Terms of Use
1. Introduction
1.1. By using and/or visiting any section (including sub-domains) of the Matchplay.com website or any other websites or applications that we own (the“Website”&“App”) and/or registering on the Website/App, you agree to be bound by (i) these Terms of Use; (ii) our Privacy Policy ; (iii) the Rules applicable to our all products as further referenced at paragraph 2 below (together the "Terms"), and are deemed to have accepted and understood all the Terms and Rules.Please read the Terms carefully and if you do not accept the Terms, do not use the Website/App.
1.2. We may need to change the Terms from time to time for a number of reasons (including to comply with applicable laws and regulations, and regulatory requirements). All changes will be published on the Website/App. The most up-to-date Terms will be available on the Website/App. If any change is unacceptable to you, you should cease using the Website/App and/or close your account. If, however, you continue to use the Website/App after the date on which the changes to the Terms come into effect, you will be deemed to have accepted those changes.
1.3. Reference to "Matchplay", "We", "Us" or "Our" is reference to Matchplay’s corporate entities.
1.4. Reference to "you", "your" or the "customer" is reference to any person using the Website/App or the services of Matchplay and/or any registered customer of Matchplay.
1.5 Reference to "Username" is reference to any person who has registered on our website/App by using Phone number.
2. Service
2.1 Overview
The App provides an interactive web and mobile application/features containing live sports information in sporting events, sports scores in real time, final results, fixtures, line ups and sports statistics. The results, and other statistics information contained on the App, reflect information provided by other independent sources (from third parties) or by in-house effort or by various other official Apps. While every effort is made by the Provider to update the content and match results or other information displayed on the App regularly, we advise to double check information gathered on App also from other sources. The Provider is not responsible for the Visitor’s use of the results and other information contained on the App.
2.2 Register
2.2.1 You can download our Apps for different devices in the respective app store or use the Website. Registration is not required, but is required in order to use all functions, especially social media channels.
2.2.2 We offer various registration options to choose from.
2.2.3 To register, you are required to provide the requested data truthfully and completely, unless it is clearly marked as optional. You need to create a username and provide us with an email address so we can contact you.
2.2.4. You are obliged to update your information immediately should it change.
2.3 Payments and cancellation
2.3.1 Billing
You may purchase a Paid Subscription from Matchplay through Google Play or Apple In-App Purchase either by:
(a) paying a subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or
(b) pre-payment giving you access to the Matchplay Service for a specific time period ("Pre-Paid Period").
Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.
2.3.2 Price and tax changes
Matchplay may from time to time make changes to Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Matchplay Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect. Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
2.3.3 Renewal and Cancellation
With the exception of Paid Subscriptions for a Pre-Paid Period, your payment to Matchplay will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. You can cancel your Paid Subscription through Google Play or Apple In-App Purchase. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Matchplay Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.
3. Disclaimer
3.1 Matchplay does not accept any liability for any damages, liabilities or losses which are deemed or alleged to have arisen out of or in connection with the Website/App or its content (including delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person's misuse of the Website/App or its content or any errors or omissions in content).
3.2 While Matchplay endeavours to ensure that the information on the Website/App is correct, Matchplay does not warrant the accuracy or completeness of the information and material on the Website/App. The Website/App may contain typographical errors or other inaccuracies, or information that is out of date. Matchplay is under no obligation to update such material. The information and material on the Website/App is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Matchplay provides you with the Website/App on the basis that Matchplay excludes all representations, express or implied warranties, conditions and other terms which but for these terms of use might have effect in relation to the Website/App.
3.3 Matchplay shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for any of the following (whether incurred directly or indirectly):
(a) loss of profits;
(b) loss of business;
(c) loss of revenue;
(d) loss of opportunity;
(e) loss of data;
(f) loss of goodwill or reputation; or
(g) any special, indirect or consequential losses,
Whether or not such losses were within the contemplation of the parties at the date of these terms of use.
3.4 These terms of Use, the Privacy Policy, the Cookies Policy and any document expressly referred to in them and any guidelines or rules posted on the Website/App constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to their subject matter. You acknowledge and agree that in entering into and agreeing to these terms of use, the Privacy Policy, the Cookies Policy and any document expressly referred to in them and any guidelines or rules posted on the Website/App you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out therein. Nothing in this clause shall operate to limit or exclude any liability for fraud or fraudulent misrepresentation.
3.5 In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms of use or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.
3.6 The rights and remedies provided by these Terms of use are cumulative and (unless otherwise provided in these Terms of use) do not exclude any other rights or remedies available in law.
3.7 If any provision of these Terms of use is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms of use which shall remain in full force and effect.
3.8 You shall execute or cause to be executed all documents and do or cause to be done all further acts and things consistent with the terms of these Terms of use that Matchplay may from time to time reasonably require in order to vest in and secure to Matchplay the full benefit of rights and benefits to be transferred or granted to Matchplay under these Terms of use and for the protection and enforcement of the same and otherwise to give full effect to the terms of these Terms of use.
3.9 Nothing in these Terms of use shall create or be deemed to create a partnership, joint venture or principal-agent relationship between the parties and no party shall have authority to bind any other in any way unless expressly provided otherwise in these Terms of use.
3.10 Matchplay shall not be in breach of these terms of use nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control including (without limitation) any telecommunications network failures, power failures, failures in third party computer hardware or software, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity and acts of government or other competent authorities. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
3.11 Matchplay may assign, transfer, charge, sub-license or deal in any other manner with these terms of use, or sub-contract any of its rights and obligations under these Terms of use, to any party including any company within the Matchplay group.
3.12 Any notice to be given under these terms of use must be in writing in English and may be served by hand delivery, first class post, recorded delivery or registered post or airmail, email or fax to: (a) in the case of Matchplay , the address of the relevant Matchplay company as set out at the beginning of these Terms of use or as displayed on the Website/App; and (b) in respect of notices given by Matchplay to you, pursuant to the customer registration procedure (including any amendment to those details you have notified to Matchplay). Any notice shall be deemed to have been received: (a) if delivered by hand, at the time of delivery; (b) if sent by first class post, recorded delivery or registered post, at 09.30 (GMT) on the second clear day after the date of posting; (c) if sent by pre-paid registered airmail, at 09.30 (GMT) on the fifth clear day after the date of posting; (d) if sent by email, at the time of sending; and (e) if sent by fax, at the time of transmission by the sender.
3.13 The Appendices, the Privacy Policy, and any document expressly referred to in them and any guidelines or rules posted on the Website/App form an integral part of these Terms of use and shall have effect as if set out in full in the body of these Terms of use. In the event of any inconsistency between the main body of these Terms of use and the Appendices, the Privacy Policy, and/or any document expressly referred to in them and any guidelines or rules posted on the Website/App, unless stated otherwise, the main body shall prevail.
4. Software and Technology Issues
4.1 Your computer equipment or mobile device and internet connection may affect the performance and/or operation of the Website/App. Matchplay does not guarantee that the Website/App will operate without faults or errors or that the Matchplay services will be provided without interruption. Matchplay does not accept any liability for any failures or issues that arise due to your equipment, internet connection or internet or telecommunication service provider (including, for example, if you are unable to place bets or to view or receive certain information in relation to particular events).
4.2 For customers using Matchplay’s mobile sites for the placing of bets, please note that Matchplay will not be responsible for any damage to, or loss of data from the mobile device that the software is installed on, and will also not be responsible for any call, data or other charges incurred whilst using the software.
4.3 In order for you to use certain products offered on the Website/App you may need to download some software (for example, casino games that are made available via a flash player). Also, certain third party product providers may require you to agree to additional terms of use governing the use of their products. If you do not accept those third party terms of use, do not use the relevant third party software. Matchplay does not accept any liability in respect of any third party software.
4.4 You are only permitted to use any and all software made available to you via the Website/App for the purpose of using products on the Website/App and, save to the extent permitted by applicable law, for no other purposes whatsoever.
4.5 We hereby grant to you a personal, non-exclusive, non-transferable right to use the relevant software, for the sole purpose of using/playing products on the Website/App (including the online casino), in accordance with the following provisions.
(a) You are not permitted to: (i) install or load the software onto a server or other networked device or take other steps to make the software available via any form of "bulletin board", online service or remote dial-in or network to any other person; (ii) sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in these terms of use) your licence to use the software or make or distribute copies of the software; (iii) enter, access or attempt to enter or access or otherwise bypass Matchplay’s security system or interfere in any way (including but not limited to, robots and similar devices) with the relevant products or the Website/App or attempt to make any changes to the software and/or any features or components thereof; or (iv) copy or translate any user documentation provided 'online' or in electronic format. In addition, and except to the minimum extent permitted by applicable law in relation to computer programs (including, the purposes expressly permitted by Section 296A(1) or Section 50(B)2 of the Copyright Designs and Patents Act 1988), you are not permitted to: (a) translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the software; or (b) reverse engineer, decompile, disassemble, modify, adapt, translate, make any attempt to discover the source code of the software or to create derivative works based on the whole or on any part of the software.
(b) You do not own the software. The software is owned and is the exclusive property of Matchplay or a third party software provider company (the "Software Provider"). Any software and accompanying documentation which have been licensed to Matchplay are proprietary products of the Software Provider and protected throughout the world by copyright law. Your use of the software does not give you ownership of any intellectual property rights in the software.
(c) The software is provided "as is" without any warranties, conditions, undertakings or representations, express or implied, statutory or otherwise. Matchplay hereby excludes all implied terms, conditions and warranties (including any of merchantability, satisfactory quality and fitness for any particular purpose). Matchplay does not warrant that: (i) the software will meet your requirements; (ii) the software will not infringe any third party’s intellectual property rights; (iii) the operation of the software will be error free or uninterrupted; (iv) any defects in the software will be corrected; or (v) the software or the servers are virus-free.
(d) In the event of communications or system errors occurring in connection with the settlement of accounts or other features or components of the software, neither Matchplay nor the Software Provider will have any liability to you or to any third party in respect of such errors. Matchplay reserves the right in the event of such errors to remove all relevant products from the Website/App and take any other action to correct such errors.
(e) You hereby acknowledge that how you use the software is outside of Matchplay’s control. Accordingly, you load and use the software at your own risk. Matchplay will not have any liability to you or to any third party in respect of your receipt of and/or use of the software.
(f) The software may include confidential information which is secret and valuable to the Software Provider and/or Matchplay. You are not entitled to use or disclose that confidential information other than strictly in accordance with these Terms of use.
4.6 While Matchplay endeavours to ensure that the Website/App is available 24 hours a day, Matchplay shall not be liable if for any reason the Website/App is unavailable at any time or for any period. We reserve the right to make changes or corrections to or to alter, suspend or discontinue any aspect of the Website/App and the content or services or products available through it, including your access to it.
4.7 You must not misuse the Website/App by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not access without authority, interfere with, damage or disrupt the Website/App or any part of it; any equipment or network on which the Website/App is stored; any software used in connection with the provision of the Website/App; or any equipment, software or website/App owned or used by a third party. You must not attack our Website/App via a denial-of-service attack. 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 the Website/App, software or to your downloading of any material posted on it, or on any website linked to it.
5. Third Party Content
5.1 Matchplay receives feeds, commentaries and content from a number of suppliers. Certain third party product providers may require you to agree to additional terms of use governing the use of their feeds, commentaries and content. If you do not accept the relevant third party terms of use, do not use the relevant feeds, commentaries or content.
5.2 Matchplay does not accept any liability in respect of any third party feeds, commentaries and content.
5.3 Where the Website/App contains links to third party websites/App and resources, these links are provided for your information only. Matchplay has no control over the content of these sites or resources, and accepts no liability for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third party website/App does not constitute an endorsement of that third party’s website/App, product or services (if applicable).
6. Intellectual Property
6.1 The contents of the Website/App are protected by international copyright laws and other intellectual property rights. The owner of these rights is (Matchplay), its affiliates or other third party licensors.
6.2 All product and company names and logos mentioned on the Website/App are the trademarks, service marks or trading names of their respective owners, including Matchplay.
6.3 No part of the Website/App may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website/App or in any public or private electronic retrieval system or service including text, graphics, video, messages, code and/or software without our express prior written consent.
6.4 If you make use of a feature that allows you to upload material, information, comments, postings or other content to the Website/App ("User Content"), then the User Content will be considered to be non-confidential and non-proprietary and Matchplay has the right to use, copy, distribute and disclose to third parties any User Content for any purpose. Matchplay also has the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to the Website/App constitutes a violation of their intellectual property rights or of their right to privacy. Matchplay has the right to remove, amend or edit any User Content you make on the Website/App.
6.5 Any commercial use or exploitation of the Website/App or its content is strictly prohibited.
7. Compensation for Damages
You agree to defend, indemnify and hold harmless Matchplay, its parents, subsidiaries, agents, affiliates, customers, vendors, officers and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys fees and cost) arising from: (a) your use of and access to the Service; (b) your violation of any term of this Agreement; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule, or regulation; (e) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account or Matchplay User ID.
8. Applicable Law
These terms of use and any dispute or claim arising out of or in connection with it or its subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the laws of the country where the user resides.