Terms and Conditions

Contents

Gambit – General Terms: User Version

THESE TERMS CONTAIN IMPORTANT INFORMATION WHICH IS LEGALLY BINDING – PLEASE READ THEM CAREFULLY.

1. Introduction

1.1. These terms, together with our Acceptable Use Policy and Privacy Policy (which are each hereby incorporated by reference) (together, ‘Terms’) govern all use of the betting platform (‘Platform’) provided by Gambit Research Limited (‘Gambit’, ‘we, ‘us’ and/or ‘our’) via the website at api.mollybet.com (‘Website’).

1.2. By using the Platform, and the software comprised in the Platform (“Software”) you represent that you have read, understood and agree to be bound by these Terms.

2. Nature of the Platform

2.1. The Platform gives you, the authorised user, (‘you’) access on an aggregated basis to those accounts which you have with certain third party betting operators. (“Bookmakers”) details of which you give to Gambit. You therefore agree that you are fully responsible and liable for the management and maintenance of all such betting accounts held by you, for the checking and verification of all betting transactions (“Bets”) into which you enter with those Bookmakers, including their status and accuracy, and for all aspects of Bet selection. You agree (i) that we have no responsibility or liability in any of these respects and (ii) that we shall provide you with no advice, recommendation or other guidance relating to betting, betting accounts or otherwise.

2.2. All Bets are between you and the Bookmakers only and Gambit is not, and will not, under any circumstances be a party to those Bets. Gambit does not act as, or hold itself out as, a bookmaker, betting operator, betting intermediary or betbroker.

2.3. It is your responsibility to open an account with the relevant bookmakers and to establish their identity, suitability and creditworthiness. Access to your accounts with the Bookmakers via the Platform does not indicate any recommendation, endorsement or approval by Gambit.

3. Account Information

3.1. You represent and undertake that:

  1. Your use of the Platform will not breach any law, regulation, code of conduct, code of practice or any obligation to any third party;
  2. if you are an individual, you represent and confirm that you are at least 18 years of age, you are of sound mind and fully capable of entering into binding legal agreements.

3.2. We are under no obligation to permit any entity or person to use the Platform and we reserve the right to refuse anyone permission to use the Platform in our absolute discretion.

3.3. You will keep all account information, including user name(s) and passwords(s), secure and strictly confidential. You agree to notify us immediately if you become aware of any unauthorised use of the Platform.

4. Use of the Platform

4.1. You undertake to use the Platform for legitimate betting purposes only and strictly in accordance with these Terms. You may not use the Platform if use would be illegal in the jurisdiction in which you are located.

4.2. You are fully responsible and liable for all Bets and for all related profits, losses and other liabilities, including (without limitation) choice of Bets, accuracy, amounts staked and setting and/or compliance with applicable betting limits. You understand and accept that you may lose money on Bets and that you bear full responsibility for all and any losses. Gambit will under no circumstances be liable for such losses.

4.3. You are responsible for understanding the content and operation of the Platform, including the functionality of the Software.

4.4. You agree that you will:

  1. provide us with all co-operation and assistance required in relation to the provision of the Platform and the investigation of any interruptions, faults, outages or security issues;
  2. provide us with all data and other information reasonably required in relation to these Terms, including security access information and software interfaces to any relevant business applications, and ensure that all information provided is true, accurate, complete and not misleading in any material respect; and
  3. carry out your obligations in a timely and efficient manner and notify us immediately of any breaches or suspected breaches.

4.5. Should you fail to perform any such obligations then we will not be liable for any delay, loss or damage arising from such failure or from reliance on information or materials provided by you.

5. Reliance on Platform Data

5.1. The information available via the Platform relating to the indicative price and volume offered by the Bookmakers (‘Offer(s)’) is provided on an “as is” basis and Gambit makes no representations and gives no warranties in respect of the accuracy of that information.

5.2. You accept that Gambit shall have no liability for inaccuracies in Offers. You accept that all Offers are invitations only, so that we are not able to guarantee the availability or currency of the Offer when you come to execute the Bet.

6. Suspension of Platform & Maintenance

6.1. We reserve the right to limit, suspend or terminate access to the Platform without liability:

  1. if we consider it reasonably necessary to protect your or our interests, or the interests of any third party (including our clients) and/or to protect the security or operation of the Platform or Gambit’s systems or network or those of our clients;
  2. if you breach any of these Terms or if we reasonably believe you have so breached or are about to breach;
  3. if you fail to cooperate with us regarding any suspected or actual breach of these Terms; or
  4. if required to do so by law or further to a request from any regulatory or governmental authority.

6.2. We may suspend all or any part of the Platform for the purpose of repair, maintenance or improvement. We shall provide you with reasonable advance notice of suspensions wherever possible and use reasonable endeavours to keep any such suspensions to a minimum. If we suspend owing to defect or compromise on your part, the suspension will not be lifted until the default is rectified to our reasonable satisfaction.

7. Exclusions

7.1. You recognize and accept that owing to the nature of the Platform we cannot promise that it will be error-free, immune from security risks or available on an uninterrupted basis. We will use all reasonable endeavours to maintain the accuracy and availability of the Platform but we cannot provide any warranty in those respects.

7.2. You agree and accept that we will have no liability for any bugs, defects or other errors in the Platform (including the Software). [Notwithstanding the foregoing, you specifically agree that we shall have no liability in respect of any losses (including without limitation any gambling losses) you may incur as a result of your reliance upon any Platform data (including without limitation any incorrect notification of rejection or non-execution of any transaction) unless you first request us to check the accuracy of the said data and we negligently confirm it as accurate. Any such liability shall nevertheless be subject to the limitations and exclusions set out in clause 10 below.]

7.3. You agree and accept that we will have no liability in respect of any failure or delay by you in respect of (i) the management and maintenance of your betting accounts, including (without limitation) any failure to ensure the availability and sufficiency of funds, (ii) the checking and verification of all Bets, including (without limitation) as to their status and accuracy, and/or (iii) any other aspect of Bet selection. You acknowledge and accept that you have access to your betting accounts other than via the Platform and you agree you are responsible for regularly monitoring and checking all aspects of your betting activity by those other means.

7.4. We are not responsible for unauthorized access to your data or the unauthorized use of the Platform [unless the unauthorized access or use results from our failure to meet our reasonable security obligations].

8. Ownership

8.1. The Platform is the property of Gambit, including (without limitation) all rights in data, database rights, intellectual property rights and related content with the exception of all information relating to Offers. You have no rights in, or to, the Platform or the Software other than the limited right of usage set out in clause 4 above.

8.2. You represent and undertake that, except as may be permitted under applicable laws or expressly agreed by us, that you will not:

  1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform or any related or associated documentation (“Documentation”) (as applicable) in any form or media or by any means; or
  2. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
  3. access all or any part of the Platform and/or Documentation in order to build a product or service which competes with the Platform and/or the Documentation; or
  4. use the Platform to provide services to third parties; or
  5. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Platform (or any part thereof) available to any third party; or
  6. attempt to obtain, or assist third parties in obtaining, access to the Platform, other than via an agreement with us.

9. Indemnity

You agree to defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Platform and/or your breach or non-compliance with these Terms.

10. Limitation

10.1. Except as expressly and specifically provided in these Terms all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded.

10.2. Nothing in this Agreement excludes liability (i) for death or personal injury caused by our negligence; (ii) for fraud or fraudulent misrepresentation, or (iii) which we may not exclude under applicable law.

10.3. You agree that (i) you are an authorised user only, (ii) your rights to use the Platform derive solely from the rights of the Gambit account holder under whose authority you are issued with a username and password (‘Account Holder’), (iii) Gambit’s sole liability shall be to the Account Holder, and (iv) you will have no rights against Gambit, contractual or otherwise, and you hereby expressly waive all such rights. Without prejudice to the foregoing and subject to clauses 10.2 and 10.3:

  1. Gambit shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits (direct or indirect), loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising; and
  2. Gambit’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, to the Account Holder (including all authorised users) shall be limited to: (i) £50,000 (fifty thousand pounds sterling), or (ii) the total Fees paid by you in the 6 months immediately prior to the event or incident giving rise to the claim; whichever is the lower.

11. Termination

11.1. Without prejudice to any other rights we may have, we may terminate your access to the Platform immediately and without liability in any circumstances including if you:

  1. breach any of the terms of the Acceptable Use Policy;
  2. commit a material breach of any of these Terms which is not remediable or which (if remediable) fails to be remedied within 30 days of written notice of the breach;
  3. cease to be able to pay your debts as they fall due or if you enter into insolvency or administration proceedings, make an arrangement with creditors, or take or suffer any similar or analogous action in any jurisdiction; or
  4. provide to us any false, misleading or otherwise inaccurate information.

12. Privacy

The personal information you provide to us will be processed in accordance with our Privacy Policy.

13. Confidentiality

13.1. You agree to keep secret any confidential information received from us, namely any information which is confidential in nature or is marked as such, including information and material relating to our business, financial information, betting information and history, intellectual property rights, business processes, supplier relationships, client details and activities under these Terms (‘Confidential Information’). For the avoidance of doubt, the Platform and the Software (including all related information and data) are confidential.

13.2. You agree not disclose to disclose any Confidential Information to any third party without our prior written consent, to store all Confidential Information in a secure place when not in use and safeguard Confidential Information in a manner no less secure than that you apply to your own confidential information of the same or similar nature, and to use the Confidential Information only for the purpose of using the Platform in accordance with these Terms.

13.3. Confidential Information will not include information that you can demonstrate on reasonable grounds (i) was previously known by you without any obligation to hold it in confidence, (ii) is independently developed by you without reference to the Confidential Information; (iii) is or becomes available to the public through no breach of these Terms; (iv) is required to be disclosed by law, regulations, valid order of a court or other governmental body, provided that you will use commercially reasonable efforts to notify us in advance of such required disclosure; or which is lawfully received, without restriction, against disclosure, from a third party free to disclose such information.

14. Force majeure

We shall have no liability for any delays or failures which result from circumstances beyond our reasonable control.

15. Amendments

We reserve the right to make changes to these Terms at any time. It is therefore your responsibility to check these Terms from time to time to ensure that you agree with them, and your continued use of the Platform and the Software will be deemed to be your acceptance of any changes we may make.

16. Assignment

The rights granted under these Terms are personal to you and you may not sell, assign, delegate, subcontract, mortgage, charge or otherwise transfer any or all of your rights and obligations without our prior written agreement. Gambit may at any time assign, novate, delegate, subcontract, mortgage, charge or otherwise transfer any or all of its rights and obligations under this Agreement without your consent.

17. Entire agreement

You confirm that you have not entered into these Terms on the basis of any representation that is not expressly set out herein. Nothing hereby excludes liability for fraud.

18. Severance

If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms.

19. Law and jurisdiction

These Terms (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms) shall be governed by and construed in accordance with English law. The Parties agree that the English Courts shall have exclusive jurisdiction to hear and settle any action, suit, proceeding or dispute in connection with these Terms and irrevocably submit to the jurisdiction of such court.

Gambit – API Terms & Conditions

1. Introduction

1.1. These API terms and conditions, together with those set out in the accompanying API Terms Sheet (together, ‘API Terms’) comprise the terms which govern your access to and use of the application programming interface and any related data, images, text, information or other content owned by Gambit (together, ‘Gambit API’) contained on or made available via the betting platform (’Platform’) provided by Gambit via the website at www.mollybet.com (‘Website’). References to ‘Gambit’, ‘we, ‘us’ and/or ‘our’ are references to Gambit Research LLP and references to ‘you’ or ‘your’ are references to you, the applicant or user.

1.2. By applying for and/or accessing or using the Gambit API, you (i) agree that you have read, understood and agree to be bound by these API Terms, and (ii) acknowledge that you have independently evaluated the Gambit API, satisfied yourself as to its suitability, and that you have not relied on any representation or statement in this regard other than as set out in these API Terms.

1.3. Your use of the Platform is governed by our General Terms which are hereby incorporated and which you agree to comply with.

2. Warranties

2.1. You hereby warrant and undertake that:

  1. you are authorised and legally entitled to enter into an agreement with us on these API Terms and that in doing so you will not breach any law, regulation, code of conduct, code of practice or any obligation to any third party;
  2. if you are an individual, you represent and confirm that you are at least 18 years of age, you are of sound mind and fully capable of entering into binding legal agreements;
  3. you will comply with all applicable laws, regulations and other requirements, including any requirements or guidelines provided by us, and you shall exercise the degree of skill and care which would be reasonably expected of a skilled and experienced contractor acting dutifully;
  4. you will provide complete and accurate information about you and users authorised by you (‘Authorised Users’) and keep that information up to date at all times and ensure that Authorised Users comply with these API Terms at all times; and
  5. you will at all times act in good faith and in the best interests of Gambit.

3. Licence

3.1. In consideration of your payment of the fees set out in the API Terms Sheet (‘Fees’) and subject to your compliance with these API Terms, we hereby grant you a limited, revocable, non-transferable, non-sub-licensable, non-exclusive license to access and use the Gambit API, only for your own internal purposes in relation to integrating your software with the Platform to enable you to use the Platform in a fully automated way (the ‘Permitted Purpose’). For these purposes, ‘internal’ means (i) your own personal use if you are an individual and, (ii) if you are a company, partnership or other organization, use only by employees or other authorized users within your organization.

3.2. Gambit may also at its discretion provide you with third party information, data and other content, including betting data information, such as bookmakers limits, prices and other information (‘Third Party Data’) in relation to your use of the Gambit API pursuant to clause 3.1 above. Any such Third Party Data (i) shall be provided on an “as-is” basis only (without any warranties or representations on the part of Gambit), and (ii) must be used only in relation to your use of the Gambit API in accordance with the Permitted Purpose. For the avoidance of doubt, your use of the Third Party Data shall be subject to all restrictions hereunder which apply to the Gambit API.

3.3. Gambit may also make available information, specifications, supporting materials and other data and requirements describing the operational and functional capabilities, use limitations, technical and engineering requirements, and testing and performance criteria relevant to the proper use of the Gambit API (collectively, "Specifications") and you shall at all times access and use the Gambit API in accordance with the Specifications.

3.4. Without prejudice to clauses 3.1-3.3 above, you agree that you will not under any circumstances (without our prior written consent):

  1. disclose or make available the Gambit API (or any part thereof) to any third party;
  2. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit the Gambit API;
  3. use the Gambit API to provide services to any third party;
  4. enable or assist the use of the Gambit API by any third party;
  5. infringe the rights of any third party, including intellectual property or data rights, or breach any obligation owed to any third party;
  6. create any software or other application for use with or in connection with the Gambit API, save for any required for the Permitted Purpose;
  7. do or omit to do anything which has or is likely to have a detrimental impact on the performance of the Platform;
  8. use any Gambit trademarks or brand names; or
  9. use the Gambit API in any other way which is prejudicial to the interests of Gambit.

3.5. You will keep all account information, including user name(s) and passwords(s), (‘Account Details’) secure and strictly confidential and employ reasonable security processes to that end. The Account Details are personal to you and may not be assigned, transferred, sub-licensed or disclosed to any third party without our prior written consent. You agree to notify us immediately if you become aware of any unauthorised use of the Account Details. You will be liable for all activities and/or transactions carried out using your Account Details.

4. Fees and Payment

4.1. You agree to pay the fees in accordance with the payment requirements set out in the API Terms Sheet (“Fees”).

4.2. All payment of Fees must be made in full (and without deduction, set-off or withholding) in cleared funds by the specified payment dates. In the event that you fail to pay any amount on the due date, we shall be entitled (without prejudice to any other rights and remedies) to suspend your Account Details and/or your use of the Gambit API, charge interest on the overdue amount at the rate of 4% above the base rate of NatWest Bank PLC until payment is received in full, and/or require the immediate payment of the full outstanding balance of the Fees.

4.3. Any dispute relating to Fees must be raised within 14 days of receipt of our invoice, failing which the invoice shall be deemed accepted and any right of dispute waived. In order to dispute any part or parts of an invoice, you must first pay any undisputed portion(s).

4.4. We may, in our discretion, require you at any time to pay a deposit, make payment on account or provide a form of guarantee as security for the payment of amounts due under these API Terms.

5. Ownership

5.1. The Gambit API is the property of Gambit, including (without limitation) all intellectual property rights, data rights and database rights therein. You have no rights in relation to the Gambit API other than the limited right of use set out in clause 3 above.

5.2. Any third party rights comprised in or relating to the Gambit API, including without limitation all rights relating to the Third Party Data, shall belong to the applicable third party owner. Nothing in these API Terms shall be construed as granting you any right or licence in relation to third party materials or content and Gambit gives no warranty or assurances in that respect. Any such right or licence must be obtained from the third party owner concerned, subject to payment by you of any applicable fees and expenses.

5.3. You represent and undertake that, except as may be permitted under applicable laws or expressly agreed by us in relation to the Permitted Purpose, that you will not:

  1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Gambit API or any related or associated documentation (“Documentation”) (as applicable) in any form or media or by any means; or
  2. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Gambit API.

6. Indemnity

6.1. You agree to defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with (i) allegations of infringement of third party intellectual property rights arising through your use of the Gambit API, and/or (ii) your breach of these API terms, including the breach by your employees, agents, sub-contractors or other authorised third parties.

6.2. If we become aware of any claim relating to the aforementioned indemnity, we shall give you prompt notice of the claim and provide you (at your cost) with reasonable co-operation in the defence and settlement of the claim. You shall have the sole authority to defend or settle the claim, save that you will obtain the prior written consent of Gambit before settling any claim where it may have any implication, financial or otherwise, for Gambit.

7. Limitation

7.1. This clause sets out our entire financial liability (including any liability for the acts or omissions of our employees, officers, agents and sub-contractors) to you in respect of (a) any breach of these API Terms; (b) any use made by you of the Gambit API, Third Party Data or any parts of thereof; and (c) any representation, statement or tortious act or omission (including negligence).

7.2. Except as expressly and specifically provided in these API Terms all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded. You acknowledge and accept that (except as expressly provided in these API Terms) the Gambit API and the Third Party Data are provided "as is" without warranties of any kind (whether express or implied).

7.3. Nothing in this Agreement excludes liability (a) for death or personal injury caused by our negligence; (b) for fraud or fraudulent misrepresentation, or (c) which we may not exclude under applicable law.

7.4. Subject to clauses 7.2 and 7.3:

a) Gambit shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for (i) any loss of profits (direct or indirect), loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or (ii) for any special, indirect or consequential loss costs, damages, charges or expenses however arising; and

b) Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the Gambit API, the Third Party Data and/or our performance or contemplated performance of these API Terms shall be limited to: (i) £50,000 (fifty thousand pounds sterling), or (ii) the total Fees paid by you in the 6 months immediately prior to the event or incident which gives rise to the claim; whichever is the lower.

8. Termination

8.1. Either party will have the right to terminate the contract by giving at least 14 days’ notice in writing to the other party.

8.2. Without prejudice to any other rights we may have, we may terminate our agreement with you immediately without liability to you.

8.3. Without prejudice to any other rights or remedies, either you or we may terminate our Agreement without liability if:

  1. the other commits a material breach of any of these API Term Sheet which is not remediable or which (if remediable) fails to be remedied within 30 days of that party being notified in writing of the breach; or
  2. an order is made or a resolution is passed for the winding up of the other party, or circumstances arise which entitle a court of competent jurisdiction to make a winding-up order in relation to the other party, or an administrator or receiver is appointed over the affairs or assets of the other party (or an application is made therefor) or if the other party makes an arrangement with its creditors, ceases or threatens to cease to trade or takes or suffers any similar or analogous action in any jurisdiction.

8.4. Upon termination of the Agreement for any reason:

  1. unless otherwise agreed by us in writing, you may make no further use of the Platform, the Software or any other Gambit property;
  2. you shall return to us and make no further use of any equipment, property, materials and other items (and all copies of them) belonging to us;
  3. we may destroy or otherwise dispose of any of your, or your Clients’ data; and
  4. your or our accrued rights as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced.

9. Privacy

Each of us agrees to comply with our obligations under the Data Protection Act 1998, as that Act applies to each of our activities under these API Terms and/or the provision and use of the Gambit API. The personal information you provide to us will be processed in accordance with our Privacy Policy [LINK].

10. Confidentiality

10.1. Each of us (the ‘Recipient’) agrees to keep secret any confidential information received from the other (the ‘Disclosing Party’), namely any information which is confidential in nature or is marked as such, including information and material relating to the Disclosing Party’s business, financial information, betting information and history, intellectual property rights, business processes, supplier relationships, client details and activities under these API Terms (‘Confidential Information’). For the avoidance of doubt, the Gambit API and the Third Party Data (including all related information and data) are confidential.

10.2. We each agree not to disclose any Confidential Information to any third party without the prior written consent of the Disclosing Party, to store all Confidential Information in a secure place when not in use and safeguard Confidential Information in a manner no less secure than those we respectively apply to our own confidential information of the same or similar nature, and to use the Confidential Information only for the purposes of performing our obligations under these Terms.

10.3. Confidential Information will not include information that the Recipient can demonstrate on reasonable grounds (i) was previously known by the Recipient without any obligation to hold it in confidence, (ii) is independently developed by the Recipient without reference to the Confidential Information; (iii) is or becomes available to the public through no breach of these Terms; (iv) is required to be disclosed by law, regulations, valid order of a court or other governmental body, provided that the Recipient will use its commercially reasonable efforts to notify the Disclosing Party in advance of such required disclosure; or which is lawfully received, without restriction, against disclosure, from a third party free to disclose such information.

11. Force majeure

We shall have no liability for any delays or failures which result from circumstances beyond our reasonable control.

12. Amendments

We may amend the API Terms by posting the amended terms on the Website. Amendments shall automatically come into effect 30 days after being posted on the Website unless you notify us that you do not agree to any of the proposed amendments.

13. Assignment

The rights granted under these API Terms are personal to you and you may not sell, assign, delegate, subcontract, mortgage, charge or otherwise transfer any or all of your rights and obligations without our prior written agreement. Gambit may at any time assign, novate, delegate, subcontract, mortgage, charge or otherwise transfer any or all of its rights and obligations under this Agreement without your consent.

14. Entire agreement

You confirm that you have not entered into these API Terms on the basis of any representation that is not expressly set out herein. Nothing hereby excludes liability for fraud.

15. Severance

If any provision of these API Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these API Terms and rendered ineffective as far as possible without modifying the remaining provisions, and shall not in any way affect any other circumstances of or the validity or enforcement of these API Terms.

16. Law and jurisdiction

These API Terms (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these API Terms) shall be governed by and construed in accordance with English law. The Parties agree that the English Courts shall have exclusive jurisdiction to hear and settle any action, suit, proceeding or dispute in connection with these API Terms and irrevocably submit to the jurisdiction of such court.

Gambit – Acceptable Use Policy

This Acceptable Use Policy (AUP) governs your use of Gambit’s Platform available via the website mollybet.com. Unless otherwise indicated, capitalised terms not defined in this document shall bear the definitions set out in our general terms.

By using or applying for use of the Platform, you agree to abide by the terms of this AUP, which is incorporated into any agreement between you and Gambit.

Prohibited Uses – Overview

You may use the Platform only for lawful purposes. You may not use it:

  • in any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • for the purpose of harming or attempting to harm anyone, including minors, or in any manner which will, or is likely to, infringe the personal rights of others;
  • in any manner that will, or is likely to, infringe the copyright, trademark, trade secret or other intellectual property rights of others;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • in connection with any defamatory, indecent, obscene, offensive, threatening or abusive conduct or activity;
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, bots, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
  • in any way that is inconsistent with our Terms.

Specific Prohibitions

Without prejudice to the generality of the principles set out above, unacceptable use includes, but is not limited to, the following:

  • use which causes damage, detriment or disruption to our business, including the Platform, and/or the business or activities of our clients, or which may generate or create any liability for us or our clients.
  • use of the Platform to manipulate a market in a way that is linked to a sports event that is played to a completely or partially pre-determined result (i.e. use relating to match-fixing).
  • use of the Platform to bet against any sports team in which, either directly or indirectly, you have an interest, e.g. as employee, director, chairman or shareholder.
  • use of any methods or techniques for extracting data from the Platform without our consent (e.g. data scraping or data mining).
  • deceptive practices or ways of working.
  • actions that restrict or inhibit anyone in their use or enjoyment of the Platform.
  • causing or attempting to cause security breaches or disruptions of Internet communications (e.g. accessing data of which you are not an intended recipient, or logging into a server or account that you are not expressly authorized to access).
  • executing any form of network monitoring that will intercept data not intended for you.
  • circumventing user authentication or security of any host, network or account.
  • interfering with or denying service to any user (e.g., denial of service attack).
  • using any programme/script/command, or sending messages of any kind, designed to interfere with, or to disable a user's terminal session.
  • furnishing false or incorrect data of any kind.
  • sending junk mail or other advertising material to individuals who did not specifically request such material.
  • exporting or re-exporting data or content in violation of export or import laws or without all required approvals, licenses and exemptions.

Enforcement

Gambit will determine, in its discretion, whether there has been a breach of this AUP by you. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this AUP constitutes a material breach of the Terms, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use the Platform.
  • Immediate, temporary or permanent removal of any data, content or other material provided by you.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement and other regulatory authorities.

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

Changes to this Policy

We may revise this acceptable use policy at any time by amending this page. It is therefore your responsibility to check this policy from time to time to ensure that you agree with it, and your continued use of the Platform and the Software will be deemed to be your acceptance of any changes we may make to this policy.

Waiver and Severance

Any failure or delay in exercising or enforcing this policy shall not constitute a waiver of this policy or of any other right or remedy.

Questions?

If you have any questions concerning compliance with this AUP, please contact Gambit at info@mollybet.com.

Gambit – Privacy Policy

Who we are

We, Gambit Research Limited, are committed to protecting and respecting your privacy.

This policy (together with our General Terms and Acceptable Use Policy) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is Gambit Research Limited. We are a limited liability company, registered in England and Wales, with registered office at Colet Court, 100 Hammersmith Road, London, W6 7JP.. Our nominated representative for the purpose of the Act is Patrick Mackenzie-Charrington.

Information we may collect from you

We may collect and process the following data about you:

  • Information that you submit to us, including information submitted via our website at mollybet.com (our ‘Website’) and/or our platform available via the Website (‘Platform’). This includes information provided at the time of registering to use our Website or our Platform. We may also ask you for information when you report a problem and we may record any telephone calls with you.
  • If you contact us, we may keep a record of that contact and any related correspondence (including emails).
  • Details of transactions you carry out through our Platform.
  • Details of your visits to our Website (including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise) and the resources that you access.

IP addresses and cookies

We will collect information about your use of our Platform, including where available your IP address, operating system and browser type, for system administration and reporting purposes.

We may obtain information by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our Website and Platform and to deliver a better and more personalised service. They enable us to identify you, monitor your usage of the Platform and to recognise you when you return to our Website.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our Website.

Where we store your personal data

The data that we collect from you may, if necessary, be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. By submitting your personal data, you agree to this transfer, storing or processing.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. We capture your personal data over a secure link using recognised industry standard Secure Sockets Layer (SSL) technology which encrypts the data whilst passing it over the internet. This will be indicated on most browsers by a lock in the status bar at the bottom of the screen. Firewalls are also used to block unauthorised traffic to the servers. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Uses made of the information

We use information held about you in the following ways:

  • To ensure that our Platform is presented in the most effective manner for you and for your computer.
  • To provide you with access to our Platform and/or to provide any services we agree to provide (if any).
  • To carry out our obligations arising from any contracts entered into between you and us.
  • To monitor and verify your use of the Platform and any payments owing to us.
  • To provide any support and maintenance of our Platform, including routine maintenance, upgrades and other changes to the Platform.
  • To notify you about changes to our Website and Platform.

We may also use your data to contact you by email, post or telephone.

Disclosure of your information

We may disclose your personal information to third parties: In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets. If Gambit Research Limited or substantially all of its assets are acquired by a third party, in which case personal data held by us will be one of the transferred assets. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, governmental or regulatory authorities or to protect the rights, property, or safety of Gambit Research Limited, our clients, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Other than the instances listed above, we will not disclose your personal information to third parties without your consent.

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a reasonable fee to meet our costs in providing you with details of the information we hold about you.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to douglas@gambitresearch.com.