18.- Sports Betting
Terms & Conditions - Sports Betting
1. General Introduction, definitions and stipulations
1.1 "The OddsMatrix Rules" are the terms & conditions constituting and governing the contractual relationship between the Account Holder and Oddsmatrix, as stated herein, and which the parties hereby agree upon.
1.2 "OddsMatrix" is OddsMatrix Ltd, a company duly registered on the 6th of June 2008, under the laws of Malta; Registration No. C 44411; and having its registered office at Vincenti Buildings Suite No. 712, 14/19 Strait Street, Valletta VLT1432, Malta .
1.3 "An Account Holder" is an individual having a contractual relationship with OddsMatrix.
1.4 An "OddsMatrix Account" is an account held by an Account Holder, for bona fide transactions, with a strict aim to establish a normal commercial relationship with OddsMatrix and with the strict purpose of conducting betting and other gaming and gambling transactions.
1.5 "The Contract" is the contractual relationship between OddsMatrix and an Account Holder, constituted and governed by "the OddsMatrix Rules", i.e. "the terms & conditions".
1.6 "The Licence" is the approval granted to Oddsmatrix by the Lotteries and Gaming Authority (“LGA”): number LGA/CL2/497/2008 to offer fixed odds betting. The License originates from an approval dated the 3rd of February 2009. For further information regarding the LGA, please go to www.lga.org.mt.
1.7 "The Governing Authorities" are the authorities of Malta.
1.8 "The Governing Law" is the law of Malta.
1.9 "The Place of the Contract" is Malta.
1.10 "The Betting Duty" relates to the gaming tax applicable on betting in Malta.
1.11 "The Site" is the Internet gateway, accessible through the Internet address www.pepegames.com where all current and relevant information regarding the operations of Flop Group Ltd and its sportbetting partner Oddsmatrix.
1.12 "A Credit Card" refers to all types of cards with a function of "payment", "charge", "debit", "credit" and/or similar.
1.13 "A Payment Solution Provider" is an intermediary acting as a payment agent.
1.14 "A Financial Institution" is a bank and/or other institution regulated by an applicable domestic financial services act or similar.
1.15 OddsMatrix is not affiliated or connected with any sports teams, event organisers or players displayed on its websites and does not claim any intellectual property right related to their name and image which are strictly used for the purpose of betting activity.
2. Account Rules
2.1 An individual applying for an OddsMatrix Account acknowledges and accepts:
• All definitions and stipulations, as stated under clause 1 and/or herein;
• The OddsMatrix Rules as currently published on the Site, as well as any possible future changes to the OddsMatrix Rules;
• That the Place of the contract is Malta; and
That the Contract is governed by:
(A) The OddsMatrix Rules, as published in English and several other languages. In case of disputed interpretation the English version document shall prevail.
(B) Decisions by the Governing Authorities.
(C) The Governing Law of the Place of the Contract.
2.2 OddsMatrix reserves the right, at its own discretion and at all times, to:
• Decline to open an OddsMatrix account and/or to close an existing OddsMatrix Account, without any explanation whatsoever;
• Decline to accept deposits without any explanation whatsoever;
• Suspend and/or cancel the participation of an Account Holder in promotional activities, competitions or other services, whenever, in OddsMatrix’s opinion, there are legitimate concerns that an OddsMatrix Account is used for illegal, fraudulent or dishonest practices.
• Request documents to verify: identity; authorisation to use a specific Credit Card; and/or other facts provided by the Account Holder, before expediting deposits and/or withdrawals;
• Transfer and/or license, without prior notice, data regarding an Account Holder to any other legal entity, in any country, subject to OddsMatrix guaranteeing that the said data at all times is transferred and managed in accordance with applicable laws, data protection acts and/or similar.
• Transfer and/or license, without prior notice, the rights and the liabilities regarding an Account Holder to any other legal entity, in any country, subject to OddsMatrix guaranteeing the liabilities being honoured.
• Hold and manage funds belonging to Account Holders in accordance with generally accepted guidelines for cash management regarding such funds; this may include a Financial Institution and/or a Payment Solution Provider being entrusted to hold funds in the name of and/or for the benefit of Account Holders;
• Forfeit and/or confiscate funds available on an OddsMatrix Account and/or refuse to honour a claim, in the event that, directly or indirectly, The OddsMatrix Rules have been violated and/or other unauthorised activities have occurred in connection with a betting event and/or the operation of an OddsMatrix Account.
• Merge duplicate accounts if you have multiple Oddsmatrix Accounts. The duplicate accounts will be deemed to be a single Oddsmatrix Account for the purposes of this Agreement. Oddsmatrix may in its sole and absolute discretion consolidate multiple Oddsmatrix Accounts into a single Oddsmatrix Account at any time or Oddsmatrix may, in its sole and absolute discretion, implement measures or take action against any one of your Oddsmatrix accounts for issues that arise in or in connection with other Oddsmatrix accounts associated with you.
2.3 An individual applying to become an Account Holder warrants and represents not to be under the age of 18 years. In the case of Estonian players they warrant not to be under the age of 21 years.
2.4 An Account Holder warrants and represents, at all times, not to be:
• Resident of Turkey or the United States of America;
• Restricted by limited legal capacity;
• Acting on behalf of another party;
• Classified as a compulsive gambler;
• Depositing monies originating from criminal and/or other un-authorised activities;
• Depositing monies through a Credit Card which the Account Holder is not authorised to use and/or utilising a Credit Card in a jurisdiction in which betting and gaming are prohibited; and/or
• Conducting criminal activities whereby an OddsMatrix Account is directly or indirectly involved.
2.5 OddsMatrix warrants and represents, at all times, to:
• Manage funds belonging to Account Holders in a secure and appropriate manner; and/or
• Absorb the cost of, and pay, the Betting Duty, as applicable, at the place of Contract.
• Manage data regarding an Account Holder in accordance with applicable laws, data protection acts and/or similar requirements.
2.6 An OddsMatrix Account is opened, held and settled in a currency as agreed between OddsMatrix and an Account Holder. OddsMatrix calculates and settles all matters involving exchange rates in accordance with recognised financial institutions at currently applicable exchange rates. Slight differences may occur between agreed amounts and recorded amounts due to variances between exchange rates.
2.7 An OddsMatrix Account does not accrue interest irrespective of the amount of the balance.
2.8 An Account Holder can only hold one active OddsMatrix Account at a time.
2.9 Any claim regarding a transaction in conjunction with an OddsMatrix Account shall be made to OddsMatrix within six (6) months after the transaction, payment and/or settlement took place, or should have taken place, otherwise OddsMatrix reserves the right at its own discretion to ignore the claim.
2.10 Any legal dispute regarding a transaction in conjunction with an OddsMatrix Account that cannot be solved by the OddsMatrix Rules, including, but not limited to the rights of OddsMatrix, at its own discretion, at all times, to resolve any disputes, in accordance with principles of equity, shall be settled in accordance with the Governing Law of the Place of the Contract.
2.11 An Account Holder can close the OddsMatrix Account at any time. The balance which exists on the OddsMatrix Account at this moment will be paid out after the withdrawal request has been authorised. The identity of the Account Holder must be verified before a withdrawal is authorised. The personal data of the account holder will be retained by Oddsmatrix to satisfy statutory requirements.
In the case of closure of an OddsMatrix Account, irrespective of the reason, the data stored will be deleted after a period of 5 years if the Account Holder so requests. As the stored data is supposed to be available in any possible case of assertion of claims in courts or authorities a deletion before the expiry of the period of 5 years is not possible.
The deletion of personal data will take place after the expiry of the legal limitation period.
3. Payment Rules
3.1 Deposits to, and withdrawals from, an OddsMatrix Account shall at all times be made through a Financial Institution. Procedures, terms and conditions may vary from time to time, as well as between different countries and different Financial Institutions. Current information is available when logged in on the Site under the headings "Deposit" or "Withdrawal".
3.2 OddsMatrix may appoint a Payment Solution Provider to act, receive deposits, hold and manage funds, and/or expedite withdrawals, on behalf of OddsMatrix.
3.3 OddsMatrix does not accept cash funds sent or delivered directly to OddsMatrix or a Payment Solution Provider.
3.4 An Account Holder may only make a deposit with a Credit Card registered in their own name.
3.5 Withdrawals from an OddsMatrix Account are made through payments addressed to the Account Holder or transferred to a bank account held in the name of the Account Holder, as advised by the Account Holder.
3.6 Placing a bet through the Internet may be illegal in the jurisdiction in which an Account Holder is resident and/or domiciled; if so the Account Holder is not authorised to use a Credit Card for the purpose of placing a bet.
4. Security Rules
4.1 OddsMatrix upholds strict confidentiality regarding all relations with an Account Holder. This can only be breached by a decision deriving from the Governing Law and/or in the event of an Account Holder violating the OddsMatrix Rules
4.2 An Account Holder is given a personal account number. The Account Holder chooses a password and username. It is an Account Holder's own responsibility not to share this information. If the Account Holder has reason to believe that others have become party to this information, the Account Holder should immediately contact OddsMatrix's Customer Service and a new password will be issued.
4.3 The Account Holder is advised to create a password that is difficult to guess or observe, using more than six (6) characters and a mixture of upper case and lower case characters, numbers and special characters. It is also recommended that you do not write down your password or share it with anyone. Remember, that any transaction carried out on an account will have been deemed to be made by the Account Holder.
4.4 All telephone communications between Account Holders and OddsMatrix are recorded for security, training purposes and/or accounting purposes.
4.5 All Internet communications are kept on record for security, training purposes and/or accounting purposes.
4.6 Credit Card deposits may, from time to time, be partially and/or fully declined subject to certain security systems managed in collaboration with a Payment Solution Provider and/or a Financial Institution. Such security measures may decline legitimate Credit Cards, which nevertheless, at a particular time, it is not possible to process. OddsMatrix personnel do not control the said systems, nor have they any knowledge, of the reasons for any deposits being declined.
4.7 OddsMatrix may request documents to verify identity and/or authorisation to use a specific Credit Card and/or other facts provided by the Account Holder, before expediting deposits and/or withdrawals; this may cause slight delays.
5. Betting Rules
5.1 Definitions:
5.1.1 "A Bet" is the amount placed as a stake.
5.1.2 "A Payout" is the gross amount, including the stake, paid after the outcome of a match or an event.
5.1.3 "Net Winnings" is a Payout minus a Bet.
5.1.4 "Match" is where it is possible to Bet on the outcome of a match or event. Bet is valid for full time if nothing else is stated.
5.1.5 "Handicap" is where it is possible to Bet on the outcome of a match or event, governed by a handicap. Bet is valid for full time if nothing else is stated.
5.1.6 "Correct Score" is where it is possible to Bet on the correct score on a match or event. Bet is valid for full time if nothing else is stated.
5.1.7 "Outright" is where it is possible to Bet according to a specific offer.
5.1.8 "Over/Under" is where it is possible to Bet on the outcome of a virtual match or event, defined by OddsMatrix, which forms part of an officially organised event or match. Bet is valid for full time if nothing else is stated.
5.1.9 "Odd/Even" is where it is possible to Bet on the outcome of a virtual match or event, defined by OddsMatrix, which forms part of an officially organised event or match. "Odd" is 1, 3, 5 etc.; "Even" is 0, 2, 4 etc. Bet is valid for full time if nothing else is stated.
5.1.10 "Head-to-Head" and "Triple-Head" are where it is possible to Bet on the outcome of a virtual match or event, defined by OddsMatrix, which forms part of an officially organised event or match.
5.1.11 "Influence Betting" is an act, prohibited by OddsMatrix, where an Account Holder, or parties acting in association with an Account Holder, can influence the outcome of a match or an event - directly or indirectly.
5.1.12 "Syndicate Betting" is an act, prohibited by OddsMatrix, where an Account Holder, or parties acting in association with an Account Holder, evades the Rules of OddsMatrix - directly or indirectly.
5.1.13 "Error" is a mistake, misprint, misinterpretation, mishearing, misreading, mistranslation, spelling mistake, technical hazard, registration error, transaction error, manifest error, Force Majeure and/or similar.
5.1.14 "The Result" is the official result as first declared by the governing association of the match or the event, as the full time result, notwithstanding the match or event being shortened, later changes of the official result and/or Errors.
5.1.15 “Participant” is an object constituting part of an event. In "Head-to-Head" and "Triple-Head" Participants only refer to objects which are subject to the "Head-to-Head" or "Triple-Head" event in question.
5.1.16 "Livebetting" is where it is possible to Bet during an ongoing match or event. OddsMatrix does not acknowledge or accept any liability whatsoever if it not possible to place a Bet. At all times it is the Account Holder’s responsibility to be aware about the score. All bets are settled according to general betting rules.
5.1.17 "Neutral Ground" or similar information is considered as added information but OddsMatrix does not acknowledge or accept any liability whatsoever if any neutral venues are not correct or not listed as such. At all times it is the Account Holder's responsibility to be aware about the match venue.
5.1.18 "Half time/Full time" is where it is possible to Bet on the result in half time and the outcome of the match. Bet is void the match is played in a different time format. Bet is valid for full time if nothing else is stated.
5.1.19 "Special bet offers" as first goal scorer, first corner, first penalty, first throw-in, half time result, over/under, fantasy matches and similar bet offers are considered as valid bets if the outcome of the bet cannot change even though the match or event at a later stage is abandoned or there is no official result or the result is changed by the governing association irrespective when the decision is taken.
5.1.20 “Full time” is defined by the official rules published by respective governing association. For example in football full time is stipulated to 90 minutes including injury time. The settle of a bet offer is in first hand based of the official statistics as first declared by the governing association. If the governing association does not publish certain statistics and/or there is an obvious error the settle of the bet offer will be based on other public sources
5.1.21 Statistics or editorial text published at the OddsMatrix site is to be considered as added information but OddsMatrix does not acknowledge or accept any liability whatsoever if the information is not correct. At all times it is the Account Holder’s responsibility to be aware about circumstances relating to an event.
5.2 A Bet:
• Can only be placed by an Account Holder;
• Can only be accepted through the Internet or by phone unless other arrangements have been agreed;
• Is valid only after OddsMatrix has accepted the Bet and the Account Holder has confirmed the Account Holder's wish;
• A Bet confirmed by the Account Holder cannot later be changed or cancelled, unless declared void;
• Is debited to the OddsMatrix Account of the Account Holder;
• Cannot be made in excess of the amount held in credit on the OddsMatrix Account;
• Is made at the fixed odds at the time of acceptance by OddsMatrix, unless otherwise stated;
• On Head-to-Head and Triple-Head is made at the fixed odds at the time of acceptance by OddsMatrix, subject to all participants in the Head-to-Head or Triple-Head starting;
• Is always accepted at OddsMatrix's discretion; and
• The amount can be limited at OddsMatrix's discretion.
5.3 Match betting allows singles as a minimum and ten-folds as a maximum, unless other arrangements have been agreed.
5.4 Net Winning, in one or more Bets, involving an identical outcome, is limited as follows:
• Net Winnings from your bet(s) through the Internet, may not exceed EUR 20 000
• If Bet(s) in excess of the aforementioned limits are accepted in Error, the excess will be disregarded unless other arrangements have been explicitly agreed.
5.5 Irrespective whether the aforementioned limits are reached or not, the amount accepted for Bet(s) can be limited, prior to acceptance, at OddsMatrix's discretion.
5.6 A bet can be declared void, and is in that event settled with the odds of 1.00.
5.7 A Bet made as an accumulative bet, shall remain valid, notwithstanding a match or an event which is part of the accumulative Bet being void.
5.8 OddsMatrix reserves the right, at its own discretion, to declare a Bet void, totally or partly, if it is obvious that:
• Bets have been offered, placed and/or accepted due to an Error;
• Bets have been placed after the event has started;
• Syndicate Betting has occurred;
• Influence Betting has occurred; and/or
• A Result has been affected by criminal actions - directly or indirectly.
5.9 If two or more Participants share certain finishing positions, the odds are divided by the number of participants sharing those certain positions and settled accordingly.
5.10 A Payout is credited to the OddsMatrix Account of the Account Holder.
5.11 OddsMatrix reserves the right, at its own discretion, to adjust a Payout credited to a OddsMatrix Account if it is obvious that the Payout has been credited to a OddsMatrix Account due to an Error.
5.12 OddsMatrix reserves the right, from time to time, to adjust, amend and adopt special rules, subject to special conditions, applicable for particular matches or events that may be contradictory to the Betting Rules as above.
The Betting Rules are applicable to all games and transactions with OddsMatrix, and may be supplemented with other Rules.
Those special rules may either be published herein, under the heading "Betting Rules" or in conjunction with published odds for those particular matches or events.
In the event of ambiguity, priority is as follows:
(1) A Rule published in conjunction with an offer.
(2) A Rule published under the heading Special Rules.
(3) A Rule published under the heading Betting Rules.
6. Miscellaneous
6.1 All references in the Rules to the singular shall include the plural and vice versa, and all references to "the" shall include "a/an" and vice versa.
7. Disclaimer
7.1 The OddsMatrix Rules as published from time to time in English govern this Contract. Translations into other languages are made as a service and are made in good faith. However, in the event of ambiguity between the English version and a translation, the English version has priority over any translations.
7.2 Account Holders are advised to comply with applicable legislation in the jurisdiction in which they are domiciled and/or resident.
7.3 OddsMatrix does not provide advice to Account Holders regarding tax and/or legal matters.
7.4 Account Holders that wish to obtain advice regarding tax and legal matters are advised to contact appropriate advisors and/or authorities in the jurisdiction in which they are domiciled and/or resident.
7.5 OddsMatrix does not acknowledge or accept any liability whatsoever for damage to an Account Holder and/or a third party caused directly and/or indirectly due to any:
a) Mistake, misprint, misinterpretation, mishearing, misreading, mistranslation, spelling mistake, fault in reading, transaction error, technical hazard, registration error, manifest error, Force Majeure and/or any other similar event;
b) Violation of the OddsMatrix Rules;
c) Criminal Actions;
d) Advice provided by OddsMatrix
e) Financial risk and loss, including, but not limited to variances in exchange rates; and/or
f) Legal actions and/or other remedies.
7.6 OddsMatrix reserves the right, at all times, to resolve any disputes, at its own discretion, in accordance with principles of equity.
7.7 In the event that OddsMatrix is found liable in any way, by a court of law and/or a similar authority, with legal competence and/or jurisdiction over OddsMatrix, then OddsMatrix's liability is limited to the amount of the Stake, or the Net Winnings, whichever is the lesser. Alternatively, when relevant and applicable, the amount recorded in the OddsMatrix Account or the amount transferred into or out of the OddsMatrix Account, whichever is the lesser.
8. Privacy Policy
8.1 OddsMatrix adheres to the Data Protection Act, other relevant regulations, legal notices and/or similar at the Place of the Contract taking account of the Data Protection Directive (EC Directive 95/46/EC) and the Electronic Communications Privacy Directive (EC Directive/2002/58/EC.
8.2 Furthermore, OddsMatrix has adopted best practice when it comes to the principles of e-mail communication with Account Holders.
8.3 All the aforementioned is in place in order to assure Account Holders that at all times personal data is:
a) processed in accordance with the rights of the Account Holder concerned;
b) processed fairly and lawfully;
c) obtained only for a specific and lawful purpose;
d) adequate, relevant and not excessive to its purpose;
e) accurate and updated;
f) kept in a secure manner;
g) not kept longer than is necessary for its purpose;
h) not transferred to jurisdictions not adhering to the aforementioned Directives; and
i) is utilised for marketing purposes based on the so called opt-in principle.
8.4 OddsMatrix discloses personal data when ordered to do so by order of the Governing Authorities and/or under provision in the Governing Law. For fraud detection and control purposes you agree that OddsMatrix has the right to transfer your personal data to third parties, including so-called AVS service providers and other partners.
Furthermore, OddsMatrix reserves the right to disclose personal data to relevant recipients when OddsMatrix has reasonable grounds to suspect irregularities that involve an OddsMatrix Account.
8.5 The Account Holder has the right to require access to the Account Holder's own personal data and/or has the right to correct and/or erase wrong and/or inappropriate data.
8.6 Cookies, tags and other identifiers (“cookies”)
The OddsMatrix website works by using cookies for the following purposes:
To identify the Account Holder’s preferred language and other customizations so it is automatically selected when the Account Holder returns to OddsMatrix. This would include e.g., odds format and time zone
To ensure bets the Account Holder places are associated with the Account Holder’s betting coupon and account
To ensure the Account Holder receives any bonuses the Account Holder is eligible for
For analysis of OddsMatrix website traffic to allow us to make suitable improvements
Please be aware that it is not possible to use the OddsMatrix site without cookies. If additional information about OddsMatrix's use of cookies is requested, please email support@pepegames.com.
9. Responsible Gaming
9.1 Internet gaming has become an entertainment of high relevance. Gaming is exciting and entertaining but Gaming also involves risks. OddsMatrix takes the issue of responsible gaming very seriously and implements guidelines for the prevention of gaming addiction. OddsMatrix does do not accept underage gamblers. OddsMatrix makes every effort to avoid advertising which could attract underage individuals to play for money. It is made clear to customers that they are subject to their respective national legal requirements regarding the necessary minimum age. At any time OddsMatrix customers have the possibility of:
• closing their account
• set financial limits on wagers and losses
• unsubscribing from all forms of advertising (newsletter etc.)
• set limits on playing session time/s
• self exclude for a definite or indefinite period of time by contacting our customer service department.
Even though OddsMatrix does its very best for the information and the help of problem gamblers there are a number of well known and qualified institutions that could be contacted using the following help lines or web pages.
Gambling Therapy
Gamcare
Gordon House Association
10. Complaints
10.1 PepeGames and ODDSMATRIX do their best to provide a quality product and service to the Account Holders, notwithstanding this effort there may be times when an Account Holder is not satisfied with our offerings or his expectations have not been met. In this event the Account Holder is to send an email to support@pepegames.com or contact one of our customer support. We take your complaints seriously and will endeavour to resolve complaints in a timely and efficient manner.
10.2 Should an Account Holder feel that their complaint has not been resolved satisfactorily they may communicated directly with the Lotteries and Gaming Authority of Malta who are responsible for regulating our online gaming activity. You may contact them directly by email on complaints@lga.org.mt
We suggest that you only communicate serious matters to the Authority.
| Version N° 1.5 |
Version Date 24th of June 2009 |
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