspect that you are using your account for other means. In such circumstances, we reserve the right to charge a handling fee, to be deducted from the withdrawal to cover our administration time and all bank charges associated with the relevant deposits.


5 - MAKING WITHDRAWALS & REFUNDS


5.1 You can make withdrawals from your wallet up to your current available balance by debit card or credit card (after taking into account all previous fees) subject to the following conditions:-


(a) Withdrawal by UK issued debit or credit cards: each withdrawal must be at least £10 (save in the case of a final withdrawal to close an account). Any withdrawal instruction for an amount exceeding £1000 will require electronic enhanced due diligence checks and may be paid out by us over multiple days, solely at our own discretion. If electronic enhanced due diligence checks cannot be completed, we will ask you to provide us with scanned copies of your ID documents before funds can be withdrawn. These documents may include (for example) passport, driving licence, utility bill and bank statements. If you are not able to provide these documents, withdrawals may be delayed or restricted. Withdrawals may only be made to the debit or credit card you have registered to your account and deposited funds with. If a debit or credit card direct payment entrance fee is paid to enter a game rather than using your wallet, your winnings will automatically be paid back onto the same debit or credit card within 48 hours of the final result.


(b) In the case where a withdrawal option is not available, we reserve the right to charge a reasonable processing fee to return funds via bank wire transfer.


5.2 Withdrawals to credit and debit cards will be displayed as ‘Its One of Our Own Limited’.


5.3 Depending on your chosen payment method, fees may be payable by you as a result of withdrawing funds from your account and will be treated as an independent charge by the relevant payment provider, for which you will be fully responsible.


5.4 If You discover that a payment has been made on this website site using Your charge card or credit card details in circumstances where You had not agreed to or authorised this, then (provided You have not, through failure to take reasonable care, allowed an unauthorised person to gain access to Your credit card details or password. Predictaball.co.uk is required to refund to You the money they receive provided that: (a) You inform Your credit card or charge card company and Predictaball.co.uk of the unauthorised payment as soon as You discover it; and (b) You co-operate with Your credit card company and Predictaball.co.uk and, if necessary, the police in relation to the unauthorised use.


5.5 All payments made via the Website are final unless fraudulent use of the card is proven in accordance with clause 5.4.

6 - DORMANT ACCOUNTS


6.1 For the purposes of these Terms and Conditions, a “Dormant Account” shall mean any customer account which, for a continuous period of 12 (twelve) months or more, has not either (a) had funds deposited in it; or (b) had funds withdrawn from it; or (c) joined a game on it. In respect of such Dormant Accounts, we reserve the right to charge on the last day of each month a processing handling fee of £2 per month (or the remaining balance should the account balance be under £2) which will be deducted in arrears at any time within 10 (ten) working days of the subsequent month together with an annual handling fee of £10 per annum which will be due on 31st December of each calendar year. These charges shall be payable in respect of any Dormant Account until such time as the account becomes active again or has a nil balance.


6.2 If your account has been deemed a Dormant Account and has subsequently been dormant for an additional 12 (twelve) calendar months, your account shall be deemed to be an “Abandoned Account” and closed, and the sum total of cash held in your account at the time of closure will swept to central funds and may be donated to organisation.


7 - CLOSING YOUR ACCOUNT


7.1 You have the right to close your account at any time. To close an account you must do so from your account settings. Upon confirmation for the closing of your account, you will receive an automated email. You will continue to be responsible for all activity on your account until such time as closure of your account has been confirmed to you by us.


7.2 Should you decide to close your account, all live games that you are involved in will hold your entry fee regardless of whether or not the winner of the game been determined. In the scenario that you end up winning a game after closing your account, you will be notified by email as to whom you would like the pot winning transferred to. The remainder of your outstanding account balance at the time of closure will then be returned to you (minus any bank transaction charges).


8 - GAME RULES AND INSTRUCTIONS


DEFINITIONS


CUSTOMERS - This is how Predict A Ball refers to registered users of the app. All Customers must be UK residents.

GAMBLING POOL - Two or more Customers gambling for money

GAME - A Pool, Playing either a Gameweek or Gameday set of fixtures

LEAGUE CREATOR - The Player who creates a Game

GAMEWEEK - A full round of one week’s selected UK Domestic Leagues and Cups or International fixtures.

GAMEDAY - 20 UK Domestic Leagues and Cups or International fixtures on a specific day

RESULT - This is the final score of a football match e.g. Arsenal 3 - Chelsea 3

INDIVIDUAL LEAGUES – A League created by a Player to play with invited Friends

INVITEES - Friends that have received an invite from the League Creator to join a Game (either existing Customers or non-Customers)

ENTRANCE FEE - The agreed amount of money each Gambling Player commits to one Game currently a minimum of £5.

POT - The total amount of money committed by one Pool in one Game

GAME START - When the (first) match in a Game kicks off

STANDINGS - The screen showing the Player names and their scores in relation to each other during the GAME

GAME LOCKED - 1 minute before the first match kicks off the GAME is locked. Customers cannot edit their predictions after this point

WINNER - The Gambling Player or Players that have the most correct predictions and wins or shares the Pot

MAXIMUM HOME PREDICTIONS – The number of home win predictions allowed per GAME. Currently set at a maximum of 12 Home win predictions.


8.1. Customers predict the outcome of upcoming UK Domestic Leagues and Cups or International fixtures on a specific day or week and enter into a Pool with other Customers. The objective is to predict the final result, win, lose or draw of each the previously pre-selected games by Predict A Ball. The games are preselected from the UK Domestic Leagues and Cups or International fixtures for that Gameweek or Gameday.


8.2. Customers either select to play either the Main Game or choose to join an invited League against friends. All games will have the same Pre-selected fixtures from the UK Domestic Leagues and Cups or International fixtures


8.3. You must make a prediction on the final result for each game by selecting Win, Lose or Draw and you do not lose points for getting a prediction incorrect.


8.4. Each correct prediction is rewarded with 1 point, (i.e. win/lose/ draw). All selections must be received no later than 1 minute before kick-off on the day of the first match of the Gameweek or Gameday. Customers cannot edit their predictions after this point. Each entry requires paying the entrance fee (currently minimum of £2.50).


8.5. The Player or players with the most correct results at the end of the final fixture wins the Pot minus a 10% Predict A Ball commission.


8.6. If a match is abandoned for any reason, it will be removed from that Gameweek/Gameday and added to the Gameweek in which it is rescheduled.


8.7. Any entries into a Game or League by you are done solely on the exercise of your own judgment and discretion. You acknowledge that you have not relied on any statement, representation or advice from us in deciding to play a Game or create a Game League. You also acknowledge that by using the Predict A Ball app you may lose money and you accept full responsibility for any such losses. Any such participation is at your sole discretion and risk.


8.8. By entering into a Game, a Player warrants that (a) they are not prohibited by their terms of employment from entering the game, or by the rules of any other organisation applicable to them; and (b) they do not know the outcome of the subject matter of the Game.


8.9. A maximum of 12 home predictions out the 20 Pre selected fixtures can be selected. Predict A Ball software does not allow an entry of more than 12 home predictions to be accepted and the entry payment will be rejected.


8.10. Should two or more Gambling Customers be placed equal top of the leaderboard in either the £2.50 Game, a Private or Fundraising game or in any of the top 3 positions in the £5 Main Game after the Gameday or Gameweek is finished, i.e. with the same number of points, the Pot will be distributed equally among all players in the same position and scores.


8.11. Fixtures may take place on weekends or mid-week, depending on dates set by the UK Domestic Leagues and Cups and International fixtures. Predict A Ball will decide which fixtures are included for each round.


8.12. Predict A Ball will display results and credit Player’s cards within 48 hours of a round being complete.


8.13. The £5 Main Game Prize Pot will be paid out to players to the top 3 finishing players at a percentage of 70% to the winner, 20% to the second place and 10% to the third place player. In the Private leagues and Fund Raising Leagues the Player with the most points at the end of the Game wins. The credit or debit card any winning Gambling Player will be credited within 7 days of the end of the Game with the Pot minus PredictABall’s commission.


8.14. Please note that you are solely responsible for accounting for your winnings, if so required by law, for tax purposes and to any other competent or relevant authority.


8.15. Predict A Ball charges 10% commission on each Game Pot.


8.16. Void Results: Predict A Ball reserves the right to void a result if it suspects that any of the following has occurred:

  • The integrity of the result has been called into question
  • A result is revealed to have been manipulated in any way
  • Match-rigging has taken place, affecting the outcome of a match
  • A Player is in breach of the Predict A Ball’s Terms and Conditions

If the result is voided as a result of any of the above reasons, the match or the Game, as appropriate in our sole judgement, will be deemed as cancelled and no points will be scored for the match. If the result for a match is overturned by the governing body after the match has finished, the original result will stand.


8.17. Data Provision: Predict A Ball relies on data provided by Crowd Score, a third party data provider, as the source of its results. In the event of a dispute, the data provided by Crowd Score will be the deciding factor. If Crowd Score does not provide the relevant data, Predict A Ball reserves the right to determine a result as it sees fit, according to the official result published by the Press Association (PA) or any other data it may choose to rely on. If you believe that an error has been made in calculating the result, you should contact [email protected] immediately.


8.18. Predict A Ball reserves the right to amend these rules at any time. Any such revision will be binding and effective immediately on posting of notification of such changes on the web site. Your continued use of this game will constitute acceptance of the rules. You will receive an email notification of the changes.


9 - ACCOUNT


9.1. We reserve the right to suspend or terminate your account if we suspect (in our sole discretion) that you are engaged in illegal or fraudulent behaviour while using our services, are breaching these Terms and Conditions, are taking unfair advantage over us or other Customers, or otherwise acting in an unfair manner by exploiting a fault in our software, by collusion or by any other unfair or illegal methods.


9.2. We reserve the right to cancel or void any Games in our absolute discretion, where in our reasonable opinion, there is a manifest error in the Game in question, or there is technological failure.


10 - COLLUSION, CHEATING AND FRAUD


10.1. If you suspect that any such third party might be cheating by undertaking one of the following:

(i) colluding with other third parties; or

(ii) using unfair external factors or influences;

(iii) undertaking fraudulent activities to your possible disadvantage and their advantage;

(iv) use of multiple accounts,

you should report such activity to our Customer Services team at [email protected] as soon as reasonably practicable. Such practices are not allowed and we will take all reasonable steps to investigate any such complaints and, where possible, prevent them. We shall not, however, be liable for any form of loss sustained by you as a result of any of the activities outlined above or any other such unlawful activity of any persons using the Application and/or the Website.


10.2. We reserve the right to terminate your account, withhold the balance of your account and recover from your account the amount of any affected pay-outs or winnings if:

(i) you are found or suspected to be participating in any form of collusion or fraudulent practice;

(ii) we become aware that you have invalidly requested a charge-back or have denied any of the transactions made on your account;

(iii) you become bankrupt or have equivalent proceedings occurring anywhere in the world; or

(iv) you have more than one account at any one time; or

(v) you are found to be in breach of any other terms of these Terms and Conditions.


11 - SUSPICIOUS ACTIVITY


11.1. If we become aware or suspect that a transaction is suspicious and involves or may involve financial crime or similar activity then we reserve the right to retain the amount of that transaction and any other transaction made by you. In addition, we reserve the right to retain any funds related to that activity and the balance on the accounts in question. We shall be under no obligation to provide you with any reasons for these actions. If the activity and transactions are cleared of any suspicions all retained funds will be made available to you.


11.2. Where we suspect that you are participating in any form of collusion, fraudulent practices or money laundering activities, we reserve the right to report such activity to the police, the relevant authorities and regulators, online service providers, banks, credit card companies, electronic payment providers or other financial institutions including details of your identity and you agree to cooperate fully with us to investigate any such activity.


12 - LIABILITIES


12.1. You hereby acknowledge and accept that by using our Application and/or the Website there is a risk of losing money. We accept no responsibility, nor shall we be liable for any consequences that are alleged to have occurred through your use or misuse of the Application and/or the Website.


12.2. The Application and/or the Website are provided “as is” and without any express or implied warranty of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Application and/or the Website on the basis that we exclude all representations, warranties, conditions and any other terms (including but not limited to warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose) which, but for these Terms and Condition might have effect in relation to the Application and/or the Website.


12.3. In no event will Predict A Ball (or any of its group companies, officers, directors, employees, shareholders or agents) be liable for any damages whatsoever including, without limitation:

(a) any direct, indirect, special, incidental, consequential loss or damages whether exemplary or punitive;

(b) any loss of income;

(c) any loss of direct or indirect profits;

(d) any loss of goodwill;

(e) any loss of data;

(f) any loss of contracts;

(g) any loss of use of money;

(h) any loss or damages arising from or connected in any way to business interruption; or

(i) and whether in tort (including without limitation negligence), contract or otherwise in connection with the Application and/or the Website in any way or in connection with the use , any inability to use or the results of the use of the Application and/or the Website including but not limited to loss or damages due to viruses that may infect your computer equipment, mobile handset, tablet, software, data or other property on account of your access to, use of, or browsing of the Application and/or the Website or the downloading of by you of the Application.


12.4. Our maximum liability to you for any matter arising out of or in connection with your use of the Application and/or the Website will be limited to the aggregate of the amount legitimately in your wallet and the return of the amount of the stakes of any Game.


12.5. You agree to indemnify and hold us, our officers, directors, agents, employees harmless (and keep us so indemnified or held harmless) brought against us by any third party from any liabilities, costs, claims, actions, proceedings, damages, expenses (including legal costs and expenses) losses or demands whomsoever arising, suffered or incurred by us as a result of your breach of these Terms and Conditions or any documents incorporated by reference into this agreement or out of your violation of any law or the right of any third party.


12.6. We will not be liable for any loss or damage that you may suffer because of any act of God, power failure, trade or labour dispute, act, failure or omission of any government or authority, obstruction or failure of telecommunication services or networks, access delays or access interruption, data non-delivery or data mis-delivery, the unauthorised use of your security access details or any other delay or failure caused by a third party. In such an event we reserve the right to void any game or cancel or suspend our services arising from such circumstances without incurring any liability. Furthermore, we will not be responsible for the failure of any equipment, wherever located or administered, or whether under our direct control or not, that may prevent the operation of our Application and/or the Website, or prevent you from being able to contact us.


12.7. Nothing in these Terms and Conditions shall exclude our liability which we may have in respect of fraud or death or personal injury arising from our negligence.


12.8. You acknowledge that we will hold information with respect to your identity, including, but not limited to your name, address and date of birth. You agree that we rely on this information in entering into this agreement with you, and you accept that we have no liability whatsoever against any inaccuracy or falsehood contained in the information as provided by you.


12.9. Unless otherwise stated, we are the owners and authorised users of all intellectual property rights in all materials on the Application and/or the Website, and all its content including, without limitation, any copyright, trademarks, text, photographs, videos, logos, designs, codes, templates, specifications and any modification, improvements, enhancements thereof. These intellectual property rights are protected by the laws of United Kingdom, international treaties and all other applicable copyright and intellectual property laws. If you breach any of the terms of clauses 12.10

to 12.12 (inclusive), your permission to use the Application and/or the Website shall automatically terminate and you must destroy any downloaded or printed extracts from the Application and/or the Website.


12.10. Any rights not expressly granted in these Terms and Conditions are reserved. All content and materials on the Application and/or the Website are provided for your own personal usage, thus the reproduction, distribution, or commercial exploitation of such content or materials in any manner whatsoever without our express and prior written consent is prohibited. Any other use or reproduction of any such materials without our prior written consent will constitute a breach of these Terms and Conditions.


12.11. It is strictly prohibited to collect any data from us by screen scraping or any other automated or manual collection. It is also prohibited to use any data from the Application and/or website without our prior written permission.


12.12. For the avoidance of any doubt, you may use the data available on the Application and/or the Website, only as strictly required for your permitted personal purpose of availing of our service. We reserves the right to take such action as we consider necessary, including issuing legal proceedings without further notice to you, in relation to any unauthorised use of our data, or of the Application and/or the Website.


13 - CODE OF CONDUCT


13.1. This is an honour based service. Customers are expected to behave in an honourable manner in all communication with one another, including Playing the game and introducing friends. While using the Predict A Ball app, you agree that all the following will be considered to be inappropriate behaviour and may warrant disciplinary action including termination of your account:

(a) Transmitting or communicating any content which, in our opinion, is offensive, including language that is hurtful, offensive, harmful, threatening, abusive, harassing, obscene, vulgar, sexually explicit, unlawful, or racially, ethnically, or otherwise objectionable.

(b) Posting any inappropriate information about yourself or other members.

(c) Impersonating any person or business, or communicating in any way that makes it appear that the communication originates from Predict A Ball.

(d) Threatening, harassing or stalking another Player.

(e) Spamming chat

(f) Participating in any action which, in our opinion, exploits the app in order to secure unfair advantage over other Customers.

(g) Participating in any action which in our opinion, defrauds any other member of the app.

(h) Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notices of Predict A Ball contained in the App. You are also prohibited from the transmission of content that violates or infringes the rights others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights.

(i) Using any unauthorised programmes that interact with the software in any way for any purpose, including, but not limited to intercepting, emulating, or redirecting any communication, or collecting information or reading memory used by Predict A Ball.

(j) Uploading an inappropriate profile picture or photo.


14 - SOFTWARE AND LINKS


14.1. By using the App, you are wholly responsible for all internet connection fees, together with all equipment servicing or repair costs necessary to allow you to access the App.


14.2. When using the App, it may be necessary for us to provide you with our own software and/or that provided by third parties (“Software”). You may be required to enter into end user terms and conditions of use in respect of such Software in order to make use of such Software. The terms upon which you may download and use any such Software will be made available to you at the time of download and must be accepted by you prior to your use of that Software.

14.3. Under no circumstances shall you interfere with, copy, modify or reverse engineer any Software provided to you by us and/or any third party or attempt to do so.


14.4. The App may contain links to other third party sites. These links are provided solely as a convenience to you and not as an endorsement by us of the content of such third party websites. Use of these links and the external websites are at your own risk. The linked websites are not under our control and therefore we accept no responsibility for the content of such websites. We hereby disclaim all liability with regard to your access to and use of such websites.


14.5. No links are permitted to the App without our prior written permission.

15 - SECURITY


15.1. We follow best practice to safeguard your personal information. You accept the inherent security implications of using the internet, and therefore we cannot absolutely guarantee the security of any information you disclose.


15.2. To maintain a high level of security, we may perform random security checks on your account and keep records of transactions and fees. In the event of a security check, we may require additional documentation and you agree to fully co-operate with us in respect of such requirements. We reserve the right to terminate and/or suspend your registration and/or account and/or withhold payment to you if we do not receive such documentation.


16 - RESPONSIBLE BETTING


16.1. We operate a responsible betting policy including the following:

(a) Setting your limits: We will set a maximum daily deposit limit of £250 for each account by default. You may change your limit and duration in your account settings or by notifying us, but you are not able to increase this limit until the entry limit duration has passed.

(b) Self Excluding: If you wish to restrict your gambling, you can do so by following our self-exclusion procedure in your account settings. Alternatively this facility is available by contacting [email protected]. On completion of this process, we will close your account and return any outstanding balance to you. Any outstanding games you are involved in the money will remain in the pot until the game is complete, if you win the game you will be paid the pot. You can close an account or self-exclude. If you elect to self-exclude, your account may not be opened or utilised ever again. We will use our reasonable endeavours to ensure that we comply with your self-exclusion, but cannot accept any responsibility for any additional account unless requested at the time of the exclusion or at any subsequent time by the member. During the exclusion all efforts will be made to exclude you from Playing. However you must not attempt to join us, and we cannot be responsible or liable for any subsequent consequences or losses (howsoever caused) that you may suffer or incur if you continue gambling through additional accounts where you have altered any of your registration details or you provide misleading, inaccurate or incomplete details or otherwise seek to circumvent the self-exclusion. If you close your account and don’t self-exclude, you may reactivate your account by contacting us at [email protected]. We will not reopen any self-excluded account. By law, we are required to provide you with a 24 hour cooling off period, during which you may elect to keep the exclusion in place.


16.2 If you are considering self-exclusion, you may wish to register with GAMSTOP. GAMSTOP is a free service that enables you to selfexclude from participating online gambling companies licensed in Great Britain. To find out more and to sign up with GAMSTOP please visit www.gamstop.co.uk.


17 - RIGHT OF REFUSAL


17.1. We reserve the right (in our sole discretion) to refuse to register you and/or to suspend and/or terminate your account at any time and/or to refuse to accept any game or transaction in respect of or in connection with your use of the App. We shall not be obliged to provide you with any reasons for so doing and shall not be liable to you in any way for any loss or damages that may result from any such action.


17.2. We reserve the right to refund to you or withhold any payment of monies from or into your account if there is manipulation of our financial system or suspicion or evidence thereof or a breach or suspected breach of any applicable law, regulation or any of these terms and conditions, in each case without providing any reason.

17.3. Use of any account otherwise than in accordance with these Terms and Conditions or any other abuse of any account is strictly prohibited.


17.4. We reserve the right to withdraw your use of any of the App at any time, subject to fulfilment of any outstanding commitments under these Terms and Conditions.


17.5. We reserve the right to remove any Player from a game for any reason.


18 - JURISDICTIONS


18.1. Persons located outside United Kingdom are prohibited from using the Predict A Ball App. This prohibition may be changed by us from time to time with or without notice.


18.2. If a Player joined or created a game in the UK and travels abroad during this period they will not be able to PLAY abroad. Predict A Ball will not be responsible for the fact that members will lose out as a result of being abroad. No refunds will be given as a result of members being abroad during a League.


18.3. It is your responsibility to fully comply with laws concerning betting in the jurisdiction in which you are located. If you live in a country which prohibits betting you must not register with us, or attempt to use our services.


18.4. Accessibility of the Website in any jurisdiction outside the UK shall not be construed as a representation or warranty with respect to the legality of use of the Application and/or the Website in that jurisdiction. No winnings shall be paid to you in respect of the use of the Application and/or the Website whilst you are located outside United Kingdom.


18.5. We reserve the right to terminate your account and refuse any and all current or future use of the Application and/or the Website if we suspect or know that you have been using them whilst located outside of United Kingdom.


19 - MISCELLANEOUS


19.1. No Waiver: Any failure by us to enforce any provisions of these Terms and Conditions shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver of any provision of these Terms and Conditions shall not constitute a waiver or any future obligation to comply with such provision or requirement.


19.2. Severability: These Terms and Conditions are severable. If any term or condition is declared invalid unlawful or unenforceable to any extent, that term or condition will to that extent be severed so that the remaining Terms and Conditions will continue to be valid to the fullest extent permitted by law.


19.3. Assignment: The Agreement is made exclusively between us and you. You shall not be entitled to assign or transfer this Agreement in any way. We are entitled to assign, transfer, charge or otherwise deal in our rights as we see fit.


19.4. Third Party Rights: Unless expressly stated, a person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.


19.5. Entire Agreement: These Terms and Conditions, together with the Privacy Policy, represent the entire agreement between you and Predict A Ball, and your acceptance of the Terms and Conditions is an acknowledgement by you of your agreement to be bound by the terms and conditions.


19.6. Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of the United Kingdom. You irrevocably agree that the courts of the UK shall have exclusive jurisdiction to resolve any dispute or claim of whatever nature arising out of or relating to the Application and/or the Website. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of our intellectual property rights or breach of these terms and conditions is taking place or originating.


20 - COMPLAINTS


20.1. Complaints: If you wish to make a complaint, you may do so by contacting our Customer Support team - [email protected]. Any complaint must be registered with our Customer Services team within 12 (twelve) weeks of the occurrence of the event to which the complaint relates.


20.1. We will investigate your complaint in full and will e-mail you within 10 working days with our response. If you are not satisfied with our response to your complaint we will direct you to The ADR Group which acts as an impartial adjudicator on disputes that arise between betting/gambling operators and their customers after they have been through the operator's own internal dispute procedures and if a deadlock exists.

The ADRg process works as follows:

In accordance with Part 4 of 2015 No. 542 Consumer Protection, the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 we inform you that ADR Group (www.consumer-dispute.co.uk) is our ADR Entity. At such time as we have exhausted our internal complaints handling procedure when considering a complaint from a customer and we have been unable to settle that complaint ADR Group (www.consumer-dispute.co.uk) will be competent to deal with that complaint should the customer wish to use alternative dispute resolution and we will be obliged, or prepared, to submit to an alternative dispute resolution procedure operated by ADR Group (www.consumer-dispute.co.uk).

WE SUGGEST THAT YOU OBTAIN INDEPENDENT LEGAL ADVICE


21 - INTELLECTUAL PROPERTY


21.1. The Predictabll.co.uk name and logo are the property of Its One Of Our Own Limited and may not be used in any way without express written permission from Its One Of Our Own Limited Limited.


21.2. The trademarks, copyright and any other intellectual property displayed by Users on this website, including names and logos of organizations registered with the website, may not be used or reproduced without the express written permission of the owners of same.


21.3. The Predictaball.co.uk website contains Intellectual Property which is the proprietary property of Predictaball.co.uk (“Website IP”). The Website IP includes but is not limited to copyrights and information about technology and may be provided in the form of text, graphic, audio and video downloads, links or source codes. Predictaball.co.uk retains the rights to the Website IP and reserves all rights in respect of same.


21.4. Predictaball.co.uk provides information on its website. Users may for personal use only, print copies of the information and temporarily store the files on their network. Website IP is intended only for registered Users of Predictaball.co.uk and is provided only for Your convenience. Predictaball.co.uk grants no license or property rights to any such Website IP other than as expressly set out herein.


21.5. The Website IP is provided by Predictaball.co.uk on an as is basis, Predictaball.co.uk expressly disclaims, to the extent permitted by applicable law, any or all warranties, expressed or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any Website IP. To the extent permitted by applicable law, Predictaball.co.uk excludes any or all responsibility and /or liability for any damages or loss of any kind whatsoever with respect to the Website IP whether any of the foregoing are, without limitation, indirect, incidental, special, punitive, consequential or of any other kind whatsoever.


21.6. With regard to content submitted by Users for their fundraising pages or otherwise ("User Content Predictaball.co.uk does not claim ownership of User Content you submit or make available for inclusion. However, with respect to User Content You submit or make available for inclusion on accessible areas of the Website, You grant Predictaball.co.uk a world-wide, royalty free and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Website solely for the purposes of providing and promoting the services provided on the Website and access to the Content. This license exists only for as long as You elect to continue to include such Content on the Website and will terminate at the time you remove or Predictaball.co.uk removes such Content from the Website.


22 - PRIVACY POLICY: The Privacy Policy forms part of these terms and conditions. Any information that you send to us will be processed in accordance with our Privacy Policy.


23 - Obligations and rules for use of Chat


23.1. As part of your use of the site, Predictaball may provide you with a chat feature, which is moderated by us and subject to controls. We reserve the right to review the chat and to keep a record of all statements made on such facility. Your use of the chat facility should be for recreational and socializing purposes, and is subject to the following rules:


23.2 You shall not make any statements that are sexually explicit or grossly offensive, including expressions of bigotry, racism, hatred or profanity;


23.3. You shall not make statements that are abusive, defamatory or harassing or insulting to the operators of the site;


23.4. You shall not make statements that advertise, promote or otherwise relate to any other online entities.


23.5. You shall not make statements Predictaball, or any other internet site(s) connected to Predictaball that are untrue and/or malicious and/or damaging to Predictaball or Its One of Our Own Limited.


23.6. You shall not collude through the chat rooms or separate chat. Any suspicious chats will be reported to the Authority.


23.7. In the event of you breach any of the above provisions relating to the chat facility Predictaball shall have the right to remove the chat room or immediately terminate your Users Account. Upon such termination Predictaball shall refund to you any funds which may be in your User Account over and above any amount which may be owing to us at such time (if any). Predictaball shall report to the Authority any suspicious chats.


24 - Exceptional Circumstances & Aborted Games


24.1. Predictaball reserves the right to cancel, and/or declare a wager void partially or in full if the Company, at its own discretion, would deem it obvious that any of the following circumstances have occurred:

  • You, or people associated with you directly or indirectly influence the outcome of an event;
  • You and or people associated with you are directly or indirectly avoiding the rules of the Company;
  • The result of an event has been directly or indirectly affected by criminal activity;
  • Wagers have been placed that would not have been accepted otherwise, but that were accepted During periods when the Software(s) have been affected by technical problems; due to an error, Such as a mistake, misprint, technical error, casino system malfunction, force majeure or Otherwise, wagers have been offered, placed and or accepted due to this error.

24.2. Predictaball is not liable for any damages or losses deemed or alleged to have arisen out of or in connection with any of the software or its content; including without limitation, loss or corruption of data, delays or interruptions in operation or transmission, communication or lines failure, any person’s misuse of the site or its content or any errors or omissions in content.


24.3. Predictaball is not liable for any server disruptions, downtime, lagging or any technical or political disturbance to the game play. Refunds may be granted to players in such cases.


24.4. Should the player become aware of possible errors or incompleteness in the software, in bonus or on the site, he or she agrees to refrain from taking advantage of them. Moreover, the player agrees to report any error or incompleteness immediately to Predictaball.


24.5. In the event a game is started but miscarries because of a failure of the system, Predictaball will refund the amount wagered in the game to the user by crediting it to the User Account or, if the account no longer exists, by paying it to the user in an approved manner; and if the user has an accrued credit at the time the game miscarried, credit to the User Account the monetary value of the credit or, if the account no longer exists, pay it to the user in an approved manner.


24.6. Predictaball reserves the right to remove any game from the site at any time. Any event or game that indicate incorrect behaviour affecting pay out, game data or other balances, that may be due to misconfiguration or a bug, will be cancelled and removed from the site. The Player(s) balances and account details may be altered in such cases in order to correct any mistake.


24.7 Refunds may be given in case of exceptional circumstances, in such cases, they will be given solely at the discretion of the management.


25 - Jackpot


25.1. The £250,000 bonus is payable to Predictaball players who participate in either the Main Games or in Individual Leagues with an entry fee of £5.00 or more.


25.2. The £175,000 bonus is payable to Predictaball players who participate in either the Main Games or in Individual Leagues with an entry fee of between £2.50 and £4.99.


25.3. The £100,000 bonus is payable to Predictaball players who participate in Free Play Game.


25.4. To Win the appropriate Bonus payments players must correctly predict 20 out of 20 correct results from the pre-selected games. If any of the pre-selected games are called off, postponed, abandoned or are deemed void then the bonus payment will not be paid out. The bonus odds are calculated on the 20 selected games being played in full on the original date.


25.5. If there is more than one winner in any given week who correctly predicts 20 out of 20 then the appropriate Bonus prize will be divided equally between the winning entrants. If the winners are playing for different bonus prizes then a maximum total prize fund of £250,000 will be shared out proportionally between the winning players.


25.6. The maximum total pay out for any 20 pre-selected games in one week is £250,000.


25.7. Winners will be contacted by the 3rd party insurance provider to ensure competition entrance rules are complied with (18+ and Uk resident)


25.8. Predictaball free play game is open to any players that have registered an account with the predictaball APP or Website.


25.9. Free play entry is restricted to 1 play per session per players registered account.


25.10. Players playing the free play game can also enter the £2.50 game and the £5.00 game with as many entries as they choose to or that their self set limit allows.


25.11. Private leagues cannot be created on the free play game.


25.12. Players can create a private league with a minimum entrance stake of £2.50.

Terms Revised 20/07/2018