Terms and Conditions of Play
1 Acceptance of our Terms
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website clubpools.com ("our site"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them in all matters relating to our site, including the participation of any game available on our site. If you do not agree to these terms of use, please refrain from using our site.
2 Information about us
2.1 clubpools.com is a site owned and operated by Netted Limited (We). We are registered in England and Wales under company number 04384920 and have our registered office at 16 High Street, Axbridge, Somerset BS26 2AF. We are a limited company.
2.2 We are licensed and regulated by the Gambling Commission (licence number 000-028878-R-310773-001)
3 Accessing our site
3.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
3.2 Access to our site is strictly for users over the age of 18 and you confirm that by opening a player account with us, you are aged 18 or over. By opening a player account with us you authorise us to check with a third party the accuracy of the details you provide. This may include supplying the details that you have provided to authorised credit reference agencies.
3.3 In some countries, accessing our games and services may be illegal. It is your responsibility to determine the law relevant to your country of access and to ensure that you are acting in accordance with that jurisdiction's laws. We accept no liability if you access our site and / or our services and are found to be in breach of the laws of the country in which you are present. If we believe your participation in any of the services we offer is in contravention of any law, we reserve the right to exclude your participation in our services and you will not be entitled to receive any prize winnings, if applicable.
3.4 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
3.5 We do not guarantee that all services will be available on our site at all times. Our site, and the services provided on it are provided on an "as available" basis. We do not guarantee that our services will be free from interruption.
3.6 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
3.7 When using our site, you must comply with the provisions of our acceptable use standards set out at paragraph 11.
3.8 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
4 Your account with us
4.1 To be able to access our services and participate in any game, you must register with us and open a player account.
4.2 When you open an account with us, we will ask you for certain information, such as your email address, which will be held in accordance with our privacy policy. It is your obligation to keep the information up to date as we will contact you using the information that we have for you.
4.3 When you open an account with us, you will set up a username and password. It is your responsibility to keep your username and password secret. We will treat all transactions using the username and password correctly as transactions validly made by you. We reserve the right to treat any transactions using incorrect details as void.
4.4 If you forget your username or password, follow the instruction on our site to set up new details.
5 Deposits and withdrawals
5.1 To be able to participate in the games that we offer as part of our services, you will need to deposit funds into your player account by following the instructions on our site.
5.2 You can make payments into your player account using VISA or MasterCard credit cards and Switch/Maestro, Delta, Electron and debit cards, subject to any maximum weekly limit which we may apply at our discretion. The name and address of the cardholder must be the same as that of the player account holder.
5.3 The minimum deposit is £5 and you can only stake up to the amount available in your player account.
5.4 Funds in your player account do not bear interest and are deemed to be advance payments for intended bets. Monies deposited with us are held in a normal bank account in the name of Netted Limited. We do not provide particular protection for the monies deposited in your player account in the event of our insolvency and such monies are not subject to special trust arrangements.
5.5 You may make withdrawals from your player account to the debit or credit card which you have registered with us. You will be contacted by email for winnings over any maximum withdrawal limit asking for your instructions regarding method of payment.
5.6 Where funds are withdrawn they will leave us at the close of business on the working day on which such transfer was requested and will be credited to the debit or credit card that you have registered with us (unless otherwise agreed). These funds will be subject to a clearance period determined by the card issuing bank (normally 3-5 working days).
5.7 If there has been no recorded transaction on your player account for a period of 24 consecutive months or more your account will be considered inactive (an "Inactive Account") and we will attempt to rebate all funds we hold in your player account at that time to the card then registered to the player account. If we are unable to do so for any reason, the Inactive Account will then be charged a monthly administrative fee of £2 or 5% of the balance of the account (whichever is the greater) (the "Inactive Account Fee") which shall be deducted from the account on the date that it becomes an Inactive Account and thereafter within 5 days of the 20th day of each following calendar month, whilst the account remains an Inactive Account.
5.8 Any personal and financial details that you provide to us are encrypted during transmission.
6 Acceptance of stakes
6.1 Stakes should only be placed by you as the account holder. Monies will be deducted from your account on our site at the time that the stake is placed.
6.2 In order for a stake placed via our site to be valid, you must receive confirmation from us that it has been received. The bet is deemed confirmed when it registers on your account details page. Once a bet has been confirmed, it cannot be cancelled, amended or reversed; accordingly, you should check your stake details carefully when submitting it to us.
6.3 We reserve the right to accept or decline all, or part, of any stake.
6.4 Despite every effort to ensure total accuracy, we do not accept responsibility for any errors or omissions in respect of information provided on our site. If an error is made in the prices or conditions published, we reserve the right to correct any mistakes and to settle any bets already laid at the correct price.
6.5 Where we believe that match-rigging has taken place or where the integrity of an individual event is called to question, we reserve the right to withhold payment and ultimately to declare bets involving that event void.
6.6 Any stake accepted in error for an event that has already taken place, or where betting has been suspended, will be void.
7 Payment of winnings
7.1 Returns due on your bets will be added to the balance of your Player Account once the relevant bet has been settled.
7.2 Monies will remain in your Player Account unless you submit an online request for the outstanding balance to be transferred to your debit or credit card in accordance with paragraph 5 above.
8 Intellectual property rights
8.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
8.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
8.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
8.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8.7 The UK fixture lists and official player, match and performance data available on our site are the copyright and database right of The Football Association Premier League Ltd / The Football League Ltd / The Scottish Premier League Ltd / The Scottish Football League. No part of this data may be reproduced, stored in a retrieval system or transmitted in any way or by any means (including photocopying, recording or storing it in any medium by electronic means) without the written permission of the intellectual property right owner. Applications for written permission should be addressed c/o Football DataCo Ltd, 30 Gloucester Place, London W1U 8PL.
9 Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
10 Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
11 Liability
11.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
11.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
11.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill; and
(g) wasted management or office time;
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
11.2 We cannot accept any responsibility for any damage, injury or disappointment suffered by any participant entering our site or utilising our services or as a result of accepting any prize.
11.3 You are responsible for reporting and paying any tax on your prize winnings and losses, if applicable.
11.4 We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure, technical problems or traffic congestion on the internet, telephone lines or at any website, or any combination thereof, including any injury or damage to the your or any other person's computer or mobile telephone related to or resulting from attempts to use our site.
11.5 We are not responsible for any events outside of our reasonable control.
11.6 Except under paragraph 11.7 below, and other than in respect of any winnings lawfully due to you in accordance with these terms and conditions and the rules of any game on the site, our maximum liability to you under these terms and conditions in relation to any one incident or series of related incidents is limited to our prevailing and published maximum withdrawal limit at that time.
11.7 Nothing in this paragraph 11 affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
11.8 Without prejudice to any other rights or remedies available to us, we may at any time set off any positive balance in your player account against any amount owed to us by you.
12 Information about you and your visits to our site
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
13 Acceptable Use
13.1 You may use our site only for lawful purposes. You may not use our site:
13.1.1 in any way that breaches any applicable local, national or international law or regulation;
13.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
13.1.3 for the purpose of harming or attempting to harm minors in any way;
13.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
13.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
13.1.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, 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.
13.2 You also agree not to access without authority, interfere with, damage or disrupt:
13.2.1 any part of our site;
13.2.2 any equipment or network on which our site is stored;
13.2.3 any software used in the provision of our site; or
13.2.4 any equipment or network or software owned or used by any third party.
13.3 We may from time to time provide interactive services on our site, including, without limitation chat rooms and bulletin boards ("interactive services").
13.4 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
13.5 We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
13.6 The use of any of our services by a minor is strictly prohibited. Please see our Responsible Gambling section for more information for parents who to protect their children from accessing our site.
13.7 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
13.8 The following content standards apply to any and all material which you contribute to our site ("contributions"), and to any interactive services associated with it.
13.9 Contributions must:
13.9.1 be accurate (where they state facts);
13.9.2 be genuinely held (where they state opinions); and
13.9.3 comply with applicable law in the UK and in any country from which they are posted.
13.10 Contributions must not:
13.10.1 contain any material which is defamatory of any person;
13.10.2 contain any material which is obscene, offensive, hateful or inflammatory;
13.10.3 promote sexually explicit material;
13.10.4 promote violence;
13.10.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
13.10.6 infringe any copyright, database right or trade mark of any other person;
13.10.7 be likely to deceive any person;
13.10.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
13.10.9 promote any illegal activity;
13.10.10 be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
13.10.11 be likely to harass, upset, embarrass, alarm or annoy any other person;
13.10.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
13.10.13 give the impression that they emanate from us, if this is not the case; or
13.10.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
(paragraphs 13.9 and 13.10 shall together be referred to as the "content standards")
13.11 You must comply with the spirit of the content standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
14 Viruses, hacking and other offences
14.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
14.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
14.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
15 Linking to our site
15.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
15.2 You must not establish a link from any website that is not owned by you.
15.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use standards set out at paragraph 14 above.
15.4 If you wish to make any use of material on our site other than that set out above, please address your request to info@clubpools.com.
16 Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
17 Jurisdiction and applicable law
17.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
17.2 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
18 Termination
18.1 We will determine, in our discretion, whether there has been a breach of our acceptable use standards through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
18.2 If we consider that you have failed to comply with these terms and conditions, or we reasonably believe that you may be involved in fraud, collusion or unlawful or improper activity (whether in respect of our site or any other website), we may take all or any of the following actions:
18.2.1 immediate, temporary or permanent withdrawal of your right to use our site (including your player account);
18.2.2 immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
18.2.3 issue of a warning to you;
18.2.4 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;
18.2.5 further legal action against you; and/or
18.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
18.3 Should we, in our discretion, withdraw your right to use your account in accordance with paragraph 19.2, we shall be able to suspend your access to your account balance, and, in our discretion and without limitation of any of our other rights or remedies, we shall recover such sums as may be appropriate to compensate for such breach.
18.4 You are entitled at any time to close your Player Account and terminate these Terms and Conditions on notice to us by email, telephone or post using the details on the Website. We will reply in a reasonable time, You remain responsible for activities using your Player Account until it is closed. You will be required to withdraw any outstanding balance in your Player Account on termination of these Terms and Conditions.
19 Variations
We may revise these terms of use at any time. We will publish any changes on our site and we will notify you of the same (by, at our sole discretion, e-mailing you and/or providing a prompt on our site and/or publishing a notice and the revised terms on our site). Your continued use of our site following notification will be deemed binding acceptance of any changes. If any change is unacceptable to you, you should not continue to use our site.
20 Contacting Us and Dispute Resolution
If we need to notify you under these Terms and Conditions, we will do so by email to the email
address registered to your Player Account. We may wish to transfer our rights or obligations or
sub-contract our obligations under these Terms and Conditions to another other legal entity. You
agree that we may do so provided that this will not adversely affect the standard of service you
receive under these Terms and Conditions. In the case of transfer only, after we notify you of the
date on which we will transfer our rights and obligations under these Terms and Conditions to
another legal entity, your only rights under or in connection with these Terms and Conditions will be
against the new legal entity and not against us. As set out in paragraph 18.4, you may terminate your
agreement with us at any time. These Terms and Conditions are personal to you. You may not
transfer your rights or obligations under these Terms and Conditions to anyone else. If you
breach these Terms and Conditions and we take no action against you, we will still be entitled to use
our rights and remedies in any other situation where you breach these Terms and Conditions. If
any part of these Terms and Conditions is disallowed or found to be ineffective by any court or
regulator, the other provisions shall continue to apply. These Terms and Conditions are not
intended to give rights to anyone except you and us. This does not affect our right to transfer these
Terms and Conditions under clause 18.2. The Website, the Services and these Terms and
Conditions are only available in the English language. Any complaint that you have will be dealt with
quickly and fairly as set out below. Stage One Contact our customer services team on 0800 0850062
from the UK and +44 (0) 845 600 6698 from outside or by email on help@clubpools.com
(mailto:help@clubpools.com). You will need to provide your name, address, email address, contact
telephone number, date of transaction and what your complaint relates to. The team will look into
your complaint and examine the relevant transaction. The reference will be your email address if
using that means of communication. The team will come back to you as soon as possible with a
solution. If you are not satisfied with the answer given under this Stage One, having informed us that
this is the case you should proceed as below. Stage Two – Alternative Dispute Resolution You can
contact the Independent Betting Adjudication Service (IBAS), whose contact details are given below,
and once your complaint has been submitted it will ask us to provide appropriate information. The
dispute will then be placed before an independent panel of betting experts who will recommend what
they believe is a fair settlement. IBAS will only deal with complaints about the bet itself and will
examine disputes concerning the correct return for a bet or whether it has been correctly struck. IBAS
cannot deal with complaints about service, which is a matter for our customer service team. IBAS
requires that you have already had a complaint looked at by our customer services before it will
adjudicate. IBAS PO Box 62639 London, EC3P 3AS Tel: +44 (0)20 7347 5883 Fax: + 44 (0) 20 7347
5882 email: adjudication@ibas-uk.co.uk (mailto:adjudication@ibas-uk.co.uk) website: www.ibasuk
21 Your concerns
21.1 If you have any concerns about material which appears on our site, please contact e-mail info@clubpools.com.
Thank you for visiting our site.