Terms & Conditions – OddsChoice
OddsChoice, a service (“the Service”) which allows you to search for or compare odds of third party bookmaker websites and be transferred to third party bookmaker websites where you can place bets directly from those bookmaker websites, is brought to you by Cape Media, LLC. (“CM” or “we” or “us”).
This Service is only available to you if you are 18 years of age or over, hold a valid debit or credit card issued in your name, and comply with local country restrictions/regulations. Charges for the Service will be deducted from your debit or credit card if you are a pre-pay customer or appear on your monthly statement if you are a pay monthly customer.
This Service does not itself allow you to place bets. We do not and are not authorised to receive, negotiate or place bets on our own account or on behalf of any third party. Your eligibility to place bets with any given Third Party Bookmaker (as defined below) following use of the Service will be assessed by that Third Party Bookmaker, and any bets you place will be governed by the terms and conditions of the separate contract that you make with that Third Party Bookmaker. These terms and conditions (“Terms”) are an agreement between you, (the person who registers for the Service), and CM. It is important that you understand both the benefits and the limitations of the Service. Please read the following Terms carefully before proceeding with your registration to the Service. By registering for and using the Service you will be bound by these Terms, which will continue to apply every time you use the Service.
Acceptance
Acceptance of the Terms: These Terms and Conditions apply to you if you wish to access the Service via the WEB at https://oddschoice.com (“the Site”) or via any of our mobile applications or sites. You are advised to read these Terms each time you visit the Site as they may change from time to time as we may change these Terms and Conditions at any time. You will be deemed to have accepted such changes if you continue to use the Service. Also, when using the Service, which allows you to use software on our system to access selected online bookmakers (“Third Party Bookmakers”); you will be subject to and comply fully with the terms and charges of the Third Party Bookmakers:
- 888 Sportsbook Terms and Conditions and Privacy Policy
- and other Third Party Bookmakers as advertised on the OddsChoice website and mobile application.
You acknowledge that we are not responsible for such terms, and if you have any problems with the Third Party Bookmakers, you will contact them directly. We will use our reasonable endeavours to provide you with the relevant contact information at your request. We may at any time and without liability modify, suspend or discontinue the Sites or the Service with or without notice, for any valid technical, operational or commercial reasons. We do not guarantee or warrant that any particular feature, information and services on the Sites or the Service will be available to you at any given time. When you click the “I Agree” button on the Registration Form on any of our sites or mobile applications, you agree to these Terms. If you do not accept these Terms, you will not be entitled to use the Service. This agreement begins on the date you complete the registration process which incorporates these Terms and will continue until terminated in accordance with these Terms (“the Term”).
The Service
The Service is a service that allows you to use software on our system to search and browse for betting events and compare odds of third party book maker websites and be transferred to these websites where you can place bets from those bookmaker websites via your mobile phone (mobile web or the native application) and/or the Internet.
SERVICE LIMITATIONS. We agree to exercise the reasonable care and skill of a competent communications service provider. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service disruptions. We will correct reported faults as soon as we reasonably can. If a fault occurs you should report the fault by email. The Service is provided without warranties or guarantees (including any warranties implied by law) unless expressly stated otherwise. The information on the Service originates from the selected Third Party Bookmakers and is updated at the time of your request. However, due to the continuous changes in the Third Party Bookmaker’s information (e.g. odds) differences between information shown and current information on the Third Party Bookmakers’ sites may occur. Any bet placed by you is placed with the Third Party Bookmaker and represents an offer to contract with the Third Party Bookmaker, not us. It is your responsibility to ensure that all the details of the bet are correct. Once the transaction has been confirmed, bets cannot be cancelled. The Third Party Bookmaker may reject the bet for any reason. If your bet is not placed or placed with the incorrect amount, we are not liable or responsible. In the event that you experience any problems with your bet or account you should contact the Third Party Bookmaker directly. If you place a bet with a Third Party Bookmaker your bet is on the basis of the odds at the time your bet is placed.
Security
The order form is protected by Secure Socket Layer (SSL), which is industry standard technology designed to prevent information in transit being intercepted. We reserve the right to amend and update security procedures without notification. Our security procedures include storage of credit card information of registered users on a server that is not accessible on the Internet. This information is encrypted for storage and processing your transaction with the Third Party Bookmakers. Notwithstanding the above security procedures, you should be aware that there are certain risks associated with Internet communications and credit card use over which we have no control.
Performance
We cannot guarantee any level of performance as regards to the use of the Service in general as poor performance can be brought about by congestion or loss of service outside of the networks managed by us.
- QUALIFICATION. In order to register for the Service you must be 18 years or over and you must hold a valid debit or credit card issued in your name, and comply with any local country restrictions/regulations.
- PROVIDE ACCURATE INFORMATION. Before using the Service for the first time you will be required to register with us. You confirm and warrant that any information provided by you during registration must be true, complete and accurate in all respects. You must immediately inform us of any changes to the information supplied by you to us during registration. You are entirely responsible for maintaining the integrity and security of any service account you open. When you register for the Service you are required to provide certain personal and payment details. If you enter details of any debit or credit card you must ensure that you are legally and otherwise fully entitled to use that card and there are available funds sufficient to cover any charges incurred by you.
- OBEY THE LAW. You agree not to use the Service for illegal purposes, fraudulently or in connection with a criminal offence; or to send, receive, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, in breach of any third party rights or privacy or otherwise unlawful; or to cause annoyance, inconvenience or needless anxiety; or to send commercial advertising or promotional material; or to initiate the sending of unsolicited advertising or promotional material including without limitation junk-mail for commercial or non-commercial reasons; or other than in accordance with the acceptable use policies of any connected networks and Internet standards.
- PROPRIETARY RIGHTS. You acknowledge and agree that CM and/or our licensors own all rights to this Service, the content displayed on the Service and all Service software and documentation supplied by us for your use in connection with the provision of the Service. You are only permitted to use this content as expressly authorised by the Terms. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to and not to permit any person to disassemble, reverse engineer, decompile or in any other way interfere with the Service software; or copy or modify the Service software; or create any new software partly or wholly based on the Service software; or transfer, assign or sub-license your right to use the Service software or attempt to do so.
- USE OF MARKS, MATERIALS AND SUGGESTIONS CM names and logos and all related product and service names, design marks and slogans are the property of CM. You are not authorised to use such names or marks in advertising, publicity or in any other commercial manner.
- LICENCE. We grant you a personal, revocable, non-exclusive, non-transferable licence to use the Service, the Service software and associated documentation and to access and retrieve your account information held on websites belonging to Third Party Bookmakers, and to store such account information on our system during the Term provided always that you have the consent of such Third Party Bookmakers in relation to such access.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. IN PARTICULAR, YOU ASSUME ALL RESPONSIBILITY FOR: providing and payment for all equipment necessary for connection to the Service; accessing, obtaining or transmitting information, materials, data, communications and orders via the Service; all activities conducted through the use of any of your Service accounts, whether authorised or not; the payment for all bets or deposits ordered by you or through your Service account; evaluating the accuracy, reliability, correctness or completeness of any information and evaluating any products or services of third party bookmakers promoted on the service. your use of the Internet which is solely at your own risk and subject to all applicable national and international laws and regulations.
Rights You Grant To Us
Personal Information You authorise us to: Collect, retain and update the details provided by you when you register for the Services, and any other personal information you provide to us whether directly or through your use of the Service. Use that personal information for any purpose in connection with us providing, maintaining, monitoring and marketing existing and future products and services connected with the Services or other telecommunications, technology or e-commerce products or services.
Release your relevant personal information to: our solicitors and agents for any enforcement action we require; other providers to enable you to access and use the Services. You are entitled to access and correct the personal information we hold about you by emailing us at [email protected].
Account Access: In order to ensure that we are able to provide a high quality Service which is responsive to your needs, you agree that our employees, third party service providers, professional advisors and other agents may have access to a limited set of your account and records as reasonably needed to investigate complaints, comply with applicable laws and to service your Account. Much of your account information is secured and CM cannot access this information without your permission. Third Party Accounts. By using the Service, you use software on our system to access third party account Web sites to retrieve account information requested by you. We do not access such websites on your behalf or as your agent. You hereby permit us to use information submitted by you to the Service to accomplish the aforementioned. When you perform an action at a Third Party Bookmaker, you cause the Service to:
- connect to the Third Party Bookmaker and
- where appropriate and available, to submit third party information (including user names and passwords) you have designated to allow further access to the site to complete the desired transaction. You hereby authorise us to use your information, as described above, with the full authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person.
YOU ACKNOWLEDGE AND AGREE THAT WHEN YOU ARE ACCESSING AND RETRIEVING INFORMATION FROM THIRD PARTY SITES USING OUR SOFTWARE, WE ARE NOT ACTING AS YOUR AGENTS NOR THE AGENTS ON YOUR BEHALF OF THE THIRD PARTY BUT THAT WE ARE SIMPLY MAKING AVAILABLE THE SERVICE AND SOFTWARE TO YOU BY WHICH YOU MAY ACCESS AND TRANSACT WITH SUCH THIRD PARTY SITES.
You agree that our Third Party Bookmakers shall be entitled to rely on the foregoing authorisation and agency granted by you.
Other Important Legal Matters
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE FURTHER ACCEPT NO RESPONSIBILITY OR LIABILITY FOR, AND MAKE NO WARRANTIES, THAT FUNCTIONS CONTAINED AT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF ANY VIRUS OR OTHER HARMFUL ELEMENTS. FOR YOUR OWN SAFETY YOU SHOULD TAKE REGULAR BACK-UP COPIES OF DATA AND USE THE LATEST VIRUS CHECKING SOFTWARE AND WE CANNOT ACCEPT ANY LIABILITY ARISING FROM YOUR FAILURE TO DO SO. IT IS A CONDITION OF US ALLOWING YOU TO USE THE SERVICE THAT YOU ACCEPT THAT WE WILL NOT BE LIABLE FOR ANY ACTION YOU TAKE IN RELIANCE ON THE INFORMATION CONTAINED WITHIN THE SERVICE. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE MAKE NO WARRANTY OR REPRESENTATIONS THAT:
- THE SERVICE WILL MEET YOUR REQUIREMENTS,
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
- ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED
- TO THE EXTENT THAT THE OPERATION OF THE SERVICE IS DEPENDENT ON THIRD PARTY BOOKMAKERS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE OR ACCESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL. LIMITATION OF LIABILITY. YOU AGREE THAT WITH THE EXCEPTION OF OUR LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, INCOME, SAVINGS, OPPORTUNITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICE;
- UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRAMSMISSIONS OR DATA; UNLESS A FRAUD OR SECURITY BREACH OCCURS AS A DIRECT RESULT OF ANY ACT OR OMISSION BY US OR OUR AGENTS.
- ANY OTHER MATTER RELATING TO THE SERVICE.
Subject to the provision below, to the extent our liability is not otherwise excluded or limited, our sole liability and your sole remedy will for us to use reasonable effectors to fix any problem with the Services and re-supply or recommence supply of the affected component of the Services. In no circumstances will our total liability for any and all incidents relating to the Services (including the cost of providing any remedy) exceed the amount of commission we receive from the bets made by you at the Third Party Bookmakers our Service sent you to over the past six months.
- Indemnification. Except when caused by our intentional misconduct or gross negligence, you agree to protect and fully compensate us and our affiliates and service providers from any and all third party claims, liability, damages and expenses and costs (including, but not limited to, reasonable legal fees) caused by or arising from your use of the Service, your violation of the Terms of your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
- Service Changes and Discontinuation. We reserve the right to change or discontinue, temporarily or permanently, the Service or any Third Party Bookmaker at any time without notice. In order to maintain the security and integrity of the Service we may also suspend your access to the Service at any time but will endeavour to give you as much notice as reasonably practical before doing so. You agree that we will not be liable to you or any third party for any modification or discontinuance of the Service.
- Links to Other Sites: This site contains links to other web sites which are independent of CM and are maintained by third parties. CM is not responsible for the contents of any third party web sites and shall not be liable for any damages or injury arising from the contents of such web sites. Any links to other web sites are provided as a convenience to you as a user of this site, and this does not imply CM’s endorsement of the linked web sites or association with their operators. You must assess their party web site content for the suitability for your purposes. You are solely responsible for the actions you take in reliance of the content on or accessed through this site. Third party web sites are likely to have their own restrictions on how you may use the content on those websites and what responsibility the website provider will accept (if any) in relation to the content. You should ensure you read and comply with these.
- Other. This agreement is personal to you and you may not assign, subcontract or transfer it to anyone. We can assign this agreement without reference to you. All notices to you shall be in writing via e-mail at the address you have provided to us or via text message if you do not have an email address.
CM shall not be considered an agent or other legal representative of the other for any purposes by reason of this agreement and you acknowledge that the Service is provided to you by CM.
If any provision of these Terms is held to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. These Terms shall be governed by and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the Courts of England and Wales. These Terms constitute the entire understanding between you and us about the Services.