Terms and Conditions
THESE TERMS AND CONDITIONS (AS THE TERM “TERMS AND CONDITIONS IS DEFINED BELOW”) GOVERN YOUR USE OF THE WEBSITE, THE SOFTWARE AND THE SERVICES (AS THE TERMS “WEBSITE”; “SOFTWARE” AND “SERVICES” ARE DEFINED BELOW).
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS PLEASE DO NOT CONTINUE USING THE WEBSITE. YOUR CONTINUED USE OF THE WEBSITE IS ACCEPTANCE BY YOU OF THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS FORM A LEGAL AGREEMENT BETWEEN YOU AND US. YOU SHOULD PRINT OFF A COPY OF THESE TERMS AND CONDITIONS AND KEEP THEM IN A SAFE PLACE.
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AS SET OUT BELOW. THE TERMS “YOU”, “YOUR”, “US”, “OUR” AND “WE” ARE DEFINED BELOW. OTHER WORDS AND PHRASES USED IN THESE TERMS AND CONDITIONS ARE DEFINED BELOW AND IN THESE TERMS AND CONDITIONS.
THESE TERMS TOGETHER WITH OUR PRIVACY POLICY AND THE RULES (COLLECTIVELY THE “TERMS AND CONDITIONS”) CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE WEBSITE, THE SOFTWARE AND THE SERVICES AND SUPERSEDE ANY OTHER AGREEMENT (WHETHER ORAL OR WRITTEN) BETWEEN YOU AND US REGARDING YOUR USE OF THE WEBSITE, THE SOFTWARE AND THE SERVICES. THE RULES ARE SUBJECT AT ALL TIMES TO THESE TERMS AND IN THE EVENT OF CONFLICT THESE TERMS TAKE PRIORITY OVER THE RULES.
Certain words and phrases are defined in these Terms and Conditions. In addition, in these Terms and Conditions, the following words and phrases have the following meanings:-
1. Definitions
“Bet” means any bet, stake, wager or similar made by you and/or any other Player in relation to the Services.
“Device" mean any application access devices, including but not limited to personal computers, laptops, mobile phones, personal digital assistants, PDA phones, hand-held devices employed for the use of and access to the Website and participation in the Services;
“Gambling” means any type of betting, gaming, lottery and/or financial betting.
“Gambling Software” means any software, licensed program, data file or other content installed on connection equipment, which enable you to visit, connect and join in the Services.
“Information” has the meaning set out in Clause 5.1 below.
“Legitimate Winnings” means winnings legitimately and legally won by you in using the Services and that have been won by you fairly and in accordance with these Terms and Conditions and that are not subject to any reasonable objection by us, less the following:- (a) any rake or commission due to us; (b) other entry or other fees due to us for your use of the Services; and (c) any charge backs made by your bank or other financial provider used by you in relation to the Services. For the avoidance of doubt, in the event that you have breached any of these Terms and Conditions, any winnings won by you shall not be Legitimate Winnings and therefore, we shall have no obligation whether under contract or otherwise to pay such to you.
“Licence” has the meaning set out in Clause 11.3.
“Membership Application” has the meaning set out in Clause 7.1 below.
“Our Data” has the meaning set out in Clause 10.2.
“Player” means all users of the Website, including you, who use the Services and who have agreed to these Terms and Conditions.
“Rules” means the rules for the different Gambling products and services provided by us on the Website, as are set out on the Website and as may be amended by us from time to time.
“RNG” has the meaning set out in Clause 9.24.
“Services” mean the provision by us of Gambling and Gambling products and services via the Website.
“Software” means any and all software on the Website and/or comprising the Website, including the Gambling Software.
“us”; “our”; “we” means Xela Limited, a company incorporated in the Isle of Man (registered number 125221C) and having a registered office address at Clinch’s House, Lord Street, Douglas, Isle of Man, IM99 1RZ.
“Website” means www.138sungame.com together with such other website that we may use to provide the Services.
“you; your” means you, the person using the Website.
“Your Account” has the meaning set out in Clause 7.11.
1.2 In these Terms and Conditions, references to the singular shall include references to the plural and vice versa and references to the masculine shall include references to the feminine and vice versa. Headings are for convenience only and shall not affect interpretation. Reference to statutes shall include such statute as amended or re-enacted, together with all secondary legislation made under the relevant statute.
2. Who We Are
2.1 We are a limited liability company incorporated in the Isle of Man with registered number 125221C and having a registered office address at Clinch’s House, Lord Street, Douglas, Isle of Man, IM99 1RZ. We are regulated by the Isle of Man Gambling Supervision Commission and operate and provide the Services under a licence issued on the 6th February 2012. The Isle of Man Gambling Supervision Commission can be contacted by email at gaming@gov.im.
2.2 The Website and the provision of the Services fall under the jurisdiction of the Isle of Man and all Bets placed with us are placed on servers which are located in the Isle of Man.
2.3 In the event that these Terms and Conditions are translated into another language, the English language version shall prevail.
2.4 If there is any inconsistency between these Terms and Conditions and any document incorporated by reference, these Terms and Conditions will prevail.
2.5 If you have any questions about the Website or the Services, or in the event that you have any complaint or dispute regarding the Services, you should email our customer services team at help@138sungame.com.
3. Registration
3.1 During your registration requesting participation in the Services, by ticking the boxes "I confirm that I am at least 18 years old " and "I have read, printed and accepted the Xela Terms and Conditions", you acknowledge and agree that:
(a) you have read, fully understood and accepted these Terms and Conditions; and;
(b) these Terms and Conditions constitute a legally binding agreement between you and us regarding the use of the Services.
3.2 If you do not agree to any of these Terms and Conditions, please do not tick the box "I accept the Xela Terms and Conditions", but rather, immediately discontinue your use of the Website.
3.3 You cannot use the Services without agreeing to these Terms and Conditions.
4. Modification
4.1 We reserve an absolute right to amend, update and modify these Terms and Conditions and the Rules (or any part thereof) from time to time and any amendment, update or modification will be published on the Website and you should consult the Website periodically to check for any such changes. The amended, updated or modified Terms and Conditions and Rules will take effect as soon as we publish them on the Website. Your continued use of the Website and the Services is your acceptance of the modified or updated Terms and Conditions and Rules as published.
4.2 Any Bet received by us but not settled prior to the time of notification of any amendment of these Terms and Conditions will be subject to the Terms and Conditions in place at the time that the Bet was acknowledged by us.
4.3 You acknowledge and agree that it is your responsibility to check for any amendments, updates and/or modifications to these Terms and Conditions.
5. Information and Intellectual Property
5.1 The information, material and data, including without limitation, marketing programmes and materials, results, statistics, sporting data and fixture lists, odds and betting figures, text, graphics, video and audio content, including Our Data (as the term “Our Data” is defined in Clause 10.2 below) which are available to you on the Website (“Information”) belong to us and/or our licensors. The Information and the Software are for your personal and non-commercial use only.
5.2 Other than as permitted by law, you shall not adapt, copy, modify, reverse engineer, reproduce, store, distribute, display, publicly perform, or include in any cable programme, publish, transmit, sell, rent, lease, grant licences or otherwise make the Information available to any other person, or with another website, online service or bulletin board, or any other media and/or Device.
5.3 The Software, the Services and the Information provided on the Website and/or through Devices are protected by copyright, trade marks and other forms of intellectual and proprietary rights. All right, title and interest in and to the Software, Services and Information on the Website are owned, licensed and/or controlled by us our licensors. You acknowledge that you do not acquire any right, title or interest, or any licences to the Software, the Services and the Information through your use of the Website other than expressly set out in these Terms and Conditions.
5.4 The name Xela and our other trade marks on the Website belong exclusively to us and/or our licensors and you do not have any right to use such. You shall not use, register, attempt to register or assist any third party in using, registering or attempt to register any name, mark or device which is similar to the name Xela or any other of our trade marks.
6. Conditions of Use
6.1 As a condition of use of the Services, you warrant and undertake that you shall not use or access the Website, Services, Software and/or the Information for any purpose that is illegal under any law applicable to you or prohibited by and/or in breach of these Terms and Conditions.
6.2 In addition to all other representations and warranties set out in these Terms and Conditions, you warrant and undertake as a condition of your use of the Services:-
(a) you are acting on your own behalf and in your own personal capacity, not on behalf of another person;
(b) you are not restricted by limited legal capacity;
(c) you are not diagnosed or classified as a compulsive gambler;
(d) you are the older of (i) 18 years of age; or, (ii) the legal age determined by any laws applicable to you regarding the undertaking of Gambling by you;
(e) you are fully aware of the risk of losing money in the process of Gambling and using the Services and the Website;
(f) your deposit of money in to Your Account (as the term “Your Account” is defined in Clause 7 below) does not originate from criminal or other illegal or unauthorised activities;
(g) you are not conducting criminal or other illegal, unauthorised activities and/or intending to use Your Account in connection with such activities and that you shall not use or allow other persons to use the Services and Your Account for any criminal or otherwise unlawful activities including, without limitation, money laundering, under any law applicable to you or us;
(h) you will keep your username, account number and password confidential and prevent unauthorised access or use;
(i) you will immediately change your password and notify us immediately if your username, account number or password is compromised in any way;
(j) you are responsible for all activities via the Website and/or Device under your username, account and password, regardless of acknowledgement or authorisation;
(k) you will not use the Services, Website, Devices, Software or the Information in any way which interferes or may interfere with other Players;
(l) you will not undertake any activity or assist any third party to undertake any activity that degrades or may degrade the operational performance of the Services and/or the Website;
(m) you will not solicit or seek to obtain other Player’s information by any means;
(n) you will not upload or distribute any programs, files or data containing viruses, which are corrupted or may affect the programs of the Devices, Software, Services and/or the Websites;
(o) your access to the Services and Information via the Websites is not prohibited (i) by laws that are applicable to you or contractual obligations which apply to you personally; or, (ii) by laws that are applicable to persons in the country from which you are currently accessing the Website or using the Device;
(p) you will not use the Website if you are based in the jurisdictions of Antarctica, Belgium, Cayman Islands, China, Cyprus, Democratic People’s Republic of Korea, Denmark, France, Guadeloupe, Hong Kong, India, Italy, Iran, Iraq, Israel, Japan, Martinique, Norway, Philippines, Poland, Republic of Korea, Russia, Saudi Arabia, Singapore, Switzerland, Taiwan, The Netherlands, Turkey, Vatican City or the United States of America and all its territories and possessions, being the U.S. Virgin Islands, U.S. Minor Outlying Islands, Guam, Puerto Rico, Mexico, Commonwealth of Northern Marianas Islands and American Samoa. We will undertake checks and have third parties undertake checks on our behalf to identify Players from these jurisdictions accessing the Website;
(q) you will not collude with third parties, use any device, robot, spider, algorithm, software, routine or other method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the functioning of the Services, Devices, the Software, the Website, Information or any transactions offered through the Website;
(r) you will not spread any information with content that is unlawful, harassing, abusive, threatening, libellous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law;
(s) you are not an officer, director, employee, consultant, affiliate or agent of us or any company which has a relationship with us, or a relative of any of the foregoing;
(t) you will not impede the proper usage of the Services, the Website, the Software, Devices and/or the Information or initiate and/or engage in surveys, contests, chain letters, send/forward "junk mail" or bulk mails;
(u) you will use the Services solely for personal entertainment and not use the Services as a way of conducting a commercial business or as a way of making a living.
6.2 We may suspend or cancel Your Account immediately without notice at our absolute discretion if you breach any of the obligations of these Terms and Conditions.
7. Opening Your Account
7.1 In order to use the Services, you must complete the application for account and membership according to the guidance on the Website (the "Membership Application").
7.2 You warrant that all information supplied when registering and completing the Membership Application is accurate, true and complete, including your name on the Membership Application, sources of funds (including the relevant payment details, bank accounts and card numbers) and address. Checks for fictitious registration details will be undertaken at the point of registration and when withdrawals are made and these checks will be undertaken using in house methods and third party specialist fraud prevention agencies.
7.3 We will take reasonable and appropriate measures to ensure that your personal information as disclosed to us shall remain confidential. We will not disclose your personal data or Betting information unless required to do so by any applicable laws and regulations, court order, the relevant gaming and law enforcement authorities or these Terms and Conditions. It is also your responsibility to keep your personal information confidential.
7.4 We reserve the right to disclose and transfer your personal data to our payment settlement service providers and financial institutions for the completion of payment services. It is also possible that we are compelled to do so by applicable laws and regulations of the relevant gaming or law enforcement authorities.
7.5 We will process your personal data in accordance with our Privacy Policy. http://www.138sungame.com/en-gb/home/privacy
7.6 It is your responsibility to ensure that the laws applicable to you do not prohibit you from using and accessing the Website and the Information, downloading and installing the Software and participating in the Services.
7.7 We may from time to time require further evidence of identification and age from you to verify your Membership Application (e.g. valid identification card with picture and confirmation of address in the form of a utility bill). If there is any change on your personal information as originally supplied by you, you must notify us of the relevant change immediately.
7.8 We reserve the right to confirm your name and address by post or otherwise. We may, at our discretion, undertake additional security checks for any information that you provide. By agreeing to these Terms and Conditions, you allow us to access, use, process and store the results of any identification verification or checks.
7.9 We reserve the right to reject your Membership Application without giving any reason.
7.10 You are not allowed to use the Services until we accept your Membership Application.
7.11 You will be required to set up an account with us in your name (“Your Account”) to use and access the Services.
7.12 You and the people living at the same address as you are allowed to open only one account with us. If we discover that you and the people living at the same address as you have more than one account with us, we reserve the right, at our discretion, to join all such accounts as a single account, cancel the additional accounts or terminate Your Account. Checks for duplicate registration details will be undertaken at the point of registration using in house database checking methods and third party specialist fraud prevention agencies.
7.13 The currency of Your Account will be pounds sterling. The minimum deposit accepted on Your Account will be ten (10) pounds sterling.
7.14 Any sums held in Your Account are held by us for you in a player funds account. However, we are not a bank and no interest shall be paid on any sums in Your Account.
8. Betting on Financial Markets
8.1 We offer Players the opportunity to place Bets on financial markets. We do not offer spread betting.
8.2 Nothing on the Website constitutes financial advice, investment advice or betting advice. We accept no liability for any cost, damage, loss, or actions that may arise due to your use of the Website.
8.3 The Services do not constitute financial or investment services. We accept no liability for any cost, damage, loss, or actions that may arise due to your use of the Website.
8.4 We are not authorised by any financial regulatory authority in any jurisdiction but rather we are licensed to provide financial betting services by the Isle of Man Gambling Supervision Commission. We are not, and are not required to be licensed by the Isle of Man Financial Supervision Commission.
8.5 We do not provide a market for shares, investments, securities or other type of financial product. We provide a service where Players can Bet on financial markets and do not provide any investment or financial services or financial advice.
8.6 Money collected by us from Players is not invested in shares, investments, securities or other type of financial product.
8.7 The financial betting services provided via the Website are only suitable for people who understand the risks involved in financial betting and are able to bear the loss of the money they use to place a Bet.
8.8 Persons with insider knowledge of any financial markets or instruments are prohibited from using the Website.
8.9 Any non-authorized automatic or semi-automatic trading mechanisms that do not involve human execution and which are used to take positions on the Website, will be considered a back door API or system abuse and will result in an account suspension and/or position cancellation.
9. Bets and Bet Acceptance Procedure
9.1 We accept Bets for casino games, sport gambling, financial betting and other events on the Website. All Bets must comply with the Rules relevant to each form of Gambling offered by us on the Website and to these Terms and Conditions.
9.2 If an error occurs in relation to the Website or in relation to any Bets or any events or circumstance on which Bets have been made, all relevant Bets shall be void. In the event of any system error in relation to the Website, we reserve the right to void any Bets.
9.3 We reserve the right at our discretion to decline all, or part, of any Bet placed on the Website for any reason.
9.4 We only accept Bets via internet and/or Devices in compliance with these Terms and Conditions. Bets are not accepted in any other form (whether by post, email, fax or otherwise) and the result of any Bet not submitted in accordance with these Terms and Conditions will be voidable at our discretion.
9.5 We have the right to postpone or reject any Bet which we may suspect as having the capacity to damage the Website or our operating system.
9.6 Any Bets that breach these Terms and Conditions will be cancelled by way of notification to the e-mail address provided upon registration.
9.7 Artificial intelligence or software (commonly called “bots”) are not allowed to be used. Any Bet using the foregoing or attempting to use the foregoing will be cancelled and the respective account will be closed.
9.8 Bets will only be valid if your username and password are correct and there is enough balance in Your Account to make the Bet in full.
9.9 You are responsible for all use, activities and transactions on Your Account in respect of the following (whether the usage, activity or transaction is authorised by you or not):
(a) your name; and/or,
(b) your account number; and/or,
(c) your username and password.
9.10 It is your responsibility to ensure that the details of Bets placed by you are correct. Once your Bet has been placed you can no longer cancel, revoke or change your Bet.
9.11 All Bets are logged and recorded in our transaction log database. Our transaction log database shall be conclusive evidence for all transaction information in relation to the Services and any Bet placed by you and/or any Player.
9.12 Bets will be deemed valid and accepted by us when a transaction identification is displayed in Your Account and your transaction history is updated.
9.13 No Bets can be placed after the commencement of the event that the Bet relates to or where the outcome of an event that the Bet relates to is known at the time of placement of the relevant Bet. If any event or betting session is erroneously left open for Betting after the commencement of the relevant event and/or where the outcome of the relevant event is known, we reserve the right to decline or void such Bets placed without reference to you.
9.14 Acceptance of any Bet or any part thereof shall be at our sole discretion. For the avoidance of doubt, this Clause 9.14 does not prohibit "in play" or "half time" Bets where such are offered by us.
9.15 Advertised start times of the events on which you can place Bets displayed on the Website are for information purposes only. If for any reason a Bet is inadvertently accepted by us after the game, race, event or match on which you are placing your Bet has commenced, we reserve the right to cancel and void such bet.
9.16 Unless stated otherwise within the Rules for a sport or event, the result of a game, race, event or match will be determined on the day of its conclusion. Any subsequent enquiry that may result in an overturned decision in relation to the relevant game, race, event or match will not be recognised by us, and our original settlement of Bets will stand.
9.17 If the venue for a sporting event is changed, all Bets placed based on the original venue will be void.
9.18 We do not recognise suspended games, races, events or matches or protests or overturned decisions in relation to the same.
9.19 Should you include a non-runner or void selection in a multiple Bet, the Bet will be settled on the remaining valid selections (if any) only.
9.20 You acknowledge that any and all odds, lines and handicaps are subject to fluctuation without notice, and the foregoing will become fixed only at the time of acceptance of the relevant Bet by us.
9.21 When system failure of any type results in an incorrect odd, line or handicap, all Bets in relation to the same will be void. Provided the error, mistake or failure is rectified in time, we may in our absolute discretion (but shall not be obliged to) make reasonable efforts to contact you to allow the choice of placing another Bet at the correct odds, lines and handicaps.
9.22 We will not accept any simultaneously placed Bets on one game, race, event or match from you.
9.23 In respect of any Bet and the associated transactions therewith, our decision is final and conclusive.
9.24 You acknowledge that the random number generator ("RNG") or live dealing provided on the Website will determine the shuffling and dealing of cards, spinning of the ball and wheel, shaking of the dice, the outcome of the games, outcome of the lottery and other randomly generated events that are part of the Services and you agree to accept such shuffling and dealing of cards, spinning of the ball and wheel, shaking of the dice and the outcomes of the game, lottery and other randomly generated events performed by the RNG or live dealer as final and conclusive.
9.25 Online gambling debts are enforceable in law in the Isle of Man
10. Financial Betting Data
10.1 We provide as part of the Services a service where you are able to Bet on financial market movements in accordance with the Rules.
10.2 To allow us to provide the Services, we obtain financial market data from third parties (“Our Data”).
10.3 Our Data is the only data which we will use in determining whether a Bet on financial markets has been won or lost. You agree that if Our Data varies from data that you obtain from your own sources, decisions regarding winning Bets are based solely on Our Data and our decision is final and binding.
10.4 If you disagree with the outcome of a Bet made by you, you must inform us as soon as possible and in any event within twenty four (24) hours.
10.5 Our Data is for the purposes of the Services only and must not be used by you for trading, investment activity or any other activity.
10.6 We obtain Our Data from various third party sources. We undertake reasonable due diligence in choosing the third parties that we contract with to obtain Our Data but given that Our Data is obtained from third parties, we give no warranty regarding Our Data.
10.7 We exclude all liability for Our Data to the fullest extent permitted by law.
10.8 All Bets are calculated by us and offered at the prices advertised on the Website.
10.9 In the event that there is a delay in the feed of Our Data to the Website and/or error in Our Data, we will not be liable to you as a result of any such delay and/or error and we reserve the right to void all Bets affected by such delay and/or error and take any action we deem appropriate to correct such delay and/or error.
11.Software Licence
11.1 You hereby acknowledge and agree that the Software that is made accessible to you (by download or otherwise) for your remote use on the Website through your Device is part of the Services and is our property and the property of our licensors, and that you do not gain any rights to such Software whatsoever other than as expressly set out in the Licence in Clause 11.3.
11.2 You may not in any way or by any means adapt, copy, modify, reproduce, store, distribute, display, publicly perform, broadcast, include in a cable programme, publish, transmit, sell, rent, lease or licence or otherwise communicate or make available the Software to any other person, or on another website, online service or bulletin board, or on any other media and/or device, other than as permitted by law.
11.3 We hereby grant to you a personal, non-exclusive, non-transferable and revocable licence to install and use the Software on your Device for the purposes of using the Services and for no other purpose whatsoever (the "Licence") PROVIDED THAT such installation and use is made through a Device of which you are the primary user.
11.4 The Licence is solely for the purpose of enabling you to use the Services. You are not allowed to:-
(a) install or upload the Software onto a server or other networked device or take other steps to make the Software available via any form or on any bulletin board, online service or remote dial-in, or network to any other person;
(b) distribute, rent, lease, sub-licence, copy, transfer, assign or otherwise make available the Software and/or the Licence to use the Software to any other person;
(c) allow another person to use the Software;
(d) create or provide any means (including, without limitation, via emulators) through which the Software may be used by others;
(e) translate, reverse engineer, decompile, disassemble, modify, discover, create derivative works based on the whole or part of the Software and/or the source code of the Software, other than as permitted by law; or,
(f) copy, modify, translate or create any derivative works based on the whole or any part of the user documentation concerning the Software.
11.5 You acknowledge and agree that the Software and the Software user documentation provided on the Website and/or through Devices or otherwise, are owned exclusively by us and/or our licensors and are protected by copyrights, trade mark rights and other forms of intellectual and proprietary rights. You hereby acknowledge that the structure, organisation and source code of the Software are the valuable trade secrets of us and our licensors. You acknowledge that save for the rights granted to you in accordance with the Licence, you do not acquire any rights or interests whatsoever in the Software and/or the Software user documentation.
11.6 Upon the termination of these Terms and Conditions with you and/or closure of Your Account for any reason, the Licence issued to you under these Terms and Conditions shall terminate automatically and you must stop using the Software and uninstall it from your Device.
12. Settlement of Transactions in and out of Your Account
12.1 When using a credit or debit card, the cardholder's name must be the same as the name provided in the Membership Application. We reserve the right to reject a transaction in case of discrepancies between the cardholder's name and the name provided in the relevant Membership Application.
12.2 You have the responsibility under law to pay any and all debts that you incur with us or our associated parties. You agree that you will not intentionally cancel, reject or revoke any Bet, and you will pay us any and all losses caused by such cancellation, rejection or revocation by you.
12.3 We have the right to terminate your participation in the Services and/or reject withdrawal requests on Your Account if we suspect any fraud or bonus abuse.
12.4 Any valid Bet approved by us shall be subject to the maximum overall payout per Bet being limited to the sum of one hundred thousand pounds sterling (￡100,000).
12.5 Your Legitimate Winnings do not include the Bet relating to the betting session, event or game from which the Legitimate Winnings arose.
12.6 We shall not in any way be responsible for any error occurring in the payment process in or out of Your Account. We reserve the right to void any Bet or transaction relating to any Bet affected by any error in such payment process. You must inform us immediately if you find that the balance in Your Account does not match the balance that you expect.
12.7 Payment of any taxes, fees or charges on your Legitimate Winnings under any applicable laws shall be your responsibility.
12.8 Should sums be credited to Your Account in error, it is your responsibility to notify us of the error immediately and in any event within twenty four (24) hours of becoming aware of the error or from when you could reasonably be deemed to be aware of the error. Any sums credited to Your Account due to an error will be deemed invalid and in the event that there are sufficient sums in Your Account, such sums will immediately be reversed by us from Your Account. In the event that there are insufficient sums in Your Account, you shall immediately return to us the funds equal to the amount representing the erroneously credited funds. Sums credited to Your Account in error are not available to use as Bets. We reserve the right to void any transaction and/or Bet involving sums paid to you in error. For the avoidance of doubt, where you have a credit balance in Your Account and further sums are erroneously added to this, you are permitted to transact and/or place Bets up to the level of credits available in Your Account excluding the erroneously added sum.
12.9 You hereby agree, warrant and represent that no charge-backs or other cancellation or renunciation of deposits in to Your Account will be made relating to Your Account without our consent. In the event of any of the foregoing occurring, you agree to indemnify us and hold us harmless against any costs, claims, damages and expenses arising in connection therewith and to refund and compensate us for any losses we would otherwise incur arising from such actions including any expenses incurred by us in the process of recovering such amounts.
13. Collection of Legitimate Winnings
13.1 Legitimate Winnings will be deposited to Your Account. To make withdrawals from Your Account you may be required to show or otherwise make available to us in a manner to our satisfaction such due diligence documentation as shall be required by us. This will usually be provided in the form of a copy of an identification document (such as a passport, national identity card or drivers’ licence) and a confirmation of your address document (such as a utility bill). We may require from you copies of any other documentation as we deem appropriate to combat fraud and/or money laundering.
13.2 You have to show valid identification documents for a single or accumulated withdrawal from Your Account over a rolling thirty (30) day period, equal or higher than three thousand euros (€3,000) or other currencies of the same value or such other amount as may be specified by us from time to time.
13.3 As your card issuer allows, your Legitimate Winnings will be deposited to the credit, debit card or e-wallet which was used for the original deposit in Your Account. The receiver of the Legitimate Winnings must be same person who deposited the funds that were used for the relevant Bet.
13.4 Subject to these Terms and Conditions you can withdraw the funds in Your Account including your Legitimate Winnings. We reserve the right to charge you a reasonable service fee for withdrawing and depositing in to Your Account.
13.5 You must pay all bank and other third party charges due to the transaction in and out of Your Account and we reserve the right to take these charges from your Legitimate Winnings.
13.6 If any individual or group is suspected of collusion and/or fraud, we reserve the right to cancel all or part of the relevant Bet. The money in the account belonging to such Players in such a case may be seized by us at our discretion.
14. Promotions and Bonuses
14.1 All promotions, bonuses or special offers are subject to these Terms and Conditions in addition to promotion-specific terms and conditions that we may introduce from time to time in conjunction therewith. We reserve the right, to suspend, cancel or modify such bonuses or promotions rules.
14.2 In the event that we suspect that you or any other Player is abusing or attempting to abuse a bonus or other promotion, or is likely to benefit through such abuse we may block, deny, suspend, withhold or cancel the account of any such Player, including Your Account if we determine that you are involved in such.
15. Indemnity from you to us
15.1 You hereby indemnify us, our employees and agents for any and all costs, expenses, losses, damages or claims whatsoever (including reasonable legal fees) that may be incurred or suffered by us, our employees or agents arising in any way from your negligent act or omission, your downloading or installation of the Software, your use of Software and/or the Information, and/or any breach by you of any part of these Terms and Conditions.
16. Disclaimers and Nature of the Services
16.1 Gambling is at your own choice and judgment. You should be aware that you bear the full risk of using the Services. By using the Services, you acknowledge that you do not judge the Services, Website or Information to be offensive, objectionable, unfair or indecent. Some jurisdictions have not addressed the legality of online gambling while others have specifically made online gambling illegal. We do not intend that anyone should use the Services or access the Website, Information and/or the Services in jurisdictions where such use or access is illegal. The availability of the Services, Information and the Website should not be construed as an offer, solicitation or invitation by us to use or access the foregoing in any jurisdiction in which such use or access is illegal. Compliance with any laws applicable to you is entirely your own responsibility and we make no representation or warranty whatsoever that the Services, Software, Website or the Information comply with any laws applicable to you.
16.2 We will endeavour to provide the Services, Software, Website and the Information using reasonable skill and care but beyond this no warranty is given. We make no representation or warranty of any kind in respect of the Services, Website, Software and the Information. To the maximum extent permitted by law, any representation or warranty, whether express or implied, statutory or otherwise in respect of the Services, Software, Website and Information are hereby excluded.
16.3 The Website and the Software are provided “AS IS”. We do not warrant that the Services, Software, Website or the Information will be accurate, complete, fit for purpose, timely, safe, free of interruptions, free from defects, free from errors or free from external interference of any nature or that any unidentified defect will be corrected.
16.4 We do not warrant the Services, Software, the Website, the Information or servers that make them available are free of computer viruses, bugs, spyware, adware or other malicious, destructive or corrupting code, program, data or macro or any other features that may affect any Devices and/or data contained within. You will undertake your own precautions (at your own expense) to ensure that the processes, measures and/or Devices which you employ for using or accessing the Services, installation of the Software and using the Website do not expose you to the risk of computer viruses, bugs, spyware, adware or other malicious, destructive or corrupting computer code or other forms of interference or damage to your Device or data contained within.
16.5 In the event of:-
(a) system and/or communication delay relating to Your Account, the Website or any other element of the Services; and/or,
(b) system and/or communication error relating to Your Account, the Website or any other elements of the Services;
we will not be liable to you as a result of any such delay and/or error and we reserve the right to void all Bets affected by such delay and/or error and take any action we deem appropriate to correct such delay or error.
16.6 In no event shall we be responsible or liable for any damages, loss or expense, including any interference or damage to your Device or data contained within, in connection with your access to, use of or participation in the Services, Website, Software and/or the Information.
16.7 We disclaim any and all warranties, representations and responsibilities in respect of any aspect of the Services, Website, Software and the Information, which may be provided by third parties, including but not limited to broadband service providers, telecommunications service providers, banks and payment providers and shall not on any account be liable for any default, breach or inaction of such third parties.
16.8 We, our employees and agents will not be liable in contract, tort, negligence or otherwise for any indirect or consequential loss or damage whatsoever or howsoever arising from or in any way connected with your use of the Services, Website, Software or the Information, including without limitation any damage for loss of business, loss of data, loss of profits, loss of revenue, loss of data or any other indirect or consequential loss whatsoever (even where we have been notified of the possibility of such loss or damage.
16.9 Other than as expressly stated in these Terms and Conditions, we hereby exclude all liability to you whether under the terms of contract tort, negligence or otherwise to the fullest extent permitted by law.
16.10 We do not exclude liability for death or personal injury caused by our negligence or liability caused by our fraud.
16.11 We reserve the right to withdraw the Website at any time and will not be liable to you in the event of such action.
16.12 You acknowledge that part or all of the Information may be provisional in nature and may be subject to revision, change or modification, as provided in these Terms and Conditions. You therefore acknowledge that the Information is provided solely for reference and does not constitute advice or solicitation, and is not the subject of, and shall not constitute the basis of any binding representation, warranty, contractual obligation, or reliance on your part of any nature.
16.13 Our entire and aggregate liability to you whether under the terms of contract, tort, negligence or otherwise shall in no event exceed the lesser of:-
(a) a sum equivalent to the total sum of money deposited by you in Your Account and used by you to place Bets in the six (6) months prior to the relevant incident giving rise to the claim; or,
(b) the total sum of five thousand pounds sterling (￡5,000).
16.14 You hereby acknowledge and agree that all disclaimers and exclusions of liability contained in these Terms and Conditions represent a fair and reasonable allocation of the risks and benefits of the agreement between you and us, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to us. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.
16.15 Other than as set out in these Terms and Conditions, if you have any dispute with the result of any Gambling you undertake with us, you must submit your written complaint to us, including full details no later than seven (7) days from the issued date of the relevant result or outcome. In the case of a discrepancy between the result or outcome which appears on your Device and the result or outcome in the transaction logs in our system, you agree that the results or outcome in our system's transaction logs as certified by our Chief Technological Officer shall be the conclusive evidence of the relevant result or outcome.
17. Terminating, Closing and Suspending Services
17.1 Given the nature of the Services, we reserve the right to terminate Your Account at any time on giving thirty (30) days’ notice. Prior to closure of Your Account you will be notified by email of our decision to terminate Your Account and any Legitimate Winnings and other legitimate sums in Your Account will be returned to you. If following thirty (30) days from the date of our email advising you of the termination of Your Account, we have been unable to return Your Account balance to you, a monthly maintenance charge of five pounds sterling (￡5.00) will be applied to Your Account until Your Account balance reaches zero and Your Account is closed. During this period Your Account will be suspended and you will not be able to make Bets.
17.2 In addition to other rights available under these Terms and Conditions, we reserve the right, in our sole discretion to:- (i) void any winnings (including Legitimate Winnings); (ii) suspend or terminate Your Account; (iii) terminate these Terms and Conditions with you; and/or (iv) suspend the provision of the Services to you in the event that we reasonably determine that:-
(a) you or people living at the same address as you have more than one active account with us;
(b) the name you provided to us does not match the name on the credit or debit card or other payment accounts used to make deposits to Your Account;
(c) you participate in a promotion offered by us but fail to fulfil the requirements of the relevant promotion;
(d) you provide incorrect or misleading registration information;
(e) identification information requested by us was not provided to us;
(f) you are not over the age of 18 or the legal age for participating in Gambling in the jurisdiction in which you reside;
(g) you access and participate in the Services from a jurisdiction where participation in the Services is prohibited by law or we deem (acting reasonably) that such participation is prohibited by law;
(h) you have "charged back" or procured a "charge back" against us or denied any of the transactions or deposits that you made to Your Account;
(i) you have deposited or sought to deposit money originating from criminal or other illegal or unauthorised activities to Your Account;
(j) you have been cheating or attempting to cheat;
(k) you are committing or attempting to commit fraud;
(l) you employ or seek to make use of an artificial intelligence or other system (including machines, computers, algorithms, software or other automated systems) designed specifically to defeat the system operated by us or you are found to have colluded or attempted to collude with other players in order to defraud us (or other Players);
(m) you allow (intentionally or unintentionally) a third party to use Your Account;
(n) you fail to comply with any of the provisions of these Terms and Conditions;
(o) you attempt to conceal the jurisdiction in which you reside;
(p) you are located in one of the following locations: Antarctica, Belgium, Cayman Islands, China, Cyprus, Democratic People’s Republic of Korea, Denmark, France, Guadeloupe, Hong Kong, India, Italy, Iran, Iraq, Israel, Japan, Martinique, Norway, Philippines, Poland, Republic of Korea, Russia, Saudi Arabia, Singapore, Switzerland, Taiwan, The Netherlands, Turkey, Vatican City or the United States of America and all its territories and possessions, being the U.S. Virgin Islands, U.S. Minor Outlying Islands, Guam, Puerto Rico, Mexico, Commonwealth of Northern Marianas Islands and American Samoa.
17.3 If the provision of the Services is suspended and/or Your Account is deactivated, the provision of the Services may be reinstated and/or Your Account may be reactivated by us after the necessary rectification (if capable of being rectified) action has been taken by you and such rectification has been verified to our full satisfaction.
18. Links to External Sites
18.1 The Website may contain links to third party websites which are not maintained by us. Links to such third party Websites are provided for your convenience only and we are not responsible for and do not undertake to ensure the contents of such third party websites are accurate, current or maintained.
18.2 We are not responsible or liable and have not provided, reviewed, approved or endorsed any third party websites and we make no representations or warranties in respect of the contents or the privacy practices of any third party websites or any products or services which may be advertised, sold or otherwise made available on any third party websites.
18.3 We shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use of any link to third party websites.
18.4 Unless expressly provided, we shall under no circumstances be considered to be associated or affiliated with any statement, opinion, trade or service marks, logos, insignias or other devices appearing on third party websites, or any products or services which may be advertised, sold or otherwise made available on third party websites or with the operators or owners of third party websites.
19. Links to the Website
19.1 You may not link or create any links, deep or in-line links to any part of the Website, Services or frame the Information.
20. Adding to and/or Deleting from the Services
20.1 We reserve the right, without notification, to add new betting offerings, games or functions to the Website or to create, delete, stop, restrict access to or modify any betting offering, game or function at any time.
21. Abandoned Accounts
21.1 We do not undertake to advise you that you have an outstanding balance to collect on Your Account. If you do not access Your Account by logging onto the Website and using the Services for any consecutive period of three hundred and sixty five (365) days Your Account will be deemed inactive.
21.2 We shall be entitled to charge you periodic administrative fees during the period that Your Account remains inactive and set off such charges against funds in Your Account up to the extent of the balance in Your Account. Administrative fees will be charged as a rate of five pounds (￡5.00) sterling per month of inactivity. If an inactive account is identified, we may attempt to contact the relevant Player via telephone, email or written communications, using the contact details registered with the account. If such fails we may use other methods at our disposal to seek to contact the relevant Player. If such efforts prove unsuccessful and contact with the Player cannot be established within twelve (12) months of the date from which the relevant account was identified as inactive, any outstanding sums in such account may be set aside and we reserve the right to close the relevant account and designate at our discretion that the outstanding sums in the relevant account may be held by the Isle of Man Gambling Supervision or allocated to a gambling charity of the Gambling Supervision Commission’s choice.
22. Account Limits, Payout Limits and Maximum Bets
22.1 The maximum winnings payable by us to any Player on any valid accepted Bet placed with us shall be limited to one hundred thousand pounds sterling (￡100,000) (or equivalent amount in other currencies) per Bet.
22.2 The maximum amount you can Bet varies according to the type of Gambling and the terms offered by us in relation to the type of Gambling as detailed in the relevant Rules and/or the Website and is subject to change without prior notice but in any event will not exceed the funds in Your Account available to place Bets.
22.3 Players are permitted to establish self-imposed account limits to restrict the nature of their transactions on the Website. Maximum thresholds can be placed on daily expenditure limits, weekly expenditure limits and monthly expenditure limits. Expenditure above the imposed maximum thresholds is not possible. Players can request and cancel such thresholds by contacting us via email (see contact page).
23. Self-exclusion
23.1 We shall provide a facility to allow you to prevent yourself from placing Bets with us and/or from accessing Your Account for periods at your discretion between seven (7) to ninety (90) days. Once this change has been made to Your Account for the set period, it will not be possible for Your Account to be re-opened for any reason until after the set period has expired. During the period of opt-out, we will do all we can to prevent new accounts being opened by you. If you wish to use this facility or would like further information on this, please contact us at help@138sungame.com
23.2 Players may request their account be permanently closed at any time. We will act on an e-mail from a Player’s registered email address help@138sungame.com
24. Violations of these Terms and Conditions
24.1 We reserve the right to seek all remedies available at law and in equity in respect of any violation of these Terms and Conditions.
25. Force Majeure
25.1 If we fail or we are late to perform any obligation under these Terms and Conditions due to the occurrence of events beyond our control (including, but not limited to: nature disasters, changes in applicable laws or regulations, action or inaction of government, civil or military authority, court orders, act of terrorism, lightning or fire, strike, lockout or other labour dispute, flood, draught, war, riot, theft, transmission or system failures, failure or interruption in the provision of telecommunications or broadband services, failure or shortage of power supplies or equipment, inclement weather, earthquake and natural disasters), such failure or delay does not constitute a breach of these Terms and Conditions.
26. Non Waiver
26.1 In the event that we fail to enforce any provisions of these Terms and Conditions, this will not render a waiver of the rights to enforce such provision or influence the effectiveness of these Terms and Conditions, or impede any further action by us.
27. Relationship Between you and us
27.1 Nothing in these Terms and Conditions shall be construed as creating any agency, partnership, joint venture or any other form of joint enterprise between you and us.
28. Severability
28.1 If any parts of these Terms and Conditions are determined to be invalid, unlawful or unenforceable by a court of competent jurisdiction, such terms will be separated from the others to that extent while the others will continue to be valid and enforceable to the full extent permitted by law.
29. Post Termination
29.1 The terms of Clauses 2.3, 5, 8.2, 8.3, 15, 16, 21, 24, 31 and 33 shall extend post termination of these Terms and Conditions and/or termination of Your Account.
30. Third Party Rights
30.1 Nothing in these Terms and Conditions will create or confer any right or benefit in favour of any third party other than you and us and whether under legislation or otherwise.
31. Transfers
31.1 You are not allowed to transfer, assign or novate any part of these Terms and Conditions to any third party.
31.2 We are entitled at any time to transfer, assign or novate any part of these Terms and Conditions to any third party.
32. Notices
32.1 Any notice we give to you (unless stated otherwise in these Terms and Conditions) will be sent to you at the email address you provided to us when you registered with us. Any such notice will be deemed served twenty four (24) hours after dispatch by us.
32.2 Any notice you give to us must be sent by recorded delivery mail (or airmail if relevant) and sent to our registered office address and marked for the attention of the Managing Director.
33. Governing Law and Jurisdiction
33.1 You agree that your access to the Services, Website, Software, the Information and the interpretation of these Terms and Conditions is governed by the laws of the Isle of Man.
33.2 The parties hereby submit to the exclusive jurisdiction of the courts of the Isle of Man. However, this Clause 33.2 shall not prevent:- (a) you from making any complaint about us to the Isle of Man Gambling Supervision Commission; (b) us from seeking any injunction or similar relief or action in any court of competent jurisdiction.
