INTRODUCTION

(last updated 12 February 2015)

These terms of use apply to the use of the Betfect website. The Betfect privacy and cookies policy sets out how we use data relating to you and it forms a part of these Betfect terms of use. The Betfect privacy policy can be found [here].

1. ABOUT THE WEBSITE AND THESE THE BETFECT TERMS OF USE

  • 1.1. www.betfect.com (the “Website”) is an online service operated by Samrt4up Ltd (“Betfect”, “we”, “us” or “our”). Betfect is a social media and social gaming platform rolled into one. The Website will allow users to create their own profile and socialize with the community. Users can also benefit from the services provided by our partners thanks to the high technological integration.
  • 1.2. These terms of use apply to all use of the Website and form a legal agreement between you and Betfect.
  • 1.3. By using the Website you are confirming that you understand and accept (and are able to understand and accept) these terms of use, and that you agree to be bound by them. You must not use the Website if you are under 18.
  • 1.4. We may make alterations to these terms of use from time to time. If you are not happy with any alteration, you must stop using the Website. If you keep using the Website, this will indicate your acceptance of these terms of use as altered. We may notify key changes to you but you should review these terms of use from time to time to ensure you are aware of any changes.
  • 1.1. We draw your attention to clause 6, which highlights that the Website provides url links to 3rd party social gaming websites. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You are responsible for reviewing the linked website’s or app’s terms of use.

2. RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS

  • 2.1. You can use the Website content solely for your private, non-commercial, personal use only. This does not give you any rights of ownership in the Website. You can only use the website commercially in accordance with our member terms and seller terms.
  • 2.2. There are two types of content on the Website: (1) content of which we are the owner or the licensee of; and (2) user submitted content by a third party which is submitted in accordance with these Terms and Conditions (“User Content").
  • 2.3. Unless otherwise specified, all copyright, design rights, database rights, patent rights, trade marks and trade dress rights and other intellectual property rights in the Website that is not User Content belongs to and vests in us or is licensed to us. All such rights are reserved.
  • 2.4. All third party trade names and trade marks are the property of their respective owners and we make no warranty or representation in relation to them.
  • 2.5. Subject to these terms and conditions and your compliance with them, we grant you a non-exclusive, non-transferable, personal, limited licence to access and use the Website and the content solely for your private, non-commercial, personal use only.
  • 2.6. User Content will be considered non-confidential and non-proprietary, and we have the irrevocable and perpetual right to use, copy, distribute and disclose to third parties any such material for the use within the Website and our business. You hereby grant us an unrestricted non-exclusive license to do so and you hereby waive all moral rights in the User Content.
  • 2.7. With respect to User Content, no representation or warranty is made by us in respect of that content. You may only submit User Content which you are entitled to do, and you should carefully note the contents of clause 5 below.
  • 2.8. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Website constitutes a violation of their intellectual property rights, or of their right to privacy.
  • 2.9. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
  • 2.10. We have the right to remove any material or posting you make on the Website.

3. RESTRICTIONS AND OBLIGATIONS

  • 3.1. You agree to comply with these terms of use and all rules applicable to the use of the Website.
  • 3.2. You will not: hack, modify, reverse engineer or create derivative works of the Website or any part of it; gain unauthorised access to any part of the Website; remove, modify or obscure any copyright, trade mark or other proprietary notices on the Website; create software which replicates or mimics the data or functionality in the Website; use your access to the Website for the sending of direct marketing; make any part of the Website available to a third party who does not agree to these terms of use; copy, exploit or frame any part of the Website or the content it contains; use the Website or any part of it unfairly or for any illegal or immoral purpose; or attempt to do any of the acts listed above.

4. COMMUNICATIONS

  • 4.1. The Website enables the display of User Content without review or moderation. The Website is therefore merely a conduit of User Content.
  • 4.2. The views expressed in any User Content are the views of the individual authors and not those of Betfect unless we specify otherwise. You may only submit User Content which you are entitled to do so under clause 5.
  • 4.3. We disclaim all liability in respect of any comments, views or remarks expressed in any User Content.
  • 4.4. By using the Website you acknowledge that we have no responsibility to review any User Content and that all User Content is made available on the basis that we are not required to exercise any control or judgement over it.
  • 4.5. Please be aware that your gaming/betting history may be shared to other Users on the Website.
  • 4.6. IT IS A KNOWN RISK OF INTERNET USAGE THAT PEOPLE ARE NOT NECESSARILY WHO THEY SAY THEY ARE. PEOPLE MAY PROVIDE INFORMATION OR BEHAVE IN A WAY THAT IS UNRELIABLE, MISLEADING, UNLAWFUL OR ILLEGAL. WE HAVE NO WAY OF TELLING IF STATEMENTS MADE BY OTHER USERS ARE TRUE. YOU SHOULD THEREFORE EXERCISE SOME DEGREE OF CAUTION WHEN READING USER CONTENT ANY WEBSITE. BY USING THE WEBSITE YOU ACCEPT THAT YOU USE THE WEBSITE AT YOUR OWN RISK.

5. ACCEPTABLE USE POLICY

  • 5.1. The following provisions set out the Website’s Acceptable Use Policy that you must comply whilst you use the Website:

    a. PROHIBITED USES

  • 5.2. You may use the Website only for lawful purposes. You may not use the Website:
  • 5.3. In any way that breaches any applicable local, national or international law or regulation.
  • 5.4. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • 5.5. For the purpose of harming or attempting to harm minors in any way.
  • 5.6. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below). To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • 5.7. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You also agree:
  • 5.8. Not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of our Terms and Conditions.
  • 5.9. Not to access without authority, interfere with, damage or disrupt: any part of the Website including without limitation in any way that causes or is likely to cause, distress to any person, or for the purposes of spamming or sending unsolicited emails or messages; or any equipment or network on which the Website is stored; or any software used in the provision of the Website; or any equipment or network or software owned or used by any third party. b. CONTENT STANDARDS
  • 5.10. These content standards apply to any and all material which you contribute to the Website (contributions), and to any interactive services associated with it.
  • 5.11. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

    Contributions must:

    Be accurate (where they state facts).

    Be genuinely held (where they state opinions).

    Comply with applicable law in the UK and in any country from which they are posted.

    Contributions must not:

    Contain any material which is defamatory of any person.

    Contain any material which is obscene, offensive, hateful or inflammatory.

    Promote sexually explicit material.

    Promote violence.

    Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

    Infringe any copyright, database right or trade mark of any other person.

    Be likely to deceive any person.

    Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

    Promote any illegal activity.

    Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

    Be likely to harass, upset, embarrass, alarm or annoy any other person.

    Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

    Give the impression that they emanate from us, if this is not the case.

    Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

    c. SUSPENSION AND TERMINATION

  • 5.12. We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of the Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
  • 5.13. Failure to comply with any part of this Acceptable Use Policy constitutes a material breach of the Terms and Conditions, and may result in our taking all or any of the following actions:

    Immediate, temporary or permanent withdrawal of your right to use the Website.

    Immediate, temporary or permanent removal of any posting or material uploaded by you to the Website.

    Issue of a warning to you.

    Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

    Further legal action against you.

    Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

  • 5.14. We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

    d. CHANGES TO THE ACCEPTABLE USE POLICY

  • 5.15. We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on the Website.

6. LINKS FROM OTHER SITES

  • 6.1. Where the Website contains links to other websites, apps and resources provided by third parties including gaming sites, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You are responsible for reviewing the linked website’s or app’s terms of use.

7. LIABILITY

  • 7.1. We provide and maintain the Website on an “as is” and “as available” basis and we are liable only to provide our services with reasonable skill and care.
  • 7.2. We have not verified or reviewed External Sites and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the Website links.
  • 7.3. We give no other warranty in connection with the Website and to the maximum extent permitted by law, we exclude liability for:

    any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which we have been made aware;

    the accuracy, currency or validity of information and material contained within any User Content or the Website;

    any interruptions to the Website;

    any incorrect or inaccurate information on the Website;

    the infringement by any other person of any copyright or other intellectual property rights of any third party through any User Content or use of the Website;

    the availability, quality, content or nature of External Sites;

    any transaction taking place on External Sites;

    any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by any other person accessing, using or downloading the Website or any User Content; and

    all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.

  • 7.4. We do not warrant that the operation of the Website will be uninterrupted or error free.
  • 7.5. We will not be liable in any amount for failure to perform any obligation under these terms of use if that failure is caused by the occurrence of an event beyond its reasonable control.
  • 7.6. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
  • 7.7. You agree not to use the Website in any way which is:

    unlawful;

    may give rise to civil or criminal liability for Betfect; or

    which might bring Betfect into disrepute.

8. TERMINATION

Without limiting any other rights we may have, we may immediately cancel or suspend access to the Website if we think you have breached any of these terms of use.

9. GENERAL.

  • 9.1. These terms of use are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These terms of use will not exclude or limit Betfect’s liability for death or personal injury resulting from our negligence nor any fraudulent acts or representations.
  • 9.2. These terms of use, together with the terms of membership and privacy policy, constitute the entire agreement between you and us relating to your use of the Website, to the exclusion of any other terms.
  • 9.3. Our failure to enforce any term does not constitute our waiver of that term.
  • 9.4. If any part of these terms of use is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.
  • 9.5. No representation or warranty is made as to whether the Website complies with the laws of any country other than the United Kingdom.
  • 9.6. These terms of use are subject to the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.
  • 9.7. Betfect will be entitled to assign and otherwise transfer the agreement covered by these terms of use by giving you reasonable notice, which may include notice given via the Website.
  • 9.8. All questions, comments or enquiries should be directed to us and we will try to respond to within 48 hours.

Smart4up Ltd trading as Betfect

Talbot House

204-226 Imperial Drive

Rayners Lane

Harrow

Middlesex

HA2 7HH

Betfect Message

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