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General Terms and Conditions of Business and Use

Welcome to SPITCH!

1 Who we are and how to contact us

1.1 SPITCH is the trading name of SPITCH Live UK Limited, a company incorporated in England and Wales with registration number 13343787 and its registered office at 3rd Floor 1 Ashley Road, Altrincham, Cheshire, United Kingdom, WA14 2DT (“SPITCH”, “we”, “us” or “our”). SPITCH is part of a group of companies, which we refer to as the “SPITCH Group”.

1.2 SPITCH is licensed and regulated by the Gambling Commission of Great Britain (“Gambling Commission”) under account number [58329] for customers in Great Britain.

1.3 If you would like to contact us, please email us at info@spitch.live.

2 These terms and your relationship with us

2.1 Please read these general terms and conditions of business and use (“General T&Cs”) carefully before using the website available at https://www.spitch.live/en or our Android and iOS mobile applications (the website and our mobile applications being together referred to as the “Site”).

2.2 You can either read these General T&Cs in the order they appear, or click the links below to go straight to more information on any of the following topics:

3 By using our Site, you agree to these terms

3.1 These General T&Cs govern your use of the Site and the products and services made available via the Site from time to time (the “Services”), together with:

3.1.1 our Rules of Play (https://www.spitch.live/uk/rules-of-play-and-participation) and any other rules, terms and/or conditions applicable to any specific products or services displayed on the Site from time to time;

3.1.2 any terms and conditions of any promotions, bonuses or special offers which may be founds on the Site from time to time;

3.1.3 the end user licence agreements provided by Apple and Google which apply to your use or our mobile applications); and

3.1.4 our Privacy Policy (https://www.spitch.live/uk/privacy/), which tells you how we use your personal information,
(together referred to as the “Terms”). If there is a conflict or inconsistency between any of the documents that make up the Terms, they will apply in the order of precedence set out above.

3.2 We would like to draw your attention to the following sections of these General T&Cs:

3.2.1 Section 8 – How to open an account;

3.2.2 Section 17 – Winnings;

3.2.3 Section 21 – Our right to close your Account;

3.2.4 Section 23 – Limitations on our liability; and

3.2.5 Section 24 – Our right to offset payments.

3.3 By using our Site and/or our Services and/or opening an account with us (an “Account”), you enter into a legally binding contract with SPITCH and confirm that you accept the Terms and that you agree to comply with them.

3.4 If you do not agree to the Terms, you should not use our Site or Services.

4 We may make changes to the Terms

4.1 SPITCH reserves the right to make changes to the Terms at any time. We will notify you of any material changes to our Terms in advance of the change taking effect by sending you an email to the email address associated with your Account. If you continue to use the Site and/or Services after the changes come into effect, you will be deemed to have accepted the changes.

4.2 It is your responsibility to check the Terms each time you use the Site and/or Services. You are advised to print these General T&Cs for future reference.

4.3 If any provision of the Terms is held to be invalid or unenforceable by any judicial or competent authority, all other provisions of the Terms will remain in full force and effect and will not in any way be impaired.

4.4 If any provision of the Terms is held to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question will apply to the minimum modifications necessary to make it valid and enforceable.

5 We may make changes to or suspend or withdraw the Site and/or Services

5.1 SPITCH reserves the right at any time and without stating the reasons, to make changes to or to suspend or discontinue any or all of the Services, to reject Account opening applications and/or to block, suspend or close any Account.

5.2 We do not guarantee that our Site, or any of the content on it, will meet your requirements or always be available or uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Site (or the servers that make them available) are free of viruses or bugs.

5.3 We make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date.

5.4 SPITCH assumes no liability for any errors in the transmission of events and/or results. In delivering the Services, SPITCH uses the services of third parties, who have also contractually excluded any liability to SPITCH. SPTICH shall not be liable for any mistakes or errors in any, or any out of date, incomplete or incorrect, information appearing on the Site including (without limitation) details of any results or any faulty, delayed, manipulated or abusive data appearing on the Site.

6 How you may use our Site

6.1 All Site design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material contained within the Site (including the Terms) are subject to copyright and other proprietary rights which are either owned by us or used under licence from third party rights owners. You may print copies, and may download extracts, of any page(s) from the Site for your personal use only.

6.2 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.

6.3 Any material downloaded or otherwise obtained through the use of our Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or for any loss of data that results from the download of any such material.

7 Prohibited uses of the Site

7.1 You may use our Site for your own personal and non-commercial use only and shall not be allowed to provide access or reproduce the Site or any part of them in any form whatsoever without our express consent, including by creating links to our Site.

7.2 You may use the Site for lawful purposes only. You may not use the Site:

7.2.1 in any way that breaches any applicable local, national or international law or regulation;

7.2.2 in any way that is fraudulent or has any fraudulent purpose or effect;

7.2.3 to bully, insult, intimidate, humiliate or harm any person;

7.2.4 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

7.2.5 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.

7.3 You also agree:

7.3.1 not to use automated software programmes (such as scripts and bots) to analyse any portion of or to take any action on the Site;

7.3.2 save as set out in paragraph 6.1 above, not to reproduce, duplicate, copy or re-sell any part of the Site;

7.3.3 not to use the Site for any purpose which is or is likely to be considered to be defamatory, abusive, obscene, unlawful, racist, sexist discriminatory or which could otherwise cause offence;

7.3.4 not to access without authority, interfere with, damage or disrupt:

7.3.4.1 any part of the Site;

7.3.4.2 any equipment or network on which the Site operates;

7.3.4.3 any software used in the provision of the Site; or

7.3.4.4 any equipment, network or software owned or used by any third party in connection with the Site.

7.4 The use of any unfair methods in connection with the use of the Site or Services is prohibited. This applies especially to participation in fraudulent activities. Likewise, the use of any tools such as, but not limited to, scripts, bots or spiders is strictly prohibited. If you violate this provision, SPITCH will proceed in accordance with paragraph 21.3 and reserves the right to report any such behaviour to the relevant authority or regulator.

7.5 All transactions are monitored and reviewed for signs of possible money laundering or other criminal activities. Any suspicious activity on an Account may result in your details being reported to the relevant authorities, your SPITCH Account being suspended, blocked or closed and/or any funds standing to the balance of the Account being withheld or confiscated.

7.6 Employees of the SPITCH Group and their relatives are not permitted to take part in any pay-to-play Services available on our Site and may not withdraw any winnings from their Account. “Relatives” for these purposes, in relation to a person, means any immediate relative including the father, mother, son, daughter, brother, or sister of that person or that person’s spouse or civil partner.

8 How to open an Account

8.1 In order to use SPITCH, you must open an Account via the Site. By opening an Account, you declare that you:

8.1.1 are at least 18 years old. It is an offence to gamble if you are under the age of 18;

8.1.2 are not restricted in your legal capacity and are legally capable of entering into binding contracts;

8.1.3 are not subject to a guardianship;

8.1.4 have opened the Account for your own personal use and will not use it for commercial purposes;

8.1.5 have not self-excluded from gambling (including via GamStop) and neither we nor any other gabmling operator has excluded you from gambling;

8.1.6 are physically present in Great Britain each time you use our Site and/or Services;

8.1.7 are not prohibited from using the Site and/or Services by any term of your contact of employment or any rule of a sports governing body which applies to you;

and

8.1.8 will not deposit or use funds derived from any unlawful or criminal activity.

8.2 You may only use SPITCH if it is legal for you to use the Services in accordance with the laws applicable in the country you are in at the time you use the Services. It is at all times your sole responsibility to comply with the applicable laws and to ensure that you are fully authorised to use the Services provided by SPITCH.

8.3 You may register for an Account via our website and through our mobile applications.

8.4 You agree to inform SPITCH immediately if your identity details change or you suspect that a third party is using your Account.

8.5 You agree to provide accurate information when registering for an Account and whilst using our Services, including your age, residential address and e-mail address, and to keep this information up to date. You can make changes in the “Settings” section of our Site. In order to verify the information provided and in particular your identity, SPITCH reserves the right to request proof and documents at any time at its absolute discretion.

8.6 In the event of any of the statements set out in paragraph 8.1 prove to be false, later become false, or we discover that you have provided us with false information, we may close your Account, in which case paragraph 21.3 will apply. We may also report the matter to the police, parents, sports governing bodies or regulatory authorities. For further information on the circumstances in which we can close your account, and the consequences, please refer to Section 20 (Our right to place restrictions on your Account).

8.7 We may place restrictions on your Account (which may include deposit restrictions) in order to comply with legal and regulatory obligations.

8.8 These restrictions may affect your use of your Account and we shall not be responsible if any restrictions affect your ability to complete the requirements of any promotion and/or to win any prizes.

9 Our right to close your Account

9.1 When opening an Account, you must choose a username and password which must not be similar to other data entered (e.g. first name or home address). SPITCH only accepts robust passwords that consist of at least eight (8) characters and include alphanumeric characters and/or symbols or a mixture of lower and upper case letters. We recommend that you update your password at regular intervals.

9.2 You agree to keep your password secret at all times and to ensure that it is not known or used by third parties. SPITCH shall not be liable for any damages that you may suffer as a result of unauthorised or improper use of your registration data (including your username or password or other credentials). If another person accesses your Account, you are responsible for all their actions whether or not their access was authorised by you and you hereby indemnify us and hold us harmless against all costs, claims, expenses and damages arising in connection with the use of or access to your Account by any third party.

9.3 If you lose, or forget, your username and/or password, or if you believe that a third party is aware of them, you should contact us immediately so that new security details can be allocated to you.

9.4 SPITCH keeps all Account details confidential. However, SPITCH may be required under applicable laws or regulations by auhtorities or regulators such as the Gambling Commission to provide them with information relating to you, your Account and/or your use of our Site and/or Services.

9.5 SPITCH is obliged to report suspicious transactions or activity to the competent authority.

9.6 Unless otherwise stated, amounts such as credit balances, deposits or withdrawals are displayed in pound sterling. The settings at our payment provider Adyen are configured to convert non-euro currencies into euros. Adyen uses the Oanda mid-rate, modified by an FX surcharge (1.2% for settlement currencies and 3% for exotic currencies).You are responsible for any/all charges that your financial institution may charge in connection with your deposit.

9.7 Your Account is personal to you. You may not transfer or sell Account to any third party. It is also not possible to transfer funds from one Account to another.

9.8 You may only hold one SPITCH Account. Holding more than one Account is strictly prohibited. If we have reason to believe that you have opened or are associated with more than one Account we may:

9.8.1 close, block or suspend some or all of the Accounts;

9.8.2 void any transactions made through any of the relevant Accounts, void any associated winnings and return any stakes paid in relation to any bets that have not yet been settled;

9.8.3 void any bonus balance standing to the credit of any of the Accounts;

9.8.4 return any deposits standing to the credit of any of the Accounts (including any stakes paid in relation to any bets that have not yet been settled) or investigate the matter further and if you can prove (e.g. by means of verification) that you are the owner of both Accounts and that you have not used any false information or information belonging to a third party in the creation of any of the Accounts then we may elect to treat the Accounts as a single Account and arrange for any deposits standing to the credit of any of the Accounts to one single Account, in which case we are entitled to charge an administration fee of €25.00 which represents the cost to use in processing the transfer (and such fee shall be deducted from the transferred credit.

9.9 You may only participate in SPITCH for your own purposes. You may not use the Site or Services on behalf of third parties.

9.10 SPITCH reserves the right to reject your application to open an account at its sole discretion and without giving reasons.

10 How we verify your age and identity

10.1 You may only start using our Services after we have successfully completed all Account opening verification checks. This means that you will not be able to deposit any funds into your Account, access any free-to-play Services that we make available or gamble with us using real money or any free bet or bonus until we have verified your age and you will not be able to gamble with us until we have verified your identity.

10.2 In order to verify your age and identity we will share your name, address and date of birth with our chosen third party electronic verification provider to verify these details. A record of the search may be retained by us and/or the third party provider.

10.3 We also reserve the right to request documentation from you in order to complete any further verification checks we consider (in our sole discretion) to be necessary. Verification checks can take place at any time at our discretion. This may include requests for documents or information to verify any of the following information: your name, age and/or address; country of birth; ownership of payment methods; and/or income. To verify this information we may ask you to provide copies of your passport, drivers’ licence, recent utility bills, bank statements, mortgage statements and/or council tax bills. If you fail to, or delay in, providing any documentation or information requested, we may close, block or suspend your Account and/or place other restrictions on it that we consider necessary or appropriate in order to comply with our legal or regulatory obligations.

10.4 Any information or documents you send to us may be shared with other companies within the SPITCH Group or with competent authorities including the Gambling Commission. You can find further information about how we may use your verification information in our privacy policy: https://www.spitch.live/uk/privacy/.

11 How to deposit funds

11.1 Deposits to your SPITCH account can be made through various payment systems such as bank transfer, debit card, Paypal, Sofortüberweisung, Apple Pay using payment methods belonging to you and in a name matching the name associated with your SPITCH Account. Cash deposits and withdrawals are not possible. Deposits by cheque will not be accepted. The processing of bank transfers usually takes between 5 and 30 working days.

11.2 Deposits by credit card are not permitted, directly or indirectly via an electronic payment services provider or eWallet.

11.3 SPITCH reserves the right to add, restrict or discontinue payment methods at any time and without prior notice. We may also set minimum and/or maximum amounts for deposits using any method. Any restrictions will be indicated during the deposit process.

11.4 Cancellation fees, charges for charge-backs, return debit notes and similar costs incurred by incorrect deposits are to be borne by you and will be deducted from your Account balance.

11.5 If you choose an electronic payment method, you may not revoke, cancel or reverse the payment if the payment order is properly executed.

11.6 SPITCH is not a financial institution and does not pay interest on balances or disbursements. Account facilities are provided to you solely to enable you to use our Services and hold any winnings. If you, for whatever reason, appear to be depositing and withdrawing money without genuine play, we may close, restrict or suspend your Account and investigate the circumstances. This may result in a report being made to the necessary authorities and/or the Account being closed, restricted or suspended.

11.7 It is your responsibility to immediately report any funds that are incorrectly credited to your Account. Any winnings resulting from any such error may be voided and we shall not be liable to pay any such winnings to you.

12 How we hold your funds

12.1 We are required under the terms of our licence issued by the Gambling Commission to inform customers how we hold their funds, and the extent to which funds held by us are protected in the event of our insolvency: http://www.gamblingcommission.gov.uk/for-the-public/Your-rights/Protection-of-customer-funds.aspx.

12.2 We hold customer funds separate from company funds in a bank account. These funds are not protected in the event of insolvency: not protected segregation.

13 Responsible Gambling

13.1 We take responsible gambling very seriously. We want you to enjoy using our Site and Services.

13.2 Always remember that you must only spend what you can afford and always set yourself sensible limits. We offer a range of features and services to help you stay in control – please refer to our Responsible Gambling Policy for full details.

13.3 In addition to maintaining our own self-exclusion scheme, we participate in the national multi-operator self-exclusion scheme (GAMSTOP).

13.4 We are only able to operate self-exclusion under the GAMSTOP self-exclusion service on the basis of information you provide to GAMSTOP as part of your registration to use the GAMSTOP self-exclusion service. We will not be responsible for any failure on our part to spot any errors made by you or GAMSTOP when providing this information.

13.5 You are reminded that it is in your interests to provide GAMSTOP with truthful and accurate details, consistent with those which you use/have used to set up any Account with us. It is your responsibility to keep the information provided to GAMSTOP up to date. We will not be responsible for you failing to keep this information up to date.

13.6 The GAMSTOP self-exclusion service will only prevent you from accessing those Accounts that match the details you have provided to GAMSTOP as part of your self-exclusion application. Similarly, the GAMSTOP self-exclusion service will only prevent you from opening new Accounts where the personal information you provide to us matches the details you have provided to GAMSTOP as part of your self-exclusion application. We will not therefore be responsible for failing to prevent access to your Account or prohibiting the opening of new Accounts, in circumstances where inaccurate, inconsistent and/or incomplete information is provided to us and/or GAMSTOP.

13.7 You agree not to attempt to open any new Account, log into your existing Account, or in any other way try to circumvent GAMSTOP’s or our operating systems/mechanisms for the duration of your self-exclusion.

13.8 In addition, in no circumstances will we be liable to you or any third party if you are able to access your Account or open new Account during a period of self-exclusion under the GAMSTOP self-exclusion service for reasons outside of our reasonable control. This will include circumstances where the operating systems utilised by GAMSTOP fail to properly and/or instantaneously identify you and/or your Account as subject to self-exclusion when you attempt to use our Site.

13.9 We will close your Account if you self-exclude via our self-exclusion function or through GAMSTOP. Once your Account is closed, we will return any balance standing to the credit of your Account to you via the current active payment method linked to your Account. If you have any unsettled bets we will wait until the bet(s) have/has been settled before attempting to return any winnings to you via the current active payment method linked to your Account. Any bonuses or free bets credited to, or accrued on, your Account will be cancelled and removed.

13.10 We will use reasonable endeavours to pay any balance standing to the credit of your Account to you after you have self-excluded. If we are unable to return any such funds to you, we will keep such funds for a period of 6 months from the date on which the self-exclusion period you have selected expires. If we are unable to return the funds to you on or before the expiry of such 6 month period, then you agree that we shall pay the funds to a responsible gambling charity.

13.11 If you do self-exclude, you agree not to try to register a new Account. If we discover that you have been successful in creating a new Account we will terminate all your Accounts and follow the process in paragraph 13.9 above.

14 How to play SPITCH

14.1 SPITCH offers a range of products including classic tournaments, ‘pair up’, ‘double up’, head to head tournaments and ’60/40′.

14.2 Our classic tournaments (including free-to-enter tournaments), ‘double up’, head to head tournaments and ’60/40′ are all referred to as “Tournaments” for the purpose of these General T&Cs.

14.3 You can find detailed information on how to play SPITCH in our Rules of Play: https://www.spitch.live/uk/rules-of-play-and-participation.

15 Tournament rules and points catalogue

15.1 At the beginning of a Tournament you put together your desired team by selecting real football players from the relevant football league. To take part in a Tournament, you must select a pitch in the main “LOBBY”. Each pitch will present to you in advance the maximum and minimum winnings that may be won as well as the percentage of the most successful managers who will be included in the winning zone.

15.2 Your entry is only accepted once you have selected a valid team (including a captain), clicked ‘play’ and received confirmation from us of your selection. Your participation in a Tournament is binding upon confirmation of your selected pitch. It is no longer possible to cancel beyond this point. Cancellations are therefore also not possible.

15.3 You will play against all other participants in your selected pitch on the respective matchday. Your participation is valid for one matchday. Your chosen team of football players will earn points based on the events in real life football matches. SPITCH evaluates the athletic performance of the different football players using a points catalogue (available at https://www.spitch.live/uk/points-catalogue/). Only the events included in the points catalogue are taken into account by SPITCH. The participants with the most points will show in the winning zone and win real money. The tournament ends with the final whistle of the final match on matchday.

15.4 In order to participate in a pitch, the rules of the selected pitch must be followed.

15.5 Each player in your team will earn points based on his performance in a real football match. The points per action are set out in the SPITCH points catalogue, which can be found at: https://www.spitch.live/uk/points-catalogue/.

15.6 All regulations concerning postponed or canceled games can be found at https://www.spitch.live/uk/rules-of-play-and-participation/.

15.7 Your entry is always only valid for the matchday indicated.

15.8 SPITCH reserves the right to change the rules of the game or the points catalog between game days. Therefore, users must always inform themselves about the applicable rules of the game and the allocation of points on their own authority. In addition, users will be informed about rule changes through the newsletter and social media.

16 Deadline for participation

You can join a pitch at any time before the final match on matchday (the final whistle). However, points will only be awarded in respect of the actions of players after we have confirmed your selection. Points for actions taking place before we have confirmed your selection will not be added retrospectively.

17 Winnings

17.1 All participants in a pitch compete for entry into the winning zone. The amount of winnings awarded to a participant depends on his or her position within the winning zone and the terms of the selected pitch.

17.2 Participants who do not reach the winning zone will not receive any winnings. Winnings will automatically be credited to your Account. In individual cases, the crediting of winnings to the respective Account may take up to 10 working days. We may delay or withhold the payment of winnings to you if we consider it necessary for security reasons or to comply with our legal or regulatory obligations and/or if SPITCH has a legitimate interest in further clarification of the facts.

17.3 SPITCH reserves the right to delay or withhold the payment of any winnings in connection with any pitch if it suspects that any of the related real life matches have been tampered with or fixed until such time as it is determined by a court of law that tampering or match fixing has not taken place. In this case, without judicial clarification, only your stake will be refunded to you.

17.4 On certain matchdays and/or pitches, a minimum number of participants is required. If the specified number of participants is not reached, the Tournament will be cancelled and your stake will be refunded to your Account.

17.5 Statistics generated after the end of the match will not count towards the Tournament if they are not available from our external provider within ten minutes of the end of the relevant match. If a match ends prematurely and statistics from our external provider are available, these statistics will count towards the relevant tournament.

17.6 SPITCH reserves the right to cancel a Tournament or any other product at its sole discretion and without restriction if it suspects manipulation. As a rule, this will only be done in cases in which SPITCH assumes that failure to cancel will have far-reaching consequences for the integrity of a SPITCH game.

17.7 The outcome of all our products is determined by real life events. The provision of player data, league statistics and background information is provided by our external provider. SPITCH itself does not collect any data regarding players, teams and leagues. The Services also includes the constant checking of the teams and the players available in them for the respective Tournaments or other products. SPITCH makes no guarantee and assumes no liability for the information and statistics provided by the external provider. The external provider provides scores using its own company registration system. The assessment of these statistics, i.e. whether, for example, a pass is to be assessed as such or whether a shot is considered a “goal shot” or “missed the goal”, is solely the responsibility of the external provider. These rules apply to all real players, so there are no advantages or disadvantages. If SPITCH, due to erroneous information provided by the external provider, reaches an erroneous score after all matches of the game have been completed and the winnings have already been distributed, later corrections will be disregarded, no changes will be made and the awarding of the winnings will not be affected.

17.8 The external provider provides SPITCH with the final statistics after the game has ended. Based on these statistics, SPITCH will calculate the results of each game. In individual cases, the external provider is forced to correct its statistics, even after the end of a match within a game for which the score was already fixed. Such corrections are made in rare cases, but this is still possible after days. For this reason, such corrections, after the end of the game, do not affect the originally determined results. This is different in the case of a correction made by SPITCH after a match due to an error in data processing or the evaluation process. In this case, SPITCH will check the winning distribution in order to make a recalculation.

17.9 SPITCH assumes no liability for input, transmission and/or evaluation errors. In particular, SPITCH reserves the right to correct errors in the input of the prize pool, maximum winnings or the evaluation of results (e.g. typing errors) (even after the event) or to declare the Tournament(s) concerned invalid, in which case we shall return your stake to you.

17.10 SPITCH does not guarantee the accuracy, completeness or actuality of the information services provided, e.g. on live events.

18 How to make a withdrawal

18.1 Winnings will be credited to your Account within [10] working days. This balance will remain in your Account unless you submit a request that part, or all, of the outstanding balance is returned to you.

18.2 You can withdraw an existing balance or part of it from your SPITCH Account at any time.

18.3 If you want to withdraw less than the whole amount standing to the credit of your Account, the minimum you can withdraw is €5.00. A processing fee of €3.00 is charged for each withdrawal. There are no maximum withdrawal limits.

18.4 Withdrawals must be made to the same account or using the same payment method that was used for the deposit. If you wish to use a different payment method or account for the withdrawal, you must first verify your ownership of the relevant payment method and/or account. Please contact info@spitch.live for more information on this process.

18.5 If we pay an amount to you in error or we pay you more than the amount to which you are properly entitled in accordance with our Terms, you agree to repay to us immediately upon request from us the amount which has been wrongly paid or overpaid to you. We also reserve the right to adjust the credit balance in your Account to retrospectively rectify errors made by us.

18.6 We will not be liable to you if we cannot pay winnings to you due to the information provided to us by you being incorrect, incomplete or invalid.

18.7 You are solely responsible (as applicable) for any bank charges or tax obligations (including, but not limited to potential VAT, gambling or betting tax/duty, corporation taxation, turnover taxation, yield taxation and income tax), taxes, duties or levies accruing on bets placed with us and for any winnings paid by us to you by us.

19 How to close your account

19.1 You can close and delete your Account in “Settings”.

19.2 We are obliged by law to keep your personal data after your Account has been closed. If you would like to know more about why we need to keep your personal data after your Account has been closed, please see our privacy policy: https://www.spitch.live/uk/privacy/.

20 Our right to place restrictions on your Account

20.1 We may place restrictions on your Account (which may include deposit restrictions) in order to comply with legal and regulatory obligations.

20.2 These restrictions may affect your use of your Account and we shall not be responsible if any restrictions affect your ability to complete the requirements of any promotion and/or to win any prizes.

21 Our right to close your Account

21.1 We reserve the right, in our sole discretion, to close your Account at any time without prior notice. You will be notified of any such action by email. Any previous deposits and unsettled bets that are valid and do not violate these Terms will not be affected by the closure of your Account in accordance with this paragraph 21.1.

21.2 We also reserve the right to withhold any funds in your account and/or close your Account if we have reasonable grounds to believe that:

21.2.1 any of the statements set out in paragraph 8.1 are false;

21.2.2 you have more than one active Account with SPITCH;

21.2.3 your name or other details do not match the name or other details on your credit or debit card or other payment accounts used for deposits at SPITCH;

21.2.4 you have provided incorrect or misleading information during registration and/or in the course of your contractual relationship with SPITCH;

21.2.5 you do not provide any documentation or information requested by us within the requested period of time;

21.2.6 you use the SPITCH Site or Services from a country where the services offered are prohibited by law;

21.2.7 you deposit funds derived from criminal, other illegal or unauthorised activities;

21.2.8 you are cheating, attempting to cheat or have cheated anyone or you have applied or used any system (including machines, robots, computers, software or other automated systems) designed or capable of damaging our Site, or you are colluding or attempting to collude with other customers to defraud SPITCH or other customers;

21.2.9 match rigging has taken place;

21.2.10 you have (knowingly or unknowingly) enabled a third party to use your account;

21.2.11 you are an employee of a company in the SPITCH group;

21.2.12 you are otherwise in material breach of these Terms; or

21.2.13 you participate in games on behalf or for the account of bookmakers, agents, their employees or other persons or organisations that are not permitted to use SPITCH.

21.3 In the event that we close your Account in accordance with these General T&Cs, we reserve the right to:

21.3.1 void any transactions made through your Account, void any associated winnings and return any stakes paid to us in relation to any unsettled bets;

21.3.2 void any bonus balance standing to the credit of your Account; and/or

21.3.3 return any deposits standing to the credit of any of the Account.

22 Inactive Accounts

22.1 If you do not log in to your Account for a period of twelve (12) months or longer, we may choose to close your Account and remit any balance to you using your last known payment details.

22.2 If it is not possible for us to remit any such balance to your last known payment details, we may charge a periodic fee from your account balance until you log into your account again (and it becomes active) or the account balance is exhausted (whichever occurs earlier) and any such fee or charge will be no more than a reasonable estimate of our costs incurred by us in maintaining your dormant account.

22.3 We will always notify you at least 30 days in advance of any payment being taken from your account balance in accordance with paragraph 22.2.

23 Limitations on our liability

23.1 We will endeavour to provide the Site using our reasonable skill and care. We make no further warranty or representation, whether express or implied, in relation to the Site. All implied warranties or conditions of satisfactory quality, fitness for purpose, completeness or accuracy are hereby excluded to the fullest extent permitted by law.

23.2 In the event of systems or communications errors relating to the presentation of pitches, calculation of points, awarding of winnings and/or any other elements of the SPITCH products or Services, we will not be liable to you as a result of any such errors and we reserve the right to void all entries to the pitches in question (and any associated winnings) and we shall return your stake to you.

23.3 We shall not be liable to you or any other person whether in tort (including for breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, business interruption, loss of business opportunity, depletion of goodwill 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 under the Terms and or arising out of, or in connection with, the use of the Site or the Services.

23.4 Except for our obligation to pay winnings for successful and valid bets placed by you and submitted and accepted according to the Terms, our total aggregate liability to you in contract, tort (including breach of statutory duty), misrepresentation, restitution or otherwise shall be limited to the lower of (a) £100,000 (one hundred thousand euros) and (b) the value of the stake paid to us in respect of the bet relevant to which the liability in question has arisen.

23.5 We shall have no liability to you (inlcuding the payment of winnings) or any other person:

23.5.1 if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or the workforce of any of our third party suppliers), failure of a utility service or transport or telecommunications network, any pandemic, act of God, war, riot, civil commotion, malicious damage, you becoming disconnected from our Site, any malfunctions in our Site or software or the sofwtare provided to us by any third party, failure of telecommunications services or internet connections, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm;

23.5.2 for any damages or losses, without limitation, that are deemed or alleged to have resulted from or caused by the Site or its content, including without limitation delays or interruptions in operation or transmission, communications, lines failure, any person’s use or misuse of the Site or its content, or any errors or omissions in content;

23.5.3 for any failure, error, glitch or malfunction of the Site or our software or systems or the software or systems provided to us by any third party (including any SPITCH Group company); or

23.5.4 the acts, omissions, defaults, breaches or inactions of any SPITCH Group company or any other third party providers to provide the Site and/or the Services.

23.6 You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

23.7 Our Site and Services are provided to you “as is” and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.

23.8 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

24 Our right to offset payments

If you owe any money to us for any reason, we have the right to take that into account before making any payments to you or permitting you to withdraw any funds from your Account.

25 How we may use your personal data

25.1 You can find information about how we use your personal data in our privacy policy: https://www.spitch.live/uk/privacy/.

25.2 If you accrue enough points to enter the winning zone, we will publish your username on the Site. You can choose your username (under “Nickname”) when registering for an Account. Please bear this in mind when choosing your username. If (in our sole discretion) we consider your username to be inappropriate, we may require you to change it.

26 Our trade marks are registered

“SPITCH” and “SP” are registered trade marks of SPITCH GmbH. You are not permitted to use them without our prior written approval.

27 Which laws apply?

27.1 These Terms, their subject matter and their formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to hear and determine all claims or disputes arising out of or in connection with the Terms, your use of the Site and/or Services and any associated matter.

27.2 If we do not insist immediately that you do anything you are required to do under the Terms, or if we delay in taking steps against you in respect of your breaching the Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

28 Translations to these Terms

In the event of differences between the English and any other language versions of the Terms, the English version shall prevail.

29 We may transfer this agreement to someone else

29.1 We may transfer our rights and obligations under these Terms (in whole or in part) to any company within our corporate group or any other organisation at any time.

29.2 You may not assign any of your rights or obligations under the Terms.

29.3 You are not permitted to assign claims you have against SPITCH, whether for payment or free of charge, to pledge or otherwise legally dispose of them.

30 How do I make a complaint?

You can find information about your right to complain and our policies for dealing with complaints in our Complaints & Disputes policy.

Your SPITCH Team

[Version [1.2:] 04/12/2022]

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