|July 1st, 2016||Initial Terms and Conditions||1.0|
The following Terms and Conditions (the "Terms") provided below set out our requirements for the use of our website, operated under the URL: www.pinnacle-mex.com (the "Website") and its related or connected services (the "Service").
Please read the Terms and Conditions very carefully as they form a binding legal agreement between you (the "Customer") and us. Moreover, the natural person or business entity who provided you with the account is referred to in this document as the Agent (the “Agent”). By accessing the Service with the account provided to you by your Agent (the "Account") and by using the Service, you agree to be bound by these Terms together with any amendment which may be published from time to time.
Should you have any questions or clarification, please contact your Agent.
We reserve the right to amend the Terms (including to any documents referred and linked to below) at any time. When such amendment is not substantial, we may not provide you with prior notice. You will be notified in advance for material changes to the Terms and may require you to re-confirm acceptance to the updated terms before the changes come into effect. If you object to any such changes, you must immediately stop using the Service and the termination provisions below will apply. Continued use of the Service indicates your agreement to be bound by such changes. Any bets not settled prior to the changed Terms taking effect will be subject to the pre-existing Terms.
If at any time you are in any doubt about how to place bets or otherwise use the Service you should refer back to these Terms or contact your Agent.
You agree that at all times when using the Service:
- You are over 18 years of age (or over the age of majority as stipulated in the laws of the jurisdiction applicable to you) and can enter into a binding legal agreement with us.
- You are in a country where it is lawful to place bets on the Service (if in doubt, you should seek local legal advice). It is your responsibility to ensure that your use of the service is legal.
- You are not a resident of the following countries:
i. the United States of America and its territories;
ii. the French Republic and its territories;
iii. United Kingdom;
iv. Netherlands (including Curacao and other countries and territories that form part of the Kingdom of Netherlands);
viii. Democratic People's Republic of Korea;
xv. Czech Republic;
xvii. Australia and its territories
xix. Hong Kong
xx. and any other country which may prohibit the offering on online gambling to its residents or to any person within such country
- You will not, by participating in the Services and/or placing bets be placed in a position of actual, potential or perceived conflict of interest in any manner.
- You have never failed to pay, or attempted to fail to pay a liability on a bet.
- You must use the Service for legitimate betting purposes only and must not nor attempt to manipulate any market or element within the Service in bad faith or in a manner that adversely affects the integrity of the Service or us.
- When placing bets on the Service you must not use any information obtained in breach of any legislation in force in the country in which you were when the bet was placed.
- You must otherwise generally act in good faith in relation to us of the Service at all times and for all bets made through the Service.
You agree that at all times when using the Service:
- You must keep your password for the Service confidential. We are entitled to assume that bets have been made by you. We advise you to change your password on a regular basis and never disclose it to any third party. Passwords must contain at least one letter and one number and must be at least eight characters long. It is your responsibility to protect your password and any failure to do so shall be at your sole risk and expense. You must log out of the Service at the end of each session. You are responsible for all activity on your Account including third party access, regardless of whether or not their access was authorised by you.
- You must not at any time transmit any content or other information on the Service to another Customer or any other party by way of a screen capture (or any other method), nor display any such information or content in a frame or in any other manner that is different from how it would appear if such Customer or third party had typed the URL for the Service into the browser line.
3.1 You must not use the Service:
- if you are under the age of 18 years (or below the age of majority as stipulated in the laws of the jurisdiction applicable to you) or if you are not legally able to enter into a binding legal agreement with us;
- to collect nicknames, e-mail addresses and/or other information of other Customers by any means (for example, by sending spam, other types of unsolicited e-mails or the unauthorised framing of, or linking to, the Service);
- to disrupt or unduly affect or influence the activities of other Customers or the operation of the Service generally;
- to promote unsolicited commercial advertisements, affiliate links, and other forms of solicitation which may be removed from the Service without notice;
- in any way which, in our reasonable opinion, could be considered as an attempt to: (i) cheat the Service or another Customer using the Service; or (ii) collude with any other Customer using the Service in order to obtain a dishonest advantage;
- to scrape our odds or violate any of our Intellectual Property Rights or our third party suppliers Intellectual Property Rights; or
- for any unlawful activity whatsoever.
3.2 You cannot sell or transfer your account to third parties, nor can you acquire a player account from a third party.
3.3 You may not, in any manner, transfer funds between player accounts.
3.4 We may immediately terminate your Account upon written notice to you if you use the Service for unauthorised purposes. We may also take legal action against you for doing so in certain circumstances.
- All Account balances and transactions appear in the currency selected when the Account was originally opened.
- We may close or suspend an Account and refund any monies held to the Agent if you are not or we reasonably believe that you are not complying with these Terms, or to ensure the integrity or fairness of the Service or if we have other reasonable grounds to do so. We may not always be able to give you prior notice.
- We reserve the right to suspend an Account without prior notice and return all funds to the Agent. Contractual obligations already matured will however be honoured.
- We reserve the right to refuse, restrict, cancel or limit any wager at any time for whatever reason, including any bet perceived to be placed in a fraudulent manner in order to circumvent our betting limits and/ or our system regulations.
- If we close or suspend your Account due to you not complying with these Terms, we may cancel and/or void any of your bets.
- If any amount is mistakenly credited to your Account it remains our property and when we become aware of any such mistake, we shall notify you and the amount will be withdrawn from your Account.
- You must inform us as soon as you become aware of any errors with respect to your Account.
- Should you wish to close your account with us, please contact your Agent.
- The funding of your account, or application of credit to your account, will be done via an agreement between you and the Agent. The Website holds no liability and will not engage in communication regarding any dispute over any circumstance for any transaction or agreement between you and the Agent.
- We are not a financial institution and you will not be entitled to any interest on any outstanding account balances and any interest accrued on the client accounts will be paid to us.
- Funds originating from ill-gotten means must not be deposited with your Agent to access the Service.
- Withdrawals from your account will be done between you and the Agent. The Website holds no liability and will not engage in communication regarding any dispute over any circumstance for any transaction or agreement between you and the Agent.
- Should you wish to withdraw funds but your account is either inaccessible, dormant, locked or closed, please contact your Agent.
- In the event of an error or malfunction of our system or processes, all bets are rendered void. You are under an obligation to inform us immediately as soon as you become aware of any error with the Service. In the event of communication, system errors, bugs or viruses occurring in connection with the Service and/or payments made to you as a result of a defect or effort in the Service, we will not be liable to you or to any third party for any direct or indirect costs, expenses, losses or claims arising or resulting from such errors, and we reserve the right to void all games/bets in question and take any other action to correct such errors.
- In the event of a casino system malfunction or disconnection issues, all bets are rendered void. In the event of such error or any system failure or game error that results in an error in any odds calculation, charges, fees, rakes, bonuses, payouts or any currency conversion as applicable, or other casino system malfunction (the "Casino Error"), we reserve the right to declare null and void any wagers or bets that were the subject of such Casino Error and to take any money from your Account relating to the relevant bets or wagers.
- We make every effort to ensure that we do not make errors in posting lines. However, if as a result of human error or system problems a bet is accepted at an odd that is: materially different from those available in the general market at the time the bet was made; or clearly incorrect given the chance of the event occurring at the time the bet was made then we reserve the right to cancel or void that wager or cancel or void a wager made after an event has started.
- We have the right to recover from you any amount overpaid and to adjust your Account to rectify any mistake. An example of such a mistake might be where a price is incorrect or where we enter a result of an event incorrectly. If there are insufficient funds in your Account, we may demand that you pay us the relevant outstanding amount relating to any erroneous bets or wagers. Accordingly, we reserve the right to cancel, reduce or delete any pending plays, whether placed with funds resulting from the error or not.
- If a sport-specific rule contradicts a general rule, then the general rule will not apply.
- The winner of an event will be determined on the date of the event's settlement; we do not recognise protested or overturned decisions for wagering purposes. The result of an event suspended after the start of competition will be decided according to the wagering rules specified for that sport by us.
- All results posted shall be final after 72 hours and no queries will be entertained after that period of time. Within 72 hours after results are posted, the company will only reset/correct results due to human error, system error or mistakes made by the referring results source.
- Minimum and maximum wager amounts on all sporting events will be determined by us and are subject to change without prior written notice. We also reserve the right to adjust limits on individual Accounts as well.
- Customers are solely responsible for their own Account transactions. Please be sure to review your wagers for any mistakes before sending them in. Once a transaction is complete, it cannot be changed. We do not take responsibility for missing or duplicate wagers made by the Customer and will not entertain discrepancy requests because a play is missing or duplicated. Customers may review their transactions in the My Bets section of the site after each session to ensure all requested wagers were accepted.
- For a wager to have action on any named contestant in a Yes/No Proposition, the contestant must enter and compete in the event.
- On the desktop and mobile versions of the site, the home team is always listed first. However, we do not guarantee the accuracy of this information and unless there is an official venue change subsequent to bets being placed, all wagers have action.
- A game/match will have action regardless of the League heading that is associated with the matchup. For example, two teams from the same League are playing in a Cup competition. If the matchup is mistakenly placed in the League offering, the game/match will still have action, as long as the matchup is correct. In other words, a matchup will have action as long as the two teams are correct regardless of the League header in which it is placed on our Website.
- If an event is not played on the same date as announced by the governing body, then all wagers on the event have no action. If an event is posted by us, with an incorrect date, all wagers have action based on the date announced by the governing body.
- We reserve the right to remove events, markets and any other product from the website.
- We reserve the right to restrict the casino access of any player without prior notice.
- In all futures wagering (for example, total season wins, Super Bowl winner, etc.), the winner as determined by the Governing Body will also be declared the winner for betting purposes except when the minimum number of games required for the future to have "action" has not been completed.
- In the event of there being a discrepancy between the English language version of team names or wager descriptions and any other language version, the English language version will be deemed to be correct. The grading of wagers and disputes will be settled based on the English version of team names and wager descriptions.
- All communications and notices to be given under these Terms by us to you shall unless otherwise specified in these Terms be either posted on the Website or communicated to the Agent. The method of such communication shall be in our sole and exclusive discretion.
We cannot be held liable for any failure or delay in providing the Service due to an event of force majeure which could reasonably be considered to be outside our control despite our execution of reasonable preventative measures, such as: an act of God, trade or labour dispute, power cut, act, failure or omission of any government or authority, obstruction or failure of telecommunication services or any other delay or failure caused by a third party, and we will not be liable for any resulting loss or damage that you may suffer. In such an event, we reserve the right to cancel or suspend the Service without incurring any liability.
- TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT COMPENSATE YOU FOR ANY REASONABLY FORESEEABLE LOSS OR DAMAGE (EITHER DIRECT OR INDIRECT) YOU MAY SUFFER IF WE FAIL TO CARRY OUT OUR OBLIGATIONS UNDER THESE TERMS. ANY LIABILITY CLAIM SHALL BE DIRECTED TO YOUR AGENT.
- WE STRONGLY RECOMMEND THAT YOU (I) TAKE CARE TO VERIFY THE SUITABILITY AND COMPATIBILITY OF THE SERVICE WITH YOUR OWN COMPUTER EQUIPMENT PRIOR TO USE, AND (II) TAKE REASONABLE PRECAUTIONS TO PROTECT YOURSELF AGAINST HARMFUL PROGRAMS OR DEVICES INCLUDING THROUGH INSTALLATION OF ANTI-VIRUS SOFTWARE.
We will seek criminal and contractual sanctions against any Customer involved in fraud, dishonesty or criminal acts. We will withhold payment to any Customer where any of these are suspected. The Customer shall indemnify and shall be liable to pay to us on demand all costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, loss of profit, loss of business and loss of reputation) arising directly or indirectly from the Customer’s fraud, dishonesty or criminal act.
- As between us and you, we are the sole owners of the rights in and to the Service, our technology, software and business systems (the "Systems") as well as our odds.
i. you must not use your personal profile for your own commercial gain (such as selling your status update to an advertiser); and
ii. when selecting a nickname for your Account we reserve the right to remove or reclaim it if we believe it appropriate.
- You may not use our URL, trademarks, trade names and/or trade dress, logos (the "Marks") and/or our odds in connection with any product or service that is not ours or from our third party suppliers, that in any manner is likely to cause confusion among Customers or in the public or that in any manner disparages us.
- Except as expressly provided in these Terms, we and our licensors do not grant you any express or implied rights, licence, title or interest in or to the Systems or the Marks and all such rights, licence, title and interest specifically retained by us and our licensors. You agree not to use any automatic or manual device to monitor or copy web pages or content within the Service. Any unauthorised use or reproduction may result in legal action being taken against you.
- Subject to these Terms and your compliance with them, we grant to you a non-exclusive, limited, non-transferable and non-sub-licensable licence to access and use the Service for your personal non-commercial purposes only.
- In respect of your own content, you may not under any circumstances modify, publish, transmit, transfer, sell, reproduce, upload, post, distribute, perform, display, create derivative works from, or in any other manner exploit the Service and/or any of the content thereon or the software contained therein, except as we expressly permit in these Terms or otherwise on the Website. No information or content on the Service or made available to you in connection with the Service may be modified or altered, merged with other data or published in any form including for example screen or database scraping and any other activity intended to collect, store, reorganise or manipulate such information or content.
- Any non-compliance by you with this Clause may also be a violation of our or third parties' intellectual property and other proprietary rights which may subject you to civil liability and/or criminal prosecution.
- We would like you to enjoy the Service. However, for your protection and that of all Customers, the posting of any content on the Service (as well as conduct in connection therewith and/or the Service) which is in any way unlawful, inappropriate or undesirable is strictly prohibited. If you engage in Prohibited Behaviour, or we determine in our sole discretion that you are engaging in Prohibited Behaviour, your Account and/or your access to or use of the Service may be terminated immediately by your Agent without notice to you.
- Legal action may be taken against you by the Agent, other third party, enforcement authorities and/or us with respect to you having engaged in Prohibited Behaviour.
- Prohibited Behaviour includes, but is not limited to, accessing or using the Service to:
i. promote or share information that you know is false, misleading or unlawful;
ii. conduct any unlawful or illegal activity, such as, but not limited to, any activity that furthers or promotes any criminal activity or enterprise, provides instructional information about making or buying weapons, Money Laundering or other rights or that creates or spreads computer viruses;
iii. harm minors in any way;
iv. transmit or make available any content that is unlawful, harmful, threatening, abusive, tortuous, defamatory, vulgar, obscene, lewd, violent, hateful, or racially or ethnically or otherwise objectionable;
v. transmit or make available any content that the user does not have a right to make available under any law or contractual or fiduciary relationship, including without limitation, any content that infringes a third party’s copyright, trademark or other intellectual property and proprietary rights;
vi. transmit or make available any content or material that contains any software virus or other computer or programming code (including HTML) designed to interrupt, destroy or alter the functionality of the Service, its presentation or any other website, computer software or hardware;
vii. interfere with, disrupt or reverse engineer the Service in any manner, including, without limitation, intercepting, emulating or redirecting the communication protocols used by us, creating or using cheats, mods or hacks or any other software designed to modify the Service, or using any software that intercepts or collects information from or through the Service;
viii. retrieve or index any information from the Service using any robot, spider or other automated mechanism;
ix. participate in any activity or action that, in the sole and entire unfettered discretion of us results or may result in another Customer being defrauded or scammed;
x. transmit or make available any unsolicited or unauthorised advertising or mass mailing such as, but not limited to, junk mail, instant messaging, "spim", "spam", chain letters, pyramid schemes or other forms of solicitations;
xi. create Accounts by automated means or under false or fraudulent pretences;
xii. impersonate another Customer or any other third party, or
xiii. any other act or thing executed that we reasonably consider to be contrary to our business principles.
The above list of Prohibited Behaviour is not exhaustive and may be modified by us at any time or from time to time. If you become aware of the misuse of the Service by another Customer or any other person, please contact your Agent. We reserve the right to investigate and to take all such actions as we in our sole discretion deems appropriate or necessary under the circumstances, including without limitation, deleting the Customer’s posting(s) from the Service and/or terminating their Account, and take any action against any Customer or third party who directly or indirectly in, or knowingly permits any third party to directly or indirectly engage in, Prohibited Behaviour, with or without notice to such Customer or third party.
- If you have any concerns or questions regarding these Terms you should contact your Agent.
- NOTWITHSTANDING THE FOREGOING, WE TAKE NO LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY WHEN RESPONDING TO ANY COMPLAINT THAT WE RECEIVED OR TOOK ACTION IN CONNECTION THEREWITH.
- Disputes must be lodged within three (3) days from the date the wager in question has been decided. No claims will be honoured after this period. The Customer is solely responsible for their Account transactions.
- In the event of a dispute arising between you and us our Customer Service Department will attempt to reach an agreed solution. Should our Customer Service Department be unable to reach an agreed solution with you, the matter will be escalated to our management in accordance with our Complaints Procedure (available upon request).
- The Customers of the Service must commit to the following rules when registering & maintaining your Account:
i. you must not use your personal profile for your own commercial gain (such as selling your status update to an advertiser); and
ii. when selecting a nickname for your Account we reserve the right to remove or reclaim it if we believe appropriate.
Neither these Terms nor any of the rights or obligations hereunder may be assigned by you without prior written consent from us, which consent will not be unreasonably withheld. We may, without your consent, assign all or any portion of our rights and obligations hereunder to any third party if such third party is able to provide a service of substantially similar quality to the Service by posting written notice to this effect on the Service.
In the event that any provision of these Terms is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these Terms shall not be affected.
Without limiting our other remedies, we may suspend or terminate your Account and refuse to continue to provide you with the Service, in either case without giving you prior notice, if, in our reasonable opinion you breach any material term of these Terms. Notice of any such action taken will, however, be promptly provided to you.
Any dispute related to the provision of the Service or the scope of this agreement shall be resolved with your Agent.
- Term of agreement. These Terms shall remain in full force and effect while you access or use the Service. These Terms will survive the termination of your Account for any reason.
- Gender. Words importing the singular number shall include the plural and vice versa, words importing the masculine gender shall include the feminine and neuter genders and vice versa and words importing persons shall include individuals, partnerships, associations, trusts, unincorporated organisations and corporations.
- Waiver. No waiver by us, whether by conduct or otherwise, of a breach or threatened breach by you of any term or condition of these Terms shall be effective against, or binding upon, us unless made in writing and duly signed by us, and, unless otherwise provided in the written waiver, shall be limited to the specific breach waived. The failure of us to enforce at any time any term or condition of these Terms shall not be construed to be a waiver of such provision or of the right of us to enforce such provision at any other time.
- Headings. The division of these Terms into paragraphs and sub-paragraphs and the insertion of headings are for convenience of reference only, and shall not affect or be utilised in the construction or interpretation of these Terms agreement. The terms "these Terms", "hereof", "hereunder" and similar expressions refer to these Terms and not to any particular paragraph or sub-paragraph or other portion hereof and include any agreement supplemental hereto. Unless the subject matter or context is inconsistent therewith, references herein to paragraphs and sub-paragraphs are to paragraphs and sub-paragraphs of these Terms.
- Acknowledgement. By hereafter accessing or using the Service, you acknowledge having read, understood and agreed to each and every paragraph of these Terms. As a result, you hereby irrevocably waive any future argument, claim, demand or proceeding to the contrary of anything contained in these Terms.
- Language. In the event of there being a discrepancy between the English language version of these rules and any other language version, the English language version will be deemed to be correct.
- Entire agreement. These Terms constitute the entire agreement between you and us with respect to your access to and use of the Service and supersede all other prior agreements and communications, whether oral or written with respect to the subject matter hereof.
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