Betway Terms & Conditions

These Terms and Conditions apply to, and are binding upon, you if you Participate at Betway. By Participating, you agree that you have read and understood these Terms and Conditions and you acknowledge that these Terms and Conditions shall apply to you. If you do not agree to any of these Terms and Conditions, you should immediately stop using the Software and remove the Software from your computer. By marking the box labeled “Yes, I agree to the Terms and Conditions and that I am not resident in the US, Malta or Israel” as part of the registration process you are bound by these Terms and Conditions, our Privacy Policy, the Sports Betting Rules, promotion- or competition- specific terms and conditions, and other rules and policies relevant to your Participation and in each case as such may be updated from time to time (all such rules and policies collectively referred to hereinafter as the “Rules”). You are bound by the Rules in any event if you use the Service or the Software, including, but not limited to, initiating or making a deposit through the Service or submitting your deposit details to us..

These Terms and Conditions replace and override any pre-existing Terms and Conditions that may have appeared on the Betway website at any previous date.

In these Terms and Conditions:

“Betway” means the website betway.com or equivalent or replacement uniform resource locators;

“Closed Customer Account” means an account that has been closed, deregistered or excluded by either us or you;

“Customer/s” mean(s) a Registered Customer or a Closed Account Customer;

“Games” means poker, casino and any other games offered at Betway (not including the Sportsbook);

“Intellectual Property” means trade marks and trade names, whether registered or not, including trade mark applications and registered trade marks, with the goodwill which attaches in such trade names and trade marks, domain names, getup, trade dress and trading style including without limitation as presented in websites; domain name registrations and any variations thereof now and in the future; any copyright in the getup, trade dress or trading style, any right or license under copyright to use such getup, trade dress or trading style, any software code, architecture of software, look and feel of software, or any other intellectual property, owned by or licensed to us, in each case in any part of the world;

“Participate” and any cognate thereof means, without limitation, any of the conduct described in 4.1.1 to 4.1.8 below, visiting Betway, playing any Games, using the Sportsbook, or using the Software in any manner whatsoever;

“Registered Customer” means a person who has registered with us in any manner as a customer and who has opened an account with us;

the “Service” means the availability to, and provision of Software that enables you to Participate;

“Software” means any software owned by or licensed to us in order for you to Participate, or any downloadable/flash game versions of the software offered at Betway;

“Sportsbook” means sports betting offered at Betway;

“we/us/our” means Sailboats Limited, in all matters pertaining to the Sportsbook, and Gnuf Limited, in all matters pertaining to the Games, together with (where context permits) their holding companies and associated companies;

“Your Jurisdiction” means the jurisdiction in which you are domiciled, reside or work.

These Terms and Conditions may be published in a number of languages for information purposes and ease of access by players. It is only the English version that is the legal basis of the relationship between you and us and in case of any discrepancy between a non-English version and the English version of these Terms and Conditions, the English version shall prevail.

1. Your Participation at Betway

1.1 Participation

1.1.1 YOU MAY NOT PARTICIPATE IF YOUR JURISDICTION IS THE UNITED STATES OF AMERICA, THE REPUBLIC OF MALTA OR THE STATE OF ISRAEL.
BETS PLACED FROM THESE JURISTICTIONS WILL BE VOIDED AND ANY DEPOSITS OR BETS MADE BY PERSONS WHO ARE DOMICILED, RESIDE OR WORK IN SUCH JURISDICTIONS WILL BE REFUNDED LESS AN ADMINISTRATIVE FEE OF 10% OF THE TOTAL DEPOSITS MADE BY SUCH INDIVIDUAL, IN ADDITION TO ANY CHARGES THAT MAY BE LEVIED BY THE BANK OR FINANCIAL INSTITUTION MANAGING THE AFOREMENTIONED REVERSAL.

1.1.2 PERSONS IN BREACH OF SECTION 1.1.1 OR OTHERWISE IN BREACH OF THESE TERMS WILL NOT BE ENTITLED TO COLLECT ANY WINNINGS. FURTHERMORE, ANY PERSON WHO IS KNOWINGLY IN BREACH OF SECTION 1.1.1 MAY BE COMMITTING FRAUD AND MAY BE SUBJECT TO CRIMINAL PROSECUTION.

1.1.3 Participation is at your sole option, discretion and risk.

1.1.4 You are solely responsible for ascertaining whether it is legal in Your Jurisdiction to Participate.

1.1.5 You may only Participate if it is legal for you to do so within Your Jurisdiction.

1.1.6 You may only Participate if you have attained the greater of: (i) 18 years; or (ii) the legal age of majority within Your Jurisdiction.

1.1.7 We do not warrant the legality of your Participation under the laws of Your Jurisdiction. Participation may be illegal in some jurisdictions. You understand and accept that we are unable to provide you with any legal advice or assurances and that you are solely responsible for verifying and complying with the law in any jurisdiction that applies to you before registering at Betway. The Service is directed only towards users who are not prohibited by the laws of any applicable jurisdiction from gambling on the Internet. We do not intend to enable you to contravene the laws of Your Jurisdiction. You represent, warrant and agree to ensure that you comply with all laws, statutes and regulations of Your Jurisdiction in relation to your use of the Software and the Service. We shall not be responsible for any illegal or unauthorized use of the Software or the Service by you. Please consult legal counsel in the applicable jurisdiction if you have any doubts about the legality of your use of the Software and the Service under the laws of Your Jurisdiction. By accepting these terms, you agree to assist us, to the extent you are able, with compliance with applicable laws and regulations.

1.1.8 We have the right to request you to furnish us with proof of your identity and age as a condition precedent to us allowing you to Participate, and at any stage, in order to verify that minors are not Participating. We may cancel your account and exclude you from Participating if proof of age is not provided or if the Company suspects that you are underage. The first time you wish to cash-in, we will require you to furnish us with the following forms of identification:

1.1.8.1 Current and valid passport, driving license or ID card;

1.1.8.2 The most recent bank statement for the bank account from which your deposit has been made (we are only required to see your name and address, please omit all other information);

1.1.8.3 A photocopy of the front and back of the bank card from which the deposit has been made (we are only required to see the first and last 4 digits); and

1.1.8.4 A signed, self certified letter, authorizing your deposits and personal details registered with Betway.

1.1.8.5 Payment of any cash-in may only be made to a Registered Customer.

1.1.9 You hereby authorize us and our designated agents, as and when we require, to confirm your identity and to confirm and verify your right to use the money that you wager at Betway.

1.2 Your Warranties

1.2.1 You warrant and represent, and we enter into these Terms and Conditions on the basis of such representations and warranties, that you:

1.2.1.1 Are legally able to Participate under the laws of Your Jurisdiction;

1.2.1.2 Are an “adult”, having attained the greater of: (i) 18 years; or (ii) the age of majority within Your Jurisdiction;

1.2.1.3 Shall not allow any third party, in particular, but without limitation, any minor/s, to, directly or indirectly, use your account that you hold at Betway, utilize the Software or accept a prize from us; bets placed by any third party will be regarded by us as valid and binding;

1.2.1.4 Have furnished us with personal details that are valid, accurate and complete in each and every respect and that you shall advise us immediately should such details change;

1.2.1.5 Are the true and lawful owner of the money that you wager at Betway or that you are duly and properly authorized to utilize such monies for the aforementioned purposes;

1.2.1.6 Shall not deposit nor wager any money at Betway that are derived in any manner whatsoever from illegal activities contemplated in 1.5 below;

1.2.1.7 Shall pay all money owed to us and in respect of payment shall not charge-back, deny, reverse or countermand any such payments; and

1.2.1.8 Have read and understood these terms and conditions.

1.3 Refusal to Register, Deregistration and Exclusion

1.3.1 We may refuse to register you as a player or elect to deregister and exclude you as a player from Betway at any time and for any reason whatsoever.

1.3.2 You acknowledge hereby that Betway is not obliged to give you prior notice of its decision to refuse, deregister or exclude you nor to furnish you with any reasons for such decision.

1.3.3 You may only open and hold one account at Betway. Duplicate accounts will be unilaterally closed by us. All bets and bonus bets on such duplicate accounts will be void and all funds deposited by you will be returned to you less a 10% handling fee.

1.4 Consequences of Deregistration or Exclusion and Closed Customer Accounts

1.4.1 If we deregister or exclude you from Betway we shall have the right to:

1.4.1.1 Withhold payment to you of any contested funds whether such contested funds are bets placed, deposits, cash-in, bonus bets, refunds, free money, pay outs or the like;

1.4.1.2 Exclude you from all or any other services or products offered by any companies within our group;

1.4.1.3 Solely determine what criteria you shall have to meet in order to establish a new account at Betway; or

1.4.1.4 In the case of fraudulent, illegal or similar misconduct by you, furnish any relevant information about you to an intra-group database recording such mischief. You hereby irrevocably authorize us to do so in our absolute discretion.

1.4.2 Should your account have a nil balance for a period of at least 6 (six) consecutive months, your account shall be closed. Should you fail to use your account for at least 6 (six) months your account will be considered to be a “Dormant Account”. The 6 (six) month period will be counted from the date of your last login to your account. In such cases, we shall levy an administration fee on your Dormant Account of 5% of your account balance, minimum $5 per month from the date on which the account becomes a Dormant Account, until the earlier of: (i) the credit balance in the Dorman Account being reduced to zero; or (ii) the Dormant Account becoming active. Such administration fee shall be debited from a Dormant Account at the end of each month. The administration fee will be waived if your account is re-activated prior to the fee actually being debited.

1.4.3 Should you request your account to be closed, or should you request exclusion from Betway, all uncontested funds shall be remitted to you once all bets on your account have been settled. If, after a reasonable and diligent effort by us to contact you, we are unable to remit these funds to you, the onus shall fall upon you to lay claim to these funds within a period of 6 (six) months from the date of your request. Should you fail to do so your account shall be considered a Dormant Account.

1.4.4 No interest is payable on account balances.

1.5 Money Laundering

1.5.1 Malta has strict laws on money laundering that may impose an obligation upon us to report you to the federal or local authorities within such jurisdictions if we know, suspect or have reason to suspect that any of your transactions, amongst other things, involve funds derived from illegal activities or are intended to conceal funds derived from illegal activities or involve the use of Betway to facilitate criminal activity.

1.5.2 If we have knowledge or suspicion envisaged in 1.5.1 above we may:

1.5.2.1 Immediately suspend, deregister or terminate your account at Betway;

1.5.2.2 At our sole discretion, not refund to you any funds held in such account;

1.5.2.3 Exclude you from all or any services or products offered by any companies within our group; or

1.5.2.4 Furnish any relevant information about you to an intra-group database recording such mischief. You hereby irrevocably authorize us to do so in our absolute discretion.

1.5.3 If we have knowledge or suspicion envisaged in 1.5.1 above, we may be legally bound to report you to the aforementioned federal or local authorities, and in such case, we may do so in our absolute discretion.

1.5.4 In order to assist in the prevention of money laundering:

1.5.4.1 No cash shall be accepted to fund any account at Betway; and

1.5.4.2 Should you wish to make substantial and/or exceptional cash-ins (individually or in the aggregate), you will be required to furnish us with either facsimile or electronic copies of the forms of identification listed in Section 1.1.8.

1.6 Publicity

1.6.1 If, whilst playing at Betway, you win a sum of money or any other prize regarded by us as worthy of publicity, you agree to make yourself available for any event of such a nature arranged by us. We will do its utmost to protect your privacy at all times.

1.6.2 Without derogating from the generality of clause 1.6.1 above, you hereby grant us the right to use your first name or user name in any publicity about your win mentioned above.

1.6.3 We may disclose to third parties certain details which you have provided to us, subject to our Privacy Policy. You consent to this and to the terms of our Privacy Policy.

1.7 Assumption of Risk and Obligations

1.7.1 You are fully aware that there is a risk of losing money when gambling by means of Participating, and that you are fully responsible for any such loss. You agree that your Participation is at your sole option, discretion and risk.

1.7.2 You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority, for any tax or other levy that may be payable on any winnings paid to you.

1.7.3 You agree that you shall not commit any acts or display any conduct that damages or could potentially damage our reputation.

2. The Service

2.1 The Service and the Software are provided “as is”. We make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the Service or the Software.

2.2 We shall not be liable for computer malfunctions, failure of telecommunications service or Internet connections nor attempts by you to participate in games by methods, means or ways not intended by us.

2.3 We cannot guarantee that the Service will never be faulty but we will correct reported faults as soon as we reasonably can. If a fault occurs you should report the fault by e-mail or in writing to our customer service centre.

2.4 Although we shall take all reasonable measures to ensure that the Software and files are free from computer viruses we cannot and do not guarantee that the Software and files are free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data or programs lost due to a virus.

2.5 We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but shall not be obliged to, give you as much notice as is reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably practicable, after such temporary suspension.

2.6 In the event of a system malfunction, all unconfirmed bets are void

2.7 Customer complaints regarding account statements or balances must be made within 14 days of posting on the Betway website. Customer complaints should be sent by Email to support@betway.com. Best efforts will be made to resolve a reported matter promptly. If for some reason you are not satisfied with the resolution of your complaint, you can contact the Malta Lotteries and Gaming Authority (LGA) on complaints@lga.org.mt.

2.8 In accordance with clause 4.2 below, we will not be liable to you for any loss that you may incur as a result of such suspension or delay.

2.9 Bonus Bets cannot be transferred or cashed-in. Bonus Bet Terms and Conditions can be viewed here. You hereby agree to be bound by the aforementioned Bonus Bet Terms and Conditions as if they were specifically incorporated into these terms and conditions.

3. Shared Environments

We may impose any limits or conditions that we, in our sole discretion, deem fit on any persons who open or attempt to open accounts at Betway where such accounts originate from environments where computers are or the environment is shared.

4. Indemnity and Limitation of Liability

4.1 You agree to indemnify and hold harmless us, our directors, officers, employees, shareholders, agents and affiliates, our ultimate parent and parent companies and any of our subsidiaries against any and all costs, expenses, liabilities and damages (whether direct, indirect, special, consequential, exemplary or punitive or other) arising from any Participation by you, including without limitation:

4.1.1 Visiting, use or re-use of the Betway website;

4.1.2 Use or re-use of the Betway website by means of telecommunication services;

4.1.3 Use or re-use of any materials at, or obtained from, the Betway website or any other source whatsoever;

4.1.4 Entry to, or use or re-use of the Betway website server;

4.1.5 Facilitating or making a deposit into your account at Betway;

4.1.6 Wagering or gaming at Betway through any delivery mechanism offered;

4.1.7 Acceptance and use of any win or prize at or from Betway; and

4.1.8 Use or re-use of Betway software, by any means or through any medium.

4.2 In no circumstances whatsoever shall we, our directors, officers, employees, shareholders, agents and affiliates, our ultimate parent and parent companies and any of our subsidiaries be liable to you in contract, tort, negligence or otherwise, for any loss or damage howsoever arising from any cause whatsoever, whether direct or indirect, or for any amounts whatsoever (even where we have been notified by you of the possibility of such loss or damage).

5. Promotions and Competitions

5.1 We may, from time to time, offer certain promotions and competitions which may have separate terms, conditions and rules that are competition- or promotion- specific.

5.2 In addition to the above, these terms and conditions shall apply to any competition or promotion.

5.3 In the event and to the extent of a conflict between these terms and conditions and the promotion- or competition- specific terms and conditions, the promotion- or competition- specific terms and conditions shall prevail.

6. Sports Betting Rules

6.1 In addition to these Terms and Conditions, the Sports Betting Rules shall apply to you and be binding upon you in respect of your Participation in the Sportsbook.

6.2 You agree to be bound by the Sports Betting Rules, which are hereby incorporated into these Terms and Conditions.

7. Intellectual Property

7.1 You acknowledge and agree that all right, title and interest in the Intellectual Property is our absolute property or duly licensed to us. Any use of the Intellectual Property without our prior written consent is not permitted. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, or tamper with the Intellectual Property in any manner whatsoever.

7.2 You acknowledge and agree that the material and content contained within the Betway website is made available for your personal, non-commercial use only. Any other use of such material and content is strictly prohibited.

7.3 We hereby grant you a license to download and use the Software in order to Participate, subject to these Terms and Conditions. All rights in the Software are reserved, and you may use the Software only as licensed to you. The architecture and code of the Software is our valuable trade secret, and you undertake not to disclose any information relating to the architecture or code that you may obtain from downloading or use of the software. You agree that we may from time to time use a cookie on your disk to save information (such as user name, password, other personal details, email address) so you do not have to re-enter this information each time you visit Betway. This cookie cannot be used to run programs or deliver viruses to your computer, and is uniquely assigned to you. It can only be read by a web server in the domain that issued the cookie to you. The primary purpose of the cookie is to enable you to save time, and facilitate future access to the site.

8. Termination

8.1 These Terms and Conditions shall come into force immediately upon your marking the box labeled “Yes, I agree to the Terms and Conditions and that I am not resident in the US, Malta or Israel” as part of the registration process and shall continue in force unless and until terminated in accordance with its terms.

8.2 We may terminate these Terms and Conditions with respect to you and your account (including your username and password) immediately without notice:

8.2.1 If for any reason we decide to discontinue to provide the Service;

8.2.2 If we believe that you have breached these Terms and Conditions or the Rules;

8.2.3 If your Participation has been in any way improper or breaches the spirit of these Terms and Conditions; or

8.2.4 For any other reason we see fit.

8.3 You may terminate these Terms and Conditions with respect to you and your account (including your username and password) at any time by sending an email to us at support@betway.com, such termination to take effect upon us terminating your account (including username and password), provided that you shall remain responsible for any activity on your account between sending us an email and the termination of your account by us.

8.4 Save as otherwise provided herein, on termination of these Terms and Conditions with respect to you, any balance in your account will be returned to you within a reasonable time of your request, subject always to our right to deduct any amounts owed by you to us.

8.5 On termination of this Agreement you shall:

8.5.1 Discontinue your Participation;

8.5.2 Pay all amounts due and owing to us; and

8.5.3 Remove the Software from your computer equipment and destroy all related documentation in your possession, custody, power or control.

8.6 The right to terminate this Agreement given by this clause shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.

9. General

9.1 Amendments

9.1.1 We may, without notice to you, amend, alter, delete, interlineate or add to (“Changes”) the Rules at any time whatsoever.

9.1.2 Changes shall become effective, and you shall be bound by Changes, immediately upon their posting on betway.com.

9.1.3 You agree to regularly review the Rules in order to assess whether any Changes have been made.

9.2 Eligibility

Our employees, subsidiaries and affiliates connected to any referral programs linked to Betway, advertising or other agencies, licensees, licensors, distributors and their other associated or affiliated companies or, in the case of individuals, the immediate family of such individual, are not eligible to Participate as a Registered Customer.

9.3 Severability

If any part of the Rules is deemed unlawful, void or for any reason or unenforceable, then that part shall be deemed to be severable from the rest of the Rules and shall not affect the validity and enforceability of the remaining provisions of the Rules. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with applicable law to reflect, as closely as possible, our original intent.

9.4 Non-Waiver

No indulgence granted by us to you should be construed as a waiver of any of our rights in these Terms and Conditions.

9.5 Third Parties

Unless otherwise expressly stated, nothing in these Terms and Conditions shall create or confer any rights on any persons not party to these Terms and Conditions.

9.6 Assignment

We reserve the right to transfer, assign, sub-license or pledge, in whole or in part, any of the rights and obligations granted to or imposed upon us by these Terms and Conditions. You may not transfer, assign, sub-license or pledge any of the rights and obligations granted to or imposed upon you by these Terms and Conditions.

9.7 Whole Agreement

Unless the context otherwise indicates, these Terms and Conditions set out the entire agreement between us and supersede all prior oral or written agreements, arrangements or understandings between you and us. You acknowledge that you are not relying on any representation, agreement, term or condition that is not set out in these Terms and Conditions.

9.8 Interpretation

In these Terms and Conditions the headings are used for convenience only and shall not affect interpretation. References to persons shall include incorporated and unincorporated persons; references to the singular include the plural and vice versa; and references to the masculine include the feminine.

9.9 Gaming License

Sailboats Ltd of 90/91 Psaila Street, Birkirkara, BKR9037, Malta is authorised and regulated by the Lotteries and Gaming Authority of Malta to offer sportsbetting in accordance with the provisional license number LGA/CL2/396/2007. Gnuf Ltd of 90/91 Psaila Street, Birkirkara, BKR9037, Malta is authorized and regulated by the Lotteries and Gaming Authority of Malta to offer poker in accordance with the provisional license number LGA/CL3/302/2006 and to offer casino in accordance with the provisional license number LGA/CL1/302/2006.

9.10 Applicable Law and Jurisdiction

The validity, construction and performance of these Terms and Conditions shall be governed by Maltese law and shall be subject to the non-exclusive jurisdiction of the Maltese courts to which you and we hereby submit, except that either you or we may seek an interim injunction in any court of competent jurisdiction.