Stakemate Terms and Conditions
Please read these Terms carefully before you use the Services and make sure that you understand its content. These Terms, together with the Rules, Privacy Policy and any specific terms of a promotion, constitute a binding agreement (the "Agreement") between you and Stakemate.
These Terms (version 1.6.0) are effective from 27/03/2024 and shall supersede and replace all previous versions.
SUMMARY OF OUR TERMS AND CONDITIONS
The information set out below is a summary of our key terms for information purposes only. This does not replace the full Terms set out below. You should read and agree to the full Terms before registering and using our Services. In the event of any conflict between this summary and the full Terms, the full Terms will apply.
(a) The Services are provided by Bet Theory UK Ltd (“Stakemate”), a company registered in England and Wales, with a registered office at 5 New Street Square, London, England, EC4A 3TW with company number 14179874. See Clause 2.1.
(b) Stakemate is licensed and regulated by the Gambling Commission in respect of the provision of the Services to / use of the Services by persons located in Great Britain. See Clauses 2.2 and 2.3.
(c) By using the Services, you enter into a legally binding agreement with Stakemate which incorporates the Terms, Rules, Privacy Policy and any specific terms of a promotion. See Clause 3.1.
(d) You must be 18 (eighteen) years of age or older and meet the other eligibility and verification criteria to use our Services. See Clause 4.2.
(e) We process your personal information in accordance with our Privacy Policy. See Clause 17.1.
(f) You can only register 1 (one) Account with us. See Clause 13.1.3.
(g) Fraudulent activity or cheating is prohibited. If we close or suspend your Account because of fraud or cheating, we may withhold the funds in your Account. See Clauses 18.2 and 19.1.
(h) In the event of an error on the Service, we can take various actions including voiding an affected Bet. See Clause 10.
(i) With the exception of: (i) any winnings lawfully due to you; (ii) our liability for fraud, death or personal injury resulting from our negligence; or (iii) to the extent our liability cannot be excluded or limited as a matter of law, our maximum liability to you in relation to any one incident or series of related incidents is limited to:
i. where such liability relates to a specific Bet which you have placed, the value of the respective stake paid by you;
ii. where such liability relates to the misapplication of funds in your Account, the amount that has been lost or misplaced;
iii. where such liability relates to any other liability of Stakemate, our maximum liability shall be one thousand pounds (£1,000).
See Clause 21.2.
(j) If you have a complaint, you can contact our customer services team at support@Stakemate.com. If your complaint is not resolved within 8 (eight) weeks, you may refer your complaint to the Independent Betting Adjudication Services (“IBAS”), subject to such complaint relating to the contractual obligations under the Agreement. See Clause 26.
(k) Customer funds are protected at the following level: no protection. See Clause 11.2.
1. DEFINITIONS
1.1. The following words and terms, when used in these Terms, shall have the below meaning:
1.1.1. Account: an account with Stakemate for the use of the Website or Mobile Application.
1.1.2. Agreement: these Terms, together with the Rules, Privacy Policy and any terms of a specific promotion.
1.1.3. Bet: any bets, stakes or wagers placed on the Services.
1.1.4. Customer: a person who has an Account.
1.1.5. Mobile Application: the Stakemate application operated by Stakemate under its Gambling Commission licence.
1.1.6. Privacy Policy: the privacy policy at https://Stakemate.com/privacypolicy.
1.1.7. Rules: the following rules for the Services:
1.1.7.1. Betting Rules: for Stakemate’s online sports betting Services, which can be accessed at https://Stakemate.com/bettingrules.
1.1.8. Services: all games, services and any related content or software, which is made accessible via the Websites or Mobile Application and that enable you to participate in the services provided by Stakemate.
1.1.9. Stakemate Group: Stakemate, any subsidiary or parent company of Stakemate, or any subsidiary of a parent company of Stakemate.
1.1.10. Terms: these terms and conditions.
1.1.11. Websites: Stakemate.com and other URLs and subdomains belonging to and operated by Stakemate under its Gambling Commission licence and Website refers to any one of them.
2. ABOUT US
2.1. The Services are provided by Bet Theory UK Ltd (“Stakemate”), a company registered in England and Wales, with a registered office at 5 New Street Square, London, England, EC4A 3TW with company number 14179874. You shall have an Account with Stakemate.
2.2. Stakemate is licensed by the Gambling Commission of Great Britain (“Gambling Commission”), pursuant to operating account number 60991.
2.3. Any provision of the Services to persons or use of the Services by persons for gambling shall be regulated by the Gambling Commission, with regards to persons located in Great Britain.
3. AGREEMENT
3.1. By using the Services, you enter into a legally binding agreement with Stakemate which incorporates the Terms, the Rules, Privacy Policy and any terms of a specific promotion (together the “Agreement”).
3.2. We may amend the terms of any document that constitutes part of the Agreement. If we amend the terms of this Agreement, we will notify you of any such amendment by including a pop-up message on the Services or another communication method. Your continued use of the Services following such notification will be deemed binding acceptance of any such amendment. If any amendment is unacceptable to you, you must stop using the Services.
3.3. This Agreement governs your use of the Services and supersedes any and all prior agreements between you and us in respect of the same.
4. OPENING AN ACCOUNT: GENERAL
4.1. To open an Account, you must complete our online registration form, including providing the following personal details: first name, surname, address and date of birth. You may also need to connect your bank account to open an Account. You confirm that any personal details provided are correct and that you will notify us if your personal details change.
4.2. By opening an Account, you declare that:
4.2.1. you are 18 (eighteen) years of age or older and acknowledge that underage gambling is an offence;
4.2.2. you have not self-excluded from the Services or self-excluded via GAMSTOP;
4.2.3. you do not already hold an Account;
4.2.4. you are not opening the Account on behalf of a third party.
4.3. Each time you access the Services, you repeat the declarations at 4.2.2.
4.4. At our sole discretion, and without having to provide a reason, we may refuse a person’s request to open an Account.
5. OPENING AN ACCOUNT: AGE AND IDENTITY VERIFICATION
5.1. We are required to verify your date of birth, name and address. We will attempt to automatically verify your details based on the information you submit during the process to open your Account, but if we cannot do so you will be required to provide identification documents, by uploading them on the Mobile Application registration flow proving your date of birth and/or identity. Acceptable identification documents include, but are not limited to:
5.1.1. copy of a valid photographic identification document, such as a passport or driver's licence or government issued ID; and
5.1.2. proof of address documents that may consist of a utility bill, letter from a government office, bank statement that is no more than 90 days old.
5.2. If your details cannot be verified based on the documents provided, you will need to provide additional information until we are able to successfully verify your age and/or identity. If we cannot complete verification, we will suspend or terminate your Account.
5.3. You authorise us to conduct any identification, credit or other verification checks that are required, at the date when you open an Account and at any time during the period when you hold an Account.
6. DEPOSITS
6.1. To make a deposit, click on the Wallet Balance located on the header on our Application.
6.2. Acceptable forms of payment which can be used to deposit monies are set out in the Deposits and Withdrawals Screen. We reserve the right to alter the payment methods that we consider to be acceptable forms of payment. We reserve the right in our absolute and sole discretion to refuse any type of payment for any reason, regardless of whether previous payments have been processed to or from a particular method, or if that payment method is usually accepted in respect of any Customer.
6.3. All deposits may be subject to your bank and/or payment provider’s authorisation and we accept no liability where this is not provided.
6.4. The minimum deposit is £5 or the equivalent amount in your chosen currency.
6.5. We do not charge you for making a deposit. However, banks may charge additional banking charges or overdraft fees and you accept that it is your responsibility to check whether such charges will be made by your bank.
6.6. If we incur any charge-backs, reversals or any other charges in respect of your Account, we reserve the right to charge you for the relevant amounts incurred and take any of the actions set out at Clauses 19.1.1 - 19.1.10 in addition to deducting the charged back amount from your Account balance.
6.7. You agree to only deposit money in your Account for the purposes of using such money on our Services. We shall have the right to suspend or close your Account if we reasonably believe that you are depositing money without any intention to use such money on our Services.
6.8. You declare that any funds you deposit are not associated with any illegal activity, in particular that they do not derive from any illegal activity or source and that you will not use the Services for illegal activity, including fraud or money laundering.
7. GAMBLING: GENERAL
7.1. You acknowledge that there is a risk of losing money when using the Services to gamble and that you are responsible for such loss.
7.2. All Bets are subject to the Rules. Before placing a Bet, it is important that you read and understand the applicable Rules to understand the terminology and how the various Bets are placed on the Services.
7.3. We reserve the right to:
7.3.1. accept or decline the whole or part of any proposed Bet; and/or
7.3.2. limit the maximum amount of any proposed Bet.
7.4. You are fully responsible for any Bets placed on your Account. If a Bet is made using your Account and accepted on the Services, the Bet will be considered to have been made by you and shall be considered valid unless it contravenes any term of the Agreement. Please see the Betting Rules with regards to the specific rules regarding acceptance of Group Bets.
7.5. Stakemate will not be held responsible for any mistakes made by you during the placing of a Bet, including the amount of the stake or the side of the Bet, and such mistake will not affect the validity of a Bet or its ability to be accepted on the Services. Stakemate also bears no responsibility for monitoring and managing the status of any Bet on your Account.
7.6. We reserve the right to void any Bet and withhold any monies if we establish that any Bet has been placed with third party funds.
7.7. You acknowledge that slower devices or internet speeds can result in delays to your use of the Services and result in disadvantages when placing a Bet. In particular, with regards to in-play betting, you acknowledge that ‘live’ TV or other broadcasts are delayed and that other Customers could have more up-to-date information.
7.8. You can only place a Bet up to the value of the cleared funds in your Account. We shall void any Bet which we may have accepted in error when your Account did not contain enough cleared funds.
7.9. A Bet is not considered to have been made unless you receive a notification that confirms that the Bet is accepted. If a dispute arises in relation to a Bet, our database will be the ultimate authority in such dispute, in particular with regards to whether such Bet was accepted and, if it was, the time it was accepted.
7.10. We only accept a Bet if it is made using the Services. A Bet will not be accepted in any other way.
7.11. In order for a Bet to be valid, the action of a Customer placing a Bet must not breach any rules on betting or misuse of inside information relevant to a sports governing body, other professional body of which the Customer is a member, or their employer. Where a breach of such rules is identified, we shall void such bet. With regards to a Group Bet the reference to a “Customer” in the previous sentence shall also be deemed to include a “Creator Customer” or “Joiner Customer” (as defined in the Betting Rules).
7.12. In the event of any information being received by us in relation to irregular betting patterns and possible instances of event manipulation, we reserve the right, at our discretion, to:
7.12.1. suspend our offering on any event or series of events in any of our markets; and/or
7.12.2. delay and/or withhold payment on any event or series of events until the integrity of such event or series of events has been confirmed to us; and/or
7.12.3. void any respective Bets if event manipulation is confirmed as having taken place.
7.13. We reserve the right to void a Bet if:
7.13.1. the underlying event has been cancelled;
7.13.2. there is a location change for the underlying event;
7.13.3. there is adverse weather (i.e. natural disaster) or any other event of a similar nature that impacts the underlying event; or
7.13.4. for any reason we are unable to validate the outcome of a particular market (e.g. due to loss of live pictures).
7.14. You acknowledge that an accepted Bet can be voided because of the actions of another Customer, including the scenario as described in the ‘Group Bet Specific’ part of section E of the Betting Rules, and to the extent that your Account has been credited with monies Stakemate can:
7.14.1. withdraw the relevant amount from your Account; and/or
7.14.2. cancel/reverse any withdrawal which you have made; and/or
7.14.3. to the extent that you have withdrawn such amounts, reverse such transfers or make a demand for payment for such amount and you shall then immediately repay such amount to Stakemate and otherwise assist in the return of such monies.
7.15. We reserve the right to inform any applicable authority, including regulators such as the British Gambling Commission, of any detail of activity on your Account, including any Bet placed.
7.16. By including details for a payment method, you affirm that you are the lawful owner of the payment method account used to make any deposit or withdrawal.
8. GAMBLING: PROMOTIONS
8.1. The terms of any promotion offered on the Services will be clearly stated in specific terms for each promotion and shall be read in conjunction with the general terms set out in this Clause 8.
8.2. Unless otherwise stated in specific terms for a promotion, any "free bet" stake will not be included in any return and must be gambled before being withdrawn.
8.3. Each promotion is restricted to one entry per Customer, unless otherwise stated in the specific promotional terms.
8.4. Subject to Clause 8.6 and Clause 19.1, no account restrictions will be enforced against you after you have made one or more qualifying Bets as part of a Free Bet Promotion (defined at 8.5 below), where enforcing such account restriction would:
8.4.1. affect your ability to:
(a) receive the free bets, or the full expected value of the free bets from that Free Bet Promotion, having placed all the necessary qualifying bets;
(b) place the remaining qualifying bets required by that Free Bet Promotion and consequently receive the free bets, or the full expected value of the free bets from that Free Bet Promotion, to which you would be entitled as a result;
(c) complete any betting requirements associated with that Free Bet Promotion; or
8.4.2. materially affect your ability to complete the qualifying bets required by that Free Bet Promotion.
8.5. For the purpose of Clause 8.4, "Free Bet Promotion" means a promotion where a bonus is added to your Account specifically for betting on sports, including bonuses (i) in the form of a free bet of a fixed value or (ii) in the form of funds with a value linked to the amount of a deposit which is subject to wagering requirements.
8.6. We can prevent any Customer from using a promotion where strong indicators of gambling harm, as defined within our processes, have been identified. In such event, we may cancel any existing bonus.
8.7. We can prevent any Customer from being given access to a promotion for any reason, particularly where strong indicators of gambling harm, as defined within our processes, have been identified.
9. WINNINGS
9.1. We will credit your Account with your winnings as soon as practicable, subject to any circumstance where we are permitted and/or required to withhold winnings.
9.2. 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.
9.3. 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.
9.4. The maximum winnings for each Account shall be as follows:
9.4.1. in relation to any Bet placed on our sports betting Services, other than any limit set out in relation to specific markets under the Betting Rules, for any one calendar day (00:00 – 23:59 GMT) the maximum aggregate winnings shall be no greater than £5,000.
Please note that these restrictions apply regardless of stake.
10. ERRORS/ RESETTLEMENT
10.1. While we attempt to ensure that the Services do not contain errors, errors can arise. A non-exhaustive list is set out below:
10.1.1. a Bet is accepted where you do not have enough cleared funds in your Account;
10.1.2. a Bet is accepted at odds which are obviously incorrect in the context of normal gambling and the probability of the event occurring;
10.1.3. information relating to a Bet has been incorrectly displayed on the Services;
10.1.4. information received from a third-party data provider is incorrect;
10.1.5. a Bet has been accepted on a closed or suspended market (or a market which should have been closed or suspended other than because of an error) or an event where the result has been confirmed;
10.1.6. the amount of winnings, returns or promotional benefits/bonuses paid are miscalculated as a result of human error or system error;
10.1.7. winnings or odds are so obviously incorrect or materially different to those available in the market that it is a clear error or omission;
10.1.8. a Bet has been settled, but it becomes necessary to re-settle the Bet because a result changes (including when a result has been recorded and/or published incorrectly by Stakemate);
10.1.9. an error or technical issue with the Services (including a technical error, such as an error which prevents access to the Services);
10.1.10. a Bet has been accepted in circumstances which breaches these Terms.
10.2. In the event of an error on the Service:
10.2.1. you must notify us of any error, to the extent you become aware of such error, and not take advantage of such error;
10.2.2. Stakemate reserves the right, but is not obligated, to:
(a) correct any consequent error on a Bet and settle it accordingly (or re-settle such Bet if it has already been settled); or
(b) declare an affected Bet void and return the Bet stake to your Account,
10.2.3. to the extent that your Account has been credited with monies as a result of an error, such amounts shall be deemed to be held by you on trust for Stakemate and Stakemate may:
(a) withdraw the relevant amount from your Account; and/or
(b) cancel/reverse any withdrawal which you have made; and/or
(c) to the extent that you have withdrawn such amounts, reverse such transfers or make a demand for payment for such amount and you shall then immediately repay such amount to Stakemate and otherwise assist in the return of such monies; and/or
(d) void any subsequent Bet placed using such monies and/or withhold any winnings which you have won with such monies and take any action described above at 10.2.3(a), (b) or (c).
11. FUNDS IN YOUR ACCOUNT
11.1. Funds in your Account, including deposits and winnings, do not bear interest.
11.2. We are required by our licence to inform customers about what happens to funds which we hold on account for you in the event of insolvency. The Gambling Commission provides further information on our licence conditions detailing what we need to tell customers about their funds. We hold customer funds separate from company funds. These funds are not protected in the event of insolvency: not protected segregation. For more information, please see the customer funds insolvency ratings system.
11.3. We are required to comply with regulations and legislation which requires that we may need to undertake checks on the source of funds deposited by you. Stakemate can at any time request you to not only verify your identity and address but also request proof of ownership for any payment method used to deposit or withdraw funds and/or details of: (i) source of wealth and/or (ii) source of funds. This can include, but is not limited to, copies of bank statements or pay slips. While any such checks are being performed, restrictions may be put in place to prevent the withdrawal of funds from your Account and/or prevent (whether fully or partially) your access to the Service until such checks have been successfully completed. If such checks cannot be successfully completed, we reserve the right to close your Account, retain any funds and make any necessary disclosure(s) to relevant authorities.
11.4. After a period of no less than 12 (twelve) months of Account inactivity we shall consider the Account dormant, close the dormant Account and will attempt to return any funds to the last payment method used by the Customer. If we are unable to return such funds, we shall charge a fee of £5.00 per month (or an equivalent amount in the currency in your Account) in relation to such dormant Account.
11.5. We may at any time offset any positive balance on your Account against any amount owed by you to us (including under a duplicate Account). Any negative balance on your Account will fall immediately due and payable to us and your Account will only be closed when this amount has been fully repaid.
11.6. Any balance shown on your Account shall, unless proven otherwise, be deemed to be correct.
12. WITHDRAWALS
12.1. You can withdraw the available funds from your Account at any time, subject to any other terms in these Terms.
12.2. To withdraw funds from your Account, visit the Withdrawal section on the Mobile Application.
12.3. The standard minimum withdrawal amount is £5 (or its equivalent in another currency) as may be amended from time to time. However, Customers who have a balance lower than this minimum can contact customer services in order to withdraw the full balance amount. Contact details of customer services can be found at Clause 25.
12.4. Where funds are withdrawn, they will be subject to a clearance period determined by the card issuing bank (normally 4 - 6 working days) or online payment services (normally same day).
12.5. Any withdrawals must be via the same method that was used to deposit a respective amount of funds and will be remitted only to the account from where the funds paid into your Account originated, subject to Clause 12.6.
12.6. If you deposit using a payment method which does not allow us to pay funds back via the same payment method, we will arrange for your funds to be paid back to your bank account, subject to documentary evidence being provided, which may include identity documentation such as bank statements and payment method details. If you deposit using such a payment method you will be notified either upon registration or when you attempt to make a withdrawal (depending on the payment method).
13. USE OF SERVICES: GENERAL RESTRICTIONS
13.1. You must not:
13.1.1. use the Services in any way that does, or would reasonably be expected to, lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person;
13.1.2. open an Account on behalf of a third party, as above at Clause 4.2.4, or authorise any third party to use your Account, but you will be entirely responsible for all losses which are incurred as a result of having a third party use your Account. You must immediately inform Stakemate if you suspect that another person has obtained access to your Account, and you must offer your full assistance to Stakemate while investigating this issue;
13.1.3. hold more than one Account. If a Customer has opened multiple Accounts or multiple Accounts appear to be controlled by or connected to a Customer, without limitation to any other rights Stakemate has under this Agreement, Stakemate will:
(a) void all or any such Bets on such Accounts and to the extent that such Account(s) have been credited with monies as a result of such Bets, such monies shall be deemed to be held by you on trust for Stakemate and Stakemate shall:
(i) withdraw the relevant amount from your Account;
(ii) cancel/reverse any withdrawal which you have made;
(iii) to the extent that you have withdrawn such amounts, make a demand for payment for such amount and you shall then immediately repay such amount to Stakemate;
(iv) void any subsequent Bet placed using such monies and/or withhold any winnings which you have won with such monies and take any action described above at 13.1.3(a)(i),(ii) or (iii); and
(b) suspend and/or close all such Accounts.
13.1.4. use the Services in any way other than for your personal use and for your own benefit;
13.1.5. collude with any other Customers on the Services;
13.1.6. place a Bet with the intention of transferring funds to another Account;
13.1.7. give any indication that you have any commercial relationship with us or that you are our agent;
13.1.8. act in any manner that is detrimental to the operation of the Services or otherwise abuse the Services in any way;
13.1.9. misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
13.1.10. attempt to gain unauthorised access to: our Services; the servers from which our Services are operated; or any server computer or database connected to our Services;
13.1.11. use programs or devices or interface with our Services using any third-party software, including any third-party software or services (including websites or subscription services) which are designed to provide an unfair advantage or distort normal gameplay. For the purpose of this Clause, an "unfair advantage" means:
(a) any instance in which a Customer accesses or compiles information on other Customers (including the tracking of Customers through the use of such automated software) beyond which the Customer has personally observed through the Customer’s own game play (other than information or services provided to Customers directly by us); and/or
(b) any other instance in which a Customer exploits or participates in the exploitation of a fault, loophole or error in our Services or any third party's software, or otherwise manipulates the Services, and uses it to our disadvantage or the disadvantage of other Customers.
13.1.12. act in any manner which is a threat to the integrity of sport;
13.1.13. place any Bet that would be in breach of any rules on betting, including any rule about irregular and/or suspicious betting or misuse of inside information, relevant to a sport’s governing body or other professional body of which you are a member, or your employer. If we identify a breach of any of the rules described in this Clause, we will void such Bet and provide the relevant sport governing body with sufficient information to conduct an effective investigation;
13.1.14. use the Services in any manner which we would reasonably consider to be ‘cheating’, which shall include but not be limited to:
(a) colluding with other persons;
(b) using software to gain an advantage;
(c) exploiting any weaknesses within the Services;
(d) ‘courtsiding’ or any similar activity;
(e) betting on sporting events which have been subject to ‘match fixing’ or where you otherwise have direct or indirect influence on the outcome of such event; or
(f) using insider information,
13.1.15. acquire an Account from another Customer;
13.1.16. falsify personal information, including attempting to circumvent our age verification procedures;
13.1.17. use any robot, spider, scraper or other automated means to access the Services for any purpose, including copying data published on the Services;
13.1.18. obtain other Customers’ information or spam other Customers;
13.1.19. choose a username or avatar which we consider to be offensive; or
13.1.20. otherwise breach the terms of the Agreement.
14. USE OF SERVICES: TERRITORIES
14.1. Access to the Services may not be legal for residents of, or persons located in, certain countries. Our Services do not constitute an offer or invitation by us for the use of our Services in any jurisdiction in which such activities are prohibited by law. Stakemate will not accept any responsibility for any punishment that could be imposed on a Customer by the relevant authorities following the use of the Services.
14.2. Without limitation to the other provisions in this Clause, you must not use our Services if you are:
14.2.1. in a jurisdiction (or a resident of a jurisdiction) that renders the provision of our Services to you or your use of them illegal; and/or
14.2.2. located in the United States of America.
14.3. If we discover or reasonably believe that you are accessing the Services in a country in which the use of the Services is not legal, we shall be entitled to immediately suspend or close your Account, void any Bet and we shall not be liable for any losses incurred as a result of such suspension, closure or voiding such Bet.
15. USE OF SERVICES: CHAT SERVICES
15.1. We may provide you with a chat service to allow communication with other Customers. Any use of such chat service must be in accordance with the below:
15.1.1. you shall not make any statements that are threatening, sexually explicit or offensive, including but not limited to messages that are expressions of bigotry, racism, hatred, prejudice or profanity;
15.1.2. you shall not make statements that are abusive, defamatory, harassing or insulting to other Customers;
15.1.3. you shall not engage in any communication that might give an advantage to other Customers or could be classed as collusion;
15.1.4. you shall not make statements that advertise, promote or otherwise relate to any other websites or online or offline ventures, discuss illegal activities or post personal details;
15.1.5. you shall not make statements about us or the Services that are untrue and/or malicious and/or damaging to us;
15.1.6. you agree not to post any content that you do not have the right to post;
15.1.7. you acknowledge and accept that your communications on the chat service are not private or confidential, and may be viewed and used by others accessing the Services;
15.1.8. you acknowledge that we are not responsible for the publication of user content on the chat service; and
15.1.9. you agree to notify our customer services if you think you see any Customers colluding or sharing key information via the chat facility or if you have been subject to any abusive behaviour on the chat service.
15.2. We may review chat content, keep a record of all statements made on the chat services and take necessary action retrospectively if necessary, but are not obligated to pre-screen or delete any user content. If we feel any content you post on chat Services is unsuitable, we will take any action we consider necessary, which may include the following:
15.2.1. remove the content;
15.2.2. suspend your ability to use the chat service, or suspend or close your Account; or
15.2.3. report your activity to any relevant authorities.
16. CLOSING AN ACCOUNT
16.1. You have the right to close your Account at any time. You should make a request to close your Account via e-mail support@Stakemate.com or by visiting the Account Screen on the Mobile Application.
16.2. Stakemate has the right to close any Account at any time.
16.3. Subject to these Terms, including terms which permit Stakemate to withhold payment of monies, any contractual obligations of either a Customer or Stakemate which have been made prior to an Account being closed will be honoured.
16.4. You remain responsible for activities on your Account until it is closed.
16.5. Upon our confirmation of the closure of your Account, we will notify you and provided that you have complied with these Terms, we will send you the sum on deposit in your Account by the last method of payment that you used to deposit funds into your Account or such other method of payment determined by us.
16.6. Subject to Clause 16.7, if there are any unsettled Bets on your Account at the time of the closure of your Account closure, these Bets will not be voided and any resulting winnings will be transferred to you in accordance with Clause 16.5.
16.7. If Stakemate is required to cease operations, either completely or in relation to a specific territory, and consequently has to close your Account, Stakemate shall void any open Bet on a set date (either the date it ceases operations or another date notified to all Customers) and return the stake for such Bet to the Customers.
17. PERSONAL INFORMATION
17.1. We process information about you in accordance with our Privacy Policy. Our Privacy Policy forms part of our Agreement and contains details on the types of information we collect, what we do with that information, and your rights in relation to that information.
18. FRAUD, MONEY LAUNDERING, SUSPICIOUS ACTIVITIES
18.1. You agree to provide any documentation we request that is reasonably required in order to meet our legal and regulatory requirements or comply with our internal fraud prevention procedures.
18.2. If we reasonably believe an Account to be involved in fraud, money laundering and/or any other form of illegal or suspicious activities, including the unauthorised use of any person’s debit card or other payment method, we will report such details as we reasonably consider are necessary to relevant authorities and take any of the actions set out at 19.1.1 - 19.1.10.
18.3. If we close or suspend your Account for any of the reasons referred to above in this Clause 18, you shall be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by us arising as a result of or in connection with your fraudulent or otherwise illegal activities (“Claims”), and you agree to fully compensate us for any costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, any loss of profit and any loss of reputation) in respect of such Claims.
19. BREACH OF THE AGREEMENT
19.1. If we have reason to believe that you are in breach of the Agreement or if we are required to do so by law, we reserve the right, at our reasonable discretion, to:
19.1.1. suspend your Account;
19.1.2. close your Account;
19.1.3. void any Bet;
19.1.4. not award winnings which would otherwise have been payable;
19.1.5. cancel any withdrawals;
19.1.6. withhold your Account balance, including any bonus balance;
19.1.7. recover from your Account the amount of any affected pay-outs, bonuses and winnings;
19.1.8. require that any amount which was won and/or withdrawn in breach of the Agreement is returned to us;
19.1.9. require that any amount which was won and/or withdrawn, if required by law, is returned to us or forfeited to a third party; and/or
19.1.10. implement a permanent ban from our Services.
19.2. You agree to compensate us for any costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, any loss of profit and any loss of reputation) arising in relation to a breach of the Agreement.
19.3. You agree that we can use monies in your Account (and/or any duplicate Account) to settle any liabilities we incur as a result of your breach of the Agreement.
20. ACCOUNT SUSPENSION
20.1. We shall be entitled to suspend your Account in our absolute discretion.
20.2. If we suspend your Account for a matter: (i) relating to an actual or suspected breach of the Agreement; or (ii) where we are expressly permitted to suspend your Account under the terms of the Agreement; or (iii) we are investigating your Account:
20.2.1. no activity shall be permitted (including deposits, withdrawals, betting or gaming) until the date upon which your Account is re-activated by Stakemate;
20.2.2. no bonuses or contingent winnings will be credited to your Account; and
20.2.3. we shall address the issue that has given rise to the Account suspension with a view to resolving it as soon as reasonably practicable so that the Account can, as appropriate, either be re-activated or closed.
The rights at 20.2 shall be in addition to any other rights of Stakemate under the Agreement.
20.3. If we suspend your Account for a matter which does not relate to: (i) an actual or suspected breach of the Agreement; or (ii) a situation where we are expressly permitted to suspend your Account under the Agreement; or (iii) an investigation of your Account, you will be prohibited from using the Services other than to withdraw amounts in your Account.
21. LIMITATIONS AND EXCLUSIONS
21.1. Nothing in these Terms shall exclude or limit our liability:
21.1.1. for fraud;
21.1.2. for death or personal injury resulting from our negligence; or
21.1.3. to the extent such liability cannot be excluded or limited as a matter of law.
21.2. Subject to Clauses 21.1 and 21.3, and save in respect of any winnings lawfully due to you in accordance with this Agreement, our maximum liability to you in relation to any one incident or series of related incidents is limited as follows:
21.2.1. where such liability relates to a specific Bet which you have placed, the value of the respective stake paid by you;
21.2.2. where such liability relates to the misapplication of funds in your Account, the amount that has been lost or misplaced;
21.2.3. where such liability relates to any other liability of Stakemate (i.e. which is not covered by Clauses 21.1, 21.2.1 or 21.2.2), our maximum liability shall be one thousand pounds (£1,000).
21.3. Subject to Clause 21.1, we (and/or our third-party services providers, to the extent relevant) shall not be liable to you:
21.3.1. in contract, tort (including negligence), breach of statutory duty or otherwise arising for loss of profits, loss of revenue, loss of data, loss of business, loss of business information, business interruption, loss of reputation, loss of opportunity, loss of goodwill or for any indirect, special or consequential loss;
21.3.2. for any loss or damage that you may suffer because of:
(a) any act of god;
(b) power failure;
(c) trade or labour dispute;
(d) any act, failure or omission of any government or authority;
(e) obstruction or failure of telecommunication services or networks;
(f) cyber-attack;
(g) terrorist attack;
(h) pandemic or epidemic; or
(i) any other act, omission, delay or failure caused by a third party or otherwise outside of our control;
21.3.3. for any loss or damage that you may suffer because of the use of our Services which breaches these Terms, including any losses you may incur if you continue to use the Services after you have self-excluded, whether directly or via GAMSTOP, in particular where:
(a) you have sought to circumvent a self-exclusion via an additional Account;
(b) you have changed any of the registration details in your Account or opened a new Account;
(c) you have continued to gamble with us between your self-exclusion registration with: (i) GAMSTOP or us receiving notification and applying such self-exclusion to our Services; and (ii) us applying such self-exclusion to our Services;
(d) the operating systems utilised by GAMSTOP fail to properly and/or in a timely manner identify you and/or your Account(s) as subject to self-exclusion.
21.4. Our liability to you is limited to the proportion of your loss or damage which either we agree, or is found by a court to be just and equitable, after taking account of the contribution to the relevant loss and damage of any other person responsible and/or liable to you in respect of that loss or damage.
22. INTELLECTUAL PROPERTY
22.1. The Services contain Stakemate’s own proprietary content as well as content of third-party providers. All intellectual property rights in the Services and in such content on the Services shall remain at all times the property of Stakemate or its third-party providers.
22.2. The names, images and logos identifying us, our partners or third parties and our/their products and services contained in the Services are proprietary marks and may not be reproduced or otherwise used without express permission.
22.3. Nothing contained in these Terms shall be construed as conferring by implication any licence or right to use any trademark, patent, design right or copyright that belongs to us or any third party.
22.4. No part of our Services may be reproduced, stored, modified, copied, republished, uploaded, posted, transmitted, distributed, transferred or exploited, by any means or in any manner, or included in any other website or any other public or private service including text, graphics, video, messages, code and/or software without our express written consent.
22.5. Any commercial use or exploitation of the Services or its content is strictly prohibited.
23. RESPONSIBLE GAMBLING
Responsible Gambling Tools
23.1. We reserve the right to impose our responsible gambling tools on your Account at our discretion to comply with our social responsibility obligations.
23.2. You can set a limit on the value of deposits you can make over a daily, weekly or monthly period. You can also set a maximum stake for your Account on a single Bet. Information on setting limits, and subsequently amending or removing such limits, can be found at the ‘Account Screen’ and ‘Deposits and Withdrawals Screen’.
23.3. We make available facilities for you to stop gambling for the following periods: (i) 24 hours; (ii) one week; (iii) two weeks; (iv) three weeks; (v) four weeks; (vi) five weeks or (vii) six weeks, which can be accessed at the ‘Account Screen’ and which we refer to as ‘Time Outs’. You can also self-exclude from the Services, which will result in a period of longer exclusion than Time-Outs and mean that you do not receive marketing. See Clause 23.5 for detail.
23.4. As above at 4.2.2, upon opening an Account you declare that you have not self-excluded from the Services or self-excluded via GAMSTOP. You repeat this declaration each time you access the Services.
Stakemate’s self-exclusion service
23.5. We offer a self-exclusion service which can be accessed at the Account Screen of the Mobile Application. We will use reasonable endeavours to ensure you are excluded from the Services as soon as reasonably practicable after you have submitted a request for self-exclusion.
GAMSTOP self-exclusion service
23.6. In addition to Stakemate’s self-exclusion service, you are also able to self-exclude via GAMSTOP (www.gamstop.co.uk), a service which permits you to self-exclude from all online gambling services that have signed up to the GAMSTOP service.
23.7. After you have self-excluded with GAMSTOP, you will be prevented from gambling with Stakemate until your GAMSTOP self-exclusion is no longer active.
23.8. Your GAMSTOP self-exclusion may take a number of days in order to become active with us, after you register with GAMSTOP. In this period, you must not access the Services and we shall not be liable if you do.
23.9. You must ensure that the details you use to register with GAMSTOP are the same as those details registered on your Account, if they are not the same your self-exclusion may not become active with us.
General self-exclusion terms
23.10. If you self-exclude:
23.10.1. any funds in your Account will be returned to you by the last method of payment you used to deposit or such other method of payment determined by us; and
23.10.2. any open Bet will remain open and will be settled at the time of the relevant event on which the Bet was made, with any winnings then paid to you by the last method of payment you used to deposit or such other method of payment determined by us.
Support services
23.11. The free helpline number for GAMCARE (available 24 hours a day, 7 (seven) days a week) is 0808 8020 133 and their website can be accessed at: https://www.gamcare.org.uk/.
23.12. If you have any concerns about your gambling, you can also find information and support at www.begambleaware.org.
24. MISCELLANEOUS
24.1. We reserve the right to suspend part or all of the Services, modify, remove and/or add a product to the Services at our reasonable discretion on prior notice to you wherever possible, however some amendments to products or the Services may be required to be made with immediate effect and without notice.
24.2. We reserve the right to terminate the Services, including but not limited to the event of losing our Gambling Commission licence. In such instance, notification will be posted on the Websites and Mobile Application and all open Bets will be voided.
24.3. We provide the Services on an 'as is' and 'as available' basis and no guarantee is provided that any specific products will made be available on the Services. We do not give any assurance or warranty that the Services will be free from errors or omissions nor that there will be uninterrupted provision of the Services.
24.4. Where the Services link to third party websites, content and resources this does not constitute an endorsement by us of that third party’s website or their products or services and we do not accept any liability in respect of your use of such websites.
24.5. The information on the Services which we or third parties provide (including results, statistics and fixture lists) is for your personal use only and the distribution or commercial exploitation of such information by you is strictly prohibited. We do not give any assurance or warranty in respect of the uninterrupted provision of such information, its accuracy or any Bet placed in relation to such information. No information which we or third parties provide on our Services is intended to amount to advice or recommendations and is provided for information purposes only.
24.6. It is your responsibility to maintain the confidentiality of the details which you use to log into your Account, including any Customer ID or password. If you become aware that another person has knowledge of your password, you must change your password immediately. You are also responsible for the security of any linked email address and the security of any personal computer or device (through password protection, screen locks, etc.) on which the Account is accessible. Stakemate shall not be held responsible if there is unauthorised use of your Account.
24.7. We may transfer our rights or obligations or sub-contract our obligations under the Agreement to another legal entity. You agree that we can do so provided that this will not adversely affect the standard of services you receive. In the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations to another legal entity, your only rights under or in connection with the Agreement will be against the new legal entity and not against us.
24.8. This Agreement is not intended to give rights to anyone except you and us. This does not affect our rights under Clause 24.7.
24.9. This Agreement is personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
24.10. If you breach the Agreement and we take no action against you, we will not be deemed to waive our rights in relation to such breach and shall still be entitled to exercise our rights and remedies in relation to such breach or any other situation where you breach the Agreement.
24.11. If any part of the Agreement is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
24.12. Any rights not expressly granted in the Agreement are reserved.
24.13. These Terms and any other document that constitutes part of the Agreement may be published in several languages. Should any form of discrepancy arise between the non-English and the English version, the English version shall prevail over the non-English version.
24.14. Should there be any conflict between the Terms, Rules and specific terms of a promotion, the order of precedence shall be as follows:
24.14.1. the specific terms of a promotion;
24.14.2. the Rules; and
24.14.3. these Terms.
25. CONTACT
25.1. If you need to contact us, you can contact our customer services team by emailing us at support@Stakemate.com.
25.2. If we need to notify you under the Agreement, we will do so by email to the email address registered to your Account.
25.3. Any abuse of our customer services team will not be tolerated and we reserve the right to suspend or close your Account in such event.
26. COMPLAINTS AND DISPUTES
26.1. If you have any cause to complain about anything that has happened as a result of your use of the Services, you should notify us by contacting customer services by email within 6 (six) months of the original transaction and they will oversee the management of your complaint. Contact details of customer services can be found at Clause 25 of these Terms. To ensure your complaint is dealt with promptly, please include the following information: your first name and surname and a detailed explanation of the complaint.
If, after 8 (eight) weeks from submission of your complaint, your complaint has not been resolved to your satisfaction, you can refer the dispute to Independent Betting Adjudication Services (“IBAS”), an independent alternative dispute resolution service, provided the dispute relates to the contractual obligations under the Agreement or your gambling transaction (including management of a transaction or your Account). IBAS can be contacted by email at: adjudication@ibas-uk.co.uk or by telephone on: 44 (0)20 7347 5883 or: Independent Betting Adjudication, PO Box 62639, London, EC3P 3AS. You must submit the dispute to IBAS within 12 months from the date upon which Stakemate has given notice to you that we are unable to resolve the dispute. For more information on IBAS, please visit www.ibas-uk.com/.
27. GOVERNING LAW AND JURISDICTION
27.1. The Agreement is governed by and interpreted in accordance with the laws of England and Wales.
27.2. Disputes arising in connection with the Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales subject to any statutory rights you have in respect of using the courts of Scotland or Northern Ireland.