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1 General Terms

Contens:

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 Colet Systems Limited (‘Colet Systems’, ‘we, ‘us’ and/or ‘our’) via the website at MollyBet (‘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 Colet Systems. 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 Colet Systems is not, and will not, under any circumstances be a party to those Bets. Colet Systems 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 Colet Systems.

3 Account Information​

  • 3.1. You represent and undertake that:

    • Your use of the Platform will not breach any law, regulation, code of conduct, code of practice or any obligation to any third party;
    • 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. Colet Systems 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:

    • 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;
    • 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
    • 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 Colet Systems makes no representations and gives no warranties in respect of the accuracy of that information.

  • 5.2. You accept that Colet Systems 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:

    • 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 Colet Systems’s systems or network or those of our clients;
    • if you breach any of these Terms or if we reasonably believe you have so breached or are about to breach;
    • if you fail to cooperate with us regarding any suspected or actual breach of these Terms; or
    • 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 Colet Systems, 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:

    • 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
    • attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
    • 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
    • use the Platform to provide services to third parties; or
    • 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
    • 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 Colet Systems account holder under whose authority you are issued with a username and password (‘Account Holder’), (iii) Colet Systems’s sole liability shall be to the Account Holder, and (iv) you will have no rights against Colet Systems, 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:

    • Colet Systems 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
    • Colet Systems’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:

    • breach any of the terms of the Acceptable Use Policy;
    • 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;
    • 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
    • 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. Colet Systems 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.