THESE TERMS CONTAIN IMPORTANT INFORMATION WHICH IS LEGALLY BINDING – PLEASE READ THEM CAREFULLY.
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Introduction
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We are Colet Systems Limited, a company registered in England and Wales with registered number 08897206 (‘Colet Systems’, ‘we, ‘us’ and/or ‘our’).
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These terms, together with our Acceptable Use Policy and Privacy Policy (which also form part of this agreement) (together, ‘Terms’) govern the relationship between us and each authorised user ('you') when you use our betting platform (‘Platform’) and the software comprised in the Platform (“Software”) via the website at www.mollybet.com (‘Website’).
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By clicking the 'Accept' button you INDICATE that you have read, understood and agree to be bound by the Terms. We will grant you access to the Platform in reliance upon that agreement by you.
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As the Terms form a binding agreement between you and us, we recommend that you print a copy of the Terms for your future records.
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Nature of the Platform
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The Platform and Software give you access on an aggregated basis to information from accounts which you have separately set up with certain third party betting operators (“Bookmakers”) and facilitate you executing online betting transactions ("Bets") with Bookmakers.
All Bets are between you and the Bookmakers only.
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Colet Systems is not, and will not, under any circumstances be a party to Bets made via the Platform or otherwise and Colet Systems does not act as, or hold itself out as, a bookmaker, betting operator, betting intermediary or betbroker.
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It is your responsibility to open an account with Bookmakers ("Bookmaker Accounts") and to satisfy yourself of the Bookmaker's identity, suitability and creditworthiness.
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Access to your accounts with the Bookmakers via the Platform does not indicate any recommendation, endorsement or approval of the Bookmakers, or confirmation of the accuracy of the accounts, by Colet Systems.
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You are solely responsible for the management and maintenance of your Bookmaker Accounts. You are solely responsible for ensuring that you have sufficient funds in your Bookmaker Account to execute a Bet and for ensuring that you comply with the betting limits and all other terms and conditions you have agreed with the Bookmaker.
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We do not have any control over whether Bookmakers accept Bets, declare Bets void or make payments to you following execution of a Bet. We therefore have no liability or responsibility to you in respect of bookmakers' failure to pay any sums to you.
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Account Information
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To access the Platform you will be provided with, or asked to choose a username and password, and you may be asked to provide certain security access information and other personal information, such as your name and e-mail address.
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You must keep your username and password and any other account information secure and strictly confidential and you must not disclose it to anyone else.
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You are solely responsible for all activities that occur under your password or account and for access To or use of the Platform and/or Software by you or any person or entity using your password, whether OR not such access or use has been authorised by you, unless the unauthorised access or use results from our failure to meet reasonablE security obligations.
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You agree to notify us immediately at cs@mollybet.com if you become aware of or suspect any unauthorised use of your username or password or any other security breach.
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In order for you to access Bookmaker Accounts via the Platform we may require you to provide us with certain information about your Bookmaker Accounts.
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You agree that the information you provide to us will be true and accurate and that you will not misrepresent your identity. You acknowledge that if the information you provide to us is incorrect you may not be able to access the Bookmaker Accounts via the Platform in order to execute Bets.
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Use of the Platform
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We grant you the right to access and use the Platform and Software subject to the following restrictions:
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if you are an individual, you must be at least 18 years old to use the Platform. By agreeing to be bound by these Terms you confirm you are at least 18 years old, are of sound mind and fully capable of entering into binding legal agreements;
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you must use the Platform and/or Software for legitimate betting purposes only and strictly in accordance with the Terms;
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you may not use the Platform and/or Software if that use would be illegal in the jurisdiction in which you are located;
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you may not use the Platform and/or Software if you live in any of the following countries: United States of America, United Kingdom, Hong Kong, Singapore or country labelled as ‘High-Risk’ by the Financial Action Task Force;
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you may not use the Platform and/or Software in any way which would breach any applicable law, regulation, code of conduct, code of practice or your obligations to any third party.
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The right granted in clause 4.1 is personal to you. You cannot transfer the right to any other person. The right is not granted exclusively to you and nothing in the Terms prevents us making the Platform and Software available to other parties.
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You agree that you will provide us with all reasonable co-operation and assistance we request in relation to the investigation of any interruptions, faults, outages or security issues in connection with the Platform and/or Software.
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Reliance on Platform Data
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You acknowledge that information provided on the Platform is not intended to amount to advice, recommendation or other guidance relating to betting, betting accounts or otherwise.
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We shall use reasonable care and skill to ensure that the information and data made available to you via the Platform is accurate, including information relating to the indicative price and volume of a Bet offered by the Bookmakers ("Offers"), but we cannot guarantee its accuracy or completeness.
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You are responsible for checking and verifying all Offers before you access your Bookmaker Accounts via the Platform in order to execute Bets.
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You accept that all Offers are invitations only made by Bookmakers and that we are not able to guarantee the availability or currency of the Offer when you come to execute the Bet.
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You acknowledge that it is entirely your choice to Access your bookmaker accounts through the Platform in order to execute Bets (you have no obligation to do so), and it is entirely your choice which type of Bet you select and the amount you stake on A Bet. You understand and accept that you may lose money on Bets and that you bear full responsibility for the bets you execute.
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Access to the Platform
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You are responsible for making all technical arrangements necessary to access the Platform. We recommend that you ensure that computers used to access the Platform run up to date anti-virus software.
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Suspension of Platform & Maintenance
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We may limit or suspend access to the Platform:
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if we consider it is reasonably necessary to protect your or our interests, or the interests of any third party (including our clients) and/or to protect the security or operation of the Platform or Colet Systems’ systems or network or those of our clients;
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if you breach any of these Terms or if we reasonably believe you have so breached or are about to breach these Terms;
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if we are required to do so by law or further to a request from any regulatory or governmental authority; or
for the purpose of repair, maintenance or improvement.
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We shall provide you with reasonable advance notice of suspensions wherever possible and use reasonable endeavours to keep any such suspensions to a minimum.
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If we suspend access to the Platform due to a breach or suspected breach by you of these Terms the suspension will last until the default is rectified to our reasonable satisfaction.
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Ownership
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The Platform is the property of Colet Systems, including (without limitation) all rights in data, database rights, intellectual property rights and related content with the exception of all information relating to Offers. You have no rights in, or to, the Platform or the Software other than the limited right of usage set out in clause 4 above.
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You agree that you will not, except as may be permitted under applicable laws or if we give you our express consent:
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attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform or any related or associated documentation (“Documentation”) (as applicable) in any form or media or by any means; or
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attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
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access all or any part of the Platform and/or Documentation in order to build a product or service which competes with the Platform and/or the Documentation; or
use the Platform to provide services to third parties; or
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license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Platform (or any part thereof) available to any third party; or
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attempt to obtain, or assist third parties in obtaining, access to the Platform, other than via an agreement with us.
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The above restrictions on reverse engineering, decompiling, disassembling or reducing any machine-readable software comprised in Software to human-readable form ("reverse engineering") shall not prevent reduction of the Software to human readable form to the extent necessary for the purposes of integrating the operation of the Software with the operation of other software or systems used by you provided that you are only permitted to carry out reverse engineering for such purpose if you first notify us at cs@mollybet.com and we do not respond in 30 days. If we do respond in 30 days you will allow us to carry out the integration and/or provide you with necessary information to achieve such integration.
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Indemnity
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You agree to defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your infringement of our intellectual property rights or breach of your obligations in respect of our Confidential Information.
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Liability- Please read this section carefully as it sets out our responsibility for loss or damage suffered by you
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Nothing in the Terms excludes or limits our liability for:
death or personal injury caused by our negligence,
fraud or fraudulent misrepresentation;
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our failure to provide the Platform and/or Software to you with reasonable care and skill; or
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any other matter for it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.
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We warrant that we will provide the Platform and the Software to you with reasonable care and skill. However, you acknowledge and accept that owing to the nature of the Platform and the Software and the inherent nature of the internet, we cannot promise that the Platform and/or the Software will be bug-free, error-free, immune from security risks or available on an uninterrupted basis. Although we will use reasonable endeavours to maintain the accuracy and availability of the Platform and Software we cannot guarantee that the information will be accurate at all times, that you will always be able to access the Platform and/or Software, or that bugs and errors can be fixed.
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If there is a manifest error in the pricing information displayed on the Platform or any other information displayed on the Platform you should not execute Bets based on such information. A manifest error occurs where the prices, terms or other information displayed on the Platform are materially different from those on the general market and/or the information displayed on the Platform is obviously incorrect to a reasonable person. If you use the platform to access bookmaker accounts to execute Bets based on information on the Platform which constitutes a manifest error, we will not be liable to you for any loss or damage suffered by you as a result of such Bet.
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If you notice a manifest error or any bug, error or fault with the Platform and/or the Software or any information displayed on the Platform, please notify us as soon as possible at cs@mollybet.com
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Your access to and use of the Platform and/or Software is at your sole option, discretion and risk and is subject to your compliance with these Terms. We will not be liable to you for loss or damage suffered by you which is entirely caused as a result of you not complying with the TermS. This CLause does not limit our responsibility FOR FORSEEABLE loss or Damage FOR WHICH WE ARE RESPONSIBLE OR PARTLY RESPONSIBLE. Loss or damage is foreseeable if it is obvious that it would happen.
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We make the Platform and Software available to you for your own personal or internal use only and THEREFORE we are NOT liaBLE to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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Events outside our reasonable control including (without limitation) telecommunications failures, power failures, severe weather, terrorist attack, industrial disputes and acts of government and other competent jurisdictions, may prevent or limit your access to the Platform and/or the Software and/or prevent or delay us carrying out our obligations under the Terms. We will not be liable or responsible for any failure or delay to make the Platform and/or Software available to you or any failure or delay to carry out our obligations under the Terms caused by an event outside our reasonable control.
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Our total liability in respect of all losses suffered by you arising out of or in connection with the terms, including your use of the Platform and/or Software, whether such liability arises under breach of contract, tort (including negligence), Breach of Statutory Duty or otherwise will be limited to the greater of (i) the total fees paid by you to us in the 6 months immediately prior to the event or incident giving rise to the claim; or (ii) £50,000
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Termination by us
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Your access to the Platform is subject to your compliance with the Terms. We may terminate your access to the Platform immediately if you:
breach any of the terms of the Acceptable Use Policy;
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commit a material breach of any of the Terms, provided that if the breach is something which can be cured we will give you notice of the breach and 30 days in which to cure the breach before we terminate;
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cease to be able to pay your debts as they fall due or if you enter into insolvency or administration proceedings, make an arrangement with creditors, or take or suffer any similar or analogous action in any jurisdiction; or
provide to us any false, misleading or otherwise inaccurate information.
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We may also withdraw or restrict the availability of all or any part of Platform and/or Software for business and operational reasons at any time.
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We will try to give you reasonable notice of any withdrawal or termination.
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Your Cancellation Rights
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If you are a "consumer" as defined under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are entitled to cancel your access to the Platform and Software and terminate these Terms within 14 days from the date you accept the Terms (‘Cancellation Period’), by contacting us at cs@mollybet.com
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We also permit all our users to cancel their access to the Platform and Software and terminate these Terms at any time (whether within the Cancellation Period or otherwise), by contacting us at cs@mollybet.com
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We will invalidate your username and password within a reasonable time following your cancellation request. Upon invalidation of your username and password you will no longer be able to use that username or password to access the Platform and Software and the Terms shall automatically terminate. You are responsible for all use of your account on the Platform until your username and password are invalidated and these Terms remain in full force and effect until the invalidation of your username and password.
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By using the Platform to access Bookmaker Accounts in order to execute Bets during the Cancellation Period you are expressly requesting that we supply the Platform and Software to you during the Cancellation Period. Therefore if you use the Platform and Software to execute Bets during the Cancellation Period you must pay the applicable Fees for such use. You will not be entitled to a refund of any Fees paid by you FOR USE OF THE PLATFORM AND/OR SOFTWARE within the Cancellation Period or at any other time prior to termination of the terms.
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You are responsible for paying the Fees accrued due until the date of termination of the Terms. Upon termination we will invoice you for any Fees accrued due.
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Cancellation of your access to the Platform and Software and termination of the Terms does not have the effect of cancelling any Bets executed by you. As the Bets constitute a contract between you and the applicable Bookmaker, it is not in our control to cancel Bets which you execute by accessing your Bookmaker Accounts via the Platform. You will not therefore be entitled to a refund from us for the amount of the stake of your Bets, whether the Bets are executed by you within the Cancellation Period or at anytime after the Cancelation Period.
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Privacy
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The personal information you provide to us will be processed in accordance with our Privacy Policy. You confirm that you consent to such processing.
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Confidentiality
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You agree to keep secret any confidential information received from us, namely any information which is confidential in nature or is marked as confidential, including information and material relating to our business, financial information, betting information and history, intellectual property rights, business processes, supplier relationships, client details and activities under the Terms (‘Confidential Information’). For the avoidance of doubt, the Platform and the Software (including all related information and data) are confidential.
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You agree not to disclose any Confidential Information to any third party without our prior written consent, to store all Confidential Information in a secure place when not in use and safeguard Confidential Information in a manner no less secure than that you apply to your own confidential information of the same or similar nature, and to use the Confidential Information only for the purpose of using the Platform in accordance with the Terms.
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Confidential Information will not include information that you can demonstrate on reasonable grounds (i) was previously known by you without any obligation to hold it in confidence; (ii) is independently developed by you without reference to the Confidential Information; (iii) is or becomes available to the public through no breach of the Terms; (iv) is required to be disclosed by law, regulations, valid order of a court or other governmental body, provided that you will use commercially reasonable efforts to notify us in advance of such required disclosure; or which is lawfully received, without restriction, against disclosure, from a third party free to disclose such information.
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Changes to these terms
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We may need to make changes to these Terms from time to time for many reasons, including (without limitation) for commercial reasons, for customer service reasons, or to comply with law or regulations. Upon logging into the Platform, you will be notified if we have made any changes to the Terms. If we have made changes to the Terms you will be asked to read the updated Terms and indicate your agreement to the changes by clicking the 'Accept' button. By clicking the 'Accept' button you will be deemed to have understood and accepted the updated Terms, which form a binding agreement between you and us. We recommend that you print a copy of any updated Terms for your future reference.
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Assignment
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The rights granted under these Terms are personal to you and you may not transfer in any way any or all of your rights and obligations without our prior written agreement. We may at any time transfer any or all of our rights under the Terms without your consent provided that such transfer does not prejudice your rights under the Terms.
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Entire agreement
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You confirm that you have not entered into the Terms on the basis of any representation that is not expressly set out in the Terms.
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Severance
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If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from the Terms and the remainder of the Terms will remain in full force and effect.
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Law and jurisdiction
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The Terms (and any dispute or claim of whatever nature arising out of or in any way relating to the Terms) shall be governed by and construed in accordance with English law.
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The parties agree that the English Courts shall have exclusive jurisdiction to hear and settle any action, suit, proceeding or dispute in connection with the Terms and irrevocably submit to the jurisdiction of the English Courts.
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